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2011-09-26_Agenda Packet--Dossier de l'ordre du jour4 City of Saint John Common Council Meeting Monday, September 26, 2011 Committee of the Whole 1. Call to Order 4:30 p.m. 8th Floor Boardroom City Hall 1.1 Contract Matter 10.2(4)(b,g) 1.2 Financial Matter 10.2(4)(c,j) 1.3 Financial Matter 10.2(4)(c,j) Regular Meeting Si vous auriez besoin des services en frangais pour une r6union de Conseil Communal, veuillez contacter le bureau de la greffiere communale au 658 -2862. 1. Call to Order — Prayer 5:30 p.m. Council Chamber 2. Approval of Minutes 3. Adoption of Agenda 3.1 Common Clerk: Committee System form of Governance (Tabled on September 19, 2011) 3.2 City Manager: Initiation of the Formal Adoption of the Municipal Plan 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 Lorne Middle School Letter of Thanks re PALS program (Recommendation Receive for Information) 5.2 Saint John Community Arts Board: State of the Arts address to Common Council (Recommendation: Refer to Clerk to Schedule) 5.3 Consulting Services Tangible Capital Assets Valuation REP 2011 092204P (Recommendation in Report) 5.4 Supply and Installation of Playground Equipment Glen Road Playground (Recommendation in Report) 5.5 Overhead Door Inspection and Maintenance Services RFP 2011 085701P(Recommendation in Report) 5.6 Plumbing Maintenance Services REP 2011 082201P (Recommendation in Report) 5.7 Proposed Public Hearing Date: 3795 Loch Lomond Road and 1210 Loch Lomond Road (Recommendation in Report) 5.8 City of Saint John Citizen Survey (Recommendation in Report) U 5.9 Rodney Terminal Outfall Renewal Phase 1, Contract No 2010 -26 (Recommendation in Report) 5.10 Princess Street (Prince William Street to Charlotte Street) Street Lighting (Recommendation in Report) 5.11 Saint John Information Management Project (SJIM)(Recommendation in Report) 5.12 Commissioner of Finance: Provision of Banking Service (Recommendation in Report) 5.13 Fire Station 8 Basement Exit Stairs (Recommendation in Report) 5.14 River Road Community Alliance Request to Present (Recommendation: Refer to the Clerk to Schedule) 5.15 Early Access for Easement for Public Utilities- 170 Prince William Street - Saint John High School (Recommendation in Report) 5.16 Uptown Saint John Letter: Draft Municipal Development Plan (Recommendation: Receive for Information) 5.17 Strongman Canada Competition (Recommendation in Report) 6. Members Comments 7. Proclamation 7.1 Right to Know Week - September 26 - 30, 2011 7.2 Fire Prevention Week - October 9th to October 15, 2011 Fire Service Recognition Day - Saturday, October 15, 2011 8. Delegations / Presentations 8.1 Saint John Police Commission: Crime Mapping.Com (Tabled on September 11, 2011) 9. Public Hearings 7:00 p.m. 9.1(a) Proposed By -Law Amendment Stop Up and Close a Portion of Water Street 9.2(a,b) Proposed Municipal Plan & Zoning By -Law Amendment 109 -113 Prince Edward Street and 27 Richmond Street 9.2(c) Planning Advisory Committee Report Recommending Municipal Plan and Zoning Amendments with Section 39 Conditions 9.3(a) Proposed Zoning By -Law Amendment - 1 Plaza Avenue 9.3(b) Planning Advisory Committee Report Recommending Rezoning 10. Consideration of By -laws 10.1 Third Reading - Proposed Subdivision By -Law Amendment 11. Submissions by Council Members 11.1 Budget / Pensions / Options (Councillor Titus) 11.2 Regular Meetings of Common Council (Councillor Sullivan) 11.3 Quinton Heights Park Enhancement - Heritage Canada Opportunity (Councillor McGuire) 12. Business Matters — Municipal Officers 12.1 City Manager: Demolition of a Dilapidated and Vacant Building at 18 -20 Bryden St, MC2011 -240 12.2 Commissioner of Finance: Saint John Community Loan Board - Maturity of Investment 12.3 City Manager: Solid Waste Management Service - Collection Decision 5 12.4 City Manager: Letter of Agreement to Amend Working Agreement with CUPE, Local 18 13. Committee Reports 13.1 Parking Commission: Proposed Revision to 2011 Capital Budget 13.2 Planning Advisory Committee: Proposed Subdivision - 1515 Loch Lomond Road 13.3 Planning Advisory Committee: Proposed Subdivision and Street Vesting - 555 McAllister Drive 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 16. Adjournment 0 4 City of Saint John Seance du conseil communal Le lundi 26 septembre 2011 Comit6 pl6nier 1.Ouverture de la seance 16 h 30 — Salle de conference, 8e 6tage, hotel de ville 1.1 Question contractuelle — alin6as 10.2(4)b), g) 1.2 Question financi&e — alin6as 10.2(4)c), j) 1.3 Question financiere — alin6as 10.2(4)c), j) Seance ordinaire 1. Ouverture de la seance, suivie de la priere 17 h 30 — Salle du conseil 2. Approbation du proces- verbal 3. Adoption de Fordre du jour 3.1 Greffiere communale : Mode de gestion du syst&me des comit6s (point report6 lors de la r6union du 19 septembre 2011) 3.2 Directeur g6n6ral : Mise en oeuvre de 1'adoption officielle du plan d'am6nagement 4. Divulgations de conflits d'int6rets 5. Questions soumises a Papprobation du conseil 5.1 Lettre de remerciement de Ncole interm6diaire Lorne au sujet du programme PAL (recommandation : accepter a titre informatif) 5.2 Conseil d'administration des arts de la communaut6 de Saint John: Discours sur 1'&tat des arts prononc& au conseil communal (recommandation : transmettre a la greffiere pour qu'une date de pr6sentation soit fix6e) 5.3 Evaluation des immobilisations corporelles des services d'experts- conseils — Demande de propositions ri 2011 092204P (recommandation figurant au rapport) 5.4 Fourniture et installation de mat6riel de terrains de jeux sur le chemin Glen (recommandation figurant au rapport) 5.5 Services d'inspection et de maintenance des portes se relevant au plafond — Demande de propositions ri 2011 085701P (recommandation figurant au rapport) 5.6 Services d'entretien de plomberie — Demande de propositions n° 2011 082201P (recommandation figurant au rapport) 5.7 Date propos6e de la tenue d'une audience publique relativement au 3795, chemin Loch Lomond et au 1210, chemin Loch Lomond (recommandation figurant au rapport) 7 5.8 Sondage men6 aupr&s des citoyens de The City of Saint John (recommandation figurant au rapport) 5.9 Contrat ri 2010 -26 relatif a la phase 1 du renouvellement de Nmissaire du terminal Rodney (recommandation figurant au rapport) 5.10 Eclairage de la rue Princess — De la rue Prince William a la rue Charlotte (recommandation figurant au rapport) 5.11 Projet relatif a la gestion de 1'information de Saint John (recommandation figurant au rapport) 5.12 Commissaire aux finances : Obtention de services bancaires (recommandation figurant au rapport) 5.13 Escalier de sortie du sous -sol de la caserne de pompier 8 (recommandation figurant au rapport) 5.14 Demande pr&sent6e par 1'alliance communautaire du chemin River visant a se pr6senter devant le conseil (recommandation : transmettre a la greffiere pour qu'une date de pr6sentation soit fix6e) 5.15 Acc6s rapide a la servitude du 170, rue Prince William aux fins de services municipaux — Ecole secondaire Saint John High School (recommandation figurant au rapport) 5.16 Lettre de Uptown Saint John: Ebauche du plan d'am6nagement municipal (recommandation : accepter a titre informatif) 5.17 La Comp6tition de Canada d'homme fort (recommandation figurant au rapport) 6. Commentaires pr6sent6s par les membres 7. Proclamation 7.1 Semaine du droit a l'information — Du 26 au 30 septembre 2011 7.2 Semaine de pr6vention des incendies — Du 9 au 15 octobre 2011 Journ6e de reconnaissance du service d'incendie — Le samedi 15 octobre 2011 8. Delegations et presentations 8.1 Bureau des commissaires de la police de Saint John: Crime Mapping.Com (point report6 lors de la r6union du 11 septembre 2011) 9. Audiences publiques 19h 9.1a) Projet de modification de 1'Arret6 concernant la fermeture et le barrage de routes — Trongon de la rue Water 9.2a, b) Projet de modification du plan d'am6nagement et de 1'Arr&6 de zonage visant le 109 -113, rue Prince Edward et le 27, rue Richmond 9.2c) Rapport du Comit6 consultatif d'urbanisme recommandant des modifications au plan d'am&nagement et au zonage conform6ment aux conditions impos6es par Particle 39 9.3a) Projet de modification de 1'Arret6 de zonage visant le 1, avenue Plaza 9.3b) Rapport du Comit6 consultatif d'urbanisme recommandant le rezonage 10. Etude des arretes municipaux 10.1 Troisi6me lecture du projet de modification de 1'Arr6t& de lotissement 11. Interventions des membres du conseil 11.1 Budget /Pensions /Options (conseiller Titus) 11.2 S6ances ordinaires du conseil communal (conseiller Sullivan) 0 11.3 Amelioration au parc de Quinton Heights — Occasion de presenter une demande a Heritage Canada (conseiller McGuire) 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.1 Directeur general : Demolition d'un bdtiment delabre et vacant situe aux 18- 20, rue Bryden — M/C 2011 -240 12.2 Commissaire aux finances : Fonds de pret communautaire de Saint John — Echeance des investissements 12.3 Directeur general : Service de gestion des dechets solides — Decision liee a la collecte 12.4 Directeur general : Lettre d'entente visant a modifier Paccord de fait conclu avec la section locale 18 du Syndicat canadien de la fonction publique 13. Rapports deposes par les comites 13.1 Commission sur le stationnement : Projet de revision du budget d'immobilisations de 2011 13.2 Comite consultatif d'urbanisme : Projet de lotissement au 1515, chemin Loch Lomond 13.3 Comite consultatif d'urbanisme : Projet de lotissement et de devolution au 555, promenade McAllister 14. Etude des sujets ecartes des questions soumises a Papprobation du conseil 15. Correspondance generale 16. Levee de la seance 9 COMMITTEE SYSTEM Proposed New Governance Model for The City of Saint John ',� Principles of Good Governance Legitimacy & Voice Direction Performance Accountability Fairness 11 Democratic/ Accessible & Representative Strategic Vision Reponsive/ Efficient Effective & Accountable / Transparent Equity /Rule of Law Common Purpose Clear Direction Clear Accountability Improved Decisions Citizen Participation Better Service Effective /Efficient 12 Potential Benefits and Pitfalls Potential Benefits ► Specialize ► Interests Citizen Input Public Opinion Speed Up Work Informal Atmosphere Participation of Staff Better Decisions Accountability Responsive / Transparent Potential Pitfalls ► Ignore Vision Duplication Effort Fragmented Outlook Buck Passing Neglect Community Interference in Operations Conflict .jurisdiction Time lines Design Pr[ndiples Embrace the principles of good governance Realize desired governance outcomes Focus Council on policy and setting strategic direction Achieve the Community's vision Realize the benefits, avoid the pitfalls 14 Model Features ► Anchored in achieving Community's Vision ► Focused - policy and strategic direction More active /involved roles for Councillors Enhanced public participation More effective decision - making process Improved effectiveness and efficiency in operations Improved accountability and transparency 15 Policy Focused System • Policy... a governing principle, plan or course of action that guides or influences future decisions • Council makes public policy decisions; others implement Policy Adopt budget / set tax rate Adopt visions /goals for community, set strategic direction Adopt policy allowing or prohibiting off - street parking Administration Propose budget, analyze alternatives, spend<limits Deliver services in support of Council's strategic direction Enforce terms policy of parking Political Organization ('0111nlittee of 4N11ole i_:0111111i111 4_:Ie1 k Growth Development 1': o 111111 itte e 4_.41111111i111 '_.411111cil Transportation .+ Environment Committee Urban Environment Committee `VA City Manager Treasurer Saint Jahn Water Committee Coordinating Committee Committee Composition ► Only members of Council appointed to SPCs ► Mayor is ex- officio member (no vote; no quorum) City Mgr has right to attend all SPC meetings Committee of Whole: All Members of Council Coordinating Committee: Mayor (Chair), Chairs of SPCs Standing Policy Committee: 5 Members of Council IRV Appointments Chairs appointed by Mayor Committee Members appointed by Council Vice Chair elected by Standing Committee Membership A member of Council can only chair one committee at any given time ► A member of Council cannot chair same Committee in consecutive rotations W:l Committee Rotations ► Chairs are rotated every two (2) years ► Membership is rotated every two (2) years Two (2) Members remain on the Committee with three (3) new Members added Rotation occurs midway through Mandate (June) Appointments according to established process Kill Standing Committee Mandates Standing committees make recommendations on policy within a specified mandate Broad mandates define the purpose and authority of each committee 21 Public Presentations ► Public presentations are made at Committee meetings ► The public does Council unless: not make presentations to Required by legislation (i.e.: public hearing) Recommended by a Committee and approved by Council Requests to make public presentations require a written submission to the Clerk 22 Termination ► Non - performance Personal Agenda Not calling Meetings Not representing views of Committee Not Attending Procedures Rare Occurrence 23 Decision-Making Process Members of Council Citizens Administration 2A Committees 64 Council �� ABCs Fundamental Change: Other Stakeholders Access to the Strategic Decision - Making Process is through Committees 24 Decision-Making Process Members of Council Citizens City Manager Common Clerk Common Clerk Council Treasurer City Solicitor ABCs Other Stakeholders Committees (COW & Standing Commiees) Standing Committees Committees 461 Administrative Inquiries ► Administrative Inquiry: written request from Committee Member for information /report related to policy Requests made through Committee to City Manager, City Treasurer, City Solicitor and /or Common Clerk CM, CS, CC,CT answers verbally, in writing or commits to written response Only SC can make inquiries of CM, CT,CS and /orCC No authority to make inquiries to CM,CS,CT,CC or employees by Chairs or Committee members 9101 Ad Hoc & Sub-Committees Ad hoc Created by Council to review and develop recommendations for special purposes Report to Council Sub - Committees Created by Standing Committees to review and help develop policy on matters that fall within the mandate Report to Standing Committees 27 Principles of Good Governance Legitimacy & Voice Direction Performance Accountability Fairness 91:3 Democratic/ Accessible & Representative Strategic Vision Reponsive/ Efficient Effective & Accountable / Transparent Equity /Rule of Law Agencies, Boards & Commissions ► ABCs deliver services on behalf of City ABCs contribute to policy development with recommendations and information City ABCs directly accountable to Council ABCs will report through one or more of the Standing Policy Committees (depending on SPC mandate) ABC mandate, authority, membership, service outputs defined in Terms of Reference Potential to eliminate some 29 Agencies, Boards & Commissions Required reporting to Council through one or more SPCs on: Activities and performance How activities contribute to Council's policy, strategic direction and priorities Budget allocations dependent - reporting, performance, outcomes and alignment with strategic direction Requires individual review to determine real need Councillors should be Governors not ABC members 9101 Current System: Meeting Type Approximate Time Commitment Total Time Commitment Committee of the Whole 2 hrs /meeting X 2 meetings /month 4 hours per month Council Meeting 4 hrs /meeting X 2 meetings /month 8 hours per month Committee of the Whole (reduced meeting time) 12 hours per month Does not factor in weekly meetings during budget time. Proposed System: Each committee meets once per month. Each councilor serves on 2 committees. Committees Approximate Time Commitment Total Time Commitment Each Committee 1.5 hrs /meeting X 2 meetings /month 3 hours per month Coordinating Committee (4 Chairs of SPC's) 1.5 hrs /meeting X 1 meeting /month 1.5 hours per month Committee of the Whole (reduced meeting time) 1 hr /meeting X 2 meetings /month 2 hours per month Council Meeting (reduced meeting time) 1.5 hrs /meeting X 2 meetings /month 3 hours per month 9.5 hours per month 31 Sample Meeting Schedule: June 2012 Sunday Monday Tuesday Wednesday Thursday Friday Saturday May 27 28 29 30 31 Jun 1 2 3 4 5 6 7 8 9 COW Closed G &D Meeting Council Meeting Titus / Farren / Higgins / Snook / McGuire 10 11 12 13 14 15 16 Coordinating UE Meeting Committee McGuire / Mott / (Chairs of SPC's) Snook / Sullivan / Norton 17 18 19 20 21 22 23 COW Closed T &E Meeting Council Meeting Norton / Higgins / Titus / Chase / Court 24 25 26 27 28 29 30 SJW Meeting Chase / Sullivan / Court / Mott / Farren SPC — Standing Policy Committee G &D — Growth & Development UE— Urban Environment T &E— Transportation & Environment 32 SJW — Saint John Water M &C 2011 -253 September 22, 2011 His Worship Mayor Ivan Court & Members of Common Council Your Worship and Members of Council, SUBJECT: Initiation of the Formal Adoption of the Municipal Plan BACKGROUND: Council leadership in P1anSJ S, iatV of &Mnc john In 2008, Common Council identified a comprehensive new Municipal Plan as one of its key priorities and a legacy for this Council. In setting its expectations for the Plan, Council asked that the Municipal Plan: • Provide significant opportunities for public engagement which reaches out to all stakeholders; • Be a leading edge plan, through the incorporation of best practices for urban policy and being a leader and an innovator; • Address considerations of climate change, peak oil and other environmental factors including the implication of development in floodplains; • Address considerations such as a broad range of community based issues including mixed use affordable housing, density, green space, culture and inclusion of individuals with special needs. Following 20 months of extensive community engagement involving thousands of Saint Johners, the P1anSJ team and Council's Citizen Advisory Committee have reached a crucial stage in the project; the delivery of the final Municipal Plan to Common Council. It is with great enthusiasm that the team is delivering to Common Council a bold, new vision for Saint John's future responding to Council's wish for a leading edge Municipal Plan. The Plan has received widespread community support and is truly a made in Saint John Plan. The completion of the Municipal Plan positions Council to initiate the formal adoption process as required under the New Brunswick Community Planning Act. This phase is required by the Province to officially enact the Municipal Plan as a bylaw of the City. 33 2 The PlanSJ project was designed to engage Council during important milestones in the development of the Municipal Plan. Since the project was launched in January of 2010, the team has provided fourteen project updates to Council. Some of the key decisions of Common Council include: • Approval of the consultant contract and related Municipal Plan Project Charter in November of 2009; • Appointment of the PlanSJ Citizens Advisory Committee in December of 2009; • Approval of an enhanced public engagement program including the PlanSJ Storefront, youth engagement and project videos; • Acceptance of the first three public engagement reports which reported on public feedback from the "Public Launch ", "Opportunities and Directions" and "Growth Strategy" phases of the project; • Participation in two council workshops held in June and September of 2010 to set the direction for PlanSJ; • Commission and receipt of the results of a fiscal impact study supporting the recommended Growth Strategy for PlanSJ on February 21 ", 2011. • Unanimous endorsement of the PlanSJ Growth Strategy on March 14, 2011; • Receipt of the draft Municipal Plan on June 13 2011, initiating a month long public review period on the Plan. With substantial completion of the Council- approved public engagement program, the Plan is now in Council's hands to carry out the required adoption process. Where we are in the PlanSJ process The completion of the Municipal Plan is the final deliverable for the PlanSJ process. The Municipal Plan is the City by -law which will set out policies governing future growth and change over the next 25 years. The PlanSJ project is on schedule to be completed by the end of 2011 / early 2012. PlanSJ Citizen Advisory Committee Key to the process to develop the Municipal Plan was the significant volunteer effort of the PlanSJ Citizen Advisory Committee (CAC), a thirteen member committee made up of ten Saint Johners, two members of Council and a member of the City's Planning Advisory Committee. The Committee members were champions for the Municipal Plan guiding the success of the extensive PlanSJ community engagement process. The Committee met regularly throughout the nearly two year process to develop the Municipal Plan. They are to be commended for pushing the envelope of this Municipal Plan towards a bold and innovative vision for the City's future. They acted as community ambassadors of the planning process, actively promoting public involvement and considering all of the inputs from the community and from the extensive research completed throughout the process. The PlanSJ CAC has fulfilled its mandate to Common Council, delivering a leading edge, "made in Saint John" Municipal Plan which leaves a strong legacy for the future. It is with the greatest respect that we acknowledge their tremendous commitment to this process. Council's package includes a report from the Plan SJ Citizen Advisory Committee indicating its endorsement of the Municipal Plan and recommending Council's initiation of the adoption process to enact the Municipal Plan as a City bylaw. The PlanSJ Staff Steering Committee 34 3 representing Departments across the organization has also endorsed the Municipal Plan and provided a very through technical review of the document. PURPOSE: The purpose of this report is three -fold: 1. Present the results of the recent public engagement (refer to attachment #1). 2. Seek Council's approval to initiate the legal adoption process for the final Municipal Plan (refer to attachment #2). 3. Update Council on the next steps in the P1anSJ process which is scheduled to be substantially completed by the end of 2011 /early 2012. ANALYSIS: 1. Highlights from the PlanSJ Public Engagement The fourth and final report on public engagement is attached to this report as a key input for the Municipal Plan (refer to Attachment # 1 of this report). It documents the time period between February and July 2011 during which two major public engagements were held to support the development of the Municipal Plan. A "Putting the Plan on Paper" workshop was held on April 14th to explore the policy directions for the Municipal Plan. An "Up for Review" Open House on June 14th presented the Draft Municipal Plan to our residents as a kickoff to a month long public review period on the Plan. All four of the public engagement reports are available on the project website at www.saintjohn.ca/plansi. Public outreach during P1anSJ has been unprecedented and employed many innovative techniques for community engagement including a Project Storefront, targeted youth engagement and a video series. Since the project was launched in January of 2010: Four city -wide mail -outs to all residents and businesses have invited participation in P1anSJ engagement events. • Over 575 people attended six major public engagement events including the January 27th Public Launch, June 10th Public Ideas and Opportunities Workshop at Harbourview High School, October 14th Choices event at Simonds High School, the December 8th New Direction Open House at UNBSJ Grand Hall, the April 14 "Putting the Plan on Paper" Public Workshop at Barnhill Memorial School on the West side and the June 15 "Up for Review" Public Open House at Saint John High School. • Over 1000 people visited the P1anSJ storefront and over 500 written comments were received throughout the P1anSJ process. • Three P1anSJ videos were produced featuring the voices of Saint Johners sharing perspectives on the City. • 70 Youth participated in 3 youth engagement workshops from all English high schools, Woodlawn Learning Centre, Samuel de Champlain, The Resource Centre for Youth and Teen Vibe from Crescent Valley. 35 51 • Targeted engagement with the development industry including two focus groups with representation from 30 -40 developers, major landowners and land development organizations and interviews with 30 or more participants from industry and presentations at key industry meetings including the Saint John Homebuilders Association, Saint John Real Estate Association, Saint John Industrial Parks, the Board of Trade, and Enterprise Saint John. • A meeting with adjacent municipalities and the Royal District Planning Commission to share the work completed as part of the P1anSJ process. • 70 stakeholder groups were interviewed. • Over 50 presentations were given to community groups. • 1200 hits to the P1anSJ website during the process. • 340 people have joined the P1anSJ contact list. • 26 Citizen Advisory Committee meetings were held and 14 Council updates including 2 Council workshops were conducted. The P1anSJ team wishes to recognize the commitment made by the thousands of community members who actively participated in PIanSJ, ensuring that this Plan captured the vision, hopes and passion citizens have for Saint John. Through the many community engagement opportunities, Saint Johners have voiced a collective desire for a more compact and sustainable community. This shared vision is focused on reinvesting and growing the urban core, promoting smart growth by using land more efficiently for development while strengthening the quality of Saint John's neighbourhoods and providing walkable and transit oriented communities. Well- managed growth in turn will promote Saint John's economic competitiveness and community well- being. Some of the key messages we heard during the development of the Municipal Plan are: • Stop urban and rural sprawl, smart cities grow up and not out. • Build a Saint John where new development and investment are focused in the urban core & priority neighbourhoods but high quality and appropriately dense suburban development is still facilitated in strategic locations. • Improve quality of life, focus on people not cars. • Develop more mixed use, walkable neighbourhoods. • Support a diverse economy, with industry in appropriate locations. • Preserve parks, green space and natural areas. Public response to the draft Plan was excellent with more than 70 written submissions received during the month long review period for the Plan. The public engagement report contains a detailed summary of input received during the public review of the Municipal Plan. The PlanSJ team and the Citizen's Advisory Committee carefully considered all of the input received. Many comments were already in the Plan or would be addressed as part of the development of future neighbourhood or strategic plans. Some required changes to further clarify policies, and others addressed site specific issues which upon closer examination warranted further changes to the text or mapping contained in the Plan. A summary of the response to all of the feedback received is appended to this report and forms part of the public record for the engagement process to develop the Municipal Plan. AiKport Submission On August 15`h Council received a presentation from the Saint John Airport Authority concerning P1anSJ. As this submission was received significantly past the July 15 deadline for 36 k public comments on the Municipal Plan, Council referred it to the PlanSJ team for review and recommendation. The PlanSJ Citizen Committee has on numerous occasions throughout the process considered various submissions made by the Airport. At Council's request the Committee met to review the recent submission from the Airport Authority. The Airport has requested the inclusion of wording in the Municipal Plan that would support their need to diversify their revenue stream. This would potentially lead to growth on airport lands of uses not directly related to air transportation that, ultimately, may need water and wastewater infrastructure from the City of Saint John in the future. The PlanSJ team including the CAC has debated issues related to the Airport growth on many occasions and they have twice considered potential policy revisions to the Plan. The Committee ultimately endorsed staff's recommendation to include a policy that would allow the Municipal Plan to be amended should an acceptable business case and land use plan be developed for non- air transportation related uses that aligns with PlanSJ and receives community and Council approval. Should Council agree, Policy LU -119 of the Plan would be amended to add the following language to offer stronger support for airport economic development: Consider amendments to the Municipal Plan should the Saint John Airport Authority provide a business case and supporting land use plan that is generally consistent with the vision and directions of PlanSJ and is acceptable to the Saint John community and Council. It is important to note that the Airport does not have an updated land use plan or a feasibility study that supports the introduction of non transportation related uses. Without a solid business case, it would not be prudent to accommodate the Airport's request for the Plan to support diversified development on its lands. The new wording proposed in this report would contemplate the submission of an application to permit such development by amendment to the Municipal Plan. Consideration of a plan amendment application triggers a staff report, public discussion and ultimately a Council decision on the specific development proposal. It should be noted that regardless of whether this policy is included in the Municipal Plan, the Airport just like any other property owner, can apply to the City for an amendment to the Municipal Plan at any time. The benefit to including this policy in the Municipal Plan is that it provides parameters and additional requirements regarding what is expected to be submitted as part of an application to amend the Municipal Plan. The CAC does not, however, favour the requested wording from the Airport that the City provide unconditional support for significant commercial and industrial expansion based on the overwhelming feedback from the community during PlanSJ to focus future community growth and development within the Primary Development Area. Over the longer term, the broader southwestern New Brunswick region needs to respond and support the Airport's viability, however this responsibility should not fall solely to the tax payer of the City of Saint John. The Committee has written its report to Council on the Plan which conveys its position on the Airport. Its recommendations are supported by staff and provide more supportive language related to future airport development, provided an updated land use plan is developed that aligns with directions for PlanSJ and is supported by the community and Council. This recommendation provides further support in assisting the airport in leveraging future funding opportunities, however, also recognizes that the long term financial sustainability of the Airport 37 cannot come at the expense of the City's fiscal position, or the development of a successful and sustainable community. 2. The Recommended Municipal Plan The Municipal Plan (as included in attachment 2) is a comprehensive guide for development and investment in the City of Saint John ensuring decisions by the City over the course of the 25 year planning period of the Municipal Plan are made in the long term best interests of the whole community. It represents a fundamental shift in the City of Saint John's future; one grounded in a more sustainable and compact pattern of growth for the City. It is a holistic plan which will shape how the City develops and delivers infrastructure and services to enrich the quality of life for its citizens. The City's new direction for growth and change, as described in the Municipal Plan, focuses on: • Increasing quality of life and the attractiveness of the City; • Targeting development to support a strengthened urban core and to encourage the development of more dense and sustainable suburban development in select locations to sustain the community's economic development; • Creating more complete neighbourhoods and communities; • Providing land use and investment certainty to residents and businesses; • Providing land for development based on current projections for population and job growth; • Planning in a holistic manner to consider economic, social, cultural and environmental sustainability. The Municipal Plan provides a sound basis for decision making over the next 25 years and will be reviewed regularly to ensure policies address the identified goals and outcomes. The Municipal Plan includes a vision, directions, goals and policies which support a preferred city structure and land use pattern that identifies priority areas for growth and change to capitalize on the City's unique assets and the municipal investments already made in infrastructure. The framework for future land use aims to use land more efficiently and gain the most benefit for the community from growth and development by: • Limiting urban and rural sprawl by directing the majority of growth within the Primary Development Area encompassing the urban and suburban core of the city; • Creating a hierarchy of development with the highest intensity of uses in the Primary Centres and the lowest intensity in the Rural Areas; • Directing the majority of new employment uses to Primary Centres and Employment Areas to promote economic prosperity; • Directing the majority of new housing to Primary, Local and Mixed Use Centres and Neighbourhood Intensification Areas; • Creating an integrated mix of land uses in Centres and appropriate parts of Neighbourhood Intensification Areas; KN 7 Recognizing the important role of urban design in city - building and establishing policies to foster high quality, attractive and functional development in the public and private realm; ■ Using Corridors to connect Employment Areas, Centres, Neighbourhood Intensification Areas, and Stable Areas. This Municipal Plan: ✓ Has been created based on the input from Saint Johners through the efforts of the largest public engagement exercise ever undertaken by the City; ✓ Is based on a compelling community -wide vision that supports a compact growth pattern within the Primary Development Area, to maximize the use of existing public infrastructure; ✓ Provides housing choice for residents and investors by focusing most of the future residential growth in six urban and four suburban neighbourhoods across the City; ✓ Supports and encourages economic diversification and greater investment in public transportation and active transportation infrastructure by focusing investment; ✓ Puts forward progressive environmental policies and challenges our community to embrace better design standards for development; and ✓ Takes a holistic approach to land use planning that is linked to investment and uses a progressive monitoring and review program to ensure accountability. The Plan reflects the significant research and public engagement which has been carried out over the course of the last 20 months. It is supported by four public engagement reports, many research reports including a Technical Background Report, population and employment forecasts, a fiscal impact study and a Growth Strategy which was endorsed by Council as a framework for the Municipal Plan. 3. Initiating the Adoption process — What it means Saint John's Municipal Plan establishes a compelling vision for where the City must grow over the next 25 years based on strong direction from the community and leading edge best practices. Staff is seeking Council's initiation of the formal process for Council to adopt the Plan. The community has clearly told us that they want this Plan. It is now in Council's hands to initiate the Plan adoption process. This process has legislative requirements relating to public notice for Council to convene a Public hearing on the Plan. Council may entertain further changes to the Plan during this process, Under the Act, however, substantial changes would require Council to host another public hearing before plan adoption. The final phase of P1anSJ; Council adoption of the Municipal Plan, is governed by the requirements of the Community Planning Act. Following Council initiation of the process there are a number of key dates for Common Council: • Council Public Presentation of the Plan is scheduled to occur on October 11, 2011. This commences the required 30 day period of "public objections" which will close on November 10, 2011. 39 0 On November 14, 2011 staff will bring forward recommendation for Council to set the public hearing date and refer the Municipal Plan to its Planning Advisory Committee for review and recommendation. • The public hearing is anticipated to be held on December 12th for Council to hear any submissions made by the public. • Staff is recommending that council give first and second reading and final adoption early in January after consideration of the submissions made by the public. Moving Forward — Putting the Plan into Action As the Municipal Plan moves to the final phases of adoption, the PlanSJ team is able to begin to scope out the implementation of the Municipal Plan. Key aspects of the implementation program for the Municipal Plan are: 1. a revised Zoning Bylaw and Subdivision Bylaw, 2. a program to deliver the future neighbourhood plans and strategic plans and 3. An investment strategy including capital budget priorities and a new suite of development incentives programs that help deliver the Plan. The revised Zoning Bylaw is a critical component of the regulatory framework for development; it will establish the standards for development which will implement the land use policies set out in the Municipal Plan, According to the Community Planning Act, Council has one year from the time of adopting a new Municipal Plan to bring its Zoning Bylaw into conformance with the Plan. To maintain the positive momentum of the plan, and to show concrete action from the planning process, staff plan to bring forward the workplan for the zoning bylaw and neighbourhood planning framework to Council in November for its endorsement, along with recommendations for a new suite of development incentive programs which align with PlanSJ. Future role of the PlanSJ CAC Under the Council approved terms of reference for the PlanSJ Citizen's Advisory Committee, the Committee's service will be concluded with completion of the PlanSJ project. This will effectively occur at third reading or adoption of the Plan which is targeted for January of 2012. Given their role as champions of the Plan and -the incredible knowledge they have gained throughout the process, it would be beneficial if this expertise could be retained and transferred to other citizen committees which will support delivery of the Municipal Plan. Going forward, the City's Planning Advisory Committee will play an important role in delivery of the Plan through its quasi-judicial role in considering planning applications. They could also play a key role in providing advice to Council on the recommended plan monitoring program along with the many other stakeholders who have contributed in this process. It is recommended that at least two members of the PlanSJ CAC be recruited to participate in the Planning Advisory Committee along with a member of Council as vacancies occur. Also other important City committees such as the City's Heritage Development Board and the Arts and Culture Board would also benefit from representation from those who have served on the PlanSJ Citizens Advisory Committee. FINANCIAL IMPLICATIONS: W 0 The Municipal Plan has been delivered within the budget and timelines previously approved by Council. Staff has created a cost centre specifically to track expenses related to the Municipal Plan to improve accountability and tracking of Municipal Plan costs over the course of the project. The costs for translation and public engagement were higher than anticipated, however, these were offset through efficiencies in other areas. Over the long term, the Municipal Plan will enable future cost avoidance through a more efficient development pattern and more strategic public investment reflecting the community values of Saint Johners. RECOMMENDATION: It is recommended that Common Council: 1. Receive and file the final PlanSJ public engagement report (attachment 1 of this report); 2. As recommended by the P1anSJ Citizen Advisory Committee, approve text changes to the draft Municipal Plan to respond positively and directly to the concerns raised by the Saint John Airport Authority to include more supportive language related to airport development as follows: Policy LU -119 shall be amended to add the following wording: ording: Consider amendments to the Municipal Plan should the Saint John Airport Authority provide a business case and supporting land use plan that is generally consistent with the vision and directions of PlanSJ and is acceptable to the Saint John community and Council 3. Receive the Municipal Plan in its final form (attachment 2 of this report) and initiate the adoption process as prescribed by the N.B. Community Planning Act; 4. Receive the reports from the P1anSJ Citizen Advisory Committee (attachment 3) and: a. acknowledge their significant contribution to the development of the Municipal Plan and b. Refer the names of those interested individuals who have served on the Plan SJ Citizens Advisory Committee to the Nominating Committee for consideration as potential appointees to the Planning Advisory Committee, the Heritage Development Board, the Arts and Culture Board and other appropriate City committees as vacancies occur so that the City of Saint John continues to benefit from the experience gained by these citizens in the Plan SJ process and to advocate for the ongoing implementation of the Municipal Plan. 41 Respectfully submitted, reon��Forrest, MCIP RPP Commissioner Planning and Development J. Patrick Woods, CGA City Manager JH:111 Attachments: is 1. Public engagement report #4 2. Final Municipal Plan 3. P1anSJ Citizen Advisory Committee reports 42 4r f. OUR MY-OUR FUTURE NOTREVILLE•NOTREAVENIR To: City of Saint John Common Council From: Chair, PlanSJ Citizen Advisory Committee (CAC) Date: September 22, 2011 Re: Final Municipal Plan for initiation of Council adoption After nearly two years of engagement efforts, the PlanSJ Citizen Advisory Committee has reached out and listened to thousands of Saint Johners through public workshops, open houses, focus groups with key stakeholders, and carefully considered hundreds of comments on every facet of the Plan's development. It is with great pride and excitement that we deliver a leading edge new Municipal Plan to Common Council. Charged with our role as community ambassadors to ensure a truly made in Saint John Plan, we have worked closely with staff and the City's consulting team and we have engaged our fellow citizen in meaningful discussions about our City's future. Citizens want a bold new direction for the future rooted in a more compact and sustainable Saint John. We heard that Saint Johners want to stop urban and rural sprawl and grow the City smarter. Our fellow citizens want to create a more liveable City with vibrant and complete neighbourhoods that offer a rich diversity of opportunities for people to live, work, play, and learn. We heard they want economic prosperity by supporting a diversified economy. We heard citizen's value the City's rich built and natural heritage. We heard they want more choices for getting around, making public transit and active transportation more viable. We heard they want greater housing choice for residents and investors by focusing most of the future residential growth in specifically identified urban and suburban neighbourhoods across the City to capitalize on investments already made in existing public infrastructure. We heard citizens want progressive environmental policies and to challenge our community to embrace better design standards for development. Most importantly citizens want this Plan and this future for Saint John to be put into action by continuing the strong legacy of planning and engagement at the neighbourhood level and through by carefully monitoring and reporting on the progress of the Plan. Developed by Saint Johners, for Saint Johners, this Plan responds to Council's wish for a leading edge Municipal Plan. It is an innovative Plan for growth broadly supported by the community by looking to the future and providing a policy framework that supports and builds on what is important to Saint Johners. Most importantly, it is a Plan that reflects the aspirations of Saint John's youth. The Municipal Plan is a forward- looking document. This Municipal Plan is really about the creating the best Saint John for our children and their families. We are very proud to deliver to Council this very visionary andholistic Municipal Plan, created through the innovative efforts of the PlanSJ team and supported by progressive practices in urban planning. CAC takes the view that this Plan captures the community's vision for the future of Saint John and strongly recommends Common Council move forward with the process to bring this Plan to life. CAC Recommendation: The PlanSJ Citizen Advisory Committee offers the following recommendation to Council: 1. Given that Common Council has charged the PlanSJ Citizen Advisory Committee (CAC) with bringing the community voice to the Municipal Plan; _p6ws 43 11 Page Where the Committee broadly represents the citizens of Saint John and has performed its role as a sounding board to bring forward a Municipal Plan which is broadly supported by the community; Given that the Committee has given careful consideration to all of the technical research, citizen feedback and expert opinion; Therefore, the PlanSJ CAC endorse the attached Municipal Plan as a leading edge Plan which proposes best practices in sustainable urban development and which reflects the values and wishes as expressed by the citizens of Saint John during the engagement process and recommends that Common Council receive the Municipal Plan in its final form and initiate the adoption process for the Plan. Sincerely, Anne McShane, Chair Citizen Advisory Committee .. 2 PagE P&7zs Ij OURCRY-OURRAURE N0TREVRIE•NOTREAVENR To: City of Saint John Common Council From: Chair, PlanSJ Citizen Advisory Committee (CAC) Date: September 22, 2011 Re: Response to August 15, 2011 PlanSJ Submission from the Saint John Airport Authority Following a presentation made by the Saint John Airport Authority at the August 1S, 2011 meeting of Council, the PlanSJ CAC was asked by Council and staff to consider the submission by the Airport requesting further changes to the Municipal Plan, although it was submitted significantly past the deadline for public feedback on the Plan. The Airport has requested the inclusion of more supportive language related to future airport development. In particular, the Airport seeks Plan language that would support commercial and industrial uses beyond the current air transportation related functions. The PlanSJ CAC has debated the issues surrounding airport development on numerous occasions. The CAC feels it would be irresponsible to give unconditional support to the Airport's request. Ultimately, an unconditional accommodation of the Airport's request to allow for non federal transportation uses on its property runs contrary to the fundamental direction of the Plan, which has widespread public support. Significant commercial and industrial development at the Airport could take away the energy needed to invigorate our urban and suburban growth areas identified in the Municipal Plan and increase pressure on the City to extend infrastructure to this area. Neither the Committee nor staff has received any analysis or studies which would support making such a significant change to the Plan. However, the PIanSJ Citizen Advisory Committee is also mindful of the Airport's need to secure further funding from external partners and does not wish the language in the Plan be a barrier to support the airport's viability. Therefore, the Committee is supportive of the inclusion of more supportive language for future airport development, provided it does not compromise the integrity of the Plan. The proposed wording the Committee has agreed to is contained in the staff report and acknowledges that the Plan is a living document and anticipates future changes to the Municipal Plan with the completion of an updated airport land use plan accompanied by a compelling and fiscally viable business case for airport expansion that aligns with the vision and directions of PlanSJ and is acceptable to the broader community and Council. The Committee strongly feels that over the longer term, the broader south western New Brunswick region needs to respond and support the Airport's viability and this responsibility should not fall solely to the tax payer of the City of Saint John. CAC Recommendation: The PlanSJ Citizen Advisory Committee offers the following recommendation to Council: 1. Consider text changes to the draft Municipal Plan to respond positively and directly to the concerns raised by the Saint John Airport Authority to include more supportive language related to airport development as proposed in the staff report to Common Council. Sincerely, Anne McShane, Chair Citizen Advisory Committee 45 vLlruvALV/ • . 0 o 7tirir. "t PIanSJ Adnntinn Prnresv ins r i t,rr� � � �S oux<m•oux torus rgmEVnu•HOiu �vwm Council priorities for PlanSJ: c Provide significant opportunities for community engagement; • Be a leading edge plan; • Tackle community based issues; • Deliver strong environmental leadership. Council has: • Dedicated resources to make it happen Championed the Plan at all stages The PlanSJ team has delivered a leading edge, made in Saint John Plan that creates a strong legacy for Council 47 P&WS & OUR CITY- OUR FUTURE NOTRE VILLE•NOTRE AVENI0. m Total Public Engagement by the Numbers Janu ary 2010 - J my 2011 ® Invitations Mailed for 1101200 PlanSJ Events . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . 32 4 people are PlanSJ G Facebookfans ............................................... ............................... presentations • have been given 53 a Number of Draft to community ; groups T 110 i people visited I the PlanSJ Storefront 1 205 Hits to the PlanSJ website r .016 V ......... ... /a1 people attended a Number of Draft UPlanSJ Launch and 2 Municipal Plan Copies Storefront Opening a Picked -up for Review Number of Number of Workshops and Developer and Open Houses i Landowner Hosted ': Focus Groups . . . . . . .. . . . . . . . . .. . . . . . . . .. ....... . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . ............ number of people at public workshops IV ..................... bookmarks handed out AAA 260 Attendance at �^ UDeveloper and Landowner Focus Groups • • • October 140 Attendance at �� Workshops and • December 11 0 Open Houses • • n �1 5 70 Attendance at Youth = / Groups Reached tota 12 V Workshops . . .. ................... 14 Commof� Council updates more than 1,205 hits to the PlanSJ web site written comments 61 1 6 received on PlanSJ people signed up for ? editions of 7O+ Stakeholder 26Citizen Advisory PlanSJ = / Groups Reached copies of "Insight" magazine Committee featuring PlanSJ were distributed newsletter '. through 40+ meetings Released interviews more than 1,205 hits to the PlanSJ web site written comments 61 1 6 received on PlanSJ . �F + xy . I - J� . j F 7 Flnal Engagement ^ Report.4 § r llpport anal •;.rte. a is moau:atwn people signed up for 3 40 the PlanSJ contact/ distribution list ............. 160,000 copies of "Insight" magazine featuring PlanSJ were distributed . �F + xy . I - J� . j F 7 Flnal Engagement ^ Report.4 § r llpport anal •;.rte. a is moau:atwn Like emphasis on quality of life Uptown & UNBSJ Hospital Primary Centres serve different purposes and should complement each other rather than compete Ensure space is available for industrial sector to expand 9 Need incentives & flexible urban design criteria to support development City should take a more active role in environmental protection �olid support for the Plan J Need balanced transportation options more efficient transit serving intensification area 50 Address site specific development requests r Maintain diversity of housing Significant investment will be needed to make the plan a reality r Unified port /airport and city planning Support local food Many changes were made to respond to public feedback ✓Executive Summary added ✓Stronger environmental policy ✓More support for UNBSJ ✓Policy to address large scale industry ✓Expanded glossary ✓Improved social & economic metrics ✓Site specific land use map changes More will be addressed in the future as part of Zoning Bylaw, Neighbourhood & Strategic Plans 51 -"I#, a� P&WS & OUR CITY- OUR FUTURE NOTRE VILLE•NOTRE AVENI0. 52 Shaping the best future for the City Celebrating Saint John's many waterfronts The strong heart of the Greater Saint John Region Healthy, unique and inclusive neighbourhoods A progressive, robust and prosperous economy Protecting the natural environment and ecosystems Growing the City smarter with complete & compact communities An enviable quality of life, choice and experience A strong plan for action and making change M r t 1•• i . 'ti•- I'' 1 ^ i� - ifs 4 / 1 I 54 Existing Municipal Plan Out -dated Unclear Vision Lack of focus Permits sprawl Land use emphasis Weak on environment Focus on Infrastructure expansion Traditional employment base Car - oriented Regulatory plan Infrequent plan monitoring Lack of accountability 6 *1 Plan SJ State of the Art Compelling community wide vision Urban neighbourhood enrichment Compact complete communities Integrated land use & urban design Progressive environmental policies Leverages existing infrastructure Economic diversification Balanced transportation Holistic plan linked to investment Progressive monitoring and review Clear accountability • Provides an adequate supply of land for housing • Targets growth in areas which benefit most and promotes efficient community form at densities that support transit • Promotes complete communities where people can live, work, play & learn • Increases housing choice quality & affordability in all areas of the City • Provides incentives to encourage residential development in Neighbourhood Intensification Areas 57 I 00 0 Mr i r -• -' . dL • Invests in priority neighbourhoods • Increases quality of parks & community amenities • Invests in streetscaping of major gateways, corridors and parks • Reinforces sense of place in neighbourhoods, continues strong legacy of heritage conservation • Promotes excellence in design of new buildings and public spaces EMINEM- I. • Supports diversification of economy • Maintains Uptown as centre for major office, retail & finance • Strengthens Tucker Park campus • Supports retail east and west • Encourages clustering of related industries in industrial parks, responds to unanticipated industrial growth Improves predictability for development We i 59 • Maximizes use of existing infrastructure • Promotes a fiscally responsible development pattern that enables more efficient delivery of services • Supports new infrastructure to deliver the Plan ,t 60 • Implements the Sustainability Plan • Reduces air pollution • Protects water resources & floodplains, manages storm water, plans for climate change • Connects natural systems & open space • Leads in energy efficiency & waste management • Encourages local food production GREATER S"'TJONh Comm�uniity �� Garden +� SHARII� AL • Supports transportation choice • Encourages active transportation, implement Bikeways Plan • Focuses transit service in Intensification Areas • Connected hierarchy of streets • Improve accessibility for all users • Ensures parking is managed to promote transit and urban development • Support growth at the Airport and Port as vital components of the national transportation network MO r � • Delivers a holistic Plan to drive City decision making • Supports an integrated investment strategy with capital budget priorities and service based plans • Encourages sustainable and innovative development • Provides accountability through a monitoring program with: metrics, annual report card, 5 -year review • Creates a framework for Neighbourhood Plans to continue strong culture of planning & community engagement M0 1 Zoning & Sub- division Bylaws Neighbour Strategic Investment hood Plans Plans Strategy P&WS & OUR CITY- OUR FUTURE NOTRE VILLE•NOTRE AVENI0. m Ab Fall & Winter 2011/12 • Public Presentation of the Final Municipal Plan (October 11, 2011) • Council sets the public hearing date & refers to PAC (November 14) • PAC Review (early December) • Public Hearing on the Final Municipal Plan (mid December) • 1St & 2nd Reading / 3rd Reading & Adoption (January, 2012) • Prepare detailed plans to implement the Municipal Plan Winter /Hiver Spring/Printemps Summer /Le Fall /Automne & Winter /Hiver 2010 2010 2010 2010/2011 2011 Public Defining Issues Settingthe Confirmed Plan Draft Final Launch & Opportunities Direction for Growth and Municipal Municipal Youth Engagement Change Plan Plan Lancement Definition des enjeux Determination Confirmation du Ebauche du plan Version definitive public et des 1— rsr,n0iv— de ('orientation plan de croissance d'amenagement du plan municipal public du projet participation desjeunes et de changement Stakeholder Interviews, Opportunities + Community Open House, Focus Group Sessions, Public Hearing Public Project Launch Directions Workshop, Youth Engagement Community Open House of Objections Youth Engagement Entrevues avec les Ateliersur les possibilites Joumde portes ouvertes Seances de groupe de Audience publique des intervenants. Lancement et les orientations, pour la collectivite, discussion, journee oppositions public du projet participation desjeunes participation desjeunes portes ouvertes pour Is collectivite Ongoing public engagement activities include the Plan SJ storefront, ne— AeVers, Facebook, Twitter, video and Citizen Advisory Commi e. L engagement public continu inclut le local du projet PlanSJ, Facebook, Twitter, l ite consultatif de citoyens, une video et des bulletins d* rmatien In the fall, Staff will bring forward a work plan for the next stages of PlanSJ: • Project Charter for new Zoning Bylaw & Subdivision Bylaw • Program to deliver required Neighbourhood Plans & Strategic Plans • Investment strategy (2012 budget) including capital budget priorities & re- tooled development incentives Recommendations address how CAC members can contribute to the implementation of the Plan L , L 61 :ter 1. Receive and file the final PlanSJ public engagement report; 2. Approve text changes to the Plan in response to the Airport Authority to add more supportive language related to airport development; 3. Receive the Municipal Plan and initiate the Council adoption process; 4. Receive the report from the PlanSJ Citizen Advisory Committee; a. acknowledge their contribution to the Plan; and b. refer names of interested individuals to the Nominating Committee for appointment to other committees to support the implementation of the Plan. mo • It is a bold & innovative Plan and a strong legacy for Council • We need to work together to create a stronger Saint John • Council needs to stand behind the Plan & do what's best for the whole community • This is a Plan for the next generation 1:x:3 in io n.ca alansi P&Wsl O.C- .-., -. LOF r d e L ORNE MIDDLE SCHOOL 90 Newman Street Saint John, NB E2K 1M1 http: / /lomems.nbed.nb.ca/ Phone: 506-658-5351 Fax: 506-658-3779 Mr. G. Norton, Principal September 16, 2011 Mayor and Council of the City of Saint John c/o Common Clerk's Office, City Hall P.O. Box 1971 Saint John, NB E2L 4L1 Attn: Mayor and Council of the City of Saint John Re: City of Saint John PALS at Lorne Middle School Mayor and Council: The mission of Lorne Middle School is to "discover, respect and achieve the potential of ourselves, others and our community ". Seeing our mission mature, is in great part, a result of the commitment the City of Saint John has made to our community school as a PALS (Partners Assisting Local Schools) Partner. Lorne Middle School has realized significant gains as a result of the partnership with the City of Saint John. Although the City of Saint John has generously given of their resources to help support school activities, both extracurricular and co- curricular in nature, it is the human relationships from dedicated volunteers that make the greatest impact. The tireless effort of city employees who volunteer at breakfast programs, school -wide BBQ's, student mentoring, Christmas dinner celebrations, Soap Box Derby and many more school initiatives too extensive to list, is to be celebrated. On behalf of the students, parents /guardians, staff and Old North End community I want to extend my sincere thanks for the investment you have made and continue to make in the lives of our youth. I can confidently say that your commitment to Lorne Middle School is generating positive results that can be witnessed in the classroom and beyond. Yours in Education, -Greg Norton Principal Lorne Middle School "Discovering, respecting, and achieving the potential of ourselves, others, and our community." 70 Saint John Community ARTS B O A R D September 21, 2011 Mayor Ivan Court C O N S E f L and Members of the Common Council UADMINISTRATION c/o Common Clerk City of Saint John ' P.O. Box 1971 de la communaute Saint John, NB E2L 41-1 de Saint John Your Worship and Councillors- Chair / President David Adams Saint John String Quartet Your Saint John Community Arts Board hereby requests the opportunity to attend the regular meeting of Common Council scheduled for Tuesday, Immediate Past Chair October 11, 2011, the purpose of which is to provide Your Worship and Michael D. Wennberg Councillors with an update on the activities of the Board and its plans for Vice - Chair/ Vice- president 2012. Dr. Li-Hong Xu Physics Dept., UNB Saint John The Terms of Reference for your Board requires us to provide you with an 2nd Vice- Chair/ Vice- president annual report of our activities and deliberations. Stephen Carson CEO, Enterprise Saint John Inc. We are confident that Council will be equally proud and impressed with our Secretary / Secretaire efforts to develop and sustain the arts and culture sector of our city for both Bernard J. Cormier the residents and the visitors. Cultural Affairs Officer, City Hall Anne Bardou We look forward to receiving confirmation regarding our appearance before Parks Canada Council on Tuesday, October 11, 2011, and presenting a State of the Arts Michele C. Brideau address to Common Council. Michele C. Brideau Consulting Ltd. Signe Gurholt Yours truly, Instructor, NBCC - Saint John Patty Higgins Councillor, City of Saint John John Rocca / Ellerdale Investments Ltd. David Adams Stephen Tobias Chairman Saint John Theatre Company Kate Wilcott InterAction Children's Theatre Co. Address P.O. Box/ C. P. 1971 Saint John, NB / N -B E2L 41_1 (506) 649 -6040 Fax (506) 658 -2802 sjcab @saintjohn.ca Logo based on City Hall sculpture "Progression' by Claude Roussel, CM, ONB, RCA 71 REPORT TO COMMON COUNCIL M & C — 2011 -252 23 September 2011 = His Worship Ivan Court City of Saint John and Members of Common Council Your Worship and Councillors: SUBJECT: Consulting Services: Tangible Capital Assets Valuation RFP No. 2011- 092204P BACKGROUND: The Public Sector Accounting Board (PSAB) standards are a requirement of the CICA and have been imposed on municipalities by the Province of New Brunswick to become PSAB compliant for January 1, 2012, with 2011 comparables. These accounting rules are the biggest accounting changes for Municipalities in over 100 years. As part of these standards, PS3150 deals with tangible capital assets which details the guidelines the City of Saint John must follow. These standards will: • provide a more complete picture of a municipality's financial position, including accounting for tangible capital assets; • outline the effect of funding decisions on municipal assets including identifying when assets need to be replaced and ensuring funding is in place when required; • assess the ability to maintain existing service levels, which requires information about the stock, use and condition of its infrastructure; • enable the City to understand the infrastructure demands including ongoing maintenance and replacement of the infrastructure; and • address the need to be PSAB compliant to get Federal and Provincial Funding. A cross organizational team has been established to deal with tangible capital assets. This team is not just a PSAB Project team to bring in the tangible capital asset (TCA) standards, but is an asset management team that will set standards, policies and processes for the assets of the organization. The team is working towards meeting one of the goals identified in the City of Saint John Corporate Strategic Plan, Infrastructure Management, "Sustainable lifecycle management of municipal infrastructure and corporate assets ". A commitment to Infrastructure Management is to "establish a corporate inventory of City assets, identifying the type of asset, ownership, financial value, applicable standards, and condition assessment" as well as a number of other commitments in regards to our infrastructure. 72 Page Two BACKGROUND CONT'D: The team is completing the initial phase of the project: to identify and document an inventory of all assets from 2010 and before; to identify the type of asset, ownership, financial value, applicable standards, and condition assessment; to identify the proper accounting value of these assets; and to finalize the policies and processes used in collecting this information. The team is in the process of starting the next phase which involves data collection of the 2011 asset purchases, developing a policy and process to assist in collecting future corporate asset management information and updating processes and information to ensure the City continues to meets the needs of the organization and PSAB when it comes to the information on tangible corporate assets of the organization. The Finance Department will also be working on incorporating this information and other accounting changes to ensure the financial statements are prepared to meet the PSAB Standards. All this information will be used in meetings with Agencies, Boards and Commissions to provide them some assistance for PSAB (TCA, Accounting Changes, Consolidated Statements, and Statement Presentation & Disclosure). To complete this TCA phase, the team requires the services of a qualified consultant to assist in the validation of work completed to date (review of our process, policy and documentation), valuation of the more difficult assets and an evaluation overall. With a limited amount of time and few experienced consultants, staff chose to invite proposals from three qualified consulting firms. ANALYSIS: The RFP closed on September 8, 2011. Two compliant proposals were received while one incomplete proposal was received and subsequently rejected as their bid was found to be incomplete. The two compliant proposals received were submitted by: Dillon Consulting Saint John, NB R.V. Anderson Associates Limited Fredericton, NB 73 Page Three ANALYSIS: A proposal evaluation committee, consisting of representatives from Materials Management, Saint John Water, and Finance reviewed each submission against standard evaluation criteria including: Record of Related Performance Expertise and qualifications of Consultant Team Understanding of Project Goals Proposed Project Outline and Methodology Value Added Services Cost Upon completion of the technical proposal reviews, the evaluation committee unanimously ranked the proposal from R.V. Anderson Associated Limited as the highest, as it fully encompassed the proposed scope of work and technical requirements. R. V. Anderson in partnership with TCA Consulting Limited brings a high level of expertise to the project. Though not the lowest - priced bid, R. V. Anderson's proposal included a 30% higher number of man -hours which encompassed all the City's requirements. Therefore, the evaluation committee unanimously believes this proposal represents the best overall value to the City of Saint John. FINANCIAL CONSIDERATIONS: The total cost for consulting services, if awarded as recommended, will be $64,200.00 plus tax. The PSAB project is a planned expenditure and funds have been allocated in the 2011 Finance Department budget. RECOMMENDATION: It is recommended that the proposal submitted by R. V. Anderson Associates Limited to assist in the validation and valuation of the City's Tangible Capital Assets to comply with Public Sector Accounting Board standards, at a cost of $64,200.00 plus tax, be accepted. Respectfully submitted, 1. 0— David J. Logan Purchasing Agent Patrick Woods City Manager 74 REPORT TO COMMON COUNCIL law M &C2011 -251^ September 22, 2011 Ciry of Saint John His Worship Mayor Ivan Court & Members of Common Council Your Worship and Members of Council, SUBJECT: Supply and Installation of Playground Equipment — Glen Road Playground BACKGROUND In response to community interest and the Leisure Services Department's commitment to health and wellness, the City has agreed to provide a playground on the Glen Road in the Glen Falls area of Saint John. The playground will be installed on the open plot of land located by 181 Glen Road. ANALYSIS A tender for the supply and installation of the Glen Road playground was issued on September 14, 2011. This tender requires bidders to provide all necessary labour, materials and equipment required for the: Preparation of ground surface including supply of peastone Supply of two play structures per design Installation of two play structures per design Tenders closed with the following results: Contractor Bid Price (all taxes extra) 1. Play Power LT Canada $40,468.03 2. Fundy Fencing Ltd. $53,224.00 The budget for the work was $60,000 (all taxes extra). 75 M &C2011 -251 PAGE TWO ° ANALYSIS .... CONT'D city of saint John The tenders were reviewed by staff of Materials Management and Leisure Services and were found to be formal in all respects. Staff believes that the low tenderer has the necessary resources and expertise to perform the work, and recommend acceptance of their tender. FINANCIAL IMPLICATIONS This is a planned expenditure for which funds have been allocated in the City of Saint John's Leisure Services Department's 2011 Capital Budget. The total cost of the project if awarded as recommended will be $40,468 plus taxes. RECOMMENDATION It is recommended Tender No. 2011-783001T for the Supply and Installation of Playground Equipment — Glen Road Playground be awarded to the low bidder, Play Power LT Canada, at the tax - excluded tendered price of $40,468.00. Respectfully submitted, cy-g- David Logan Purchasing Agent Patrick Woods City Manager 76 REPORT TO COMMON COUNCIL M & C-247 23 September 2011 His Worship Ivan Court and Members of Common Council Your Worship and Councillors: City of Saint John SUBJECT: Overhead Door Inspection and Maintenance Services (RFP No. 2011- 085701P) BACKGROUND: The City of Saint John routinely establishes a contract with qualified vendors for the provision of overhead door inspection and maintenance services. All applicable City -owned buildings and facilities fall under the scope of this agreement. The current contract is due to expire and in anticipation of the expiration of the current contract, an RFP was issued on July 13, 2011 to solicit proposals from the marketplace for suitable service- providers. ANALYSIS: The intent of the call for proposals was to establish an initial three (3) year contract with the option, upon mutual agreement with the vendor and no significant changes in scope or cost, of two (2) additional one (1) year extensions. Four (4) vendors chose to respond by submitting proposals as follows: Rollin Saint John, NB Iller Door Systems Ltd. Truro, NS Atlantic Windoor Ltd. Saint John, NB Wayside Four Seasons Dieppe, NB A proposal evaluation committee, consisting of representatives from Building and Facilities Management and Materials Management reviewed the submissions against the following evaluation criteria: Quality and completeness of submission Sample reports Company qualifications and relevant experience Scope of services Cost 77 M &C -247 PAGE 2 ANALYSIS .... CONT'D: In accordance with the City's policies and procedures, assessments of the technical and financial aspects of the submissions were undertaken by the evaluation team members. Upon completion of the technical and financial proposal reviews, the evaluation committee unanimously ranked the proposal from Atlantic Windoor Ltd. as the best, as it fully encompassed the proposed Scope of Work and was also the lowest -cost proposal. FINANCIAL CONSIDERATIONS: Based on historical values and the unit prices submitted, the estimated cost to the City of Saint John, before tax, to establish a three (3) year contract with Atlantic Windoor Ltd. for the provision of overhead door inspection and maintenance services if awarded as recommended will be $24,084.33 per year. This is a recurring expenditure for which funds are provided through various operating budgets. RECOMMENDATION: It is recommended that the proposal for the establishment of a contract with an initial term of 3 years for the provision of overhead door inspection and maintenance services as submitted by Atlantic Windoor Ltd. be accepted, and further that the option for two (2) additional one (1) year extension periods, at the sole discretion of the City and upon mutual agreement with the vendor, be included. In addition, it is recommended 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 00 - 720 R-11 MIN ME REPORT TO COMMON COUNCIL M & C-248 23 September 2011 His Worship Ivan Court and Members of Common Council Your Worship and Councillors: City of Saint John SUBJECT: Plumbing Maintenance Services (RFP No. 2011 - 082201 P) BACKGROUND: The City of Saint John routinely establishes a contract with qualified vendors for the provision of plumbing maintenance services. All applicable City -owned buildings and facilities fall under the scope of this agreement. The current contract is due to expire and in anticipation of the expiration of the current contract, an RFP was issued on June 13, 2011 to solicit proposals from the marketplace for suitable service- providers. ANALYSIS: The intent of the call for proposals was to establish an initial three (3) year contract with the option, upon mutual agreement with the vendor and no significant changes in scope or cost, of two (2) additional one (1) year extensions. Four (4) vendors chose to respond by submitting proposals as follows: Plumbers R Us (Mark Campbell) Saint John, NB Campbell's Plumbing Saint John, NB George Freeze Plumbing & Heating Ltd. Saint John, NB B & R Commercial Plumbing & Heating Saint John, NB A proposal evaluation committee, consisting of representatives from Building and Facilities Management and Materials Management reviewed the submissions against the following evaluation criteria: Quality and completeness of submission Company qualifications and relevant experience Scope of services Cost 79 M &C -248 PAGE 2 �> ANALYSIS .... CONT'D: City of Saint John In accordance with the City's policies and procedures, assessments of the technical and financial aspects of the submissions were undertaken by the evaluation team members. Upon completion of the technical and financial proposal reviews, the evaluation committee unanimously ranked the proposal from Plumbers R Us as the best, as it fully encompassed the proposed Scope of Work and was also the lowest -cost proposal. FINANCIAL CONSIDERATIONS: Based on historical values and the unit prices submitted, the estimated cost to the City of Saint John, before tax, to establish a three (3) year contract with Plumbers R Us for the provision of plumbing maintenance services if awarded as recommended will be $84,920 per year. This is a recurring expenditure for which funds are provided through various operating budgets. RECOMMENDATION: It is recommended that the proposal for the establishment of a contract with an initial term of 3 years for the provision of plumbing maintenance services as submitted by Plumbers R Us be accepted, and further that the option for two (2) additional one (1) year extension periods, at the sole discretion of the City and upon mutual agreement with the vendor, be included. In addition, it is recommended 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 W REPORT TO COMMON CQU T� 11, , M & C-2011 — 241 September 20, 2011 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Proposed Public Hearing Date 3795 Loch Lomond Road and 1210 Loch Lomond Road 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. a City of Saint John Name of Location Existing Proposed Reason Applicant Zone Zone Dan Estee 3795 Loch Lomond "RS -1" "RR" To permit a rural Road residential sub- division Dianna Pegg 1210 Loch Lomond `B -2" Section 39 To permit a Road Amendment restaurant RECOMMENDATION: That Common Council schedule the public hearings for the rezoning and Section 39 amendment applications of Dan Estey (3795 Loch Lomond Road) and Dianna Pegg (1210 Loch Lomond Road) for Monday, October 24, 2011 M & C — 2011 — 241 • 2 - September 20, 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 �.J REPORT TO COMMON COUNCIL, M & C 2011 -243 September 22, 2011 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Common Council: SUBJECT: City of Saint John Citizen Survey (Proposal 2009- 092203P) ""I Q.1- 011A :f1 7 The City of Saint John The purpose of this report is to recommend Ipsos Reid be contracted to conduct the 2011 Citizen Survey that will help the City meet its accountability objectives. BACKGROUND AND ANALYSIS The City of Saint John has made a commitment to demonstrating accountability for decisions made and results achieved with respect to the services it delivers to the public. In support of this commitment, Common Council has adopted an accountability framework that will guide the City in being more accountable for service delivery. Within the accountability framework, citizen satisfaction surveys were identified as an excellent tool to obtain feedback from the public on how effective service delivery is in meeting the needs of the public. In October of 2009, the City of Saint John engaged Ipsos Reid to design and conduct three annual citizen surveys to understand the needs and concerns of its residents and to support its desire to continuously improve service delivery. The survey was designed to meet the following objectives. • Assess satisfaction with the current level of City of Saint John services in support of its accountability framework and related performance measures. • Assess the community's needs and identify priorities that Common Council should address to improve municipal services and help the community achieve its vision of leading the nation as an example of a sustainable community. Assess progress the community is making towards achieving its sustainability objectives (where appropriate). W M &C 2011 -243 City of Saint John Survey (Proposal 2009- 092203P) Page 2 Citizen survey results in 2009 and 2010 have provided a baseline understanding of the current status of citizen satisfaction with City services and have been guiding efforts to improve service delivery in the future. As outlined in the proposal call, it is the City's intention to administer the survey annually to determine trends in the public's satisfaction with service delivery. The goal is to have Ipsos Reid conduct the third and final survey (related to this proposal call) on the City's behalf in 2011. Many of questions included in the survey instrument act as key performance indicators for a number of the services the City delivers. It is important to continue to measure citizen satisfaction as a key input into developing continuous improvement strategies for service delivery as outlined in the City's accountability framework. An important objective for the 2011 survey is to use this opportunity to engage the public on further development of a customer service solution for the City of Saint John. Development of a customer service policy and service standards should be informed with public input. While the survey instrument currently addresses some of the requirements for quality customer service (timely, courteous, knowledgeable), the 2011 survey will allow the City to gain further insight on citizen expectations with respect to what they feel is good customer service. FINANCIAL IMPLICATIONS Ipsos Reid has provided the City with a statement of work and a cost estimate for the 2011 citizen survey. With minimal changes to the 2009 and 2010 survey instruments, the costs will remain the same. The proposed cost of work to conduct the third citizen survey (of three) is $39,550 including HST. Funds have been allocated in the 2011 operating budget to carry out this work. RECOMMENDATION It is recommended that work related to carrying out the City's 2011 annual citizen survey as outlined in the proposal call 2009- 092203P City of Saint John Citizen Survey be awarded to Ipsos Reid in the amount of $39,550 (HST included) to support the City's on -going effort to measure performance and engage the public to enhance customer service to our citizens. Respectfully submitted, Stephanie Rackley- Roach, PEng. Manager, Corporate Planning ?trickWoods, J. CGA City Manager REPORT TO COMMON COUNCIL M &C2011 -246 September 21, 2011 His Worship Mayor Ivan Court & Members of Common Council Your Worship and Members of Council, SUBJECT: Contract No. 2010 -26: Rodney Terminal Outfall Renewal — Phase 1 BACKGROUND 71n The City of Saint john Funding was approved in the 2011 General Fund Capital Program for the removal of approximately 180m of existing 1800mm by 1200mm timber sewer (through Rodney Terminal between Market Place and the Saint John Harbour) and replacement with 2100mm diameter concrete sewer, as well as a renewal of a section of corrugated steel pipe at the outfall to the Saint John Harbour. This project was awarded to Galbraith Construction Ltd. on July 4, 2011 and is currently being constructed. ANALYSIS In order for Galbraith Construction Ltd. to renew the existing timber sewer under the railway tracks that are located within the limits of this project, the tracks must be temporarily removed and then reinstalled when the work is completed. NB Southern Railway (the owner of the rail tracks) will be coordinating and performing the work on the tracks. NBSR provided an estimate to complete the removal and reinstallation of the affected tracks during the design phase of this project. FINANCIAL IMPLICATIONS The cost to remove and reinstall the affected rail lines is estimated by NB Southern Railway to be $176,325.17 including HST. This amount was included in the budget analysis completed at the time of tender award for the project. W M &C 2011 — 246 September 21, 2011 Page 2 RECOMMENDATION It is recommended that Common Council authorize Purchasing and Materials Management to issue a Purchase Order to NB Southern Railway in the amount of $176,325.17 to proceed with the work as outlined in this report. Respectfully submitted, J. M. Paul Groody, P.Eng. Commissioner Municipal Operations & Engineering J. Patrick Woods, CGA City Manager 0 REPORT TO COMMON COUNCIL M &C2011 -244 September 21, 2011 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council: 71r � I The City of Saint john SUBJECT: Princess Street (Prince William Street to Charlotte Street) — Street Lighting BACKGROUND As Council is aware, funding was approved in the 2008 Water & Sewerage Utility Fund and General Fund Capital Program for the design and reconstruction of Princess Street from Prince William Street to Charlotte Street. Supplemental funding for the project was also approved as part of the 2009 General Fund Capital Program. An amount of $319,902 was carried forward to 2011 from 2010 to cover remaining expenditures under the General Fund for this project. The work completed on the project includes a new watermain, sanitary sewer, storm sewer, and full street reconstruction including excavation and backfill with new granular materials, new concrete curb and sidewalk, clay brick paver medians, new underground electrical and communication utilities, landscaping and asphalt paving. ANALYSIS Saint John Energy is the primary utility that supplies and installs the wiring and related equipment necessary to convert the above ground utilities to underground. Saint John Energy provided the necessary design, management and administration of the conversion of the utility from above ground to underground, including the supply and installation of new aluminum street light poles. Saint John Energy has provided an invoice for the supply and installation of the new street lights for this project. FINANCIAL IMPLICATIONS The cost to supply and install the new street lights for the project is $75,908.68, including HST. In a November 24, 2008 letter to the Board of Commissioners of The Power Commission of the City of Saint John, the City agreed to pay for the costs associated with the installation of the new street lighting. There is sufficient funding available in the 2011 General Fund Capital Program carryover budget for this project to cover this invoice. M M &C2011 -244 September 21, 2011 Page 2 RECOMMENDATION It is recommended that Common Council authorize Purchasing and Materials Management to issue a Purchase Order to Saint John Energy in the amount of $75,908.68 for the costs associated with the supply and installation of the new street lights on Princess Street from Prince William Street to Charlotte Street. Respectfully submitted, J. M. Paul Groody, P. Eng. Commissioner Municipal Operations & Engineering J. Patrick Woods, CGA City Manager September 26, 2011 His Worship Mayor Court, Deputy Mayor Chase and Councillors Subject: Saint John Information Management Project (SJIM) Your Worship, Deputy and Councillors, Background: At the July 4, 2011 meeting Council considered an update report on gaps in the records /information management in City Departments as well as an explanation of the Clerk's office plan to build an enterprise content management system supported by Information Technology. This project is listed as a priority on the City's list of initiatives to comply with legislation (see attached summary). Four phases of the project, research and discovery, proof of concept, pilot and implementation, will address key gaps identified. Also contained in the previously submitted report was a proof of concept implementation plan presented by LNW Consulting. The research and discovery phase has been completed and we are presently working in the proof of concept phase. Analysis: Electronic information management systems are not new concepts, however a system using the City's current SharePoint technology is relatively new. After researching the expertise available to assist in the implementation of this system to meet the City's needs, we have determined that LNW Consulting has unique expertise, experience and contacts with Microsoft specifically related to using SharePoint and information management. We have also identified the need for professional /technical assistance with flexibility to meet the needs of the project and be able to work on a part time basis to reduce costs. We have been able to initiate an agreement with Ms. Stephanie Woods to provide such specific service. The time frame for completion of this project is approximately three years, requiring professional consulting, infrastructure and implementation services for a total of $210,000. Financial Impact: This is a planned expenditure for which funds have been allocated in the Clerk and Information Technology Operating and Capital Budgets. The total cost of the project is $210,000. SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 I vwvw.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E21- 4L1 --------- Input from Others: The City Manager concurs with the recommendation in this report. Recommendation: That Council approve consulting services with LNW Consulting in the amount of $24,750 plus HST and expenses and part time professional /technical services provided by Stephanie Woods in the amount of $7,600. plus HST and expenses to be taken from the total budgeted amount for the project of $210,000. Respectfully submitted, Elizabeth Gormley Common Clerk Attachment /r _ SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 I wwwsaintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1 --------- — •E Summary of Projects and Initiatives May 2011 Important Council Priorities /High Impact Initiatives Wildly Important Goals (WIGs) Pretty • Zoning Bylaw Rewrite • Recreation and Parks Master Plan • Subdivision Bylaw Rewrite Plan Si • Transportation Master Plan • Development Initiatives • ROW Management Safe Clean Drinking Water Program Saint John Harbour Clean -Up Program Pension Reform Customer Service Service -Based Budgeting (2012 Operating/ Capital Budget Process) Organization Realignment Initiative (ORI) Rebuilding Neighbourhoods / Priority Neighbourhood Focus Record & Information Management Value for Money Projects Flood Control Update May 30, 2011 • Water & Sewer By -Law • Management of Municipal Wastewater Effluents • Legislative Amendments • Collective Agreement changes • Community Engagement Policy • Communications Strategy • PSAB - Tangible Capital Assets (TCA) • PSAB - ABC Compliance • Debt Management Policy • Human Resource Policies • Intergovernmental — Policy Funding • Wellfield Protection Program • Governance Model - Committee System • Pursue Municipalities Act Amendments Derelict Buildings By -law • Building By -law Review • Vacant Buildings - Fire Prevention By -Law • Taxi -By Law Review • Information Management Policies • Policies and Procedures for Right to Information and • Records & Information Management (SharePoint) Protection of Privacy Act (RTIPPA) • Operational Review of Fleet • Procurement Policies and Procedures • Fire Service Review (Part 3) iI • Heritage Program Review • Drainage / Flood Control Improvement Program 7he City of Saint .,, September 22, 2011 His Worship Mayor Ivan Court And Members of Common Council Your Worship and Councillors: Subiect: Provision of Banking Services BACKGROUND In June of 2001, Council adopted the following resolution "Resolved that as recommended by the City Manager, the proposal of the Bank of Nova Scotia be accepted for the provision of banking services for a period of five years, with an option for an additional five years ". In September of 2006, Council adopted the following resolution "Resolved that as recommended by the City Manager, the proposal of the Bank of Nova Scotia for the provision of banking services for the five year period ending June 30, 2011 be accepted." With the expiry of the existing contract, the City has an option of going out for a proposal call or extending the existing contract for an additional five years. ANALYSIS The Bank of Nova Scotia has submitted a new banking services proposal with a more favourable service fee arrangement. Based on the existing volume of transactions, there are potential annual savings of approximately ten thousand dollars if the new proposal is accepted. SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 I www.saingohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1 92 M &C2011- September 22, 2011 Page 2 In view of the time and cost required for the preparation, receipt and evaluation of a request for proposals, the number of projects currently facing the organization and the work and cost required if a new banking services provider is selected, staff is recommending that the existing banking services agreement with the Bank of Nova Scotia be extended for an additional five years. RECOMMENDATION It is recommended that the proposal of the Bank of Nova Scotia for the provision of banking services for the five year period ending June 30, 2016 be accepted. Respectfully submitted, Hilary Nguyen, CGA, MBA Assistant Comptroller Gregory /J /Yeomans, CGA, MBA Commiss,roner of Finance 93 REPORT TO COMMON COUNCIL M &C2044 -249 23 September 2011 His Worship Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Fire Station # 8 — Basement Exit Stairs BACKGROUND: Existing conditions in the basement of Fire Station # 8 do not meet today's safety expectations and building codes, as there is only one exit. This tender includes the construction of a new, second exit, and internal and external staircases. ANALYSIS: A public tender call was issued on August 4, 2011, closing on August 24, 2011. Five (5) companies responded by submitting bids. The results are as follows: John Flood & Sons ICR General Contractors Ltd Castle Rock Construction Prism Construction Avant -Garde $36,412.00 $45,893.00 $37,685.00 $49,448.00 $40,448.00 (All above are plus tax) The Engineer's estimate for the work was $24,000.00 plus tax. Staffs of Facilities Management and Materials Management have reviewed the tenders and have found them to be complete and formal in every regard. Staff believes that the low tenderer has the necessary resources and expertise to perform the work, and recommend acceptance of their tender. In addition, staff has reviewed the low tender with the City's consultant on this project to pinpoint the reasons for the significant discrepancy between the estimate and the low- tendered amount. When preparing the estimate, the City's consultant did not take into account the increased cost of steel (as of late) and the cost of relocating a locked, wooden partition for storage on site. Taking this into account, both City staff and the consultant believe the low tender to be accurate and fair. ., Page Two FINANCIAL IMPLICATIONS: Notwithstanding the fact that the lowest price tendered exceeds the engineer's estimate, this is a planned project, and as such, funds were identified in the 2011 Capital Budget. Staff of Facilities Management advises that any shortfall will be offset by savings already realized on other projects already underway (specifically, the approximately $20,000 surplus from Fire Station # 1 building code upgrades). Additionally, staff recommends a 10% contingency be added to this project to account for any potential overages. As such, total cost to the City of Saint John for this project if awarded as recommended will be $36,412.00 (tendered amount) + $3,641.20 (10% contingency) _ $40,053.20 plus tax. RECOMMENDATION: It is recommended that the tender for the installation of a secondary exit c/w new internal and external stairs, required to make Fire Station # 8 compliant with today's minimum safety requirements, be awarded to the low bidder, John Flood & Sons, in the amount of $36,412.00, plus tax and further that a 10% contingency allowance be set aside in the budget to address any unforeseen issues as my arise. Respectfully submitted, (0— J e g — David J. Logan Purchasing Agent Patrick Woods City Manager 95 River Road Community Alliance, Inc. 311 Bay Crescent Drive Saint John, NB E2M 6M1 September 22, 2011 Mayor Ivan Court Members of the Saint John Common Council Office of the Common Clerk PO Box 1971 Saint John, NB E21, 4L 1 Dear Mayor Court and Councilors: I am writing on behalf of the River Road Community Alliance, Inc. (RRCA) to ask permission for a representative from our organization to make a presentation before Council. As you know, the RRCA is a community organization dedicated to improving the quality of life in the area from South Bay through Martinon. We are grateful to the City for the contributions that have been made to our community in the past two years. In our presentation, we would like to speak about the positive work that the City has already done and the constructive relationships that have been developed between our organization and representatives from the City. Then we want to discuss the moving forward with specific projects in the upcoming fiscal years. We would like to illustrate and clarify these points though a power point presentation. We look forward to meeting with you again, and continuing our partnership with the Common Council as we work together to create a more vibrant community in this section of our City. Yours truly, Roberta W. Lee, Secretary River Road Community Alliance M & C — 2011 -255 September 22, 2011 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Early Access for Easement for Public Utilities 170 Prince William Street — Saint John High School BACKGROUND: r City of Saint John In order to meet its obligations with the developer of Harbourfront Residences at Three Sisters, the City is reconstructing the southern end of Prince William Street. Part of the reconstruction project involves placing the public utilities underground. Upon review with the various utilities, it was determined a transformer would be required near the intersection of Queen Street and Prince William Street. A small parcel of land measuring 15 square metres on the Saint John High School property was determined to be the most appropriate location for the above mentioned transformer. It is not the normal process for the City to acquire land for public utilities. However, the street reconstruction work is the City's project with the public utility easement forming only a small part of the larger project. In the interest of time, City Real Estate staff contacted the Province to secure the necessary easement. Once acquired from the Province, the easement would either be assigned or transferred to The Power Commission of The City of Saint John and Bell Aliant Regional Communications Inc. The attached document from NB Department of Supply and Services will provide the City with terms and conditions of the granting of the necessary easement (subject to approval by the Province) along with early access onto the site to commence the work. 97 M & C -- 2011 -255 - 2 - September 23, 2011 RECOMMENDATION: That The City of Saint John accept the terms and conditions set by the Province of New Brunswick as contained in the letter attached to M & C 2011 -255 for the construction of the above ground public utility cabinet on PID #6098; and authorize the Mayor and Common Clerk to sign the attached letter in acknowledgement of such terms and conditions. Respectfully submitted, Ken Forrest, MCIP, RPP Commissioner Planning and Development Attachments CL /c J. Patrick Woods, C.G.A. City Manager Navvy ?'Slouveau u � � ��x i i A N A D A September 23, 2011 File No. 11 -468 The City of Saint John 15 Market Square P.O. Box 1971 Saint John, N.B. E2L 4L1 Attention: City Solicitor's Office Dear Sir /Madame: Re: Saint John High School - Portion of PID 0006088 - Public Utility Easement This is in reference to the City of Saint John's ( "City ") request for the granting of a public utility easement over a small portion of the subject as part of the Prince William Street Reconstruction Project, Please be advised that approval is hereby granted to the City its agents and contractors to enter onto the subject property, for the purpose of installing an above ground utility cabinet. This permission is given with the understanding that: 1. We make no guarantee concerning the likelihood that Executive Council will give approval to grant an easement over the subject property. You will be advised when a decision is reached. 2. The City is responsible for all costs associated with the construction work including all site preparation and landscape restoration. There will be no reimbursement by the Minister of Transportation and Infrastructure for work performed and all improvements will be removed at the expense of the City, should the easement not proceed. 3. All activities of the City or by persons claiming under the City will be carried out solely at the expense and risk of the City who shall make no claim whatsoever against Her Majesty the Queen in Right of the Province of New Brunswick as represented by the Minister of Transportation and Infrastructure for any costs incurred. Supply and Services /ApprovisionnementetServices Tel, / T618ohone : PA Box 6000 506-453 -2221 Fredenoton Fax; New Brunswick 506 - 444.5653 Canada E3B 5H 4 V's" us at our web s{te: Vlsitez noire site Web •• .. 2 Case aostale 9000 Fredencton General Webalte Nouveau - Brunswick www. nb.ca 1 Canada E38 5H1 9 www anb.oa /2221! w� anE1.�12221iin x ;f•asp -2- 4. The City shall indemnify and save harmless Her Majesty the Queen in Right of the Province of New Brunswick as represented by the Minister of Transportation and Infrastructure from any and all claims that may arise from the use of the subject property by the City or by persons claiming under the City, or from the exercise by the City of any of its rights or the failure to perform any of its obligations hereunder. 5. The City shall obtain public liability insurance in an amount not less than Five Million Dollars ($5,000,000.00), protecting Her Majesty the Queen in Right of the Province of New Brunswick as represented by the Minister of Supply and Services from all claims arising from the use of the subject property by the Company and its members and /or the exercise by the Company of any of its rights hereunder. 6. The City shall provide a copy of the policy confirming such protection, before this permission to cccupy will take effect. 7. The work must be undertaken in such a manner, as to minimize damage to the Saint John High School property. 8. The City shall keep the premises in a neat and orderly condition, as good as when this permission was granted. 9. The work must be undertaken in such a manner, as to not disrupt the normal day -to -day operation of the Saint John High School. 10. This agreement/ permission shall be terminated on one (1) week's written notice to the City in the event that: a) The City or its agent ceases to use the property for the purpose for which permission is hereby granted, or b) The City or its agent breaches or fails to perform any covenant in this Agreement. 11.The City may assign the rights and/or permission herein contained in this agreement and any subsequent easement to The Power Commission of the City of Saint John and Bell Aliant Regional Communications Inc. (the public utilities). Please note this agreement takes effect only after the City of Saint John confirms aareement with the conditions contained herein and a signed copy of this agreement has been received by this office_ 100 I trust this is satisfactory. Yours truly, Essensa, Director;— Property Management Branch cc; Ron White - Education Curtis Langille - City of Saint John Please indicate The City of Saint John's acceptance of the above stated terms and conditions by signing below and returning a copy to this office. By signing the City is assuming all responsibility for its agents and contractors. G. Ivan Court, Mayor The City of Saint John Elizabeth E. Gormley, Common Clerk The City of Saint John Common Council Resolution Date 101 Date Date M z September 22, 2011 p Mayor Ivan Court and Members of Common Council Re: Draft Municipal Development Plan z On behalf of the Board members of Uptown Saint John Inc. I would like to express our appreciation and support for the efforts that have culminated in the draft Municipal Development Plan {MDP} for Saint John. 07 We have participated in the Plansj process through the various opportunities for public engagement and have been impressed with the attendance at the information /input F- sessions. Clearly the community has spoken and been heard — the community wants to pursue a sustainable option for future growth. The past pattern of development is not sustainable. Now is the time to make smarter growth objectives that support a liveable, sustainable and long term community vision real. The community has said we need a strong urban core of which the uptown is a huge rr part. The uptown needs to grow as a vibrant regional hub for office, retail, finance, arts and entertainment. The policies and principles of the Plan reflect this so that the dispersed pattern of development does not continue unabated leading to greater Z demands on operating budgets which in turn handcuff our ability to enhanced existing public infrastructure. Once the MDP is adopted the obvious next steps as we see it include the preparation of the neighbourhood plans that go into greater detail on how to achieve the concepts and ° policies of the MDP. From our perspective the priority for the neighbourhood planning process must be the uptown urban core area. The Plansj process has clearly identified the urban core as the focus for development intensification. We now need to put more C thought to how that happens at a detailed level. .� We hope that Council adopts the draft MDP and allocates funding so that the neighbourhood planning process can start with the Uptown Peninsula area in 2012. O Congratulations on your efforts towards this milestone. C (i3 T. 506.633.9797 F 506 652.3525 www uptownsi.com 102 REPORT TO COMMON COUNCIL M &C- 2011 -250 September 23, 2011 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Strongman Canada Championships BACKGROUND: City of Saint John The City has received a request to utilize the parking area on the former Coast Guard site for the Strong Man Championship of Canada semi finals on the evening of September 30, 2011. The event is an official competition leading up to the World Finals to be held in Europe and will be held in Saint John and three other locations in New Brunswick. The event will feature an amateur strongman competition and be followed by several events such as a medieval combat show and tribal performers. The event requires the granting of a licence to use the property by Common Council. The Saint John Parking Commission is also a party to the licence agreement as they manage the parking lot for the City. The Commission will arrange to have the licence executed should Common Council grant the licence. Council in the past has approved such events on City owned land in the vicinity of the site such as those associated with the Salty Jam Festival. Strongman Champions League Canada Inc. will be required to provide at its sole cost, obtain and keep in force Commercial General Liability Insurance policy for claims for damages from personal injury including death and for claims from property damage. This coverage shall have an inclusive limit of not less than Five Million Dollars ($5,000,000) for each occurrence and shall also include the City as an additional insured along with a cross - liability clause. 103 M & C-2011-250 - 2 - September 23, 2011. Schedule "B" forms part of the agreement and outlines terms and conditions to which the Licensee (Strongman Champions League Canada Inc.) must comply with. These conditions include liquor licencing, post -event clean up of the site, security and the repair of damages to the site. A zoning confirmation letter will be required by the Provincial Department of Public Safety for extension of the Liquor Licence of a local licensed establishment to the site. Should Council choose to approve the licence, staff can issue the zoning confirmation letter to the applicant. RECOMMENDATION: That The City of Saint John grant a seven (7) hour Licence to Strongman Champions League Canada Inc. on September 30, 2011 for the use of PID 55209159, under the terms and conditions as contained in the Licence agreement attached to M & C #2010 -250; and that the Mayor and Common Clerk be authorized to sign the Licence agreement. Respectfully submitted, Ken Forrest, MCIP, RPP Commissioner Planning and Development 4 atrick Woods, CGA Manager Attachments MR 104 THIS LICENCE made in triplicate as of the day of September, 2011. BY AND BETWEEN: THE CITY OF SAINT JOHN having its City Hall at 15 Market Square, Saint John, New Brunswick, a body corporate by Royal Charter, confirmed and amended by Acts of the Legislative Assembly of the Province of New Brunswick, hereinafter called the "Licensor" OF THE FIRST PART - and — STRONGMAN CHAMPIONS LEAGUE CANADA INC., a body corporate duly incorporated under the laws of Canada, having its head office in the City of Moncton, in the County of Westmorland and Province of New Brunswick, hereinafter called the "Licensee" OF THE SECOND PART -and- SAINT JOHN PARKING COMMISSION, a body corporate under S.N.B. 1956, Chapter 128, having its head office at the City of Saint John, in the County of Saint John and Province of New Brunswick, (hereinafter called the "Corporation ") OF THE THIRD PART WHEREAS the City is the owner of certain lands in the said City'being PID number 55209159 (the "Lands "); AND WHEREAS the Commission manages the parking lot situated upon those lands for the City; AND WHEREAS the Licensee wishes to use PID 55209159 shown on Schedule A attached hereto and forming part hereof; 105 SCHEDULE B Alcohol 1. The Licensee shall provide to the Licensor a copy of the liquor licence provided to the Licensee in connection with the Strongman Championship event. 2. The Licensee shall ensure that alcohol is consumed pursuant to the conditions of the said licence, and in accordance with any municipal by- laws or provincial or federal legislation. Security 3. The Licensee shall make arrangements with the Saint John Police Force satisfactory to the Chief of Police to provide adequate security for the event. Other 4. The Licensee shall not park or store any materials or vehicles in common alleyways, walkways or fire lanes. 5. The Licensee shall, at its own cost, clean up the site after the event and restore the Lands to the condition in which they were prior to the Strongman Championship event. 6. The Licensee shall be responsible for any and all damages to the Lands which are in any way connected with or related or attributable to the Strongman Championship event on said Lands. 106 License Agreement The City of Saint John — Strongman Champions League Canada Inc. — Saint John Parking Commission Page 2 of 4 AND WHEREAS the City by resolution adopted September 26, 2011 resolved to permit the Licensee to use those lands shown on Schedule A to hold a strongman championship event on September 30, 2011; NOW THEREFORE THIS LICENCE WITNESSETH that in consideration of the sum of two ($2.00) Dollars of lawful money of Canada now paid by the Licensee to the Licensor, the receipt and sufficiency of which is hereby acknowledged, the Licensor does hereby grant, subject to the terms, conditions, covenants and provisions herein contained, permission and Licence to the Licensee to use PID 55209159 shown on Schedule A to hold a Strongman Championship event on September 30, 2011 on the following terms and conditions. IT IS AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: The License shall be for a period of 7 hours, commencing at 5:00 pm on September 30, 2011 and terminating at midnight. 2. The Licensor grants the privileges herein to the Licensee at no cost 3. Notwithstanding anything else herein contained, this Licence may be terminated forthwith without notice to the Licensee in the event that the Licensee shall, in the opinion of the Licensor, be in default of any of the terms and conditions of this Licence 4. No transfer or assignment of this Licence or of any of the rights or privileges herein granted shall be made, or caused or permitted to be made by the Licensee. 5. The Licensee covenants and agrees with the Licensor as follows: a) It shall, at no expense to the Licensor, obtain and maintain in full force and effect during the entire term of this Licence, a Commercial General Liability Insurance policy with policy limits of not less than five million dollars ($5,000,000.00) inclusive per occurrence for bodily injury and property damage; which policy shall name the Licensor as an additional insured and shall contain a cross - liability clause; b) that it shall, on or before September 29, 2011, submit to the Licensor a Certificate of Insurance or other satisfactory evidence of having 107 License Agreement The City of Saint John - Strongman Champions League Canada Inc. - Saint John Parking Commission Page 3 of 4 obtained and maintained the insurance coverage required at paragraph a) hereof; c) it shall comply with the terms and conditions outlined in Schedule B attached hereto and forming part hereof. IT IS FURTHER MUTUALLY AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS: 5. No change or modification of this Licence shall be valid unless it is in writing and signed by all parties to this Licence. 6. This Licence supersedes and takes the place of all prior agreements entered into by the parties with respect to the Strongman Championship which is to take place on September 30, 2011. 7. This Licence shall not be enforced or bind any of the parties thereto, until executed by all the parties named in it. 8. The Licensee shall indemnify and save harmless the Licensor from and against all actions, causes of action, proceedings, claims and demands brought against the Licensor, and from and against all losses, costs, damages or expenses suffered or incurred by the Licensor, by reason of any damage to property, including property of the Licensor, or injury, including injury resulting in death, to persons, including the employees, servants, agents, licensees and invitees of the Licensor, caused by, resulting from or attributable to the negligent act or omission of the Licensee or any of its employees, servants or agents acting or purporting to act under the within Licence. 9. The Licensor and the Licensee shall not be liable to each other in any way for indirect or consequential losses or damages, or damages for pure economic loss, howsoever caused or contributed to, in connection with this Agreement. 10. The Licensee, for itself and its successors and assigns, and to the fullest extent permitted by law, hereby releases and forever discharges the Licensor, its employees, officers, agents, successors and assigns, from and against any and all losses, costs, claims, demands, expenses, proceedings and actions of every nature and kind for injury or damages, to the Licensee or its property which are or may be in any way related to, or connected or associated with the within Licence. W License Agreement The City of Saint John - Strongman Champions League Canada Inc. - Saint John Parking Commission Page 4 of 4 THIS LICENCE shall enure to the benefit of and be binding upon successors and assigns of the parties hereto respectively. IN WITNESS WHEREOF the parties hereto have caused these presents to be duly executed the day and year hereinbefore written. SIGNED, SEALED & DELIVERED) In the presence of: ) THE CITY OF SAINT JOHN Mayor Common Clerk Common Council Resolution: September 26, 2011 STRONGMAN CHAMPIONS LEAGUE CANADA INC. Per: SAINT JOHN PARKING COMMISSION Per: And: 109 Service New Brunswick Service NmtvP_A11- Rr11nSWIC1t Map Scale / Echelle cartographique 1 : 1682 While this map may not be free from error or omission, care has been taken to ensure the best possible quality. This map is a graphical representation of property boundaries which approximates the size, configuration and location of properties. It is not a survey and is not intended to be used for legal descriptions or to calculate exact dimensions or area. Meme si cette carte n'est peut -etre pas libre de toute erreur ou omission, toutes les precautions ont ete prises pour en assurer la meilleure qualite possible. Cette carte est une representation graphique approximative des terrains (limites, dimensions, configuration et emplacement). Elie n'a aucun caractere officiei et ne doit donc pas servir a la redaction de la description officielle d'un terrain ni au calcul de ses dimensions exactes ou d T M superficie. N A Mayor Ivan Court Mayor's Office Bureau du maire SAINT JOHN WHEREAS: PROCLAMATION September 26 -30, 2011 is Right to Know Week in Canada; and WHEREAS: the City of Saint John is dedicated to the principles of open, transparent government and is accountable to the citizens it serves; and WHEREAS: the Right to Information and Protection of Privacy Act will grant to citizens the right of access to information in the custody or control of the City of Saint John; and WHEREAS: access to information promotes open and transparent government and ensures that citizens have an opportunity to participate in a meaningful way in the democratic process; and WHEREAS: the City of Saint John supports and celebrates the Right to Know Week as a way to raise awareness about people's right to access government information while promoting freedom of information as essential to both democracy and good go ernance; NIW THEREFORE: I, Mayor Ivan Court, y-- t of Saint John do hereby proclaim the week of September 26 -30, 2011 is Right to Know Week in the City of Saint John. In witness whereof I have set my hand and affixed the official seal of the Mayor of the City of Saint John. .bi P.O. Box 1971 Saint John, NB Canada E2L 411 I1 www.saintjohn.ca I C i The City of Saint John Mayor Ivan Court Mayor's Office Bureau du maire PROCLAMATION WHEREAS: many dedicated citizens have joined with volunteer, professional and industrial fire safety personnel as "Partners in Fire Prevention" in a relentless effort to minimize loss to life, destruction of property and damage to the environment; and WHEREAS: fire losses in Canada remain unacceptably high in comparison with those in other industrialized nations thereby necessitating improved fire prevention measures; and WHEREAS: it is desirable that information on fire causes and recommended preventive measures be disseminated during a specific period of the year; and WHEREAS: the 2011 fire prevention theme for this period is: "IT'S FIRE PREVENTION WEEK —PROTECT YOUR FAMILY FROM FIRE"; NOW THEREFORE: I, Mayor Ivan Court � --- � of Saint John do hereby proclaim Sunday, October 9". 2011 to Saturday, October 15`h, 2011 as "Fire Prevention Week" in the City of Saint John Further: in appreciation of the many services rendered by the members of the fire department that Saturday, October 15'h be designated as Fire Service Recognition Day. In witness whereof I have set my hand and affixed the official seal of the Mayor of the City of Saint Juan. SALINT )OFIN P.O. Box 1971 Saint John, NB Canada E21. 4U i I www.saintjohn.ca .: 1 �._ _ 112 EIr,yubethi * *eamb, bLi the (firare of (Sod of flee Uniub Xh*om, Tanaba ttnb Rer offer Rettbns and Gerr'dories (93MEX Reab of tht Cfommonwenith, j9efenber of t1 a NaO. TO ALL TO WHOM these Presents shall come or whom the same may in anyway concern, GREETING. A PROCLAMATION Whereas many dedicated citizens have joined with volunteer, professional and industrial fire safety personnel as 'Partners in Fire Prevention' in a relentless effort to minimize loss to Iife, destruction of property and damage to the environment; And whereas fire losses in Canada remain unacceptably high in comparison with those in other industrialized nations thereby necessitating improved fire prevention measures; And whereas it is desirable that information on fire causes and recommended preventive measures be disseminated during a specific period of the year; And whereas the 2011 fire prevention theme for this period is: "It's Fire Prevention Week - Protect your family from fire'. Now Know You that We, by and with the advice of Our Privy Council for Canada, have thought fit to designate and do designate the week commencing Sunday, the ninth of October, and ending on Saturday, the fifteenth of October, in the present year as "FIRE PREVENTION WEEK* and further, in appreciation of the many services rendered by the members of the Fire Service of Canada, that Saturday the fifteenth of October be designated as Fire Service Recognition Day. And We do recommend to all Our Loving Subjects that during Fire Prevention Week, federal, provincial and municipal authorities intensify their fire prevention activities. Of All Which Our Loving Subjects and all others whom these Presents may concern are hereby required to take notice and to govern themselves accordingly. IN TESTIMONY WHEREOF, We have caused these Our Letters to be made Patent and the Great Seal of Canada to be hereunto off ixed. Our Right Trusty and Well - beloved David Johnston, Chancellor and Principal Companion of Our Order of Canada, Chancellor and Commander of Our Order of Military Merit, Chancellor and Commander of Our Order of Merit of the Police Forces, Governor General and Commander -in -Chief of Canado. AT OUR GOVERNMENT HOUSE, in Our City of Ottawa, this fourth day of August in the year of Our Lord two thousand and eleven and in the sixtieth year of Our Reign. E14ahetb Um, pa Itt 6rttre de Dieu, ±RE313 du a me -Uni, bu Tonaba et be sets ttufres ropmms et terri#nireo, Titef bu TommonwettlM, Difenseur De Itt Noi. A TOUS CEUX a qui les presentes parviennent ou gJelles peuvent de grelque maniere concerner, SALUT: PROCLAMATION Attendu qua de nombreux citoyens devoues ont a oust to cause des sapurs- pompiers benevoles at des services d'incendie pprr'ofessionnels at industrials an qualite de epartenaires dons la prevention des incendiess ofin de reduire au minimum les pertes de Vic, la destruction de bier at le dommage d l'environnemerrt; Attendu que [as pertes attribuabies aux incendies au Canada demeurent beaucoup trop ilevies rraappport d cellos enregistrees dons d'autres pays industrialises at que, par consiquent, de meilleures mesures de prevention s'imposent; Attendu i'opportunite de diffuser, pendant une periode diterminie de I'annie, des renseignements sur les causes des incendies at les mesures preventives recommandies; Attendu qua le theme de la preverrtlon des incendies an 2011 est Cast to Semaine de la prevention des incendies - Protigez votre famille'. Sachez done maintenant que, or at aver I'ovis de Notre Conseil privet pour le Canada, Nous avons cru bon de designer at Nous designons d titre de SEMAINE DE LA PREVENTION DES INCENDIES ' la semaine commandant le dimanche neuf octobre, at se terminant le samedi quinze octabre, de la presente annee: de plus. Nous ddcretons qua le somedi quinze octobre est d €signet Jour an hommage au personnel de sic riti- incendie an reconnaissance des nombreux bierrfaits qua les services d' incendie du Canada rendent d la collectiviti. Et nous recommardons d taus Nos feaux sujets que, durant ladite semaine, lee services fidirauc, provinciaux at municipaux intensifient leurs activites de prevention contre I'incendie. be cc qui precede, Nos feaux sujets at toes ceux qua lets presentee uvent concerner sort par lea presentes teals de prendre connaissance at d'agir an consequence. EN FOI DE QUOI, Nous avons fait delivrer Nos presentes lettres patentee at y avons fait apposer le grand sceou du Canada. TEMOIN: Notre iris fid#le at bien -aime David Johnston, chancelier at compagnon principal de Notre Ordre du Canada, chancelier at commandeur de Notre Ordre du merite militaire, chancelier at commandeur de Notre Ordre du mirite des corps policiers, gouverneur general at commandant an chef du Canada. A NOTRE HOTEL DU GOUVERNEMENT, an Notre viile d'Ottowa, ce quatriime jour d'ao -ut de Van de grace deux mille onze, soixantieme de Notre r$gne. BY COMMAND, PAR ORDRE, �- -+ 1�k t nn - UA �! c� � � DEPUTY REGISTRAR SQU�S- REGISTRAIRE DEPUTY ATTORNEY 59U, - PROCUREUR GENERAL OF CANADA GENERAL DU CANADA GENERAL OF CANADA GENERAL DU CANADA 113 �G �9CE CRIMEMAPPING.com TM 114 CRIMEMAPPING.com TM • Privately owned since 1992. • Over 500 law enforcement, public safety, and public education clients. • Use ESRI technology to achieve 95% geocoding accuracy. • No data is scraped from other sites. • Developers of other high -end crime analysis tools. 115 http:llwww.crimemapping.com/map/nb/saintjohn File " ® SIN* ® Li I Scrolling Wind ,v t CrimeMapping.com - NaUonal Map �l Enter an address. 11U r = „« i _art _lick a blue pin t Q j and zoom into view crime. CLICK then DRAG ]TORY Great Slave 1 Cake ,..i, .... ........................ ................................. ._........ Hudson Bay r _ MANITOBA BRITISH i ALBERTA Jr COLUMBIA Edmonton - ® _ SASKATCHEWAN OCalgary : OR O N T A R I O O will NORTH : ake ` M O N JP� DAKOTA MI . uperior. SOUTH N IDAH0-ryOMING•DAKOTA U N I T E '—T S �....,. NEBRASKA - _ genver•,••...•.•• Indiana olis VADA UTAH i ® S: Louis San Francis COLORADO KANSAS O MISSOURI •• S _ t ;Oklahoma City Illemp o...., Los Anga NEW nix Alan MEXICO ' � s � `r \TEXAS LA. SONORA t Houston CHIHUAHUAr 6 . .. GWl of \ California COAHUILA• , •' Monterr`! � 6 GulfofMexico Nassau �j +r x Page - ^Tools 'Sys � 5.— i I I S: J ,Dh., , 0 First Canadian Agency I-70 ® Internet +� 100% - rI_ http: / /www.saintjohn.ca /en/ home /cityservices /publicsafety /police /default.aspx File " ®Snagit ® rj' Scrolling Window rr t=• Swint John - Police I Home City Services Public Safety > Police IiAid Emergency Management Public Safety Communication Fire & Rescue Submit a Crime Tip crimemapping.com Saint John Board of Police Commissioners By -Law Enforcement Inspection & Enforcement Police The Saint John Police Force is the largest municipal service in New Brunswick and has been serving Saint John since 1849. em ergeney BERT Your Police Force delivers public safety and builds safer communities through the following services: • Crime Reduction • Emergency Response • Law Enforcement Victim Services r • Public Order u "together we can" what you need to know Employee Services Criminal Record Checks (for staff only) Where do I go to get a criminal record check? What do I need to bring? What does it cost? 117 ?arch Resources Police Commission Annual Report 2008n Safer Communities and Neighbourhoods (SCAN) 1- 877 -823 -2122 Please call 911 for Emergencies or 648- 3333 for non - emergency immediate assistance. Police Services Office Police Services police @saintjohn.ca (506) 648 -3200 7th Floor, City Hall Human Resources (506) 648 -3200 policerecruit@saintjohn.ca For all emergencies, please call 911. Non emergengies 24/7, 648 -3333 / Service Request Form Lj ® Internet *,100% V . MD, \/ - http: / /www.saintjohn.ca /en/ home/ cityservices/ publicsaFety /policeidefault.aspx '�►� itI XI Li'.'e -?erch IP',- Fie " ® ® Li Scrolling Window v, i 49t io Sant John - Poke I Q - ® * - (_}, Page TQds ' » Commissioners 1fEei1#Ri9S;53: By -Law Enforcement Inspection & Enforcement Police The Saint John Police Force is the largest municipal service in New Brunswick and has been serving Saint John since 1849. emergency LERT lour Police Force delivers public safety and builds safer communities through the following services: • Crime Reduction • Emergency Response • Law Enforcement • Victim Services • Public Order "together we can" Employee Services Criminal Record Checks (for staff only) Where do I go to get a criminal record check? What do I need to bring' What does it cost) y Crime Map this new tool that allows you to see recent crime 011�View activity in your neighbourhood. Division Contacts Find a directory to contact a specific division within the Saint John Police Force. Get news & events your svay: ® ® twikker V040 Cc, 2010 City of Saint John Sitemap I Privacy I Disclaimer `611.1 (SCAN) 1 -877- 823 -2122 Please call 911 for Emergencies c, 648- 3333 for non - emergency immediate assistance. Police Services Office Police Services police @saintjohn.ca (506) 648 -3200 7th Floor, City Hall Human Resources (506)648.3200 policerecruit@ saintjohn.ca For all emergencies, please call 911. Non emergengies 24/7, 648 -3333 < Semice Request Form L _j Q Internet 't, 100% v� http: / /www. saintjohn. ca /en/ home/ cityservices/ publicsafety /policelcrimemappingcom. aspx File " ®Snagit ® rJ' ScrollingWindov,, e' Swint John - crimernapping.com -ra,ch Home City Services Public Safety > Police > crimemapoing.com A;i_ Emergency Management crimemapping.com Public Safety Communication By proceeding to crimemapping.com, you have read and agreed to Fire & Rescue the following terms and conditions: submit a Crime Tip The Saint John Police Force is excited to introduce a new tool in the fight against crime - online crime mapping. Intelligence -Led Policing is about i, crimemapping.com making informed decisions that are evidence based. Since crime reduction i- Saint John Board of Police everyone's n' one s responsibility, y, it is essential to share information with our Commissioners community so that everyone may make such informed decisions. Incidents displayed are �I�tiRff04!Ex By -Law Enforcement Knowing what is happening in your neighbourhood is the first step in helping response to reduce crime. The Saint John Police Force looks forward to strengthening preliminary Inspection & Enforcement existing community partnerships and creating new ones, through the sharing of this online crime mapping information all in the name of crime reduction. data only The incidents displayed on our crime maps are preliminary response data - only, and are subject to change for a variety of reasons pending em ergeney LERT investigational outcomes. For these and other reasons, this data may not reflect what is submitted to the Canadian Center for Justice Statistics. More ` specifically, • Information shown may not have been verified. • Incidents shown are those in which a police record has been created. and do net reflect all police activity. • Incidents may be reclassified pending investigation, or later determined to be unfounded. • Incident location may reflect where the incident was reported vs. where the incident occurred. • Some incidents may not be shown due to unsuccessful geocoding of addresses. • There may be a delay in a crime being reported, and not all crime is reported. • Addresses are approximate to a city block ajefg protect the identity of victims of crime. ® Internet *,100% A 1 v1 n EJ http: / /www.saintjohn.ca /en/ home /cityservices /publicsafety /police /crimemappingcom.aspx it X I It eai 71, IP File " ® Srw* ® Scrolling Window v IW 4r 10 Saint John - crmv mapping.com be unfounded. • Incident location may reflect where the incident was reported vs. where the incident occurred. • Some incidents may not be shown due to unsuccessful geocoding of addresses. • There may be a delay in a crime being reported, and not all crime is reported. • Addresses are approximate to a city block area to protect the identity of victims of crime. • Information shown is not suitable for comparison purposes across neighbourhoods or across time due to area size, population densities, influence of other variables, and shifting operational focus. • Published crime types include Arson, Assault, Break and Enter, Impaired Driving, Motor Vehicle Theft, Robbery, Vandalism, and Vehicle Breaks. The Saint John Police Force assumes no liability whatsoever for any errors, a- to 0-114eg. -*To*- * Published crime types include Arson, Assault, Break and Enter, Impaired Driving, Notor Vehicle Theft, Robbery, Vandalism, and Vehicle Breaks. from, or in connection with, the use of this information. Any use of the information for commercial purposes is strictly prohibited. By accessing the Saint John Police Force's online crime - mapping data, you acknowledge that your use of such data is subject to the following terms and conditions and any additional terms. You also acknowledge that the Saint John Police Force reserves the right to alter or vary the foregoing terms and conditions without further notice to you and, to the extent that the foregoing terms and conditions are altered and varied, you are bound by such altered or varied terms and conditions. By selecting the link below you signify your acceptance of these conditions. I have read and accept the above terms and conditions. Take me to crimemapping.comg Get news a events your way: ® ® twikker %0lM 6 2010 City of Saint John Sitemap l Privacy I Disclaimer 120 1-01 (✓s QP Internet ±, 100% i' Crime Mapping - Building Safer Communities! - Windows Internet Explorer • Receive Crime Alerts' • Help • Symbol Legend • FAQ SEARCH PICK ANY PROVINCE TO BEGIN 0 fConnect with us on Facebook. Contact Us Terms of Use Press YouTube Channel ® Foil—% uz on Twitter Building Safer Communities This portal is dedicated to helping law enforcement agencies provide the public with valuable information about crime activity by neighborhood Our goal is to assist police a !partments in reducing PRINCE EDWARD ISLAND n THE OMEGA GROUP We have been working with law enforcement agencies throughout North America since 1992. Hundreds of police and sheriff's departments are currently using one of our QlU1X i' Crime Mapping - Building Safer Communities! - Windows Internet Explorer • Receive Crime Alerts' • Help • Symbol Legend • FAQ SEARCH Choose an agency: Saint ohn Police Force, NB PICK ANY PROVINCE TO BEGIN M fConnect with us on Facebook. Contact Us Terms of Use Press YouTube Channel ® Foil—% uz on Twitter Building Safer Communities This portal is dedicated to helping law enforcement agencies provide the public with valuable information about crime activity by neighborhood Our goal is to assist police dcpartments in reducing PRINCE EDWARD ISLAND n THE OMEGA GROUP We have been working with law enforcement agencies throughout North America since 1992. Hundreds of police and sheriff's departments are currently using one of our QlU1X V http:/ /www.crimemapping.com/map.aspx? aid= be2605fb- ae28- 41aa- 8f2f- 08c6a451a5aa Eile n ". ®Snagit ® �1' Scrolling Window v 49 P Cri Mapping.corn - National Map Crime Types Udies Address ® between 6/11/2011 - 6117/2011 Enter an address. N P11 - F . -.. - • ^Page - Tools - I Agencies ` -44P J jW t.odr Lo S !r P 0 1 'P Use ini Icons o� Stl�S v` C i 0 r•, r P c sic" U� ��c '. (g P e Cq, 4 'b - ~ 01 p m g zi A't° rdro Vaart St b \OO Ra 100 a - D %I-P a D y sP pOk rok r:a N I atico Qe ^o, '+_al Dr 'NL ds` Ohn Y`�St 5` Bd -oe Or Orde,,4 -- nrtr Rd 1 n t payer Rd 4 N °S� 3• St Semen Sl rta *n - t 4 6 5 'n m' 100 � groadY'g" N �yaSt W 0c Ch.q<, -- Oo °� C�rAe�,� 1 `dt 1_ s, X10 Done OorqqrL g M� r ya St O c �Rd 1 Mal v Defaults to show 1 week of activity 4 A y° =-D ® Internet p �qa 00 Pev, �r -I *� 100 CrimeMdpping.com - Nationdl Mdp - Windows Internet Explorer a— - I9 http:ilwww.crimemapping.com/map.aspx?aid=be2605fb-ae28-41aa-8F2f-C8c6a4SlaSaa EjIe Snagit Ild I Smiling Window V] CrkneMapping.com - Nat" Map A l -Page 7-- Tools r% 1 F* 1 r— Pr 1024 V F— I I'Au& RECEIVE CRIME ALERTS —It, lomniunities Try: 15 Market Square, Saint 3ohn, NB Crime Types Dates Address Agencies D =Lween 6/11/20 1 201 -1 JEL • J., '100 Rd - IL— 1P i Q Internet 100*/6 CrimeMapping.com - Nationdl Mdp - Windows Internet Explorer V_ http://www.crimemapping.com/map.aspx?aid=be2605fb-ae28-41aa-8f2f-O8c6a4SlaS&a File snagit LY Scrolling Window iv] CrimeMapping. com - National Map Enter an address. rir �.jl- �-011111)unibes Try: 15 Market Square, Saint Dates Address Agencies -011 - 6/17/2011 ICK then DRAG ;e Mini Icons A Pf Pnqe Tools, j re t P o 4. • .10 AL 125 Done E�j 0 Internet +'100% CrimeMdpping.com - Nationdl Mdp - Windows Internet Explorer 0--i 0 http://www.crimemapping.com/map.aspx?aid=be2605fb-ae28-41aa-8f2f-08c6a45la5aa File S-git & I Scrolling Window V, CrheMapping.c. - National Map FX I t* 1 r- 1r 1024 V F- I Uiu& -omniunities Try: 15 Market Square, Saint John, NB Crime Types Dates Address Agencies t,=Lween 6/11/2011 - 6/17/2011 CLICK then DRAG X f Use Mini Icons IF .• Av k 1uU v Ift. jr.0 DUI Zoom here Case Number: 211004976 Si Date: 6/16/2011 11:51 PM Location: 0 BLOCK C CARMARTHEN ST Description: IMPAIRED DRIVING MV OVER .08 ? Saint John Police Force Links • Saint John Police Force • Submit a Crime Tip for this Incident ant How close am I to this location? GDCM71N1 Page T,101S Z' Internet +%too*/. 10, http:// www. saintjohn. calenl homelcityservicesi publicsaFety /policelcrimetips.aspx F:g e " G!TSnagit ® t!d Scrolingi Window e' Saint John - Submit a Crime Tip Home City Services Public Safety > Police > Submit a Crime Tip iii Emergency Management Submit a Crime Tip Public Safety Communication If you have information regarding a crime, suspicious activity, suspicious Fire &Rescue person or anything else that you think that we should know about, please complete the form below. 0 Submit a Crime Tip DO NOT USE THIS FORM TO REPORT A CRIME IN PROGRESS OR AN crimemapping.com EMERGENCY REQUIRING ASSISTANCE AS SOON AS POSSIBLE! IF YOU Saint John Board of Police HAVE KNOWLEDGE OF A CRIME IN PROGRESS OR OTHER EMERGENCY, Commissioners CALL 911. is I�tiR1iO4iBx How do I submit a tip? By -Law Enforcement You may complete this form anonymously, or provide your contact Inspection & Enforcement information for follow up investigation. • Provide as many details as you can including... Who, What, When, Where and Hoerr Do You Know. • You may want to include details such as: "How frequently does the activity occurl)", "Does it occur more often during the day or night'", "Has there emergency LERT been any previous police activity at the location and if so, when? ", "Are there children involved) ", and "What have YOU seen'" • When describing a potential suspect, consider race, sex, height, weight, age, hair colour, eye colour, scars, tattoos, clothing. • Do you know his/her address' Hangouts? Employer% • Consider vehicle information, if applicable, such as make, model, colour, year, license, bumper stickers, etc. Police and Community LYOrking Together for a Safer Saint John. We serve and protect - with respect. • indicates a required field Name Q) 127 V1141,X I F7 IPI-I "I � Fj .,per � aTQ* Ej ® Internet *, 100% - A 1 VI C http:llwww.saintjohn.calen/ home/ cityservices/ pL"icsafety/police/crimetos.wpx 1t I LXI tNe Search File " ® Snagit ® ( Scfolling Window M, lk 4 10 5atft ]afn - submt a erine Tlp 17 Page - !3 Took » . indicates a r <quired Reld Name ( ?) Email ( ?1 Confirm Email Email address field Supports Anonymous (person§email.com) Reporting Confirm Email address field (IDate of incident ( ?) l IN too-MM -YYYY) Time of incident ( ?) 0 12:37 rrn or 22:7❑ i Details of your crime tip iPW tj ® Internet .+,100 k v http:/ /www.crimemapping.com /map.aspx? aid= be2605fb- ae28- 41aa- 8f2f- 08c6a4SlaSaa lit X I _ arch p',- File " © Snagit Scrolling Window v 7K f CrimeMapping.com - National Map ' ® ' page - 0 Tg* - » Enter an address. 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Type: D Descriotion: C Case *: Location: THEFT UNDER $5000 FROM A MOTOR VEHICLE 2 211005003 0 BLOCK MARKET SQ ® A ASSAULT COMMON 2 211005000 200 BLOCK GILBERT ST MISCHIEF UNDER $5000 2 211004998 500 BLOCK WESTMORLAND RD ® A ASSAULT COMMON 2 211004984 0 BLOCK BENTLEY ST ®j M MISCHIEF UNDER $5000 2 211004982 0 BLOCK MATTHEW LN OBREAK A AND ENTER 2 211004981 0 BLOCK WATERLOO ST IMPAIRED DRIVING MV OVER.08 2 211004976 0 BLOCK C CARMARTHEN ST ®j M MISCHIEF UNDER $5000 2 211004973 200 BLOCK W TOWER ST THEFT UNDER $5000 FROM A MOTOR VEHICLE 2 211004972 300 BLOCK W GUILFORD ST ® A ASSAULT COMMON 2 211004969 200 BLOCK E KING ST THEFT UNDER $5000 FROM A MOTOR VEHICLE 2 211004966 300 BLOCK W DUFFERIN RW ® A ASSAULT PEACE/PUBLIC OFFICER 2 211004955 0 BLOCK LANSDOWNE AV ® A ASSAULT COMMON 2 211004952 0 BLOCK CHARLOTTE ST ®j M MISCHIEF UNDER $5000 2 211004940 0 BLOCK N CORONATION CT AV Aaencv- Date: Saint John Police Force 6/17/2011 05:33 PM Saint John Police Force 6/17/2011 04:05 PM Saint John Police Force 6/17/2011 03:02 PM Saint John Police Force 6/17/2011 10:32 AM Saint John Police Force 6/17/2011 08:51 AM Saint John Police Force 6/17/2011 07:58 AM Saint John Police Force 6/16/2011 11:51 PM Saint John Police Force 6/16/2011 10:11 PM Saint John Police Force 6/16/2011 09:38 PM Saint John Police Force 6/16/2011 08:06 PM Saint John Police Force 6/16/2011 06:37 PM Saint John Police Force 6/16/2011 03:26 PM Saint John Police Force 6/16/2011 02:45 PM Saint John Police Force 6/16/2011 10:17 AM ® Internet T e 138 xi r' 1 F- Page - ^? 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Print Send a Link CrimeMapping.com - Map Saturday, June 11, 2011 through Friday, June 17, 2011 2 Showing crime types: Arson, Assault, Burglary, Disturbing the Peace, Drugs / Alcohol Violations, D.U.I, Fraud, Of �O Homicide, Motor Vehicle Theft, Robbery, Sex Crimes, Theft / Larceny, Vandalism, Vehicle Break In / Theft, weapons Prin Ong the ma i _ P E o µd J� Sany.•c �i Rd �, p-C �.. - o ear.s'+,, � 4 P Rtl � try Si n 1 .SW %a�G� HOC n�e 4 APB � - - a�.lerwRtl J - otc _ Mai ^� N E W B R U N J Gb g,N 1 �YSitla�� k Rrrer RO � B R U N S W I C K - Gres d u 9> oowva� Rd a G1* eot ""`y'- R' M Rd �p,6 St R =1J W' e too nW.,a 3 P d'�OB c�yti A M m db Cl` Q v pa )one Ej ® Internet l 100% — 139 Internet 100% - http:j /www.crimemapping.com/map.aspx? aid= be2605fb- ae28- 41aa- 8f2f- O8c6a4SlaSaa X I L,. d,rII, API -i Eile L Snagit ® I Scrolling Window a Crimel Iapping.COm - National Map i - Page - Tools - 11 W I C K John Crime Types L)dtca Address Delween 6/11/2011 - 6/17/2011 a P r 9p &asre Fleay Ry .41aW Rd Gre9� o c A Re 701 Qa aaY St hlenp It �a g 0�h Q� ^4a Enter an address. Agencies TuCVYd� Pa Pvc Y Jca Saner o z � Qa Oo 7 1 4 �brsr c, n 9 S 5 Crime Alerts _ �nt— Rn Satellite Labeled Satellite KkoY RU �{ a d $ C C Y � y9 NO eyR 4 cap v N E W 8 R U N S W I C K _ pa�OU� OiC eiyCk Rive. RO p.0 cle n p St J' od it J a F. =ca I Q;l 'W'"WO T 4 - r 140 ® Internet 100% - + http: / /www.crimemapping.com /subscriptions /subscribe.aspx if X I p - I File " ®� ® t!j Scrolling Window v (� CrirmMapping - Receive Crime Alerts Q P #8 - LL page Tools - A CRIMEiMAPPING Com Map Contact Help About omega SIGN UP AND RECEIVE CRIME ALERTS ,nd you community alerts and cr, Note: Be sure to add do- not- replyCwcrimemapping.com to your safe senders list. Step 1: Email Address Enter the email address that the email alerts will be sent to. Note: Your email aoaress will not be shared with any third parties. Step 2: Location of Interest Enter the address or intersection for the location that you are interested in. Step 3: Focus Your Email address: Confirm Email address: Email Format: Formatted HTML HOW IT WORKS report telling you exactly what crimes occurred and where they happend. YOUR PRIVACY Your email address and personal Location: 7/2)2009 ® When a crime with any third parties. You can © us /zoos occurs in your unsubscribe from our Community area we will send t/r /zoos and Crime Alerts at any time. OUR PLEDGE you an e-mail with a detailed report telling you exactly what crimes occurred and where they happend. YOUR PRIVACY Your email address and personal Location: information will not be shared ex: 3rd Street & Laurel Ave, San Diego CA with any third parties. You can unsubscribe from our Community Find Address and Crime Alerts at any time. OUR PLEDGE ving Satellite Labeled Satellite .ea We do not "scrape" data from other sites and we strive to = provide you with data that is = current and accurate. L Gultof - Read more • Me"Co Csnbbean Sea Distance around location: 1.0 kilometre V1 j Q Internet '+, 100°/ V !� V+ a http: / /www.crimemapping.com /subscriptions /subscribe.aspx , if X I I p'- 1 File " ® Snagit ® ( Scrolling Window v (� CrimeMapping - Receive Crime Alerts Page - 0 Took - » �L A CRIMEiMAPPING com Map Contact Help About omega SIGN UP AND RECEIVE CRIME ALERTS HOW IT WORKS you communlry alerts and cr, When a crime Note: Be sure to add do- not - reply @crimemapping.com to your safe senders list. ® 1/2/2009 occurs in your © V9/zoo9 area we will send V� /zoos Step 1: Email Address Your Email address: you an e-mail Enter the email address your email address with a detailed the email alerts wi Confirm Email address: report telling you to. your email address exactly what crimes occurred Email Format: and where they happend. Formatted HTML v YOUR PRIVACY Note: Your email actor Oes. t be -- shared with any third p Step 2: Location of Interest Location: ex: 3rd Street & Laurel Ave, San Oieoo CA Enter the address or 15 Market Sq. St John, NB, F21- intersection for the location that you are interest Crime found! We have crime data for this region. Step 3: Focus 19nd Rd voart St M9two st e U� Distance around location: 1.0 kilometre s I.br F .cl lel 32 c John `s ;n t� S< P mar Your email address and personal information will not be shared with any third parties. You can unsubscribe from our Community Find Address and Crime Alerts at any time. iiii■■ii6m OUR PLEDGE We do not "scrape" data from — 0 r3 other sites and we strive to N = y provide you with data that is t � - current and accurate. Read more VI Q Internet ±, 100% - V n http: / /www.crimemapping.com /subscriptions /subscribe.aspx File " ® ® l Scrolling Window v CrW.Mapping - Receive Crime Alerts Step 3: Focus Distance around location: How far around this location 0.5 kilometres do you want to focus this report? x '0 u ❑ P�1 u° page - Tools - » yame5 St Wi o n 6'.0 - Step 4: Crime Types Check All Clear All Check the box next to the crime types that you would 0 Arson ❑� Assault like to be notified about. Burglary ❑r Disturbing The Peace ❑� Drug & Alcohol Violations E DUI ❑� Fraud Homicide ❑� Motor Vehicle Theft D Robbery ❑� Sex Crimes Theft Larceny ❑� Vandalism ❑✓ Vehicle Break -In Theft ❑� weapons Step 5: Sex Offenders El Yes, I want a link to state sex offenders in my alert. By checking this box your alert will contain a link to sex offenders in the state you selected. Step 6: Almost there! Save Subscription Click the Save button to finish. v DCI A-rrn I MVC _rnoPr%DATG RITC -%r'. roll airrl% t JAr_j Q9rl "Lrc- ^ ynie nuare -n rininim "I _h ® Internet 100 e7 0 4 Crime apping -com Report - i crrrrie rfparred_ - Message R4rMQ To: cc Subje ct Rtpnrt -i Edme reported. RIME APPI J TH orn SGrIF; 3q.re 517M 1 10,02 A14 Type nescriptlDn 0 ASSAULT COMMON Alert Details Rectpicmt F4 F PIUII Location S"rrh risdiu Subscribed Crime Type(s) ■L,'i.T Case qtr Locatifln Agency 21 LOO4525 100 BLOCK Al TUCKER PARK RD Saint 39hn Pblicot Furte 5t John, NB, EN oats Map It 61313D11 IB, 30:00 Mao R AM (t -0 mite) Ar^gprl, A Smolt, Bur421bry, Dr#tijrbrnq the PCace, DrugOAltohol Vi (ilbtlOn�e Dul, Fraiud, Norr &ide, Motor Vi hitfe Theft, Rabbler,r, Sex Cnmes, TheWl- arccny, Vandalism, Vehicle Break- IrVTheft, WeaDarrs Questions about receiving Crime Alerts? visw.. o� it P.A.Q. page. � 144T ■w� ,ua ■+_ �yy �//� � ■■ 1 --6 nk }X 9Y ,r fi MM -Q blur riSl.hlL�; . 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RIME APPI J TH orn SGrIF; 3q.re 517M 1 10,02 A14 Type nescriptlDn 0 ASSAULT COMMON Alert Details Rectpicmt F4 F PIUII Location S"rrh risdiu Subscribed Crime Type(s) ■L,'i.T Case qtr Locatifln Agency 21 LOO4525 100 BLOCK Al TUCKER PARK RD Saint 39hn Pblicot Furte 5t John, NB, EN oats Map It 61313D11 IB, 30:00 Mao R AM (t -0 mite) Ar^gprl, A Smolt, Bur421bry, Dr#tijrbrnq the PCace, DrugOAltohol Vi (ilbtlOn�e Dul, Fraiud, Norr &ide, Motor Vi hitfe Theft, Rabbler,r, Sex Cnmes, TheWl- arccny, Vandalism, Vehicle Break- IrVTheft, WeaDarrs Questions about receiving Crime Alerts? visw.. o� it P.A.Q. page. � 144T ■w� ,ua ■+_ �yy �//� � ■■ 1 --6 nk }X 9Y ,r fi MM -Q blur riSl.hlL�; . HE Vll EGR l RGUP 91 CRIMEHAPPING.com TM A watched street is a safe street. —Jane Jacobs, The Death and Life of Great American Cities 145 V, (q) BY -LAW NUMBER M -23 A BY -LAW TO AMEND A BY -LAW RESPECTING THE STOPPING UP AND CLOSING OF HIGHWAYS IN THE CITY OF SAINT JOHN Be it enacted by the Common Council of The City of Saint John as follows: 1 A by -law of The City of Saint John entitled, "A By -law Respecting The Stopping Up and Closing of Highways In The City of Saint John ", enacted on the nineteenth day of December, A.D. 2005, is hereby amended by adding thereto Section 220 immediately after Section 219 thereof, as follows: 220 The City of Saint John does hereby stop up and close permanently the following portion of highway: WATER STREET: All that portion of Water Street, a public street in the City of Saint John, in the County of Saint John, in the Province of New Brunswick, comprising 645 square metres as shown on a Plan of Survey titled, "Plan of Survey Showing portion of Water Street, City of Saint John, County of Saint John, Province of New Brunswick ", prepared by Hughes Surveys & Consultants Inc. and dated September 8, 2011, attached hereto. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the day of , A.D. 2011 and signed by: ARRETE No M -23 ARRETE MODIFIANT L'ARRETE SUR L'INTERRUPTION DE LA CIRCULATION ET LA FERMETURE DES ROUTES DANS THE CITY OF SAINT JOHN Lors d'une reunion du Conseil communal, The City of Saint John a d6cr&6 ce qui suit: 1 Par les pr6sentes, Parretti de The City of Saint John intitule, « L'arr&d sur Finterruption de la circulation et la fermeture des routes dans The City of Saint John », d&cr6t6 le 19 d6cembre 2005, est modifi6 par Pajout de Particle 220 imm6diatement apres Particle 219, comme suit: 220 Par les presentes, The City of Saint John barre et ferme de fawn permanente la portion d'une route suivante : RUE WATER: La totalit6 d'unc pantie du Chemin Milford, une rue publique situ6e dans The City of Saint John, dans le comt6 de Saint John et dans la province de Nouveau - Brunswick, d'une superficie de 243 m2 6tant d&sign6e plus particulierement sur un plan d'arpentage indiquant une partie du Chemin Milford, Ville de Saint John, Comt6 de Saint John, Nouveau - Brunswick, prdpar6 par Kierstead Quigley and Roberts Ltd., dat6 du 21 avril 2011 ci- joint. 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 Mayor/Maire Common Clerk/Greffi6re communale First Reading - Premiere lecture — Second Reading - Deuxieme lecture — Third Reading - Troisieme lecture - 146 PUBLIC NOTICE Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending A By -law Respecting The Stopping Up and Closing of Highways In The City of Saint John" at its regular meeting to be held on Monday, September 26, 2011 at 7:00 p.m. to stop up and close the following highway: WATER STREET: All that portion of Water Street, a public street in the City of Saint John in the County of Saint John Brunswick, comprising 64 square metres as shown on Plan of Survey titled, "Pla of Survey Showing portio of Water Street, City c Saint John, Saint Joh County, New Brunswick' prepared by Hugh( Surveys & Consultants Ini and dated September 1 2011 attached hereto. AVIS PUBLIC Par les presentes, un avis public est donne par Icquel le conscil communal do The City of Saint John indique son intention de modifier N( arrete concernant la fermeture et le barrage do routes dans The City of Saint John)) lors de la reunion ordinaire qui se tiendra le lundi 26 septembre 2011 i 19 h afin de fermer et de barter ]a route suivante : RUE WATER : Tout le tron�on de ]a rue Water, une. rue. nublinnr mans The C1t7 of Sarnt John, comte de Saint John, daps la province du Nouveau- The proposed amendment and plan of the above described highwa; may be inspected by any interested person at the office of the Common Clerk, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m. Monday to Friday inclusive, holidays excepted. Written objections to the proposed amendment may be sent to the undersigned at City Hall. If you require French services for a Common Council meeting, please contact the office of the Common Clerk at 658 -2862, d'environ 645 m2, comme le montre le plan d'arpentage intitule: v Plan d'arpentage indiquant une pantie de ]a rue Water, City of Saint John, comte de Saint John, Nouveau - Brunswick o, prepare par Hughes Surveys & Consultants Inc. et date du 8 septembre 2011, ciJoint. Toute personne interessee peut examiner le projet de modification et le plan de la rue decrite ci- dessus au bureau de la greffrere communale i 116tel de ville au 15, Market Square, Saint John, N. -B., entre 8 h 30 et 16 h 30 du lundi an vendredi, sauf les jours feries. Veuillez faire part de vos objections au projet de modification par ecrit a 1'attention du soussigne i 116tel de ville. 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Cola Pt/M. eob. 3627 2 3a14 2 25504 2 27307 2 25150 2 Shol inq PM U&1 Of 'l lab V MR& , Mwkmt tint, Po ft d® b Rue WOW Ov of Sot* John WAe de S" John , UK John Oou* , Hew Bmwam k ComfA d;s SoM John MowDau— Wu�mwiak . Burvyed by/OR>0! lI76VtY4 4 OON6OL1' � 0. �11 Pa David Pa 1 362 Oda h40Y 2011 New en1M lad 9 ""- /Alpen1111I- �{pnl)•he all 9' N&Jv&nN-uMwlOs 4 0 t 6 12 16 1:200 7.2 ((�) City of Saint John INTERNAL INSERTION ORDER For City of Saint John use only : Budget Number: 110 0$01 442 ?010 Department_ _ Common Clerk's Office (Account # 712U6� Contact: Elizabeth Gormley Phone: (506) 658 -2862 Fax: (506) Special Instructions (if any): Refetence: 109 -113 Prince Edward Street and 27 Richmond Street 6-4 -4214 Newspaper Insertion Dates (Check as applicable) (SJTJ= Saint John Telegraph Journal) SJTJ City Information Ad SJTJ Independent Placement SJTJ Classifieds Date(s): Friday, September 2, 2011 Tuesday, September 20, 2011 Date(s): Date(s): Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, etc.) Section Headline: ❑ General Notice ❑ Tender ❑ Proposal ® Public Notice Sub - Headline (if applicable): Text: INSERT ATTACHED Call to Action: Elizabeth Gormley, Common Clerk/Greffiere communale Contact: Telephone: (506) 658 -2862 `EM AVIS PUBLIC Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending the Municipal Development Plan and the City of Saint John Zoning By -law at its regular meeting to be held in the Council Chamber on Monday, September 26, 2011 at 7:00 p.m., by: I. Redesignating on Schedule 2 -A and 2-C of the Municipal Development Plan, from Medium Density 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. Adding the following to the list of Approved Commercial Developments in sub - section 2.4.6.28 of the Municipal Development Plan: "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;" 3. Rezoning the same parcel of land from "RM- IF" Multiple Residential Infill to "B-2" General Business. REASON FOR CHANGE: To recognize the existing commercial uses and to permit a business office. The proposed amendments may be inspected by any interested person at the office of the Common Clerk, or in the office of Planning and Development, City Hall, 15 Market Square, Saint John. N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive; holidays excepted. Written objections to the amendments may be sent to the undersigned at City Hall. If you require French services for a Common Council meeting, please contact the office of the Common Clerk. Elizabeth Gormley. Common Clerk 658 -2862 Par les pr6sentes, un avis public est donnk par lequel le conseil communal de The City of Saint John indique son intention de modifier le plan d'am6nagement municipal et 1'arret6 sur le zonage de The City of Saint John, lors de la r6union ordinaire qui se tiendra dans la salle du conseil le lundi 26 septembre 2011 a 19 h, en apportant les modifications sui%antes: 1. la reclassification, a I'annexe 2 -A et 2 -C du plan d'am6nagement municipal, dune parcelle de terrain dune superficie d'environ 470 metres carres, situ6e an 109 -113, rue Prince Edward et 2'', rue Richmond, et portant le NID 00012468, de zone resideatielle de deasite moyeane a zone d'ameaagement commercial approuvi, 2. I'ajout de la parcelle de terrain suivante i la liste des amknagements commerciaux approuv6s i l'alin6a 2.4.6.28 du plan d'am6nagement municipal : u v) une parcelle de terrain d'une superficie d'environ 470 metres carr6s, situ6e an 109 -113, rue Prince Edward et 27, rue Richmond, et portant la NID 00012468;)) 3. la modification du zonage de la parcelle de terrain pr&it6e pour ]a faire passer de zone d'6dification de logements multiples sur terrain intercalaire a RM -IF » i zone commerciale gknkrale 44 B-2 a. RAISON DE LA MODIFICATION: Recouniitre les usages commerciaux existants et permettre uu bureau d'affaires. Toute persomie interess6e pout examiner lei modifications proposees an bureau de la greffi6re communale ou au bureau de 1'urbanisme et du d6veloppement i ]'hotel de ville au 15, Market Square, Saint John, N. -B., entre 8 h 30 et 16 h 30 du lundi an ticndredi, sauf les jours f6ries. Veuillez faire part de vos objections aux projets de modification proposes par 6crit i f'attention de la soussign6e a 116tel de ville. Si vous exigez des services fran�ais pour une r6union de Conseil Communal, sT vows plait contacter le bureau de la greffi6re communale. Elizabeth Gormley, greffi6re communale 658 -2862 W1] 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 with an area of approximately 470 square metres, located at 109 -113 Prince Edward Street and 27 Richmond Street, also identified as PID number 00012468, from "RM -IF" Multiple Residential Infill to "B -2" General Business - 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 AR.RETE No C.P.110- ARRETE MODIFIANr L'ARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors dune reunion du conseil communal, The City of Saint John a d6crete ce qui suit : L'arret6 sur le zonage de The City of Saint John, d6crete le dix -neuf (19) d6cembre 2005, est modifie 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 dune superficie d'environ 470 m6tres carr6s, situ6e au 109- 113, rue Prince Edward et 27, rue Richmond, et portant le NID 00012468, de zone d'edification de logements multiples sur terrain intercalaire << RM -IF » a zone commerciale g6nerale << B -2 » - toutes les modifications soot indiqu6es sur le plan ci joint ct font partie du present arrete. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le 2011, avec les signatures suivantes : Common Clerk/Greffiere communale First Reading - Premiere lecture Second Reading - Deuxieme lecture Third Reading - Troisieme lecture 151 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 lis Approved Commercial Developments sub - section 2.4.6.28: L'arr&6 relatif au plan municipal de The City of Saint John d6crete le 3 janvier 2006 est modifi6 par: 1 la modification de l'annexe 2 -A et 2 -C, relative au plan d'utilisation future des terres, afin de faire passer la d6signation d'une parcelle de terrain d'une superficie d'environ 470 metres carrels, situde au 109- 113, rue Prince Edward et 27, rue Richmond, et portant le NID 00012468, de zone rdsidentielle de densit6 moyenne A zone d'amelnagement commercial approuv6; t of 2 1'ajout de la parcelle de terrain in suivante it la liste des amelnagements commerciaux approuvds a 1'alinda 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 v) une parcelle de terrain d'une superficie d'environ 470 metres carrels, situde au 109 -113, rue Prince Edward et 27, rue Richmond, et portant le NID 00012468. » - toutes les modifications sont indiqueles sur le plan ci joint et font partie du pr6sent arretel. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le pr6sent arr6t6 le 2011, avec les signatures suivantes : Common Clerk/Greffiere communale First Reading - Premiere lecture Second Reading - Deuxi6me lecture Third Reading - Troisielme lecture 152 Planning Advisory Committee September 21, 2011 Your Worship and Councillors: P.Q. Box 1971 506 658 -2800 Saint John New Brunswick Canada E2L 4L1 SUBJECT: Proposed Municipal Plan Amendment and Rezoning 109 -113 Prince Edward Street City of Saint John On August 29, 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 September 20, 2011 meeting. Shawn Thorne, the applicant, appeared before the Committee and indicated that he was in agreement with the recommendation contained in the staff report. Mr. Thorne also responded to questions from the Committee regarding the onsite storage of vehicles related to the dealer's licence and loans business, stating there would be no storage of vehicles onsite related to these uses. No other persons appeared before the Committee and no letters were received with regard to the application. After considering the report and comments made by the applicant, the Committee adopted the Staff Recommendation with amendments to the Section 39 condition regarding vehicle storage as set out below. RECOMMENDATION: 1. That Common Council redesignate on Schedule 2 -A and 2 -C of the Municipal Development Plan, from Medium Density 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 number 00012468. 2. That Common Council amend subsection 2.4..6.28 of the Municipal Development Plan by adding the following to the list of Approved Commercial Developments: a. "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." 153 -2- 3. That Common Council rezone the same parcel of land from "RM -IF" Multiple Residential Infill to `B -2" General Business. 4. That, pursuant to the provisions of Section 39 of the Community Planning Act, the proposed development of 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 number 00012468, with commercial uses be subject to the following condition: a) There shall be no storage of vehicles onsite, whether for sale, display, or related to the dealer's licence; nor shall automobile repair operations on the subject site be permitted. Respectfully submitted, Colin Murray Chairman X Project No. 11 -185 154 The City of saint John DATE: TO: FROM: FOR: PREPARED BY: SEPTEMBER 16, 2011 PLANNING ADVISORY COMMITTEE COMMUNITY PLANNING PLANNING AND DEVELOPMENT MEETING OF SEPTEMBER 20, 2011 AW Jody Planner qz_'._� SUBJECT: Name of Applicant: Shawn Thorne REVIEWED BY: Ken Forrest, MCIP, RPP Commissioner Name of Owner: Gateway Property Management Location: 109 -113 Prince Edward Street PID: 00012468 Municipal Plan: Existing: Medium Density Residential Proposed: Approved Commercial Development Zoning: Existing: "RM -IF" Multiple Residential Infill Proposed: `B -2" General Business Proposal: To recognise the long - standing commercial uses and to permit a business office. Type of Application: Municipal Plan Amendment and Rezoning Application SAINT JOHN P.O. Box 1971 Saint John, NB Canada ER 4L1 I www.saintjohn.ca C.P. 1971 Saint John, N. -B. Canada E2L 4LI 155 Shawn Thorne Page 2 109 -113 Prince Edward Street September 16, 2011 JURISDICTION OF COMMITTEE: The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed amendments to the Municipal Development Plan and Zoning By -law. Common Council will consider the Committee's recommendation at a public hearing on Monday, September 26, 2011. STAFF RECOMMENDATION TO COMMITTEE: 1. That Common Council redesignate on Schedule 2 -A and 2 -C of the Municipal Development Plan, from Medium Density 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 number 00012468. 2. That Common Council amend subsection 2.4..6.28 of the Municipal Development Plan by adding the following to the list of Approved Commercial Developments: 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 3. That Common Council rezone the same parcel of land from "RM -IF" Multiple Residential Infill to "B -2" General Business. 4. That, pursuant to the provisions of Section 39 of the Community Planning Act, the proposed development of 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 number 00012468, with commercial uses be subject to the following condition: a) there shall be no display or storage of vehicles for sale or automobile repair operations occurring on site. BACKGROUND: The subject site has contained a number of commercial enterprises over the years, including a drug store, a doors and windows store, a used furniture store, a variety store, a restaurant and a laundromat. Although it is not clear from our files, it is assumed that all the various commercial uses that existed at the subject site prior to 1987 were subject to legal "non- conforming use" permits. In 1987, the Planning Advisory Committee approved a "similar non - conforming use" application for the establishment of a laundromat containing 24 coin operated machines in a portion of the ground floor of the building on the condition that a parking lot be developed to the rear of the building in a manner suitable to the Director of Planning. The parking lot has not been properly developed; however, vehicles do continue to park in this area. 156 Shawn Thorne 109 -113 Prince Edward Street Page 3 September 16, 2011 In June, 1989, the Committee approved a similar application to permit the operation of a ceramic store and the conducting of ceramic classes on the ground floor of the building. In May 1995, the Committee also approved the operation of a restaurant on the ground floor of the building. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has indicated that: All parking is to be provided for on site; A City approved water meter is required; It is assumed from the application that the general existing site and servicing conditions and entry /exit will remain unchanged. Should any site, servicing or driveway modifications be required, this Department must be contacted for further review and approval. Buildings and Inspection Services has no objection to the proposal but can advise that permits will be required for establishment of the business office. The Building Code concerns center on establishing proper fire separations within the building so as to protect the residential areas above. Saint John Fire Department has no objection to this application provided that the National Building & Fire Codes are adhered to, and the plans are submitted to the Fire Marshal's Office/Department of Public Safety Building and Technical Inspections Division for review. ANALYSIS: Site and Neighbourhood The subject site is located at the comer of Prince Edward Street and Richmond Street in the "Waterloo Village" area of the City. This area contains some of the oldest building stock in the City, with many of the buildings in a two -block radius predating the 20'b Century. This area of the City comprises a mix of various residential and commercial zones. The northern side of the Prince Edward Street block between Richmond Street and the intersection with Paul Harris Street, which includes the subject site, contains the "RM -IF" Multiple Residential Infill zone. The `B -2" General Business zone begins from the adjacent block to the south -west of the subject site and continues to Union Street, and contains the commercial heart of the Waterloo Village neighbourhood. In addition, the Prince Edward Square shopping centre is located directly across the street from the subject site. There are several two or three storey multi-unit residential dwellings in the area surrounding the subject property. Due to the historic character of the neighbourhood, several buildings found in the "B -2" zone involve a mix of ground -floor commercial establishments with residential units in the upper floors, which is permitted in the `B -2" zone. The applicant has indicated an interest in renovating the upper floors of the subject building, which are currently vacant, to establish six rental units with a mixture of two or three bedrooms per unit. The applicant will have to apply for a building permit if/when these units are developed, and any parking issues will be dealt with at that time. Currently, off -street parking is located to the rear of the property. In total, the site can provide approximately five parking spaces. Because the applicant is not introducing any new commercial residential space, the Zoning By -law does not require the provision of any new parking spaces. 157 Shawn Thorne 109 -113 Prince Edward Street Proposal Page 4 September 16, 2011 The applicant is seeking an amendment to the Municipal Development Plan designation for the above property from Medium Density Residential to Approved Commercial Development and a rezoning from "RM -IF" Multiple Residential Infill to `B -2" General Business. The applicant is seeking to establish office space for his investment company ( "Thorne investments "), as well as establish a vehicle dealership license for the portion of his business that relates to personal and vehicle loans. Although the applicant does not wish to keep, sell or repair vehicles on the premises, he will need a vehicle dealership license in order to sell or trade at auctions throughout the province. The proposed and existing businesses would be located within the existing building. The applicant currently runs his business from home, but would like to relocate to the Uptown area. The relocation of the "Thorne Investments" business to this area of the Uptown would bring desired reinvestment in a building and neighbourhood that has received a modest level of private investment in recent years. PlanSJ has identified this area of the City as one of the "Intensification Areas" that will be the focus of future investment strategies to encourage growth and redevelopment. As such, the proposed mixed -use development at the subject site is consistent with the long -term vision for the surrounding neighbourhood. Proposed Amendments The applicant's proposal is not permitted under the current Medium Density Residential designation and "RM -IF" Multiple Residential Infill zoning of the property. The present "RM -IF" zoning does not permit the use of a business office or retail store. Therefore, amendments to the Municipal Plan and Zoning By -law have been requested that, if approved by Common Council, would permit the applicant's proposal. The applicant proposes that the site be redesignated to Approved Commercial Development and that it be rezoned to `B -2" General Business. Normally, only a rezoning of the property would be required, as the Municipal Plan's general policies for Medium Density Residential areas do permit a limited range of small and/or neighbourhood- oriented commercial uses (subject, of course, to approval of a rezoning) where deemed appropriate. However, this area of the City is also subject to the more detailed policies of the Central Peninsula Neighbourhood Plan, which do not allow even local or neighbourhood commercial uses in a Medium Density Residential designation. Rather, they must be approved by Common Council as Approved Commercial Developments by means of an amendment to the Municipal Plan, in addition to being rezoned to a business zone. This additional requirement is in place to emphasize that one of the major goals of the Central Peninsula Plan is to protect and enhance the residential environment of the Central Peninsula neighbourhoods. The policies of the Central Peninsula Plan discourage the introduction of new non- residential uses into the residential neighbourhoods, especiall7 where the parcel in question adjoins residentially designated properties on two or more property lines . The subject site adjoins residentially designated land on only one side, therefore, the redesignation of the site for non - residential purposes should be subject to less scrutiny. 1 Policy 2.1.3 of the Central Peninsula Plan (incorporated as Section 10.2.1.3 of the Municipal Plan) states, "Except as provided far in Policy 2.1.4, it shall be the policy of the City of Saint John not to designate individual parcels of land for commercial uses where the parcel is adjoining a residentially designated land on two or more property lines." 158 Shawn Thorne Page 5 109 -113 Prince Edward Street September 16, 2011 Policy 2.1.4 of the Central Peninsula Plan (incorporated as Section 10.2.1.4 of the Municipal Plan) does provide for the possibility of such redesignations, stating as follows: 2.1.4 Where specific commercial developments are proposed for individual parcels of land that require redesignation of the land to a commercial designation, it shall be the policy of the City of Saint John that Common Council may approve such redesignation, subject to the following criteria: a) Regard shall be had to the policies contained in Section 2.4.4.5, 2.4.4.6 and 2.4.4.7 of the Municipal Development Plan. b) The implementing rezoning of the land shall restrict the use of the parcel to a specific proposal pursuant to Section 39 of the Community Planning Act. Sections 2.4.4.5, 2.4.4.6 and 2.4.4.7 of the Municipal Development Plan, referred to in the above -noted policy statement, are the Plan's general criteria for evaluating proposed rezonings for commercial uses in residentially designated neighbourhoods. These include criteria such as location on an arterial or collector street, limitation of the size of the commercial use, and measures to ensure compatibility with or, at least, minimal impact upon surrounding properties. Prince Edward Street is designated as a collector street, and therefore the proposal satisfies the first general criterion noted above. The anticipated impact that the proposed relocation of the retail store would have on the surrounding residential neighbourhood is negligible. Further, the value of maintaining a historic building in a part of the City that has not seen a significant amount of reinvestment in its building stock should be supported when possible, and outweigh any perceived negative impacts. Investing in such edifices helps preserve the existing character of the neighbourhood, while adding to the confidence and pride of the surrounding community. The recommended Section 39 conditions will clearly limit the nature and extent of the use to the applicant's specific proposal, as required by the policies of the Peninsula Plan. CONCLUSION: The subject site is located within a primarily mixed use block of the City's Central Peninsula. Given the property's location on a collector street, the impact of the proposed development on the adjacent community will likely be positive. In addition, the proposal results in the development of a mixed use project in a location where such uses are encouraged in the Growth Strategy and Draft Municipal Plan. Therefore, it is recommended that the application be approved subject to conditions limiting the use to the applicant's proposal. JK Project No. 11 -185 159 PLAWNING AND DEVELOPMENT /URBANISME ET DEVELOPPEMENT • 144 142 0 0 40 138 136 132 3� 128 128 / 24 0 1 55 48 44 40 J 76 . 2 i6 ,6 \ S • 81 ` 20 /��,' 0 C 1s —2 ` 1 114 1r 22 15 \ 1,2 1s 18 0 1 • t; C� F ,6 , \ 3 911 145 ♦ C3 4 10B ~�� 1313 112 �� / 2 141 y B9 / 105 4 \ �/� 5 • 13 / "J� C 13 104 10 102 17 ,27 \• - 2 If 100 16 20 12 �'•L Ale 94 • 1 + 88 / 86 76 74 72 70 72 112 66 64 0 Subject Site /site en question 19 12 v,1T 112 ' t 110 \ 10 ,o V C' 100 \ 85 91 \ C Location: 109 -113 Prince Edward Street Date: August 31, 2011 PID(s) /NIP(s): 00012468 Scale /6chelle: Not to scale /Pas a 1'6chelle 160 � ca J Ci ty of Saint John INTERNAL INSERTION ORDER For City of Saint John use only: Bud et Number: 1 14 0801 442 2010 Department: Common Clerk's Office (.Account # 71206 Contact: Elizabeth_Gormle Phone: 506) 658 -2862 Fax: 5061674- 42.1..4 Special Instructions (if anN ): Reference: Zontna by -law amendment— I Plaza Avenue Newspaper Insertion Dates (Check as applicable) (SJTJ= Saint John Telegraph Journal) .. SJTJ City Information Ad .. SJTJ Independent Placement - SJTJ Classifieds Date(s): Tuesday August 30`h, 2011 Tuesday September 20`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 ® Public Notice Sub - Headline if applicable): Text: INSERT ATTACHED Call to Action: Elizabeth Gormley, Common Clerk/Grefflere communale Contact: Telephone: (506) 658 -2862 KIM PROPOSED ZONING BY -LAW AMENDMENT RE: 1 PLAZA AVENUE 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, September 26, 2011 at 7:00 p.m., by: Rezoning a parcel of land having an area of approximately 2300 square metres, located at 1 Plaza Avenue, also identified as being a portion of PID No. 55107494, from "I -4" Heavy Industrial Park to "SC" Shopping Centre, as illustrated below. [INSERT MAP] REASON FOR CHANGE: To permit a parking area for employees of the shopping centre. The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Written objections to the amendment may be sent to the undersigned at City Hall. If you require French services for a Common Council meeting, please contact the office of the Common Clerk. Elizabeth Gormley, Common Clerk 658 -2862 PROJET DE MODIFICATION DE L'ARRETE SUR LE ZONAGE OBJET: 1, AVENUE PLAZA Par les presentes, un avis public est donne par lequel le conseil communal de The City of Saint John indique son intention d'etudier la modification suivante a Farrete sur le zonage de The City of Saint John, lors de la reunion ordinaire qui se tiendra dans la salle du conseil le lundi 26 septembre 2011 a 19 h : Rezonage d'une parcelle de terrain d'une superficie d'environ 2 300 metres carres, situee au 1, avenue Plaza, et etant aussie une partie du NID 55107494, de zone de pare d'industrie lourde I -4 » a zone de centre commercial « SC », comme le montre la carte ci- dessous. [INSERER LA CARTE] RAISON DE LA MODIFICATION: Permettre une afire de stationnement pour les employes du centre commercial. Toute personne interestee peut examiner le projet de modification au bureau de la greffiere communale ou au bureau de l'urbanisme et du developpement a Fh6tel de ville situe au 15, Market Square, a Saint John, au Nouveau - Brunswick., entre 8 h 30 et 16 b 30 du lundi au vendredi, sauf les fours feries. Veuillez faire part de vos objections au projet de modification par ecrit a Pattention de la soussignee A Fh6tel de ville. Si vous exigez des services frangais pour une reunion de Conseil Communal, s'il vous plait contacter le bureau de ]a greffiere communale. Elizabeth Gormley, Greffiere communale 658 -2862 11 � .` ` / ' � / ' ~ � ' � � \ .. .�� .` � � � / / ' / � / � , / `\ ' / / / . / | � . -- . . .� � Xll � ' | qj ^ ' . . -�� / . / . ' �~-�y . - - / / �� . 163 ° , ' 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 with an area of approximately 2300 square metres, located at 1 Plaza Avenue, also identified as being a portion of PID number 55107494, from "I -4" Heavy Industrial Park to "SC" Shopping Centre - all as shown on the plan attached hereto and forming part of this by -law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the * day of *, A.D. 2011 and signed by: Mayor /Maire ARRETE No C.P. 110 - ARRETE MODIIF L4,NT 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 nonage de The City of Saint John, decrete le dix -neuf (19) decembre 2005, est modifie par: La modification de i'annexe «A », Plan de nonage de The City of Saint John, permettant de modifier la designation pour une parcelle de terrain d'une superficic d'environ 2 300 metres carres, situee au 1, avenue Plaza, et dtant aussi une partie du NID 55107494, de zone de parc d'industrie lourde « I -4 » a zone de centre commercial S -C » - toutes les modifications sont indiquees 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 - Premiere lecture Second Reading - Deuxieme lecture Third Reading - Troisieme lecture 164 (aussi disponible en frangais) Type of Application ❑ Municipal Plan Amendment ❑ Subdivision ❑ Similar/ Compatible Use Zoning By -lave Amendment ❑ Variance ❑ Temporary Use ❑ Amendment to Section 39 Conditions ❑ Conditional Use ❑ Change / Re-establishment of ❑ Zoning Confirmation Letter ❑ Letter for Liquor Licensing Non - Conforming Use Contact Information Name of Applicant S Mailing Address of Applicant (with Postal Code) 115 . i n SkeA S Home Telephone Number -rSq — 'a5Ck� Work Telephone Number `�� ` �{1s�" Fax Number 'IN`isa- J13� E-mail �(��. &t 151 ..A fvN. Name of Property Owner (if different from applicant) r 10 z L1 � \ "!0(�Qlk-"/ �11C i Ode` � j7net , Mailing Address (vAth Postal Codes e� 1 m."een 5-;C - . Sii.ke aco Property Information J5,316 168 7 T lt1Q AV• (I f dx by Location l� Ivn Civic Street � PID Existing Use of Property VtKQ�� Proposed Use of Property r k i1y1Cf' Existing Plan Designation of Property C --' s "v Proposed Plan Designation of Property C.ess- P 168r Existing Zoning of Property ,:C— LA Proposed Zoning of Property ---$ Description of Application Describe what you propose to do (attach additional pages if necessary). Se, , "&, NOTE: If the applicant is NOT the owner, the ONner's Signature or authorization (in writing) to submit this application is required. ,( Signature ofAppli ; -✓ — Signature of Owner Date C41A �� O Date T� For Office Use Onh- Reviewed by Date Development Officer Information Accompanying Application: ❑ Letter of Intent ❑ Tentative Subdivision Plan ❑ Floor Plans ❑ Site Plan ❑ Building Elevations ❑ Sign Drawings ❑ Fee ❑ Other ♦� `: P.O. Box 1971 Saint John, NS Canada E2L 4L1 www.saintjohn.ca C.P. 1971 Saint John. N.-B. 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NOiw �`sa x�m" oud. av oas`"r°nwsr° ec mrm �°•4�na�".m a• r B- DUCTBANK DETAIL I • h a Gamh n+.lwa4 ` aLLr.alr SWEYS ne WESTSMNTJOHN. N6 PARKING LOT EXPANSION PLAN AND DETAIL$ EL—TgIQAL SYMBOLS llarrxc OREZFL AS INDICATED .oaxrw w110BBE01 �E01 C OR &ASSOCIATES INC. a�� Cxrto'x� ---' O IRIM11010E COIIIAIWW FIWIFEL +m nwmn awe wwaa>I leas. Pssx•'ia.' aeaw PY: xr Duo» PL:ROPERTY PID S.ff94/L9 0 ,.riA ACRES - i PLAZACORP PROPERTY J ; HOLDINGS INC. PID:55189160 ' — - lREA: 19 =041 S I I (A,,, NT1RE7 I PLAZACORP PROPERTY HOLDINGS INC. CO IPIP p 1328133ro - PID:00797630 AREA 3A9 ACRES I --- _ —__ _ CANAOUNTIRE� ESTATE L PROPOSEDC700 PID. 00032811 STORE 4 .mow HOLRE 1 i , I I tRRE.JFar. rallmYOSE, l b b PROI'C'S'Fl: II .;PU•Z`hPE'VSLT0 N& b I 'IC .mri -i ' p c.1!JADIAPI 1. ,P�, 391-P SF b b l TIRE � - - - FAIKYIuc w om I I• PP+dP`SEL'• SOBEYI ` I 1 Q. P '9 • 9r •9 9. -9 ! I . � 1 PLAZACORP PROPERTY HOLDINGS Mc k PID: 0028619S i - AREA. 2AACRES ----------------- T LEGEND 0 CTC CROSS ACCESS RO.OW'Y PLAZA CROSS ACCESS ROADWAY n PLAZA CROSS ACCESS ROADWAY TO BE MAINTAINED BY CYC •- • - - -- SITE BOUNDARY . . - . EXISTING INTERNAL PROPERTY BOUNDARY - - -- ADJACENT PROPERTY BOUNDARIES COBALTPROPERTES LIMITED PID: 00016713 ARFA113.011 SF I I I I -PORp PROPERTY HOWINGS INC. HOME HARDWARE PIP: 55107,9'1 STORES LTD i REA; 609675F -- - -�' PID: 00034504 AREA 1.34 H. 3s -rM HOME HARDWARE S TORES LTD } PID: 55013725 W. -.t.� rr r. • Z AREA 97575 SF I ' I II •,, rum ^.�e�w -- - -� -� ~- — rw �T85E � NO>;<TiE•.'+i PIP:C6JE E•=1'I !c.'r � _ _ _ _ Y PLAZACORP PROPERTY HOLDINGS INC. ~^ RD: 00117526 -'__- _--- ___ -�_ -- ARlik-81.E065F - -'� -- - -� AY IOn - -- - - - - -- -- - - - - -- - SAINT IOHN TNROIIGI'N'1 1r�i go In 2=1 Om C-0 r- M Z a t KEYPLAN g Ammum- PLfltfl August 5, 2011 VIA EMAIL AND REGULAR MAIL Planning and Development Department City of Saint John City Hall, 10th Floor Saint John, NB E2L 4L1 Attention: Mark Reade, Senior Planner Dear Sir: RE: Re- Zoning Application by Sobeys for Fairville Boulevard Plaza, West Saint John Development I act as Secretary for Plazacorp Property Holdings Inc., the owner of lands that run through our Fairville Boulevard Plaza having PID No. 55107494 (the "Lands "). Plazacorp has leased a portion of the Lands as marked in yellow on the attached drawing to Sobeys Group Inc. (the "Sobeys Premises ") for use as an employee parking lot. On behalf of Plazacorp, I hereby consent to Sobey's application for re- zoning the Sobeys Premises from its current "Industrial" designation to "Shopping Centre" which will permit Sobeys to construct the new parking lot as shown on the second attached drawing by Gemtec. We trust that you will find the above to be in order, but please contact me with any questions or concerns you may hare. Yo very truly, P A CORP P PERTY HOLDINGS INC. James M. Petrie Secretary and Corporate Counsel /vp c. c. Brian Hughes, Sobeys Group Inc. 527 QUEEN STREET SUITE 200 FREDERICTON, NB E3B 1118 TEL. 506.451 • 1826 FAX 506 • 451 • 1802 www.plg69. ca Envice Now Brunsvifick Map Scale i cu eilr cortographique I , 2344 E?P6ril or -ur !,% '-,aet6� taken to ensu.,--i- V.46.. 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' us..r uu"w6 90lnm RRNIUlA0.BL9BAE£' ANY RGVNArplPMwN°APEA9 WI1m1111°'1®oumN°wEr PEOtIPN9VrENJAD "At£A. FD6IFON°If/nP.TFNYB°IFIIRE MIN taw,xluawow wfrrtxEBltNFnvaEtr rgORtOBarNUn°N w• tNe n YN Yuusuuulm wcrt aLeatae DETAIL 1: PAVEMENT SECTION —NOTMo E /-P °PiPf Mya l°gAUV.Wm / v.MBPptxroBYBfYTt ;cam -r • ;.: \�-- 6LCPE]:1 ITYII ) B A I r`ll \I \Il xt' -`I A..4Bwlwul ro BE w waItWtE. vuY. 61°N tBtuRlm tA It aMYE.8IEEL R.LmwRY° It.'a'% Xt•. BOBf. IOBT TN .BE BE Fr1 iDID ATILAB!'JYnn MIOO!')flYO. NTEB°ro 3n Nt rKA'.Unm IR0.N°m aott°roN OParxl DETAIL 2: EMPLOYEE PARKING SIGN txBp1 PYAaIw1IRY aCAlB ) RwI11ElO1wIW �P.CL.II°IE NStBI WYK°n°u puP6°PBIh: afro 9111 Yy'.4TEBSYF DETAILS: STORM DRAIN CONNECTION —Morro rr• F D Il ouoeRx.veBNWOI I �efMOMD w'EC6IWTICNB ogslONS sro � o b� O — • � — canBmucnavuwr � MOf PAIL (� �nuxmuuw - -.0 . —� altwMLNR11 -- E° u� �Y 03 G1tHBtBw w ttwwtf WlM61lY M1°°M1RN.TYw MRWIIIAI'�I "! cYV•s•UIYNOYC� NIlFO W18>i D� ®mr� ..m�.Na,wErzra.:twwiutam �w�ax ww �r°raY nr�. e ®nnla.�wm ec•`nmw r.c� m'�au.°'tia. .: trtrt'i'eo�aac.Mrpi..nwatasttiE Y s +0 1 SECTION A-A .I •w .. . • .m ,..> . e c•t n., r . e w.. ww r .I e.� s SECTION 68 w wr+ SOBEYS 778 Ij WEST SAINT JOHN, NO vROPOBfoaAwR° �_ _� PARN]NG LOT EXPANSION w� PLAN AND DETAILS SECTION C•C AS INDICATED sozeaeaa SECTION P8... GEMTEC SECTIONS — WAL21e26 171 Planning Advisory Committee September 21, 2011 Your Worship and Councillors: P.O. Box 1971 506 658 -2800 Saint john New Brunswick Canada E21, 4L1 SUBJECT; Proposed Rezoning - 1 Plaza Avenue City of Saint John On August 29, 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 September 20, 2011 meeting. Mr. Joseph Driscoll with Sobeys Developments / Empire Company, the applicant, attended the meeting and indicated he was in agreement with the staff recommendation. Mr. Driscoll responded to questions from Committee members relating to discussions with adjacent landowners and existing parking requirements for the Sobeys / NB Liquor operations. No other persons spoke in favour of or in opposition to the application and no letters were received relating to the application. Following consideration of the report and presentation, the Committee adopted the staff recommendation. The Committee also approved three variances relating to the proposed parking area. RECOMMENDATION; That Common Council rezone a parcel of land with an area of approximately 2300 square metres, located at 1 Plaza Avenue, also identified as being a portion of PID No. 55107494, from "1 -4" Heavy Industrial Park to "SC" Shopping Centre. Respectfully submitted, Colin Murray Chairman NM Proj ect No. 11 -223 172 The city of Saint John DATE: TO: FROM: FOR: SEPTEMBER 16, 2011 PLANNING ADVISORY COMMITTEE COMMUNITY PLANNING • PLANNING AND DEVELOPMENT MEETING OF SEPTEMBER 20, 2011 PREPARED BY: A Mark Reade, P. Eng., MCIP, RPP Senior Planner SUBJECT: REVIEWED BY: Ken Forrest, MCIP, RPP Commissioner Name of Applicant: Sobeys Developments Name of Owner: Plazacorp Property Holdings Inc. Location: 1 Plaza Avenue (project file 917 Fairville Boulevard) PID: 55107494 (portion) Municipal Plan: Service Corridor Zoning: Existing: "I -4" Heavy Industrial Park Proposed: "SC" Shopping Centre Proposal: To construct a parking area for employees of the shopping centre. Type of Application: Rezoning and variances to: • reduce the aisle width from 7.5 metres to 7.0 metres; • reduce the required separation between a parking area and a side or rear property line from 1.5 metres to 0 metres; and • increase the number of parking spaces in a row to 33 from the by -law requirement of 30. 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 173 Sobeys Developments Page 2 1 Plaza Avenue September 16, 2011 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. The Committee recommendation will be considered by Common Council at a public hearing on Monday, September 26, 2011. The Community Planning Act authorizes the Planning Advisory Committee to grant reasonable variances from the requirements of the Zoning By -law. The Committee can impose conditions. STAFF RECOMMENDATION TO COMMITTEE: 1. That Common Council rezone a parcel of land with an area of approximately 2300 square metres, located at 1 Plaza Avenue, also identified as being a portion of PID No. 55107494, from "I -4" Heavy Industrial Park to "SC" Shopping Centre. 2. That the Planning Advisory Committee grant variances to: a) reduce the aisle width from 7.5 metres to 7.0 metres, b) reduce the required separation between a parking area and a side or rear property line from 1.5 metres to 0 metres, and c) increase the number of parking spaces in a row to 33 from the by -law requirement of 30. BACKGROUND: In 2008 the Committee and Council considered an application rezone the adjacent property (PID 00397620) and a portion of the subject property (PID 55107494) to develop a shopping centre (4400 square metre retail store). The Committee recommended that Common Council rezone the property subject to the following Section 39 Conditions: a) The developer must pave all parking areas, loading areas, manoeuvring areas and driveways with asphalt and enclose them with cast -in -place concrete curbs to protect the landscaped areas and to facilitate proper drainage; b) The developer must provide adequate site drainage facilities in accordance with a detailed drainage plan, prepared by the developer and subject to the approval of the Chief City Engineer or his designate; c) The developer must provide all utilities underground, including power and telephone from the existing overhead facilities; d) The developer must landscape all disturbed areas of the site not occupied by buildings, driveways, walkways, parking and loading areas, including a minimum of 6 metres (20 feet) inside the front 174 Sobeys Developments Page 3 1 Plaza Avenue September 16, 2011 property line abutting Fairville Boulevard, and the required landscaping must extend onto the City street right -of -way to the edge of the City curb /sidewalk; e) Direct street access to the site is limited to a maximum of one driveway on Fairville Boulevard, as generally indicated on the submitted proposal, the exact location and design of which is subject to the approval of the Chief City Engineer or his designate, and which shall include any necessary modifications to the Co -op entrance on the opposite side of Fairville Boulevard; f) The developer must install traffic signals at the intersection of the shopping centre /Co -op entrance and Fairville Boulevard in accordance with the specifications of the Chief City Engineer; g) The site shall not be developed except in accordance with a detailed site plan, landscaping plan and building elevation plans, prepared by the developer and subject to the approval of the Development Officer, indicating the location of all buildings, parking areas, driveways, loading areas, signs, exterior lighting, exterior building materials and finishes, landscaped areas (including location and types of planting materials) and other site features; h) The approved plans mentioned in conditions (b) and (g) above must be attached to the application for building permit for the development, except that such plans are not required for permit applications for site preparation and/or foundation only; i) All site improvements shown on the approved site plan, landscaping plan and drainage plans, except for landscaping, must be completed prior to the opening of the facility for business; and the landscaping must be completed within one year of building permit approval; and further that upon 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. The Planning Advisory Committee, at its January 15, 2008 meeting, also granted a variance to reduce the minimum required side yard from 15 metres (50 feet) to 4.87 metres (16 feet) adjacent to the existing Canadian Tire property. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has no objections to the proposed rezoning and variance application for 1 Plaza Avenue. The applicant's engineering consultant must submit detailed storm water management plans and a design brief to this Department for review and approval. Buildings and Inspection Services has no objection to the proposal. Maritimes & Northeast Pipeline, Enbridge Gas, and Brunswick Pipeline have been notified of the application. Maritimes & Northeast Pipeline notes the applicant / consultant / contractor must call for locates prior to any ground disturbance. Brunswick Pipeline notes the area is clear of their facilities. 175 Sobeys Developments 1 Plaza Avenue ANALYSIS: Subject Site and Proposed Development Page 4 September 16, 2011 The subject site is located northwest of the existing Sobeys store on Fairville Boulevard and immediately southeast of the Canadian Tire property. The site is currently undeveloped and has a width of 13 metres and an area of 2274 square metres and is relatively flat with elevations between 17 and 18 metres geodetic. The site is bounded to the southeast by vacant privately held lands and to the northeast by the Home Hardware site. Access to the proposed parking lot is provided by a private connector road between the Canadian Tire and Sobeys / NB Liquor sites. The proponent has applied to rezone the site from "I -4" Heavy Industrial Park to "SC" Shopping Centre to allow for the construction of a parking area for employees of the Sobeys store. Surrounding Area The adjacent Canadian Tire, Sobeys, NB Liquor and Plazacorp developments are zoned "SC" Shopping Centre and "SC -2" Shopping Centre. The remaining area on the southeast side of Fairville Boulevard contains commercial uses and is zoned "I -4" Heavy Industrial Park and "I -1" Light Industrial. Lands on the northwest side of Fairville Boulevard also contain commercial uses and are zoned "B -2" General Business, "I -1" Light Industrial and "I -3" Light Industrial Park. Municipal Plan Direction The subject site lies within the Service Corridor designation of the Municipal Plan and the proposed development is consistent with this designation and surrounding development in the area. The proposed "SC" Shopping Centre zone is in conformity with the Service Corridor designation. Municipal Plan criteria pertaining to shopping centres and the required traffic and market studies were met for the original rezoning of the main site. Staff is of the opinion that the development is in conformity with the Municipal Plan. Growth Strategy The area of the development is located within the Primary Development Area boundary established in the Growth Strategy and shown on the Draft Municipal Plan mapping. The subject lands are designated as Regional Retail Centre in the Draft Municipal Plan. Staff are of the opinion that the proposed development conforms to the intent of the Draft Municipal Plan. Zoning By -law Considerations The proposed parking lot meets the requirements of the Zoning By -law for the "SC" Shopping Centre zone and the landscaping requirements of the Zoning By-law. The rezoning is required as a shopping centre and associated parking are not permitted uses in the "I -4" Heavy Industrial Park zone. Requirements for parking areas are also met, with the exception of three requested variances that are discussed in a later section of this report. 176 Sobeys Developments Page 5 1 Plaza Avenue September 16, 2011 Requested Variances Three variances are requested based on the site plan that has been provided with the building permit and rezoning applications. These variances are to: • reduce the aisle width from 7.5 metres to 7.0 metres; • reduce the required separation between a parking area and aside or rear property line from 1.5 metres to 0 metres; and • increase the number of parking spaces in a row to 33 from the by -law requirement of 30. The reduction in aisle width is supported by Staff as it is required due to the width of the site. Staff also note that the parking will be for employees which limits the turnover of vehicles in the parking area and thus reduces the volume of vehicles accessing the parking area. The reduced separation between the parking area and property line from 1.5 metres to 0 metres is also required along three sides of the site. Staff support this request as two of locations are adjacent to the Canadian Tire parking area and the internal access connection between the Sobeys and Canadian Tire sites. The third side where the applicant is seeking the reduction is adjacent to the privately held undeveloped lands that are adjacent to the Throughway. The applicant is proposing to restore any disturbed landscaping in this area. The increase in the number of parking spaces in a row from 30 to 33 is also supported by Staff. The intent of this requirement is to effectively provide a physical separation in the design of large -scale parking areas used by the Public in commercial developments. Given that the proposed parking area will be for staff, combined with the dimensions of the site lead Staff to support the request. Staff also note the variance will allow for a reduction in paved area at the site thus reducing the amount of stormwater runoff. Access and Site Drainage The site will be accessed by the internal connecting roadway between the Canadian Tire and Sobeys sites. A stormwater management plan and design brief have been prepared by the applicant's consultant as part of the Building Permit application. CONCLUSION: The subject site is located within the Fairville Boulevard Service Corridor. The proposed rezoning is supported as it is consistent with the Municipal Plan and surrounding development. Approval of the three requested variances relating to the parking area are also recommended. MR Project No, 11 -223 177 PLANNING AND DEVELOPMENT /URBANISME ET DEVELOPPEMENT p b b � w r :I, i : • 3 I_ 4 ;. _ ii S C •" 1- 4 s• LS - I�I m e B-2 ,4 • •,� r SC -2 a o • Subject Site /site en question: P1D(s) /NIP(s): 55107494 (portion) Location: 1 ave. Plaza Av. Date: August 19 aout 2011 Scale /6chelle: Not to scale /Pas ;A I'echelle 178 e. 5 qi o o �w ilk �$ l § ;1 II I m ! I S ! 9 Fe Gam` ,l K 'Si 'r1i m N ... i 8 rA LU C` 1 g� gg ,\ J p �� a Lu � I PH pry_,.:- - -- 'i , -- -- -- �•� .'1e' '.,'"- .�;,an w cot �'1= .._�fF :i' ~_',�rTl'_ -.T, —.•,T,; ,':� .. '� ��` �� O I\ —'i5 X��O z b bl 1 t. I a 1 b L 5 p ry i It a m 179 �Ahi M!, DA- I I lit I F-17 1 j � : r l i � e � gp9paR� � � � � 6 5 � q� R � � R � p� y� r ,77 Pi Zip sill I I lit I, I S I m, 1�1 P, I s I I A p 11 i 1w i I I I IV 1; 'y x E w Eli Ra, i I q 11 1 N, Nil illy \IF 01 WE BY -LAW NUMBER C.P. 121 -003 ARRETE No C.P. 121 -003 A BY -LAW TO AMEND THE SAINT ARRETE MODIFIANT VARRETE DE JOHN SUBDIVISION BY -LAW LOTISSEMENT DE SAINT JOHN 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 edicte follows: ce qui suit: The Saint John Subdivision By- law, enacted on the nineteenth day of December, A.D. 2005, is amended by: 1. Deleting the definition of "Department of Health" (ministere de la Sante et du Mieux-etre) in Section 2; L'Arrete de lotissement de Saint John, edicte le dix -neuf decembre 2005, est modifie comme suit: 1. L'article 2 est modifie par la suppression de la definition du ministere de la Sante et du Mieux- etre » (Department of Health). 2. Deleting subsection 25(2) and 2. Le paragraphe 25(2) est supprime et replacing it with the following: remplace par : "25(2) The Development Officer shall not approve any Subdivision Plan of land by which a municipal sanitary or comined sanitary/storm sewer main does not run unless such plan prominently displays the following statement: The approval of this Subdivision Plan by the Development Officer does not constitute and shall not be construed as a warranty or representation that any lot shown hereon is suitable or can economically be made suitable for any manner of on -site sewage disposal;" 3. Deleting Section 28; o 25(2) Vagent d'amenagement n'approuve pas un plan de lotissement d'un terrain oix it y a absence dune conduite d'egout municipal sanitaire ou d'une conduite d'egout sanitaire et pluvial combine a 1'exception dun plan qui affiche bien en vue 1'enonce qui suit : L'approbation du plan de lotissement par Vagent d'amenagement ne constitue pas et ne doit pas etre consideree comme une garantie ni une representation que tout terrain dans la presente est convenable ou peut etre convenable sur le plan economique pour quel que soit le type de reseau d'evacuation des eaux usees. » 3. L'article 28 est supprime. 4. Repealing Section 4(a) of Schedule A 4. and substituting the following: "(a) Where required sanitary sewers (mains and laterals and pollution control) design and construction to be approved by the Commissioner except in unserviced subdivisions;" 5. Deleting Section 4(b) and 4(c) of 5. Schedule A. 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: L'annexe A est modifiee par 1'abrogation du paragraphe 4(a) et son remplacement par: << (a) Egouts sanitaires (egouts collecteurs, conduites secondaires et prevention de la pollution) : conception et amenagement a etre approuves par le commissaire a 1'exception des lotissements non amenages. » L'annexe A est modifiee par la suppression du paragraphe 4(b) et du paragraphe 4(c). EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le * jour de * 2011, avec les signatures suivantes 181 Mayor/Maire Common Clerk/Greffiere communale First Reading - September 12, 2011 Premiere lecture - le 12 septembre 2011 Second Reading - September 12, 2011 Deuxieme lecture - le 12 septembre 2011 Third Reading - Troisi�me lecture - :. The City of Saint John September 26, 2011 His Worship Ivan Court And Fellow Members of Common Council Your Worship and Councillors: SUBJECT: Budget /Pension /Options Given the stated objective of Council — not to increase taxes — and the requirement to set budget with the full understanding of our obligations, i am submitting the following motion: That the City Manager be directed to: 1. Prepare and present a step -by -step approach including a time line that spells out the required pension, regulatory and legislative changes that would allow Council to set a budget with the stated objective. 2. Prepare and present to Council the options to maintain our tax rate without said changes. Respectfully submitted, Christopher Titus Councillor at Large (received via email) ,rte''••~" �r .r SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L I I www.saintjohn.ca C.P. 1971 Saint John, N. -B. Canada E2L 4L1 183 The city of Saint John September 26, 2011 Your Worship Ivan Court Members of Common Council City of Saint John Dear Mayor Court and Members of Council: Motion: Regular Meetings of Common Council will begin no later than 7:00 pm. This council has made great strides in making our council meetings open and available to the public. The use of technology to expand our availability from Rogers cable to include webcasting and through our Rogers partnership the online availability of past meetings gives our residents excellent opportunity to hear our decision making first hand. Unfortunately several of our recent Committee of the Whole meetings have run beyond 7:00 pm, the time that we must start for Rogers to be able to record our meetings. We need to ensure that we meet this deadline on a regular basis to allow residents to have access to our meetings. Respectfully Submitted, Gary Sullivan (received via email) SAINT fOHN P.O. Box 1971 SainlJahn, NB Canada E2L41 1 mvw.saingohn.ca I C.P. 1971 Saint John, N.-B. Canada E2L4L1 'I J 'r The City of saint John September 26, 2011 Your Worship Mayor Ivan Court & Members of Common Council: Issue: Quinton Heights Park Enhancement — Heritage Canada Opportunity Context: • There appears to be an opportunity for this neighborhood to apply for federal agreement funding through Heritage Canada. • The neighborhood will complete the application which must be submitted by September 3otn • This may also be an opportunity for our new Intergovernmental Affairs Officer to assist. • Written support from the City of Saint John would greatly enhance this application. Motion: That on behalf of Mayor and Council, direct the Common Clerk's office to draft a letter of support for the M is signature, for the Quinton Heights neighborhood in their quest for Heritage Canada fundi"n fRespectfully submitted, r' Peter McGuire Councillor —City of Saint John SAINT JOHN P.O. Box 1971 Scant John, NB ('armt-ia E2L 4L1 I wwvv sainijohn.ra I C.P. 1971 Saint Jchn, N. -B. Canada E2L4L1 185 REPORT TO COMMON COUNCIL OPEN SESSION M &C2011 -240 September 26, 2011 His Worship Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT City of Saim John Demolition of a dilapidated and vacant building at 18 -20 Bryden Street (PID 375626) BACKGROUND The building at 18 -20 Bryden Street is a fire- damaged, dilapidated, and vacant two- storey residential building. The building is approximately Im and 4m from residential buildings at 22 Bryden Street and at 141 -145 Durham Street respectively and has a minimal set back from the sidewalk. The building suffered from a structure fire on December 16, 2009 and has been vacant since. A Fire Marshal Order to demolish the building was issued to the owner February 9, 2011 by an official of the Saint John Fire Department. The owner subsequently appealed the Order and was granted an extension contingent on several conditions however; two of the three conditions were not complied with. The building has remained vacant since the said fire, and has been left unsecured on the top level, and combustible materials have not been removed from the premise. The building has repeatedly become open to the public, and its vacant and dilapidated condition leaves the building as a possible target for arson, vandalism, or criminal activity. These activities may devalue property in the area and/or pose a hazard to the safety of the public. The property is unsightly because of the dilapidated building and the various debris and rubbish that have been left on the property. The unsightly condition may devalue properties in the area. The debris may create a tripping hazard in the event that emergency personnel are called to the property and may also act as fuel to ignite a fire. :. M & C 2011 — 240 - 2 - September 26, 2011 The building is dilapidated because of the poor condition of its interior and exterior. The interior of the building is badly fire damaged, especially at the upper level, and where viewable at the ground floor level, it was noted that there is fallen material that poses a tripping hazard and could possibly act as fuel for a fire inside the building. The exterior condition is poor as it is fire damaged in several locations, there are holes in the siding and in the exterior walls at some locations, and several windows are broken. Broken glass from windows remains on the premise and on the sidewalk and poses a hazard to the safety of the public. The owner recently met with staff to request a time extension so that he can sell the building, or if unsuccessful, repair the building. However, he also explained that he lacks the funds to undertake any remedial actions. To date, no permit has been applied for and the property has not changed ownership. Due to the hazards to the safety of the public as outlined above, regarding dilapidation and vacancy, a Notice to Comply was served to the registered property owner on August 17, 2011. The Notice required compliance within 28 days of service and provided 14 days for the owner to appeal. No appeal to the Saint John Substandard Properties Appeal Committee was received. Attached for Council's reference is the Notice to Comply that was issued, the affidavits attesting to service of the Notice to Comply to the owner and photographs of the building. The Municipalities Act indicates that where a Notice to Comply has been issued arising from a condition where a building has become a hazard to the safety of the public by reason of dilapidation, unsoundness of structural strength, or being vacant or unoccupied, the municipality may cause the structure to be demolished. As required in the Act a report from an engineer is attached, forming part of the issued Notice to Comply, and provides the evidence to the building's dilapidation, vacancy, and hazard to the safety of the public. As is written in the Act that a municipality must commence in the proceedings of remedial action, approval of Common Council is required prior to starting demolition activities at this property. The cost of demolishing the building is estimated to be $12, 000 - $15, 000 and could be complete within the next 8 weeks. As provided in the Act, the cost of the remedial actions will be billed to the registered property owner. RECOMMENDATION Your City Manager recommends that Common Council direct one or more of the Officers appointed and designated by Council for the enforcement of the Saint John Unsightly Premises and Dangerous Buildings By -law, arrange for the demolition of the building at 18 -20 Bryden Street, PID# 375626, in accordance with the applicable City purchasing policies. 187 M & C 2011 — 240 - 3 - September 26, 2011 Respectfully submitted, Pamela Bentley, P.Eng. Technical Services Engineer / Standards Officer Buildings and Inspection Services Amy Poffenroth, P.Eng. MBA Deputy Commissioner Buildings and Inspection Services Patrick Woods, CGA City Manager CANADA PROVINCE OF NEW BRUNSWICK COUNTY OF SAINT JOHN CITY OF SAINT JOHN �l _jN-.THHE.MATTER OF THE BUILDING THAT IS LOCATED AT / 18 -20 Bryden Street, SAINT JOHN, N . (PID# 375626) SOLEMN DECLARATION OF SERVICE I, Darryl Berube, of the Town of Quispamsis, in the County of Kings and Province of New Brunswick solemnly declare: 1. On the 17'b day of August 2011, at approximately 3:15p.m., I posted a copy of the attached Notice to Comply, marked Exhibit "A" and a copy of the attached Notice of Appeal, marked Exhibit `B" to the front door of the building that is located at 18 -20 Bryden Street, Saint John, New Brunswick. Solemnly declared before me at the City of Saint John, N.B., on the � day of 2011 PAMELA M H BENTLEY COMMISSIONER OF OATHS MY COMMISSION EXPIRES DECEMBER 315T, 2013 0 �2=A� im FORM 1 NOTICE TO COMPLY (Municipalities Act, R.S.N.B.1973, c.M -22, s.190.01(3)) Parcel Identifier: 375626 FORMULE 1 AVIS DE CONFORMiTE (Loi sur les municipalttes, L.R.N.-B. de 1973, ch. M -22, par. 190.01(3)) Numiro d'identification de la parcelle : 375626 Address: 18 -20 Bryden Street, Saint John, New Adresse : 18 -20, rue Bryden, Saint John, Nouveau - Brunswick Brunswick Owner(s) or Occupier(s): Name: Rowe, Keith Jeffrey Address: 314 Millidge Avenue, Saint John, New Brunswick, E2K IM9 Municipality issuing notice: The City of Saint John By -law contravened: Saint John Unsightly Premises and Dangerous Buildings By -Law, By -law Number M- 30 and amendments thereto. Provision(s) contravened: Paragraphs 190.41(l)(a), 190.01(1)(d), 190.01(1.1) and 190.01(2) of the Municipalities Act, and amendments thereto. Description of condition(s): The building is a hazard to the safety of the public by reason of being vacant or unoccupied, and, is a hazard to the safety of the public by reason of dilapidation, and also, the premises is unsightly by permitting junk and a dilapidated building to remain on the premises. The conditions of the building and premises are described in Schedule "A ", a true copy of the inspection report dated August 16, 2011 prepared by Stewart Handrahan, By -law Enforcement Officer and reviewed by Pamela Bentley, P.Eng. By -law Enforcement Officer. Remedy or remedies required: The owner is to remedy the conditions by complying with the required remedial actions of the aforementioned inspection report and bring the building and premises into compliance with the aforesaid By -law. In the event that the owner does not remedy the condition of the building and premises in the time prescribed by this Notice to Comply, the building will be demolished as the corrective action to address the hazard to the safety of the public and the premises will be cleaned up. All debris and items on the premises will be disposed of as the corrective action to address the hazard to the safety of the public. The aforementioned remedial actions relating to the demolition of the building and the disposal of debris and items on the premises do not include the carry -out clean- up, site rehabilitation, restoration of land, premiseb or personal property or other remedial action in order to Propri6taire(s) on occupant(s) : Nom : Rowe, Keith Jeffrey Adresse : 314, avenue Millidge, Saint John, Nouveau - Brunswick, E2K IM9 MunicipaliO signif►ant Pavis : The City of Saint John Arr6te eafreint : Arrete concernant les bdtiments inesthetiques ou dangereux de The City of Saint John, Arret6 numdro M -30, ainsi que ses modifications ci- aff6rentes. Disposition(s) enfreinte(s) . Les paragraphes 190.01(1)(a), 190.01(1)(d), 190.01 (1.1) et 190.01(2) de la Loi sur les municipalites, ainsi que les modifications aff6rentes. Description de la (des) coudition(s) : Le batiment est devenu dangereux pour la s6curite du public du fait de son inhabitation ou de son inoccupation, et est devenu dangereux pour la s6curite du public du fait de son d6labrement, et, de plus, les lieux sont inesthetiques en permettant la pr6sence de ferraille et d'un batiment delabr6 sur les lieux. Les conditions du batiment et des lieux sont d6crites a ('annexe « A », une copie conforme du rapport d'inspection en date du 16 aout 2011 et pr6par6 pat Stewart Handrahan, un agent charge de ('execution des arr6t6s municipaux et r6vis6 par Pamela Bentley, ing., une agente charge de 1'ex6cution des arretis municipaux. Mesure(s) i prendre : Le propri6taire doit restaurer les conditions en se conformant aux recommandations du rapport d'inspection susmentionw6 et d'amener le batiment et les lieux en conformit6s avec Parretti. Dans 1'6ventualite que le propri6taire ne remedient pas le batiment et les lieux dans le temps prescrit par le present avis de conformit6, le batiment sera d6moli comme mesure corrective compte tenu qu' it repr6sente un danger pour la s6curite du public et les lieux seront nettoyds. Tous les 36bris et autres items sur les lieux seront disposes comme mesure corrective dans le but de rem6dier le danger pour la securit6 du public. Les mesures correctives susmentionn6es reiativement A la demolition du batiment et la disposition des debris et autres items sur les lieux ne comprennent pas le nettoyage, la remise en dtat des lieux, des terrains ou des biens personnels ou toute autre mesure corrective 190 191 �] S � /7 R� g $/ \ƒ\ 5' Ez mo§m mE@� 2 �z3 a23 \i a f\f / // CL §°� ��oƒ " (D ° �� \ 2$$ � ° \ � 191 control or reduce, eliminate the release, alter the manner of release or the release of any contaminant into or upon the environment or any part of the environment. dans le but de controler ou de r6duire, d'bliminer le d6versement, de modifier le mode de d6versement ou le d6versement d'un polluant dans ou sur 1'environnement ou toute partie de Penvironnement. Date by which the remedy or remedies must occur: i Date i laquelle la on les mesures doivent titre Within 28 days of being served with the Notice to prisesi : Dans les 28 jours qui suivent la signification Comply. de Favis de conformitb. Date by which notice may be appealed: Within 14 Date it laquelle un appel de Pavis pent titre depose: days of being served with the Notice to Comply. Dans les 14 jours qui suivent la notification de 1'avis de conformit6. Process to appeal: The owner may within 14 days after having been served with this Notice To Comply, send a Notice of Appeal by registered mail to the Common Clerk of The City of Saint John, City Hall — 8s` Floor, 15 Market Square, Saint John, New Brunswick, EM 4L1. Potential penalty for non - compliance within specified time:2 Paragraph 190.03(1) of the Municipalities Act, supra, states that a person who fails to comply with the terms of the Notice to Comply given under Section 190.011 of the said Act, commits an offence that is punishable under Part II of the Provincial Offences Procedure Act as a category F offence. Where an offence under paragraph 190.03(1) continues for more than one day, the minimum fine that may be imposed is the minimum fine set by the Provincial Offences Procedure Act for a category F offence multiplied by the number of days during which the offence continues pursuant to subparagraph 190.03(1.2)(b)(i). Municipality's authority to undertake repairs or remedy:3 Subparagraphs 190.04(1)(a), 190.04(l.)(a.1) and 190.04(i)(b) of the Municipalities Act, supra, states that if a Notice to Comply has been given under section 190.011 of the said Act and that an owner or occupier does not comply with the Notice to Comply, as deemed confirmed or as confirmed or modified by a committee of council or a judge under section 190.021 of the said Act, within the time set out in the Notice to Comply, the municipality may, cause the premises of that owner or occupier to be cleaned up or repaired and the building of that owner or occupier to be repaired or demolished and the cost of carrying out such work, including any related charge or fee, is chargeable to the owner or occupier and becomes a debt due to the municipality. Processus d'appel : Le propri6taire pout dans les 14 jours qui suivent la notification de Pavis de conformit6, envoy6 un avis d'appel par courrier recommand6 A la greffi&e communale de la municipalite, a The City of Saint John, Edifice de 1'h6tel de ville, 8` btage, 15 Market Square, Saint John, Nouveau - Brunswick, E2L 4L1. P6nalit6 possible pour non- conformite dans le dblai prescrit2 : Le paragraphe 190.03(1) de la Loi sur les municipalites, supra, pr6voient quiconque omet de se conformer aux exigences formul6es dans un avis de conformit6 notifi6 aux termes de Varticle 190.011 de ladite loi, commet une infraction qui est punishable en vertu de la Partie 11 de la Loi sur la procedure applicable aux infractions provinciales a titre d'infraction de la classe F. Lorsqu'une infraction pr6vue an paragraphe 190.03(1) se poursuit pendant plus d'une joumbe, I'amende minimale qui pout titre imposee est l'amende minimale pr6vue par la Loi sur la procedure applicable aux infractions provinciales pour une infraction de la classe F multipli6e par le nombre de jours pendant lesquels l'infraction se poursuit conform6mentA t'alin6a 190.03(1.2)(b)(i). Pouvoir de la municipalite d'entreprendre les reparations ou de prendre les mesures3 : Conform6ment aux alinbas 190.04(1)(a), 190.04(1)(a.1) et 190.04(1)(b) de la Loi sur les municipalites, supra, si un avis de conformit6 a 6t6 signifi6 aux termes de Particle 190.011 de ladite loi et, que le propri6taire ou l'occupant no se conforme pas a cot avis de conformit6 dans le d6lai impard et tel qu'il est r6put6 confirm6 ou tel qu'il est confirme ou modifib par un comit6 du conseil ou par un juge en vertu de Particle 190.021 de ladite loi, la municipalite pout faire nettoyer ou r6parer les lieux de cc propri6taire ou de cot occupant et faire r6parer ou d6molir la propri6t6 de cc propri6taire ou de cot occupant et les faais relatifs A 1'ex6cution de ces t,avaux, y compris toute redevance ou tout droit affbrent, sont A la charge du propridtaire ou de ('occupant et deviennent une cr6ance de la municipalit6. 192 t J- Dated at Saint John the / day of August, 2011 Municipality: The City of Saint John Signature of Municipal Officer: Municipal Officer's Contact information Name: Stewart Handrahan Mailing address: Buildings and Inspection Services Department The City of Saint John 15 Market Square City Hall Building, 10'h Floor P. O. Box 1971 Saint John, New Brunswick B2L 4L1 Telephone: (506) 658 -2911 Telecopier: (506) 632 -6199 Email: Seal of Notes: 1. All appropriate permits must be obtained and all relevant legislation must be complied with in the course of carrying out the required remedial action. 2. Payment of the fine does not alleviate the obligation to comply with the by -law, standard or notice to comply. 3. Costs become a debt due to the municipality and may be added to the joint municipal and provincial Real Property Assessment and Tax Notice. Fait i Saint John le _ aout, 2011. Municipalit6 : The City of Saint John Signature du representant municipal : Coordounees du representant municipal: Nom : Stewart Handrahan Adresse postale : Departement aux services d'inspection et des batiments The City of Saint John 15 Market Square Edifice de I'hotel de ville, 10` etage Case postale 1971 Saint John (Nouveau- Brunswick) E2L 4L1 Telephone: (506) 658 -2911 Telecopieur : (506) 632 -6199 Counriel: stewart.handrahan@saint ohn.ca Sceau de la municipalite Notes : 1. Taus les permis prescrits doivent 8tre obtenus et toute la Idgislation pertinence doit 8tre respectee, pendant l'exdcution de la mesure de recours. 2. Le paiement de 1'amende n'annule pas ('obligation de respecter 1'arr8t6, la norme ou l'avis de conformitd, 3. Les coots deviennent une dette envers Ia municipality et peuvent 8tre ajoutds A 1'avis d'dvaluation et d'imp8t foncier municipal et provincial. 193 INSPECTION REPORT Schedule "A" 18 -20 Bryden Street Saint John, New Brunswick PID9 375626 Inspection Date: August 2, 2011 Inspector: Stewart Handrahan Inspection Date: July 18, 2011 Inspector: Stewart Handrahan Introduction tX"ie (W)PY Of die Mr oz d at fiS%,iat John :1.1.4 A.._ day of 'tandmds Offieea' Inspections of the property noted above have revealed that the only building on the property is vacant, fire damaged, dilapidated, and unsightly. The building is two storeys in height, is of wood frame construction, and is rectangular with an ell at the rear (south). The building has suffered damage as a result of a structure fire on December 16, 2009. The said fire has led to the building becoming vacant and unoccupied, unsightly, and in a dilapidated condition. A Fire Marshal Order to demolish the building was issued to the owner of the property in February 2011. Discussion The building and property are not in compliance with the Saint John Unsightly Premises and Dangerous Buildings By -law, By -law Number M -30, (the "By- law "). Unsightly Premise Conditions Paragraph 190.01(1)(a) of the Municipalities Act states: No person shall permit premises owned or occupied by him or her to be unsightly by permitting to remain on any part of such premises any ashes, junk, rubbish, or refuse. The premise has become unsightly for the following reasons: 1. At the rear of the property and on the rear deck there is an accumulation of ashes, wood debris including a door, a section of deck, and junk items including several pieces of luggage, plastic containers, and plastic bags, that constitute an unsightly premise. The debris on the premise is not only unsightly, but also could become a tripping hazard to individuals or emergency personnel, such as fire fighters, potentially causing personal injury. The debris could also be used as fuel for new fires to the exterior of the building, if it were to be targeted by vandals or arsonists. 2. There is a deteriorated fence that spans between the building and the building at 22 Bryden Street at their front faces. It has peeling paint, is rotted in some areas and has broken pickets, especially at the lower portion. Paragraph 190.01(1)(d) of the Municipalities Act states: No person shall permit premises owned or occupied by him or her to be unsightly by permitting to remain on any part of such premises a dilapidated building. 194 The building is dilapidated for the following reasons: The building has suffered from fire damage on December 16, 2009, and has since been vacated and neglected. The exterior building walls have broken, rotted or fire damaged shingles at several locations. In other locations, the shingles are missing and the underlying sheathing is exposed. The paint is peeling on the shingles and trim and the windows have been boarded over with untreated plywood panels in many locations. Upper windows are either missing or broken and some window frames are damaged. At the rear of the building, the shingles are charred and the upper exterior wall has holes as a result of the fire. Where viewable, it was noted that the interior of the building has fallen. plaster walls in some locations and the floor is covered in debris. Broken glass can be found on the sidewalk, adjacent to the house, in the driveway and in the back yard. The property is located in a densely populated residential area known as Saint John's North End. The dilapidated building, fence, and debris are unsightly and may devalue properties in the surrounding area. Vacant and Unoccupied Paragraph 190.01(l. 1) of the Municipalities Act states: No person shall permit a building or structure owned or occupied by him or her to become a hazard to the safety of the public by reason of being vacant or unoccupied. The building has become a hazard to the safety of the public by reason of being vacant or unoccupied for the following reasons: All windows and doors on the lower level have been boarded up or secured from unauthorized entry. Only one window has been boarded up on the upper level, while many of them are left completely open, with broken glass found in two of them. Unauthorized entry to the building could occur if a ladder were used to access the upper level windows or if a panel were to be removed from one of the ground floor openings. Items could also be thrown into the upper level from ground level, including items that may start a fire. .2. The lower level of the building has not always been kept secure by the owner, and vandalism has taken place on the property on several occasions. A building in this state that is vacant may become a target for arson and/or vandalism. Arson may lead to property damage and/or personal injury to occupants of adjacent buildings. Vandalism may devalue properties in the surrounding area. The extent of fire damage to the interior of the building is unknown, however the upper rear portion of the building has suffered considerable damage and therefore the interior of that portion is likely cluttered with fallen debris and could be unsafe. An inspection of the ground floor level where viewable noted that the floor is covered in debris and some plaster walls have fallen. In the event of an emergency, personnel such as fire fighters may face unforeseen hazards inside the building which could create tripping hazards and cause personal injury. 4. The building is approximately lm and 4m from buildings at 22 Bryden Street and at 141 -145 Durham Street respectively. Both of these buildings are multi - family residential buildings and the conditions of the subject building and premise pose a hazard to the safety of several tenants by 2 195 reason of its proximity. If another fire were to occur the two adjacent buildings would be at risk of suffering damage. In its current state, the building is not suitable for human habitation and does not meet the requirements for minimum standards governing the condition, occupancy and maintenance of residential property as described in the Saint John Minimum Property ,Standards By -law, By -law Number M -14 (the "Minimum Property Standards By -law") and/or the Residential Properties Maintenance and Occupancy Code Approved Regulation — Municipalities Act, New Brunswick Regulation 84 -86, under the Municipalities Act (the "Code "). It therefore could not be occupied without extensive and potentially costly repair.Hazardous Two Storey Building Paragraph 190.01(2) of the Municipalities Act states No person shall permit a building or structure owned or occupied by him or her to become a hazard to the safety of the public by reason of dilapidation or unsoundness of strength Entry to the building has not been gained and a structural analysis of the building has not been done. However the building has become a hazard to the safety of the public by reason of dilapidation for the following reasons: I . The wall section surrounding the upper window at the south face of the ell is considerably fire damaged and the exterior wall now has several holes. The structural integrity of the wall section may have been compromised. 2. There is an electrical conduit at the south side wall that is hanging from the exterior wall, and if it were to fall it could potentially cause personal injury to members of the public. 3. The exterior of the building is in very poor condition, as windows have been removed, and there is damage to the shingles surrounding several windows. The building has been open to the elements for an extended period of time which means that deterioration has been allowed to proceed at an accelerated rate. The structure and interior finishes have been allowed to rot and deteriorate over time. Where viewable, it was noted that debris from fallen plaster and other materials covers the floor, creating a tripping hazard for anyone who may enter the building. The broken glass in some of the upper windows and on the sidewalk is a danger to anyone passing by the building. 4. At the south side of the building there is a cantilevered roof section that was used to provide shelter for a furnace oil storage tank (now removed). The roof section is approximately less than I metre in width, and approximately 1.5 metre above the ground surface. It is supported by resting on a post at one end, and is not supported at the other end, where it is visibly deflecting under its own weight. If the roof section were to collapse it could harm members of the public who may be on the premise, including emergency personnel. There are several attractions nearby including the Lorne Middle School, the North End Community Centre, and the North End Food Bank. The sidewalk on Bryden Street is directly adjacent to the building with no buffer between it and the building. The building is a hazard to the safety of any pedestrians walling to and from the local attractions due to its fire damaged and dilapidated condition as well as its lack of occupancy and its ease of access. Additionally, the building has been insufficiently secured and there has been vandalism at the site since becoming vacant. 196 Fire Marshal Order On February 9, 2011 an Order from the Fire Marshal was issued to the owner of the properly to demolish the building after an inspection was completed by Roy Nolan, Fire Prevention Officer with the Saint John Fire Department. The owner successfully appealed the Order and was granted a time extension until July 5, 2011 contingent on three conditions. The owner has failed to comply with these conditions, namely failing to properly close or properly barricade windows located on the second floor and failing to remove from the exterior and interior of the property all flammable and combustible liquids and loose combustible materials before or by April 16, 2011. The owner stated that he had a potential buyer for the property and that the extension would give him the time he required to sell the property. At the time this report was prepared, the property has not changed ownership. Required Remedial Actions: The owners must comply with one of the two options stated below: Option 1: Remedy the conditions of the building and premise through all repair and remedial actions as follows: The building must be completely repaired so it may become occupied while maintaining minimum standards as described by the Minimum Property Standards By -law and the Code. 2. A detailed plan must be submitted to the Buildings and Inspection Services Department of the City of Saint John (the "Department") for review and approval. This plan should include a complete engineering report regarding the structural soundness of the building and any necessary repairs. This plan should also include a schedule for the work that is to be carried out in a timely fashion. The repaired building must meet the National Building Code of Canada (2005) and any other applicable codes and standards. The detailed plan, including schedules and any engineering reports, must be approved by the Department prior to commencing repair work. 4. A building permit must be obtained for any and all applicable work prior to commencing said work from the City of Saint John in order to comply with the Saint John Building By -law, By -law Number C.P. 101. 5. The premise must be cleared of all debris and junk items including broken glass, construction materials, and any miscellaneous items found on the property. The debris must be disposed of at an approved solid waste disposal site, in accordance with all applicable by -laws and regulations. Documented proof, that clearly demonstrates an approved solid waste disposal site was used for the disposal of debris, must be provided to the Department. The premise must comply. with all applicable by -laws and regulations. Option 2: Demolition of the building and cleanup of all debris on the premise by complying with all the remedial actions as follows: 1. The building must be demolished to remove the hazard to the safety of the public by reason of dilapidation. 2. A demolition permit must be obtained from the City of Saint John in order to comply with the Saint John Building By -law, By -law Number C.P. 101. 3. The premise must be cleared of the debris from the demolition and the lot must be made reasonably level with grade so as to not create a tripping or falling hazard. All debris must be disposed of at an approved solid waste disposal site, and in accordance with all applicable by -laws, acts and regulations. Documented proof, 4 197 that clearly demonstrates an approved solid waste disposal site was used for the disposal of debris, must be provided to the Department. 4. All debris that is currently on the premise must be cleared and disposed of at an approved solid waste disposal site, and in accordance with all applicable by -laws, acts and regulations. Documented proof, that clearly demonstrates an approved solid waste disposal site was used for the disposal of debris, must be provided to the Department. S. The property must be in compliance with all applicable by -laws and regulations. Prepared by: Stewart Handrahan, BScE Date. Standards Officer Buildings and Inspection Services Department Reviewed by: rua -& Pamela Bentley, P. Eng. Technical Services Engineer Buildings and Inspection Services Department •m W NOTICE OF APPEAL AVIS D'APPEL FORM 1 FORMULE 1 (Municipalities Act, R.S.N.B. 1973, (Loi sur les municipalites, L.R.N. -B. de 1973, c. M -22, s.190.021(1)) ch. M -22, par. 190.021(1)) File No.: N° du dossier: BETWEEN: This is ExvmjP-x,3 i' dav' Referred to in the of a,(aU i S+uoutbe re me at the City of Saint John, iVew 13 nswick a0�� Commissioner of Oat s Appellant(s), PAMELA M H BENTLEY Appelant(s), COMMISSIONER OF OATHS - and - MY COMMtOON EXPIRES DECEMBER 318T, 2013 THE CITY OF SAINT JOHN, THE CITY OF SAINT JOHN, Parcel Identifier: PID # Parcel Address: Owner(s) or Occupier(s): Name: Address: Telephone: Name: Address: Respondent. Intimde. Numero d'identification de la parcelle : # NID Adresse de la parcelle : Proprietaire(s) ou occupant(s) Nom: Adresse Telephone: Nom: Adresse Telephone: Telephone: 199 -2- The above named appellant(s) is (are) not satisfied with the terms and conditions set out in the notice that has been given under section 190.011 of the Municipalities Act and appeals to the Saint John Substandard Properties Appeal Committee. The appellant's grounds for this appeal are as follows (set out the grounds clearly but briefly): L'appelant(s) susnomm6(s) n'accepte(nt) pas les modalitds ou les conditions qui y sont dnoncds dans Favis qui a 6td notifid aux termes de Particle 190.011 de la Loi sur les municipalites et fait appel au Comite d'appel des proprietes inferieures aux normes de Saint John. Les motifs d'appel de I'appelant(s) dans le prdsent appel sont les suivants (Moncer les motifs de fagon claire et concise) : Dated at the day of Fait .2011. Signature of owner or occupier 2011. Signature du propridtaire ou Foccupant le The appellant(s) intends to proceed in the English L'appelant(s) a (ont) l'intention d'utiliser la langue or French language (Please check the appropriate frangaise ou anglaise (Veuillez cocker la case box). appropriee). Please forward your Notice of Appeal by registered mail to the clerk of The City of Saint John within fourteen (14) days after having been given the notice at the following address: Common Clerk's Office 15 Market Square, City Hall Building, W4 Floor P. O. Box 1971 Saint John, New Brunswick E2L 4LI Telephone: 506-658-2862 Telecopier: 506- 674 -4214 Notes: 1. A notice that is not appealed within fourteen (14) days after having been given the notice shall be deemed to be confirmed. Veuillez faire parvenir votre Avis d'appel par courrier recommande au secretaire de The City of Saint John dans les quatorze (14) jours qui suivent la notification de Vavis a Vadresse suivante : Bureau du greffier communal 15 Market Square, Edifice de 1'h6tel de ville, 8e dtage Case postate 1971 Saint John (Nouveau- Brunswick) E2L 4L T616phone: 506-658-2862 T616copieur: 506- 674 -4214 Notes : 1. Un avis dont it nest pas inter W appel dans les quatorze (14) jours qui suivent la notification de I'avis est rdputde confirm6. 200 -3- 2. On an appeal, the Saint John Substandard Properties Appeal Committee shall hold a hearing into the matter at which the owner(s) or occupier(s) bringing the appeal has (have) a right to be heard and may be represented by counsel. 3. On an appeal, the Saint John Substandard Properties Appeal Committee may confirm, modify or rescind the notice or extend the time for complying with the notice. 4. The Saint John Substandard Properties Appeal Committee shall provide a copy of its decision to the owner(s) or occupier(s) of the premises, building or structure who brought the appeal within fourteen (14) days after making its decision. 5. The owner(s) or occupier(s) provided with a copy of a decision from the Saint John Substandard Properties Appeal Committee may appeal the decision to a judge of The Court of Queen's Bench of New Brunswick within fourteen (14) days after the copy of the decision was provided to the owner(s) or occupier(s) on the grounds that (a) the procedure required to be followed by the Municipalities Act was not followed, or (b) the decision is patently unreasonable. 2. Lors d'un appel, le Comite d'appel des proprietes inferieures aux normes de Saint John doit tenir, sur le point en litige, une audience au tours de laquelle le(s) propridtaire(s) ou 1'occupant(s) qui intedette(nt) appel a (ont) le droit d'etre entendu(s) et peut(vent) se faire representer par un avocat. 3. Lors d'un appel, le Comite d'appel des proprietes inferieures aux normes de Saint John peut confirmer, modifier ou annuler 1'avis ou proroger le delai pour s'y conformer. 4. Le Comite d'appel des proprietes inferieures aux normes de Saint John doit fournir une copie de sa decision au(x) proprietaire(s) ou a 1'occupant(s) des lieux, du batiment ou de la construction qui lui a(ont) interjete appel dans les quatorze (14) jours suivant la date a laquelle it a rendu sa decision. 5. Le(s) proprietaire(s) ou 1'occupant(s) a qui une copie d'une decision a dte fournie par le Comite d'appel des proprietes inferieures aux normes de Saint John peut(vent), dans les quatorze (14) jours qui suivent, interjeter appel de la decision devant un juge de la Cour du Banc de la Reine du Nouveau - Brunswick au motif que (a) la d6marche a suivre en vertu de la Loi sur les municipalites n'a pas W suivie, ou (b) la decision est manifestement deraisonnable. 201 CANADA PROVINCE OF NEW BRUNSWICK COUNTY OF SAINT JOHN CITY OF SAINT JOHN AFFIDAVIT OF SERVICE I, ,. of the City of Saint John in the County of Saint John and Province of New Brunswick MAKE OATH AND SAY AS FOLLOWS: 1. On the 7th day of 2011, 1 mailed the following documents: • a true copy of a Notice to Comply, a copy of which is annexed hereto as Exhibit "A "; • true copy of a Notice of Appeal, a copy of which is annexed hereto as Exhibit `B "; to air , at 3. / /.a/.t �1.;. /I`t� , by regular mail at the anada Post Office in Lawton s at Brunswick Square, King Street, Saint John. I addressed the envelope, placed the above documents in the envelope, sealed the envelope and took it to the Post Office. Sworn To before me at the City of Saint John, N.B., on the 3 1 — day of huaunf— , 2011 PAMELA M H BENTLEY COMMISSIONER OF OATHS MY COMMISSION EXPIRES DECEMBER 3187, 2013 202 - Bevq P5 PP1,(tE� OVI ERO�ytptR�S C1CMCpNiB��3�s ,2p�3 FORM I�tiCEM NOTICE TO COMPLY (Municipalities Act, R.S.N.B. 1973, c.M -22, 9.190.01(3)) Parcel Identifier: 375626 This is EXIT._,. !f Ref rred t n the Affid vit of Sworn before me at the City of Sain John, New B nswick e Saint John, y of t) P � Commissio%% 1 AVIS DE CONFORMITE (Loi sur les municipalites, L.R.N.-B. de 1973, ch. M -22, par. 190.01(3)) Num6ro d' identification de la parcelle : 375626 Address: 18 -20 Bryden Street, Saint John, New Adresse : 18 -20, rue Bryden, Saint John, Nouveau - Brunswick Brunswick Owner(s) or Occupier(s): Name: Rowe, Keith Jeffrey Address: 314 Millidge Avenue, Saint John, New Brunswick, E2K 1M9 Municipality issuing notice: The City of Saint John By -law contravened: Saint John Unsightly Premises and Dangerous Buildings By -Law, By -law Number M- 30 and amendments thereto. Provision(s) contravened: Paragraphs 190.01(1)(a), 190.01(1)(d), 190.01(1.1) and 190.01(2) of the Municipalities Act, and amendments thereto. Description of condition(s): The building is a hazard to the safety of the public by reason of being vacant or unoccupied, and, is a hazard to the safety of the public by reason of dilapidation, and also, the premises is unsightly by permitting junk and a dilapidated building to remain on the premises. The conditions of the building and premises are described in Schedule "A ", a true copy of the inspection report dated August 16, 2011 prepared by Stewart Handrahan, By -law Enforcement Officer and reviewed by Pamela Bentley, P.Eng. By -law Enforcement Officer. Remedy or remedies required: The owner is to remedy the conditions by complying with the required remedial actions of the aforementioned inspection report and bring the building and premises into compliance with the aforesaid By -law. In the event that the owner does not remedy the condition of the building and premises in the time prescribed by this Notice to Comply, the building will be demolished as the corrective action to address the hazard to the safety of the public and the premises will be cleaned up. Proprietaire(s) on occupant(s) : Nom : Rowe, Keith Jeffrey Adresse : 314, avenue Millidge, Saint John, Nouveau - Brunswick, B2K 1M9 Municipality signifiant Pavis : The City of Saint John Arrete enfreint : Arrete concernant les bdtiments inesthetiques ou dangereux de The City of Saint John, Arrete num6ro M -30, ainsi que ses modifications ci- aff6rentes. Disposition(s) enfreinte(s) . Les paragraphes 190.01(1)(a), 190.01(1)(d), 190.01 (1.1) et 190.01(2) de la Loi sur les municipalites, ainsi que les modifications aff6rentes. Description de la (des) condition(s) : Le batiment est devenu dangereux pour la s6curit6 du public du fait de son inhabitation on de son inoccupation, et est devenu dangereux pour la securit6 du public du fait de son d6labrement, et, de plus, les lieux sont inesthetiques en permettant la presence de ferraille et d'un batiment d61abr6 sur les lieux. Les conditions du batiment et des lieux sont d6crites a l'annexe (<A>), une copie conforme du rapport d'inspection en date du 16 aout 2011 et prepar6 par Stewart Handrahan, un agent charge de 1'ex6cution des arret6s municipaux et revise par Pamela Bentley, ing., une agente charge de 1'ex6cution des arret6s municipaux. Mesure(s) a prendre : Le propri6taire doit restaurer les conditions en se conformant aux recommandations du rapport d'inspection susmentionnd et d'amener le batiment et les lieux en conformit6s avec Parret6. Dans 1'6ventualit6 que to propri6taire ne rem6dient pas le batiment et les lieux dans le temps prescrit par to pr6sent avis de conformi6, le batiment sera d6moli comme mesure corrective compte tenu qu'il repr6sente un danger pour la s6curit6 du public et les lieux seront nettoy6s. All debris and items on the premises will be disposed of Tous les debris et autres items sur les lieux seront as the corrective action to address the hazard to the disposes comme mesure corrective dans le but de safety of the public. rem6dier le danger pour la s6curit6 du public. The aforementioned remedial actions relating to the demolition of the building and the disposal of debris and items on the premises do not include the carry-out clean- up, site rehabilitation, restoration of land, premises or personal property or other remedial action in order to Les mesures correctives susmentionn6es relativement A la demolition du batiment et la disposition des debris et autres items sur les lieux ne comprennent pas le nettoyage, la remise en etat des lieux, des terrains ou des biens personnels on toute autre mesure corrective 203 control or reduce, eliminate the release, alter the manner of release or the release of any contaminant into or upon the environment or any part of the environment. dans le but de controler ou de reduire, d'eliminer le deversement, de modifier le mode de deversement ou le deversement d'un polluant dans ou sur Penvironnement ou toute partie de I'environnement. Date by which the remedy or remedies must occur: i Date a laquelle la ou les mesures doivent etre Within 28 days of being served with the Notice to prisesi : Dans lea 28 jours qui suivent la signification Comply. de Favis de conformite. Date by which notice may be appealed: Within 14 days of being served with the Notice to Comply. Process to appeal: The owner may within 14 days after having been served with this Notice To Comply, send a Notice of Appeal by registered mail to the Common Clerk of The City of Saint John, City Hall — 8a' Floor, 15 Market Square, Saint John, New Brunswick, E2L 4LL Potential penalty for non - compliance within specified time :2 Paragraph 190.03(1) of the Municipalities Act, supra, states that a person who fails to comply with the terms of the Notice to Comply given under Section 190.011 of the said Act, commits an offence that is punishable under Part H of the Provincial Offences Procedure Act as a category F offence. Where an offence under paragraph 190.03(1) continues for more than one day, the minimum fine that may be imposed is the minimum fine set by the Provincial Offences Procedure Act for a category F offence multiplied by the number of days during which the offence continues pursuant to subparagraph 190.03(1.2)(b)(i). Municipality's authority to undertake repairs or remedy:3 Subparagraphs 190.04(1)(a), 190.04(1)(a.1) and 190.04(1)(b) of the Municipalities Act, supra, states that if a Notice to Comply has been given under section 190.011 of the said Act and that an owner or occupier does not comply with the Notice to Comply, as deemed confirmed or as confirmed or modified by a committee of council or a judge under section 190.021 of the said Act, within the time set out in the Notice to Comply, the municipality may, cause the premises of that owner or occupier to be cleaned up or repaired and the building of that owner or occupier to be repaired or demolished and the cost of carrying out such work, including any related charge or fee, is chargeable to the owner or occupier and becomes a debt due to the municipality. Date a laquelle un appel de Pavis pent titre depose: Dans les 14 jours qui suivent la notification de I'avis de conformite. Processus d'appel : Le proprietaire peut dans les 14 jours qui suivent la notification de Pavis de conformite, envoye un avis d'appel par courrier recommande a la greffiere communale de la municipalite, a The City of Saint John, Edifice de 1'h6tel de ville, 8` Stage, 15 Market Square, Saint John, Nouveau - Brunswick, E2L 4L1. Penalite possible pour non- conformite dans le delai prescrit2 : Le paragraphe 190.03(1) de la Loi sur les municipalWs, supra, prevoient quiconque omet de se conformer aux exigences formulees dans un avis de conformite notifie aux termes de I'article 190.011 de ladite loi, commet une infraction qui est punissable en vertu de la Partie 11 de la Loi sur la procedure applicable aux infractions provinciales A titre d'infraction de la classe F. Lorsqu'une infraction prevue au paragraphe 190.03(1) se poursuit pendant plus d'une journee, I'amende minimale qui peut titre imposee est I'amende minimale prevue par la Loi sur la procedure applicable aux infractions provinciales pour une infraction de la classe F multipliee par le nombre de jours pendant lesquels l'infraction se poursuit conformement a I'alinea 190.03(1.2)(b)(i). Pouvoir de Ia municipalite d'entreprendre lea reparations on de prendre lea mesures3 : Conformement aux alineas 190.04(l)(a), 190.04(l)(4.1) et 190.04(1)(b) de la Loi sur les municipalites, supra, si un avis de conformite a ete signifie aux termes de Particle 190.011 de ladite loi et, que le proprietaire ou l'occupant ne se conforme pas A cet avis de conformite dans le delai imparti et tel qu'il est reput8 confrme ou tel qu'il est confirme ou modifie par un comite du conseii ou par un juge en vertu de Particle 190.021 de ladite loi, la municipalite peut faire nettoyer ou reparer lea lieux de cc proprietaire ou de cet occupant et faire reparer ou demolir la propriete de cc proprietaire ou de cet occupant et les frais relatifs a 1'execution de ces travaux, y compris toute redevance ou tout droit afferent, sont A la charge du propridtaire on de 1'occupant et deviennent une creance de la municipalite. 204 (IL Dated Dated at Saint John the .6 day of August, 2011. Municipality: The City of Saint John Signature of Municipal Officer: Municipal Officer's Contact information: Name: Stewart Handrahan Mailing address: Buildings and Inspection Services Department The City of Saint John 15 Market Square City Hall Building, 10'h Floor P. O. Box 1971 Saint John, New Brunswick E2L 4LI Telephone: (506) 658 -2911 Telecopier: (506) 632 -6199 Email: Seal of Notes: 1. All appropriate permits must be obtained and all relevant legislation must be complied with in the course of carrying out the required remedial action. 2. Payment of the fine does not alleviate the obligation to comply with the by -law, standard or notice to comply. 3. Costs become a debt due to the municipality and may be added to the joint municipal and provincial Real Property Assessment and Tax Notice. Fait A Saint John le — aout, 2011. Municipalit6 : The City of Saint John Signature du repr6sentant municipal: Coordonnees du representant municipal: Nom : Stewart Handrahan Adresse postale : Departement aux services d'inspection et des batiments The City of Saint John 15 Market Square Edifice de 116te1 de ville, 10` etage Case postale 1971 Saint John (Nouveau- Brunswick) E2L 4LI Telephone: (506) 658 -2911 Telecopieur : (506) 632 -6199 Courriel: stewart.handrahan@ saint ohn.ca Sceau de la municipalit6 Notes : I. Tous les permis prescrits doivent @tre obtenus et toute la legislation pertinente doit titre respectee, pendant l'ex6cution de la mesure de recours. 2. Le paiement de Pamende n'annule pas ('obligation de respecter 1'arret6, la norme ou 1'avis de conformit6. 3. Les coots deviennent une dette envers la municipalit6 et peuvent titre ajoutts it Pavis d'6valuation et d'imp6t foncier municipal et provincial. 205 INSPECTION REPORT Schedule "A" 18 -20 Bryden Street Saint John, New Brunswick PID# 375626 Inspection Date: August 2, 2011 Inspector: Stewart Ilandrahan Inspection Date: July 18, 2011 Inspector: Stewart Handrahan Introduction CF 1S!2at9.ii l., U tr, c' C.Op)! Uf.dle :if:1i".k31. 'n..zcd at Saint Jahn ;L. is day of s _2o f , Inspections of the property noted above have revealed that the only building on the property is vacant, fire damaged, dilapidated, and unsightly. The building is two storeys in height, is of wood frame construction, and is rectangular with an ell at the rear (south). The building has suffered damage as a result of a structure fire on December 16, 2009. The said fire has led to the building becoming vacant and unoccupied, unsightly, and in a dilapidated condition. A Fire Marshal Order to demolish the building was issued to the owner of the property in February 2011. Discussion The building and property are not in compliance with the Saint John Unsightly Premises and Dangerous Buildings By -law, By -law Number M -30, (the `By- law"). Unsightly Premise Conditions Paragraph 190.01(1)(a) of the Municipalities Act states: No person shall permit premises owned or occupied by him or her to be unsightly by permitting to remain on any part of such premises any ashes, junk, rubbish, or refuse. The premise has become unsightly for the following reasons: 1. At the rear of the property and on the rear deck there is an accumulation of ashes, wood debris including a door, a section of deck, and junk items including several pieces of luggage, plastic containers, and plastic bags, that constitute an unsightly premise. The debris on the premise is not only unsightly, but also could become a tripping hazard to individuals or emergency personnel, such as fire fighters, potentially causing personal injury. The debris could also be used as fuel for new fires to the exterior of the building, if it were to be targeted by vandals or arsonists. 2. There is a deteriorated fence that spans between the building and the building at 22 Bryden Street at their front faces. It has peeling paint, is rotted in some areas and has broken pickets, especially at the lower portion. Paragraph 190.01(1)(d) of the Municipalities Act states: No person shall permit premises owned or occupied by him or her to be unsightly by permitting to remain on any part of such premises a dilapidated building. 206 The building is dilapidated for the following reasons: The building has suffered from fire damage on December 16, 2009, and has since been vacated and neglected. The exterior building walls have broken, rotted or fire damaged shingles at several locations. In other locations, the shingles are missing and the underlying sheathing is exposed. The paint is peeling on the shingles and trim and the windows have been boarded over with untreated plywood panels in many locations. Upper windows are either missing or broken and some window frames are damaged. At the rear of the building, the shingles are charred and the upper exterior wall has holes as a result of the fire. Where viewable, it was noted that the interior of the building has fallen Plaster walls in some locations and the floor is covered in debris. Broken glass can be found on the sidewalk, adjacent to the house, in the driveway and in the back yard. The property is located in a densely populated residential area known as Saint John's North End. The dilapidated building, fence, and debris are unsightly and may devalue properties in the surrounding area. Vacant and Unoccupied Paragraph 190.01(1.1) of the Municipalities Act states: No person shall permit a building or structure owned or occupied by him or her to become a hazard to the safety of the public by reason of being vacant or unoccupied. The building has become a hazard to the safety of the public by reason of being vacant or unoccupied for the following reasons: All windows and doors on the lower level have been boarded up or secured from unauthorized entry. Only one window has been boarded up on the upper level, while many of them are left completely open, with broken glass found in two of them. Unauthorized entry to the building could occur if a ladder were used to access the upper level windows or if a panel were to be removed from one of the ground floor openings. Items could also be thrown into the upper level from ground level, including items that may start a fire. 2. The lower level of the building has not always been kept secure by the owner, and vandalism has taken place on the property on several occasions. A building in this state that is vacant may become a target for arson and/or vandalism. Arson may lead to property damage and/or personal injury to occupants of adjacent buildings. Vandalism may devalue properties in the surrounding area. 3. The extent of fire damage to the interior of the building is unknown, however the upper rear portion of the building has suffered considerable damage and therefore the interior of that portion is likely cluttered with fallen debris and could be unsafe. An inspection of the ground floor level where viewable noted that the floor is covered in debris and some plaster walls have fallen. In the event of an emergency, personnel such as fire fighters may face unforeseen hazards inside the building which could create tripping hazards and cause personal injury. 4. The building is approximately lm and 4m from buildings at 22 Bryden Street and at 141 -145 Durham Street respectively. Both of these buildings are multi- family residential buildings and the conditions of the subject building and premise pose a hazard to the safety of several tenants by 2 207 reason of its proximity. If another fire were to occur the two adjacent buildings would be at risk of suffering damage. In its current state, the building is.not suitable for human habitation and does not meet the requirements for minimum standards governing the condition, occupancy and maintenance of residential property as described in the Saint John Minimum Property Standards By -law, By -law Number M -14 (the "Minimum Property Standards By -law ") and/or the Residential Properties Maintenance and Occupancy Code Approved Regulation — Municipalities Act, New Brunswick Regulation 84 -86, under the Municipalities Act (the "Code "). It therefore could not be occupied without extensive and potentially costly repair.Hazardous Two Storey Building Paragraph 190.01(2) of the Municipalities Act states No person shall permit a building or structure owned or occupied by him or her to become a hazard to the safety of the public by reason of dilapidation or unsoundness of strength Entry to the building has not been gained and a structural analysis of the building has not been done. However the building has become a hazard to the safety of the public by reason of dilapidation for the following reasons: I . The wall section surrounding the upper window at the south face of the ell is considerably fire damaged and the exterior wall now has several holes. The structural integrity of the wall section may have been compromised. 2. There is an electrical conduit at the south side wall that is hanging from the exterior wall, and if it were to fall it could potentially cause personal injury to members of the public. 3. The exterior of the building is in very poor condition, as windows have been removed, and there is damage to the shingles surrounding several windows. The building has been open to the elements for an extended period of time which means that deterioration has been allowed to proceed at an accelerated rate. The structure and interior finishes have been allowed to rot and deteriorate over time. Where viewable, it was noted that debris from fallen plaster and other materials covers the floor, creating a tripping hazard for anyone who may enter the building. The broken glass in some of the upper windows and on the sidewalk is a danger to anyone passing by the building. 4. At the south side of the building there is a cantilevered roof section that was used to provide shelter for a fumace oil storage tank (now removed). The roof section is approximately less than I metre in width, and approximately 1.5 metre above the ground surface. It is supported by resting on a post at one end, and is not supported at the other end, where it is visibly deflecting under its own weight. If the roof section were to collapse it could harm members of the public who may be on the premise, including emergency personnel. There are several attractions nearby including the Lome Middle School, the North End Community Centre, and the North End Food Bank. The sidewalk on Bryden Street is directly adjacent to the building with no buffer between it and the building. The building is a hazard to the safety of any pedestrians walking to and from the local attractions due to its fire damaged and dilapidated condition as well as its lack of occupancy and its ease of access. Additionally, the building has been insufficiently secured and there has been vandalism at the site since becoming vacant. 3 208 Fire Marshal Order On February 9, 2011 an Order from the Fire Marshal was issued to the owner of the property to demolish the building after an inspection was completed by Roy Nolan, Fire Prevention Officer with the Saint John Fire Department. The owner successfully appealed the Order and was granted a time extension until July 5, 2011 contingent on three conditions. The owner has failed to comply with these conditions, namely failing to properly close or properly barricade windows located on the second floor and failing to remove from the exterior and interior of the property all flammable and combustible liquids and loose combustible materials before or by April 16, 2011. The owner stated that he had a potential buyer for the property and that the extension would give him the time he required to sell the property. At the time this report was prepared, .the property has not changed ownership. Required Remedial Actions: The owners must comply with one of the two options stated below: Option 1: Remedy the conditions of the building and premise through all repair and remedial actions as follows: 1. The building must be completely repaired so it may become occupied while maintaining minimum standards as described by the Minimum Property Standards By -law and the Code. 2. A detailed plan must be submitted to the Buildings and Inspection Services Department of the City of Saint John (the "Department") for review and approval. This plan should include a complete engineering report regarding the structural soundness of the building and any necessary repairs. This plan should also include a schedule for the work that is to be carried out in a timely fashion. The repaired building must meet the National Building Code of Canada (2005) and any other applicable codes and standards. 3. The detailed plan, including schedules and any engineering reports, must be approved by the Department prior to commencing repair work. 4. A building permit must be obtained for any and all applicable work prior to commencing said work from the City of Saint John in order to comply with the ,Saint John Building By -law, By -law Number C.F. 101. 5. The premise must be cleared of all debris and junk items including broken glass, construction materials, and any miscellaneous. items found on the property. The debris must be disposed of at an approved solid waste disposal site, in accordance with all applicable by -laws and regulations. Documented proof, that clearly demonstrates an approved solid waste disposal site was used for the disposal of debris, must be provided to the Department. The premise must comply -with all applicable by -laws and regulations. Option 2: Demolition of the building and cleanup of all debris on the premise by complying with all the remedial actions as follows: 1. The building must be demolished to remove the hazard to the safety of the public by reason of dilapidation. 2. A demolition permit must be obtained from the City of Saint John in order to comply with the Saint John Building By -law, By -law Number C.P. 101. 3. The premise must be cleared of the debris from the demolition and the lot must be made reasonably level with grade so as to not create a tripping or falling hazard. All debris must be disposed of at an approved solid waste disposal site, and in accordance with all applicable by -laws, acts and regulations. Documented proof, 209 that clearly demonstrates an approved solid waste disposal site was used for the disposal of debris, must be provided to the Department. 4. All debris that is currently on the premise must be cleared and disposed of at an approved solid waste disposal site, and in accordance with all applicable by -laws, acts and regulations. Documented proof, that clearly demonstrates an approved solid waste disposal site was used for the disposal of debris, must be provided to the Department. 5. The property must be in compliance with all applicable by -laws and regulations. Prepared by: Stewart Handrahan, BScE Date Standards Officer Buildings and Inspection Services Department Reviewed by: /�- Pamela Bentley, P. Eng. Technical Services Engineer Buildings and Inspection Services Department 5 210 Date NOTICE OF APPEAL FORM 1 (Municipalities Act, R.S.N.B. 1973, c. M -22, s.190.021(1)) File No.: BETWEEN: Appellant(s), -and - THE CITY OF SAINT JOHN, Respondent. Parcel Identifier: PID # Parcel Address: Owner(s) or Occupier(s): Name: Address: Telephone: Name: Address: Telephone: AVIS WAPPEL FORMULE 1 (Loi sur les municipalites, L.R.N.-B. de 1973, ch. M -22, par. 190.021(1)) No du dossier : This is Exhibit "B" ENTRE :.Reiff rred t in the Aff avit of Sworn before me at the City of Saint John, New Brunswick voff a0 // Commissioner of Oaths PAMELA M COMMISSIONER OF ON - et - My COMMISSION EXPIRES . DECEMBER 319T, 2013 THE CITY OF SAINT JOHN, Intimee. Numero d'identification de la parcelle : # NID Adresse de la parcelle : Proprietaire(s) ou occupant(s) Nom : Adresse Telephone: Nam : Adresse: Telephone: 211 -2- The above named appellant(s) is (are) not satisfied with the terms and conditions set out in the notice that has been given under section 190.011 of the Municipalities Act and appeals to the Saint John Substandard Properties Appeal Committee. The appellant's grounds for this appeal are as follows (set out the grounds clearly but briefly): Dated at the 2011. L'appelant(s) susnomm6(s) n'accepte(nt) pas les modalitds ou les conditions qui y sont 6nonc6s dans 1'avis qui a 6te notifid aux termes de Particle 190.011 de la Loi sur les municipalites et fait appel au Comite d'appel des proprietes inferieures aux normes de Saint John. Les motifs d'appel de I'appelant(s) dans le pr6sent appel sont les suivants (enoncer les motifs de fagon claire et concise) : day of Fait Signature of owner or occupier The appellant(s) intends to proceed in the English or French language (Please check the appropriate box). Please forward your Notice of Appeal by registered mail to the clerk of The City of Saint John within fourteen (14) days after having been given the notice at the following address: Common Clerk's Office 15 Market Square, City Hall Building, 8t` Floor P. O. Box 1971 Saint John, New Brunswick E2L 4L1 Telephone: 506- 658 -2862 Telecopier: 506- 674 -4214 Notes: 1. A notice that is not appealed within fourteen (14) days after having been given the notice shall be deemed to be confirmed. le 2011. Signature du propri6taire ou l'occupant L'appelant(s) a (ont) l'intention d'utiliser la langue frangaise ou anglaise (Veuillez cocher la case appropriee). Feuillez faire parvenir votre Avis d'appel par courrier recommande au secretaire de The City of Saint John dans les quatorze (14) jours qui suivent la notification de 1 'avis a 1 'adresse suivante : Bureau du greffier communal 15 Market Square, Edifice de I'h6te1 de ville, 8` 6tage Case postale 1971 Saint John (Nouveau- Brunswick) E2L 4L1 T616phone: 506- 658 -2862 T616copieur: 506- 674 -4214 Notes : 1. Un avis dont it West pas inter etd appel dans les quatorze (14) jours qui suivent la notification de 1'avis est reputde confirm6. 212 3- 2. On an appeal, the Saint John Substandard Properties Appeal Committee shall hold a hearing into the matter at which the owner(s) or occupier(s) bringing the appeal has (have) a right to be heard and may be represented by counsel. 3. On an appeal, the Saint John Substandard Properties Appeal Committee may confirm, modify or rescind the notice or extend the time for complying with the notice. 4. The Saint John Substandard Properties Appeal Committee shall provide a copy of its decision to the owner(s) or occupier(s) of the premises, building or structure who brought the appeal within fourteen (14) days after making its decision. 5. The owner(s) or occupier(s) provided with a copy of a decision from the Saint John Substandard Properties Appeal Committee may appeal the decision to a judge of The Court of Queen's Bench of New Brunswick within fourteen (14) days after the copy of the decision was provided to the owner(s) or occupier(s) on the grounds that (a) the procedure required to be followed by the Municipalities Act was not followed, or (b) the decision is patently unreasonable. 2. Lors d'un appel, le Comite d'appel des proprietes inferieures aux normes de Saint John doit tenir, sur le point en litige, une audience au cours de laquelle le(s) propridtaire(s) ou 1'occupant(s) qui interjette(nt) appel a (ont) le droit d'etre entendu(s) et peut(vent) se faire representer par un avocat. 3. Lors d'un appel, le Comite d'appel des proprietes inferieures aux normes de Saint John peut confirmer, modifier ou annuler 1'avis ou proroger le ddlai pour s'y conformer. 4. Le Comite d'appel des proprietes inferieures aux normes de Saint John doit fournir une copie de sa decision au(x) propridtaire(s) ou a 1'occupant(s) des lieux, du batiment ou de la construction qui lui a(ont) interjetd appel dans les quatorZe (14) jours suivant la date a laquelle it a rendu sa ddcision. 5. Le(s) propridtaire(s) ou l'occupant(s) A qui une copie d'une ddcision a dtd fournie par le Comite d'appel des proprietes inferieures aux normes de Saint John peut(vent), dans les quatorZe (14) jours qui suivent, interjeter appel de la ddcision devant un juge de la Cour du Banc de la Reine du Nouveau - Brunswick au motif que (a) la ddmarche A suivre en vertu de la Loi sur les municipalites n'a pas W suivie, ou (b) la ddcision est manifestement ddraisonnable. 213 rte. Photos of 18 -20 Bryden Street (PID 375626) SAINT JOHN Date of Photos: August 2, 2011 214 N r �w 7 �4 ad 215 ~ Me 1p 216 _'--' - -`. 71� �� M r I r' ' S ' gr i 217 218 km 219 y� VV 220 REPORT TO COMMON COUNCIL September 23, 2011 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: M1 The City of Saint John SUBJECT: Saint John Community Loan Board — Maturity of Investment Background: On August 13, 2007 Common Council adopted the following resolution: "RESOLVED that as recommended by the City Manager, Common Council approve a $50,000 investment in the Saint John Community Loan Fund, and indicate an expected return of 3 %. " At the Common Council meeting of September 19, 2011 the attached letter was received from the Saint John Community Loan Fund. This item was referred to the Commissioner of Finance for a recommendation. This letter indicated that the original investment would be maturing on October 23, 2011 and at that time would have earned $6,275.44 in interest. The letter went on to explain that the City of Saint John has four options with respect to this investment as follows: a. Withdraw the investment with interest earned; $56,275.44 b. Withdraw the interest only and re- invest the principal for another term c. Donate the interest earned and re- invest the $50,000 d. Re- invest principal and interest for another term Any of these options would be appropriate for the acceptance by the City. In terms of the financial reporting of this transaction, if the City were to choose option "C" then the donation of the interest would be an expense for the City and would be charged against operations in 2011. 221 Report to Common Council September 23, 2011 Page 2 The interest revenue of $6,275.44 has been reflected in the accounts of the City of Saint John for each of the years 2008 to 2011. Recommendation: That Common Council approve the reinvestment of the principal of $50,000 in the Saint John Community Loan Fund at a rate of return of 3 %. Respectfully subm Gregory JN' osxians, CGA, MBA Comm issio Hof Finance 222 Saint John Community Loan Fund BOARD OF DIRECTORS President Louise B61and Beland Conferencelnterpreters Vice - President Alicia Love Stewart McKelvey Sterling Scales Law Treasurer Beverly Zirobwa Ernst & Young Secretary Kathryn Asher Human Development Council Past President Bob Boyce Robert L. Boyce Architect Abby Colwell Abby's Mortgages Marge Hamilton Retired Randy Hatfield Human Development Council Don LeBlanc Century 21 Jennifer Nicholls Stantec Rob Roy Rob Roy Reproductions INVESTOR CHAMPIONS Gerry Pond Leslie Oland Margaret -Anne Blaney Making a Difference One Investment at a Time luves ilig in People — Imes iitng in COmmwrity September 12, 2011 Mayor Ivan Court and Members of City Council City of Saint John 15 Market Square, 8th Floor Saint John, NB E2L 1E8 Dear Mayor and Council: 133 Prince Edward St. Saint John, NB E2L 3S3 Tel 506 652 5600 - Fax 506 652 5603 E -mail loan fundea nbnet.nb.ca Website Nww.loanfund.ca Re: $50,000 Investment On October 23, 2007, the City of Saint John invested $50,000 for a term of 4 years at an interest rate of 3 %. The investment will complete its term on October 23, 2011. The interest earned for the four year period is $6,275.44. The City of Saint John has four options regarding this investment: a) Withdraw the investment with interest earned; $56,275.44 b) Withdraw the interest only and re- invest the principal for another term c) Donate the interest earned and re- invest the $50,000 d) Re- invest principal and interest for another term If you have any questions for me please do not hesitate to ask. Of course, I favor option c) as this always allows us to leverage more lending by building our reserve. This July we celebrated our 11th year of operations and surpassed two significant milestones; over 200 loans disbursed and more than 2000 individuals trained. More importantly new businesses have started and individuals have transitioned to work, earning income and gaining self reliance. We also want to make an impact in our neighbourhood. In 2009 we renovated a partially vacant building on Prince Edward St. to make it our office location and two affordable apartments. We are now planning a larger development on adjacent lots which will see us build a mixed use building for enterprising non - profits, business, and housing. I have attached our most recent annual report for more information. I look forward to our continued partnership in building a strong and vibrant Saint John. Sincerely, Seth Asimakos General Manager Saint John Community Loan Fund 174 223 REPORT TO COMMON COUNCIL M &C2011 -254 September 22 "d, 201 1 His Worship Mayor Ivan Court And Members of Common Council Your Worship and Members of Council, SUBJECT: SOLID WASTE MANAGEMENT SERVICE - COLLECTION DECISION BACKGROUND The City of Saint John On August 29`h, staff presented two reports to Council on the Solid Waste Management Service. The first gave a general overview, with a brief update on various aspects of the service under review and a context for changes being contemplated. The second was a financial and operational analysis of collection alternatives; using "in -house personnel and equipment" or "contracted collection" for residential refuse and compost. The latter report (M &C 2011-89, dated June 17, 201 1) is attached for reference. It was also suggested during a very good discussion at the August 29`h meeting that staff look into a number of questions raised. This has been done. The purpose of this report is to recommend a direction for the collection of residential solid waste in Saint John. In doing so, we emphasize the underlying goal of optimizing service delivery - good quality service, at the best possible cost to meet the solid waste management needs of the community over the long term. ANALYSIS The Solid Waste Collection Financial Analysis - Outsource Decision (Appendix A to M &C 2011-89) prepared by the Finance Department, compared three collection alternatives: 1 . Status quo - existing 64%/36% split between internal and external collection; 2. Move all collection "in house" and terminate current contract arrangements; 3. Outsource all collection activities. The objective of the financial analysis was to provide guidance for a decision on the most cost - effective collection option, with due appreciation for the scope limitations and assumptions of the study. 224 Solid Waste Management Service - Collection Decision September 22nd, 2011 Report to Common Council, M &C 2011-254 Page 2 The choices came down to #1 (status quo - 64/36 split) or #2 ( "in house "). Although alternative #3 was considered competitive, though not superior, its feasibility is constrained by collective agreement obligations concerning workforce reductions. The financial analysis concluded that City equipment and employees can provide all solid waste and compost collection services at a savings of about $1.3 million over 5 years, with operational savings on an absolute basis of approximately $500,000 annually. The discounted payback period is expected to be 1.81 years on the initial upfront investment of approximately $794,000 for three additional packer units. At least 8 to 10 months would be needed (depending on equipment availability) for transition to full "in- house" collection. Four additional personnel at the entry Skilled Worker level would also be added to the solid waste complement to handle the increased scope of operations. Based on a 5 -year projection of annual costs for all 25,985 units (18,395 bi- weekly + 2 x 3,795 weekly), it is projected that the City can provide this service for all units at an overall average rate of $11.42 per unit per month over the next five years. Personnel Considerations Staff has been working with union representatives to identify ways to control personnel costs, reduce time lost from duty and generally improve the reliability of operations. A pilot project began in September 2009 where new personnel start out in solid waste and then `graduate' to another service area in time. This has had positive results; one being a reduction in lost time for this service area of over 75 %. A separate report (M &C 2011-242, dated September 22 "d, 201 1) recommends ratification of a letter of agreement with CUPE, Local 18 that would make necessary amendments to the collective agreement on career structure and wage levels for solid waste workers. Equipment Fleet The solid waste collection fleet is critically important to delivery of service and the management of service costs. Equipment availability and reliability are central to a continuous scheduled service. Garbage and compost must be collected on the appointed day and transported to Crane Mountain. The fleet of packers needs to be effectively managed, with appropriate preventive maintenance, timely repairs, and renewal policies that ensure the best value for money over the long -term. In continuous operations of this nature, equipment is heavily utilized and subject to breakdown. Note that several of the existing units are beyond their optimum replacement point (ORP) and, as such, present a challenge for service delivery. Packer units are scheduled to be replaced this year (201 1) and next (2012). 225 Solid Waste Management Service - Collection Decision September 22nd, 2011 Report to Common Council, M &C 2011-254 Page 3 The financial analysis contemplated that the existing fleet of seven packers would be in satisfactory operating condition. As a good part of this fleet is "worn out ", an appropriate schedule of renewals needs to be maintained. Unless the units slated for replacement are, in fact, replaced as and when required, the ability to deliver service will be compromised. INPUT FROM OTHER SOURCES Staff followed -up with the City's current contracted carrier and the City of Fredericton. After explanation of our financial analysis and a review of the context for information provided earlier by FERO, the FERO representative understood the assumptions, context and conclusions (rationale for an in -house model) of that analysis of delivery options. Fredericton has a much different solid waste collection model than Saint john. Although staff did not do a detailed comparative analysis, our two communities have different collection models and offer different types and levels of service. The dialogue with Fredericton, however, was useful in terms of understanding different community characteristics and alternative approaches to the solid waste management service. The Commissioner of Finance and the Manager, Fleet and Materials Management have provided important guidance. FINANCIAL IMPLICATIONS Cost implications are presented in the financial analysis prepared by Finance. Sound fleet management policies and effective preventive maintenance procedures are absolutely essential to ensuring a quality and cost - effective internally delivered service. Existing fleet resources need to be kept in a proper state of repair and replaced at the optimal time. As there is a significant delivery period for procurement of packer equipment, a new service model would become effective on September 4', 2012. The current contract agreement (36% of household units) has been extended to September 3rd, 2012. Effective Use of Available Resources The recommended changes in solid waste give Council an opportunity to reallocate limited resources. Given the critically important need to invest substantially more each year in recurring street maintenance, it would be prudent to assign the amounts saved here to streets; specifically, to a curb and sidewalk renewal program in support of asphalt resurfacing and drainage control. A great number of streets, particularly in residential neighbourhoods, need curb and /or sidewalk renewal before they can be resurfaced. We believe that this would enable the City to maximize the effectiveness of resurfacing resources and achieve the best value for pavements across the community. 226 Solid Waste Management Service - Collection Decision September 22nd, 2011 Report to Common Council, M &C 2011-254 Page 4 RECOMMENDATIONS It is recommended that Common Council: 1. Understand the value of a change to a full "in house" solid waste collection model - effective September 4`", 2012; 2. Approve the procurement of three additional packer trucks at an estimated total cost of $794,000 (plus HST), bringing the overall fleet total to 10 solid waste collection packers. 3. Support the timely replacement of existing packer units; one in 2011 and another in 2012. 4. Consider in upcoming General Fund Operating Budget deliberations the reallocation of at least $150,000 in 2012 and $500,000 in 2013 and beyond to the renewal of curb and sidewalk infrastructure in support of asphalt resurfacing and drainage control. Respectfully submitted, J.M. Paul Groody, P. Eng. Commissioner, Municipal Operations & Engineering J. Patrick Woods, CGA City Manager 227 REPORT TO COMMON COUNCIL M &C2011 -89 June 17, 2011 His Worship Mayor Ivan Court And Members of Common Council Your Worship and Members of Council, SUBJECT: SOLID WASTE MANAGEMENT SERVICE — OUTSOURCE DECISION INTRODUCTION The City of Saint john Effective solid waste management is an essential municipal service — important for reasons of public health, quality of life, and the cleanliness of properties and streetscapes. Staff is undertaking a comprehensive review of the service — based on principles of sustainability, quality service, prudent financial management and responsibility on the part of every citizen. This is one of several solid waste topics that will be reported over the coming months. Purpose of Report This report presents a financial and operational review of collection alternatives; essentially, "in- house" City resources or utilization of "contracted" carriers - a "make- versus -buy" choice. BACKGROUND Currently, 19 of 53 solid waste collection routes are contracted (based on available resources), while the remainder are serviced by City employees and equipment. The Solid Waste Management Service has been a highly rated municipal service with respect to citizen satisfaction. In 2009 and 2010, an average of 79% of citizens was satisfied (very or somewhat) with service delivery and an average of 86% of citizens believes that this service is `very important'. ANALYSIS Periodic operational and financial analysis of the Solid Waste Management Service is necessary to ensure the City provides optimal service delivery and receives the best value for the allocated funding. As operational and/or financial conditions change, the service must adapt to new realities. 5U5TAINA51LITY 228 5olidWaste Management 5ervice— OutsourcingF_)ecision June 17, 2011 KeFort to Common Council, M &C 201 1 -89 Page 2 In 2010, the City sought and received `Expressions of Interest' from local contractors to provide sole source contracted solid waste and compost collection services for a total of 22,190 households, of which 3,795 customers receive weekly collection service. Two contractors submitted bids - based on 2009 solid waste /compost disposal expense information. Bids were also received for the existing 19 contracted routes and for an arrangement that would contract 50% of the routes; the other 50% operated by the City. The enclosed Solid Waste Collection Financial Analysis — Outsource Decision dated June 17th, 2011 (Appendix A) has been prepared by Finance. It compares three alternatives: [ #1] the status quo, the existing 64 %/36% split between internal and external collection; [ #2] bringing all collection "in house" and terminating the current contract arrangement; and [ #3] outsourcing all collection activity. The objective of the analysis was to provide financial guidance for a decision on selecting the most cost - effective collection option for Saint John. The author cautions that "readers ... should take note of the scope limitations section ... in addition to carefully reviewing the assumptions within that drive the financial results ". When assessing alternative #3, it had to be assumed the City could reduce the cost of its workforce. Reduction of wage and benefit costs would be a key to pursuing such an option. Although alternative #3 was deemed competitive, though not superior, its feasibility is constrained by the City's collective agreement with CUPE, Local 18 and the commitment to maintain a minimum number of workers. Although staff will discuss the alternative during its presentation, it is not one that is viable under existing conditions. The comparisons outlined herein look at #1 (status quo - split) and #2 ( "in house "). The financial analysis indicates that City equipment and employees can provide all solid waste and compost collection services at a savings of about $1.3 million over 5 years, with operational savings on an absolute basis of approximately $500,000 annually. The discounted payback period is expected in 1.81 years on the initial upfront investment of approximately $794,000 required for three additional packer units. Based on a 5 -year projection of annual costs for all 25,985 units (18,395 bi- weekly + 2 x 3,795 weekly), it is projected that the City can provide this service for all units at an overall average rate of $11.42 per unit per month over the next five years. Once the current annual supply contract, for contracted collection services, expires in September 2011, a necessary extension of services for a period of approximately 8 to 10 months would be needed (depending on equipment availability) for transition to full "in- house" collection. Personnel Considerations Factors impacting service delivery include personnel and equipment availability. We highlight the good job done by solid waste and compost collection personnel. A core group of stalwarts has enabled the City to deliver an excellent collection service. In the 5U5TAINANLITY 229 Solid Waste Management Service — Outsourcing J)ecision June 17, 201 1 KeFort to Common Council, M &C 201 1 -89 Page j past, however, wear and tear on some employees has been telling. Team members have been lost for periods of time and their non - availability has made service delivery difficult. In cooperation with Local 18, a pilot project began in 2009 where new personnel start out in solid waste and then `graduate' to another service area in time. Lost time in this service area has been reduced by over 75% in 2009 and 2010 when compared to 2008. Should City forces provide city -wide collection service; four additional personnel at the entry Skilled Worker level would be required; re- allocated from other service programs. Equipment Fleet The City's solid waste fleet currently consists of seven (7) side - loading one - person packers and a mini - packer unit for litter clean up. This equipment is scheduled for replacement every 10 years with several packers due to be replaced in the next few years through the Fleet `reserve' fund. Six of the seven packer units are beyond their optimum replacement point, but are less than ten years old. In continuous operations of this nature, equipment is heavily utilized and subject to breakdown. An evening shift instituted in the mechanical garage has played a crucial role towards the operational readiness of this equipment. Equipment availability is a central consideration in planning and setting route schedules for any continuous service. Garbage /compost must be collected on the appointed day and transported to Crane Mountain. In order to ensure service reliability, a level of equipment redundancy must be built into service schedules. All pieces of equipment cannot be scheduled for deployment every day. Should City forces provide city -wide collection service, a side - loading one - person packer with dual access and two rear - loading two- person split packers would need to be added to the existing fleet to offset current contract resources; to enable consistent service delivery and ensure efficiency of service on narrow roads, in uptown traffic and on one -way streets. 5U5TAINANLITY 230 t. 5olidWaste Management 5ervice— OutsourcingF_)ecision June 17, 201 1 KeFort to Common Council, M &C 201 1 -89 Page 4 Service Continuity A solid waste service performed entirely by municipal employees increases the risk of service disruption in times of labour strife. Solid waste (garbage) becomes a critical public health issue when collection does not occur in a timely and thorough manner. Despite this, the costs versus benefits of City personnel providing collection services at this time cannot be ignored. The local contracting community could still be engaged in the future should economic realities and cost -of- service circumstances change. Collective Agreement Provisions A letter of agreement with Local 18 that would make necessary amendments to the collective agreement on career structure and wage levels for solid waste workers will be brought forward. A "no strike / no lock -out" provision for those essential service workers had also been considered, but the union advised that it could not agree with such a provision in the context of a single service and without fully considering provisions to address the broader interests of its membership. FINANCIAL IMPLICATIONS Cost implications are presented in the attached financial analysis prepared by Finance. CONCLUDING REMARKS The analysis of the solid waste collection service has been undertaken by staff of Finance and Municipal Operations. The changes outlined will be implemented, subject to Council's approval of 2012 funding for three additional packer units and ratification of the necessary letter of agreement with Local 18. Specific recommendations for those decisions will be brought forward soon to enable the process of change to move ahead. At this time, feedback from members of Council would be appropriate. RECOMMENDATION It is recommended that Common Council receive and file this report. Respectfully submitted, J.M. Paul Groody, P.Eng. J. Patrick Woods, CGA Commissioner, City Manager Municipal Operations & Engineering 5U5TAINANLITY 231 SAINT JOHN NEW BRUNSWICK SOLID WASTE COLLECTION Financial Analysis — Outsource Review June 17th, 2011 Table of Contents EXECUTIVESUMMARY .............................................................................. ............................... 3 -4 INTRODUCTION £t BACKGROUND ..................................................................... ..............................5 OBJECTIVE............................................................................................... ............................... 6 METHODOLOGY......................................................................................... ............................... 7 SCOPELIMITATION ...................................................................................... ..............................8 KEYASSUMPTIONS ................................................................................. ............................... 9 -10 BUDGET PROJECTION ( PRO - FORMA) ............................................................. ............................... 11 FINANCIAL ANALYSIS ................................................................................ ............................... 12 DIFFERENTIAL COST ANALYSIS (STATUS QUO VERSUS `IN- HOUSE' ) ............................................................. ............................... 12 BaseCase ........................................................................................................................................................ .............................12 Sensitivity Analysis — Best, Worst & Most Likely Case ........................................................................... ............................... 13 -14 BudgetImpact Analysis ................................................................................................................................... .............................14 Conclusion & Recommendation ...................................................................................................................... .............................15 DIFFERENTIAL COST ANALYSIS (`IN- HOUSE' VERSUS `OUTSOURCE') ............................................................ ............................... 16 BaseCase ........................................................................................................................................................ .............................16 Sensitivity Analysis — Best, Worst & Most Likely Case ................................................................................... .............................17 BudgetImpact Analysis ................................................................................................................................... .............................18 Conclusion & Recommendation ...................................................................................................................... .............................19 RISKFACTORS ........................................................................................ ............................... 20 2 233 The City provides for collection of refuse and compost, through the Solid Waste Collection Service, at 22,190 eligible residential households in accordance with the Solid Waste By -Law. Approximately 18,395 of those households receive service on a bi- weekly basis, while 3,795 households in priority neighbourhoods are serviced weekly. This amounts to collection at 25,985 units (18,395 +3,795 +3,795) during every two week period, utilizing both "in- house" resources (16,718 collection units) and contracted services (9,267 units) by FERO Waste and Recycling Inc. ( "FERO "). A re- evaluation of the service and its methods of delivery have been undertaken. On the matter of solid waste collection, the City can decide to proceed with the following options: 1. Continue with the Status Quo which means servicing 16,718 units with "In- House" resources and outsourcing 9,267 units with contracted services ( "Alternative #1 "); 2. Bring all 25,985 units "In- House" and terminate existing contractor services ( "Alternative #2 "); 3. Outsource all 25,985 units to the contractor that provides the most competitive pricing and acceptable service level ( "Alternative #3") The objective of this report is to provide financial analysis that is useful for making a decision associated with the above alternatives. The readers of this report should take note of the scope limitations section of the report in addition to carefully reviewing the assumptions within that drive the financial results. Alternative #1 versus Alternative #2 Finance produced a differential cost analysis to compare the cost of providing solid waste collection services via Alternative #1 versus Alternative #2. With assumptions vetted by operations, Finance estimates Alterative #2 will result in increased value for the City by approximately $1,387,000 over a 5 year period. This is supported by an expected reduction in annual operating costs of approximately $500K per annum. However, given the inherent uncertainty of assumptions, different financial results could arise. Finance sensitivity tested the assumptions for the number of City workers required and percentage of contingency afforded to produce best case, worst case and most likely case scenarios. The base case provides for 4 additional City workers and offers a 5% contingency. On a best case scenario (4 additional City workers and no contingency) Finance estimates Alternative #2 will yield value accretion of $1,631,176 over 5 years. On the flipside, a worst case scenario provides for 6 City workers and an additional 10% contingency, reducing the value increase to $581,666 over the same period. The most likely result will be somewhere in between, estimated between $989,413 and $1,507,847 over a 5 year period. Applying probabilities produces an expected case of approximately $1,292,000 over 5 years. Operations indicate a call for bids was sent in August of 2010 for the units currently serviced by FERO, for which FERO was the lowest bidder. The expectation is sending another call for bids would yield similar results. Based on this information and the results established in the financial model, Finance concludes Alternative #2 would achieve better value for money for the City. Alternative #2 versus Alternative #3 Expressions of interest (EOI) were solicited for Alternative #3 with Waste Management of Canada Corporation ( "WMCC ") being the lowest bidder. Based on assumptions vetted by operations, and based on the WMCC bid, Finance estimates Alternative #2 provides marginally higher value for money over the 7 year term by approximately $255,000. This is supported by an expected reduction in annual operating costs of approximately $225K per year. 234 However, given the inherent uncertainty of assumptions, different financial results could arise. The base case assumes Alternative #2 would require 4 additional City workers in Solid Waste and incorporates a 5% contingency. A best case scenario assumes 4 additional City workers is sufficient and incorporates no contingency, resulting in estimated value accretion of approximately $784,694 over 7 years. On the other hand, a worst case scenario assumes 6 City workers are required and adds a 10% contingency, diluting value by approximately negative $974,447 over the same period. The most likely result will be somewhere in between, estimated between a negative value of $350,469 and a positive value of $521,093 over the 7 year term. Applying probabilities produces an expected case of approximately $137,000 in positive value, basically a breakeven between the two alternatives. Paramount to any outsource decision is the cost of wages and benefits. When assessing Alternative #3, Finance had to assume the City is unrestricted in its ability to reduce the cost of its workforce; otherwise the financial analysis of Alternative #3 is moot. Wages and benefits are the single largest savings when undertaking such a review. The reality, however, is the collective agreement with Local 18 commits the City to maintain a minimum of 293 outside workers. Unless otherwise negotiated it is unlikely that savings can be realized by means of a permanent workforce reduction. Finance recommends sustaining the "In- House" business model at this point in time due to the following: 1. Finance estimates value accretion for the "In- House" approach as the most probable result 2. Start-up cost would be significant if the City needed to get back into the solid waste business 3. There is rate uncertainty in the WMCC contract, with a clause for rate increases for fuel and inflation 4. Uncertainty of feasibility for a permanent workforce reduction to generate required savings However, WMCC did put forward a very competitive proposal. The value gap between the two alternatives over 7 years is slim. Further investigation and discussion may be merited given the EOI expressly states opportunity for a lower rate based on a longer term agreement. Finance recommends if such discussions do proceed, a formula be agreed upon representing annual inflation and fuel increases that is transparent for both parties. In addition, given the significant start-up costs required to get back into the solid waste business, Finance recommends the proposal be based on a longer term than 5 -7 years. A positive business case is also dependent on the City's ability to reduce wages and benefits. Finally, the financial model should be refreshed if these events were to occur. Business Case & Risk Management The financial projections within this report should form part of an overall business case to provide Council with a comprehensive picture aligned with the City's overall corporate strategy. The business case should consist of a thorough analysis of the City's needs, opportunities, threats (risks), and alternatives. From a risk management perspective, Finance suggests the strategy addresses the following business issues: 1. Risk of loss of service quality and control in the outsource model 2. Business interruption risks from labour disputes and strikes 3. Business interruption risks from contractor business closure 4. Uncertainty in long term contractor rates 5. Quality of monitoring, reporting, information needs 6. Impact on employee morale 235 INTRODUCTION & BACKGROUND Municipalities across Canada are continuously seeking ways to provide high service levels in the most cost effective manner. One approach to reduce costs is through outsourcing, provided it is not cost prohibitive and there is a business case to support it. The purpose of this report is to study that business case. For several years the City has contracted out part of the collection of its solid waste, primarily for reasons of internal capacity and resource limitations. The City provides for collection of refuse and compost, through the Solid Waste Collection Service, at 22,190 eligible residential households in accordance with the Solid Waste By -Law. Approximately 18,395 of those households receive service on a bi- weekly basis, while 3,795 households in priority neighbourhoods are serviced weekly. This amounts to collection at 25,985 units (18,395 +3,795 +3,795) during every two week period, utilizing both "in- house" resources (16,718 collection units) and contracted services (9,267 units) by FERO Waste and Recycling Inc. ( "FERO "). A re- evaluation of the service and its methods of delivery have been undertaken. Based on the 2011 budget submission, the City is expected to invest $4,113,000 in Solid Waste collection, with $1,760,000 representing contracted services. Expressions of interest (EOI) were recently solicited for the collection of all 25,985 units. Two responses were received on Thursday, August IV, 2010; one from FERO and the other from Waste Management of Canada Corporation ( "WMCC "). The EOI in no way binds the City of Saint John to either company. Pricing on a final tender would be based on fixrther due diligence supplied by the City and may result in higher or lower pricing. The following is a summary of the pricing terms within each EOI: The Finance Department was requested to provide a financial analysis to support an overall business case that compares the merits of providing solid waste services with City workers (hereinafter referred to as "In- House ") to the value of outsourcing the service to a private contractor. The financial analysis for such a business case is often referred to as a "Make- versus -Buy" decision. 236 FERO Waste Management of Canada Term 3 Years with option to renew 5 -7 Years with option to renew Solid Waste & Compost $15.40 per unit per month $7.50 per household per month Disposal Cost Included in Price Excluded in Pricing Annual CPI Adjustment No Yes Fuel Included in Price Monthly Rate Adjustment The Finance Department was requested to provide a financial analysis to support an overall business case that compares the merits of providing solid waste services with City workers (hereinafter referred to as "In- House ") to the value of outsourcing the service to a private contractor. The financial analysis for such a business case is often referred to as a "Make- versus -Buy" decision. 236 The City of Saint John can decide to proceed with the following options for Solid Waste Collection services: 1. Continue with the Status Quo which means service 16,718 collection units with "In- House" resources and outsource 9,267 units with FERO ( "Alternative #1) 2. Bring all 25,985 units "In- House" and terminate the FERO contract ( "Alternative #2 ") 3. Outsource all 25,985 collection units to a private contractor that provides the most competitive pricing and acceptable service level ( "Alternative #3 ") The objective of the report is to produce financial analysis that is useful for making a go forward decision. Two financial analyses will be employed: 1. Differential Cost Analysis 2. Budget Impact Analysis The report will also touch on the importance of having a business case for long term investment decisions that addresses both the financial implications and a strategy for risk management. 237 Strategic investment decisions should be based on a business case that focuses on the long term to ensure the City obtains the highest value for money. Production of a financial model is critical for justifying whether an investment has value, as well as to demonstrate the long term impact of the strategic decision. A discounted cash flow ( "DCF ") analysis is considered the "gold standard" of financial analysis for measuring the value of long term investments. Cash is the most important measure in a DCF analysis, as incremental future cash flow streams are discounted to a present value to measure the value of a potential investment. The concept of incremental is an important one, as only costs that are affected by taking certain action is relevant. Fixed costs are ignored; as they exist no matter what decision is made. Discounting is another important concept. Discounting determines the present value of a stream of payments that is to be paid or received in the future. Discounting is important to ensure proper weighting is applied to costs today as well as costs into the future. Finally, DCF models also incorporate opportunity cost. Opportunity costs are the costs or benefits foregone by choosing an alternative action. DCF financial models are a powerful tool, however it is important that all inputs in the model are heavily vetted. Financial models are merely a financial tool and are only as good as the information placed within. It is imperative to obtain a comfort level with the reasonableness of the underlying assumptions. The results in a DCF model demonstrates that if the value arrived at is positive; then the opportunity may be a good one. Differential Cost Analysis According to the Government Finance Officers Association' (the "GFOA "), it is recommended that a differential cost analysis (a particular type of "DCF" analysis) be conducted when reviewing the merits of outsourcing. The differential cost analysis illustrates the value difference between two or more alternatives. Future cash flow projections are based on supportable management assumptions and known factors. Given the inherent uncertainty of assumptions, a high level of diligence is required in the vetting process. A sensitivity analysis should also be produced to demonstrate a "best case ", "worst case" and "most likely" case scenario. One major pitfall organizations sometimes fall into is comparing the total costs of alternatives rather than the differential or incremental costs. Doing so can lead to misleading results because fixed costs are often included in total cost and are irrelevant to the decision. For example, if employee costs cannot be avoided due to contractual commitments either directly or indirectly, the costs would be considered fixed and not relevant to the "Make- versus -Buy" decision. A calculation of the Internal Rate of Return ( "IRR ") and the Discounted Payback Period (DPP) often accompany these analyses. The IRR is an indicator of investment return while the DPP calculates the amount of time until the investment is recovered. Budgetary Impact Assessment As expected, there will also be interest in projecting what the City's budget may look like for each alternative. The DCF analysis provides an assessment of value whereas the budget demonstrates funding requirements. ' "Make or Buy? "— R. Gregory Michel, GFOA Manager of Research and Consulting, August 2004 238 SCOPE LIMITATION Readers of this report should take note of the various scope limitations within this document: 1. As it relates to Alternative #3 on page 6, paramount to any outsource decision is the cost of wages and benefits. When assessing Alternative #3, Finance had to assume that the organization is unrestricted in its ability to reduce the cost of its workforce; otherwise the financial analysis of Alternative #3 is moot. Wages and benefits are the single largest savings when undertaking such a review. In reality, however, the collective agreement with Local 18 commits the City to maintain a minimum of 293 outside workers. Unless otherwise negotiated it is unlikely that savings can be realized by means of a permanent workforce reduction. In light of this, for purposes of assessing Alternative #3, the report should be used as an illustrative example of what could possibly be achieved if such limitations did not exist. Some savings may or may not be achievable through reallocation of the permanent workforce. This would require further financial analysis and is considered out of scope for this report. 2. The financial analysis is specifically geared to the solid waste services provided today. Other potential value added services not currently offered, such as curb side recycling, were not contemplated and are outside the scope of this report. 3. Operating and business practices were not reviewed for synergistic cost savings by Finance (i.e. route scheduling, manpower scheduling, etc.) and is also considered outside the scope of the analysis, although Operations should seek to optimize such considerations. 4. Finance did not review any potential impact to service levels from changing the current business model. Questions regarding service level should be posed to Operations. 5. Finance did not analyze the costs associated with a potential transitioning to a user pay system. 6. Alternative #2 compares the cost of FERO services to projected "In- House" costs. The analysis is specific to the current contracted rates with FERO. The WMCC bid is outside the scope of Alternative #2 given the company placed a bid only on the entire business (all City routes). 239 KEYASSUMPTIONS Wages & Benefits • Per scope limitation #1 on page 8, for purposes of assessing Alternative #3, it is assumed the City is able to achieve, regardless of its collective agreement obligations, a reduction in wages and benefits from outsourcing solid waste collection services. • Based on Operations management, Alternative #2 would require 4 additional full time City workers in Solid Waste. Alternative #3 plans for a reduction of 13 full time equivalent positions ( "FTEs "). • Based on Operations management, for Alternative #3, through adherence with the seniority hierarchy, the reduction in 13 FTEs would be with employees that have less than 2 years of service; sufficient working notice would be provided and negligible severance payouts would be required. Expressions oflnterest WMCC's bid excludes disposal costs from their pricing; their position is that leaving these costs with the City allows for "a more competitive price ". The FERO bid includes disposal costs. Finance adjusted WMCC's bid for the estimated disposal costs and both bids for non - refundable portion of HST to establish an "apples to apples" rate. The WMCC rate was deemed lowest bid based on the following table for the first year: Term Annual Charge Estimated Disposal Costs Total Solid Waste /Compost Collection Units Monthly Unit Rate Fero WMCC $4,966,738 $2,065,577 $0 $1,410,289 $4,966,738 $3,475,866 25,985 25,985 $15.93 $11.15 ** Annual Charge includes Non Refundable Portion of HST • WMCC minimum contract term per EOI is 5 -7 years with upside potential that additional option years may result in more competitive pricing • Pricing on final tender will be based on a more detailed due diligence exchange with the City which may or may not result in higher or lower pricing on tender • WMCC rates are adjusted regularly for changes in CPI and Fuel prices Fuel Costs • Consideration to density, and fuel rates. Assumes 5% annual increase Contin .eency • To be conservative, a contingency was applied in the base case at 5% and was sensitivity tested 240 Capital Investment • Alternative #2 requires the purchase of 3 solid waste packers. The 3 packers would consist of 1 side loading 1 person packer, and 2 rear loading 2 person split packers and have an estimated average unit price of approximately $264,667. • The City currently has a fleet of 7 side loading 1 person packers. • Based on Fleet Management, the useful life of a packer is estimated to be 10 years Debt Financing • Discount rate - 5.5% • Borrowing Term — 15 Years Tipping Fees • Based on budget and tonnage information from Operations management • Refuse Rate - $108 per ton • Compost Rate - $28 per ton Salvage Value • Finance consulted with Fleet Management to estimate salvage value for the current packer fleet, which are typically salvaged through an auction process • Fleet Management suggests a declining balance depreciation calculation and a straight line depreciation calculation is a reasonable basis to estimate salvage value. The straight line method depreciates over a 10 year useful life. The Declining - Balance method assumes depreciation of 30% on the initial purchase price (year one) and then a further 20% each consecutive year from the previous year balance. • Based upon the above parameters, salvage value is estimated at approximately $260,000 (mid -point below) as reflected below: $197,922 $322,520 Midpoint $ 260,221 Estimate $ 260,000 Employee Lost Time • Opportunity cost calculated based on historical payroll records, and include sick time, workers compensation, medical, family care, union business, and other non work related absences. 10 241 Residual Values Packers Veh # Purchase Price 30/20 Straight Line (10 yrs) 2006 Ford F -550 569 $104,915 $24,065 $47,966 2001 Freightliner 640 $72,200 $10,599 $10,000 2008 International 641 $167,000 $59,853 $104,200 2003 Freightliner 643 $140,076 $17,136 $23,008 2001 Freightliner 644 $72,200 $10,599 $10,000 2006 International 646 $186,366 $42,748 $80,546 2002 International 1 647 $185,626 $15,260 $10,000 2006 International 1 648 $77,000 $17,662 $36,800 $197,922 $322,520 Midpoint $ 260,221 Estimate $ 260,000 Employee Lost Time • Opportunity cost calculated based on historical payroll records, and include sick time, workers compensation, medical, family care, union business, and other non work related absences. 10 241 BUDGET PROJECTION (PRO- FORMA) For the purpose of this report, the 2011 Solid Waste operating budget (Alternative #1 - Status Quo) was adjusted to project what the budget would look like based on an "In- House" model and based on a full outsource model with WMCC. 1. Alternative #1 (Status Quo) is based on the submitted 2011 Solid Waste Collection operating budget which includes FERO contractor fees for 9,267 collection units. 2. Alternative #2 ( "In- House ") is based on the status quo budget adjusted for 4 additional FTEs, increasing total solid waste workers from 9 to 13, to support the 9,267 units serviced by FERO. In addition, incremental tipping fees, vehicle charges and overhead costs were added. These costs are offset from the reduction in contractor fees. A further capital investment of approximately $794,000 would be required for the purchase of 3 new packers. 3. Alternative #3 (WMCC Outsource) is based on the status quo budget adjusted to remove avoidable "In- House" costs and to add the additional WMCC costs for all 25,985 units. The Pro -Forma budgets are illustrated below: Pro Forma Operating Budget Alternative #1 Status Quo Alternative #2 "in-House" Alternative #3 Outsource Based on projected 2011 Solid Waste Budget Additional Resources I Required Based on Waste Management Submission Wages & Benefits $783,391 $1,014,620 $155,812 Tipping Fees $810,000 $1,410,289 $1,410,289 Outsource Services $1,760,000 $0 $2,065,497 Vehicle Usage $479,460 $677,928 $8,736 Vehicle Fuel $107,605 $187,605 $2,000 Other $173,487 $228,525 $199,617 $4,113,943 $3,518,967 $3,841,951 Fiscal Charges $0 $96,603 $0 Total Solid Waste $4,113,943 $3,615,570 $3,841,951 3 Packers Capital Required Alternative #1 Status Quo Alternative #2 "in-House" Alternative #3 Outsource Based on projected 2011 Solid Waste Budget Additional Resources I Required Based on Waste Management Submission $0 $794,000 $0 " Annual operating budget impact for packers reflected in fiscal charges above 11 242 FINANCIAL ANAL YSIS Status Quo (Alternative #1) versus "In- House" (Alternative #2) The status quo has City workers collecting 16,718 collection units while FERO services picks up the remaining 9,267 units. The contracted price per unit with FERO is $15.40 per unit per month. In respect to scope limitation #6 on page 8 of this report, the first financial analysis compares the cost of FERO services to the cost of servicing those 9,267 units fully with "In- House" resources. Exhibit I - Differential Cost Analysis - FERO contract Based on the assumptions previously detailed, the value of replacing the current FERO contract with "In- House" resources is valued at an estimated $1,387,000 over a 5 year period. The discounted payback period on the investment in 3 packers is estimated to be within 20.75 months. The internal rate of return of 57.16% over 5 years exceeds the City's cost to acquire debt supporting a positive business case. FERO's expression of interest for all units proposed the same rate charged today for the next 36 months, thus Finance assumed the FERO rate would be fixed until year 4, and thereafter, a CPI inflation factor was applied. The detail is presented below: Solid Waste Differential CostAnal sis DCF Rounded to nearest 000's Year 0 Year 1 Year 2 Year 3 Year 4 Year 5 Incremental Savings FERO contract $ $ 1,760,000 $ 1,760,000 $ 1,760,000 $ 1,795,000 $ 1,831,000 $ - $ 1,760,000 $ 1,760,000 $ 1,760,000 $ 1,795,000 $ 1,831,000 Incremental Investment in Packers $ (794,000) Incremental "In- House" Costs Tipping Fees for 9,267 units $ - $ (600,000) $ (612,000) $ (625,000) $ (637,000) $ (650,000) 4 FTE's - Solid Waste $ - $ (231,000) $ (238,000) $ (245,000) $ (253,000) $ (260,000) Fuel - 3 Packers $ - $ (80,000) $ (84,000) $ (88,000) $ (92,000) $ (97,000) Vehicle Charges - 3 Packers $ - $ (198,000) $ (202,000) $ (206,000) $ (211,000) $ (215,000) Estimated Lost Time - 4 FTE's $ - $ (15,000) $ (15,000) $ (16,000) $ (16,000) $ (17,000) Insurance $ - $ (3,000) $ (3,000) $ (3,000) $ (3,000) $ (3,000) Admin $ - $ (12,000) $ (12,000) $ (13,000) $ (13,000) $ (13,000) Contingency (5 %) $ - $ (57,000) $ (58,000) $ (60,000) $ (61,000) $ (63,000) Change in Working Capital $ - $ (78,000) $ 4,000 $ 4,000 $ (1,000) $ (1,000) $ - $(1,274,000) $(1,220,000) $(1,252,000) $(1,287,000) $(1,319,000) Incremental "In- House" Savings $ (794,000) $ 486,000 $ 540,000 $ 508,000 $ 508,000 $ 512,000 Discounted "In- House" Savings (5.5%) $ (794,000) $ 461,000 $ 485,000 $ 433,000 $ 410,000 $ 392,000 Cumulative "In- House" Discounted Savings $ (794,000) $ (333,000) $ 152,000 $ 585,000 $ 995,000 $ 1,387,000 Discounted Payback Period 20.75 months Internal Rate of Return on Investment 57.16% over 5 years 12 243 Exhibit 2 - Sensitivityy Analysis ( Best Case, Worst Case, Most Likely Case, and Expected Case) The DCF is quite sensitive to two particular assumptions: 1. Number of additional FTEs required to service the additional 9,267 units (4 in base case) 2. Percentage contingency applied in the financial model (5% in base case) The sensitivity analysis (also referred to as the "what if' analysis) demonstrates the financial risk of volatile assumptions. Finance prepared a sensitivity analysis to test the financial model's volatility to changes in FTE and contingency for purposes of estimating a worst case, best case and most likely case scenario: Best Case: A best case scenario would see the City adding 4 FTEs and experience 0% contingency. If realized, this would give rise to a positive DCF valuation of approximately $1,631,176 over a 5 year period, a discounted payback period of 18.83 months and an internal rate of return on the investment in 3 Packers of 64.92% over 5 years. Worst Case: On the other hand, the worst case scenario, assuming 10% contingency and 6 FTEs results in a positive DCF valuation of approximately $581,666 over 5 years, with a discounted payback period of 30.54 months and an internal rate of return of 29.85% on investment. Most Likely: Finance estimates a most likely range to fall in between $989,413 to $1,507,847 over 5 years; a discounted payback period in the range of 19.75 months and 24.26 months; and an internal rate of return between 44.26% and 61.04 %. The range is outlined in green in the above sensitivity analysis. The most likely scenario is based on a 2.5 -7.5% contingency and a 4 -5 FTE requirement. Expected Case: Weightings (probabilities) were applied to the outcomes in the tables above for various ranges of contingency and FTE requirements for the discounted cash flow, payback period, and internal rate of return (see results in table in page 14). Assigning probability produces an expected result. Finance assigned a 75% probability that 4 FTEs would be required, 15% for 5 FTE's and 10% for 6 FTE's. In addition, Finance assigned the following probabilities for contingency; 5% probability that no contingency would be required, 20% probability of a 2.5% contingency, 50% probability for 5% contingency, 20% probability for 7.5% contingency, and 5% probability of a 10% contingency. Assigning these 13 244 Discounted Cash Flow (DCF) Contin enc W LL 0.00% 2.509/6 - - - - -- $1,631,176 1 $ 1,507,847 5.00% 7.50% - 10.00% - - - - -- - - - - - $ 1,387,000 $ 1,261,190 1 $ 1,137,861 4 FTE W LL 5 FTE $1,378,360 1 $ 1,248,711 $1,125,544 $ 989,574 t $ 1,119,062 $__9_89,4_13 $ 859,764 $ 853,605 $ 717,635 $ 581,666 6 FTE Best Case: A best case scenario would see the City adding 4 FTEs and experience 0% contingency. If realized, this would give rise to a positive DCF valuation of approximately $1,631,176 over a 5 year period, a discounted payback period of 18.83 months and an internal rate of return on the investment in 3 Packers of 64.92% over 5 years. Worst Case: On the other hand, the worst case scenario, assuming 10% contingency and 6 FTEs results in a positive DCF valuation of approximately $581,666 over 5 years, with a discounted payback period of 30.54 months and an internal rate of return of 29.85% on investment. Most Likely: Finance estimates a most likely range to fall in between $989,413 to $1,507,847 over 5 years; a discounted payback period in the range of 19.75 months and 24.26 months; and an internal rate of return between 44.26% and 61.04 %. The range is outlined in green in the above sensitivity analysis. The most likely scenario is based on a 2.5 -7.5% contingency and a 4 -5 FTE requirement. Expected Case: Weightings (probabilities) were applied to the outcomes in the tables above for various ranges of contingency and FTE requirements for the discounted cash flow, payback period, and internal rate of return (see results in table in page 14). Assigning probability produces an expected result. Finance assigned a 75% probability that 4 FTEs would be required, 15% for 5 FTE's and 10% for 6 FTE's. In addition, Finance assigned the following probabilities for contingency; 5% probability that no contingency would be required, 20% probability of a 2.5% contingency, 50% probability for 5% contingency, 20% probability for 7.5% contingency, and 5% probability of a 10% contingency. Assigning these 13 244 Payback Period (Months) Contingency W LL 0.00% 2.50% 5.00% 7.50% 1 10.00% W LL 4 FTE 18.831 19.75 20.75 21.85 23.08 _ 48.59% _ _ 4_4.26% _ I 39.81% 39.62% 34.82% 29.85% 5 FTE 20.76 _ 21.94 23.14 24.24 23.25 26.01 _ 24.26 25.95 28.09 r 30.54 6 FTE Best Case: A best case scenario would see the City adding 4 FTEs and experience 0% contingency. If realized, this would give rise to a positive DCF valuation of approximately $1,631,176 over a 5 year period, a discounted payback period of 18.83 months and an internal rate of return on the investment in 3 Packers of 64.92% over 5 years. Worst Case: On the other hand, the worst case scenario, assuming 10% contingency and 6 FTEs results in a positive DCF valuation of approximately $581,666 over 5 years, with a discounted payback period of 30.54 months and an internal rate of return of 29.85% on investment. Most Likely: Finance estimates a most likely range to fall in between $989,413 to $1,507,847 over 5 years; a discounted payback period in the range of 19.75 months and 24.26 months; and an internal rate of return between 44.26% and 61.04 %. The range is outlined in green in the above sensitivity analysis. The most likely scenario is based on a 2.5 -7.5% contingency and a 4 -5 FTE requirement. Expected Case: Weightings (probabilities) were applied to the outcomes in the tables above for various ranges of contingency and FTE requirements for the discounted cash flow, payback period, and internal rate of return (see results in table in page 14). Assigning probability produces an expected result. Finance assigned a 75% probability that 4 FTEs would be required, 15% for 5 FTE's and 10% for 6 FTE's. In addition, Finance assigned the following probabilities for contingency; 5% probability that no contingency would be required, 20% probability of a 2.5% contingency, 50% probability for 5% contingency, 20% probability for 7.5% contingency, and 5% probability of a 10% contingency. Assigning these 13 244 Internal Rate of Return Contingency W LL 0.00% - 2.50% - - - -- 64.92% 61.04% 5.00% - 7.50% - - - - -- - - - -- 57.16% 53.20% 10.00% 4 FTE 49.18% 5 FTE 57.03% 1 _ 52.83% _ 48.87% 44.29% _ 48.59% _ _ 4_4.26% _ I 39.81% 39.62% 34.82% 29.85% 6 FTE Best Case: A best case scenario would see the City adding 4 FTEs and experience 0% contingency. If realized, this would give rise to a positive DCF valuation of approximately $1,631,176 over a 5 year period, a discounted payback period of 18.83 months and an internal rate of return on the investment in 3 Packers of 64.92% over 5 years. Worst Case: On the other hand, the worst case scenario, assuming 10% contingency and 6 FTEs results in a positive DCF valuation of approximately $581,666 over 5 years, with a discounted payback period of 30.54 months and an internal rate of return of 29.85% on investment. Most Likely: Finance estimates a most likely range to fall in between $989,413 to $1,507,847 over 5 years; a discounted payback period in the range of 19.75 months and 24.26 months; and an internal rate of return between 44.26% and 61.04 %. The range is outlined in green in the above sensitivity analysis. The most likely scenario is based on a 2.5 -7.5% contingency and a 4 -5 FTE requirement. Expected Case: Weightings (probabilities) were applied to the outcomes in the tables above for various ranges of contingency and FTE requirements for the discounted cash flow, payback period, and internal rate of return (see results in table in page 14). Assigning probability produces an expected result. Finance assigned a 75% probability that 4 FTEs would be required, 15% for 5 FTE's and 10% for 6 FTE's. In addition, Finance assigned the following probabilities for contingency; 5% probability that no contingency would be required, 20% probability of a 2.5% contingency, 50% probability for 5% contingency, 20% probability for 7.5% contingency, and 5% probability of a 10% contingency. Assigning these 13 244 probabilities to the results in the tables above produces an expected positive valuation of approximately $1,292,000 over the 5 year period, including an expected payback period of 21.69 months and an expected internal rate of return of 54.09 %. See results in table below: Total $1,292,000 Expected Discounted Cash Flow (DCF) Weighting W 5% 1 20% 50% 20% 50 LL 75% $ 61,000 $ 226,000 $ 520,000 $ 189,000 $ 43,000 $1,760,000 15% $ 10,000 $ 37,000 $ 84,000 $ 30,000 1 $ 6,000 $187,605 10% $ 6,000 $ 20,000 $ 43,000 $ 14,000 1 $ 3,000 Total $1,292,000 Total 21.69 months Expected Payback Period Months Wei htin W 5% 20% 50% 20% 1 5% LL 75% 0.71 2.96 7.78 3.281 0.87 $1,760,000 15% 0.161 0.661 1.74 1 0.73 1 0.19 $187,605 10% 1 0.121 0.481 1.301 0.56 1 0.15 Total 21.69 months Total 54.09% Exhibit 3 — Budget Impact Assessment Based on assumptions, compared to the status quo, Finance estimates Alternative #2 reduces the annual operating budget requirement by approximately $498,373. With consideration to future inflationary factors, Finance estimates savings of approximately $500,000 annually. Expected Internal Rate of Return Wei htin W 5% 20% 50% 20% 5% LL 75% 2.43% 9.16% 21.43% 7.98% 1.84% $1,760,000 15% 0.43% 1.58% 3.64% 1.33% 0.30% $187,605 10% 0.24% 0.89% 1.98% 0.70% 0.15% Total 54.09% Exhibit 3 — Budget Impact Assessment Based on assumptions, compared to the status quo, Finance estimates Alternative #2 reduces the annual operating budget requirement by approximately $498,373. With consideration to future inflationary factors, Finance estimates savings of approximately $500,000 annually. $4,113,943 $3,518,967 Fiscal Charges $0 $96,603 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Total Solid Waste $4,113,943 $3,615,570 $4 -113 -943 - $3.615.570 = $498.373 14 245 Pro Forma Budget Alternative #1 Status Quo Alternative #2 "in-House" Based on projected 2011 Solid Additional Resources Waste Budget Required Wages & Benefits $783,391 $1,014,620 Tipping Fees $810,000 $1,410,289 Outsource Services $1,760,000 $0 Vehicle Usage $479,460 $677,928 Vehicle Fuel $107,605 $187,605 Other $173,487 $228,525 $4,113,943 $3,518,967 Fiscal Charges $0 $96,603 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Total Solid Waste $4,113,943 $3,615,570 $4 -113 -943 - $3.615.570 = $498.373 14 245 Conclusion - Status Ono (Alternative #I) versus "In- House" (Alternative #2 There is an interest in understanding the financial implications of replacing the current FERO contract that services 9,267 units with "In- House" resources. Finance produced a differential cost analysis based on a Discounted Cash Flow methodology to assess the value proposition. Based on assumptions in the base case, replacing the FERO contract with City workers adds approximately $1,387,000 in value over a 5 year period, a discounted payback period of 20.75 months and an internal rate of return of approximately 57.16 %. The financial model is sensitive to two particular assumptions; the number of additional FTEs required and the percentage contingency applied. A best case scenario includes a 0% contingency and 4 FTEs to produce a positive value of approximately $1,632,000 over 5 years, a discounted payback period of 18.83 months and an internal rate of return of 64.92 %. For the worst case scenario, Finance estimates a positive valuation of approximately $581,666 over 5 years, with a discounted payback period of 30.54 months and an internal rate of return of 29.85 %. The most likely scenario ranges between $989,413 to $1,507,847 over 5 years; a discounted payback period between 19.75 months and 24.26 months; and an internal rate of return between 44.26% and 61.04 %. The most likely scenario is based on a 2.5 -7.5% contingency and a 4 -5 FTE requirement. Probabilities were applied to percent contingency and number of additional FTEs to produce an expected value of approximately $1,292,000 over the 5 year period, as well as an expected discounted payback period of 21.69 months and an expected internal rate of return of 54.09 %. Based on assumptions, compared to the cost of the FERO contract, Finance estimates the "In- House" solution will reduce annual operating costs by approximately $500,000 annually. Recommendation Operations indicate a tender for bids was sent in August of 2010 for the 9,267 units currently serviced by FERO, for which FERO was the lowest bidder. The expectation is that another tender call would yield similar results. Based on this information and the results established in the financial model, Finance concludes Alternative #2 would achieve better value for money in solid waste collection for the City. 15 246 "In- House" ( "Alternative #2 ") versus Outsource ( "Alternative #3 ") A financial analysis is also necessary to understand the opportunity that exists with the expression of interest from the lowest bidder, WMCC, to outsource all 25,985 collection units currently serviced. The reader must keep in mind scope limitation #1 on page 7 when interpreting the results hereunder. Differential Cost Analysis - Base Case Over a 7 year term, "In- House" solid waste collection services are estimated to generate $255,000 in value compared to contracting with WMCC contract over the same period. Even though the annual savings are estimated at $225K per year with an "In- House" approach, the break even period is estimated at 5.53 years due to the upfront investment in 3 packers combined with the opportunity cost of the current fleet salvage value (combined at over $1 million dollars). The EOI stipulates that a longer term contract than 5 -7 years may have upside pricing potential for the City. Given these factors, and considering how narrow the value gap is between the two alternatives, Finance recommends that further analysis be conducted after exploration of a longer term rate with WMCC. Exhibit 4 - Differential Cost Analysis - Outsource Decision Solid Waste Collection - Discounted Cash Flow (DCF) Rounded to nearest 000's Year 0 Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Incremental Contracted Services WMCC Contract $ $ 2,065,000 $ 2,123,000 $ 2,183,000 $ 2,244,000 $ 2,307,000 $ 2,371,000 $ 2,438,000 $ $ 2,065,000 $ 2,123,000 $ 2,183,000 $ 2,244,000 $ 2,307,000 $ 2,371,000 $ 2,438,000 Incremental Investment in Packers $ (794,000) Salvage Opportunity for Packer Fleet $ (260,000) Incremental "In- House" Costs Wages & Benefits $ $ (859,000) $ (885,000) $ (911,000) $ (938,000) $ (967,000) $ (996,000) $(1,025,000) Vehicle Usage $ $ (669,000) $ (683,000) $ (696,000) $ (710,000) $ (724,000) $ (739,000) $ (754,000) Fuel $ $ (186,000) $ (195,000) $ (205,000) $ (215,000) $ (226,000) $ (237,000) $ (249,000) Other $ $ (29,000) $ (29,000) $ (30,000) $ (31,000) $ (31,000) $ (32,000) $ (33,000) Lost Time $ $ (15,000) $ (15,000) $ (16,000) $ (16,000) $ (17,000) $ (17,000) $ (18,000) Contingency (5 %) $ $ (88,000) $ (90,000) $ (93,000) $ (96,000) $ (98,000) $ (101,000) $ (104,000) Change in Working Capital $ $ (31,000) $ (1,000) $ (1,000) $ (1,000) $ (1,000) $ (1,000) $ (1,000) $ $(1,877,000) $(1,898,000) $(1,952,000) $(2,007,000) $(2,064,000) $(2,123,000) $(2,184,000) Incremental "In- House" Savings $ (1,054,000) $ 188,000 $ 225,000 $ 231,000 $ 237,000 $ 243,000 $ 248,000 $ 254,000 Discounted "In- House" Savings $ (1,054,000) $ 178,000 $ 202,000 $ 197,000 $ 191,000 $ 186,000 $ 180,000 $ 175,000 Cumulative "In- House" Savings $ (1,054,000) $ (876,000) $ (674,000) $ (477,000) $ (286,000) $ (100,000) $ 80,000 $ 255,000 Discounted Payback Period 5.53 years Internal Rate of Return on Investment 11.68% 16 247 Exhibit 5 — Sensitivity Analysis (Best Case, Worst Case, and Most Likely Case Consistent with Exhibit 2, the following sensitivity analysis demonstrates the financial risk of various assumptions. Finance prepared a sensitivity analysis to test the financial model's volatility to changes in FTE and contingency for purposes of estimating a worst case, best case and most likely case scenario: Best Case: The best case scenario (no contingency and 4 FTE) for an "In- House" service is estimated to result in a value of $784,694 over a 7 year period. A breakeven would be achieved within 3.89 years and an internal rate of return of 22.83% after the full 7 year term. Worst Case: On the other hand, the worst case scenario for the "hi-House" solution, based on a 10% contingency and 6 FTEs, could erode value by ($974,447) over 7 years, with no payback or return on investment. Most Likely: Finance estimates a most likely range to fall somewhere in between negative ($350,469) and positive $521,093 over a 7 year term based on a 2.5 % -7.5% contingency and a 4 -5 additional FTE requirement. The range is outlined in green in the above sensitivity analysis. Expected Case: As per Exhibit 2, probabilities weightings were applied for contingency (5 %, 20 %, 50 %) and FTEs (75 %, 15 %, 10 %) to produce an expected DCF valuation of approximately $137,000 over a 7 year contract. The payback period would be 75.24 months and the internal rate of return would be 8.45 %. Discounted Cash Flow (DCF) Contingency w 0.00% 2.50% 5.00_% 7.50%_ 10.00% LL 4 FTE _ _2.50% _ $ 784, 694 1 $ 521,093 _ _ $ 255,000 _ _ $ (6,110) $ 269, 712 5.53 — 5 FTE $ 464,360 $ _1_92,7_50 $ _ (78,85 $ 5350_46 $ (622,079) 4.73 6 FTE $ 144,026 $ (135,592) $ (415,210) $ (694,828) 6 FTE Best Case: The best case scenario (no contingency and 4 FTE) for an "In- House" service is estimated to result in a value of $784,694 over a 7 year period. A breakeven would be achieved within 3.89 years and an internal rate of return of 22.83% after the full 7 year term. Worst Case: On the other hand, the worst case scenario for the "hi-House" solution, based on a 10% contingency and 6 FTEs, could erode value by ($974,447) over 7 years, with no payback or return on investment. Most Likely: Finance estimates a most likely range to fall somewhere in between negative ($350,469) and positive $521,093 over a 7 year term based on a 2.5 % -7.5% contingency and a 4 -5 additional FTE requirement. The range is outlined in green in the above sensitivity analysis. Expected Case: As per Exhibit 2, probabilities weightings were applied for contingency (5 %, 20 %, 50 %) and FTEs (75 %, 15 %, 10 %) to produce an expected DCF valuation of approximately $137,000 over a 7 year contract. The payback period would be 75.24 months and the internal rate of return would be 8.45 %. Payback Period (Years) Contingency w 0.00% 2.50% 5.00% 7.50% 10.00% LL 4 FTE 3.89 4.57 5.53 7.04 9.75 5 FTE 4.73 5.82 7.61 11.16 - 14.20% 6 FTE 6.09 8.15 12.64 -17.51% $ 5,000 Best Case: The best case scenario (no contingency and 4 FTE) for an "In- House" service is estimated to result in a value of $784,694 over a 7 year period. A breakeven would be achieved within 3.89 years and an internal rate of return of 22.83% after the full 7 year term. Worst Case: On the other hand, the worst case scenario for the "hi-House" solution, based on a 10% contingency and 6 FTEs, could erode value by ($974,447) over 7 years, with no payback or return on investment. Most Likely: Finance estimates a most likely range to fall somewhere in between negative ($350,469) and positive $521,093 over a 7 year term based on a 2.5 % -7.5% contingency and a 4 -5 additional FTE requirement. The range is outlined in green in the above sensitivity analysis. Expected Case: As per Exhibit 2, probabilities weightings were applied for contingency (5 %, 20 %, 50 %) and FTEs (75 %, 15 %, 10 %) to produce an expected DCF valuation of approximately $137,000 over a 7 year contract. The payback period would be 75.24 months and the internal rate of return would be 8.45 %. Internal Rate of Return Contin enc w 0.00% 2.50% 5.00% 7.50% 10.00% LL 4 FTE 22.83% 17.45% 11.68% 5.34% -1.87% 5 FTE 16.25% 10.19% 3.46% -4.35% - 14.20% 6 FTE 9.04% 1.93% -6.46% -17.51% $ 5,000 Best Case: The best case scenario (no contingency and 4 FTE) for an "In- House" service is estimated to result in a value of $784,694 over a 7 year period. A breakeven would be achieved within 3.89 years and an internal rate of return of 22.83% after the full 7 year term. Worst Case: On the other hand, the worst case scenario for the "hi-House" solution, based on a 10% contingency and 6 FTEs, could erode value by ($974,447) over 7 years, with no payback or return on investment. Most Likely: Finance estimates a most likely range to fall somewhere in between negative ($350,469) and positive $521,093 over a 7 year term based on a 2.5 % -7.5% contingency and a 4 -5 additional FTE requirement. The range is outlined in green in the above sensitivity analysis. Expected Case: As per Exhibit 2, probabilities weightings were applied for contingency (5 %, 20 %, 50 %) and FTEs (75 %, 15 %, 10 %) to produce an expected DCF valuation of approximately $137,000 over a 7 year contract. The payback period would be 75.24 months and the internal rate of return would be 8.45 %. Tota 1 $ 137,000 17 MM Expected Value Weighting W 5% 20% 50% 20% 5% LL 75% $ 29,000 $ 78,000 $ 96,000 $ (1,000) $ (10,000) 15% $ 3,000 $ 6,000 $ (6,000) $ (11,000) $ (5,000) 10% $ 1,000 $ 3,000 $ 21,000 $ 14,000 $ 5,000 Tota 1 $ 137,000 17 MM The model is also sensitive to fixture rate increases from WMCC. The table below illustrate the sensitivity of rate increases: "In- House" Value WMCC Rate Increase Alternative #3 Outsource 2.00% 1 2.40% 1 2.80% 3.00% 4.00% 4 FTE 1 $ (12,874)1$ 121,463 1 $ 255,000 1 $ 326,145 1 $ 675,911 If WMCC's annual rate increase is 4 %, the value of the "In- House" approach escalates to approximately $675,911. If WMCC holds their annual rate increase to 2% over the next 7 years, the result is a virtual break - even between the two alternatives. The base model assumes a 2.8% increase representing fuel and inflation increases. Exhibit 6 — Budget Impact Assessment The Alternative #2 "In- House" Solid Waste Collection budget is projected to be less than the WMCC outsource model by approximately $226,381. Finance estimates annual budgeted savings of approximately $225K per year. See below: Pro Forma Operating Budget Alternative #2 "In- House" Alternative #3 Outsource Additional Resources Required Based on Waste Management Submission Wages & Benefits $1,014,620 $155,812 Tipping Fees $1,410,289 $1,410,289 Outsource Services $0 $2,065,497 Vehicle Usage $677,928 $8,736 Vehicle Fuel $187,605 $2,000 Other $228,525 $199,617 $3,841,951 $3,518,967 Fiscal Charges $96,603 $0 Total Solid Waste . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $3,841,951 $3,841,951- $3,615,570 = $226,381 $3,615,570 18 249 Conclusion — "In- House" ( "Alternative #2 ") versus Outsource ( "Alternative #3" It appears WMCC has offered a very competitive bid price. However, based on assumptions, the "In- House" approach is expected to result in a modest increase in value over 7 years versus the WMCC contract by approximately $255,000, including a discounted payback of 5.53 years and an internal rate of return of 11.68 %. Based on the level of contingency and additional workers required, on a best case scenario, the value could be as high as $784,694 with a payback period of 3.89 years and an internal rate of return of 22.83 %. This scenario assumes a 0% contingency and 4 additional FTEs. A worst case scenario could result in a negative valuation over 7 years of approximately ($974,447) with no payback or return. This scenario is based on 10% contingency and 6 FTEs. The most likely scenario will be somewhere in between, estimated at negative ($350,469) and positive $521,093 over a 7 year term based on a 2.5 % -7.5% contingency and a 4 -5 additional FTE requirement. Probabilities were applied for contingency (5 %, 20 %, 50 %) and FTEs (75 %, 15 %, 10 %) to produce an expected DCF valuation of approximately $137,000 over a 7 year contract, discounted payback period of 6.27 years and an internal rate of return of 8.45 %. The budget impact analysis illustrates that an "In- House" model will result in lower operating costs than a complete outsource model by approximately $226,381. Finance estimates annual budgeted savings of approximately $225K per year. The EOI with WMCC states that preferential pricing may be possible with a longer term agreement. The term in the EOI was for a 5 -7 year term, with annual adjustments for CPI and fuel increases. The collective bargaining agreement with Local 18 commits the City to maintain a minimum of 293 outside workers. As a result it is unlikely that savings can be realized by means of a permanent workforce reduction. In light of this, for purposes of assessing Alternative #3, the report should be used as an illustrative example of what could possibly be achieved if such limitations did not exist. Recommendation The financial results of Alternative #2 ( "In- House ") compared to Alternative #3 (WMCC) are quite interesting. Over a 7 year period Alternative #2 is projected to generate slightly higher value. However, depending on certain assumptions, the value could swing in either direction. Based on the information we have today, Finance would recommend an "In- House" solution over the WMCC solution due to the following: 1. Finance estimates value accretion for the "In- House" approach as the most probable result 2. Start-up cost would be significant if the City decided to get back into the solid waste business 3. There is rate uncertainty in the WMCC contract, with a clause allowing for rate increases at any time for fuel and inflation. There is uncertainty as to the financial impact after the 7 year term. 4. There is uncertainty as to a permanent workforce reduction to generate required savings However, WMCC did put forward a competitive bid. The value gap between the two alternatives over 7 years is slim. Further investigation and discussion may be merited given the EOI expressly states opportunity for a lower rate based on a longer term agreement. Finance recommends if such discussions do proceed, a formula be agreed upon representing annual inflation and fuel increases that is transparent for both parties. In addition, given the significant start-up costs required to get back into the solid waste business, Finance recommends the proposal be based on a longer term than 5 -7 years. A positive business case is also dependent on the City's ability to reduce wages and benefits. Finally, the financial model should be refreshed if these events were to occur. 19 250 Business Case & Risk Management The financial projections within this report should be part of an overall business case to provide Council with a comprehensive picture aligned with the City's overall corporate strategy. The business case should consist of a thorough analysis of the City's needs, opportunities, threats (risks), and alternatives. From a Risk Management perspective, Finance suggests the risk management strategy includes the following business issues: 1. Risk of loss of service quality and control in the outsource model 2. Business interruption risks from labour disputes and strikes 3. Business interruption risks from contractor business closure 4. Uncertainty in long term contractor rates 5. Quality of monitoring, reporting, information needs 6. Impact on employee morale 7. Waste Reduction Program 20 251 REPORT TO COMMON COUNCIL r o. M &C2011 -242 September 22 "d, 2011 His Worship Mayor Ivan Court The City of Saint John And Members of Common Council Your Worship and Members of Council, SUBJECT: LETTER OF AGREEMENT TO AMEND WORKING AGREEMENT WITH CU PE, LOCAL 18 PURPOSE The purpose of this report is to recommend that Council ratify a Letter of Agreement to amend the Working Agreement between the City of Saint John and CUPE, Local 18 (Outside Workers) concerning staffing in solid waste services. BACKGROUND Diligent managers, a group of stalwart employees and contracted haulers have enabled the City to deliver a good solid waste collection service over the years; one rated highly by citizens. Solid Waste Management is a community service essential to public health, quality of life in Saint John and cleanliness of properties and streetscapes. It is provided in accordance with the provisions of A By -Law for the Storage, Collection and Disposal of Solid Waste in the City of Saint John (the Solid Waste By -Law). As with all municipal services, it is important to pursue continuous improvement and to enhance cost - effectiveness of delivery whenever possible. As part of that process, staff has been working with union representatives to identify ways to control personnel costs, reduce time lost from duty and generally improve the reliability of operations. Operational workers currently provide residential refuse and compost collection for 64% of household collection units, with the other 36% handled by contract. Over the last two years, there has been a significant transition in the workers employed in solid waste collection, with much greater use of general skilled workers as opposed to higher paid "specialist" personnel. A pilot project initiated in September 2009, in cooperation with Local 18, put the established career structure on hold, with new personnel (labourers /skilled workers) assigned to solid waste duties. In time, these employees have normal opportunities to 'graduate' to other service areas through normal job openings in their broad area of service (Public Works and Transportation). 252 LETTER OF AGREEMENT TO AMEND WORKING AGREEMENT WITH CU PE, LOCAL 18 PAGE 2 REPORT TO COMMON COUNCIL, M &C 2011 - 242 SEPTEMBER 22 "°, 2011 ANALYSIS A separate report (M &C 201 1 -89, June 15", 2011), presented to Council on August 29`h outlined cost advantages of full in -house residential refuse and compost collection - over the current 64%/36% split. The associated financial analysis was predicated on solid waste employees being skilled workers (paid at Level 3 in the pay structure) rather than specialists in the established solid waste career stream (paid at Level 7). It is proposed that Schedule "A ", Appendix "A -2" (Training and Development Structure: Public Works and Transportation) of the Working Agreement between the City of Saint John and CUPE, Local 18 be amended by removing the Solid Waste Services Career Path and to acknowledge that solid waste services would be staffed with skilled services workers. In making these changes, the following is understood by the parties: 1. Two existing specialist employees (in the Solid Waste Services career path) would not be adversely affected and would be available to act as back -ups to the solid waste foreman. (These gentlemen have done a great job over many years and give invaluable experience to the work unit.) 2. Future foremen in solid waste shall be drawn from the Works Services career stream, as currently set out in the Working Agreement. 3. Skilled workers employed in solid waste are part of the broad area of service outlined in Schedule "A ", Appendix "A -2 ", Public Works and Transportation and, as such, are eligible for employment and development opportunities therein - as is the case for all skilled workers in Public Works and Transportation. Staffing Challenge We caution that work in `sanitation' has not traditionally been an attractive option for most workers; this presents a challenge for service delivery. Essential Service Given the essential nature of Solid Waste services to public health, quality of life and cleanliness of neighbourhoods, it should not be disrupted by work stoppages. A "no strike /no lockout" stipulation was discussed with the union, but could not be concluded. Negotiating such a provision into the collective agreement would require a much broader context than a single area of service. Regionalization The 2008 Finn Report, "Building Stronger Local Governments and Regions ", recommended that solid waste be designated as a `supra - municipal' service, to be handled exclusively on a regional basis. While government plans for municipal reform could present issues for municipal collective agreements, stakeholders should be challenged to develop arrangements that balance the interests of all concerned - and, in the end, provide least cost service solutions for citizens of the entire region. 253 LETTER OF AGREEMENT TO AMEND WORKING AGREEMENT WITH CU PE, LOCAL 18 PAGE 3 REPORT TO COMMON COUNCIL, M &C 2011 - 242 SEPTEMBER 22 "°, 2011 FINANCIAL IMPLICATIONS The Solid Waste Management Service is budgeted in 2011 to cost taxpayers over $4.1 million. Personnel costs currently make up $783,000 of that amount. Under full in -house collection wage and benefits costs would increase to about $1,015,000, although with significantly reduced costs overall. INPUT FROM OTHER SOURCES Council has been briefed in Committee of the Whole on the proposed changes to the Working Agreement and provided appropriate direction to staff. The Manager, Human Resources has reviewed the proposed Letter of Agreement and concurs with the changes set out therein. The President of Local 18 has advised that the union membership formally ratified the attached Letter of Agreement on Wednesday, September 21=`, 201 1 . RECOMMENDATION It is recommended that Common Council ratify the attached Letter of Agreement between the City of Saint John and CUPE, Local 18 (Outside Workers) to amend the Working Agreement between the parties. Respectfully submitted, J.M. Paul Groody, P.Eng. Commissioner, Municipal Operations & Engineering J. Patrick Woods, CGA City Manager 254 LETTER OF AGREEMENT BETWEEN: The City of Saint John AND: The Canadian Union of Public Employee, Local #18 (Outside Workers) SUBJECT: Staffing - Solid Waste Services As the parties to the Working Agreement are committed to providing quality, cost - effective public services, and understand the importance of reliable, high quality solid waste services to public health in the community; IT IS HERETO AGREED that: 1. Schedule "A ", Appendix "A -2 ", Training and Development Structure: Public Works and Transportation, is hereby amended by removing the Solid Waste Services Career Path, as shown in the amended Appendix "A -2" (attached). 2. Solid Waste Services will be staffed with Skilled Services Workers. SIGNED on the day of September, 2011: FOR THE EMPLOYER: FOR THE UNION: Ivan Court, Mayor City of Saint John Elizabeth Gormley, Common Clerk City of Saint John Michael Meahan, President CUPE Local 18 Daniel Grant, Recording Secretary CUPE Local 18 255 Amended Appendix "A -2" Training and Development Structure: Public Works and Transportation 256 Job Job Set Level Public Works and Transportation Career Patbs CC � SWOT (Training & Development Block) x 1 99 Labourer O A 2 aSW03 3 � Skilled Services Worker d 4 Construction & Maintenance Streets & Traffic AS05 CM05 TE05 ST05 5 Asphalt Pavements Transportation PW Heavy Eqpt Streets & Traffic Eqpt Op/Raker Eqpt Op/Worker Operator/Worker Eqpt Op/Worker F 6 AS07 CM07 TE07 ST07 W7 Asphalt Pavements Transportation System Specialist PW Heavy Eqpt Streets & Traffic Specialist Specialist Specialist P O •••••• T E 0 8 8 PW Construction • Eqpt Specialist Transportation Services Works Services TN09 GS09 9 aTransportation Foreman I Works Services Foreman I O 10 pW., 11 TN12 GS12 12 Transportation Foreman II Works Services Foreman II Transportation Services General Services 13 14 W W TN15 GS15 a 15 ADistrict General Foreman Services General Foreman 256 Saint John Parking Commission Commission sur le stationnement de Saint John M & C 2011 -234 September 20, 2011 Mayor Ivan Court and Members of Common Council City of Saint John 8th Floor, City Hall Saint John, NB Your Worship & Councillors: 11 th Floor, City Hall, 11 iome Etage, H6tel de Ville P.O. Box 1971 / C.P. 1971 Saint John, N.B. /N. -B. E2L 4L1 Tel / T61: (506) 658 -2897 Fax/ Telecopieur: (506) 649 -7938 E -mail / Courriel: parking@saintjohn.ca RE: Proposed Revision to 2011 Capital Budget Program Pay & Display Parking Machine Exchange Program and Purchase of New Machines BACKGROUND: In 1999, the Saint John Parking Commission first introduced pay and display parking machines in off - street lots at the Canada Games Aquatic Centre, Canterbury Street Parking Garage, Charlotte Street, Red Rose Tea, and Trinity Royal. Pay and display machines are solar powered machines that have the capability of accepting coins, credit cards and tokens. Between 2004 and the present time, 50 pay and display machines were installed to replace aging single space parking meters on many uptown streets. Last fall, staff noticed that the paint coating on most of the cabinets and bases of recently purchased machines was rusting and corroding. A comprehensive review was conducted to determine the condition of the other machines and to decide if any other paint repairs were required. In August 2011, the CEO of Precise Parklink came to Saint John to inspect all 60 machines and to discuss a solution. It was mutually agreed that 50 of the pay and display machines would require either replacement or refurbishment. FINANCIAL IMPLICATIONS & ANALYSIS: Precise Parklink offered two alternatives: Exchange the existing machines with refurbished upper cabinets and refurbished internal components and new pedestals for a price of $2,000 per machine ($1,800 per machine with volume discount); or Exchange the existing machines for new upper cabinets with refurbished internal components and new pedestals for a price of $2,900 per machine ($2,610 per machine with volume discount). www.saintAx.ca M &C 2011 -234 Page 2 All internal components in the upper cabinet will be upgraded to latest firmware that meet City of Saint John specifications, and these machines will be delivered and installed by Precise Parklink personnel. All upper cabinet parts would be covered by our current warranty agreement and the new upper cabinets and pedestals would come with a rust warranty for a three -year period. (Please refer to attached quote from Precise Parklink). After consideration of the two proposals, it was determined that the best option would be to replace the machines with new cabinets and new pedestals because of the expected added longevity in resisting weather - related elements. Of the 50 machines requiring refurbishment, 12 machines would be replaced free of charge with new upper cabinets and lower pedestals. The remaining 38 machines would be replaced with new upper cabinets with refurbished internal components and new lower pedestals for a total cost of $99,180 plus HST. Please note that 7 of the 38 machines are located in Saint John Parking Commission off - street parking lots; therefore, the Saint John Parking Commission will cover the $18,270 cost to refurbish these 7 machines. It will be necessary to revise the 2011 Parking Administration Capital Program as follows: Year Present Capital Program for 2011 Approved Budget Proposed Revision to Capital Program for 2011 Revised Amount 2011 • Purchase 10 new pay & $168,000 • Refurbished Pay & Display $80,910 display machines Machine Exchange Program (31 @ $2,610) • Purchase 5 new pay & display $73,000 machines to replace meters in Carleton and Union Street areas (5 @ $14,600) TOTAL $168,000 REVISED TOTAL $153,910 If refurbishment is not carried out at this time, early replacement of these machines may be required. By exchanging the upper cabinets and lower bases now, it is expected that the life of these machines will be extended until 2018 -2020 consequently deferring the planned replacement program which was originally anticipated to begin in 2014. RECOMMENDATION: It is recommended that Common Council authorize the purchase of five (5) new pay and display parking machines at the cost of $73,000 plus HST, and approve the exchange of 31 pay and display machines with new upper cabinets with refurbished internal components and new lower pedestals at the cost of $80,910 plus HST, for a total cost $153,910 plus HST under the terms and conditions as outlined in the proposal by Precise Parklink dated August 18, 2011. Respectf,dlly subm C tophe Ch irman Saint John Parking Commission 258 PRECISE PARKLINK'" August 18, 2011 Richard Smith General Manager Saint John Parking Commission I I th Floor, City Hall, P.O. Box 1971 Saint John, N.B. E2L 4L 1 Dear Richard, We are please to provide you with the following options to refresh your parking meters. Note: For all refurbished meters, parts will continue to be covered by parts exchange warranty and a three (3) year warranty coverage against rust. 259 Refurbished Upper Cabinet with New New Upper Cabinet & Pedestal Pedestal Description Qty Unit Cost Ext Cost Exchange Refurbished DG Meter (For Meters purchased between 1999 - 2006) Includes a Refurbished Upper Cabinet & new galvanised pedestal with E -Coat paint, new seals /gaskets, new faceplate and standard 38 $2,000.00 $76,000.00 $2,900.00 $110,200.00 decals, refurbished complete internal componets, upgrade to latest firmware releases, fully configured to City specifications, delivered to site, existing meter removed and refurbished meter re- installed including base covers. Exchange Refurbished DG Meter (For Meters Purchased between 2008 & 2009 12 $2,000.00 $24,000.00 $3.000.00 $36,000.00 Sub - Total $100,000 00 $146,20000 Warranty Coverage (for Meters purchased between 2008 & 2009 12 - $2,000 00 - -24,000 0 f, - U3,000 00 -S36.00000 Volume Discount 10% ti, 600 00 -�1 1.020.00 Sub -Total $68400.00 $99180.00 Note: For all refurbished meters, parts will continue to be covered by parts exchange warranty and a three (3) year warranty coverage against rust. 259 Addition Meters Option #1 - NEW - P &D Meter - DG Model 3000 Solar Powered, Coin, Credit Card (M500), 5 $14,600.00 $73,000.00 Wireless Communication and Electronic Lock V4. Option #2 - Re Furbished - P &D Meter - DG Model 3000 Solar Powered, Coin, Credit Card 5 $8,950.00 $44,750.00 (M500), Wireless Communication and Electronic Lock V4. Plus Applicable Taxes We are looking forward to working with you and your team on this project. If you have any question, please don't hesitate to call. Thanks Luigi Lato Chief Operating Officer Precise ParkLink 260 LK:) The City of Saint john DATE: TO: FROM: FOR: SEPTEMBER 16, 2011 PLANNING ADVISORY COMMITTEE COMMUNITY PLANNING • PLANNING AND DEVELOPMENT MEETING OF SEPTEMBER 20, 2011 PREPARED BY- /�f� ll Mark Reade, P. Eng., MCIP, RPP Senior Planner SUBJECT: REVIEWED BY: c ee�4�� Ken Forrest, MCIP, RPP Commissioner Name of Applicant: GENIVAR on behalf of 654101 NB Inc. Name of Owner: 654101 NB Inc. Location: 1515 Loch Lomond Road PID: 55210413 Municipal Plan: Low Density Residential Zoning: "RS -2" One and Two Family Suburban Residential Proposal: To develop the first phase of a residential subdivision. Type of Application: Subdivision and variances to: a) reduce the block length from the minimum requirement of 150 metres to approximately 89 metres, and b) reduce the clearance between street intersections from the requirement of 60 metres to approximately 40 metres. Q` SAINT JOHN P.O. Box 1971 Saint John, NB Canada F2L 411 wwwsaingohn.ca I C.P. 1971 Saint Jahn, N.-B. Canada E2L 4L1 262 GENIVAR on behalf of 654101 NB Inc. Page 2 1515 Loch Lomond Road September 16, 2011 JURISDICTION OF COMMITTEE: The Community Planning Act authorizes the Planning Advisory Committee to advise Common Council concerning the vesting of public streets and land for public purposes in conjunction with the subdivision of land. The Community Planning Act authorizes the Planning Advisory Committee to grant reasonable variances from the requirements of the Subdivision By -law. The Committee can impose conditions. STAFF RECOMMENDATION TO COMMITTEE: 1. That Common Council assent to one or more subdivision plans, in one or more phases, in general accordance with the submitted Mosaic Heights Subdivision, Unit 1 Phase 1 tentative plan, as well as to any necessary municipal services and public utility easements. 2. That Common Council authorize the preparation and execution of one or more City/Developer Subdivision Agreements to ensure provision of the required work and facilities, including detailed site and drainage plans for the approval of the Chief City Engineer or his designate, as well as any additional infrastructure costs associated with this proposed subdivision development. 3. That the Planning Advisory Committee grant a variance to the requirements of the Subdivision By -law that would reduce the block length from the minimum requirement of 150 metres to approximately 89 metres. 4. That the Planning Advisory Committee grant a variance to the requirements of the Subdivision By -law that would reduce the clearance between street intersections from the requirement of 60 metres to approximately 40 metres on the condition that driveway access for lots having both frontage on Loch Lomond Road and an internal street be restricted to the internal street only. 5. That the Planning Advisory Committee approve the street name "Mosaic Drive" BACKGROUND: At their meeting of June 21, 2011, the Planning Advisory Committee recommended that Common Council deny a request to rezone the property at 1515 Loch Lomond Road from "RS -2" One and Two Family Suburban Residential to "R -2" One and Two Family Residential to permit the construction of a residential subdivision. Common Council held a Public Hearing and gave first and second reading to the proposed Zoning By -law Amendment at their meeting of July 4, 2011. Third reading of the proposed Zoning By -law Amendment was denied by Common Council at their meeting of July 18, 2011. 263 GENIVAR on behalf of 654101 NB Inc. 1515 Loch Lomond Road INPUT FROM OTHER SOURCES: Page 3 September 16, 2011 Municipal Operations and Engineering has the following comments regarding the proposed subdivision of 1515 Loch Lomond Road: • Detailed engineering drawings from the developer's engineering consultant must be submitted to the City for review and approval. These plans must consider the full build out of the development. • There is an existing lake on the noted property (Blackall Lake). The proximity of this development to the lake would be subject to review /comments of New Brunswick Department of Environment. + The developer's engineering consultant must provide detailed storm water drainage plans and a design brief indicating how storm water collection and disposal will be handled for the full build out of the development. • Upgrades to existing infrastructure by the developer may be required. Detailed engineering plans must be submitted prior to determining this. • All grades for existing water and sewer systems must be verified by the developer's engineering consultant. Any proposed wastewater flows generated by this development that are being directed north towards the Bing Avenue / David Street area raises concern. The existing wastewater pumping station is at capacity. The City has reports available for review but until upgrades and /or improvements are made, no new flow can be directed to this station. For any proposed wastewater flows being directed towards Loch Lomond Road and the Hickey Road wastewater pumping station, the developer's engineering consultant must verify that the existing infrastructure to the station as well as the station itself can accommodate the proposed flows. • There is no sanitary sewer infrastructure on this portion of Loch Lomond Road. Any required extensions of the existing sanitary sewer infrastructure to service this site are the full responsibility and cost of the developer. • The developer's engineering consultant must verify water capacity and fire flow requirements and include them with the detailed drawing submission. The City must have from the developer's engineering consultant what the expected average and peak water consumption flows will be from the full build out of this proposed development and confirmation that there is sufficient capacity to support this proposed development. • On the proposed subdivision plan for Phase 1 of Mosaic Heights Subdivision the parcel of land designated as Land for Public Purposes immediately adjacent to Normal Drive would appear to prevent the future interconnection of Norman Drive with this proposed development. • There should be consideration for pedestrian access in this development. • Access for proposed Lots 11 -1 and 11 -5 is to be via Mosaic Drive only. These proposed lots should not have direct access to Loch Lomond Road. • The temporary (gravel) turn- around area shown on the proposed subdivision plan for Phase 1 of Mosaic Heights Subdivision must meet the minimum diameter of 37.5 metres. Buildings and Inspection Services has no concerns with the proposal as presented. Saint John Fire Department has reviewed the proposal as it relates to the above - mentioned application 264 GENIVAR on behalf of 654101 NB Inc. 1515 Loch. Lomond Road Page 4 September 16, 2011 There is no objection to the subdivision application; however the Fire Department makes note that the street network would have to adhere to the following National Building Code Standard 3.2.5.6. The Saint John Fire Department reserves the right to accept any turn- around areas as defined by the developer. A site assessment will be required for the purposes of determining whether fire apparatus can turn in any of the proposed turn around areas (Cul -De -Sac). Saint John Transit provides service along Loch Lomond Road with our Loch Lomond Route. Leisure Services has been informed of the proposed development. Geographic Information Systems (Planning and Development) notes that Mosaic is an acceptable street name, but it should be a "Drive" and not a "Street". A name is requested for the short proposed street off of Mosaic. School District 8 has been informed of the proposed development. Saint John Energy has been informed of the proposed development. Bell Aliant has no issues regarding this development, however this could possibly fall under their line extension policy, which the developer should be aware of Rogers has been informed of the proposed development. Maritimes & Northeast Pipeline, Enbridge Gas, and Brunswick Pipeline have been informed of the proposed development. Maritimes & Northeast Pipeline and Brunswick Pipeline advise this area is clear of their facilities. ANALYSIS: Subject Site The overall site has an area of approximately 14.6 hectares and is located on the north side of Loch Lomond Road west of Lakewood Heights. The southem portion of the site, in the area of the proposed initial phase of development adjacent to Loch Lomond Road, is mostly cleared with a few large buildings from the former agricultural use located on the southwestern corner of the property. The site has approximately 174 metres of frontage along Loch Lomond Road with elevations of the site ranging from 66 metres in the northeast corner of the site to 58 metres along Loch Lomond Road. Proposed Development The applicant is seeking approval to develop the initial phase of a residential development. The proposed subdivision, as shown on the tentative plan, has an area of approximately 7830 square metres and includes a 241 metre length of Public Street and four residential building lots. Lands for Public Purposes are also proposed in two parcels totalling 3371 square metres. The larger parcel having an area 265 GENIVAR on behalf of 654101 NB Inc. 1515 Loch Lomond Road Page 5 September 16, 2011 of 2095 square metres, adjacent to Blackall Lake, will form part of the overall Lands for Public Purposes conveyance for the entire development. The parcel immediately adjacent to the end of Norman Drive is proposed to be initially conveyed to the City for access to the larger parcel adjacent to Blackall Lake and then reconveyed to the developer at a later stage of the development when an additional access to the lakeside Lands for Public Purposes is provided. Surrounding Area The surrounding area is generally zoned "RS -2" One and Two Family Suburban Residential and "R -2" One and Two Family Residential and contains a mix of single and two family residences and vacant lands. Several parcels of land with "RM -1" Three Storey Multiple Residential zoning are also located in the vicinity of the proposed development. Institutional and industrial zoning are also located along Loch Lomond Road in the area of the proposed development and include a church, care home, automobile dealership and gas station and convenience store. Municipal Plan Direction The site is designated Low Density Residential by the Municipal Plan with a portion of the site designated Open Space. The Open Space portion coincides with a strip of land along Blackall Lake. The development proposed is consistent with the provisions of the existing Municipal Plan. Zoning By-law The proposed subdivision meets the specific requirements of the existing "RS -2" One and Two Family Suburban Residential zone and the general requirements of the Zoning By -law. Subdivision By -law Considerations The Tentative Plan of Subdivision meets the requirements of the Subdivision By -Law with the exception of required variances for block length and the separation distance between streets. A variance is required to reduce the block length from the minimum requirement of 150 metres to approximately 89 metres for the proposed block of four lots. This variance is necessitated by the design of the overall layout which has a roadway (Elisa Drive) connecting Mosaic Street and Norman Drive. Staff are of the opinion the variance is reasonable and can be supported. A variance is also required from the requirements of Section 7(l)(c) of the Subdivision By -law which requires that street intersections on the same or opposite sides of a street cannot be closer than 60 metres as measured between the right -of -way limits of the two streets. The proposed location of Mosaic Drive is approximately 40 metres from Crescent Avenue, located on the opposite side of Loch Lomond Road. Staff are of the opinion this is reasonable and the variance can be supported given the limited amount of development (15 single family dwellings) to which Crescent Avenue provides access. Municipal Operations and Engineering has expressed concern regarding direct driveway access to Loch Lomond 266 GENIVAR on behalf of 654101 NB Inc. 1515 Loch Lomond Road Page 6 September 16, 2011 Road from lots within the proposed development and requested that corner lots having frontage on both Loch Lomond Road and internal streets such as Mosaic Drive be restricted to have driveway access from the internal street (in this case Mosaic Drive). Staff recommend as a condition of the variance that driveway access for lots having both frontage on Loch Lomond Road and an internal street be restricted to the internal street only. In all other respects, the location of the streets within the proposed subdivision comply with all requirements of the City of Saint John and it is therefore appropriate to approve the tentative plan of subdivision. Lands for Public Purposes Under the requirements of the Subdivision By -law, lands in the amount of 6% of the area to be subdivided, excluding streets, are to be set aside as Lands for Public Purposes or cash -in -lieu, totalling 6% of the market value of lands to be subdivided, is to be paid to the City. The applicant is proposing to provide Lands for Public Purposes in two parcels totalling 3371 square metres. The larger parcel, having an area of 2095 square metres adjacent to Blackall Lake, will form part of the overall Lands for Public Purposes conveyance for the development. The parcel immediately at the end of Norman Drive is proposed to be initially conveyed to the City for access to the larger parcel adjacent to Blackall Lake and then reconveyed to the developer at a later stage of the development when an additional access to the lakeside Lands for Public Purposes is provided. The 2095 square metre parcel adjacent to the lake satisfies and exceeds the Lands for Public Purposes requirement and will provide the developer with a credit for future development. Lands at this location meet the requirement of section 19 of the Subdivision By -Law. Servicing and Access Municipal Operations and Engineering notes the applicant's engineering consultant must provide a detailed site storm water drainage plan and a design brief indicating how storm water collection and disposal will be handled along with verification of sanitary sewer capacity and water supply availability and pressures. For any proposed wastewater flows being directed north towards Bing Avenue and David Street, Staff note the existing pumping station serving this area is at capacity and requires upgrades prior to having available capacity to receive additional flows. For wastewater flows being directed towards Loch Lomond Road and the Hickey Road wastewater pumping station, the developer's engineering consultant must verify that the existing infrastructure to the station as well as the station itself can accommodate the proposed flows. There is no sanitary sewer infrastructure on this portion of Loch Lomond Road. Any required extensions of the existing sanitary sewer infrastructure to service this site are the full responsibility and at the cost of the developer. In addition, the development may require upgrades to existing infrastructure by the developer and detailed engineering plans must be submitted prior to determining this. Planning Staff have a concern with the overall layout of Mosaic Drive as shown on the proposed roadway layout plan attached to the report. This street is shown with a relatively straight alignment which may tend to encourage excessive traffic speeds. Staff note that the overall roadway layout plan 267 GENIVAR on behalf of 654101 NB Inc. 1515 Loch Lomond Road Page 7 September 16, 2011 submitted with the earlier rezoning had Mosaic Drive terminating as a minor street at a T- intersection with Norman Drive at a distance of approximately 390 metres from Loch Lomond Road. Staff recommend that the developer's consultant review the layout of Mosaic Drive in future phases of the development and introduce changes to the alignment of the street to encourage reduced vehicle speeds. The proposed street name Mosaic Drive is acceptable and is recommended for approval by the Committee. CONCLUSION: The proposed development meets the intent of the existing Municipal Plan and the provisions of the "RS -2" One and Two Family Suburban Residential zone. Approval of the application is recommended and approval of the variances is recommended with a condition restricting the driveway locations on corner lots having frontage on Loch Lomond Road. The proposed subdivision is taking place within the existing zoning provisions of the property. With the exception of two variances to the Subdivision By -Law noted herein, the location of streets and the Lands for Public Purposes meet all requirements of the City of Saint John. The Committee should be aware that this development proceeding under the provisions of the "RS -2" One and Two Family Suburban Residential zone results in the elimination of approximately 20 lots from the applicant's earlier proposal. As a result, the density of the proposed subdivision is decreased which makes it less efficient for the City to service and maintain and also results in decreased tax revenue for the municipality. MR Project No. 11 -222 •: PLANNING AND DEVELOPMENT /URBANISME ET DEVELOPPEMENT po ~_ � ,.r t`\ • ..••'•, ;• ate,•,. ,�'t %Y. ♦ ,1v..,� :,;' .•R4 ' It , ;,• r,,. ,. ,`: \ ••� �_l• z y • _ .•l� te• �• \f.. .� ' ,, i 1ti R-4 •�, � '`• �$� ,1• ter•... 'Al ..��laa • ,• .5+�ti 'mil a\ •w(:a •, A!,t t,,1 •+� � ' ,` 1 1�n •• •e •, ' •' \r \ fir' � ` L � {� ,\ \..+ F ••✓••''� � + i , 4aa t -ice � • .• ��• y \r? R:7 ,y •••4 t ! � 'k _ � ti IL k ... - ..` `.;i••5r OfCI. ..� "'• ;}r R r••D •l• �`•p� �r` •, .• t _ _. R/f `,-- • -- RS- 2 - Subject Site /site en question: 55210413 (portion) Location: 1515 ch. Loch Lomond Rd. Date: August 29 aout 2011 Scale /echelle: Not to scale /Pas a I'echelle 269 ......................... Y ......................... ................. n o!e s a gg °as .2a 3lns s r_Y�Y O�e 4VOb QNOMOI fiJ01 •E 7 � •E ............... ........... "^9ili�•.:........... nib g sK? j e t a d d `N 0 a i��131 z � 4 d P� x F E a In gil, i fact: pa5a� E 270 \ | |• q §� §]E ! ( E � \ � � ■ | |� q �� |� m 9 K § � � ■ \ 2 f \ § � f , .& ■ � a � 2 � � 1-43k" -M_ 9 � � � � � � � � � 2 9 � � � ! 7 7 | � � 271 Reade, Mark From: O'Connor, Colleen Sent: September 12, 2011 1:44 PM To: Reade, Mark; Flecknell, Jillian Subject: FW: Proposed Subdivision - 1515 Loch Lomond Road Attachments: Lots Under 22 M (Diagram).pdf From: David Fischer [mailto:fscher @nbnet.nb.ca] Sent: September -12 -11 1:06 PM To: Facternal - Planning Subject: Proposed Subdivision - 1515 Loch Lomond Road Re: Proposed Subdivision 1515 Loch Lomond Road I am opposed to the Subdivision Plan as it was submitted. The reason I am opposed is that one of the 4 planned lots does not meet the width requirement (frontage) for development in an area zoned RS -2. I support the development of the Subdivision as long as it conforms to the rules laid out in the zoning bylaw for RS -2 land use and development. Their current plan for the development of the first four (4) lots: - Lot 11-4 has a "frontage" of 19 Meters (onto Mosaic street) o RS2 requires a 22 Meter frontage All the diagrams and drawings I received indicate that they are drawn to scale. If this is correct, about 2/3 of the remaining lots (out of the 98 total) appear to NOT have a 22 Meter frontage on the lots. In previous presentations by the developer, requesting re- zoning to R2, they have been careful in selecting the "comparable areas" such as Bon Accord and "Folkins" Subdivisions. They have advised that the areas close to the 1515 Loch Lomond area are already R2. BOTH staff and the developer have failed to mention that the two (2) streets /Subdivisions that "surround" 1515 Loch Lomond are already zoned RS -2. Ganong (Subdivision), Pauline Street, and PART of the Folkins Subdivision (Lakefield Court) surround the 1515 Loch Lomond development and are zoned RS -2. 1515 is also zoned RS -2 and should remain that way as ALL adjoining properties are RS -2. The Owner/Developer knew this when he purchased the property (that it was RS -2) and that he could have 93 lots (now he has changed it again to 98) and could develop accordingly and this is all that should be permitted. His development was not "stopped or turned down" as has been played up in the media as well as on several "open line" type radio programs. He bought the land knowing how many lots he could develop and thought/hoped he could have the zoning changed to accommodate ABOUT 138% additional homes. The development should happen, but within the current zoning bylaws and meeting at least the minimum requirements. 272 David Fischer Ganong Road Saint John NB Att: Lot plan overview with lots that appear to be smaller than the required frontage width for RS -2 (Red dot on the lots) 273 J N N ZZ t3 h +Z► �I 0 1 I I 1 I 1 N a Q z A d 9 avoy �owoi � f 7 �S r F 1 i � =a g z V G F f C ? �f 1274 R tl` s S.� J� J F �I The City of Saint john DATE: TO: FROM: FOR: SEPTEMBER 16, 2011 PLANNING ADVISORY COMMITTEE COMMUNITY PLANNING • PLANNING AND DEVELOPMENT MEETING OF SEPTEMBER 20, 2011 PREPARED BY- /�f� ll Mark Reade, P. Eng., MCIP, RPP Senior Planner SUBJECT: REVIEWED BY: c ee�4�� Ken Forrest, MCIP, RPP Commissioner Name of Applicant: GENIVAR on behalf of 654101 NB Inc. Name of Owner: 654101 NB Inc. Location: 1515 Loch Lomond Road PID: 55210413 Municipal Plan: Low Density Residential Zoning: "RS -2" One and Two Family Suburban Residential Proposal: To develop the first phase of a residential subdivision. Type of Application: Subdivision and variances to: a) reduce the block length from the minimum requirement of 150 metres to approximately 89 metres, and b) reduce the clearance between street intersections from the requirement of 60 metres to approximately 40 metres. Q` SAINT JOHN P.O. Box 1971 Saint John, NB Canada F2L 411 wwwsaingohn.ca I C.P. 1971 Saint Jahn, N.-B. Canada E2L 4L1 275 GENIVAR on behalf of 654101 NB Inc. Page 2 1515 Loch Lomond Road September 16, 2011 JURISDICTION OF COMMITTEE: The Community Planning Act authorizes the Planning Advisory Committee to advise Common Council concerning the vesting of public streets and land for public purposes in conjunction with the subdivision of land. The Community Planning Act authorizes the Planning Advisory Committee to grant reasonable variances from the requirements of the Subdivision By -law. The Committee can impose conditions. STAFF RECOMMENDATION TO COMMITTEE: 1. That Common Council assent to one or more subdivision plans, in one or more phases, in general accordance with the submitted Mosaic Heights Subdivision, Unit 1 Phase 1 tentative plan, as well as to any necessary municipal services and public utility easements. 2. That Common Council authorize the preparation and execution of one or more City/Developer Subdivision Agreements to ensure provision of the required work and facilities, including detailed site and drainage plans for the approval of the Chief City Engineer or his designate, as well as any additional infrastructure costs associated with this proposed subdivision development. 3. That the Planning Advisory Committee grant a variance to the requirements of the Subdivision By -law that would reduce the block length from the minimum requirement of 150 metres to approximately 89 metres. 4. That the Planning Advisory Committee grant a variance to the requirements of the Subdivision By -law that would reduce the clearance between street intersections from the requirement of 60 metres to approximately 40 metres on the condition that driveway access for lots having both frontage on Loch Lomond Road and an internal street be restricted to the internal street only. 5. That the Planning Advisory Committee approve the street name "Mosaic Drive" BACKGROUND: At their meeting of June 21, 2011, the Planning Advisory Committee recommended that Common Council deny a request to rezone the property at 1515 Loch Lomond Road from "RS -2" One and Two Family Suburban Residential to "R -2" One and Two Family Residential to permit the construction of a residential subdivision. Common Council held a Public Hearing and gave first and second reading to the proposed Zoning By -law Amendment at their meeting of July 4, 2011. Third reading of the proposed Zoning By -law Amendment was denied by Common Council at their meeting of July 18, 2011. 276 GENIVAR on behalf of 654101 NB Inc. 1515 Loch Lomond Road INPUT FROM OTHER SOURCES: Page 3 September 16, 2011 Municipal Operations and Engineering has the following comments regarding the proposed subdivision of 1515 Loch Lomond Road: • Detailed engineering drawings from the developer's engineering consultant must be submitted to the City for review and approval. These plans must consider the full build out of the development. • There is an existing lake on the noted property (Blackall Lake). The proximity of this development to the lake would be subject to review /comments of New Brunswick Department of Environment. + The developer's engineering consultant must provide detailed storm water drainage plans and a design brief indicating how storm water collection and disposal will be handled for the full build out of the development. • Upgrades to existing infrastructure by the developer may be required. Detailed engineering plans must be submitted prior to determining this. • All grades for existing water and sewer systems must be verified by the developer's engineering consultant. Any proposed wastewater flows generated by this development that are being directed north towards the Bing Avenue / David Street area raises concern. The existing wastewater pumping station is at capacity. The City has reports available for review but until upgrades and /or improvements are made, no new flow can be directed to this station. For any proposed wastewater flows being directed towards Loch Lomond Road and the Hickey Road wastewater pumping station, the developer's engineering consultant must verify that the existing infrastructure to the station as well as the station itself can accommodate the proposed flows. • There is no sanitary sewer infrastructure on this portion of Loch Lomond Road. Any required extensions of the existing sanitary sewer infrastructure to service this site are the full responsibility and cost of the developer. • The developer's engineering consultant must verify water capacity and fire flow requirements and include them with the detailed drawing submission. The City must have from the developer's engineering consultant what the expected average and peak water consumption flows will be from the full build out of this proposed development and confirmation that there is sufficient capacity to support this proposed development. • On the proposed subdivision plan for Phase 1 of Mosaic Heights Subdivision the parcel of land designated as Land for Public Purposes immediately adjacent to Normal Drive would appear to prevent the future interconnection of Norman Drive with this proposed development. • There should be consideration for pedestrian access in this development. • Access for proposed Lots 11 -1 and 11 -5 is to be via Mosaic Drive only. These proposed lots should not have direct access to Loch Lomond Road. • The temporary (gravel) turn- around area shown on the proposed subdivision plan for Phase 1 of Mosaic Heights Subdivision must meet the minimum diameter of 37.5 metres. Buildings and Inspection Services has no concerns with the proposal as presented. Saint John Fire Department has reviewed the proposal as it relates to the above - mentioned application 277 GENIVAR on behalf of 654101 NB Inc. 1515 Loch. Lomond Road Page 4 September 16, 2011 There is no objection to the subdivision application; however the Fire Department makes note that the street network would have to adhere to the following National Building Code Standard 3.2.5.6. The Saint John Fire Department reserves the right to accept any turn- around areas as defined by the developer. A site assessment will be required for the purposes of determining whether fire apparatus can turn in any of the proposed turn around areas (Cul -De -Sac). Saint John Transit provides service along Loch Lomond Road with our Loch Lomond Route. Leisure Services has been informed of the proposed development. Geographic Information Systems (Planning and Development) notes that Mosaic is an acceptable street name, but it should be a "Drive" and not a "Street". A name is requested for the short proposed street off of Mosaic. School District 8 has been informed of the proposed development. Saint John Energy has been informed of the proposed development. Bell Aliant has no issues regarding this development, however this could possibly fall under their line extension policy, which the developer should be aware of Rogers has been informed of the proposed development. Maritimes & Northeast Pipeline, Enbridge Gas, and Brunswick Pipeline have been informed of the proposed development. Maritimes & Northeast Pipeline and Brunswick Pipeline advise this area is clear of their facilities. ANALYSIS: Subject Site The overall site has an area of approximately 14.6 hectares and is located on the north side of Loch Lomond Road west of Lakewood Heights. The southem portion of the site, in the area of the proposed initial phase of development adjacent to Loch Lomond Road, is mostly cleared with a few large buildings from the former agricultural use located on the southwestern corner of the property. The site has approximately 174 metres of frontage along Loch Lomond Road with elevations of the site ranging from 66 metres in the northeast corner of the site to 58 metres along Loch Lomond Road. Proposed Development The applicant is seeking approval to develop the initial phase of a residential development. The proposed subdivision, as shown on the tentative plan, has an area of approximately 7830 square metres and includes a 241 metre length of Public Street and four residential building lots. Lands for Public Purposes are also proposed in two parcels totalling 3371 square metres. The larger parcel having an area 278 GENIVAR on behalf of 654101 NB Inc. 1515 Loch Lomond Road Page 5 September 16, 2011 of 2095 square metres, adjacent to Blackall Lake, will form part of the overall Lands for Public Purposes conveyance for the entire development. The parcel immediately adjacent to the end of Norman Drive is proposed to be initially conveyed to the City for access to the larger parcel adjacent to Blackall Lake and then reconveyed to the developer at a later stage of the development when an additional access to the lakeside Lands for Public Purposes is provided. Surrounding Area The surrounding area is generally zoned "RS -2" One and Two Family Suburban Residential and "R -2" One and Two Family Residential and contains a mix of single and two family residences and vacant lands. Several parcels of land with "RM -1" Three Storey Multiple Residential zoning are also located in the vicinity of the proposed development. Institutional and industrial zoning are also located along Loch Lomond Road in the area of the proposed development and include a church, care home, automobile dealership and gas station and convenience store. Municipal Plan Direction The site is designated Low Density Residential by the Municipal Plan with a portion of the site designated Open Space. The Open Space portion coincides with a strip of land along Blackall Lake. The development proposed is consistent with the provisions of the existing Municipal Plan. Zoning By-law The proposed subdivision meets the specific requirements of the existing "RS -2" One and Two Family Suburban Residential zone and the general requirements of the Zoning By -law. Subdivision By -law Considerations The Tentative Plan of Subdivision meets the requirements of the Subdivision By -Law with the exception of required variances for block length and the separation distance between streets. A variance is required to reduce the block length from the minimum requirement of 150 metres to approximately 89 metres for the proposed block of four lots. This variance is necessitated by the design of the overall layout which has a roadway (Elisa Drive) connecting Mosaic Street and Norman Drive. Staff are of the opinion the variance is reasonable and can be supported. A variance is also required from the requirements of Section 7(l)(c) of the Subdivision By -law which requires that street intersections on the same or opposite sides of a street cannot be closer than 60 metres as measured between the right -of -way limits of the two streets. The proposed location of Mosaic Drive is approximately 40 metres from Crescent Avenue, located on the opposite side of Loch Lomond Road. Staff are of the opinion this is reasonable and the variance can be supported given the limited amount of development (15 single family dwellings) to which Crescent Avenue provides access. Municipal Operations and Engineering has expressed concern regarding direct driveway access to Loch Lomond 279 GENIVAR on behalf of 654101 NB Inc. 1515 Loch Lomond Road Page 6 September 16, 2011 Road from lots within the proposed development and requested that corner lots having frontage on both Loch Lomond Road and internal streets such as Mosaic Drive be restricted to have driveway access from the internal street (in this case Mosaic Drive). Staff recommend as a condition of the variance that driveway access for lots having both frontage on Loch Lomond Road and an internal street be restricted to the internal street only. In all other respects, the location of the streets within the proposed subdivision comply with all requirements of the City of Saint John and it is therefore appropriate to approve the tentative plan of subdivision. Lands for Public Purposes Under the requirements of the Subdivision By -law, lands in the amount of 6% of the area to be subdivided, excluding streets, are to be set aside as Lands for Public Purposes or cash -in -lieu, totalling 6% of the market value of lands to be subdivided, is to be paid to the City. The applicant is proposing to provide Lands for Public Purposes in two parcels totalling 3371 square metres. The larger parcel, having an area of 2095 square metres adjacent to Blackall Lake, will form part of the overall Lands for Public Purposes conveyance for the development. The parcel immediately at the end of Norman Drive is proposed to be initially conveyed to the City for access to the larger parcel adjacent to Blackall Lake and then reconveyed to the developer at a later stage of the development when an additional access to the lakeside Lands for Public Purposes is provided. The 2095 square metre parcel adjacent to the lake satisfies and exceeds the Lands for Public Purposes requirement and will provide the developer with a credit for future development. Lands at this location meet the requirement of section 19 of the Subdivision By -Law. Servicing and Access Municipal Operations and Engineering notes the applicant's engineering consultant must provide a detailed site storm water drainage plan and a design brief indicating how storm water collection and disposal will be handled along with verification of sanitary sewer capacity and water supply availability and pressures. For any proposed wastewater flows being directed north towards Bing Avenue and David Street, Staff note the existing pumping station serving this area is at capacity and requires upgrades prior to having available capacity to receive additional flows. For wastewater flows being directed towards Loch Lomond Road and the Hickey Road wastewater pumping station, the developer's engineering consultant must verify that the existing infrastructure to the station as well as the station itself can accommodate the proposed flows. There is no sanitary sewer infrastructure on this portion of Loch Lomond Road. Any required extensions of the existing sanitary sewer infrastructure to service this site are the full responsibility and at the cost of the developer. In addition, the development may require upgrades to existing infrastructure by the developer and detailed engineering plans must be submitted prior to determining this. Planning Staff have a concern with the overall layout of Mosaic Drive as shown on the proposed roadway layout plan attached to the report. This street is shown with a relatively straight alignment which may tend to encourage excessive traffic speeds. Staff note that the overall roadway layout plan :E GENIVAR on behalf of 654101 NB Inc. 1515 Loch Lomond Road Page 7 September 16, 2011 submitted with the earlier rezoning had Mosaic Drive terminating as a minor street at a T- intersection with Norman Drive at a distance of approximately 390 metres from Loch Lomond Road. Staff recommend that the developer's consultant review the layout of Mosaic Drive in future phases of the development and introduce changes to the alignment of the street to encourage reduced vehicle speeds. The proposed street name Mosaic Drive is acceptable and is recommended for approval by the Committee. CONCLUSION: The proposed development meets the intent of the existing Municipal Plan and the provisions of the "RS -2" One and Two Family Suburban Residential zone. Approval of the application is recommended and approval of the variances is recommended with a condition restricting the driveway locations on corner lots having frontage on Loch Lomond Road. The proposed subdivision is taking place within the existing zoning provisions of the property. With the exception of two variances to the Subdivision By -Law noted herein, the location of streets and the Lands for Public Purposes meet all requirements of the City of Saint John. The Committee should be aware that this development proceeding under the provisions of the "RS -2" One and Two Family Suburban Residential zone results in the elimination of approximately 20 lots from the applicant's earlier proposal. As a result, the density of the proposed subdivision is decreased which makes it less efficient for the City to service and maintain and also results in decreased tax revenue for the municipality. MR Project No. 11 -222 281 PLANNING AND DEVELOPMENT /URBANISME ET DEVELOPPEMENT po r \ '•+ + Goad ,O .•R4 ' It , ♦ ,1v..,� :,;' r,,. ,. ;,, ,`: At IJ �. , .• � tit ti �r,• -' . _ - ,,� 0. ' .• '' w � :, " r i '' \a t ••✓••''� � -ice � • �+ ��• y +r? RS � \..+ F ••4 + + .• ! ,y RS- 2 - -- Subject Site /site en question: 55210413 (portion) Location: 1515 ch. Loch Lomond Rd. Date: August 29 aout 2011 Scale /echelle: Not to scale /Pas a I'echelle ......................... Y ......................... ................. n o!e s a gg °as .2a 3lns s r_Y�Y O�e 4VOb QNOMOI fiJ01 •E 7 � •E ............... ........... "^9ili�•.:........... nib g sK? j e t a d d `N 0 a i��131 z � 4 d P� x F E a In gil, i fact: pa5a� E 283 \ | |• q §� §]E ! ( E � \ � � ■ | |� q �� |� m 9 K § � � ■ \ 2 f \ § � f , .& ■ � a � 2 � � 1-43k" -M_ 9 � � � � � � � � � 2 9 � � � ! 7 7 | � � Reade, Mark From: O'Connor, Colleen Sent: September 12, 2011 1:44 PM To: Reade, Mark; Flecknell, Jillian Subject: FW: Proposed Subdivision - 1515 Loch Lomond Road Attachments: Lots Under 22 M (Diagram).pdf From: David Fischer [mailto:fscher @nbnet.nb.ca] Sent: September -12 -11 1:06 PM To: Facternal - Planning Subject: Proposed Subdivision - 1515 Loch Lomond Road Re: Proposed Subdivision 1515 Loch Lomond Road I am opposed to the Subdivision Plan as it was submitted. The reason I am opposed is that one of the 4 planned lots does not meet the width requirement (frontage) for development in an area zoned RS -2. I support the development of the Subdivision as long as it conforms to the rules laid out in the zoning bylaw for RS -2 land use and development. Their current plan for the development of the first four (4) lots: - Lot 11-4 has a "frontage" of 19 Meters (onto Mosaic street) o RS2 requires a 22 Meter frontage All the diagrams and drawings I received indicate that they are drawn to scale. If this is correct, about 2/3 of the remaining lots (out of the 98 total) appear to NOT have a 22 Meter frontage on the lots. In previous presentations by the developer, requesting re- zoning to R2, they have been careful in selecting the "comparable areas" such as Bon Accord and "Folkins" Subdivisions. They have advised that the areas close to the 1515 Loch Lomond area are already R2. BOTH staff and the developer have failed to mention that the two (2) streets /Subdivisions that "surround" 1515 Loch Lomond are already zoned RS -2. Ganong (Subdivision), Pauline Street, and PART of the Folkins Subdivision (Lakefield Court) surround the 1515 Loch Lomond development and are zoned RS -2. 1515 is also zoned RS -2 and should remain that way as ALL adjoining properties are RS -2. The Owner/Developer knew this when he purchased the property (that it was RS -2) and that he could have 93 lots (now he has changed it again to 98) and could develop accordingly and this is all that should be permitted. His development was not "stopped or turned down" as has been played up in the media as well as on several "open line" type radio programs. He bought the land knowing how many lots he could develop and thought/hoped he could have the zoning changed to accommodate ABOUT 138% additional homes. The development should happen, but within the current zoning bylaws and meeting at least the minimum requirements. 285 David Fischer Ganong Road Saint John NB Att: Lot plan overview with lots that appear to be smaller than the required frontage width for RS -2 (Red dot on the lots) :. J N N ZZ t3 h +Z► �I 0 1 I I 1 I 1 N a Q z A d 9 avoy �owoi � f 7 �S r F 1 i � =a g z V G F f C ? �f 1287 R tl` s S.� J� J F �I Planning Advisory Committee September 21, 2011 Your Worship and Councillors: P.O. Box 1971 506 658 -2800 Saint John New Brunswick Canada E2L 4L1 SUBJECT: Proposed Subdivision and Street Vesting 555 McAllister Drive a .a City of Saint John The Committee considered the attached report at its September 20, 2011 meeting. Curtis Langille appeared on behalf the City of Saint John, the applicant, and spoke in favour of staff's recommendation. No one else appeared before the Committee to speak in favour or against the application. After considering the report and comments made by the applicant, the Committee recommended approval of the subdivision of the subject property. RECOMMENDATION: That Common Council assent to the submitted City of Saint John tentative subdivision plan that would vest a total area of approximately 137 square metres (1,475 square feet) from PID number 55116966 as part of the Mountain View Drive public street right -of -way. Respectfully submitted, Colin Murray Chairman JK Project No. 11 -233 r r e The City of Saint John DATE: TO: FROM: FOR: PREPARED BY: Jody Kiiff Planner SEPTEMBER 16, 2011 PLANNING ADVISORY COMMITTEE COMMUNITY PLANNING t PLANNING AND DEVELOPMENT MEETING OF SEPTEMBER 20, 2011 REVIEWED BY: Ken Forrest, MCIP, RPP Commissioner SUBJECT: Name of Applicant: City of Saint John Name of Owner: The Standard Life Assurance Company of Canada Location: 555 McAllister Drive PID: 55116966 Municipal Plan: Service Corridor Zoning: "SZ -5" Special Zone #5 Proposal: To vest a portion of the subject property to form part of Mountain View Drive Type of Application: Subdivision SAINT JOHN -----� P.O. Box 1971 Saint John, NB Canada E21- 41.1 www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada 1121- 41-1 289 City of Saint John Page 2 555 McAllister Drive September 16, 2011 JURISDICTION OF COMMITTEE: The Community Planning Act authorizes the Planning Advisory Committee to advise Common Council concerning the vesting of public streets and land for public purposes in conjunction with the subdivision of land. STAFF RECOMMENDATION TO COMMITTEE: That Common Council assent to the submitted City of Saint John tentative subdivision plan that would vest a total area of approximately 137 square metres (1,475 square feet) from PID number 55116966 as part of the Mountain View Drive public street right -of -way. BACKGROUND: Common Council, at its January 3, 2006 meeting, adopted a proposal to redesignate the subject property on the Future Land Use Plan from "Business Park" to "Service Corridor" and rezoned it to "SZ -5" Special Zone #5. The proposal was to establish an automobile dealership at the subject property, which resulted in Council approving a number of Section 39 conditions that relate to the operation of an automobile dealership and site improvement criteria. However, the dealership was never established and the subject site is currently occupied by the Canada Revenue Agency office. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has no objection to vesting a portion of property (137 m2) to the City of Saint John as part of the public right -of -way at the intersection with McAllister Drive Buildings and Inspection Services has no concerns with this application. ANALYSIS: The subject area is situated on McAllister Drive in the City's east side. The site is located at the intersection of McAllister Drive and Mountain View Drive and is currently being used as part of the public right -of -way. The portion of the site that is subject to this subdivision application is part of the right -of -way that comprises the right -turn lane traveling from Mountain View Drive onto McAllister Drive. In 2010, Municipal Operations identified a project to reconstruct a short portion of Mountain View Drive leading to an intersection with McAllister Drive. The work included widening of a portion of Mountain View Drive to create a dedicated right -hand turn lane onto McAllister Drive. In addition, new concrete curb and sidewalk along with a traffic light intersection formed part of this project. Real Estate Services were subsequently asked to acquire the necessary land in order to facilitate the above noted project. It was determined that all of the road reconstruction work along with the new 290 City of Saint John Page 3 555 McAllister Drive September 16, 2011 sidewalk would be completed within the existing street right -of -way. However, land would be needed to accommodate the necessary sloping away from the sidewalk and also to allow for a portion of the dedicated right -hand turn lane onto McAllister Drive. Municipal Operations authorized the awarding of the contract during the summer of 2010 to have the above noted project completed. With the exception of a few tree replantings, the work is now complete. Approval for the proposed subdivision is recommended. JK Project No. 11 -233 291 292 Subject Site /site en question: PID(s)1NIP(s): 55116966 Location: 555 McAllister Drive Date: August 30, 2011 Scale /6chelle: Not to scale /Pas a 1'6chelle 292 i g -oz1- IOig N; 4� OUR 0 i5 31 cc Q g� .aa aeA Qrt 46� .N m Z 293 294