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2012-02-13_Agenda Packet--Dossier de l'ordre du jour4 City of Saint John Common Council Meeting Monday, February 13, 2012 Committee of the Whole Each of the following items, either in whole or in part, is able to be discussed in private pursuant to the provisions of section 10 of the Municipalities Act and Council /Committee will make a decision(s) in that respect in Open Session: 1. Call to Order 5:00 P.M. 8th Floor Boardroom 1.0(a,b,c,d) Approval of Minutes 10.2(4) 1.1 Employment Matter 10.2(4)(b,j) 1.2 Legal Matter 10.2(4)(c) 1.3 Land Matter 10.2(4)(d) 1.4 Employment Matter 10.2(4)0) 1.5 Personnel and Financial Matter 10.2(4)(b,c) 1.6 Financial Matter 10.2(4)(c) 1.7 Personnel and Employment Matter 10.2(4)(b,j) 1.8 Land Matter 10.2(4)(d) Regular Meeting Si vous avez besoin des services en frangais pour une reunion de Conseil Communal, veuillez contacter le bureau de la greffiere communale au 658 -2862. 1. Call to Order — Prayer 7:00 P.M. Council Chamber 2. Approval of Minutes 2.1 Approval of Minutes - January 16, 2012 3. Adoption of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 Frank Rodgers Letter (Recommendation: Receive for Information) 5.2 Organ Donor Program Request to Present (Recommendation: Refer to the Clerk to Schedule) 5.3 Uptown Saint John re: Congestion Levy /Fee (Recommendation: Receive for Information) 5.4 Saint John Ability Advisory Committee Letter re: Transportation (Recommendation: Refer to Transit Commission) 5.5 Land Acquisition - 411 Rothesay Avenue portion of PID 55145049 (Recommendation in report) 4 5.6 Medium Voltage Motor Control Centre - Musquash Water Pumping Station (Recommendation in report) 5.7 Saint John Water - 2011 Annual Water Report (Recommendation in report) 5.8 Saint John Industrial Parks Request to Present (Recommendation: Refer to Common Clerk to schedule) 5.9 Replacement Packer Truck (Recommendation in report) 5.10 John Howard Society of New Brunswick letter (Recommendation: Receive for Information) 6. Members Comments 7. Proclamation 7.1 Amateur Radio Week - The week of February 13th, 2012 7.2 Freedom to Read Zone Week - February 26th to March 3rd, 2012 7.3 Heritage Week February 13th to 20th and Heritage Day February 20th, 2012 7.4 YMCA Strong Kids Month - February 15th to March 15th, 2012 8. Delegations / Presentations 9. Public Hearings 7:00 P.M. 9.1 Proposed Stop Up and Close - Ludlow Street 10. Consideration of By -laws 10.1 Third Reading Proposed Zoning By -Law Amendment 3795 Loch Lomond Rd 10.2(a) Third Reading Proposed Zoning By -Law Amendment 67 Loch Lomond Rd 10.2(b) Section 39 Conditions 11. Submissions by Council Members 11.1 Pension Reform Advocacy Plan (Councillor McGuire) 11.2 Defined Contribution Plan (Councillor Sullivan) 11.3 Worst Case Scenario Budget Plan (Councillor Sullivan) 11.4 City Hall Cost Reductions to Cover 6.4 Million Dollar Deficit (Councillor Higgins) 12. Business Matters - Municipal Officers 12.1 City Manager: Chesley Drive - Sanitary Lift Station 10A, Force Main & Sewer 12.2 City Manager: Demolition of a Hazardous Building at 1355 Golden Grove Rd 12.3 City Manager: Saint John Water - 2011 Annual Wastewater Report 12.4 City Manager: Revised Digital Geographic Information Distribution Policy 12.5 City Manager: Implementation of 2012 Operating Budget re Planning Fees 12.6 City Manager: Implementation of 2012 Operating Budget Heritage Reforms 12.7 City Manager: Traffic Calming Policy 13. Committee Reports 13.1 Committee of the Whole: Policy Direction and Business Practices 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 16. Adjournment 5 The City of Saint John Seance du conseil communal Le lundi 13 f6vrier 2012 Comit6 pl6nier Chacun des points suivants, en totalit6 on en partie, pent faire l'objet d'une discussion en priv6 en vertu des dispositions pr6vues a Particle 10 de la Loi sur les municipalites. Le Conseil /Comit6 prendra une ou des decisions a cet 6gard an cours de la seance publique 1. Ouverture de la s6ance 17 h - Salle de conf6rence du 8e &age 1.0 (a, b, c et d) Approbation du proc&s- verbal — paragraphe 10.2(4) 1.1 Question relative a 1'emploi — alin6as 10.2(4)b) et j) 1.2 Question juridique — alin6a 10.2(4)c) 1.3 Question relative aux biens -fonds — alin&a 10.2(4)d) 1.4 Question relative a 1'emploi — alin6a 10.2(4)j) 1.5 Question relative au personnel et question financiere — alin&as 10.2(4)b) et c) 1.6 Question financiere — alin6a 10.2(4)c) 1.7 Question relative au personnel et a 1'emploi — alin&as 10.2(4)b) et j) 1.8 Question relative aux biens -fonds — alin6a 10.2(4)d) Seance ordinaire Si vous avez besoin des services en frangais pour une r6union de Conseil Communal, veuillez contacter le bureau de la greffi&e communale au 658 -2862. 1.Ouverture de la s6ance, suivie de la priere 19 h Salle du conseil 2. Approbation du proces- verbal 2.1 Approbation du proces- verbal de la s6ance tenue le 16 janvier 2012 3. Adoption de 1'ordre du jour 4. Divulgations de conflits d'int6rets 5. Questions soumises a Papprobation du conseil 5.1 Lettre de Frank Rodgers (recommandation : accepter a titre informatif) 5.2 Demande pr6sent6e par le Programme de dons d'organe visant a se pr6senter devant le conseil (recommandation : transmettre a la greffiere pour qu'une date de pr6sentation soit fix6e) 5.3 Uptown Saint John: p6age de congestion (recommandation : accepter a titre informatif) 5.4 Lettre du Saint John Ability Advisory Committee concernant le transport (recommandation : transmettre a la Commission des transports) 0 5.5 Acquisition d'une parcelle de terrain situee au 411, avenue Rothesay portant le NID 55145049 (recommandation figurant au rapport) 5.6 Centre de commande de moteurs a moyenne tension — Poste de pompage de 1eau de Musquash (recommandation figurant au rapport) 5.7 Rapport annuel de 2011 relatif au reseau d'aqueduc de Saint John Water (recommandation figurant au rapport) 5.8 Demande de Saint John Industrial Parks en vue de faire une presentation devant le conseil (recommandation : transmettre a la greffi&re communale pour qu'une date de presentation soit fixee) 5.9 Remplacement d'un carrion compacteur (recommandation figurant au rapport) 5.10 Lettre de la John Howard Society of New Brunswick (recommandation accepter a titre informatif) 6. Commentaires presentes par les membres 7. Proclamation 7.1 Semaine de la radio amateur — Semaine du 13 fevrier 2012 7.2 Semaine de lecture en toute libert& — Du 26 fevrier au 3 mars 2012 7.3 Semaine du patrimoine du 13 au 20 fevrier et Fete du patrimoine le 20 fevrier 2012 7.4 Mois de la campagne YMCA Pour nos enfants — Du 15 fevrier au 15 mars 2012 8. Delegations et presentations 9. Audiences publiques 19h 9.1 Projet de modification de 1'Arret6 concernant la fermeture et le barrage de routes — rue Ludlow 10. Etude des arretes municipaux 10.1 Troisieme lecture du projet de modification de 1'Arret6 de zonage visant le 3795, chemin Loch Lomond 10.2a) Troisieme lecture du projet de modification de 1'Arrete de zonage visant le 67, chemin Loch Lomond 10.2b) Conditions impos&es par Particle 39 11. Interventions des membres du conseil 11.1 Plan d'action relatif a la reforme du regime de retraite (conseiller McGuire) 11.2 Regime a cotisations d&termin&es (conseiller Sullivan) 11.3 Plan budgetaire — scenario de la pire &ventualit& (conseiller Sullivan) 11.4 Reduction des couts de 1'H6te1 de ville pour compenser le deficit de 6,4 millions de dollars (conseiller Higgins) 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.1 Directeur general : promenade Chesley — station de rel&vement no 10A, conduite d'eau principale et &gout sanitaire 12.2 Directeur general : demolition d'un batiment dangereux situ& au 1355, chemin Golden Grove 12.3 Directeur general : rapport annuel de 2011 relatif au reseau d'aqueduc de Saint John Water 12.4 Directeur general : politique r&vis&e concernant la diffusion de 1'information geographique numerique 12.5 Directeur general : mise en oeuvre du budget d'exploitation 2012 — frais d'urbanisme 7 12.6 Directeur g6n6ral : mise en oeuvre du budget d'exploitation 2012 — r6formes concernant le patrimoine 12.7 Directeur g6n6ral : politique visant a ralentir la circulation 13. Rapports deposes par les comites 13.1 Comit6 pl6nier : orientations strat6giques et pratiques commerciales 14. Etude des sujets ecart6s des questions soumises a Papprobation du conseil 15. Correspondance generale 16. Lev6e de la seance 0 2.t 96- COMMON COUNCILICONSEIL COMMUNAL JANUARY 16, 2012/LE 16 JANVIER 2012 COMMON COUNCIL MEETING — THE CITY OF SAINT JOHN CITY HALL — JANUARY 16, 2012 — 7:40 P.M. Present: Ivan Court, Mayor Deputy Mayor Chase and Councillors Court, Farren, Higgins, McGuire, Norton, Snook, and Sullivan - and - P. Woods, City Manager; J. Nugent, City Solicitor; G. Yeomans, Commissioner of Finance and Treasurer; K. Rice, Deputy Commissioner of Municipal Operations; K. Forrest, Commissioner of Planning and Development; A. Poffenroth, Deputy Commissioner of Buildings and Inspection Services; M. King, Police Staff Sergeant; K. Clifford, Acting Fire Chief; E. Gormley, Common Clerk and J. Taylor, Assistant Common Clerk. SEANCE DU CONSEIL COMMUNAL DE THE CITY OF SAINT JOHN TENUE A L'HOTEL DE VILLE, LE 16 JANVIER 2012 A 19 H 40 Sont presents : Ivan Court, maire le maire suppleant Chase et les conseillers Court, Farren, McGuire, Norton, Snook, Sullivan et la conseillere Higgins -et - P. Woods, directeur general; J. Nugent, avocat municipal; G. Yeomans, commissaire aux finances et tresorier; K. Rice, commissaire aux Operations municipales; K. Forrest, commissaire au service Urbanisme et developpement; A. Poffenroth, commissaire adjoint aux Services d'inspection et des batiments; M. King, sergent d'etat -major du Service de police; K. Clifford, chef du service d'incendie par interim; E. Gormley, greffiere communale, et J. Taylor, greffier communal adjoint. 1. Call To Order — Prayer Mayor Court called the meeting to order and he offered the opening prayer 1. Ouverture de la seance, suivie de la priere La seance est ouverte par le maire Court, lequel recite la priere d'ouverture. 2. Approval of Minutes 2.1 Minutes of December 5, 2011 On motion of Councillor McGuire Seconded by Councillor Sullivan RESOLVED that the minutes of the meeting of Common Council, held on December 5, 2011, be approved. Question being taken, the motion was carried. 2. Approbation du proces- verbal 2.1 Proces- verbal de la seance tenue le 5 decembre 2011 Proposition du conseiller McGuire Appuyee par le conseiller Sullivan RESOLU que le proces- verbal de la seance du conseil communal tenue le 5 decembre 2011 soit approuve. A I'issue du vote, la proposition est adoptee. D 96- COMMON COUNCIL /CONSEIL COMMUNAL JANUARY 16, 2012/LE 16 JANVIER 2012 2.2 Minutes of December 12, 2011 On motion of Councillor McGuire Seconded by Councillor Sullivan RESOLVED that the minutes of the meeting of Common Council, held on December 12, 2011, be approved. Question being taken, the motion was carried. 2.2 Proces- verbal de la seance tenue le 12 decembre 2011 Proposition du conseiller McGuire Appuyee par le conseiller Sullivan RESOLU que le proces- verbal de la seance du conseil communal tenue le 12 decembre 2011 soit approuve. A Tissue du vote, la proposition est adoptee. 2.3 Minutes of December 19, 2011 On motion of Councillor McGuire Seconded by Councillor Sullivan RESOLVED that the minutes of the meeting of Common Council, held on December 19, 2011, be approved. Question being taken, the motion was carried. 2.3 Proces- verbal de la seance tenue le 19 decembre 2011 Proposition du conseiller McGuire Appuyee par le conseiller Sullivan RESOLU que le proces- verbal de la seance du conseil communal tenue le 19 decembre 2011 soit approuve. A Tissue du vote, la proposition est adoptee. 3. Approval of Agenda On motion of Councillor Farren Seconded by Councillor Norton RESOLVED that the agenda of this meeting with the addition of items 9.1 Proposed By -Law Amendment Stop Up and Close a Portion of Water Street; 9.2 Proposed By -Law Amendment Stop up and Close a Portion of Prince William Street and 13.2 Committee of the Whole: Pension Reform Fees for the Period Ended November 30, 2011, be approved. Question being taken, the motion was carried. 3. Adoption de I'ordre du jour Proposition du conseiller Farren Appuyee par le conseiller Norton RESOLU que I'ordre du jour de la presente reunion soit adopte, moyennant I'ajout des points 9.1 Projet de modification de I'Arrete concernant la fermeture et le barrage de routes — Tronron de la rue Water; 9.2 Projet de modification de I'Arrete concernant la fermeture et le barrage de routes — Trongon de la rue Prince William et 13.2 Comite plenier : Frais relatifs a la reforme du regime de retraite pour la periode se terminant le 30 novembre 2011. A ('issue du vote, la proposition est adoptee. 3.1 2012 General Fund Operating Budget The City Manager suggested that Council table the 2012 General Fund Operating Budget until a later date, noting that some Council members requested that he provide Council with a contingency plan outlining how the budget will be adjusted should the Province of New Brunswick not approve the proposed pension plan amendments. 10 96- COMMON COUNCILICONSEIL COMMUNAL JANUARY 16, 2012/LE 16 JANVIER 2012 On motion of Councillor Sullivan Seconded by Councillor McGuire RESOLVED that the 2012 General Fund Operating Budget be tabled and the City Manager be directed to provide Council with a contingency plan which outlines how the budget will be adjusted should the Province of New Brunswick not approve the proposed pension plan amendments. Question being taken, the motion was carried. 3.1 Budget de fonctionnement du fonds d'administration de 2012 Le directeur general suggere que le conseil reporte le budget de fonctionnement du fonds d'administration de 2012 a une date ulterieure et it fait remarquer que certains membres du Conseil lui ont demande de fournir au Conseil un plan d'urgence precisant les rajustements dont ferait ('objet le budget dans le cas ou la Province du Nouveau- Brunswick n'approuverait pas les modifications proposees au regime de retraite. Proposition du conseiller Sullivan Appuyee par le conseiller McGuire RESOLU que le budget de fonctionnement du fonds d'administration de 2012 soit reporte et que le directeur general soit charge de fournir au Conseil un plan d'urgence precisant les rajustements dont ferait ('objet le budget dans le cas ou la Province du Nouveau - Brunswick n'approuverait pas les modifications proposees au regime de retraite. A ('issue du vote, la proposition est adoptee. 9. Public Hearings The public hearing began at 1:4U p.m. -1-he Mayor notes that start advised those members of the public that were in attendance at 7:00p.m. in the Council Chamber that the public hearings would begin later than scheduled. 9.1 Proposed By -Law Amendment Stop Up and Close a Portion of Water Street The Common Clerk advised that the necessary advertising was completed with regard to the proposed by -law amendment to stop -up and close a portion of Water Street, by adding thereto Section 221 immediately after Section 220 thereof, with no objections received. The Mayor called for members of the public to speak against the proposed amendment with no one presenting. The Mayor called for members of the public to speak in favour of the proposed amendment with Rick Turner of Hughes Surveys indicating that he was in agreement with the staff report and the recommendation of the Planning Advisory Committee. On motion of Councillor Farren Seconded by Councillor Sullivan RESOLVED that the by -law entitled, "A By -Law Respecting the Stopping Up and Closing of Highways in The City of Saint John ", regarding a portion of Water Street by adding thereto Section 221 immediately after Section 220 thereof, be read a first time. Question being taken, the motion was carried. Read a first time by title, the by -law entitled, "A By -Law Respecting the Stopping Up and Closing of Highways in The City of Saint John ". On motion of Councillor Sullivan Seconded by Councillor Farren RESOLVED that the by -law entitled, "A By -Law Respecting the Stopping Up and Closing of Highways in The City of Saint John ", regarding a portion of Water Street by adding thereto Section 221 immediately after Section 220 thereof, be read a second time. 11 96- COMMON COUNCILICONSEIL COMMUNAL JANUARY 16, 20121LE 16 JANVIER 2012 Question being taken, the motion was carried Read a second time by title, the by -law entitled, "A By -Law Respecting the Stopping Up and Closing of Highways in The City of Saint John" 9. Audiences publiques L'audience publique debute .119 h 40. Le maire fait remarquer que le personnel a informe les membres du public qui etaient presents a 19 h dans la salle du conseil que les audiences publiques commenceraient plus tard que I'heure initialement prevue. 9.1 Projet de modification de I'Arrete concernant la fermeture et le barrage de routes — tronron de la rue Water La greffiere communale indique que les avis requis ont ete publies relativement au projet de modification de I'Arrete concernant la fermeture et le barrage de routes — trongon de la rue Water, et par I'ajout de I'article 221 a la suite de Particle 220, et qu'aucune opposition n'a ete revue. Le maire invite le public a exprimer son opposition quant a la modification proposee, mais personne ne prend la parole. Le maire invite les membres du public a exprimer leur appui quant a la modification proposee. Rick Turner, de Hughes Surveys, se prononce en faveur du rapport du personnel et de la recommendation du Comite consultatif d'urbanisme. Proposition du conseiller Farren Appuyee par le conseiller Sullivan RESOLU que I'arrete intitule « Arrete sur l'interruption de la circulation et la fermeture des routes dans The City of Saint John » concernant un trongon de la rue Water par I'ajout de Iarticle 221 a la suite de Iarticle 220, fasse ('objet d'une premiere lecture. A I'Issue du vote, la proposition est adoptee. Premiere lecture par titre de I'arrete intitule o Arrete sur ('interruption de la circulation et la fermeture des routes dans The City of Saint John ». Proposition du conseiller Sullivan Appuyee par le conseiller Farren RESOLU que I'arrete intitule « Arrete sur ('interruption de la circulation et la fermeture des routes dans The City of Saint John » concernant un troncon de la rue Water par I'ajout de ('article 221 a la suite de Iarticle 220, fasse ('objet d'une deuxieme lecture. A ('issue du vote, la proposition est adoptee. Deuxieme lecture par titre de I'arrete intitule « Arrete sur ('interruption de la circulation et la fermeture des routes dans The City of Saint John ». 9.2 Proposed By -Law Amendment Stop up and Close a Portion of Prince William Street The Common Clerk advised that the necessary advertising was completed with regard to the proposed by -law amendment to stop -up and close a portion of Prince William Street, by adding thereto Section 222 immediately after Section 221 thereof, with no objections received. The Mayor called for members of the public to speak against the proposed amendment with no one presenting. 12 96- COMMON COUNCILICONSEIL COMMUNAL JANUARY 16, 20121LE 16 JANVIER 2012 The Mayor called for members of the public to speak in favour of the proposed amendment with Rick Turner of Hughes Surveys indicating that he was in agreement with the staff report and the recommendation of the Planning Advisory Committee. On motion of Councillor Farren Seconded by Councillor Sullivan RESOLVED that the by -law entitled, "A By -Law Respecting the Stopping Up and Closing of Highways in The City of Saint John," regarding a portion of Prince William Street by adding thereto Section 222 immediately after Section 221 thereof, be read a first time. Question being taken, the motion was carried. Read a first time by title, the by -law entitled, "A By -Law Respecting the Stopping Up and Closing of Highways in The City of Saint John ". On motion of Councillor Farren Seconded by Councillor Sullivan RESOLVED that the by -law entitled, "A By -Law Respecting the Stopping Up and Closing of Highways in The City of Saint John," regarding a portion of Prince William Street by adding thereto Section 222 immediately after Section 221 thereof, be read a second time. Question being taken, the motion was carried. Read a second time by title, the by -law entitled, "A By -Law Respecting the Stopping Up and Closing of Highways in The City of Saint John". 9.2 Projet de modification de I'Arrete concernant la fermeture et le barrage de routes -- Trongon de la rue Prince William La greffiere communale indique que les avis requis ont ete publies relativement au projet de modification de I'Arrete concernant la fermeture et le barrage de routes — trongon de la rue Prince William, et par I'ajout de I'article 222 A la suite de I'article 221, et qu'aucune opposition n'a ete reque. Le maire invite le public a exprimer son opposition quant a la modification proposee, mais personne ne prend la parole. Le maire invite Ies membres du public A exprimer leur appui quant a la modification proposee. Rick Turner, de Hughes Surveys, se prononce en faveur du rapport du personnel et de la recommandation du Comite consultatif d'urbanisme. Proposition du conseiller Farren Appuyee par le conseiller Sullivan RtSOLU que 1'arrete intitule « Arrete sur ('interruption de la circulation et la fermeture des routes dans The City of Saint John » concernant un trongon de la rue Prince William par I'ajout de I'article 222 a la suite de I'article 221, fasse I'objet d'une premiere lecture. A Tissue du vote, la proposition est adoptee. Premiere lecture de I'arrete intitule « Arrete sur ('interruption de la circulation et la fermeture des routes daps The City of Saint John ». Proposition du conseiller Farren Appuyee par le conseiller Sullivan R�SOLU que I'arrete intitule « Arrete sur 1'interruption de la circulation et la fermeture des routes dans The City of Saint John » concernant un trongon de la rue Prince William par I'ajout de I'article 222 A la suite de I'article 221, fasse ('objet dune deuxieme lecture. A ('issue du vote, la proposition est adoptee. Deuxieme lecture de I'arrete intitule « Arrete sur ('interruption de la circulation et la fermeture des routes dans The City of Saint John ». 13 96- COMMON COUNCIL/CONSEIL COMMUNAL JANUARY 16, 2012/LE 16 JANVIER 2012 4. Disclosures of Conflict of Interest 4. Divulgations de conflits d'interets 5. Consent Agenda 5.1 That the request to present by the Saint John Port Authority be referred to the Common Clerk for scheduling. 5.2 That as recommended by the Common Clerk in the report entitled Saint John Information Management (SJIM) Update that notwithstanding the City's Procurement Policy for engagement of professional services, LNW Consulting continue to provide project specific information management services to the Saint John Information Management project as noted in the submitted report not to exceed $100,000, and further that Stephanie Woods continue to provide project specific information management services to the Saint John Information Management project not to exceed $29,650, and that the Mayor and Common Clerk execute the necessary documents. 5.3 That the letter from Nancy Lawton regarding a congestion tax be received for information. 5.4 That as recommended by the City Manager in the submitted report M &C 2012 -005: Harbour Cleanup Lift Station # 7 Union Street Near Courtenay Bay Causeway, Common Council directs that Harbour Clean -Up SLS # 7 be constructed upon City land fronting Union Street, as generally illustrated on the Crandall Engineering preliminary drawing # 1080 -1 P -DOT and attached to M &C 2012 -005. 5.5 That as recommended by the City Manager in the submitted report M &C 2012 -006: Harbour Cleanup Brunswick News Inc 210 Crown St PID 17426 that: 1. The City of Saint John acquire from Brunswick News Inc. an easement for municipal services through a portion of PID # 00017426 (900 square metres) for the sum of $67,632.00 (plus HST if applicable), upon the terms and conditions contained in the "Memorandum of Understanding" attached to M &C 2012 -006 and, 2. That the Mayor and Common Clerk be authorized to sign all necessary documentation. 5.6 That as recommended by the City Manager in the submitted report M &C 2012 -008: Harbour Cleanup Lift Station 28 Stop Up and Close Portion of Ludlow Street: 1. That the Public Hearing for the consideration of the passing of a By -law to Stop Up and Close a 676 square metre t portion of a public street known as Ludlow Street, be set for Monday February 13, 2012 7:00 p.m. in the Council Chamber, and, 2. That Common Council orders the publishing of a notice of its intention to consider the passing of such By -Law pursuant to section 187(6)(b) of the Municipalities Act. 5.7 That as recommended by the City Manager in the submitted report M &C 2012 -007: Harbour Cleanup Lift Station 7a Stop up and Close Portion of King Street East: 1. That the Public Hearing for the consideration of the passing of a By -law to Stop Up and Close a 53 square metre ± portion of a public street known as King Street East, be set for Monday January 30, 2012 7:00 p.m. in the Council Chamber, and, 2. That Common Council orders the publishing of a notice of its intention to consider the passing of such By -Law pursuant to section 187(6)(b) of the Municipalities Act. 5.8 That as recommended by the City Manager in the submitted report M &C 2012 -010: Harbour Cleanup Lift Station #6 Municipal Operations Yard — Off Rothesay Ave PID 19224 that Common Council directs that Harbour Clean -Up SLS # 6 be constructed upon City land off Rothesay Avenue, as generally illustrated on the Crandall Engineering preliminary drawing Sheet # 2 of 15 dated December 19, 2011 and attached to M &C 2012- 010. 14 96- COMMON COUNCILICONSEIL COMMUNAL JANUARY 16, 20121LE 16 JANVIER 2012 5.9 That the report M &C 2012 -004: Public Information Session: Milford Road Sanitary Lift Station #32 and Tippett Drive Sanitary Lift Station #33 & Force Main Installation — Harbour Clean -Up Construction Project that be received for information. 5.10 That as recommended by the City Manager in the submitted report M &C 2012 -11: Masonry Repairs — Saint John City Market Tower the tender for the masonry repairs at the Saint John City Market Tower be awarded to the low bidder, Fundy Masonry Ltd., at the tendered amount of $45,500.00 plus a 20% contingency allowance, totaling $54,600.00 (excluding HST). 5.11 That the report entitled Replacement Packer Truck be received for information. On motion of Councillor McGuire Seconded by Councillor Sullivan RESOLVED that the recommendation set out for each consent agenda item respectively be adopted. Question being taken, the motion was carried 5. Questions soumises a I'approbation du conseil 5.1 Que la demande soumise par I'Administration portuaire de Saint John visant a se presenter devant le conseil soit transmise a la greffiere communale pour qu'elle fixe une date de presentation. 5.2 Que, comme le recommande le directeur general dans le rapport soumis intitule Mise a jour concernant le projet relatif a la gestion de !'information de Saint John, nonobstant la politique d'approvisionnement de la Ville relativement au recours a des services professionnels, la societe LNW Consulting continue a fournir des services de gestion des renseignements se rapportant aux projets dans le cadre du projet relatif a la gestion de ('information de Saint John comme cela est mentionne dans le rapport soumis, pour une somme n'excedant pas 100 000 $, et en outre que Stephanie Woods continue a fournir des services de gestion des renseignements se rapportant aux projets dans le cadre du projet relatif a la gestion de ('information de Saint John, pour une somme ne depassant pas 29 650 $. En outre, it est resolu que le maire et la greffiere communale soient autorises a signer les documents necessaires. 5.3 Que la lettre de Nancy Lawton concernant une taxe de congestion soit acceptee a titre informatif. 5.4 RtSOLU que, comme le recommande le directeur general dans le rapport soumis intitule WC 2012 -005: Station de relevement n° 7 dans le cadre du nettoyage du port — rue Union, pres de la route surelevee Courtenay Bay, le conseil communal ordonne que la construction de la station de relevement n° 7 se fasse sur le terrain municipal donnant sur la rue Union, comme le montre de maniere generale le dessin preliminaire n° 1080 -1 P -DOT realise par la societe Crandall Engineering et joint au rapport M/C 2012 -005. 5.5 Que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2012 -006: Nettoyage du port, Brunswick News Inc. — 210, rue Crown (NID n° 17426) : 1. The City of Saint John acquiere une emprise aux fins de services municipaux sur une parcelle d'une superficie d'environ 900 metres carres du bien -fonds portant le NID 00017426, Brunswick News Inc., pour la somme de 67 632 $, TVH en sus le cas echeant, conformement aux modalites enoncees dans le protocole d'entente jointe au rapport M/C 2012 -006; 2. le maire et la greffiere communale soient autorises a signer la documentation requise. 5.6 Que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2012 -008: Station de relevement n° 28 dans le cadre du nettoyage du port — fermeture et barrage de routes : trongon de la rue Ludlow: 1. ('audience publique, relative a I'adoption d'un arrete visant a fermer et a barrer une partie d'une rue publique d'une superficie approximative de 676 metres carres, connue sous le nom de rue Ludlow, soit tenue le lundi 13 fevrier 2012, a 19 h, dans la salle du 15 96- COMMON COUNCIL /CONSEIL COMMUNAL JANUARY 16, 20121LE 16 JANVIER 2012 conseil; 2_ le conseil communal autorise la publication d'un avis indiquant son intention d'adopter un tel arrete un tel arrete en vertu de I'alinea 187(6)b) de la Loi sur les municipalites. 5.7 Que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2012 -007: Station de relevement no 7 daps le cadre du nettoyage du port — fermeture et barrage de routes : trongon de la rue King Est: 1. I'audience publique, relative a I'adoption d'un arrete visant a fermer et a barrer une partie d'une rue publique d'une superficie approximative de 53 metres carres, connue sous le nom de rue King Est, soit tenue le lundi 30 janvier 2012, a 19 h, dans la salle du conseil; 2. le conseil communal autorise la publication d'un avis indiquant son intention d'adopter un tel arrete un tel arrete en vertu de I'alinsa 187(6)b) de la Loi sur les municipalites. 5.8 RESOLU que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2012 -010: Station de relevement no 6 dans le cadre du nettoyage du port — terrain des Services des operations municipales donnant sur 1'avenue Rothesay (N1D no 19224), le conseil communal ordonne que la construction de la station de relevement no 6 dans le cadre du nettoyage du port se fasse sur le terrain municipal situe A proximite de I'avenue Rothesay, comme le montre de maniere generale le dessin preliminaire (feuille 2 de 15) realise par la societe Crandall Engineering en date du 19 decembre 2011 et joint au rapport M/C 2012 -010. 5.9 Que le rapport intitule M/C 2012 -004 : Seance informative publique : installation de la conduite d`eau principale a la station de relevement no 32 du chemin Milford et a la station de relevement no 33 de la promenade Tippett -- projet de construction et de nettoyage du port soit accepte A titre informatif. 5.10 Que, comme le recommande le directeur general daps le rapport soumis intitule M/C 2012 -11 : Reparations en magonnerie — tour du marche municipal de The City of Saint John, le contrat relatif aux reparations en magonnerie — tour du marche municipal de The City of Saint John, soit accords au soumissionnaire le moins - disant, A savoir Fundy Masonry Ltd., au prix offert de 45 500 $, plus 20 % (fonds pour eventualites), donnant au total 54 600 $ (TVH en sus). 5.11 Que le rapport presents intitule Remplacement d'un carrion compacteur soit accepte A titre informatif_ Proposition du conseilier McGuire Appuyee par le conseiller Sullivan RESOLU que la recommandation formulse pour chacune des questions soumises a I'approbation du conseil soit adoptee. A Tissue du vote, la proposition est adoptee. 6. Members Comments Council members commented on various community events. 6. Commentaires presentes par les membres Les membres du conseil s'expriment sur diverses activitss communautaires. 7. Proclamation 7.1 Family Literacy Day The mayor proclaimed January 27th. 2012 as Family Literacy Day in the City of Saint John. 7. Proclamation 7.1 Journee de ('alphabetisation familiale Le maire declare le 27 janvier 2012 Journee de I'alphabetisation familiale dans The City of Saint John. 16 96- COMMON COUNCIL /CONSEIL COMMUNAL JANUARY 16, 20121LE 16 JANVIER 2012 8. Delegations /Presentations 8. Delegations et presentations 10. Consideration of By -laws 10.1 Third Reading— Business Improvement Levy By -Law On motion of Councillor Farren Seconded by Councillor Sullivan RESOLVED that the by -law entitled, "A Law to Amend By -Law Number BIA -2 Business Improvement Levy By- Law ", by applying a levy of 16 cents for each one hundred dollars of assessed value for 2012, be read. Question being taken, the motion was carried. The by -law entitled, "A Law to Amend By -Law Number BIA -2 Business Improvement Levy By- Law ", was read in its entirety. On motion of Councillor Farren Seconded by Councillor McGuire RESOLVED that the by -law entitled, "A Law to Amend By -Law Number BIA -2 Business Improvement Levy By- Law", by applying a levy of 16 cents for each one hundred dollars of assessed value for 2012, be read a third time, enacted, and the Corporate Common Seal affixed thereto. Question being taken, the motion was carried. Read a third time by title, the by -law entitled, "A Law to Amend By -Law Number BIA -2 Business Improvement Levy By- Law ". 10. Etude des arretes municipaux 10.1 Troisieme lecture de I'Arrete concernant la contribution pour I'am6lioration des affaires Proposition du conseiller Farren Appuyee par le conseiller Sullivan RESOLU que I'arret6 intitul6 « Arrete n° BIA -2 modifiant I'Arret6 concernant la contribution pour I'am6lioration des affaires », visant A imposer une contribution de 16 cents par tranche de cent dollars de la valeur imposable pour 2012, fasse ('objet d'une lecture. A I'issue du vote, la proposition est adoptee. L'arrete intitule « Arrete modifiant I'Arrete No BIA -2, Arrete concernant la contribution pour I'am6lioration des affaires » est lu int6gralement. Proposition du conseiller Farren Appuyee par le conseiller McGuire R�SOLU que I'arrete intitule « Arrete modifiant I'Arret6 No BIA -2, Arrete concernant la contribution pour I'am6lioration des affaires >>, visant A imposer une contribution de 16 cents par tranche de cent dollars de la valeur imposable pour 2012, fasse I'objet d'une troisieme lecture, qu'il soit 6dict6 et que le sceau communal y soit appose. A ('issue du vote, la proposition est adoptee. Troisieme lecture par titre de I'arret6 intitule « Arrete n° BIA -2 modifiant I'Arret6 concernant la contribution pour I'am6lioration des affaires ». (Deputy Mayor Chase withdrew from the meeting) 17 96- COMMON COUNCILICONSEIL COMMUNAL JANUARY 16, 20121LE 16 JANVIER 2012 10.2(a) PlanSJ Public Hearing Supplementary Report 10.2(b) First and Second Reading — Municipal Plan By -Law 10.2(c) Municipal Plan 10.2(d) Municipal Plan Adoption Response to Public Feedback Presentation The Common Clerk advised that the necessary advertising was completed with regard to the proposed Municipal Plan By -Law of The City of Saint John. Referring to a submitted report and presentation, Jacqueline Hamilton, Deputy Commissioner of Planning and Development, outlined the planning department's responses to the feedback that was received on the proposed new Municipal Plan. The City Solicitor stated that the Community Planning Act has established a mandatory process associated with the adoption of by -laws requiring a public hearing. He explained that a key feature of this process is that the opportunity provided to citizens to speak in favour of, or in objection to, the proposed by -law expires at the conclusion of the public hearing. He advised that any representations concerning the proposed by -law that may have been made to Council members subsequent to December 12`h, 2011 public hearing must not be considered, noting that the legitimacy of the process, and the effectiveness of the by -law, could be jeopardized. On motion of Councillor McGuire Seconded by Councillor Sullivan RESOLVED that the by -law entitled, "By -Law Number C.P. 106 Municipal Plan By -Law", is hereby adopted and that the submitted document entitled "City of Saint John Municipal Plan ", forms a part hereof as Schedule "A ", constituting the Municipal Plan, be read a first time. Question being taken, the motion was carried. Read a first time by title, the by -law entitled, "By -Law Number C.P 106 Municipal Plan By -Law." On motion of Councillor McGuire Seconded by Councillor Court RESOLVED that the proposed by -law entitled "Municipal Plan By -Law of The City of Saint John" be amended to incorporate amendments detailed in Attachment B of the submitted report entitled "PlanSJ Public Hearing Supplementary Report", to respond to input received during the Plan adoption process. Question being taken, the motion was carried. On motion of Councillor McGuire Seconded by Councillor Court RESOLVED that the by -law entitled, "By -Law Number C.P. 106 Municipal Plan By- Law ", is hereby adopted and that the submitted document entitled "City of Saint John Municipal Plan ", forms a part hereof as Schedule "A ", constituting the Municipal Plan, be read a second time. Question being taken, the motion was carried. Read a second time by title, the by -law entitled, "By -Law Number C.P. 106 Municipal Plan By- Law." On motion of Councillor McGuire Seconded by Councillor Court RESOLVED that the Planning Advisory Committee be requested to provide its written views upon the proposed by -law entitled "Municipal Plan By -Law of the City of Saint John ", as amended by Common Council at its open session meeting of January 16, 2012. Question being taken, the motion was carried. (Deputy Mayor Chase re- entered the meeting) (Le maire suppl6ant Chase quitte la seance.) in s6- COMMON COUNCIL /CONSEIL COMMUNAL JANUARY 16, 2012/LE 16 JANVIER 2012 10.2a) Audience publique concernant PlanSJ — rapport complementaire 10.2b) Premiere et deuxieme lecture de I'arrete intitule cc Arrete portant sur I'adoption d'un plan municipal » 10.2c) Plan municipal 10.2d) Presentation — reponse a la retroaction du public concernant I'adoption d'un plan municipal La greffi6re communale indique que les avis requis ont et6 publi6s relativement au projet d'Arret6 portant sur I'adoption d'un plan municipal de The City of Saint John. Faisant reference a une presentation et a un rapport ant6rieurs, Jacqueline Hamilton, commissaire adjointe au service Urbanisme et d6veloppement, presente les r6ponses fournies par son service a la suite des commentaires regus relativement au nouveau plan municipal propos6. L'avocat municipal declare qu'en vertu de la Loi surl'urbanisme, un processus obligatoire a 6te mis en place relativement a I'adoption des arret6s pour lesquels une audience publique doit avoir lieu. II explique que I'un des elements cl6s de ce processus veut que ('occasion qui soit offerte aux citoyens d'exprimer leur appui ou leur opposition quant a I'arrete propose prenne fin une fois I'audience publique terminee. II signale que toutes les recommandations relatives A I'arrete propose qui sont faites aux membres du Conseil apr6s I'audience publique du 12 decembre 2011 ne doivent pas titre prises en compte, car cela risquerait de compromettre la legitimite de ce processus et 1'effrcacite de I'arret6. Proposition du conseiller McGuire Appuyee par le conseiller Sullivan RESOLU que I'arrete intitule «Arrete n° C.P. 106 modifiant I'Arr6te portant sur I'adoption d'un plan municipal » soit par les pr6sentes adopte et que le document soumis intitule « Plan municipal de The City of Saint John », faisant partie de ('Annexe « A » qui constitue le plan municipal, fasse ('objet d'une premiere lecture. A ('issue du vote, la proposition est adoptee. Premiere lecture par titre de I'arret6 intitul6 «Arrete n° C.P. 106 modifiant I'Arret6 portant sur I'adoption d'un plan municipal ». Proposition du conseiller McGuire Appuyee par le conseiller Court RESOLU que I'arret6 propose intitule « Plan municipal de The City of Saint John » soit modifie afin d'inclure les modifications detaillees a I'Annexe B du rapport soumis intitul6 « Audience publique concernant PlanSJ — rapport complementaire », et ce, dans le but de repondre aux commentaires regus durant le processus d'adoption du plan. A ('issue du vote, la proposition est adoptee. Proposition du conseiller McGuire Appuyee par le conseiller Court RESOLU que I'arret6 intitul6 «Arrete n° C.P. 106 modifiant I'Arret6 portant sur I'adoption d'un plan municipal » soit par les pr6sentes adopte et que le document soumis intitul6 « Plan municipal de The City of Saint John », faisant partie de I'Annexe « A » et constituant le plan municipal, fasse ('objet d'une deuxieme lecture. A ('issue du vote, la proposition est adoptee. Deuxieme lecture par titre de I'arret6 intitule « Arrete n° C.P 106 modifiant I'Arrete portant sur I'adoption d'un plan municipal ». Proposition du conseiller McGuire Appuyee par le conseiller Court R�SOLU que le Comite consultatif d'urbanisme donne son opinion par 6crit relativement 6 I'arret6 propos6 intitul6 « Arrete portant sur I'adoption d'un plan municipal de The City of Saint John », tel qu'il a 6te modifie par le Conseil communal lors de sa reunion publique du 16 janvier 2012. A ('issue du vote, la proposition est adoptee. (Le maire suppl6ant Chase est de nouveau present a la seance.) 19 96- COMMON COUNCIL /CONSEIL COMMUNAL JANUARY 16, 2012/LE 16 JANVIER 2012 11. Submissions by Council Members 11.1 Milford Paris (Councillor Norton) On motion of Councillor Norton Seconded by Councillor McGuire RESOLVED that Council directs the City Manager to allocate the sum of $10,000.00 from the general fund to the re- development of Milford Park coincident with a donation of an equal amount to the City of Saint John from Emera Brunswick Pipeline. Question being taken, the motion was carried. 11. Interventions des membres du conseil 11.1 Parc Milford (conseiller Norton) Proposition du conseiller Norton Appuyee par le conseiller McGuire RESOLU que le conseil ordonne au directeur general d'allouer, depuis le fonds d'administration, la somme de 10 000 $ pour le reamenagement du pars Milford conformement au don du meme montant fait par Emera Brunswick Pipeline a The City of Saint John. A Tissue du vote, la proposition est adoptee. 11.2 Affordable Housing Projects in Saint John (Councillor McGuire) On motion of Councillor McGuire Seconded by Councillor Norton RESOLVED that the City Manager be directed to contact the Minister of Social Development with respect to receiving data regarding the actual number of approved affordable housing units coming to Saint John during 2012, and report back to Council. Question being taken, the motion was carried. 11.2 Projets relatifs a I'amenagement de logements abordables a Saint John (conseiller McGuire) Proposition du conseiller McGuire Appuyee par le conseiller Norton RESOLU que le directeur general soit charge de prendre contact avec le ministre du Developpement social afin d'obtenir des donnees sur le nombre actuel de logements abordables approuves qui seront construits a Saint John en 2012 et qu'il presente un rapport au conseil. A Tissue du vote, la proposition est adoptee. (Councillor Sullivan withdrew from the meeting) 11.3 DEC Position Decision with Respect to Morna Heights School (Councillor McGuire) On motion of Councillor McGuire Seconded by Councillor Norton RESOLVED that the Common Clerk draft a letter for the Mayor's signature thanking the members of the District Education Council, the River Road Community Alliance and the Minister of Education for ensuring that the Moma Heights School remains open. Question being taken, the motion was carried. (Councillor Sullivan re- entered the meeting) (Le conseiller Sullivan quitte la seance.) 20 96- COMMON COUNCIL /CONSEIL COMMUNAL JANUARY 16, 2012/LE 16 JANVIER 2012 11.3 Decision du Conseil d'education de district (CED) quanta sa position en ce qui concerne 1'ecole Morna Heights (conseiller McGuire) Proposition du conseiller McGuire Appuyee par le conseiller Norton RESOLU que la greffiere communale redige une lettre devant etre signee par le maire dans le but de remercier les membres du Conseil d'education de district, la River Road Community Alliance Inc. et le ministre de 1'Education des efforts qu'ils deploient pour s'assurer que 1'Ecole Moma Heights reste ouverte. A Tissue du vote, la proposition est adoptee. (Le conseiller Sullivan se joint de nouveau A la reunion.) 12. Business Matters —Municipal Officers 12.1 Common Clerk: Request of Premier Alward to Resume Legislative Assembly Session On motion of Councillor Sullivan Seconded by Councillor McGuire RESOLVED that the letter entitled Request of Premier Alward to Resume Legislative Assembly Session be received for information. Question being taken, the motion was carried. 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.1 Greffiere communale : demande du premier ministre Alward concernant la reprise de la session de I'Assemblee legislative Proposition du conseiller Sullivan Appuyee par le conseiller McGuire Resolu que la lettre intitulee Demande du premier ministre Alward concernant la reprise de la session de IAssemblee legislative soit acceptee a titre informatif. A Tissue du vote, la proposition est adoptee. 12.2 City Solicitor: Overnight Winter Parking Restriction Amendment to the Traffic By -Law Douglas Avenue /Brunswick Place Consideration was given to a submitted report from the City Solicitor entitled, "Overnight Winter Parking Restriction Amendment to the Traffic By -Law Douglas Avenue / Brunswick Place ". On motion of Councillor Sullivan Seconded by Councillor McGuire RESOLVED that the by -law entitled, "A By -Law to Amend a By -Law Respecting Traffic on Streets in The City of Saint John made under the Authority of the Motor Vehicle Act, 1973, and amendments thereto ", amending Schedule "B" and Schedule "R ", be read a first time. Question being taken, the motion was carried. Read a first time by title, the by -law entitled, "A By -Law to Amend a By -Law Respecting Traffic on Streets in The City of Saint John made under the Authority of the Motor Vehicle Act, 1973, and amendments thereto." On motion of Councillor Sullivan Seconded by Councillor McGuire RESOLVED that the by -law entitled, "A By -Law to Amend a By -Law Respecting Traffic on Streets in The City of Saint John made under the Authority of the Motor Vehicle Act, 1973, and amendments thereto ", amending Schedule "B" and Schedule "R ", be read a second time. Question being taken, the motion was carried. 21 96- COMMON COUNCIL/CONSEIL COMMUNAL JANUARY 16, 20121LE 16 JANVIER 2012 Read a second time by title, the by -law entitled, "A By -Law to Amend a By -Law Respecting Traffic on Streets in The City of Saint John made under the Authority of the Motor Vehicle Act, 1973, and amendments thereto." 12.2 Avocat municipal: modification de I'Arrete relatif a la circulation dans le cadre des restrictions relatives au stationnement sur rue en hiver la nuit (avenue Douglas/place Brunswick) On examine un rapport presente par I'avocat municipal intitule « Modification de IArrete relatif a la circulation dans le cadre des restrictions relatives au stationnement Sur rue en hiver la suit (avenue Douglas/place Brunswick) ». Proposition du conseiller Sullivan Appuyee par le conseiller McGuire RESOLU que I'arrete intitule « Arrete modifiant I'Arrete relatif a la circulation dans les rues de The City of Saint John edicte en vertu de la Loi sur les vehicules a moteur (1973) et modifications afferentes », modifiant I'annexe B et I'annexe R, fasse ('objet d'une premiere lecture. A Tissue du vote, la proposition est adoptee. Premiere lecture par titre de I'arnM6 intitule « Arrete modifiant I'Arrete relatif A la circulation dans les rues de The City of Saint John edicte en vertu de la Loi sur les vehicules a moteur (1973) et modifications afferentes ». Proposition du conseiller Sullivan Appuyee par le conseiller McGuire RESOLU que I'arrete intitule « Arrete modifiant I'Arrete relatif a la circulation dans les rues de The City of Saint John edicte en vertu de la Loi sur les vehicules a moteur (1973) et modifications afferentes », modifiant I'annexe B et I'annexe R, fasse l'objet d'une deuxieme lecture. A ('issue du vote, la proposition est adoptee. Deuxieme lecture par titre de I'arrete intitule « Arrete modifiant I'Arrete relatif A la circulation dans les rues de The City of Saint John edicte en vertu de la Loi sur les vehicules a moteur (1973) et modifications afferentes ». 12.3 City Manager: Traffic Line Painting Truck On motion of Deputy Mayor Chase Seconded by Councillor Court RESOLVED the report entitled M &C; 2012 -013: Traffic Line Painting Truck be tabled and the City Manager be directed to investigate whether the neighbouring municipalities would be interested in cost - sharing the traffic line painting truck; and further, that the cost of contracting out the service also be investigated. Question being taken, the motion was carried. 12.3 Directeur general : camion de signalisation pour le tragage des lignes Proposition du maire suppleant Chase Appuyee par le conseiller Court RESOLU que le rapport intitule M/C 2012 -013: Camion de signalisation pour le tragage des lignes soit depose et que le directeur general soit charge d'enqueter sur I'interet que les municipalites environnantes porteraient A partager les couts relatifs au camion de signalisation pour le tragage des lignes; et que le cout de I'impartition du service fasse egalement ('objet d'une enquete. A ('issue du vote, la proposition est adoptee. 22 96- COMMON COUNCILICONSEIL COMMUNAL JANUARY 16, 20121LE 16 JANVIER 2012 13. Committee Reports 13.1 Committee of the Whole: Service Agreement with Cision Canada Inc. Outstanding Balance for Services Rendered On motion of Councillor Court Seconded by Councillor Sullivan RESOLVED that as recommended by the Committee of the Whole, having met on January 16, 2012, the City pay to Cision Canada Inc. an amount of $40,000.00, inclusive of HST, for services rendered. Question being taken, the motion was carried with Councillor Higgins voting nay. 13. Rapports deposes par les comites 13.1 Comite plenier : convention de services signee avec Cision Canada Inc. - solde impaye pour services rendus Proposition du conseiller Court Appuyee par le conseiller Sullivan RESOLU que, comme le recommande le comite plenier qui s'est r6uni le 16 janvier 2012, la Ville verse a Cision Canada Inc. la somme de 40 000 $, TVH incluse, pour services rendus. A I'issue du vote, la proposition est adoptee. La conseillere Higgins vote contre la proposition. 13.2 Committee of the Whole: Pension Reform Fees for Period Ended November 30, 2011 On motion of Councillor Court Seconded by Councillor Norton RESOLVED that as recommended by the Committee of the Whole, having met on January 16, 2012, the payment of the outstanding fees for AON Hewitt for the period up to and including November 30, 2011 in the amount of $141,100 plus HST incurred for the provision of actuarial services with respect to developing a long -term solution to the pension plan funding issue be approved. Question being taken, the motion was carried with Councillors Farren and Higgins voting nay. 13.2 Comite plenier : Frais relatifs a la reforme du regime de retraite pour la periode se terminant le 30 novembre 2011 Proposition du conseiller Court Appuy6e par le conseiller Norton RESOLU que, comme le recommande le comite plenier qui s'est reuni le 16 janvier 2012, le versement des frais dus a AON Hewitt, soit un montant s'elevant a 141 100 $, TVH en sus, pour la periode allant jusqu'au 30 novembre 2011 (inclus), relativement aux services d'actuariat visant I'elaboration d'une solution a long terme au probleme de financement du regime de retraite soit approvve. A I'issue du vote, la proposition est acceptee. Le conseiller Farren et la conseillere Higgins votent contre la proposition. 14. Consideration of Issues Separated from Consent Agenda 14. Etude des sujets ecartes des questions soumises a I'approbation du conseil 15. General Correspondence 15. Correspondance generale 23 96- COMMON COUNCIL /CONSEIL COMMUNAL JANUARY 16, 20121LE 16 JANVIER 2012 16. Adjournment The Mayor declared the meeting adjourned at 9:15 p.m. 16. Levee de la seance Le maire declare que la seance est levee a 21 h 15. Mayor / maire Common Clerk / greffiere communale 24 February 8, 2012 The Common Council of Saint John Your Worship and Councillors. From the January 3, 2012 Council meeting, I learned that Council is attempting to suspend the indexation benefits of the retirees rather than eliminate them. To say that indexation benefits will be suspended and not eliminated is in these circumstances a distinction without a difference. These are individual people being affected, and ordinary common sense lets us see that it will be a long time before anything happens to lift the suspension. For many current retirees including spouses, time and natural causes will ensure that the benefits taken away now will never be restored to the individuals affected. Another thing I have noticed is that during discussion on the proposed Pension reforms, Council is saying that the legislature is faced with a decision of "all or nothing." I fail to see why there are no other variables and that the removal of indexation of current retirees is vital to the successful outcome of the needed Pension reforms. Not to down play the dire financial consequences facing the City, nor the sincerity on the part of all members of Council to deal with a serious problem, I have to tell you that I disagree with the public policy of meddling with pension benefits of current retirees. It is disturbing and unconscionable for reasons I will try to make clear in the following manner. There is a wide difference between good or bad government public policy arrived at through the discretionary judgment of elected officials and a public policy that involves ignoring your legal obligations under present law by changing the law. It is obvious to many citizens that much of the City's financial woes have come about through Council's ov"n imprudent public policy decisions. A large number of citizens as well as the local news media tried everything short of a revolt to make Council see with more sober thought, the wrong attitude of "damn the torpedoes full steam ahead." for a new police station and an oversized public transit building. Then there was the controversial public policy and the weak or no negotiations and no public debate surrounding the approval by a previous Council in 2005 of a tax concession to a large Oil Company. In March 2005 I wrote to Council and said: "The tax concession is a step backward... and a tax concession written into a formal contract with supporting provincial legislation for twenty -five years constitutes a generation" of time. And in May 2005 I wrote on the tax concession again and said: "It is difficult to understand why Council would ignore Councillor's Court's attempt to have the City Manager report to Council." In the same letter I said: "It is an insult and degrading to those statutory positions (City Manager, City Solicitor, and Commissioner of Finance) that the Mayor would ignore the highest appointed officials and turn to Enterprise Saint John for guidance and input on such an important public policy matter." 25 I am not taking up time unnecessarily with this enumeration, far from complete. I am trying to make a point. An emerging pattern to Council's action over a long time, makes it very difficult to be sympathetic to Council's financial plight, and it does not give me the confidence and faith needed to get behind a public policy that is designed to take away vested benefits from any and all former employees who are legally eligible for indexation under the Pension Act. And while Council may believe there is only power politics behind the enactment of laws, the provincial elected officials should not "come out of their shell on the issue" and it is wrong to persuade and expect provincial elected officials to come forward with their final judgment on matters pending before the legislature. Private Pension Plans in legislation is no less a law than any other statutory enactment by the province. Also, the fear mongering by reference to bankruptcy shows no respect for Saint John as a Charter Corporation and the oldest incorporated City in Canada. There is something disrespectful to the long and deep history of the City about alluding to bankruptcy. The mention of bankruptcy has a negativity that is intimidating and creates an unnecessary anxiety. It is another form of bullying without any regard for the objectivity and integrity that goes into or should go into the enactment of the laws of the province following proper debate and a due process by the legislature based on procedural rules. In using the vested benefits of retirees for the purpose of carrying out needed Pension reforms, Council is caught up in the half truth that the end justifies the means. There is a difference between individual rights in relation to the common good, and the taking away of someone's property. That is why governments in our Western democracies when using their supreme power to take away people's property always place expropriation and compensation together. In this case, it seems that Council is ignoring this basic principle as well as other factors. For example, when elected officials are serving on other Boards or Commissions for the City, it normally is without any fiduciary obligations to beneficiaries. With respect to the members of Council who are also members of the Saint John Pension Board, the legislation has created fiduciary obligations towards the members of the Pension Plan including the retirees. Thus the question: Has there been any consideration given to where the greater fiduciary obligation of these elected officials lie, is it specifically with individual retirees and their vested rights, or is it in a more general sense with the ratepayers? I do not believe that the legislature in designating elected officials as trustees to the Pension Board intended in any way to fetter their fiduciary obligations to the beneficiaries. Where is the respect for the legal separation between the Pension Board and the Council? Certainly the separation exists every time the Ferguson legal action comes up for discussion. 26 Furthermore, there should be no conflict about fiduciary obligations on the part of the individual non elective members of the Board, and considering the recent media news reports of bullying among the Councillors, I am suspicious about the solidarity behind the silence of the Pension Board over the matter of the Pension reforms as they relate to retirees. I say this because in 2009 a letter was sent to the Pension Plan members from the Saint John Board of Pension Trustees. That letter mentioned the fact that talks were taking place about changes to the Plan and that "some of the changes presented to Common Council would affect the accrued rights (benefits already earned) of retirees and active members of the plan. One example of such a proposed change is a reduction in the annual indexing..." The letter goes on to state, among other things, that "From the Trustees' perspective, a reduction in accrued benefits (already earned) would be an unacceptable interference in the vested rights of the retirees and the beneficiaries. Any such reduction in accrued benefits will be vigorously opposed by the Trustees." I know of no reason to believe that the fiduciary relationship of the Pension Trustees to the retirees has disappeared or gone out of existence in the last couple of years. Therefore, I am wondering who made the presentation to the Council more than two years ago regarding the "interference with or reduction of vested benefits... ?" Obviously it was not the Board of Trustees. Was it a provincial representative testing the waters surrounding the retirees? Why the silence now? What has happened to that promise from the Trustees to vigorously oppose the interference with the vested benefits of the retirees? In 2011 Mr. Justice Grant in Quinn v. New Brunswick (Minister of Finance) clearly established that indexation contained in a Pension Plan is an ancillary benefit to the basic Pension and becomes a vested right upon the retirement of the employee or member of the Plan. The Grant judgment also said in dealing with retirees, that "It is important, in my opinion, to keep in mind that the primary purpose of COLA is to protect from inflation because of their vulnerable circumstances arising from the fact that upon retirement their income is otherwise fixed and they are no longer able to bargain better remuneration to counteract inflation." So if the vested rights of the City retirees have not come into existence upon retirement, then there are no vested rights for retirees. This is contrary to Mr. Justice Grant's comment that "vesting is the cornerstone of Pension law." It therefore follows that with or without legislation, I believe, the benefits of the City retirees mature and become vested upon retirement and the vulnerability is no less for the retirees of the City merely because the benefits are contained in legislation. 27 It seems unfair, on the one hand, that a Plan outside of legislation provides protection to retirees as determined by Mr. Justice Grant when he said that "once the triggering event occurs and COLA has vested it's untouchable by virtue of both the Plan and the common law." And on the other hand, a Plan in legislation coming under the supremacy of the legislature, allows the City to expose the City retirees to an all powerful government and leaves the door wide open for government to try to do all sorts of things to the pensions of retirees. Call it what you will, the simple fact of the matter is that Council has started a process that could through the supremacy of the legislature lead to the taking away of retirees' property without compensation. It is true that the Quinn case in law might not stop the amendments to the City's Pension Act, but as it relates to the retirees and in the interest of justice it should serve as a guide to Council's action. It is interesting to note what a Court can say when faced with government power and action and an unfair situation. In the 1978 Manitoba Fisheries case the Supreme Court of Canada found that expropriated property does not apply exclusively to land. In that case the intangible property of "good will" was considered to be property. During leave to appeal, one of the Justices fired a question at the Crown lawyer and asked: "if a private individual had done this, would we not have called it theft? Yours truly, Frank Rodgers (source verified) Health /Saute Ne A Nouveau B rva unswick C A N A D A January 11, 2012 Organ Donation Program 400 University Avenue Saint John, NB E2L 31_6 Dear Mayor and Council, We are the Organ Donation Resource Nurses for this area and one aspect of our job is to promote Organ and Tissue Donation Awareness. We were recently made aware of a very successful initiative in Nova Scotia called the Green Light Porch Campaign. During National Organ and Tissue Awareness Week the group gave out green light bulbs and encouraged people to buy their own to put a green light outside their door in recognition of the green ribbon depicting Organ and Tissue Donation. This year National Organ and Tissue Donation Awareness Week falls from April 22nd —April 28th and we would like to invite you to participate in a challenge. With your help we can make people aware of the need to support Organ and Tissue Donation. In Canada there are over 4100 people waiting for a life saving organ; in New Brunswick at any time there are over 200 people in need of this gift. We have people within the City of Saint John who have had family members be donors and we have people in our community who are recipients now able to live a productive and healthy life because of someone's generosity. We are requesting an opportunity at an upcoming meeting to come and speak to you about some ways we could spread awareness in our community. Thank you for your consideration. We look forward to hearing from you. M Yours sincerely, Betty -Anne Waugh RN Sue Arsenault RN www.gnb.ca 5.5 M 9q z January 10, 2012 Mayor Court and Councilors x City of Saint John O � Re: Congestion Levy/Fee i- Your Worship and members of Council: z We are interested in the discussion that continues on the idea of establishing some form of levy or fee on those who live outside of the City of Saint John but frequently drive into Saint John to work or enjoy many of the benefits Saint John has to offer. The adoption of a levy on those who frequently visit the City from adjacent communities has negative connotations and likely negative consequences for the City. Saint John does W not have congestion like some Iarger cities that have implemented congestion fees to W reduce traffic in urban centers. Saint John like any city has issues with respect to parking, transit, pedestrian routes and F- likely other issues that haven't been raised yet. Uptown businesses and property owners are concerned with the suggestion of a levy or fee imposed on commuters. We understand that there is significant frustration with respect to other issues that impact the City's L7 ability to have a balanced budget. As a significant stakeholder we would like to be part of the discussion and provide input on addressing some of these issues. The direction that the Plansj process is recommending will, if followed, greatly assist in the long term ability of the City to meet its fiscal objectives. Densification of development in the urban core will assist in making a variety of services work, for example — public transit. a We need the people who travel into the city regularly to support the businesses that pay the landlords who pay the property taxes — the City's primary source of revenue. While we feel that the bedroom communities surrounding Saint John should share some of the costs of major infrastructure on an equitable basis, we do not want to alienate these commuters to the point that they will not enter the city. We look forward to continued discussion on the opportunities that will help to grow our tax base and in turn revenues to Q City coffers. Sincerely, a lexander President E N T 506.633.9797 F. 506.652.3525 www.uptownsj.com 30 Saint John ABILITY ADVISORY COMMITTEE P.Q. Box 1411, Saint John, N.B. Ell 411 February 2, 2012 City of Saint John 15 Market Square P. O. Box 1971 Saint John, NB E21- 41-1 COMMON CLERK'S OFFICE FEB 0 8 1012 CITY OF SAINT JOHN Attention: Your Worship, Mayor Ivan Court and Council Members Re: Transportation Your Worship, The Saint John Advisory Council has been receiving serious concerns and complaints regarding our City's transit system from persons with disabilities since 2010. These have been brought to Mr. Fred McCarey's attention at Saint John Transit through our City liaison Barry Freeze. We have been keeping a timeline of written complaints and responses since this time. At our last committee meeting consensus was reached that these complaints have not been seriously and positively addressed. These concerns are serious in nature and the failure to address these concerns in a timely fashion are leading persons with disabilities to take a recourse they would prefer not to take, but if the need arises will do so. In the past year and a half the concerns and complaints have grown, our committee member Wanda Berrette has surveyed the Deaf and has correlated a list of issues; Jeff Sparks has gathered emails from wheelchair users with issues regarding the Handibus; Gerry Harris and CNIB have issues with bus and also bus stops. Some of the issues include: harassment and disrespect from drivers leaving riders feeling discriminated, violated and embarrassed; disregard resulting in safety issues; scheduling discrepancies with bus schedules resulting with PWD missing appointments, late for work; orientation of bus parking /stopping leading in safety issues; snow removal at bus stops again leading to safety issues. Most of our clients rely on public transportation and we would like to work towards a satisfactory conclusion for all concerned. The SJAAC will make arrangements to work with council, the transit committees, managers and employees to see this reconciliation in the near future. Sincerely, C- LCG��c �a�-e, O'CL�C,�r�Le�hJ Catherine Patterson Chairperson SJAAC 31 RETORT TO COMMON COUNCI" M & C — 2012 -26 February 9, 2012 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Land Acquisition - 411 Rothesay Avenue Portion of PID 55145049 BACKGROUND: City of Saint john In 2004 The City of Saint John purchased a number of slivers of land along Rothesay Avenue to enable Phase 11 of the Rothesay Avenue reconstruction project. On 07 June 2004 Common Council adopted the following resolutions: 1. That The City of Saint John acquire the fee simple interest in a 19 fm2 portion of PID 55145049 from Keary Coyle Holdings Ltd. at a unit rate of $50.00 per square meter (+ HST if necessary), as generally shown on the submitted sketch; and 2. the City shall reimburse Keary Coyle Holdings Ltd. to a maximum of $350.00 (inclusive of HST) the legal fees required to finalize this transaction; and 3. the City shall pay for and prepare any plan of survey necessary to facilitate this transfer; and 4. the Mayor and Common Clerk are authorized to sign any document required to finalize this transfer. The City widened Rothesay Avenue in 2004 and took the land required to do so from PID 55145049. It was discovered in 2011 that the land acquisition by the City had not been completed. Staff have, subject to Common Council's approval, negotiated an agreement at current land values with Coyle Real Estate Holdings Inc. ( the current owner of this land) on the terms and conditions laid out in the Agreement of Purchase and Sale document attached to this report. 32 Report to Common Council February 9, 2012 Page 2 The purpose of this report is to secure Council's support to acquire the necessary land at 411 Rothesay Avenue, occupied by a City sidewalk and landscaped buffer area. RECOMMENDATION: A) That Common Council rescind the following resolutions adopted at its meeting of 07 June 2004: 1. That The City of Saint John acquire the fee simple interest in a 19 ±mz portion of PID 55145049 from Keary Coyle Holdings Ltd. at a unit rate of $50.00 per square meter (+ HST if necessary), as generally shown on the submitted sketch; and 2. the City shall reimburse Keary Coyle Holdings Ltd. to a maximum of $350.00 (inclusive of HST) the legal fees required to finalize this transaction; and 3. the City shall pay for and prepare any plan of survey necessary to facilitate this transfer; and 4. the Mayor and Common Clerk are authorized to sign any document required to finalize this transfer. and, B) That Common Council resolve: 1. To enter into the Agreement of Purchase and Sale between the City and Coyle Real Estate Holdings Inc. attached to M &C 2012 -26, on the terms and conditions set out in the said Agreement of Purchase and Sale, and, 2. That the City pay for all administrative fees charged to Coyle Real Estate Holdings Inc. by its financial institutions to produce the necessary discharges, and for all registration and other fees necessary to complete the transaction; and 3. That the Mayor and Common Clerk be authorized to sign all required documentation. Respectfully submitted, Ken Forrest, MCIP, RPP Commissioner Planning and Development Attachments PWw,.p 33 J. Patrick Woods, CGA City Manager / y4nad'Oed /Prsh A' Description of Plan: Area of 411 Rothesay Avenue N PID: 55145049 A d PAN: 05054842 r Land Occupied by City Street Date: 09 February, 2012 34 AGREEMENT OF PURCHASE AND SALE The Purchaser agrees to purchase from the Vendor and the Vendor agrees to sell to the Purchaser the freehold interest in a portion the Vendor's Lands RID # 55145049 as hereinafter set out upon the following terms and conditions: Vendor: COYLE REAL ESTATE HOLDINGS INC. 410 Rothesay Ave., Saint John, NB E2J 2C4 Attention: Keary Coyle Purchaser: THE CITY OF SAINT JOHN P.O. Box 1971, 15 Market Square, Saint John, NB Attention: Common Clerk Real Property: Portion of PID #55145449 .D FEB 0 Z 2J 12 Comprising 19 sq.m. +/- Designated as Rothesay Avenue (Public Street) 19m2 on a Hughes Surveys & Consultants Inc. Tentative Subdivision Plan number 504088 P4 dated Apr. 30, 2004. (Photo - reduced copy of said plan attached hereto) Purchase Price: $1,900.00 + HST if applicable, payable as follows: Deposit: $1,000.00 payable upon adoption of Common Council Resolution Balance: $900.00 on Closing Closing Date: On or before April 30, 2012. 1. The Vendor shall convey to the Purchaser the unencumbered freehold title in the Real Property. 2. The Purchaser may examine the title to the Real Property at its own expense until closing. If within that time any valid objection to the title to the Real Property Is made In writing by the Purchaser to the Vendor which the Vendor shall be unable or unwilling to remove within thirty (30) days of notification of such objection or objections and which the Purchaser will not waive, this agreement shall, notwithstanding any intermediate acts or negotiations in respect of such objections, be null and void and any deposit shalt be returned by the Vendor without interest and the Vendor shall not be liable for any costs or damages. Save as to any valid objection so made within such time, the Purchaser shall be conclusively deemed to have accepted the title of the Vendor to the Real Property. 3. (i) The Purchaser shall prepare at its cost any Plan of Survey required to effect the conveyance herein contemplated; and (ii) The Purchaser shall pay for registration & filing fees at SNB, if applicable, for the plan, and the 1 35 Agreement of Purchase and Sale Coyle Real estate Holdings Inc and The City of Saint John Transfer; and (ill) The Purchaser shall reimburse the Vendor up to $500.00 for legal fees expended by the Vendor to finalize this conveyance. 4. The Vendor shall at its expense terminate all leases /occupancies with respect to the Real Property such that the Real Property will be vacant on Closing. 5. If the Purchaser defaults In the closing of the sale under the terms of this Agreement, any money pald hereunto shall be forfeited to the Vendor by way of liquidated damages and the Vendor shall have no further recourse. 6. This offer shall be Irrevocable by the Vendor until 4;00 P.M. local time on 29 February, 2012 and upon acceptance by the Purchaser shall constitute an Agreement of Purchase and Sale binding upon the parties hereto. 7. This offer when accepted shall be read with all changes of gender or number required by the context shall be binding upon the parties hereto, their respective heirs, executors, administrators, and assigns, and time shall in all respects be of the essence hereof. In witness whereof the Vendor has caused these presents to be executed and Its corporate seal to be affixed this day of S-AtQ • , 2012, COYLE REAL TE }fOLD i INC. Perms And the Purchaser has caused these presents to be executed this day of .2012. THE CITY Or SAINT JOHN Mayor Common Clerk Common Council Resolution; 2 36 lot � RRRRRAAARlARAX wnw�n�nww�wnnnw MONDE!! r r • r� 1 �� i � f � !� �� 01 � E wnwwawwwwanryryN r ii I 5 , OK KV 9 mml ��� � ow oil pill �.. Hiii F'# 37 REPORT TO COMMON COUNCIL M & C — 2012 -25 10 February 2012 His Worship Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Medium Voltage Motor Control Centre — Musquash Water Pumping Station BACKGROUND: r As Common Council is already aware, equipment at the Musquash Water Pumping Station was severely damaged by an electrical fault and associated electrical fire on August 1, 2011. The Musquash Pumping Station is a critical component of the West Industrial Water System which pumps water from Musquash to Spruce Lake. The majority of this water volume is consumed by Irving Pulp & Paper and the NB Power Generating Station at Coleson Cove. On October 24, 2011, in M &C 2011 -273, Common Council approved a recommendation to: 111. Give early approval to the Musquash Pumping Station repair project as outlined in this report in the amount of $450, 000 (as included in the proposed 2012 Water and Sewerage Utility Fund Capital Program) and authorize staff to proceed with the tendering process for repairs " The replacement of the Medium Voltage Motor Control Centre and associated breaker is pursuant to that resolution. ANALYSIS: An RFP, to solicit proposals from the marketplace for suitable equipment, was issued on December 23, 2011 and closed on January 12, 2012. Seven (7) vendors chose to respond by submitting offers: Harris & Roome Eddy Group L &B Electric Wesco Distribution Source Atlantic Nedco Atlantic Liteco Saint John, NB Saint John, NB Bridgewater, NS Moncton, NB Saint John, NB Saint John, NB Saint John, NB W M & C — 2012 -25 PAGE 2 ANALYSIS .... CONT'D: A proposal evaluation committee, consisting of representatives from Saint John Water, the City's consultant (AMEC Americas), and Materials Management reviewed each submission against the following evaluation criteria: Quality and Completeness of Submission Technical Performance and Specifications Delivery Timelines Warranty Cost Upon completion of the proposal review, the evaluation committee ranked the proposal from Wesco Distribution highest, as it demonstrated that its solution represents the best value to the City of Saint John. In addition, while not the lowest -cost solution, staff unanimously believes it represents the superior technical approach to the resolution of the Motor Control issue at the Musquash Water Pumping Station. FINANCIAL CONSIDERATIONS: The total cost for Wesco Distribution to supply their product as detailed in the specifications if awarded as recommended will be $205,945 plus tax. The funds for this expenditure have been pre- approved from the 2012 Saint John Water and Sewerage Utility Fund Capital Program by resolution of Council on October 24, 2011 in M &C 2011 -273. RECOMMENDATION: It is recommended that the proposal from Wesco Distribution for the supply of one (1) Medium - Voltage Motor Control Centre and associated breaker at a cost of $205,945 plus tax be accepted. Respectfully submitted, Cindy Calvin Gregory Yeomans Acting Manager - Materials Management Commissioner of Finance Patrick Woods City Manager 39 IREIPO .T TO COMMON COUNCIL M &C 2012 -28 February 13, 2012 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council, SUBJECT: Saint John Water — 2011 Annual Water Report BACKGROUND The City of Saint john Municipalities in New Brunswick operate public drinking water systems under conditions set out in certificates of Approval to Operate drinking water treatment and distribution facilities. Developed by the Department of the Environment (DENY), in collaboration with the Department of Health, these formal approvals set out standards for water treatment facilities, distribution systems and operators that strive to assure safe drinking water. The City of Saint John (as the Approval Holder) provides drinking water services to the public under authority of Approval to Operate W -669: Drinking Water Treatment and Distribution Facilities. This Approval to Operate was issued by the New Brunswick Minister of the Environment effective April 1, 2011, and supersedes Approval W -254 which expired March 31, 2011. The City's current certificate is valid for a 5 -year period from April 1, 2011 to March 31, 2016. The certificate of Approval to Operate is a regulatory tool designed around the multi- barrier philosophy. All municipal water systems in New Brunswick are required to abide by the various conditions set out in Approvals to Operate drinking water treatment and distribution facilities. The standards set through the various conditions strive to ensure safe and reliable drinking water for all users. Saint John Water fully endorses the philosophy behind the need for strict regulation of systems supplying such a vital service. Protective Barriers People must have water to live; good health depends on consuming adequate quantities of safe, clean drinking water. That water must be delivered, at the best cost possible, to Saint John homes, institutions and businesses in a state that is clear, colourless, odourless and free of disease- causing micro - organisms (pathogens) or harmful chemicals. W M &C2012 -28 February 13, 2012 Page 2 The Drinking Water Service is a public service that provides drinking water to the community and is vital to the economic vitality of the region. This service includes the supply of water, treatment, testing, transmission and distribution, administration of the service, and billing and collections. Saint John Water manages its drinking water service based on the Multi- Barrier Approach from the water source to the user's tap. Drinking water quality must be assured through a series of protective barriers: 1. Source (Watershed) Protection 2. Drinking Water Treatment 3. Operations and Maintenance (including staff training, development and staff levels) 4. Monitoring and Alarms (Sampling Plan, SCADA system, and record keeping) 5. Distribution System (residual chlorine, total coliform, E. coli, flushing, storage reservoirs, backflow prevention and cross connection control) b. Emergency Response (contingency plans, boil order responses, safety training, etc) These barriers are designed to assist in ensuring the delivery of safe drinking water by preventing contamination (from source to tap) from reaching consumers. Annual Report Condition 36 of the certificate requires submission of an Annual Report to the Department of the Environment no later than March 1 of the following year. The report provides pertinent technical and operating information to the regulator on the City's water systems: y Monitoring results (daily /weekly /monthly data such as free chlorine residual, turbidity, pH, temperature, iron, manganese, etc.) y Monthly water production �► Operational highlights (significant incidents and system improvements, changes, or additions); y Alarm log (major alarms — the balance to be discussed during the ACE) Summary of backflow prevention and cross - connection activities; Summary of flushing activities; Operator information (training, certifications, and staffing changes); Public relations (notifications & public education) List of major new extensions and/or renewals complete with analytical results (microbiological, organic& inorganic) and the balance to be discussed during the ACE Additional comments The Annual Report is also in keeping with one of the seven commitments of the Corporate Strategic Plan — Demonstrating Accountability. 41 M &C2012 -28 February 13, 2012 Page 3 ANALYSIS The water system in the City of Saint John is by far the largest in the Province of New Brunswick and the Saint John Water — 2011 Annual Water Report with all its attachments consists of hundreds of pages of facts and data. Rather than table the full document with Common Council, just the main body of the Annual Water Report is attached hereto, with its various sections summarized herein. A full copy of the report with all appendices is on file with the Common Clerk. Saint John Water is responsible for the delivery of water and wastewater services on behalf of the City of Saint John. In accordance with condition 39 of the Approval to Operate, the annual water report is intended to provide the Department of Environment (system regulator) with pertinent information relating to operation of the municipal water system. The wastewater service annual report is submitted under separate cover. Analytical Results The City of Saint John obtains its drinking water from two watersheds — Spruce Lake and Loch Lomond. The quality of water in the lakes that make up the watersheds is important to the final quality of treated potable water. Over the course of the year, the City analyzed raw water sources from 14 locations measuring a total of 23 analytical parameters for each of those sampling locations. These samples indicate the quality of water available from lakes throughout the watershed which ultimately provide for the sources of our drinking water. To ensure system water is safe to drink, samples are collected weekly at thirty one locations across the three water systems (the Red Head well field is the third system) and microbiologically analyzed. Nineteen of those sites are analyzed for inorganic chemistry semi- annually, and for organic chemistry quarterly. In addition to the testing noted above, several other water parameters are tested routinely to monitor system safety and drinking water quality. These measures include chlorine residual data, pH, fluoride, turbidity, total dissolved solids, iron and conductivity. To continue preparing for the design of the new water treatment facility and to more closely monitor disinfection by- products, the following additional analyses were performed in 2011: The frequency of trihalomethanes (THMs) sampling remained monthly instead of the Department of Health's requirement of quarterly. • Haloacetic acids (HAAs) like trihalomethanes are another disinfection by- product that is formed when chlorine reacts with untreated water. Although HAAs are not currently regulated in New Brunswick, it is expected that this will happen in the near future. Saint John will not meet this new regulation with its current treatment facilities as they do not remove the organic precursors from the water prior to disinfection. In anticipation of this new guideline, Saint John Water began monthly sampling for HAAS in 2007. 42 M &C2012 -28 February 13, 2012 Page 4 • Dissolved organic carbon (DOC) and total organic carbon (TOC) are precursors to the formation of both THMs and HAAs. These parameters were also monitored monthly during 2011. A goal in the design of new water treatment facility is the reduction of these organic precursors, so that when the disinfectant chlorine is added near the end of the treatment process, the quantities of THMs and HAAs formed will be substantially less than current, and less than the levels regulated by Health Canada. • Collection of samples for ultraviolet transmittance (LTVT) began in May of 2007. • Taste and odour sampling was also performed in 2011. The indicator parameters for taste and odour are Geosmin and MIB (2- methylisobomeol); these parameters were not detected in the sampling performed in 2011. Water Production - Spruce Lake Annual water production during 2011 for the Spruce Lake system was approximately 47.1 billion litres, an increase of 13.2 billion litres over 2010 annual Spruce Lake water production, which was 33.9 billion litres. In 2011 peak monthly production was 4.55 billion litres and comparatively 2010, 2009, 2008, 2007, 2006 and 2005 peak monthly production was 3.63, 3.85, 4.1, 4.2, 3.3 and 4.2 billion litres respectively. The largest contributor to the increased production as compared to the past few years is that in 2011, there was no flow from the East system crossing the Reversing Falls Bridge to the West system. The result was that the Fundy Heights and Lower West Side zones were supplied from West water only, and all water delivered to Irving Pulp and Paper (IPP) during this period flowed via the 1500 mm west raw water transmission main as opposed to a normal operating split of approximately one -third from east and two - thirds from west. Annual treated water production during 2011 for the Spruce Lake system was approximately 4.43 billion litres (or about 9% of total water drawn from the Spruce Lake system). In 2011, peak daily production was 36.1 ML a decrease over 2010 which was 24.9 ML. When the level of water in Spruce Lake dropped to 59.91 m (196.6') on July 4, 2011, staff turned on the 2000 horsepower Musquash pump and began transferring water from the Musquash watershed to Menzies Lake which is part of the Spruce Lake watershed. This interbasin transfer is necessary to provide for the industrial demand on the Spruce Lake system. On August 1, 2011, there was an electrical fire; repairs and cleaning were undertaken, and pumping resumed on August 8, 2011. On November 26, 2011, there was a station service trip that caused a break in the transmission fluid line. The pump remained off for the reminder of the year. A total volume of 19.329 billion litres was transferred during the 138 days of pumping in 2011. Improved management of water continued in 2010, with removal of some of the stop logs from the Menzies Lake dam, which allowed water to flow by gravity via Menzies Brook and into Ludgate Lake /Spruce Lake. This reservoir was used during the peak demand period and stop logs returned in the fall to permit natural refilling of this basin and thus reducing pumping requirements. 43 M &C2012 -28 February 13, 2012 Page 5 Water Production - Loch Lomond During 2011, annual water production for the Loch Lomond system was 26.3 billion litres, a decrease of 16.1 billion litres from 2010 Loch Lomond water production, which was 42.4 billion litres, and closer to the 2009, 2008, 2007, 2006 and 2005 production which was 36.8, 38.3, 45.5, 42.9 and 43.4 billion litres respectively. As mentioned above, in 2011, there was no flow from the East system crossing the Reversing Falls Bridge to the West system. Annual treated water production for 2011 for the Loch Lomond system was approximately 25.8 billion litres, a decrease of 13.7 billion litres from 2010 water production, which was 39.5 billion litres. In 2011, peak daily production was 111.0 ML a decrease from 2010 which was 155.7 ML. Water Production - Combined Systems Combining the 2011 average daily water production for both the western and eastern systems shows the overall system production (east and west combined) decreased to approximately 201 million litres per day from 209 ML per day in 2010. Production in 2009, 2008, 2007, 2006 and 2005 was 199 ML, 215 ML, 224 ML, 201 ML, and 205 ML respectively. The reason for the overall system monthly production increase during the July to November period can largely be explained by the annual summer season increase by the larger industrial users; this was approximately 29 million litres per day on average. Chemical Consumption During 2011, a total of 128.2 tonnes of gaseous chlorine were purchased for the Loch Lomond System, 206.8 tonnes of sodium hypochlorite for the Spruce Lake System and 90.0 tonnes of hydrofluorosilicic acid (fluoride) purchased for the combined east and west systems. The lack of flow across the Reversing Falls Bridge resulted in less potable water treated and lower chlorine usage in the east system, as well as more potable water treated and higher chlorine usage in the west system. These two changes were not equal, however, as a large industrial user (Irving Pulp and Paper) consumed only raw (un- chlorinated) water during 2011. Due to the Capital upgrades at Spruce Lake Facility, the fluoride was turned off on March 30, 2011. Fluoride addition will resume once the construction work is completed. Operational Hiehlishts Operational highlights are detailed in the body of the attached Annual Report. Topics discussed include a vehicle that went off the road on Highway 1 at Ludgate Lake (Spruce Lake watershed), and was submerged to its windows, the Watershed Clean-up Day, boil water orders, the water quality issue along Rothesay Road, the fire at the Musquash Pumping Station, unidirectional flushing, backflow prevention, watermain breaks, the leak on the Reversing Falls Bridge, and the modelling software. .. M &C2012 -28 February 13, 2012 Page 6 During 2011, Municipal Operations and Engineering administered a total of 12 water - related capital projects designed to renew, clean and line and install new water main. Approved projects included; cleaning and lining of approximately 1,161m of water distribution main, renewal of approximately 10,900m of watermain ranging in size from 200mm to 1050mm, removal of 15 watermain flushing cross - connections between the water distribution and sanitary collection system, as well as construction of the Green Head Road PRV and the installation of flow meters on watermains within the distribution system and the creation of a program to monitor and audit the water usage in each district. Also, a contract was awarded to demolish the existing well house at 103 Ocean Drive, protecting the wellhead, and construct a new building complete with disinfection equipment. This new system will be commissioned in September of 2011. In 2010 the City of Saint John had tendered a contract for replacement of the pumps and installation of back -up power at the Spruce Lake Water Treatment Facility. The purpose of the project was to replace the two original 1970s pumps and motors with three new pump /motor units. A large component of the upgrade work was completed in 2011 with the remainder to be completed in 2012. Operator Training & Certification Saint John Water continues to make advances in the operation and maintenance of our water and wastewater systems and the pivotal role they play in providing for the protection of public health and the delivery of a vital service. The City of Saint John continues to work with the New Brunswick Community College — Saint John in developing training programs for its water and wastewater operators. The training has been attended by City of Saint John staff, numerous other municipalities from New Brunswick and by private companies. A detailed training and certification summary is included in the annual report. RECOMMENDATION It is recommended that Common Council receive and file this report, and authorize staff to forward the Saint John Water 2011 Annual Water Report to the Department of Environment and the Department of Health on behalf of the City of Saint John (Approval Holder). Respectfully submitted, Nicole Taylor, M.Eng., P.Eng. Operations Manager, Water Resources & Quality, Saint Jo 4e�ndall Mas n, ng. atrick Woods, CGA Deputy Commissioner, Saint John Water 1 Manager 45 .5 }• 2011 Annual Water Report 1 INTRODUCTION Saint John Water, a division of the City of Saint John, is responsible for the delivery of three public facing services; Drinking Water, Industrial Water and Wastewater. The following annual report covers the Drinking Water and the Industrial Water services. The Wastewater service annual report is submitted under separate cover. The goal of the Drinking Water service is to supply safe, clean potable water reliably to all users. Currently, drinking water simply receives limited treatment; coarse screening, disinfection (chlorine gas at Latimer Lake and sodium hypochlorite at Spruce Lake) and fluoridation. The service is regulated under the Clean Environment Act — Water Quality Regulation and Clean Water Act - Potable Water Regulation and delivered under Approval to Operate W-669: Drinking Water Treatment and Distribution Facilities. This Approval to Operate (a copy is enclosed in Appendix E) was issued by the New Brunswick Minister of the Environment effective April 1, 2011. This Approval supersedes Approval W -254 which expired March 31, 2011. The City's current certificate is valid for a 5 -year period from April 1, 2011 to March 31, 2016. The certificate represents formal authorization to the City of Saint John (Approval Holder) by the Minister to operate drinking water facilities. The Industrial Water service provides some industries in Saint John (namely Irving Pulp & Paper, Coleson Cove and Irving Paper) with raw industrial water to support and carry out their processes. All municipal drinking water systems in New Brunswick are required to abide by the various conditions set out in Approvals to Operate drinking water treatment and distribution facilities. These regulatory tools set standards for water treatment facilities, distribution facilities, system operators and overall operation of facilities that strive to ensure safe and reliable drinking water for all users. Saint John Water fully endorses these standards and the philosophy behind the need for strict regulation of systems supplying such a vital service to the public. Protective Barriers People must have water to live; good health depends on consuming adequate quantities of safe, clean drinking water. That water must be delivered, at the best cost possible, to Saint John homes, institutions and businesses in a state that is clear, colourless, odourless and free of disease - causing micro - organisms (pathogens) or harmful chemicals. The Drinking Water Service is a public service that provides drinking water to the community and is vital to the economic vitality of the region. This service includes the supply of water, treatment, testing, transmission and distribution, administration of the service, and billing and collections. Saint John Water manages its drinking water service based on the Multi- Barrier Approach from the water source to the user's tap. Drinking water quality must be assured through a series of protective barriers: , 2011 Annual Water Report 2 i. Source (Watershed) Protection z. Drinking Water Treatment 3. Operations and Maintenance (including staff training, development and staff levels) 4. Monitoring and Alarms (Sampling Plan, SCADA system, and record keeping) s. Distribution System (residual chlorine, total coliform, E. coli, flushing, storage reservoirs, backflow prevention and cross connection control) 6. Emergency Response (contingency plans, boil order responses, ,safety training, etc) Annual Report Condition 36 of the certificate requires submission of an Annual Report to the Department of the Environment no later than March 1 of the following year. The report provides pertinent technical and operating information to the regulator on the City's water systems: r Monitoring results (daily /weekly /monthly data such as free chlorine residual, turbidity, pH, temperature, iron, manganese, etc.) A. Monthly water production Operational highlights (significant incidents and system improvements, changes, or additions); Alarm log (major alarms — the balance to be discussed during the ACE) Summary of backflow prevention and cross - connection activities; y Summary of flushing activities; Operator information (training, certifications, and staffing changes); :11 Public relations (notifications & public education) List of major new extensions and/or renewals complete with analytical results (microbiological, organic& inorganic) and the balance to be discussed during the ACE Additional comments MONITORING RESULTS Raw Water and Distribution System and Distribution S s The City of Saint John obtains its drinking water from two watersheds — Spruce Lake (west) and Loch Lomond (east). The quality of water in the lakes that make up the watersheds is important to the final quality of treated potable water. To that end, Saint John Water analyzed raw water sources in the eastern water system from ten locations and in the western water system from four locations. This raw water sampling is in addition to the water quality Sampling Plan approved by the Department of Environment. Appendix A includes maps of the east and west systems which note the raw water sample sites. Appendix B provides a summary of all parameters measured for each of the respective raw water sampling locations. 47 W`101- 2011 Annual Water Report 3 The approved Water Sampling Plan from the Department of Environment required that samples be collected weekly at thirty one locations across the three water systems and microbiologically analyzed. Nineteen of the sites are analyzed semi - annually for inorganic parameters and quarterly for organic parameters. In 2011, there were issues with several Sampling Plan locations as follows: Y Irving Pulp Mill, Meter Chamber, 301 Mill Road (NBSID 15601) - was not sampled during 2011 as there was no flow being directed across the Reversing Falls Bridge. Y Ocean Well, 103 Ocean Drive (NBSID 15805) construction continued during 2011 on the upgrade to this wellhouse, including the installation of a chlorine addition system. It was operational as of September 2011. The sampling plan adhered to during 2011 is summarized below. Bacteriological (weekly sampling) Source Raw Water Distribution System Loch Lomond 1 18 Spruce Lake 1 9 Red Head 12 0 Total 14 127 15 Ivorganic semi - annual sampling) Source Raw Water Distribution System Loch Lomond 1 9 Spruce Lake 1 6 Red Head 2 0 Total 14 15 15 Organic (quarterly sampling) Source Raw Water Distribution System Loch Lomond 1 9 Spruce Lake 1 6 Red Head 2 0 Total 4 15 .• 2011 Annual Water Report 4 Organic and inorganic analytical results are included in Appendix C noting each location where the respective samples were collected. Weekly microbiological results for E. coli (EC), total coliforms (TC) and monthly results for Heterotrophic Plate Count (HPC) are in Appendix D. A full copy of the Sampling Plan, developed in conjunction with the Department of the Environment and the Department of Health, is contained in Appendix E. A map showing the various sampling locations is also included in Appendix E. In preparation for the preliminary design of new water treatment facility and to more closely monitor disinfection by- products, the following additional analyses continued through 2011. • Given the levels of trihalomethanes (THMs) found at some of the sampling locations, the frequency of THM sampling remained at monthly; well above the Sampling Plan requirements of quarterly analyses. THMs are formed when the disinfectant chlorine reacts with decaying organic material in the untreated water. Results are reported in Appendix T. • Haloacetic acids (HAAS) are another disinfection by- product formed when chlorine reacts with organic material in the untreated water. Although HAAs are not currently regulated in New Brunswick, it is expected that this will happen in the near future. Sampling for HAAs was performed monthly during 2011. Results are reported in Appendix T. • Dissolved organic carbon (DOC) and total organic carbon (TOC) are precursors to the formation of both THMs and HAAs. These parameters continued to be monitored monthly during 2011. A goal in the design of new water treatment facility is the reduction of these organic precursors, so that when the disinfectant (chlorine) is added near the end of the treatment process, the quantities of THMs and HAAs formed will be substantially less than current, and less than the levels regulated by Health Canada. Results are reported in Appendix T. • Collection of samples for ultraviolet transmittance (UVT) began in May of 2007. Starting March 19, 2010, readings were taken at 254 nm, as per Standard Methods for the Examination of Water and Wastewater, 21" edition, (2005). Previously, readings were taken at 265 nm. Results for 2011 are reported in Appendix T. • Taste and odour sampling continued to be monitored in 2011. The indicator parameters for taste and odour are Geosmin and MIB (2- methylisoborneol). Results are included in Appendix V. With respect to water testing, Saint John Water utilizes a number of laboratories. Analytical service providers include Saint John Laboratory Services Ltd. for microbiological analyses, Maxxam Analytics (January to June) and AGAT (June to December) for organics including THMs and HAAS, AGAT Laboratories for inorganics and organic carbon (dissolved and 2011 Annual Water Report 5 total), Caduceon Environmental Laboratories (January to June) and Research and Productivity Council (June to December) for benzo[a]pyrene and pentachlorophenol, and AGAT Laboratories for the watershed analyses. Following issues with HAA analysis at AGAT Laboratories, split samples were directed to Maxxam Analytics. Consideration is given to the proximity of the lab to the water system when selecting an analytical service as travel time delays results and could adversely impact the quality of samples being transported. Appendix K contains summaries of the applicable accreditations currently held by each of the laboratories utilized by Saint John Water. Since 2007, Saint John Water has been utilizing the WaterTrax data management service. It allows data to be input directly into the database by contract laboratories as well as field staff, and historical data may be reported via custom templates, plotted on trend screens, or downloaded into spreadsheet format. The Department of Health has access to all data within WaterTrax. Monitorine Results In June of 2004 a chlorine residual assurance program was put in place that manually tested for effective disinfection every 4 hours, every day, in both the east (Lakewood Heights Pumping Station) and west (Gault Road) systems. In the summer of 2010, the Gault Road Pumping Station was de- commissioned and the building was demolished. In lieu of manually sampling inside the underground Pressure Reducing Station six times per day, an on -line (continuous) chlorine analyzer was installed and connected to the SCADA system. In 2011, an on -line chlorine analyzer was installed at the Lakewood Heights Pumping Station as well. The data collected during 2011 is summarized in Appendix F. Residual chlorine is also monitored by on -line chlorine analyzers at the Latimer Lake Facility and Spruce Lake Facility. On -line turbidity monitoring was installed and commissioned at the Latimer Lake Treatment Facility and the Spruce Lake Treatment Facility in 2008. Manual calibration checks are performed to confirm the accuracy of the on -line instruments. The calibration check data collected during 2011 is summarized in Appendix T. The temperature of the raw water sources is also measured regularly. The data collected during 2011 is summarized in Appendix T. Included in Appendix G is the chlorine residual data collected as part of the regular water testing program (including east and west residual sheets) as well as other regularly monitored data, such as pH, temperature, turbidity, fluoride, total dissolved solids, conductivity, and iron. The Saint John Water Environmental Laboratory has been participating in CALA Proficiency Testing for various parameters. The results for 2011 are included in Appendix O. Saint John Water laboratory staff calibrate the portable chlorine detection units to ensure reading accuracy. The HACH Chlorine Pocket Colorimeters calibration check is targeted to be performed on a quarterly basis, or more often if requested from the user. The units are 50 o,sotin 1vQ 2011 Annual Water Report 6 compared against HACH standards to ensure their reliability. The results from these regular calibration checks are recorded and are included in Appendix J. In 2006 two portable turbidimeters were purchased for each water system and a calibration check frequency of quarterly was identified. Annually a HACH customer service representative is contracted to check the portable turbidimeters and on a rotational basis the HACH Chlorine Pocket Colorimeters. Functional Check Record sheets for the portable turbidimeters are also located in Appendix J. The SCADA system that monitors on -line parameters throughout the water system includes a system for generating alarms when conditions are outside of the pre -set desired operating ranges. Saint John Water continues to verify on a regular basis that this system for chlorination alarms, turbidity alarms, and facility intrusion alarms are operating correctly. During 2008 and 2009, a Safety Audit and a Confined Space Audit of water facilities were performed in conjunction with WorkSafeNB. The audits included the treatment plants, pumping stations, storage tanks, and underground chambers. This audit identified 443 items to be addressed, including, for example, ladders that do not meet current code, insufficient ventilation in some areas, improper labelling, improper storage of some chemicals, improper shielding, lack of Standard Operating Procedures, etc. By the end of 2011, 63% of the items identified had been addressed and others will be addressed in time. WATER PRODUCTION Spruce Lake System During 2011, a discrepancy in the measurement of treated water flows was discovered. The sum of the two magmeter flows, located at Ocean West Way and Water Tower Road, were 71% of the readings from the insertion flowmeters at the Spruce Lake Facility. As the magmeters are deemed to be the more accurate readings, the treated water flows were adjusted accordingly. Annual water production (raw and treated) during 2011 for the Spruce Lake system was approximately 47.1 billion litres, an increase of 13.2 billion litres over 2010 annual Spruce Lake water production, which was 33.9 billion litres. Water production for 2009 was 35.8 billion litres, 2008 was 40.2 billion litres, 2007 was 36 billion litres, 2006 and 2005 were each less than 32 billion litres. The largest contributor to the increased production as compared to the past few years is that in 2011, there was no flow from the East system crossing the Reversing Falls Bridge to the West system. The result was that the Fundy Heights and Lower West Side zones were supplied from West water only, and all water delivered to Irving Pulp and Paper (IPP) during this period flowed via the 1500 mm west raw water transmission main as opposed to a normal operating split of approximately one -third from east and two- thirds from west. 51 Ap 2011 Annual Water Report 7 In 2011 peak monthly production was 4.55 billion litres and comparatively 2010, 2009, 2008, 2007, 2006 and 2005 peak monthly production was 3.63, 3.85, 4.1, 4.2, 3.3 and 4.2 billion litres respectively. Spruce Lake System 2011 Combined - Treated and Raw Water Production MONTH PEAK DAILY PRODUCTION (Mega Litres ) MONTHLY PRODUCTION (Mega Litres January 154.3 3,780.5 February 158.2 3,371.1 March 155.7 3,759.7 April 172.2 3,674.1 May 154.6 3,193.1 June 168.3 3,933.0 July 200.3 4,528.0 August 190.7 4,554.5 September 188.2 4,473.5 October 169.2 4,119.2 November 173.7 3,893.6 December 149.1 3,788.6 TOTAL 47,068.8 5,000 4,500 4,000 E2 3,500 2 3,000 2,500 2,000 1,500 1,000 500 0 2011 Spruce Lake System Monthly Production Jan. Feb. Mar_ Apr. May Jun. Jul. Aug. Sep. Oct. Nov. Dec. 52 ] r 2011 Annual Water Report 8 Annual treated water production during 2011 for the Spruce Lake system was approximately 4.43 billion litres. In 2011, peak daily production was 36.1 ML a decrease over 2010 which was 24.9 ML. Spruce Lake System 2011 Treated Water Production' MONTH PEAK DAILY PRODUCTION (Mega Litres) MONTHLY PRODUCTION __(Mega Litres January 20.3 351.3 February 19.6 343.9 March 19.0 379.4 April 20.8 363.8 May 21.2 386.3 June 36.1 390.4 July 27.2 393.4 August 21 .0 368.7 September 19.8 345.0 October 14.4 349.2 November 12.9 376.2 December 12.9 381.8 TOTAL 4,429.4 `(excludes raw water to Coleson Cove and LPP) 400 390 L 380 m 370 360 350 340 330 320 310 2011 Spruce Lake System Monthly Treated Water Production Jan. Feb. Mar. Apr. May Jun. Jul. Aug. Sep. Oct. Nov. Dec. 53 2011 Annual Water Report 9 When the level of water in Spruce Lake dropped to 59.91 m (196.6') on July 4, 2011, staff turned on the 2000 horsepower Musquash pump and began transferring water from the Musquash watershed to Menzies Lake which is part of the Spruce Lake watershed. This interbasin transfer is necessary to provide for the industrial demand on the Spruce Lake system. On August 1, 2011, there was an electrical fire; repairs and cleaning were undertaken, and pumping resumed on August 8, 2011. On November 26, 2011, there was a station service trip that caused a break in the transmission fluid line. The pump remained off for the reminder of the year. A total volume of 19.329 billion litres was transferred during the 138 days of pumping in 2011. During 2010, 2009 and 2008, the Musquash pump operated for a total of 114, 26 and 48 days, with total volumes of 14.412, 3.875 and 3.84 billion litres, respectively. As noted above, all water delivered to Irving Pulp and Paper (IPP) during 2011 flowed via the 1500 mm west raw water transmission main as opposed to a normal operating split of approximately one -third from east and two - thirds from west. This resulted in increased pumping at Musquash. Improved management of water continued in 2010, with removal of some of the stop logs from the Menzies Lake dam, which allowed water to flow by gravity via Menzies Brook and into Ludgate Lake /Spruce Lake. This reservoir was used during the peak demand period and stop logs returned in the fall to permit natural refilling of this basin and thus reducing pumping requirements. I � i J I _ 4 -"'- SW JI Map of Western Watersheds (Musquash and Spruce Lake) The Spruce Lake watershed is 20.4 km2 and the surface of the lake and City land total 18.9 km2 or 92.6% of the total Spruce Lake Watershed area. 54 2011 Annual Water Report 10 Loch Lomond System During 2011, annual water production for the Loch Lomond system was 26.3 billion litres, a decrease of 16.1 billion litres from 2010 Loch Lomond water production, which was 42.4 billion litres, and closer to the 2009, 2008, 2007, 2006 and 2005 production which was 36.8, 38.3, 45.5, 42.9 and 43.4 billion litres respectively. As mentioned above, there was no flow from the East system crossing the Reversing Falls Bridge to the West system. Loch Lomond System 2011 Combined - Domestic and Industrial Water Production MONTH PEAK DAILY PRODUCTION (Mega Litres ) MONTHLY PRODUCTION (Mega Litres) January 84.5 2,126.0 February 86.9 1,959.7 March 81.9 2,192.7 April 79.9 2,079.1 May 83.4 2,032.0 June 91.6 2,015.6 July 148.8 2,399.5 August 83.7 2,141.3 September 101.8 2,411.0 October 111.0 2,307.0 November 110.4 2,514.7 December 85.3 2,132.5 TOTAL 26,310.9 3,000 2,500 2 2,000 10311,500 2 1,000 500 0 2011 Loch Lomond System Monthly Production Jan. Feb. Mar. Apr. May Jun. Jul. Aug. Sep. Oct. Nov. Dec. 55 2011 Annual Water Report 11 Annual treated water production for 2011 for the Loch Lomond system was approximately 25.8 billion litres, a decrease of 13.7 billion litres from 2010 water production, which was 39.5 billion litres. In 2011, peak daily production was 111.0 ML a decrease from 2010 which was 155.7 ML. Loch Lomond System 2011 Treated Water Production MONTH PEAK DAILY PRODUCTION e a Litres) MONTHLY PRODUCTION (Mega Litres) January 84.5 2,126.0 February 86.9 1,959.7 March 81.9 2,192.7 April 79.9 2,079.1 May 83.4 2,032.0 June 91.6 2,015.6 July 92.8 2,183.4 August 83.7 2,141.3 September 82.1 2,068.4 October 111.0 2,307.0 November 110.4 2,514.7 December 85.3 2,132.5 TOTAL 25, 752.2 (excivaes raw water spivage to lrvtng traper) 3,000 2,500 d ' 2,000 m 1,500 1,000 0 2011 Loch Lomond System Monthly Treated Water Production Jan. Feb. Mar. Apr. May Jun. Jul. Aug. Sep. Oct. Nov. Dec. ' 56 2011 Annual Water Report 12 a A g. � a F r ` H Map of Eastern Watersheds (Latimer and Loch Lomond) The Latimer Lake watershed is 2 km2. The surface of the lake is 0.84 km2 (42 %) and the City owned land totals 0.85 km2 or 42.5% of the total Latimer Lake Watershed area. The Loch Lomond watershed is 104 km2. The surface of the lake is 9.9 km2 (9.5 %) and the City owned land totals 43.8 km2 or 42.1 %. Combined Systems Combining the 2011 average daily water production for both the western and eastern systems shows the overall system production (east and west combined) decreased to approximately 201 million litres per day from 209 ML per day in 2010. Production in 2009, 2008, 2007, 2006 and 2005 was 199 ML, 215 ML, 224 ML, 201 ML, and 205 ML respectively. The reason for the overall system monthly production increase during the July to November period can largely be explained by the annual summer season increase by the larger industrial users; this was approximately 29 million litres per day on average. 57 2011 Annual Water Re P ort 13 250 coo 200 v Le 150 m 100 50 0 2011 Combined Systems (Spruce & Loch Lomond) Average Daily Production (by month including industrial flows) Jan. Feb. Mar. Apr. May Jun. Jul. Aug. Sep. Oct. Nov. Dec. Chemical Consumption During 2011, a total of 128.2 tonnes of gaseous chlorine were purchased for the Loch Lomond System, 206.8 tonnes of sodium hypochlorite for the Spruce Lake System and 90.0 tonnes of hydrofluorosilicic acid (fluoride) purchased for the combined east and west systems. i i PThe lack of flow across the Reversing Falls IWW — „ t Bridge resulted in less potable water 00�=-r ` I treated and lower chlorine usage in the east system, as well as more potable water treated and higher chlorine usage in the west system. These two changes were not equal, however, as a large industrial user (Irving Pulp and Paper) consumed only raw (un- chlorinated) water during 2011. Due to the Capital upgrades at Spruce Lake Facility, the fluoride was turned off on March 30, 2011. Fluoride addition will resume once the construction work is completed. a 2011 Annual Water Report OPERATIONAL HIGHLIGHTS Watersheds On April 2, 2011, a vehicle went off the road on Highway 1 at Ludgate Lake (Spruce Lake watershed), and was submerged to its windows. Saint John Water collected samples at the site as well as at the intake to the Spruce Lake Water Treatment facility, in order to monitor BTEX compounds (benzene, toluene, and xylenes). All samples collected showed no detection of any BTEX compounds. 14 On June 15, 2011, Saint John Water held a Watershed Clean -up Day. In a five - hour period, forty -eight volunteers gathered approximately 3.8 metric tonnes (approximately 8400 pounds) of garbage and litter from the areas near First Lake, Second Lake, Robertson Lake, and Latimer Lake. Three loads (2 tandems and one packer) of garbage were hauled to the landfill. The garbage included 13 tires, various car parts, couches /chairs, scrap metal, mattresses, glass, roofing and other construction materials. appliances, and general litter (including diapers, coffee cups, food wrap, bottles and cans, clothing). A dead moose was also discovered and removed from Frist Lake, and the Department of Natural Resources was notified. Two abandoned buses and a vehicle were also found, and separate arrangements are being made to remove them. The total cost of the Watershed Clean-up Day was approximately $9000, which included labour and equipment costs, landfill tipping fees, clean -up supplies (gloves, garbage bags, etc), and a barbeque lunch for the volunteers. Another Watershed Clean -up Day will be planned for 2012. 59 °~ 2011 Annual Water Report 15 Water Ouality Several boil order notifications were issued during 2011. The following locations were affected: • June 10, 2011 — Market Place — civic numbers 155, 157, 161, 163, and 165, as well as Winslow Street, civic number 79. • August 26, 2011 — Ashburn Road -civic numbers 895, 899, and 901. • September 16, 2011 - Red Head Subdivision. The boil order in June on Market Place was during a Capital project, and occurred when contractors accidently struck a gate valve, causing a leak. Following discussion with Department of Health, the affected homes were temporarily serviced from a fire hydrant, and a self- imposed precautionary boil order was issued. The boil water order in August on Ashburn Road originated from additional testing that was being performed to monitor water quality, following the decision by the Town of Rothesay to connect the Kennebecasis Park and Hastings Cove areas to its Carpenter Pond Water Supply. As part of the testing, chlorine residuals and microbiological parameters were frequently tested` along the 300 mm (12 ") pipe between Rothesay Avenue and Kennebecasis Park, including the Drury Cove area. Chlorine levels were unacceptably low at Ashburn Road, and by the { end of August the microbiological testing was positive for total coliforms. A boil water order was issued. Samples taken in the Drury Cove area . . did not show any adverse results, and the issue on Ashburn Road was attributed to there being only 3 commercial users serviced by a relatively large watermain, as well as the elevated water temperature. Chlorine and microbiological testing continued to show unacceptably low levels of chlorine and the frequent presence of total coliforms. Following discussion with Department of Health, the boil order was rescinded on January 13, 2012. This location will continue to be monitored closely. The boil order in September in the Red Head Subdivision was due to the Capital project that was underway, to provide chlorinated water to the distribution system within the subdivision. There are two wells in this subdivision — located on Ocean Drive and Seaward Crescent. In 2010, a contract had been awarded to demolish the existing well house at Ocean Drive, and construct a new building complete with disinfection equipment. The Ocean Drive well had previously been removed from service in 2009, due to unacceptable microbiological results, .E 2011 Annual Water Report 16 even after the well was repeatedly shocked (disinfected). Once the upgrades at the wellhouse at Ocean Drive were completed and was ready for commissioning, a precautionary boil order was issued for two reasons: 1) it was already known that the water from this well was contaminated, and had to be properly disinfected prior to entry in the distribution system, and 2) it was unknown how the newly chlorinated water would react with the existing biofihn (a layer of microorganisms) on the inner walls of the watermains. Also as a precaution, the chlorine was added at •a higher dosage than what was anticipated would be required once the system was fully functional. During the commissioning phase, chlorinated water was gradually introduced into the distribution k system, street by street. ► Concurrently, there was an operational issue with the control of the chlorination equipment that unfortunately took more than one week to address, and because the well water was known to be contaminated, the boil y order could not be lifted as there was the risk of introducing water into the distribution system that had not been disinfected. On September 30, 2011, once the chlorine equipment issue was resolved, and once chlorinated water was being introduced in the entire distribution system, and after chlorine and microbiological testing was completed, the Department of Health allowed the boil order to be rescinded. Saint John Water then began to lower the dosage of chlorine, in order to minimize the quantity of chlorine added while still maintaining acceptable chlorine levels at the extremities of the distribution system. A "Do Not Consume" order was issued for 108, 118, and 128 Charles Street East on July 29, 2011. During the cleaning and lining of the water main along Charles Street East, it was discovered that the water main contained an existing bituminous (coal tar) lining. Coal tar linings may produce poly aromatic hydrocarbons (PAHs), and for this reason, as a preventative measure, a "Do Not Consume" order was issued until the main could be cleaned and lined and returned to service. Copies of the boil order notices, the "do not consume" notice, the rescind notices, as well as information notices to the public are included in Appendix Q. 61 2011 Annual Water Report 17 On Tuesday, February 8, 2011, the Town of Rothesay connected customers of the Town of Rothesay West Water System (Kennebeca.sis Park and Hastings Cove area) to its Carpenter Pond Water Supply. Since 1996 the Rothesay West Water System had been supplied water from the City of Saint John. This change in water supply source resulted in the creation of a large (300 mm) dead -end pipe, affecting Saint John Water customers on Rothesay Avenue east of Broadway Avenue. Large dead -end pipes are a concern; they usually result in decreased chlorine residuals, which may result in adverse microbiological testing results. By the end of the week, Saint John Water staff re- started the seasonal (summer) flushing at the fire hydrant near 36 Park Drive (entrance to Kennebecasis Park), as chlorine residuals had dropped significantly. Another flushing was set up soon after, at 1160 Rothesay Road (end of the 300 mm pipe). Discussions were held with the Department of Health and the Department of Environment, and additional weekly chlorine and microbiological monitoring was initiated. A consulting firm was engaged to evaluate options, with the primary goal being the ability to maintain chlorine residual at the end of the large dead -end pipe. Lab -scale and pilot -scale testing was performed to evaluate possible solutions. This testing will continue into 2012 to evaluate equipment size, as well as potential capital, operating, and maintenance costs. On Wednesday, August 3, 2011, west side residents and businesses were asked to conserve water, as on Monday there had been an electrical fire at the Musquash Pumping Station. This station pumps water from the Musquash watershed in to the Spruce Lake watershed, usually during the summer months when the water elevation at Spruce Lake drops below 60.0 m. The fire 62 V: - 2011 Annual Water Report 18 The process of flushing watermains has a twofold purpose; it moves fresh water through areas of low flow and expels sediment and loose particles out of the distribution system. In areas that can't be flushed, problems compound with the inability to introduce fresher water. While it is important to strive to reduce the amount of water flushed, Saint John Water operates and manages the water system with public health, safety and quality of drinking water as its foremost priorities. completely damaged one of the two motor starters, while the other required significant repair; all the electrical equipment in the room required thorough cleaning as well. This process was completed by August 10, 2011, and the pumps were re- started. A capital project was initiated to replace the first (irreparable) motor starter, as well as other electrical equipment that had previously been identified for replacement or upgrading. On November 27, 2011, the main station service tripped, causing the pump to stop. As a result of this sudden interruption, the rush of back flowing water caused vibration on the discharge pipes, and caused a hydraulic line to break. Department of Environment was notified. It was estimated that five to six liters of hydraulic oil was lost and the spill was unmediately cleaned up. The hydraulic oil was changed in January of 2012 to food -grade oil. In order to flush as efficiently and effectively as possible Saint John Water has adopted unidirectional flushing (UDF) as the standard for routine pipe cleaning. This method controls the flow of water by strategically closing valves, thereby increasing flushing velocities and reducing water disturbances in the immediate area. After seven (7) years of sector by sector development, Saint John now has the entirety of the city flushed with the UDF method except for those pipes in the northern most parts of the water system (Millidgeville/Westmount). Over this time Saint John Water has engaged the services of Aqua Data Atlantic to design and execute this service. Starting at the source of 63 K3�r1 2011 Annual Water Report 19 water, the science based sequences step through the vast network of pipes, pulling fresh water along the way to the extremities of the system. In 2011 we continued to flush all previously modeled portions of the water system while expanding the program to the balance of the Central Low Zone north of the Saint John Throughway and the Rockwood Park High Zone. The table below illustrates the growth of the Unidirectional Flushing Program since 2005. 09""pt" Number of sequences aws 114 2006 205 2007 377 2008 360 2000 544 2010 861 2811 1015 Total length of pipe (km) ?5 61 137 130 ?24 373 421.59 Length of pipe flushed (km) 21 42 92 d9 193 212 255.48 Total number of fire hydrants 168 278 608 594 987 1616 1863 Number of fire hydrants used 71 131 252 234 368 566 657 Total number of valve. 377 634 1298 1251 2057 3439 4076 Number of valves used 137 228 407 402 570 933 1141 Average number of valves operated per sequence 5 4 4 4 3 4 3.4 The UDF sequences for Saint John were performed by two Aqua Data technicians between June 13, 2011 and October 27, 2011. As can happen when other infrastructure projects are in progress, some sequence changes are necessary. In these instances Aqua Data would relocate to a different area of the city, returning to finish the zone at a later time. The following information highlights the results of this year's unidirectional flushing program: ■ Total number of sequences ■ Total length of pipes flushed 1015 255.5 km • Total number of fire hydrants utilized 657 ■ Total number of valves operated 1141 ■ Total water volume used 26,874,000 US Gallons ■ Average velocity per sequence 4.9 :ft/second Given the age and condition of some sections of our infrastructure the targeted turbidity was to be less than or equal to 3.0 Nephelometric Turbidity Units (NTU). The average count achieved over the entire program was 1.72 NTU with 99% of the sequences measuring below 3.0 NTU. 2011 Annual Water Report 20 With an emphasis on UDF as an annual maintenance program, the past practice of flushing hydrants the conventional way has been discontinued. However from time to time conventional flushing is executed on dead ends and in response to areas where water quality problems are reported. In 2011 Saint John Water performed extensive continuous water quality flushing around the City. At its peak during the warm summer weather, 23 separate water quality flushings (see Appendix W) were active throughout the city; sixteen were located in the east water system and seven in the west system. Ten of the flushings are year - round, the remainder are seasonal (temperature related). Flushings that are presently required will not necessarily be needed indefinitely. The need to flush water across the system will reduce over time as pipes are cleaned and lined, renewed, systems are looped, organics are removed through full treatment. In 2012 the planned UDF program will see a continuation of flushing in the established zones as well as the development and execution of sequences in the Millidgevillc, Sandy Point and Kennebecasis pressure zones. This will be a milestone as it marks the commitment of Saint John Water to flush the entire water system using the unidirectional method. Backflow Prevention and Cross - Connection Control A cross- connection means any actual or potential connection between a potable water system and any source of pollution or contamination. A backflow prevention device is used to protect water systems from non potable connections, for example: water boilers, sprinkler systems, commercial and industrial equipment. As of December 31, 2010 there were 2,578 testable backflow prevention devices registered with the City of Saint John Cross - Connection Control Program. f The Plumbing Inspector and the Manager, Water Use Management remain active members of the New Brunswick Backflow Prevention Association and the Cross - Connection Control Sub- committee of the Atlantic Canada Water Works Association ( ACWWA). Locally they represent the ACWWA as proctors overseeing certification examinations for the testers of backflow prevention devices. 65 - 2011 Annual Water Report 21 Water Distribution In 2011, Saint John Water staff responded to 89 watermain breaks, the mains ranged in size from 50 mm to 900 mm in diameter, this is 26 more than in 2010. A detailed listing of the breaks is located in Appendix M. In January of 2011 Saint John Water contracted Gulf Operators to replace a 3 meter section of 900 mm water main along Pipeline Road East. This section of steel lock bar pipe that had been installed in 1929 developed leaks along a scam. In order to complete the repair two collars were welded to each end of the existing pipe and couplings were used to connect a new section. One of most significant breaks occurred on - November 5a' near 850 Loch Lomond Road, a catastrophic failure of a 600 mm transmission main. The repair required one and a half days to complete which included the replacement, disinfection, and the re- commissioning of a 3 m section of the main that had been installed in 1857. In 2009 the Parks Street Pump Station Upgrade project began, and continued into 2010. The project includes the replacement of one diesel pump with one diesel generator capable of operating both pumps. In addition, the roof of the station was replaced, the electrical conduit was renewed, and a magmeter installed to measure flow. As of the end of 2010, it remained for the diesel generator to be commissioned. The load tests were performed in the s u working on possible solutions. mmer of 2011, but did not pass. The consultant is On December 18th, 2010 the 475 mm water main crossing under the Reversing Falls Bridge was taken out of service due to a leak within the west end bridge abutment. After reviewing the options and the cost of a repair it was decided to leave the pipe out of service as it was scheduled for replacement in 2012. Due to ongoing work on the Harbour Bridge the replacement of the water main under Reversing Falls Bridge has been pushed to 2013. In 2008 Saint John Water purchased WaterGems water modeling software. A portion of 2008 and all of 2009 was been spent developing a model that accurately reflects the piping .. 4; .f 2011 Annual Water Report 22 infrastructure and system demands. In 2010, the remaining smaller diameter pipes on the east side were entered, completing all loops in the system. The uses for the water model include verification of new watermain sizing as well as numerous water system simulations. Ongoing updates were made and many analyses were carried out in the Saint John Water Model in 2011. New pipes were added and existing pipes originally created from lower quality source information were verified or corrected. The most notable additions to the model in 2011 were the new watermains in the Spruce Lake Industrial Park and the new transmission main on Pipeline Road East. Twenty -one water modeling projects were carried out in 2011 which dealt with pressure, flow, water age, fire flow, and tank analyses. Some of the larger projects included the Rothesay Road project (dealing with water age for alternative pipe sizes and configurations) and the Forest Hills project (dealing with pressures and fire flow analyses when switching the area to a different pressure zone). Condition 44 (formerly Condition 57) of the Approval to Operate requires that mitigation measures for all sources of cross- connections between potable water and sewer systems be undertaken in accordance to the approval plan submitted. In the 2006 Annual report it was noted that staff of Saint John Water identified a total of 115 cross - connections. Field evaluations of each location were completed and a plan established to remove the cross- connections. In June 2007 Saint John Water staff informed the Department of Environment there were now 114 cross- connections still remaining and a comprehensive document complete with sketches of all 114 connections was submitted. It was proposed, that the work estimated at $1 million, be completed over a two -year period as part of the Water & Sewerage Utility Fund Capital Program. The first - $500,000 (Phase 1) of the work was approved in December 2007 as part of the 2008 Water & Sewerage Utility Fund Capital Program. The project included the removal of flushing cross - connections and the installation of new fire hydrants for future flushing capabilities. Phase I of the program was completed in 2008; of the 57 cross- connections identified, 29 were removed, 4 were deferred to 2009 and 24 had been removed by Saint John Water maintenance crews in previous years. The second - $500,000 (Phase 2) of the work was approved as part of the 2009 Water & Sewerage Utility Fund Capital Program. This project like Phase 1 also included the removal of flushing cross - connections and the installation of new fire hydrants for future flushing capabilities. Phase 2 of the program was tendered in September 2009 and awarded in October 2009, however work was not able to commence given the lateness of the construction season, and was undertaken during the 2010. In addition, another $100,000 was allocated in the 2010 Water & Sewerage Utility Fund Capital Program as more cross - connections were recently identified during the water system record (map) updating that is underway. This work was undertaken in 2011. Work that is planned for the 2012 construction season is included in 67 ��phrl (1r_ P. 2011 Annual Water Report 23 Appendix U, and will complete the removal of known cross connections. The record updating will continue and any new cross - connections identified will be tracked separately to allow for continued budgeting, design and construction work to eliminate all cross- connections. Under the Infrastructure Stimulus Fund Program, a project to rehabilitate the Cottage Hill and Rockwood Park water storage reservoirs was approved. This project began in the fall of 2010, and was completed by the end of March 2011. Among other repairs, the interior coatings on both water storage reservoirs were in need of being replaced as they were in a deteriorated condition and were of no effect in controlling corrosion of the steel structures. The tanks were suffering from pitting of the steel and would have continued to increase if the tank coatings were not renewed. _ Rockwood Park Tank — Spring 2011 Cottage Hill Tank - Winter 2010 -2011 CAPITAL WATER SYSTEM IMPROVEMENTS Cottage Hill Tank -- Spring 2011 During 2011, Municipal Operations and Engineering administered a total of 12 water related capital projects designed to renew, clean and line and install new water main. Appendix H provides a detailed listing of the projects that were included in the 2011 Water and Sewerage Utility Fund Capital Program approved by Common Council. Seven projects from the 2010 approved Capital Program was carried forward to 2011 and completed. In 2011, the utility share of capital funding to water related categories (which are made up of infrastructure renewal - water, the safe clean drinking water program, and watershed .: *' 2011 Annual Water Report 24 protection) totalled over $2.39 million or as can be seen by the pie chart on the first page in the Appendix H, 10.3% of the utility share of capital expenditures. In summary, water works completed in 2011 capital projects included the following; cleaning and lining of approximately 1,161m of water distribution main, renewal of approximately 10,900m of watermain ranging in size from 200mm to 1050mm, removal of 15 watermain flushing cross - connections between the water distribution and sanitary collection system, as well as construction of the Green Head Road PRV and the installation of flow meters on watermains within the distribution system and the creation of a program to monitor and audit the water usage in each district. In 2010, a contract had been awarded to demolish the existing well house -at 103 Ocean Drive, protecting the wellhead, and construct a new building complete with disinfection equipment. The project also involved a piping component to install a pipe loop to act as a contact chamber and allow adequate mixing of chlorine in advance of the first customer. The new well house is now complete; the pump has been reinstalled in the well with a new pump starter, a new sodium hypochlorite disinfection system, residual analyzer and SCADA monitoring ability. The new system was commissioned in September of 2011. In 2010 the City of Saint John tendered a contract for replacement of the pumps and installation of back -up power at the Spruce Lake Water Treatment Facility. The purpose of the project was to replace the two original 1970s pumps and motors with three new pump /motor units to provide a back up pump for reliability /continuity of service, reduction in electricity consumption, and to allow for one pump to be removed from service for maintenance while maintaining the ability to have two pumps in service. A large component of the upgrade work was completed in 2011 with the remainder to be completed in 2012. On Monday August 17, 2009 it was announced publicly that all six projects which had been submitted for funding consideration under the Infrastructure Stimulus Fund Program had been approved to receive funding support. Three of the projects that received funding under the Stimulus Fund program were completed during the 2011 calendar year. .• r ,k. 2011 Annual Water Report 25 1. East — Phinney Hill Transmission Mains ($7,000,000) - The project generally consisted of the installation of 3200m of 1200mm (approximately) water transmission main from Phinney Hill to Lakewood Heights Pump Station. This replaced a critical transmission main in preparation for the new water treatment facility. This project was completed in 2011. 2. District Metering Program ($1,400,000) - The project consisted of the installation of flow meters on watermains in vanous sections of the water system. The flow data will be used to audit the water demands in each district/subdivision to identify high usage and possible water system leakage, a critical tool to manage water demands. This project was completed in 2011. 3. Rehabilitation of the Cottage Hill and Rockwood Park Water Storage Reservoirs ($600,000) - The project consists generally of rehabilitation of the interior lining, external coating, and metal works at both of the storage reservoirs, as well as welding repairs, installation of a new access hatch, installation of a cathodic protection system, and fencing, at the Rockwood Park reservoir. The Water & Sewerage Business Plan Review that was completed in 2002 determined significant investments in infrastructure renewal were necessary to ensure the future sustainability of the system. As shown in the following graph, significant infrastructure investments have been made in previous years with an investment reduction in 2011 as a result of a focus on Wastewater Treatment projects. It is anticipated future capital programs will involve major investments in water infrastructure. 25000 20000 d 15000 CD C 10000 ar iG 5000 is 0 Approved Capital Water Main Improvement Plans 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 Year FoRenewal []New Install []Rehabilitation Within Appendix I is a list of the projects proposed as part of the 2012 Water and Sewerage Utility Fund Capital Program. 70 i 2011 Annual Water Report 26 OPERATOR TRAINING & CERTIFICATION Saint John Water continues to make advances in the operation and maintenance of our water and wastewater systems and the pivotal role they play in providing for the protection of public health and the delivery of a vital service. Since 2001, the City of Saint John through a partnership with the New Brunswick Community College (NBCC) - Saint John has developed training programs for its water and wastewater operators. The training has been attended by City of Saint John staff, numerous other municipalities from across New Brunswick and by private companies. Employees have continued to make progress in 2011, working towards meeting specific training and certification requirements as required within the Approvals to Operate. It is recognized that training is integral to improving the quality, efficiency and effectiveness of water and wastewater services. A number of formal training courses were offered to staff during 2011. Some of these courses provide employees with CEUs (Continuing Education Units) and contribute to an environment of continuous learning. While ongoing CEU requirements are not necessary according to the Approval to Operate; Saint John Water strongly believes in improved competencies and skills through continuous learning. Listed below are all formal courses that were offered, complete with a short descriptor. Air Brake Endorsement — This is a half day course intended to prepare employees to challenge the air brake endorsement exam, one of the requirements for attainment of a Class III Driver's License. Employees are taught by a City of Saint John T &T Mechanic how to check and adjust slack adjusters using an airbrake simulator in the Vehicle Maintenance Facility. Successful completion of the Air Brake Examination results in an "E" endorsement on the employee's driver's license. Basic Emer —aency Management — This course is structured to provide the participant with a broad base from which to carry out plannmg and operations for emergencies. The theory of the planning process is introduced and operating procedures are applied to a spectrum of emergency scenarios. The management, command, control and co- ordination functions necessary to meet emergencies are examined using case studies and exercises. This is an entry level course and is considered a prerequisite for advanced level courses. Chain Saw — The NB Safety Council Inc. offers a full day Chain Saw Safety training course. This course has been developed for those who operate a chain saw within their course of duty and includes a classroom component where key areas of safety and operations are covered. This is followed by a practical session where individuals use the skills learned. CFS Common — General Knowledge Water and Wastewater Fundamentals: provides knowledge and skills related to safety, mathematics and basic science as it applies to water and wastewater systems. 71 2011 Annual Water Report 27 CFS Wastewater Collection - General Knowledge Water and Wastewater Fundamentals: provides knowledge and skills related to safety, mathematics and basic science as it applies to Water and Wastewater systems. Support Systems Water and Wastewater Fundamentals: provides knowledge of major components, principles and proper operation of common equipment including pumps, drive systems, engines and generators, compressors, valves, and control components. Wastewater Quality Fundamentals: provides knowledge and skill related to wastewater quality assurance, and quality control, including wastewater sampling and quality, public health implications and regulatory requirements. Wastewater Collection Process: provides knowledge and skill related to wastewater collection system operation and maintenance, including wastewater collection overview, gravity sewers, sewer operation and maintenance, wastewater lift stations, wastewater force mains, disinfection processes, wastewater treatment overview. CFS Wastewater Treatment - Support Systems Water and Wastewater Fundamentals: provides knowledge of major components, principles and proper operation of common equipment, including pumps, drive systems, engines and generators, compressors, valves, and control components. Wastewater Quality Fundamentals: provides knowledge and skill related to wastewater quality assurance and quality control, including wastewater sampling and quality, public health implications and regulatory requirements. Wastewater Treatment Process: provides knowledge and skill related to wastewater treatment system operation and maintenance, including wastewater treatment overview, preliminary treatment, primary treatment, secondary treatment, sludge management, disinfection processes, and tertiary treatment. CFS Water Distribution - General Knowledge Water Supply Fundamentals: provides knowledge and skills related to safety, mathematics and basic science as it applies to Water systems. Support Systems Water and Wastewater Fundamentals: provides knowledge of major components, principles and proper operation of common equipment including pumps, drive systems, engines and generators, compressors, valves, and control components. Water Quality Fundamentals: provides knowledge and skill related to potable water quality assurance and quality control, including water sampling and quality, public health implications and regulatory requirements. Water Supply Process: provides knowledge and skill related to water supply system operation and maintenance. CFS Water Treatment - Support Systems Water and Wastewater Fundamentals: provides knowledge of major components, principles and proper operation of common equipment, including pumps, drive systems, engines and generators, compressors, valves, and control components. Water Quality Fundamentals: provides knowledge and skill related to potable water quality assurance and quality control, including water sampling and quality, 72 2011 Annual Water Report 28 public health implications and regulatory requirements. Water Treatment Process: provides knowledge and skill related to water treatment system operation and maintenance, including water treatment overview, primary treatment, secondary treatment, disinfection processes. Class III Driver Preparation - This is a half day course intended to prepare employees to challenge the written portion of the Class III License examination. Completion of the required Class III Medical Examination and submission of the associated Doctor's report is a prerequisite for writing the Class III examination. Successful completion of the Class III written examination qualifies the employee to challenge the road test, the last requirement for award of the Class III Driver's license. This course uses the standard Province of New Brunswick Class III Preparation Guide. Confined Space Entry - Participants develop knowledge and skills in confined space entry that meets and exceeds legislated requirements. Training topics include: the legal regulations, standard operating procedures, confined space audit, confined space entry and confined space rescue. Confined mace Rescue - Participants learn to safely and effectively perform confined space rescue. The course covers: a review of confined space entry procedures, atmospheric monitoring and control systems, duties of rescue personnel, personal protective equipment, self contained breathing apparatus, rescue equipment including lifeline, retrieval system, stretcher, casualty packaging and manipulation, rescue procedures and engaging first responders. CPR/First Aid (2 day and 1 day refresher ) — These courses are provided for reasons of workplace safety. It explains to individuals the fundamentals of first aid and basic life support. Customer Service - Participants learn the basic principles of customer service with the aim of better serving our internal and external clients. Topics include: the customer - centered organization, internal customers, external customers, identification of needs, prioritization of needs, review of values - based behaviour, elements of high quality service, implications of low quality service, service examples, and lessons learned. Effective Communication - The goal of this program is to develop knowledge and skill in interpersonal and team communications in the context of our business, using a variety of techniques including role playing, group discussion, and case studies. The critical importance of effective listening and feedback technique is emphasized as a crucial element in the building of positive workplace relationships. 73 �O w� 2011 Annual Water Report P 29 Emergency Site Management — This course prepares emergency management practitioners to carry out their roles as members of an emergency site team. In an emergency situation, new relationships must be established quickly between community organizations, outside agencies, volunteers and other entities from various levels of government who might not normally work together. This advanced level course covers the principles of a coordinated multi- service and multi jurisdictional response at an emergency site. Excel Course — The user learns how to navigate in Excel, enter, format and move data, and apply formulas. Fall Arrest Protection — This is a one day training program, the goal of which is to equip employees with the knowledge and skill required to employ industry standard best practices in Fall Arrest in a variety of operational tasks within Saint John Water, including Confined and Hazardous Space Entry and Rescue. Fire Extinguisher — In this course, participants learn how to classify the types of fires and to use fire extinguishers correctly. Topics include; fire chemistry, fire classification, types of fire extinguishers, fire extinguisher rating, symbols used on fire extinguishers, selecting a fire extinguisher, use of fire extinguishers and inspecting fire extinguishers. Highway Signaller - Using group exercises and lectures, students will learn how to control traffic to keep themselves, their co- workers and the public safe while engaged in controlling the flow of traffic through the city's street construction project sites. A "Qualification Test" is required. This course carries a three year recertification requirement. HTE Payroll - This course teaches participants to use the City's HTE payroll hours entry system. After an introduction to HTE system environment, participants learn how to make exceptions to employees regular weekly hours when required. HTE Work Requests & Job Order - This course teaches participants to use the City's HTE work request job order system. After an introduction to HTE system environment, participants learn how to create internal work requests /job orders, search for work requests /job orders and close job orders. Job Coaching - This course prepares peer trainers to become successful field coaches. The course covers; understanding adult learning needs; the coaching process; setting up the field coaching environment; guidelines for instruction; guidelines for feedback; setting goals and objectives for the trainee; developing checklists; evaluation progress; learner reactions and feedback. 74 ���Jjk 101 2011 Annual Water Report 30 Leadership - This course is designed for municipal front line, supervisors and managers (both hourly and staff) who want to contribute to their development as leaders of their organization by leading from the inside out. Knowledge is gained by applying "theory" to real life examples that require interactive group discussion, problem solving and role playing. Natural Gas Safety - Participants learn safe work practices for carrying out street construction operations near natural gas pipelines. The lecture also includes complying with regulations for natural gas pipelines, regulatory authority, notification procedure, penalties associated with non - compliance, required work method and emergency procedures and hazards associated with natural gas. Network and Windows XP — The learner will recognize and use basic computer functions of the City of Saint John computer network and Windows. Occupation Health and Safety 1. This course covers the following; responsibilities under Occupational Health and Safety Act, role of Joint Health and Safety Committees, due diligence, construction safety and the role of the highway signaler. Occupational Health and Safety 2 - Participants learn about the Health and Safety Improvement System (HSIS). Topics include: safety and quality, quality systems general (iterative, audit -based processes), the HSIS framework, implementation methodology and expected outcomes. Orientation New Hire — This is a general orientation to the City of Saint John. This 2 -hour basic orientation provides introduction to the Corporate Strategic Plan, our Values, Vision, etc. Other topics covered include; pension, benefits, training and contact information. Overhead Crane — The course aims to ensure that the City's various operations which employ overhead monorail and jib cranes comply with Part XV of NBOHSA, Regulation 91 -191, Materials Handling Equipment and Personnel Carrying Equipment — Hoisting Apparatus ". This course covers all material specified in Part XV, s 207 — s 212 of the general regulation. Training will be conducted on site at appropriate City of Saint John facilities having an installed overhead monorail crane. Delivery will include lecture and applied components. Skill will be developed in the following subject areas; Hazard Recognition, Hazard Mitigation, Inspection, Operator Record Keeping (log books), Operator Preventative Maintenance, Professional Inspection Requirements, Professional Maintenance Requirements, Safe Load Assessment, Safe Rigging Procedures, and Safe Operation. The course includes a formal examination. 75 *� 2011 Annual Water Report 31 O ace lene - Participants learn to safely operate an oxyacetylene cutting torch and how to identify and describe hazards associated with oxyacetylene operation. Professional Driver Improvement - Participants develop skills to prevent collisions by learning a positive approach to driving. Program Management - Through lecture and group work, students will learn skills in managing complex projects as Field Supervisor. Employees will learn the essential framework of project and program management, including scope, schedule, quality and cost, and will develop skill in applying this framework using tools developed by the city of Saint John. Employees will learn the distinctions between project management and program management. Objectives of this course include building skill in writing project charters, developing scope statements, developing project schedules, assigning labour, resources, and procured services, conducting risk analysis, controlling execution, reporting and project closure. Successful completion of this course is a requirement of the senior supervisory level within the Outside Workforce Career Development System. Resource Management - Participants learn the basic principles of Human Resource Management, Property Management and Financial Management. Training topics include: the City's budget process, financial reporting and analysis, inventory and purchasing procedures and fleet management procedures. Respiratory Protection — Participants learn about the types of respiratory protection equipment and how to safely use this equipment. The instructor reviews standard operating procedures and worker's responsibilities. Also discussed are: the type, selection and use of respirators, fit testing, medical evaluations as well as maintenance and care of respirators. Supervisory Training — The objective is to develop supervisory personnel by providing a series of training modules focusing on key supervisory competencies. Tag Out Lock Out — According to New Brunswick Regulation 91191, under the Occupational Health and Safety Act, workplaces must have a written lockout procedure for each machine that is cleaned, maintained, adjusted or repaired. The procedure identifies the proper steps to follow in order to safely lock out the machine. Temporary Services Install & Disinfection — Participants learn to apply safe work methods for installing and disinfecting temporary services. Training materials used include the drinking water standards, transportation of dangerous goods, backflow prevention, safe work procedures and emergency procedures. 76 2011 Annual Water Report 32 Transportation of Dangerous Goods _(TDG — Participants learn about the Transportation of Dangerous Goods Act and become legally certified to transport materials covered by this legislation. Topics include: TDG classifications, packing requirements, TDG symbols, shipping documents and dangerous occurrences. Trenching Safety - Its purpose is to teach safe trenching practices, introduce the dangers of construction excavations, the mechanics of trench cave -ins, potential hazards to workers, requirements under the Occupational Health and Safety Act, and protective systems used to avoid trench cave -ins. Vibration Analysis — Participants learn how to diagnose malfunctions in pumps, motors and related equipment with course goals including; strengthening of preventative maintenance programs, minimizing repair expenses and extending infrastructure life. Water Craft O erator - In -class safe boating course that lasts 3 hours on average. All the necessary material needed to obtain your "Pleasure Craft Operator Card" is covered. Included in the 3 hour course is a 45 minute exam which participants must pass in order to get their operator card. WHMIS (Workplace Hazardous Materials Information System) — A system in Canada that provides information on the safe use of hazardous materials in the workplace. Information is provided by means of product labels, material safety data sheets (MSDS) and worker education programs. Word 1 Assessment and Course — The user learns how to navigate in Word, enter and format text, change and move text. Work Zone Salty - This course is to protect employees from vehicular traffic passing through construction sites. It teaches control procedures, personal protective equipment, general design instructions and emergency procedures. Appendix N provides a comprehensive summary in tabular form of the Saint John Water team members who attended the various aforementioned courses during 2011. As summarized in the table below, in 2011 several members of the Saint John Water team challenged and achieved Class I, II, III or IV certification. In addition to the new certifications achieved by staff over the past year, Appendix L provides comprehensive summary of all staff certifications achieved to -date. 77 �� Ah ,- - 2011 Annual Water Report 33 Certi tcations Achieved in 2011 VJ �. _R V1 m C0 h w ed f/1 m fA a• OC VJ a• EO VJ m fA fA on CO OD w Ge c Ld rA ro EO Vi m 06 VJ an iR 2 0 fA m 6c NAME Chris Petrie ' Brenda McKinnon ' Joey St. Coeur ' Gary Arsenault • Ron MacRae • Jeremy Howley • Graham • Huddleston Harley Dickson • Adam Newman • Water i reatment, - Water Distribution, 'Wastewater Collection, 'Wastewater Treatment Operator Training — Water Treatment Condition 27 The Approval Holder shall ensure that all water treatment Operators complete the New Brunswick Community College Treatment Operation Fundamentals Program, the California State University Treatment Plant Operation (Volumes I and II) course, or an equivalent, as approved by the Director, in accordance with Water Quality Regulation 82 -126, section 19. Ms. Nicole Taylor, M.Eng., P.Eng., Operations Manager, Water Resources and Quality, is the overarching operator with direct responsible charge for both water treatment facilities and Ms. Taylor has completed the Water Quality & Water Treatment Fundamentals. Chris Petrie, Superintendent, Water Treatment Facilities has completed Water Quality & Water Treatment Fundamentals in 2011. As identified below, all water treatment operators have completed the NBCC Water Treatment Operations Fundamentals Program. In addition, all four operators have also completed the more advanced Water Quality & Water Treatment Intermediate Program. Stephen Breen Water Quality & Water Treatment Fundamentals — Completed June 2005 Common Intermediate — Completed May 2006 Water Quality & Water Treatment Intermediate — Completed December 2007 -� 2011 Annual Water Report 34 James Duke Water Quality & Water Treatment Fundamentals - Completed June 2005 Common Intermediate — Completed March 2006 Water Quality & Water Treatment Intermediate — Completed December 2007 Leroy Graham Water Quality & Water Treatment Fundamentals — Completed June 2005 Common Intermediate — Completed March 2007 Water Quality & Water Treatment Intermediate — Completed December 2007 Peter Kierstead Water Quality & Treatment Fundamentals — Completed March 2005 Common Intermediate — Completed May 2006 Water Quality & Water Treatment Intermediate.— Completed December 2007 In summary, all treatment operators meet Condition 27 of the Approval to Operate. Operator Certification — Water Treatment Condition 28ICondition 29 The Approval Holder shall ensure that the certification level of the Operator in Charge is at least equivalent to the classification of the water treatment Facilities. The Approval Holder shall employ, as a minimum, one (1) Class II and one (1) Class I Water Treatment Certified Operator (or higher). Through discussions with the DOE Drinking Water Approvals Engineer in 2008, it was clarified that Ms. Taylor being the operator with direct responsible charge of the overall water treatment system is the individual who should be certified to Class II water treatment. Ms. Taylor attained Class IV certification in 2010. Chris Petrie, Superintendent, Water Treatment Facilities has obtained Class I certification in 2011. With respect to certification requirements, as noted below, in each instance the certification level of the operator is equivalent to the system classification. As well, Saint John Water employs more certified operators than the minimum required. Saint John Water is in compliance with Conditions 28 and 29. 79 2011 Annual Water Report 35 TREATMENT Operator Name Operator Certification Level System Classification Stephen Breen James Duke Water Treatment Level II Water Treatment Level II Class II Class Il LeRoy Graham Water Treatment Level II Class II Peter Kierstead Water Treatment Level 11 Class II Operator Training - Water Distribution Condition 24 The Approval Holder shall ensure that all water distribution Operators complete the New Brunswick Community College Water Distribution Fundamentals Program, the California State University Water Distribution System Operation and Maintenance course, or an equivalent, as approved by the Director, in accordance with Water Quality Regulation 82- 126, section 19. Mr. Jeremy Howley, P.Eng., Operations Manager, Water & Sanitary Systems, is the overarching operator with direct responsible charge for the water distribution system. Mr. Howley completed the Water Distribution Fundamentals level training in January 2009. Mr. John Clack, Manager, Water Use Management has direct responsibility for water metering and backflow prevention (premise isolation). He also oversees the implementation and completion of the annual Unidirectional Flushing Program. John Clack completed the Water Distribution Fundamentals level training in January 2011. As identified below, all water distribution system operators have completed the NBCC Water Distribution Fundamentals Program and all with the exception of two have completed the more advanced Water;Quality & Water Distribution Intermediate Program. Clyde Carpenter - has completed the fundamentals training Common Intermediate — Completed spring 2007 Patrick Hogan Common Intermediate — Completed winter 2005 Water Quality & Water Distribution Intermediate — Completed spring 2007 Frederick McGrath — has completed the fundamentals training Common Intermediate - Completed winter 2005 Water Quality & Water Distribution Intermediate — Completed spring 2007 Gary Melanson — has completed the fundamentals training Common Intermediate — Completed spring 2006 :1 f 2011 Annual Water Report 36 William Melanson Common Intermediate — Completed winter 2005 Water Quality & Water Distribution Intermediate — Completed spring 2007 George Payne — has completed the fundamentals training Common Intermediate — Completed May 10, 2006 Water Quality & Water Distribution Intermediate — Completed spring 2007 In summary, all distribution system operators meet Condition 24 of the Approval to Operate. Operator Certification - Water Distribution Condition 25 /Condition 26 The Approval Holder shall ensure that the certification level of the Operator in Charge is at least equivalent to the classification of the water distribution facility. The Approval Holder shall employ, as a minimum, one (1) Class IV Water Distribution Certified Operator and one ..(1) Class III Water Distribution Certified Operator (or higher). Through discussions with the DOE Drinking Water Approvals Engineer in 2008, it was clarified that Mr. Howley being the operator with direct responsible charge of the overall water distribution system is the individual who should be certified to Class IV water distribution. Mr. Howley challenged and attained his Class IV Water Distribution in December of 2009. Saint John Water employees that have attained Class III certification in water distribution include; Mr. Frederick McGrath, Mr. Calvin MacKinnon, Mr. Mike Martin and Mr. Art Hovey. Saint John Water is in compliance with Conditions 25 and 26. DISTRIBUTION Operator Name Operator Certification Level System Classification Frederick McGrath Water Distribution Class III Class IV (for WD) (Wastewater Collection Class I Clyde Carpenter Water Distribution Class II Class N (for WD) Wastewater Collection Class I Gary Melanson Water Distribution Class II Class IV (for WD) Wastewater Collection Class II) William Melanson Water Distribution Class II Class IV (for WD) Wastewater Collection Class II) George Payne Water Distribution Class II Class IV (for WD) (Wastewater Collection Class II) c 10 ®r 2011 Annual Water Report P 37 HUMAN RESOURCES Responsible Staff Patrick Woods, CGA LeRoy Graham City Manager Certified Operator II Water Treatment Paul Groody, P. Eng. Stephen Breen Commissioner, Municipal Operations & Certified Operator 11 Water Treatment Engineering (responsible for Saint John Water) New Hire - Skilled Labourer Kendall Mason, P.Eng. Peter Kierstead Deputy Commissioner, Saint John Water 1 Certified Operator II Water Treatment Brian Keenan, P. Eng. Clyde Carpenter Engineering Manager, Municipal Certified Operator I Water Engineering Distribution/Wastewater Collection Nicole Taylor, M.Eng., P.Eng William Melanson Operations Manager, Certified Operator II Water Water Resources & Quality Distribution/Wastewater Collection Jeremy Howley, P.Eng. Gary Melanson Operations Manager, Certified Operator I Water Water & Sanitary Systems Distribution/Wastewater Collection John Clack George Payne Manager, Certified Operator II Water Water Use Management Distribution/Wastewater Collection Graham Huddleston, P.Eng. Fred McGrath Operations Manager, Certified Operator II Water Environmental Protection Distribution/Wastewater Collection James Duke Certified Operator II Water Treatment New Hires During 2011, the City of Saint John hired 9 new employees within Saint John Water operations. Each new hire is listed in the table that follows. Name Status Adam Pilmer New Hire - Skilled Labourer Devin Nesbit New Hire - Skilled Labourer Stephen Wright New Hire - Skilled Labourer Grant Harrigan New Hire - Skilled Labourer Jared Hunter New Hire - Skilled Labourer Devin Nesbit New Hire - Skilled Labourer I;i, r 2011 Annual Water Report 38 Colin Broemeling New hire — Skilled Labourer, later resigned Andrew Parsons New hire — Skilled Labourer Bruce White New Hire - Skilled Labourer Staffing Changes In addition to the new employees hired during 2011, there were numerous Saint John Water staffing changes which are summarized in the table below. Name Status Patrick Hogan Retired Frederick McGrath Retired Calvin MacKinnon Retired Gary Melanson Retired Steve LeBlanc Retired Harold Sharkey Retired George Payne Retired David Chamberlain Retired Leo Lafleur Retired Terry McDevitt Retired Paul Groody Retired Wayne Johnston Transferred out of Saint John Water to Materials Management Dale Hayward Transferred out of Saint John Water to Materials Management LeRoy Graham Promoted Certified Operator I Water Treatment to Certified Operator II Water Treatment Wade St. Coeur Resigned Steve Jorgensen Transferred from Wastewater Maintenance Specialist to Utility Services Specialist r 2011 Annual Water Report P 39 PUBLIC INFORMATION Communications During the 2011 capital construction season communication (bilingual) was regularly provided to citizens by means of weekly construction updates, an example of which can be seen in Appendix P. This information, compiled by staff in Municipal Operations & Engineering, was shared with the public via of the City of Saint John website, news releases carried in the local newspaper and by email to large distribution groups. The regular updates provide citizens with information relating to the limits of work, project start date, work to be accomplished, traffic impacts where applicable, and projected end date. In addition to the construction updates the City continued with its Work Zone Safety campaign that had been started in 2009. This consisted of bus boards reminding motorists to reduce speed and drive with caution in construction zones, an example of this advertisement can be found within Appendix R. Corporate Communications staff have provided invaluable support. In addition to regular weekly update notices there was also information regularly sent out during the summer season with respect to watermain flushing. This information is advertised regularly in the local newspaper as well as on the City of Saint John website to provide citizens with information relating to when and where the flushing is being carried out, noting that there may be some discoloration of water and providing a contact number for further information. A hydrant flushing notice is included within Appendix Q. Further to the regular public information, there are also instances where media releases or special communications are required from time to time. An example of special communications was during the boil water orders of 2011; see Appendix Q for notices issued. Appendix R provides some examples of Saint John Water media coverage in 2011. Customer Service Among the hundreds of customer requests /inquiries received during 2010, a total of 91 were related to water quality and pressure problems that were received through Service Support. Each of the 91 requests were logged as the call was received; included in Appendix S are the list of requests summarized by area (east, west, north, south) and complete with the civic address, a brief description detailing the reason for the job order and any comments relating to the issue or water quality. Additional calls were referred to the Saint John Water Environmental Laboratory. In total, the Saint John Water Laboratory responded water quality concerns at 58 locations as can be seen on each of the Customer Action Forms enclosed in Appendix S. The forms note the results of each customer analyses and the corrective action undertaken in each instance. ., 1 2011 Annual Water Report 40 COMMITMENT Saint John Water is committed to service excellence and seeks to continuously improve its operations to meet the diverse needs of its customers. However, Saint John Water has significant infrastructure challenges; old infrastructure and inadequate levels of treatment which present known and unacceptable risks to the user. The Saint John public water system was first established in 1837; the first public water system in Canada and it still has in service today major system components that date back over 155 years, well beyond their useful life. To address the present unacceptable risks, Saint John Water has developed an Action Plan for Safe, Clean Drinking Water. The Action Plan is being updated to set forth a path to renew system infrastructure, construct a modern drinking water treatment facility, reduce system demand, monitor system usage and provide necessary storage; all to assure that safe, clean drinking water will be delivered reliably and sustainably. Understanding the immeasurable value of drinking water to the community Saint John Common Council has made safe, clean drinking water its foremost priority. City Hall 15 Market Square February 9, 2012 Mayor and Common Council 15 Market Square Saint John, NB E21, 4L1 P.O. Box 1971 Saint John New Brunswick Canada E2L 4L1 ' A'A:�] City of saint John Saint John Industrial Parks Ltd. requests an opportunity to present to Common Council in closed session on February 27, 2012. There is an issue which Council should be appraised of as it wholly owns the Company. Yours Truly, Brian Irving General Manager ' Saint John Industrial Parks Ltd. (source verified) 0 51 REPORT TO COMMON U T*"1. - -r. 6. February MO.2 HRa N'Vc 4 #. I, !van Court a ild 1 > eMLera of Comr: 00 Co-an 4i''i SU F:41 : Replacement Packer Truck BA w YGRI .21ED: Cif► af spin ,jolt A previous report was prepared for Council to outline the replacement ofpacker unit 641. In that report it outlined that there is insurance coverage for the vehicle that will be covering the cost to replace the damaged unit. This report is further to that advice and outlines some additional cost indirectly related to the claim. The total of our claim is as follows: Rebuilt packer with cab and chassis $146,647.00 Salvage to obtain packer Rental Crane to remove pac'.er Transport unit to Shu Pak Total Plus non - recoverable HST Total claim $10,000.00 $11,250.00 $A50.00 $2,900.00 $1711,247.00 $5,872.74 $177,1 19.74 In dealing with our insurer and they have agreed to issue one payment to the city as follows: Amcunt payable as per policy: $167,000.00 Plus non - recoverable HST $5,727.10 Total owing from insurance $1.72,727.10 Replacement Packer True: Total costs related io claim: $177,119.74 Less proceeds 3rom insurance ($172,727.10 Net costs: $4,392.64 The insurer has deducted the recoverable HST from the proceeds as it is assumed we can be reimbursed for this portion of the HST. If for some reason we cannot be reimbursed, we would need to supply proof to our insurer and based on the policy wording, the contract is one of indemnity, they would owe the balance to the City. FINANCIAL IMPLICATIONS: The claim has resulted in minimum cost' b she city to obtain the replacement packer due to tine refurbishment of the unit with a new cab and chassis. Replacing it with a complete new unit would have incurred a cost ofan additional $55,000. As outlined in our previous report, the City is obtaining a replacement of the 2008 unit with a new 2012 cab and chassis with a rebuilt packer unit. The policy coverage applied only to the cost of replacing a packer with a new unit, the other costs are not covered under the policy but due to discussions with our insurer, an agreement has been reached which results in minimum cost overall'. There may be some other costs associated with the claim t'aat were borne internally to the City such as shop time to remove the packer and the cost to retrieve the rebuilt unit is an estimate, but for the most part, I thin'-. the City has been very successful with this claim. The insurance company issued a co- payable cheque to begin the work on the replacement, the cheque was endorsed by the City and given to the vendor (Shu -Pak) as 50% payment. The vendor has subsequently had issues with trying to deposit the cheque with their regular financial institution and while the payment has been received and processed, they are requesting that the balance owing be paid directly from the City. The insurer has already paid the vendor for $71,314.57 and is issuing a payment to the City in the amount of $91,412.53. Total invoice from the vendor was $165,711.11 leaving a balance of $94,396.54. The portion of recoverable HST associated with this part of the claim is $14,035.00 REI Cf3IlMENDA.T IO : A payment be issued to Shu -Pak for the outstanding balance of $75,332.43 plus HST of $19,064.1 for a total of $94,396.54. Replacement Packer Track Respectfully submitted, A Iaa BB Insurance sad dais, `:GA N113A of rfarncy :• jr-, 10 February 9, 2012 John Howard Society of NEW BRUNSWICK SAINT JOHN BRANCH INC. 68 Carleton Street, Saint John, New Brunswick E2L 2Z4 Telephone: (506)643 -2000 Fax* (506)649 -2006 Email: melissa.duvall @jhssj.nb.ca EXECUTIVE DIRECTOR - William Bastarache His Worship Mayor Ivan Court and Members of Common Council for City of Saint John, NB Dear Mayor Court and Members of Common Council, COMMON CLERK'S n. 1C� FEB 10 2012 CITY OFr',�!" This letter is written to inform you that a proposal has been submitted by the John Howard Society of New Brunswick, Saint John Branch Inc. to the Department of Social Development to operate a community residence for persons with a mental illness at 288 Duke Street (south). The Duke Street community residence has provided services, as a 6 -bed facility, to the same population in the past under the direction of New Directions Inc. Our agency has been in the community since 1956 and during this time we have established a solid reputation for adding value to this community by the promotion of healthy and safe communities. Since 1979 our agency has operated residential homes in neighborhoods within Saint John. Our residential homes are well supervised and the structured environment provides learning opportunities where positive communication is always present. The staff are well trained professionals that will manage the adult residents in a responsible, effective, and safe manner at all times. The specifics of the Duke Street home are as follows: The home is currently zoned for 6 adults with mental health issues. We are currently processing an application before the Planning and Advisory Committee to make the home a 7 -bed facility; • Residents will be chosen on a case -by -case basis, and will be of manageable risk with a double- staffing complement, subject to good practices in residential care and supervision; and President: Mark Hayward Vice President: Wendy Horsier Secretary: Rev. Dr. John Crawford Treasurer: David Fox •E + Residence will have a home -like atmosphere through the development of trusting, caring relationships supporting personal growth but also assure community safety through security measures consisting of curfews, room checks, logging the residents in and out of the residence, and having the residents call in to the house. The agency's community notification plan includes: • Notification of community leaders to provide relevant information pertaining to the home's operation as a responsible, accountable agency; • An open house where community neighbors are invited to the home where they will be given relevant information pertaining to the residence; and • Door -to -door canvassing informing the neighborhood residents of the new residency within their neighborhood and the date and time of an open house. We intend to work hard to be good neighbors and I assure you that our property at 288 Duke Street will be maintained and supervised like all our other residences. Should you have any further questions, I invite you to call the agency's Senior Manager of Operations, Margo Butler, BA, BSW, RSW, M.Ed. at (506) 643 -2000 or at margo.butler @jhssj.nb.ca. Yours truly, Bill Bastarache Executive Director John Howard Society, Saint John President: Mark Hayward Vice President: Wendy Horsier Secretary: Rev, Dr. John Crawford Treasurer: David Fox 91 Mayor Ivan Court Mayor's Office Bureau du maire (P4__ SAINT JOHN ----------- WHEREAS: PROCLAMATION the Loyalist City Amateur Radio Club began on February 18'h, 1937; and WHEREAS: in the early years LCARC's involvement with emergency communications was co- coordinated with the local Civil Defense group; and WHEREAS: in later years came EMO, the Emergency Measures Organization, and soon cities and towns wanted to have their own emergency communications facilities to cover their own area. In the local area LCARC helped to set up emergency operation centers for the City of Saint John, the town of Quispamsis, Provincial ECO in Saint John as well as at Point Lepreau's ECO; and WHEREAS: LCARC members also provided guidance and support to the towns of Hampton, Grand -Bay Westfield and St. Martins with organizing their emergency communications; and WHEREAS: civil defense, EMO and ARES (amateur radio emergency services) participation demonstrates the public service side of amateur radio and we see articles frequently attesting to the extent of services provided to our Community, Province and world -wide• NOW THEREFORE: I, Mayor Ivan Court O:i elt-of Saint y , John do hereby proclaim the week of February 13` , 2012 as Amateur Radio 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. P.O. Box 1971 Saint John, NB Canada E2L 4L1 I www.saintjohn.ca I C.P. 19 92 The City of Saint John Mayor Ivan Court Mayor's Office Bureau du maire (44)­ SAINT JOHN WHEREAS: WHEREAS: WHEREAS: PROCLAMATION the right to pursue the truth through free inquiry is essential to democratic decision - making; and the freedom to read is the essence of free inquiry; and the freedom to read is under assault from left to right in our society; NOW THEREFORE: I, Mayor Ivan Court, of Saint John do hereby proclaim the week of February 26t to March 3` , 2012 Freedom to Read Week in Saint John and recognize, reaffirm and defend the right of the citizens of this community individually to decide what he or she will or will not read (the freedom to read); and further in support of this decision, this Council, on behalf of the citizens of Saint John, proclaims this city henceforth a Freedom to Read Zone in which the freedom to read is inviolable. In witness whereof I have set my hand and affixed the official seal of the Mayor of the City of Saint John. P.O. Box 1971 Saint John, NB Canada E2L 4L1 i www.saintjohn.ca 93 C.P. 1971 Saint John, N. -B. Canada E2L 4L1 The City of Saint John Mayor Ivan Court Mayor's Office Bureau du maire SAINT JOHN WHEREAS: WHEREAS: `�_ 6 i PROCLAMATION the second week in February is provincially recognized as time to celebrate our heritage; and the third Monday in February is National Heritage Day in Canada; and WHEREAS: the significant heritage which we have inherited from our ancestors plays a vital role in providing a unique identity to our City; and WHEREAS: our built heritage provides us with a legacy to be handed down for the benefit and enjoyment of future generations; and WHEREAS: our heritage has played a vital role in developing the rich social fabric of our City, and will continue to provide a framework for "War and Peace in New Brunswick" NOW THEREFORE: I, Mayor Ivan Court, ( _� � — L!!^ of Saint John do hereby proclaim the week of February 13" — 20th, 2012 as Heritage Week in the City of Saint John and Monday, February 20th, 2012 as HERITAGE DAY in the City of Saint John and urge all citizens to support and participate in heritage activities occurring throughout the City. In witness whereof I have set my hand and affixed the official seal of the Mayor of the City of Saint John. P.O. Box 1971 Saint John, NB Canada E2L 4L1 I www.saintiohn.ca I C.P. 1971 Sa 94 The City of Saint John Mayor Ivan Court Mayor's Office Bureau du maire PROCLAMATION WHEREAS: the YMCA is a charity focused on community support and development. Our aim is to foster the growth of all persons in spirit, mind and body and to build healthy communities; and WHEREAS: the YMCA in Canada was established 160 years ago as a charity dedicated to the health of both individuals and communities. Our focus on inclusiveness and accessibility means we serve people f all ages, backgrounds and abilities through all stages of life. Through YMCA financial assistance programs, the YMCA is accessible to all; and WHEREAS: we see a day when more people, especially children and youth, connect with each other, give of themselves, and grow in their sense of purpose and belonging. We envision an inclusive society where everyone, regardless of their background, experiences, or circumstances, participates fully. The YMCA works towards building a community characterized by strong, supportive connections between individuals and among groups; and WHEREAS: each year YMCAs across the country raise funds through the YMCA Strong Kids Campaign. Funds generated through this annual campaign ensure that no one is denied access to YMCA programs and services. In our community over 2000 individuals are currently provided financial assistance; lr Ir 1W SAINT JOHN NOW11) THE FORE_ : I, Mayor Ivan Court, of Saint John do hereby proclaim February 15" to March 15t', 2012 as YMCA Strong Kids Month. In witness whereof I have set my hand and affixed the official seal of the Mayor of the P;+., r:, ^V Q..-* T ^h^ (?O. Box 1971 Saint John, NB Canada 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 224 immediately after Section 223 thereof, as follows: 224 The City of Saint John does hereby stop up and close permanently the following portion of highway: LUDLOW STREET: All that portion of Ludlow Street, a public street on the western side of the Harbour in the City of Saint John, County of Saint John and Province of New Brunswick, being sixty (60) feet wide, more or less, and lying between the northern sideline of Riverview Drive, formerly Water Street and Saint John Harbour. See City of St. (sic) John Survey Sheet No. 81 dated January Pt, 1926 signed by Gilbert G. Murdoch, Deputy Land Surveyor, 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. 2012 and signed by: Mayor/Maire ARRETE W 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, Farret6 de The City of Saint John intitul6, «L'arret6 sur Finterruption de la circulation et la fermeture des routes dans The City of Saint John », d6cr6t6 le 19 d6cembre 2005, est modifi6 par l'ajout de l'article 224 immddiatement apr6s Particle 223, comme suit : 224 Par les pr6sentes, The City of Saint John barre et ferme de faron permanente la portion d'une route suivante : RUE LUDLOW: La totalit6 d'une partie de la rue Ludlow, une rue publique situ&e ouest du Port dans The City of Saint John, comt6 de Saint John et province de Nouveau - Brunswick, ayant une largeur de plus ou moins soixante (60) pieds 6tant entre le c6td nord de la promenade Riverview, ant6rieurement la rue Water, et le Port de Saint John. Voir le plan d'arpentage d6sign6 City of St. (sic) John Survey Sheet No. 81, sign6 par Gilbert G. Murdoch, Arpenteur- g6ometre adjoint, dat6 du 01 janvier 1926, ci joint. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le pr6sent arr6t6 le 2012, avec les signatures suivantes : Common Clerk/Greffiere communale First Reading - Premi6re lecture - Second Reading - Deuxieme lecture - Third Reading - Troisi&me lecture - M STREET CLOSING LUDLOW STREET Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending "A By -law Respecting The Stopping Up and Closing of a Highway In The City of Saint John" at its regular meeting to be held on Monday February 13, 2012 at 7:00 p.m. to stop up and close the following portion of highway: Ludlow Street: All that portion of Ludlow Street, a public street on the western side of the Harbour in the City of Saint John, County of Saint John and Province of New Brunswick, being sixty (60) feet wide, more or less, and lying between the northern sideline of Riverview Drive, formerly Water Street and Saint John Harbour. See City of St. (sic) John Surrey Sheet 1`dc. 81 dated January 1g`, 1926 signed by Gilbert G. Murdoch, Deputy Land Surveyor, attached hereto. (INSERT PLAN) The proposed amendment and plan of the above described portion of highway may be inspected by any interested person at the office of the Common Clerk, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m. Monday to Friday inclusive, holidays excepted. Written objections to the proposed amendment may be sent to the undersigned at City Hall. If you require French services for a Common Council meeting, please contact the office of the Common Clerk at 658 -2862. FERMETURE DE RUE RUE LUDLOW Par les pr6sentes, un avis public est donne par lequel le conseil de The City of Saint John indique son intention de modifier 1'« arret6 concernant la fermeture de routes dans The City of Saint John » lors de la reunion ordinaire qui se tiendra le lundi, 13 fevrier 2012 a 19 h afm de fermer et de barrer le trongon de route suivant : Rue Ludlow : La totalite d'une partie de la rue Ludlow, une rue publique situee ouest du Port dans The City of Saint John, comte de Saint John et province de Nouveau - Brunswick, ayant une largeur de plus ou moins soixante (60) pieds 6tant entre le c6te ouest de la promenade Riverview, anterieurement la rue Water, et le Port de Saint John. Voir le plan d'arpentage design6 City of St. (sic) John Survey Sheet No. 81, signe par Gilbert G. Murdoch, Arpenteur- g6om6tre adjoint, date du O1 janvier 1926, ci joint. (INSERER LE PLAN) Toute personne interest6e peut examiner le projet de modification et le plan du trongon de route decrit ci- dessus au bureau de la greffiere communale a 116tel de ville au 15, Market Square, Saint John, N.B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours feries. Veuillez faire part de vos objections au projet de modification par 6crit a 1'attention du soussigne a 1'h6tel de ville. Si vous exigez des services franrais a la reunion de Conseil Communal, veuillez contacter le bureau de la greffi&e communale au 658 -2862. MA e 14 -9:4-riv-r txo-arw AAJ?.& o jv.1x. a II -r r. F� ; ilk 40 + 41 .1 C Id K I 'N C� Ira +- 487.r�a D U K E:� 0 -1 I h �o�Rql%—T 1=5 4 % -V T R E C T. i Ti a '16 T R r- r- T. N BY -LAW NUMBER C.P. 110 -188 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 8.2 hectares, located at 3795 Loch Lomond Road, also identified as being PID No. 00329144, from "RS -1" One and Two Family Suburban Residential to "RR" One Family Rural Residential - all as shown on the plan attached hereto and forming part of this by -law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the * day of *, A.D. 2012 and signed by: Mayor/Maire ARRETE No C.P. 110 -188 ARRATE MODIFIANT L'ARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors dune reunion du conseil communal, The City of Saint John a decrete ce qui suit : L'arrete sur le zonage de The City of Saint John, decrete le dix -neuf (19) decembre 2005, est modif.6 par: 1 La modification de 1'annexe <A>>, Plan de zonage de The City of Saint John, permettant de modifier la designation d'une parcelle de terrain d'une superficie d'environ 8,2 hectares, situee au 3795, chemin Loch Lomond, et portant le NID 00329144, de zone residentielle de banlieue — habitations unifamiliales et bifamiliales ((RS-I>> a zone residentielle rurale habitations unifamiliales «RR» - toutes les modifications sont indiquees sur le plan ci j oint et 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 2012, aver les signatures suivantes : Common Clerk/Greffiere communal First Reading - January 30, 2012 Premiere lecture Second Reading - January 30, 2012 Deuxieme lecture Third Reading - Troisieme lecture 99 - le 30 janvier 2012 - le 30 janvier 2012 PLANNING AND DEVELOPMENT / URBANISME ET DEVELOPPEMENT REZONING 1 REZONAGE Amending Schedule "A" of the Zoning By -Law of The City of Saint John Modifiant Annexe «A» de I'Arrete de zonage de The City of Saint John dp 01. Leei i+ee[ 4[. s r FROM / DE TO / A RS -1 RR One and Two Family Suburban One Family Rural Residential Residential / zone residentielle / zone residentielle rurale- habitations de banlieue- habitations unifamiliales unifamiliales et bifamiliales Applicant: Dan Estey Location: 3795 chemin Loch Lomond Road PID(s) /NIP(s) 00329144 07PC1 Drawn By /Creee Par: David Couture Date Drawn /Carte Creee: February 9 Wrier, 2012 Considered by P.A.C. /considers par le C.C.U.: January 17 Janvier, 2012 Enacted by Council /Approuvs par le Conseil: Filed in Registry Office /Enregistre le: vy- avv THM I 0 tr. I 100 10.2 (a) BY -LAW NUMBER C.P. 110 -187 A LAW TO AMEND THE ZONING BY -LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: The Zoning By -law of The City of Saint John enacted on the nineteenth day of December, A.D. 2005, is amended by: 1 Amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 460 square metres, located at 67 Loch Lomond Road, also identified as being PID Nos. 00317610 and 55201347, from "R -2" One and Two Family Residential to "R -4" Four Family Residential pursuant to a resolution under Section 39 of the Community Planning Act.. - all as shown on the plan attached hereto and forming part of this by -law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the * day of *, A.D. 2012 and signed by: Mayor/Maire ARRETE No C.P. 110 -187 ARRETE MODIFIANT L'ARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une reunion du conseil communal, The City of Saint John a decret6 cc qui suit : Uarrete sur le zonage de The City of Saint John, decr6t6 le dix -neuf (19) decembre 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 d'une superficie d'environ 460 metres carr6s, situ6e au 67, chemin Loch Lomond, et portant les NID 00317610 et 55201347, de zone r6sidentielle — habitations unifamiliales et bifamiliales «R -2» ii zone residentielle — habitations de quatre logements <<R -4» conformdment a une resolution adoptde par le conseil municipal en vertu de Particle 39 de la Loi sur l'urbanisme. - toutes les modifications sont indiquees sur le plan ci joint et font partie du present arret6. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le pr6sent arretd le 2012, avec les signatures suivantes : Common Clerk/Greffiere communale First Reading - January 30, 2012 Premiere lecture - le 30 janvier 2012 Second Reading - January 30, 2012 Deuxi6me lecture - le 30 janvier 2012 Third Reading - Troisieme lecture 101 PLANNING AND DEVELOPMENT / URBANISME ET DEVELOPPEMENT REZONING 1 REZONAGE Amending Schedule "A" of the Zoning By -Law of The City of Saint John Modifiant Annexe «A» de I'Arrete de zonage de The City of Saint John IV. Woodlawn Av. a Y Q u 9, m gg P Kq At,a4 P oa N �o O� O .E O E� O f� �. 0 a 00 FROM / DE TO / A R -2 R-4 One and Two Family Residential Four Family Residential / zone residentielle- habitations / zone residentielle- habitations unifamiliales et bifamiliales de quatre logements Pursuant to a Resolution under Section 39 of the Community Planning Act * Conformement a une resolution adopt&e par le conseil municipal en vertu de I'article 39 de la Loi sur Purbanisme Applicant: Comeau Mackenzie Architecture Location: 67 chemin Loch Lomond Road PID(s) /NIP(s) 55201347 & 00317610 06N99NE Drawn By /Creee Par: David Couture Date Drawn /Carte Creee: February 9 Wrier, 2012 Considered by P.A.C. /considers par le C.C.U.: January 17 janvier, 2012 Enacted by Council /Approuve par le Conseil: Filed in Registry Office /Enregistre le: By -Law # /Arrete #: 102 O Section 39 Conditions That pursuant to the provisions of Section 39 of the Community Planning Act, the proposed rezoning of a parcel of land with an area of approximately 460 square metres, located at 67 Loch Lomond Road, also identified as being PID Nos. 00317610 and 55201347, be subject to the following conditions; a) That the use of the property be limited to a maximum of three dwelling units; and b) That prior to the issuance of a building permit for the proposal, a detailed off - street parking plan for the subject site be prepared by the proponent subject to the approval of the Development Officer. 103 City Hall 15 Market Square February 10, 2012 Your Worship Mayor Ivan Court & Members of Common Council: Issue: Pension Reform Advocacy Plan Context: P.O. Box 1971 Saint John New Brunswick Canada E2L 4L1 r2 City of Saint john Pension reform can be seen as the most critical issue facing the Saint John community at the present time. Numerous community stakeholders have been negatively affected due to reform not being implemented. • Mayor /Council, Saint John MLA's, UNB Saint John, Enterprise Saint John, Saint John Board of Trade, the board of PRO Kids, the Arts Community, Human Development Council and others now need to speak up in an organized and professional manner. Motion: That through the City Manager, the appropriate City of Saint John staff develop an action plan for the Saint John community to advocate for Pension Reform from the Province of New Brunswick. Resp Ily submitted, Peter c ire Councillor — City of Saint John 104 City Hall 15 Market Square February 10, 2012 Your Worship Mayor Ivan Court & Members of Common Council: Issue: Pension Reform Advocacy Plan Context: P.O. Box 1971 Saint John New Brunswick Canada E2L 4L1 r2 City of Saint john Pension reform can be seen as the most critical issue facing the Saint John community at the present time. Numerous community stakeholders have been negatively affected due to reform not being implemented. • Mayor /Council, Saint John MLA's, UNB Saint John, Enterprise Saint John, Saint John Board of Trade, the board of PRO Kids, the Arts Community, Human Development Council and others now need to speak up in an organized and professional manner. Motion: That through the City Manager, the appropriate City of Saint John staff develop an action plan for the Saint John community to advocate for Pension Reform from the Province of New Brunswick. Resp Ily submitted, Peter c ire Councillor — City of Saint John 105 City Hall 15 Market Square February 3, 2012 Your Worship Ivan Court Members of Common Council City of Saint John P.O. Box 1971 Saint John New Brunswick Canada E2L 4L1 Dear Mayor Court and Members of Council, 771101 City of Saint John Motion: The City Manager, with any necessary resources, report expeditiously to council on the process to transition our pension plan to a defined contribution plan. I realize that this has very limited short term effect on our financial situation, however to protect the city from future uncertainties and further financial disasters we need to investigate this option. This pension plan has put the city is an enormous financial hole; it's time to stop digging. Respectfully Submitted, (Received via email) Gary Sullivan 106 City Hall 15 Market Square February 3, 2012 Your Worship Ivan Court Members of Common Council City of Saint John Dear Mayor Court and Members of Council P.O. Box 1971 Saint John New Brunswick Canada E2L 4L1 City of Saint John Motion: The City Manager, no later than our last meeting in March, deliver a detailed budget plan for the "worst case scenario" that the province does not approve pension reform. The budget that we recently passed does not fully account for a lack of pension reform. It does get the city started down that path to reduce the risk, but we must be fully prepared for the potential outcome that pension reform does not pass the provincial legislature. Respectfully Submitted, (Received via email) Gary Sullivan 107 City Hall 15 Market Square February 3, 2012 Your Worship Mayor Court, and Common Council, P.O. Box 1971 Saint John New Brunswick Canada E2L 4L1 -Ift "1A City of Saint John Events of February 1st, 2012 clearly demonstrate that our attempts to bring forward a responsible budget have fallen short of what is required. The best interests of the City of Saint John cannot continue to rest on half measures or no measures at all. It is critical that Council act swiftly to reign in our bourgeoning, unsustainable costs. As difficult and unpleasant as it is, Council must identify another 6.4 million dollars in our budget to allocate to pension obligations. There is no question that the reduction of essential and front -line services will prove a higher cost to our citizenry than the dollar amounts reflect. Such cannot, must not, be further negatively affected. Reviewing our documents, it is apparent that, relatively speaking, City Hall proper has been left comparably unscathed by Council's implemented cost reductions. I therefore, with heavy heart but warranted prudence, make the following: MOTION: That the City Manager be directed to find, post haste, 6.4 million dollars in cost reductions from departments in City Hall proper. These must be done exclusively with the public interest foremost in mind. By this I mean there should be no further reductions to the Planning and Development Department or Inspection and Enforcement Services. Or, if it is the wish of Council, MOTION; That Council form a committee of Council , forthwith, tasked with recommending 6.4 million dollars in cost savings from the departments of City Hall proper; these to have the least negative impact on our Saint John citizenry . This committee must acknowledge that further reductions to the Planning and Development Department or the Building and Enforcement department cannot be entertained as in our citizens' best interest. Expedience is crucial for the greater good as circumstances, unfortunately, clearly indicate. Respectfully, (Received via email) Councillor Patty Higgins 1: REPORT TO COMMON COUNCIL M &C2012 -29 February 9, 2012 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council: 77.7 The City of Saint john SUBJECT: Contract 2011 -27: Chesley Drive — Sanitary Lift Station 10A, Force Main & Sewer INTRODUCTION Saint John Harbour Clean -Up is about good health, clean waterways and quality of life. City of Saint John wastewater treatment and collection systems are being enhanced to protect people and the natural environment, and to help sustain institutions and the economy. Substantial progress has been made in the wastewater service. The purpose of this report is to recommend award of the contract for the construction of Chesley Drive — Sanitary Lift Station 10A, Force Main & Sewer. I MTO "{oI "Tel 0 zl F� The Harbour Clean-Up Program is comprised of two major project components, the Eastern Wastewater Treatment Facility and a Wastewater Collection System. Construction on the Eastern Wastewater Treatment Facility is substantially complete and the facility is in operation. The design work for the Wastewater Collection System is continuing with the following projects tendered and constructed: Bayside Drive Sanitary Forcemain Phase 1 and Phase 2, Monte Cristo Lift Station #34, Red Head Road Lift Station #1, Red Head Road Lift Station #50, Bayside Drive Lift Station #2, Newmans Brook Sewer Separation, Spar Cove Pumping Station #22, Harbour Station Lift Station #10 and Riverview Avenue Lift Station #30. Crown Street Lift Station #8, Bridge Street Lift Station #23 and Milford Road Lift Station #32 are scheduled to be completed by June 2012. Tippett Drive Lift Station #33 is scheduled to be completed by August 2012. TENDER RESULTS Tenders closed on February 1, 2012, for the Chesley Drive — Sanitary Lift Station 10A, Force Main & Sewer project with the following results: 1. Fairville Construction Ltd., Saint John, NB $3,739,000.50 2. Dexter Construction Company Ltd, Bedford, NS $3,825,035.54 3. Gulf Operators Ltd., Saint John, NB $4,128,642.68 4. Galbraith Construction Ltd., Saint John, NB $4,722,196.78 The Engineer's estimate for the work was $4,590,208.82 109 M &C2012 -29 February 9, 2012 Page 2 ANALYSIS The tenders were reviewed by staff and all tenders were found to be formal in all respects. Staff is of the opinion that the low tenderer has the necessary resources and expertise to perform the work, and recommend acceptance of their tender. FINANCIAL IMPLICATIONS The Contract includes work that is charged against the Water & Sewerage Utility Fund Capital Program. Assuming award of the Contract to the low tenderer, an analysis has been completed which includes work that will be performed by City forces and others. The analysis concludes that a total amount of $4,014,800.00 was provided in the budget to complete the construction of Lift Station 10A, force main and sewer. The projected completion cost of this Contract is estimated to be $3,733,745.99 including the City's eligible H.S.T. rebate, a $281,054.01 positive difference. To date, the cumulative amount committed through award of Harbour Clean-Up Program projects is $85,415,516.77 including the City's eligible H.S.T. rebate. The overall total estimated cost of the Harbour Clean -Up Program as reported to Council on September 28, 2009 (M &C 2009 -318) is $99,400,000 including the City's eligible H.S.T. rebate. POLICY — TENDERING OF CONSTRUCTION CONTRACTS The recommendation in this report is made in accordance with the provisions of Council's policy for the tendering of construction contracts, the City's General Specifications and the specific project specifications. RECOMMENDATION It is recommended that Contract No. 2011 -27: Chesley Drive — Sanitary Lift Station 10A, Force Main & Sewer be awarded to the low tenderer, Fairville Construction Ltd., at the tendered price of $3,739,000.50 as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Respectfully submitted, Brian Keenan, P. Eng. Engineering Manager 110 J. Patrick Woods, CGA City Manager REPORT TO COMMON COUNCIL OPEN SESSION M &C2012 -22 February 6, 2012 His Worship Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT Demolition of a hazardous building at 1355 Golden Grove Road (PID 53371) BACKGROUND City of Saim John The building at 1355 Golden Grove Road is a dilapidated, one - storey, single - family residence. The dwelling has been vacant for an extended number of years and has been left unattended to the point where a portion of the structure has become unsound. The most critical issue is the collapsing front porch of the building. The front support posts for the porch have deteriorated and are falling away from the building and as such, the porch has collapsed along the front of the house. This has left a pile of debris and rubbish on site that presents a safety hazard to anyone who may trespass on the property because the debris has sharp, protruding objects that could cause someone harm if they were to come in contact with the materials. Additionally, the support for the porch roof is no longer sufficient and at some point the porch roof may collapse. Disturbing the area and the debris near the front of the building could trigger such a failure and this would be a danger to anyone who may be in close proximity. The building has been left open for an extended period of time and access can be gained through several large window openings at the front, side and back of the building. The interior has been left exposed to the elements over many years and this has accelerated building's deterioration. The sills of the building have rotted in some locations and the roof shows signs of sagging at the midpoint, which could be an indication of further structural concerns. The building is dilapidated with the roof, cladding, sills and remaining windows in severely deteriorated condition. The dilapidated building poses an unsightly condition and may devalue properties in the area, and the vacant building may attract unwanted attention which could include vandalism, arson and/or criminal activity. Vacant buildings that are open to casual entry pose a hazard to the safety of the public by reason of being vacant or unoccupied. 111 M & C 2012 —22 - 2 - February 6, 2012 Due to conditions outlined above, a Notice to Comply was prepared. Ownership of the property is complex, as the registered owner is deceased. Through a search conducted by the City Solicitor's Office, it was determined that two relatives of the deceased and their heirs hold an interest in the property and thus these two parties were contacted and subsequently each served with a copy of the Notice to Comply as mentioned above. The services took place on November 19, 2011 and November 30, 2011. The building was also posted with the Notice on November 4, 2011, which is also considered acceptable service under the Municipalities Act. With all identified parties served with the Notice, compliance was required within 60 days of service; therefore on before January 30, 2012. The owners had 14 days to appeal the Notice; however, no application was received. A compliance inspection conducted on February 6, 2012 revealed that no remedial actions have been undertaken. Attached for Council's reference are the results of the title search conducted by the City Solicitor's Office, the Notice to Comply that was issued and the affidavits attesting to service of the Notice to Comply to all involved individuals, as well as an affidavit attesting to the building's posting. Also included with this report are 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 building 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, structural unsoundness, vacancy, and resulting 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 $7, 000 - $12, 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 and will be sent to all associated individuals. 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 1355 Golden Grove Road, in accordance with the applicable City purchasing policies. 112 M & C 2012 —22 - 3 - February 6, 2012 Respectfully submitted, Pamela Bentley, P.Eng. Technical Services Engineer Buildings and Inspection Services VI Wm. Edwards, P.Eng. Commissioner Buildings and Inspection Services Patrick Woods, CGA City Manager 113 a \ _ A , Cl u m � coi 0 oP 4-1 o a E i P %y s 114 E MATTER OF A PROPERTY SITUATE IN THE CITY OF SAINT JOHN, MW BRUNSWICK, IDENTIFIED BY SERVICE NEW BRUNSWICK PROPERTY IDENTIFIER (PID) 53371, DESIGNATED 1355 GOLDEN GROVE ROAD, BY MUNICIPAL AUTHORITIES CERTIFICATE REGARDING TITLE I, LYNDA D. FARRELL, of the City of Saint John, in the County of Saint John and Province of New Brunswick, Barrister and Solicitor, do hereby certify that: 1. I am a solicitor employed by The City of Saint John in the City Solicitor's Office. 2. I am a member in good standing of the Law Society of New Brunswick and the Saint John Law Society. 3. Attached hereto as Schedule "A" is a photo - reduced copy of a Deed whereby George E. Duffley and Catherine L. Duffley, his wife, purport to convey to Mildred B. Horgan the freehold title to the parcel of land described in the said Deed. The Deed dated September 19, 1928 was registered in the Saint John County Registry Office on September 22, 1928 in Book 193 at Page 333 as Number 112083. 4. 1 have searched or caused to be searched the grantor indices in the said Registry Office (Service New Brunswick) from 1925 to September 21, 2011 and have determined the following: 1) By her last will and testament dated June 29, 1954 Mildred B. Horgan did, inter alia, "3. I give, bequeath and devise my land with the cottage thereon located at Golden Grove, Saint John's County, Parish of Simonds, New Brunswick, Canada, to Kenneth L. Horgan, aforesaid, IN TRUST, HOWEVER, upon the trusts and for the objects and purposes following, to wit: (a) Said trustee, or his successor in trust, shall hold, manage and control such property during the continuance of the trust with power as to real estate to improve, lease, rent, mortgage, sell, exchange and convey the same, or any part thereof, for such prices or rents, and upon such terms and conditions as my trustee in his sole discretion may deem best, including the power to lease for any terms, irrespective of the period of trust; and as to the personal property, to hold, control, , invest and reinvest the same in such manner as my trustee may think best, with full power of converting realty into personalty, and personalty into realty. The power to mortgage or pledge the property, or to borrow money is hereby given. My trustee shall have full power to compound, compromise and adjust all 115 -2- claims and demands in favour of or against the trust estate, upon such terms and conditions as he may deem best, and to execute and deliver all proxies, powers of attorney, agreements, deeds, and other instruments, which he may deem necessary or advisable in the administration of said trust. (b) All of such trust fund shall be taken to be held for the use and bennedfit O my grandchildren, Richard F. Murphy and Barbara H. Murphy, an my trustee shall use the income therefrom for their care, support and education in his sole discretion, provided, however, that any ran and of the ipr of the of said trust fund shall be used for such care, support income be insufficient for such purposes. (c) In no event shall the term of the aforementioned trust last after the younger of the aforesaid Richard F. Murphy and Barbara H. Murphy reaches the age of twenty -five years, and I expressly direct that the properties in trust be vested in and belong �eh�said Richard f all trust wand and Barbara H. Murphy, m � h attains the age of twenty-five equities, when the said Barbara H. Murphy years. (d) I request that my aforesaid trustee be exempt from furnishing any surety or sureties on his official bond as such trustee. This devise does not include the vacant land of eighty (80) acres, more or less, in Golden Grove aforesaid." A certified copy of the said last will and testament being recorded in the aforesaid Registry Office on August. 15, 198 8 in Book 1301 at Page 521. 2) Richard F. Murphy died February 19, 1995, intestate leaving surviving as his sole heir and next of kin, his wife Jane Scriven Murphy and children, James R. Murphy, stSc E. Spinazola and Kara Lee Laroche; t esc particulars contained in a ule D to a Deed registered in the aforesaid Registry Office on January 13, 2003 as Number 15693618. 5. A 411.com computer search made September 22, 2011 provides the following information: Barbara H. Murphy 7081 Gail PI Colorado Springs, CO, U.S.A. 809020 -3581 116 -3- Jane S. Murphy 6 Bridlefield Ln Medford, MA, U.S.A. 02052 -3345 Krista E. Spinazola 8 Flynn Rd Franklin, MA, U.S.A. 02052 -3345 Kara L. Laroche 6 Bridlefield Ln Medford, MA, U.S.A. 02052 -3345 James R. Murphy 143 Lincoln St Needham, MA, U.S.A. 02492 -2935 6. The real property taxes are outstanding in the total amount of $1,686.31 (2011 levy is $512.10). Attached hereto as Schedule `B" is a Tax Certificate issued September 22, 2011 in this respect. 7. Title to the Property has not been registered under the Land Titles Act. DATED at Saint John, New Brunswick on September 22, 2011. da el 117 B ' Tor. 1 The City of Saint John k LR?~P 134N9503 2835 Tiretexes ardpe nehiasauhWto tIleProv]noeWmtherealprcpatY cf: Name HORGAN,141LDRED B EST-..... Nat► C/O BARBARA -Ii., KIRPI3Y Ad}em p0 BOX 25232 Adem CoLoRAm SPRINGS Gt7 80936 A�$ GOLDEN GROVE dtwd sihr6e> �•� �-- Aooant Nurilc p ant le odeomVedesbierrs 01588077 udrtheRedpropertyTaxAdme (2011 LEVY $ �rtfaitrE�ra7ri i! laLoi sus l'in�r8t forrcier sat AsalcoftheprapatY 3 :;I Iu•_ J (1) Lis; mp8tsetpa�alirfsaa8laprovinoeartapsn�iFt�fariaea� andcisa9lladas CC(ITAGF & LOT et d3ait ournm 512.10 INCL.) $1,686.31 (2) Lrp rpri&h ❑has a hasnot a n'apas it,r verdr poor hrp8ts en application des dspc>sEOM de la Lo] ar I'im foxier dam les 30 jous Q0606cbrrc la date der psd9unt oatifirat. Les faits is i d5clar¢s sort ftxt t&s d � Viers rrteuttens err (3) appliatial & la Lai err 1'irrrpbt fancier moms 7--l' dunW aphis 1'46rms4on duptdsesrt oatifirat "'W' rrt m modficatim it ]'&'Alaticn dr la psopriad en grstiar c mfcun(n ent apt &positions de la l_oi err I, ahjtion ou de la Lai sus le &07- vV erd a]rrpots applicables a- tdsidmor, ou a la suite d'cn paiernat d&hd carrim dtant non bew held for taxes trrdes' the provisk- of the heal Property Tax Act within 30 days prior to the date of this ODdificAc- The facts harts erne as they adacd wcordng to the reoor& kept -Xkr the Real Property Tax Act: however the facts stray drag atbwq=tt to the isstrerroe of this Certificate, es a revit of a dratrg; in the art of the Ae t property pxmut to theprovisicmoftheA�rnart Act or the 1 mdda tial Property Tax Rehef.Act, cr as a reslrit of a payment beix%dmgxlback as non- neWtiadm This G tific g is i•stndirr accardmoe, with the provis]orrs of the Real Le prdmtt certiSrart el amis en vertu des &VOsitimrs de 1a L.o] str 1'irrp fancier. Property Tax Ad. ]road at F we Act. in the Qwrty of York, in the Province of New Fait a A'ederietom darts le co"d & York et provh= d, is a ear Bmraokk cc Bh=Wid, this Y A M M D J 2011 09 22 \ •\ Fkr DEYAI I�TIOF1r7NANL p &TAXATIONUr.4SJON par W �DcS� DIVE9[ONDUMMUF= I]EL'IIV1p81 118 tAP Per n Pace 9 of i CANADA PROVINCE OF NEW BRUNSWICK COUNTY OF SAINT JOHN CITY OF SAINT JOHN AFFIDAVIT OF SERVICE RECEIVED DEC 16 200 B!}{ ING INSPECTION I, 02-ok o of the City of Sosfor, in the County of and State of eoggg tvsghl s MAKE OATH AND SAY AS FOLLOWS: 1. On the � day of �]/aydr„b�.r , 2011, I served 4 with the following documents: • a Notice to Comply, attached hereto as Exhibit "A"; • a Notice of Appeal, attached hereto as Exhibit "B"; by leaving a copy with hira / her at ,�tl MA in 6xnd 2. I was able to identify the person served by means of the fact that he / she acknowledged to me he,/ she was Jn 4aef Je »s S. &4044v.,, aAW AW 4 ril er W/ A M Sworn To before me at 544ro/ nb on the d y of 2011 R R &W61 +ofr useas eNnn Darittdrl m avime i. Ust 11, 2017 119 FORM 1 NOTICE TO COMPLY (MunicipawlesAct, RS.N.B. 1973, e.M -22, 9.190.01(3)) Parcel Identifier: 53371 FORMULE 1 AVIS DE CONFORMPI'l; (Loi sur les municipali'tds, L.R.N. -B. de 1973, ch. M -22, par, 190.01(3)) Nam6ro d' identification de In parcelle : 53371 Address: 1355 Golden Grove Road, Saint John, Adresse : 1355, chemin Golden Grove, Saint New Brunswick John, Nouveau - Brunswick Owner(s) or Occupier(s): Name: Horgan, Mildred B. Estate Address: P.O. Box 25232, Colorado Springs, Colorado, United States, 80936 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 (the "By-law'). 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 premises are unsightly by permitting rubbish and a dilapidated building to remain on the premises. The building has become a hazard to the safety of the public by reason of being vacant or unoccupied, and, has become a hazard to the safety of the public by reason of dilapidation and unsoundness of structural strength, The conditions of the building and premises are described in Schedule "A ", a true copy of the inspection report dated November 1, 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 may be demolished as the corrective action to address the hazard to the safety of the public and the premises may be cleaned up. In the event of demolition, 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. Propri6taire(s) ou occupant(s) : Nom: Horgan, Mildred B. Biens Adresse : Case postale 25232, Colorado Springs, Colorado, hats -Unis, 80936 Municipality signifrant I'avis : The City of Saint John ArrW enfreint : Arreti concernant les bdtiments inesthetiques ou dangereux de The City of Saint John, Arr8t6 num6ro M -30, ainsi que ses modifications ci- affdrentes (i' « Arr8t6 >>). Dispositiou(s) enfreinte(s) : Las paragraphos 190,01(1)(a), 190.01(1)(d), 190.01(1,1) et 190.01(2) de la Loi sur les municipalttds, ainsi que leg modifications aff6rentes. Description de la (des) condition(s) : Les lieux sont inesthdtique on permottant la prdsenoc de detritus et du fait de la pr6sence d'un batiment d61abrC Le bl;timent cat devenu dangereux pour la s6eurit6 du public du fait de son inhabitation ou de son inoccupation et, eat devenu dangereux pour is sdcurM du public du fait de son ddlabrement et de son manquo de solidit6. Les conditions du btitiment et des lieux sont d6crites iti 1'annexe u A », une oopie conforme du rapport d'inspection en date du 1 novembre, 2011 of pr6par6 par Stewart Handrahan, un agent charg6 de 1'ex6cution des arrdt& municipaux of r6visd par Pamela Bentley, ing„ une agente charg6e de Vex6cution des arr8t6s municipaux. Mesure(s) d prendre : La propridtaire doit restaurer leg conditions en se conformant aux recommandations du rapport d'inspection susmentionn6 et d'amener to b&timent et leg lieux on conformit6s avec I'Arr&6. Dans 116ventualit6 que la propridtaire ne rem6dient pas le b3timent et leg lieux dans to temps prescrit par le pr6sent avis de conformit6, le btitiment pourront 8tre d6molis comme mesure corrective cornpte tenu qu'il represents un danger pour In s6curit6 du public at leg lieux pourront &re nettoy& Dans 116ventualit6 de d6molition, tous leg debris et autres items sur leg lieux seront dispos6s comme mesure corrective dans to but de remMer le danger pour la sdcurit6 du public. The aforementioned remedial actions relating to the Les mosures correctives susmentionnfes relativemont demolition of the building and the disposal of debris and d [a d6molition du blitiment et la disposition des debris items on tho promises do not include the carry-out clean- et autres items sur leg lieux ne compronnent pas le 120 up, site rehabilitation, restoration of land, premises or personal property or other remedial action in order to control or reduce, eliminate the release, alter the manner of release or the release of any contaminant into or upon the environment or any part of the environment. Date by which the remedy or remedies must occur: r a) The demolition of the building, clean -up of the property and related remedies must be complete, or plans and permit applications for repair related remedies, must be submitted: within 60 days of being served with the Notice to Comply. b) The repair related remedies must be complete: within 120 days of being served with the Notice to Comply. Date by which notice may be appealed: Within 14 days of being served with the Notice to Comply. Process to appeal: The owner may within 14 days after having been served with this Notice to Comply, send a Notice of Appeal by registered mail to the Common Clerk of The City of Saint John, City Hall — Wh Floor, 15 Market Square, Saint John, New Brunswick, F2L 4L1. Potential penalty for non - compliance within specified tlme:2 Paragraph 190.03(1) of the Municipalities Act 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 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, or cause 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. nettoyage, Ia remise en 6tat des lieux, des terrains ou des biens personnels ou toute antic mesure corrective daps le but de contr8ler ou de r6duira, d'61iminer le dkversement, de modifier le mode do d6versement ou le d6versement d'un polluant dans ou sur l'environnement on toute partie de 1'environnement. Date it laquelle to ou les mesures doivent itre prisesi : a) La d6molition du bbtiment et le nettoyage des lieux doivent tare compl&66s, ou A laquelle les plans of demande de permis pour les mesures des r6parations, doivent etre soumises, daps les 60 joursqui suivent la signification de ]'avis de conformit6. b) Les r6parations reli&A aux mesures doivcnt titre comp16t6es dans les 120 jours qui suivent la signification de I'avis de conformit6. Date 6 laquelle un appel de Pavis pout itre dipose: Dana les 14 jours qui suivent la notification de ]'avis de oonformit6. Processus d'appel : La propri6taire peux dans les 14 joursqui suivent la notification de ]'avis de conformit6, envoy6 un avis d'appel par eourrier recommand6 i la greffibre communale de la municipalit6, A The City of Saint John, Edifice de I'hdtel de ville, 8' 6tage, 15 Market Square, Saint John, Nouveau - Brunswick, E21, 4L1. P6nalit6 possible pour non- conformit6 daps le d61si prescrlti : Le paragraphe 190.03(1) de la Lai sur les municipalltds pr6voit quiconque omet do se conformer aux exigences formul6es dens un avis de conformit6 notifi6 aux termes de Particle 190.011 de ladite loo commet une infraction qui eat punishable en vertu do la Partie 11 de la Loi sur la procddure applicable aux Infractions provinciales A titre d'infraction de la classe F. Lorsqu'une infraction pr6vue au paragraphe 190.03(1) se poursuit pendant plus d'une joum6e, 1'ameade minimale qui pout titre imposee est Famende minimale pr6vue par la Lai sur la procddure applicable aux Infraction provinciales pour une infraction de la classe F multipliee par le nombre de jours pendant lesqueis ]'infraction se poursuit conform6ment A 1'alin6a 190.03(1.2)(b)(i). Pouvoir de la municipallt6 d'entreprendre les r6parations ou de prendre les mesures3 : Conform6ment aux alin6as 190,04(lxa), 190.04(t)(a,1) et 190.04(1)(b) do la Lai sur les municipalitds, si un avis de conformit6 a 6t6 signifi6 aux termes de ['article 190.011 de ladite [oi et, que le propriitaire on ]'occupant no se eonforme pas A cat avis de conformit6 dans le d61ai impard et tel qu'il est r6put6 confum6 on tel qu'il est confirm6 ou modifi6 par un comit6 du eonseil ou par un juge en vertu de Particle 190.021 de ladito loi, la municipalit6 pout faire nettoyer ou r6parer les lieux de ce propri taie ou de cot occupant ou de faire r6parer ou d6molir la propri6t6 de ce propri6taire ou do cot occupant, et les frais relatifs A 1'ex6cution de ces travaux, y compris toute redevance ou tout droit aff6rent, sont A la charge 121 �J Dated at Saint John the 3 day of November, 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, ICP Floor P. O. Box 1971 Saint John, New Brunswick E21, 4L1 Telephone: (506) 658 -2911 Telecopier: (506) 632 -6199 Email: stewart.handrahang Seal of municipality 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. du propri6taire ou de ]'occupant et deviennent une erdance de la municipalit6. Fait 6 Saint John le — novembre, 2011. Municipality: The City of Saint John Signature du reprdsentant municipal: Coordonn6es du repr6sentant municipal: Nom : Stewart Handrahan Adresse postale: D6partement aux services d'inspection et des b8timents The City of Saint John 15 Market Square tdifice de Ph8tel de villa, 10° dtage Case postale 1971 Saint John (Nouveau- Brunswick) 1321, 4L1 Telephone: (506) 658 -2911 T616copicur : (506) 632 -6199 Courriel: stewart.handrahan @saintjohn.ca Sceau do la municipand Notes 1. Tous les permis preacrits doivent etre obtenus et toutc In 16gislation patinente doit 8tre respectee, pendant I'exbcution de In mesure de recours. 2. Le paiement de 1'amendc n'annule pas ]'obligation de respecter Parr&&, Is norme ou 1'avls de conformitt. 3. Les coats deviennrnt une dene cnvcrs Ia municipalit6 et peuvent etre ajout6s is I'avis d'6valuation ct d'imp6t fancier municipal et provincial. 122 INSPECTION REPORT Schedule "A" 1355 Golden Grove Road Saint John, New Brunswick PID# 53371 Inspection Date: August 24, 2011 Inspector: Stewart Handrahan 1-noreby cat€fy that this W" document is a true copy opft ari$inal. ;, Dated at Saint john t tbks Lday Of_,_..�,.. AlAl top 2QJ�t, _011. Introduction An inspection of the property noted above has revealed that the only building on the property is unsightly, vacant and unoccupied, dilapidated, and structurally unsound. The one - storey building is of wood frame construction and has been vacant since on or before November 19, 2007. The building is said to be vacant for many years prior to 2007, but it cannot be confirmed exactly when it became vacant as it was not documented. 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. There is a large heap of rubbish from the collapsed front porch that remains on the premise that has created an unsightly condition. 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. The building is unsightly due to its dilapidation. The building is dilapidated for reasons described in the section below called "Dilapidated and Structurally Unsound ". 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 is a hazard to the safety of the public by reason of being vacant or unoccupied for the following reasons: 1. The building has been left vacant and abandoned for an extended period of time. A building that is in a dilapidated condition and that is left unsecured from public entry could attract vandalism, arson, or criminal activity. Vandalism, arson, or criminal activity could devalue properties in the area and could pose a hazard to the safety of the public in the surrounding area. 2. The building is not secure from public entry and has not been secured in the past. If members of the public were to enter the building it could pose a hazard 123 to their safety since the building is hazardous, especially near the front porch area where the porch has collapsed and the rubbish remains on the premise. 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 -taw 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. Dilapidated and Structurally Unsound 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 structural strength. The building is a hazard to the safety of the public by reason of dilapidation for the following reasons: 1, There is broken glass in many of the windows and on the ground near the building. The broken glass poses a hazard to the safety of the public because it could cause personal injury. 2. With many of the windows being leis open for an extended period of time, the elements such as wind, snow, and rain have been allowed to infiltrate the interior of the building causing deterioration to progress at an accelerated rate. 3. Exterior cladding is deteriorated and paint is peeling and therefore the cladding is not properly protected from the elements. 4. The sills on both sides and the front of the building are rotted due to excessive exposure to the elements. 5. The roof is in very poor condition and as such the interior of the building is not properly protected from the elements. The building is a hazard to the safety of the public by reason of structural unsoundness for the following reasons: 1. The front porch that was attached to the building has collapsed. Since its collapse it no longer sufficiently supports the roof above it, and if it were to further collapse the roof could fail and cause personal injury to anyone within the vicinity of the porch. For this reason, the entire front porch area poses a hazard to the safety of the public. 2. The roof is visibly deflecting inward at its mid -span thus indicating either improper structural support of the roof system or settlement of the foundation and structure which supports the roof. 2 124 Required Remedial Actions: The owner 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 asfollows: 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. The repaired building must meet the National Building Code of Canada (2005) and any other applicable codes. 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.P. 101 and amendments thereto. 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, acts, codes 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 being vacant and unoccupied, and by reason of dilapidation and unsoundness of structural strength. 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, and amendments thereto 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, 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 comply with all applicable by -laws, acts, and regulations. 125 Prepared by: Tabs+ Stewart Handrahan, EI'T Date Standards Officer Buildings and Inspection Services Department Reviewed by: -e,&. 90Th -t mil Pamela Bentley, P. Eng. Date Technical Services Engine Buildings and Inspection S ices Department 126 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 D'APPEL FORMULE 1 (Loi sur les municipalitis, L.R-N: B. de 1973, ch. M -22, par. 190.021(1)) W du dossier ; ENTRE: Appelant(s), - et- THE CITY OF SAINT JOHN, Intimde. Numdro d'identification de la parcelle : # NID Adresse de la parcelle : Propri6taire(s) ou occupant(s) Nom: Adresse Telephone: Nom : Adresse: T616phone: 127 -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) susnommd(s) n'aceepte(nt) pas leg modalit6s ou les conditions qui y sont dnoncds dens 1'avis qui a dtb notifid aux termes de Particle 190.011 de la Loi sur les municipalitds et fait appel au Comitd d'appel des propridtds infdrieures aux normes de Saint John. Les motifs d'appel de Pappelant(s) dans le prdsent appel sont les suivants (dnoncer les motifs de fafon 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, 8h 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 propridtaire ou 1'occupant L'appelant(s) a (ont) 1'intention d'utiliser la langue frangaise ou anglaise (Veuillez cocker la case approprae), Veulllez faire parvenir votre Avis d'appel par courrier recommandd au secrdtaire de The City of Saint John dans les quatorze (14) fours qui sulvent la not (cation de Vavis a Padresse suivante Bureau du greffier communal 15 Market Square, tdifice de 1'hetel de ville, 80 6tage Case postale 1971 Saint John (Nouveau- Brunswick) E2L 4L1 T616phone: 506-658-2862 Tdldcopieur: 506- 674 -4214 Notes : 1. Un avis dont it West pas intedetd appel dans les quatorze (14) fours qui suivent la notification de Pavis est r6putde confirmb. 128 -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 Comitd d'appel des propridtds infdrieures aux normes de Saint John doit tenir, sur le point en litige, une audience au tours de laquelle le(s) propridtaire(s) ou Poccupant(s) qui interjette(nt) appel a (ont) le droit d'dtre entendu(s) et peut(vent) se faire reprdsenter par un avocat. 3. Lors d'un appel, le Comitd d'appel des propridtds infdrieures aux normes de Saint John peut conformer, modifier ou annuler Pavis ou proroger le ddlai pour s'y conformer. 4. Le Comitd d'appel des propridtds infdrieures aux normes de Saint John doit fournir une copie de sa decision au(x) propri6taire(s) ou a 1'occupant(s) des lieux, du b&timent ou de la construction qui lui a(ont) interjetd appel dans les quatorze (14) Jours suivant la date i! laquelle it a rendu sa ddcision. 5. Le(s) propridtaire(s) ou 1'occupant(s) A qui une copie d'une ddcision a ltd fournie par le Comitd d'appel des propridtds infdrieures aux normes de Saint John peut(vent), daps les quatorze (14) Jours qui suivent, interjeter appel de la ddcision levant un juge de la Cour du Banc de la Reine du Nouveau - Brunswick au motif que (a) la d6marche d suivre en vertu de la Loi sur les municipalitds n'a pas ltd suivie, ou (b) la decision est manifestement ddraisonnable. 129 CANADA PROVINCE OF NEW BRUNSWICK COUNTY OF SAINT JOHN CITY OF SAINT JOHN AFFIDAVIT OF SERVICE I, T)o N A D 'T W,4 eEFIEL1> of the City of (n"- P in the County of 01— 106,96 and State of Ca Z, A4DO MAKE OATH AND SAY AS FOLLOWS: 1. On the 1"7 r-14 day of No vale Q GIQ , 2011,1 served Rj?-4e-+ %VL y RP Nf y with the following documents: • a Notice to Comply, attached hereto as Exhibit "A"; • a Notice of Appeal, attached hereto as Exhibit "B "; by leaving a copy with him / her at _ i2GS i D ENC� : ) 0 7d WA "t"9a.i1J 2. 1 was able to identify the person served by means of the fact that he acknowledged to me he /45e" w To before me at n the -�Wli:. / 1 KIM M14N.M THALIA WAKE IELD NOTARY PUBLIC STATE OF COLORADO MY COMMISSION EXPIRES: 12-22-2011' 130 FORM 1 NOTICE TO COMPLY (MunictpaiidesAct, R.S.N.B.1973, c.M -22, s.190.01(3)) Parcel Identifier: 53371 FORMULE 1 AVIS DE CONFOR TIt (Lot sur les municipalk&, L.R.N. -B. de 1973, ch. M -22, par. 190.01(3)) Num6ro d'identifleation de la parcelle : 53371 Address: 1355 Golden Grove Road, Saint John, Adresse : 1355, chemin Golden Grove, Saint New Brunswick John, Nouveau - Brunswick Owner(s) or Occupler(s): Name: Horgan, Mildred B. Estate Address: P.O. Box 25232, Colorado Springs, Colorado, United States, 80936 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 (the `By- law"). 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 premises are unsightly by permitting rubbish and a dilapidated building to remain on the premises. The building has become a hazard to the safety of the public by reason of being vacant or unoccupied, and, has become a hazard to the safety of the public by reason of dilapidation and unsoundness of structural strength. The conditions of the building and premises are described in Schedule W, a true copy of the inspection report dated November 1, 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 may be demolished as the corrective action to address the hazard to the safety of the public and the premises may be cleaned up. In the event of demolition, 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. Propri6taire(s) ou occupant(s) : Nom: Horgan, Mildred B. Biens Adresse : Case postale 25232, Colorado Springs, Colorado, $tats -Unis, 80936 Municipalit6 signifiant Pavis : The City of Saint John Arr&6 enfretnt : Arretd concernant les bdtiments inesthdtiques ou dangereux de The City of Saint John, Arr&d numdro M -30, ainsi que ses modifications ci- aff6rentes (1' «Arr6t6 »). Disposition(s) enfreinte(s) . Les paragraphes 190.01(1)(a), 190.01(1)(d), 190.01(1.1) et 190.01(2) de la Lot sur les municipalitds, ainsi que lea modifications aff6rentes. Description de la (des) condition(,) : Les lieux sont inesthdtique on permettant la pr6sence de d6tritus et du fait de la pr6sence d'un bitiment d6labr6. Le bitiment eat devenu dangereux pour la s6curit6 du public du fait de son inhabitation ou de son inoccupation et, est devenu dangoreux pour la s6curit6 du public du fait de son d6labrement at de son manque de solidit6. Les conditions du bAtiment et des lieux sont d6crites A 1'annexe « A », une copie conforme du rapport d'inspection on date du 1 novembre, 2011 et pr6par6 par Stewart Handrahan, un agent charg6 de 1'ex6cution des arr8t6s municipaux et r6vis6 par Pamela Bentley, ing., une agente charg6e de 1'ex6cution des arret6s municipaux. Mesure(s) A prendre : La propri6taire doit restaurer [es conditions en se conformant aux recommandations du rapport d'inspection susmentionn6 et d'amener le bitiment et lea lieux on conformit6s avec 1'Arrdtd. Dana I'6ventualit6 que la propri6taire ne remddient pas It bAtiment et lea lieux dans le temps prescrit par le pr6sent avis de conformitd, It bitiment pourront titre d6molis comme mesure corrective compte tenu qu'il repr6sente un danger pour [a sdouritd du public et lea lieux pourront Atre nettoy6s. Dana l'6ventualit6 de demolition, tous lea debris et autres items sur lea lieux seront dispos6s comme mesure corrective dans It but de remddier to danger pour la s6curit6 du public. The aforementioned remedial actions relating to the Les mesures correctives susmentionn6es relativement demolition of the building and the disposal of debris and A la demolition du bAtiment et la disposition des debris items on the premises do not include the cant' -out clean- et autres items sur les lieux no comprennent pas It 131 up, site rehabilitation, restoration of land, premises or personal property or other remedial action in order to control or reduce, eliminate the release, alter the manner of release or the release of any contaminant into or upon the environment or any part of the environment. Date by which the remedy or remedies must occur: i a) The demolition of the building, clean -up of the property and related remedies must be complete, or plans and permit applications for repair related remedies, must be submitted: within 60 days of being served with the Notice to Comply. b) The repair related remedies must be complete: within 120 days of being served with the Notice to Comply. nettoyage, la remise en 6tat des lieux, des terrains ou des biens personnels ou toute autre mesure corrective dans le but de contrSler ou de r6duire, d'6liminer le d6versement, de modifier le mode de d6versement ou le d6versement d'un polluant dans ou am 1'onvironnement ou toute partie de I I environnoment. Date A laquelle la on les mesures doivent Atre prisest : a) La d6molition du bdtiment et le nettoyage des lieux doivent 8tre comp16t66s, ou A laquelle les plans et demande de permis pour lea mesures des r6parations, doivent 8tre soumises, dans les 60 joursqui suivent la signification de Pavis de conformit6. b) Les r6parations relides aux mesures doivent 8tre compl6t6es dans les 120 jours qui suivent la signification de ]'avis de conformit6. Date by which notice may be appealed: Within 14 Date it laquelle ua appel de ]'avis pent 8tre dkpos6: days of being served with the Notice to Comply. Dans Its 14 jours qui suivent la notification de Pavis 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 — 8" Floor, 15 Market Square, Saint John, New Brunswick, E2L 4L1. Potential penalty for non - compliance within specified time :2 Paragraph 190.03(1) of the Municipalities Act 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 11 of the Provincial Offences Procedure Act as a category F offence. Where an offence under paragraph 190.03(1) continues for mote 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 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, or cause 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 : La propridtaire peux dans les 14 joursqui suivent la notification de Pavis de conformit6, eavoy6 un avis d'appel par courrier recommand6 A la greffi6re communale de la municipalit6, A The City of Saint John, {edifice de 116tel de vine, 8' 6tage, 15 Market Square, Saint John, Nouveau - Brunswick, E2L 4LI. P6natM possible pour non- conformit6 dans le Ulai prescrit2 : Le paragraphe 190.03(1) de la Loi sur les municipalitds prdvoit quiconque omet de se conformer aux exigences formul6es dans un avis de conformit6 notifi6 aux termes de Particle 190.011 de ladite loi, commet une infraction qui est punissable en vertu do la Partie 11 do la Loi sur la procedure applicable aux infractions provinciales A titre flufraction de la ciasse F. Lorsqu'une infraction pr6vue au paragraphe 190.03(1) se poursuit pendant plus d'une journ6e, 1'amende minimale qui pout 8tre imposee eat l'amende minimale prdvue par la Loi sur la procedure applicable awc infractions provinciales pour uno infraction de is classe F multiplieo par le nombro de jours pendant losquels Pinfraction se poursuit conform6ment A Palin6a 190.03(l.2) (1)(i). Pouvoir de la municipal10 d'entreprendre les r6parations ou de prendre les mesures3 : Conform6ment aux alin6as 190.04(1)(a), 190.04(1)(a.1) et 190.04(1)(b) de la Loi sur les municipalites, si on avis de conformit6 a 06 signifi6 aux termes de Particle 190.011 de ladite loi et, que le propd6taire ou L'occupant no se conforme pas i cot avis de conforinit6 dans le d6lai imparti et tel qu'il est r6put6 confum6 ou tel qu'il est confirm6 ou modift6 par un comit6 du conseil ou par un juge on vertu de Particle 190.021 do ladite loi, la municipalit6 peut faire nottoyer ou r6parer les lieux de ce propri6taire ou de cet occupant ou de faire r66parer ou ddmolir la propriW de ce propri6taire ou de cot occupant, et lea frais relatifs A 1'ex6cution de ces travaux, y compris toute redevance ou tout droit aff6rent, sont A la charge 132 <J Dated at Saint John the day of November, 2011 Municipality: The City of Saint John Signature of Municipal Officer: Municipal Officer's Contact information: Namo: Stewart Handrahan Mailing address: Buildings and Inspection Services Department The City of Saint John 15 Market Square City Hall Building, IO"' Floor P. 0. Box 1971 Saint John, New Brunswick E2L 4L 1 Telephone: (506) 658 -2911 Telecopier: (506) 632 -6199 Email: stewart.handrahan(a' Seal of municipality 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_ du propridtaire ou de 1'occupant et deviennent une crdance de la municipalit6. Fait 6 Saint John to _-__ novembre, 2011. Municipality : The City of Saint John Signature du repr6sentant municipal: Coordonn6es du reprEsentant municipal: Nam : Stewart Handtahan Adresse postale: D6partement aux services d' inspection et des bitiments The City of Saint John 15 Market Square tdifice do l'h6tol de ville, 10` 6tage Case postale 1971 Saint John (Nouveau- Brunswick) E2L 4L 1 T616phone : (506) 658 -2911 T6tdcopieur : (506) 632 -6199 Courriel: stewart.handrahan @saintjohn.ca Sceau de la mutticipalit6 Notes : 1. Tous les permis prescrits doivent etre obteaus et toute to legislation pertinence dolt etre respectee, pendant t'extcution de fa mesure de. recours. 2. Le paiement de 1'amcnde n'annule pas ('obligation de respecter I'erretd, Is norms ou Pavis do conformM. 3. Les coots devlenneat une dette covers la municipalit6 et peuvent etre ajoutes A I'avls d'dvaluation et d'impet foncier municipal et provincial. 133 INSPECTION REPORT Schedule "A" 1355 Golden Grove Road Saint John, New Brunswick PM# 53371 Inspection Date: August 24, 2011 Inspector: Stewart Ilandrahan Introduction hereby cartify that this qq14 document is a true cVy Qr toe onginal. Dated at Saint John { thia.`,.�.,�''day Of, -------- ._„_,. 61-►se, —.— _20.,1,4 Standards off�� An inspection of the property noted above has revealed that the only building on the property is unsightly, vacant and unoccupied, dilapidated, and structurally unsound. The one -storey building is of wood frame construction and has been vacant since on or before November 19, 2007. The building is said to be vacant for many years prior to 2007, but it cannot be confirmed exactly when it became vacant as it was not documented. 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. There is a large heap of rubbish from the collapsed front porch that remains on the premise that has created an unsightly condition. 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. The building is unsightly due to its dilapidation. The building is dilapidated for reasons described in the section below called "Dilapidated and Structurally Unsound ". 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 is a hazard to the safety of the public by reason of being vacant or unoccupied for the following reasons: 1. The building has been left vacant and abandoned for an extended period of time. A building that is in a dilapidated condition and that is left unsecured from public entry could attract vandalism, arson, or criminal activity. Vandalism, arson, or criminal activity could devalue properties in the area and could pose a hazard to the safety of the public in the surrounding area. 2. The building is not secure from public entry and has not been secured in the past. If members of the public were to enter the building it could pose a hazard 134 to their safety since the building is hazardous, especially near the front porch area where the porch has collapsed and the rubbish remains on the premise. 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- taw") 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. Dilapidated and Structurally Unsound 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 structural strength. The building is a hazard to the safety of the public by reason of dilapidation for the following reasons: 1. There is broken glass in many of the windows and on the ground near the building. The broken glass poses a hazard to the safety of the public because it could cause personal injury. 2. With many of the windows being left open for an extended period of time, the elements such as wind, snow, and rain have been allowed to infiltrate the interior of the building causing deterioration to progress at an accelerated rate. 3. Exterior cladding is deteriorated and paint is peeling and therefore the cladding is not properly protected from the elements. 4. The sills on both sides and the front of the building are rotted due to excessive exposure to the elements. 5. The roof is in very poor condition and as such the interior of the building is not properly protected from the elements. The building is a hazard to the safety of the public by reason of structural unsoundness for the following reasons: I, The front porch that was attached to the building has collapsed. Since its collapse it no longer sufficiently supports the roof above it, and if it were to further collapse the roof could fail and cause personal injury to anyone within the vicinity of the porch, For this reason, the entire front porch area poses a hazard to the safety of the public. 2. The roof is visibly deflecting inward at its raid -span thus indicating either improper structural support of the roof system or settlement of the foundation and structure which supports the roof. 135 Required Remedial Actions: The owner 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. The repaired building must meet the National Building Code of Canada (ZOOS) and any other applicable codes. 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.P, 101 and amendments thereto. 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, acts, codes and regulations. Option 2: Demolition of the building and cleanup of all debris on the premise by complying with all the remedial actibns as follows: 1. The building must be demolished to remove the hazard to the safety of the public by reason of being vacant and unoccupied, and by reason of dilapidation and unsoundness of structural strength. 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, and amendments thereto 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, 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 comply with all applicable by -laws, acts, and regulations. 136 Prepared by: Stewart Handrahan, PTT Date Standards Officer Buildings and Inspection Services Department Reviewed by: Pamela Bentley, P. Eng. Date 'Technical Services Engine Buildings and Inspection S ices Department 137 NOTICE OF APPEAL FORM 1 (Municipalities Ad, R.S.N.8.1973, 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 b'APPEL FORMULE 1 (Loi sur ks municipalM, L.R.N. -B. de 1973, ch. M -22, par. 190.021(1)) N° du dossier: ENTRE: Appelant(s), . et- THE CITY OF SAINT JOHN, intimde. Numdro d'identification de la parcelle : # NID Adresse de la parcelle : Propridtaire(s) ou occupant(s) Nom: Adresse Uldphone: Nom: Adresse: Telephone: 138 -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 modalit6s ou les conditions qui y sont 6nonc6s daps 1'avis qui a 6t6 notifi6 aux termes de Particle 190.011 de la Loi sur les municipalitds et fait appel au Comitd d'appel des propridtds irlfdrieures aux normes de Saint John. Les motifs d'appel de 1'appeiant(s) dans le pr6sent appel sont les suivants (inoncer les motifs de fafon claire et concise) : Dated at the day of Fait .2011. Signature of owner or occupier 2011. Signature du propridtaire ou Poccupant le The appellant(s) intends to proceed in the English L'appeiant(s) a (ont) Fintention d'utiliser la langue or French language (Please check the appropriate frangaise ou anglaise (Veuillez cocker la case box). appropride). 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, 8v` 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. [reuillez faire parvenir votre Avis d'appel par courrier recommandd au secrdtaire de The City of Saint John daps les quatorze (74) jours qui suivent la notification de Pavis 4 l 'adresse suivante : Bureau du greffier communal 15 Market Square, edifice de i'hbtel de ville, 8` 6tage Case postale 1971 Saint John (Nouveau- Brunswick) E2L 4L1 T614-phone: 506- 658 -2862 Tdldcopieur: 506- 674 -4214 Notes : 1. Un avis dont it West pas inter et6 appel dans les quatorze (14) )ours qui suivent la notification de 1'avis est rdputde confirm6. 139 -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 occupiers) provided with a copy of a decision horn 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, to Comitd d'appel des proprldtds Infdrieures aux normes de Saint John doit tenir, sur le point on litige, une audience au cours de laquelle le(s) propribtaire(s) ou 1'occupant(s) qui intedette(nt) appel a (out) le droit d'etre entendu(s) et peut(vent) se faire reprdsenter par un avocat. 3. Lots dun appel, le Comitd d'appel des propridtds infdrieures aux normes de Saint John peut confirmer, modifier ou annuler 1'avis ou proroger to ddlai pour s'y conformer. 4. Le Comitd d'appel des proprldtds infdrieures aux normes de Saint John doit fournir une copie de sa ddcision au(x) propridtaire(s) ou A 1'occupant(s) des lieux, du bitiment ou de la construction qui lui a(ont) interetd appel dans lea quatorze (14) fours suivant la date b laquelle it a rendu sa ddcision. S. Le(s) propridtaire(s) ou Poccupant(s) i qui une copie d'une ddcision a dtd fournie par le Comitd d'appel des proprldtds infdrieures aux normes de Saint John peut(vent), dans lea quatorze (14) fours qui suivent, integeter appel de la ddcision devant un juge de la Cour du Banc de la Reine du Nouveau - Brunswick au motif quo (a) la ddmarche it suivre on vertu de la Loi sur les municipalitds n'a pas dtd suivie, ou (b) la ddcision est manifestement ddraisonnable. 140 CANADA PROVINCE OF NEW BRUNSWICK COUNTY OF SAINT JOHN IN THE MATTER OF THE BUILDING THAT IS LOCATED AT (;0"e 4 SAINT JOHN, N.B. (PID number 5337/ ) AFFIDAVIT OF SERVICE I, D(DAI 1_0 ��y(v /t Ite , of Saint John, N.B., Make Oath And Say As Follows: 1. I am employed by The City of Saint John in its Buildings and Inspection Services Department. I have personal knowledge of the matters herein deposed except where otherwise stated. 2. On Jib y copy of the attac ed the attached e,& Cx the building that is located at Sworn To before me at the City of Saint John, N.B., on a day of 2011 L fi Pamela Bentley PAMELA M H BENTLEY COMMISSIONER OF OATHS MY COMMISSION EXPIRES DECEMBER 318T, 2013 I posted a hibit "A" and a copy of t `B" to the front door of Saint John, N.B. 141 M H sENoA�s pAME�•tpNERpf tR� COMMtM 9s1�� 2�p13 FORM 1 NOTICE TO COMPLY (Municipalities Act, R.S.N.B.1973, c.M -22, 9.190.01(3)) Parcel Identifier: 53371 This_ Exhibit j(�avi of Referre o I d n a �+1�1" Sworn before me at the Icih+ of Saint Jphn, Now t1 g, da of - albs AVt§'IiE CONFORMIfii✓ (Loi sur les municipalitbs, LKN.-B. de 1973, ch. M -22, par. 190.01(3)) Numdro d'identification de la parcelle : 53371 Address: 1355 Golden Grove Road, Saint John, Adresse : 1355, chemin Golden Grove, Saint New Brunswick John, Nouveau - Brunswick Owner(a) or Occupier(,): Name: Horgan, Mildred B. Estate Address: P.O. Box 25232, Colorado Springs, Colorado, United States, 80936 Propri6taire(s) on occupant(s) : Nom: Horgan, Mildred B. Biens Adreme : Case postale 25232, Colorado Springs, Colorado, $tats -Unix, 80936 Municipality issuing notice: The City of Saint John Municipalit6 signiflant Mavis: 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 (the "By- law "). Arret¢ enfreint : Arrdtd concernant les bdtiments inesthdtiques ou dangereux de The City of Saint John, Aer6t6 num6ro M -30, ainsi quo ses modifications ci- aff6rentes (l' « Arret6 > ). )Provision(s) contravened: Paragraphs 190.01(1)(a), Disposition(s) enfreinte(s) : Les paragraphes 190.01(1)(d), 190.01(1.1) and 190.01(2) of the 190.01(1)(a), 190.01(1)(a), 190.01(1.1) et 190.01(2) Munlcipalides Act, and amendments thereto. de la Loi sup les municipatitds, ainsi que les modifications aMrentes. Description of coaditfon(s): The premises are unsightly by permitting rubbish and a dilapidated building to remain on the premises. The building has become a hazard to the safety of the public by reason of being vacant or unoccupied, and, has become a hazard to the safety of the public by reason of dilapidation and unsoundness of structural strength. The conditions of the building and premises are described in Schedule "A ", a true copy of the inspection report dated November 1, 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 may be demolished as the corrective action to address the hazard to the safety of the public and the premises may be cleaned up. In the event of demolition, 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. Description de la (des) conditions) : Les lieux sont inesthdtique on permettant la pr6sence de d6tritus et du fait de la pr6sence d'un Wiment d6labr6, Le blitiment est devenu dangereux pour la sbcurit6 du public du fait de son inhabitation ou de son inoccupation et, est devenu dangereux pour la s&urit6 du public du fait de son d6labrement et de son manque de solidM. Les conditions du bdtiment et des lieux sont d6crites 6 l'annexe « A », une copie conforme du rapport d'inspection en date du 1 novembre, 2011 et prdparb par Stewart Handrahan, un agent eharg6 de 1'ex6cution des =Ws municipaux et .rdvis6 par Pamela Bentley, ing., une agente charg6e de 1'exdcution des arr8tbs municipaux. Mesure(s) ii prendre : La propri6taire doit restaurer les conditions en se conformant aux recommandations du rapport d'inspection susmentionn6 et d'amener to b@timent et les lieux en conformitbs avec I'Arr8td. Dans I'6ventualit6 quo la propridtaire ne remddient pas le bdtiment et les lieux dans to temps prescrit par le pr6sent avis de conformit6, to b@timent pourront &re dbmolis comme mesure corrective compte tenu qu'il repr6sente un danger pour la s6ourM du public et les lieux pourront We nettoybs. Dans ('bventualitd de d6molition, tous les d6bris et autres items sur los lieux seront disposbs comma mesure corrective dans to but de rem6dier to danger pour la s6curit6 du public. The aforementioned remedial actions relating to the Les mesures corroctives susmentionndes relativement demolition of the building and the disposal of debris and A la dbmolition du bitiment et la disposition des d6bris items on the premises do not include the carry-out clean- et autres items sur les lieux no comprennent pas le 142 up, site rehabilitation, restoration of land, premises or personal property or other remedial action in order to control or reduce, eliminate the release, alter the manner of release or the release of any contaminant into or upon the environment or any part of the environment. Date by which the remedy or remedies must occur: i a) The demolition of the building, clean -up of the property and related remedies must be complete, or plans and permit applications for repair related remedies, must be submitted: within 60 days of being served with the Notice to Comply. b) The repair related remedies must be complete: within 120 days of being served with the Notice to Comply. nettoyage, la remise on 6tat des lieux, des terrains ou des biens personnels ou toute autre mesure corrective dans le but de contr8ler ou de r6duire, d'6liminer le d6versement, do modifier le mode de d6versement ou le d6versement d'un polluant dans ou sur l'environnement ou toute partie de Penvironnement. Date A logaelle In on lea mesures doivent titre prisesi : a) La d6molklon du batiment et le nettoyage des lieux doivent titre compldt66s, ou i laquelle les plans et demande de permis pour les mesures des reparations, doivent titre soumises, dans les 60 joursqui suivent la signification do Pavis de conformit6. b) Les reparations reli6es aux mesures doivent titre compl6t6es dans les 120 jours qui suivent la signification do Favis do conformit6. Date by which notice may be appealed: Within 14 Date A laquelle un appel de t'avis peat 8tre depose: days of being served with the Notice to Comply. Dans les 14 jours qui suivent la notification do t'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, Now Brunswick, E2L 4L1. Potential penalty for non - compliance within specified time:2 Paragraph 190.03(1) of the Municipalities Act 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 11 of the Provincial Offences Procedure Act as a category F offence. Where an offence under paragraph 190.03(l) 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)(al) and 190.04(1)(6) of the Municipalities Act 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, or cause 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 : La propri6taire peux dans les 14 joursqui suivent la notification de 1'avis de conformitd, onvoye un avis d'appel par courrier recommand6 A la grel'fibre communale de la municipalit6, A The City of Saint John, L`difice de I'h6tel de villa, 8° 6tage, 15 Market Square, Saint John, Nouveau- Brunswick, E2L 4L1. P6nalit6 possible pour non- conformiti daas le d6lal prescrit2 : Le paragraphe 190.03(1) de la Loi sur les mnicipaliNs privoit quieonque omet de se conformer aux exigences formuldes dens un avis de conformit6 notifi6 aux termes do Particle 190.011 de ladite loi, commet une infraction qui est punishable on vertu do la Partie 11 de la Loi sur la procedure applicable aux Infractions provinciales i titre d'infraction de la classe F. Lorsqu'une infraction prdvue au paragraphe 190.03(l) se poursuit pendant plus dune joum6e, Famende minimale qui pout 8tre imposee est I'amende minimale prdvue par la Loi sur la procddure applicable aux infractions provinciales pour uno infraction de la classe F multipli6e par le nombro do jours pendant lesquels l'infraction se poursuit conform6ment A 1'alinda 190.03(1.2)(b)(i). Pouvoir de In municipalite d'entrepreadre Its reparations ou de prendre les meSUres3 : Conform6ment aux alinias 190.04(lxa), 190,04(l)(a.1) et 190,04(l)(b) do la Loi sur les municlpalitds, si un avis do conformit6 a 6t6 signifi6 aux tomes do Particle 190,011 de ladite loi et, que Ie propri6taire ou l'occupant ne se conforme pas A cet avis de conformit6 dans le d6lai imparti et tel qu'il est r6put6 confitm6 ou tel qu'il est confinn6 ou modifi6 par un comit6 du Conseil ou par un juge on vertu de Particle 190.021 de ladite loi, la municipalit6 pout faire nettoyer ou riparer les lioux do ce propri6taim ou de cat occupant ou de faire r6parer ou d6molir la propridt6 de cc propri6taire ou de cot occupant, et les fi'ais relatifs A 1'ox&ution de ces travaux, y compris toute redevance ou tout droit aff6rent, soot A la charge 143 ! Dated at Saint John the day of November, 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'b Floor P. O. Box 1971 Saint John, New Brunswick E2L 4L1 Telephone: (506) 658 -2911 Telecopier: (506) 632 -6199 Email: stewar handrahanO Seal of municipality 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. du propri6taire ou de Foecupant et deviennent une er6ance de la municipalit6. Fait d Saint John le novembre, 2011. Munieipalit6 : The City of Saint John Signature du reprdsentant municipal: Coordonn6es du repr6sentant municipal: Nom : Stewart Handrahan Adresse postale: Ddpartement aux services Tinspection et des bitiments The City of Saint,John 15 Market Square $difice de Fh8tel de ville, 101 dtage Case postale 1971 Saint John (Nouveau- Brunswick) E21, 4L1 T416phone : (506) 658 -2911 T616copleur : (506) 632 -6199 Courriel: stewart.handrahan @saint ohn.ca Sceau de la municipalitd Notes : 1. Tous les permis prescrits doivent We obtenus et toute In legislation pertinente doit ftre respectee, pendant ['execution de is mesure de recours. 2, Le paiement de I'amende n'annule pas i'obligation de respecter Parretd, la norms: ou Pavis do conformitd. 3. Les oo0ts deviennent unc detto envers la municipalttd ct peuvent etre ajout6s &Pavia d'dvaluation et d'impbt foncier municipal et provincial. 144 INSPECTION REPORT Schedule "A" 1355 Golden Grove Road Saint John, New Brunswick PID# 53371 Inspection Date: August 24, 2011 Inspector: Stewart Handrahan Intiroduction I hereby certify that on 499W document is afire cry 0fift orrginal, ,,i IlNW at Saint John this -tit day Of------ Sftnn da�ri ffl= ° ."` An inspection of the property noted above has revealed that the only building on the property is unsightly, vacant and unoccupied; dilapidated, and structurally unsound. The one-storey building is of wood frame construction and has been vacant since on or before November 19, 2007. The building is said to be vacant for many years prior to 2007, but it cannot be confirmed exactly when it became vacant as it was not documented. 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. There is a large heap of rubbish from the collapsed front porch that remains on the premise that has created an unsightly condition. 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. The building is unsightly due to its dilapidation. The building is dilapidated for reasons described in the section below called "Dilapidated and Structurally Unsound". 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 is a hazard to the safety of the public by reason of being vacant or unoccupied for the following reasons: 1. The building has been left vacant and abandoned for an extended period of time. A building that is in a dilapidated condition and that is left unsecured from public entry could attract vandalism, arson, or criminal activity. Vandalism, arson, or criminal activity could devalue properties in the area and could pose a hazard to the safety of the public in the surrounding area. 2. The building is not secure from public entry and has not been secured in the past. If members of the public were to enter the building it could pose a hazard 145 to their safety since the building is hazardous, especially near the front porch area where the porch has collapsed and the rubbish remains on the premise. 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. Dilapidated and Structurally Unsound 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 structural strength The building is a hazard to the safety of the public by reason of dilapidation for the following reasons: 1, 'There is broken glass in many of the windows and on the ground new the building. The broken glass poses a hazard to the safety of the public because it could cause personal injury. 2. With many of the windows being left open for an extended period of time, the elements such as wind, snow, and rain have been allowed to infiltrate the interior of the building causing deterioration to progress at an accelerated rate. 3. Exterior cladding is deteriorated and paint is peeling and therefore the cladding is not properly protected from the elements. 4. The sills on both sides and the front of the building are rotted due to excessive exposure to the elements. 5. The roof is in very poor condition and as such the interior of the building is not properly protected from the elements. The building is a hazard to the safety of the public by reason of structural unsoundness for the following reasons: 1. The front porch that was attached to the building has collapsed. Since its collapse it no longer sufficiently supports the roof above it, and if it were to finther collapse the roof could fail and cause personal injury to anyone within the vicinity of the porch. For this reason, the entire front porch area poses a hazard to the safety of the public. 2. The roof is visibly deflecting inward at its mid -span thus indicating either improper structural support of the roof system or settlement of the foundation and structure which supports the roof. 2 146 Required Remedial Actions: The owner 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. The repaired building must meet the National Building Code of Canada (2005) and any other applicable codes. 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.P. 101 and amendments thereto. 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, acts, codes 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 being vacant and unoccupied, and by reason of dilapidation and unsoundness of structural strength. 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, and amendments thereto 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 proofs 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 comply with all applicable by -laws, acts, and regulations 147 Prepared by: Stewart Handrahan, EIT Date Standards Officer Buildings and Inspection Services Department Reviewed by: L'L 4tom + �2plI Pamela Bentley, P. Eng. Date - -' Technical Services Enginee Buildings and Inspection S ices Department m This is Exhibit %N B n Referred to In &e Affidavit o mvid s l� . Swom before me at the City of NOTICE OF APPEALSain ohn, New awl c AVIS D'APPEL FORM 1 d oftt i �Qf% FORMULE 1 111A I If (Munieipa[itievAct, R.S.N.B. o►nmisslone of Oatha unicliffsipa, L.R.N. -B. de 1973, c. M -22, s.190.021.(1)) h. M -22, par. 190.021(1)) File No.: N° du dossier : BETWEEN: ENTRE : PPMM pNgpcP3 ES w ;Ole 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: Appelant(s), -et- THE CITY OF SAINT JOHN, Intim6e. Num6ro d'identification de la parcelle : # NID Adresse de la parcelle : Propri6taire(s) ou oecupant(s) Nom: Adresse : T616phone: Nom: Adresse : T616phone: 149 -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 I'avis qui a dtd notifi6 aux termes de Particle 190.011 de la Loi sur les municipalitds et fait appeI au Comitd d'appel des propridtds infdrieures aux normes de Saint John. Les motifs d'appel de 11appelant(s) dans le pr6sent appel sont les suivants (dnoncer les motifs de faFon claire et concise) : Dated at the day of Fait .2011. Signature of owner or occupier 2011. Signature du propridtaire ou l'occupant le The appellants) intends to proceed in the English L'appelant(s) a (ont) 1'intention d'utiliser la langue or French language (Please check the appropriate frangaise ou anglaise (Feuillez cocker la case box). appropride). 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, 8h Floor P. O. Box 1971 Saint John, New Brunswick E2L 4L 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 recommandd au secrdtaire de The City of Saint John dans les quatorze (14) jours qui suivent la notfcation de Pavis a 1'adresse suivante : Bureau du greffier communal 15 Market Square, Edifice de I'h6tel de ville, 8° dtage Case postale 1971 Saint John (Nouveau- Brunswick) E2L 4L I T616phone: 506- 658 -2862 T616copieur: 506- 674 -4214 Notes : 1. Un avis dont it West pas intedet6 appel dans les quatorze (14) jours qui suivent la notification de Favis est r6putde confirm6. 150 -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 Comitd d'appel des propridtds infdrieures 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 reprdsenter par un avocat. 3. Lors d'un appel, le Comitd d'appel des propHitds infdrieures aux normes de Saint John peut confirmer, modifier ou annuler 1'avis ou proroger le ddlai pour s'y conformer. 4. Le Comitd d'appel des propridtds infdrieures aux normes de Saint John doit foumir une copie de sa ddcision au(x) propridtaire(s) ou it l'occupant(s) des lieux, du b£timent 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 Voccupant(s) A qui une copic d'une ddcision a dtd fournie par le Comitd d'appel des propridtis tnfdrieures 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 Lai sur les municipalitds n'a pas dtd suivie, ou (b) la ddcision est manifestement ddraisonnable. 151 r!;1. Photos of 1355 Golden 14V Grove Road (PID 53371) SAINT JOHN Date of Photos: April 1, 2011 August 24, 2011 February 6, 2012 152 .%--j ti PA P dir do At 4f ;jo 153 11 ----7 M - L w. Ir � I • T� L L* _ " 'JV A64 4 Y � I wal �J El 155 _i 17 a IV pp- j. qk 156 1� �1 r� " - Kj X_ Auk Nw ---`-_- | ` . IL I NL ON I REPORT TO COMMON COUNCIL, M &C2012 -23 February 10, 2012 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council: SUBJECT: Saint John Water — 2011 Annual Wastewater Report BACKGROUND: The City of Saint john Municipalities in New Brunswick operate wastewater treatment facilities and collection systems under conditions set out in Certificates of Approval to Operate (COA). Developed by the Department of Environment (DOE), these formal approvals establish standards for wastewater treatment facilities, collection systems (which include pumping stations) and operator training and certification requirements that are designed to protect public health and the environment. Saint John Water provides the public with a wastewater service that includes collection, treatment and disposal. It operates under the following COA: S -1313, Lancaster Wastewater Treatment Plant TBD, Eastern Wastewater Treatment Facility — Activated Sludge y S -1708, Marsh Creek — Activated Sludge S -1538, Miilidgeville — Activated Sludge S -1707, Morna Heights — Trickling Filter S -1705, Greenwood— Trickling Filter Each certificate represents formal authorization to the Approval Holder by the Minister of Environment to operate wastewater works. Each directs that: The Approval Holder shall operate the wastewater works in compliance with the Water Quality Regulation 82 -126 filed under the Clean Environment Act of the Province of New Brunswick. Violation of this Approval or any term and / or condition herein constitutes a violation of the Clean Environment Act. 158 M &C2012 -23 February 10, 2012 Page 2 The COA also directs that all municipal wastewater works are required to abide by the Federal Fisheries Act F -14 and the Canadian Environmental Protection Act, 1999. As well, the City of Saint John is responsible for submitting data to the National Pollutant Release Inventory (NPR1). In 2009, the Canada -wide Strategy for the Management of Municipal Wastewater Effluent (Strategy) was endorsed by the Canadian Council of Ministers of the Environment (CCME). The Strategy provides clarity to municipal wastewater facility owners in managing wastewater in a framework that protects human health and the environment. On March 20th, 2010, proposed regulations under the Fisheries Act were published in the Canada Gazette that reflected the recommendations laid out in the CCME Strategy. Among other things, these proposed regulations would establish new National Performance Standards (NPS) for wastewater effluent quality. These standards are reflected in the City's current Approvals to Operate. Saint John Water fully endorses these standards and the philosophy that the treating and disposing of municipal wastewater merits strict regulation. After all, an effective wastewater management service helps protect the public from waterborne disease, protects the natural environment including aquatic and wildlife and preserves water sources for safe recreational use. Protective Barriers Treatment of wastewater is essential for the protection of public health and the receiving waters for aquatic life and recreational use. It is understood however that wastewater is vulnerable to contamination from many potential threats. Management of Saint John Water is based on a system of protective barriers to ensure that the quality of wastewater prior to release to the environment meets or exceeds all limits listed in the COA. Source Wastewater. Wastewater treatment facilities are designed to treat residential waste and not industrial waste. Source identification and enforcement is the key to reducing industrial contaminants in the wastewater flowing into the treatment facilities, Treatment: Employing the appropriate method of treatment with sufficient capacity to efficiently process expected wastewater flows, Operations & Maintenance: Staffing levels, operator education and certification, communications, management structure and practices, proactive maintenance, > Monitoring & Alarms: Sampling plan, SCADA system alarms, lab testing, record keeping, reporting and Emergency Response: Plans for natural disasters, emergency contingency plans for wastewater treatment and pumping, safety training, emergency power systems. 159 M &C2012 --23 February 10, 2012 Page 3 Annual Report The COA requires an Annual Report to be submitted as is the case for the Drinking Water Service. This report provides the DOE with pertinent technical and operating information relating to the collection and treatment of wastewater such as: Analytical results (wastewater sampling, analysis and compliance), Operational events (including untreated wastewater discharges to the environment), Operator information (training, certifications and staffing changes), and Records of sludge disposal. Saint John Water voluntarily provides additional information in the Annual Report, including the following: National Pollutant Release Inventory, y Water and Sewerage Bylaw (status and updates), Water and Sewerage Bylaw violations (when they occur), CALA Certification — Saint John Water Environmental Laboratory, Capital wastewater system improvements, Human Resources, Public information, and Commitment. The Annual Report is also in keeping with one of the seven commitments of the Corporate Strategic Plan — Demonstrating Accountability. ANALYSIS The Annual Wastewater Report, with all its attachments and documents, consists of over a hundred pages of facts and data. Rather than table such a voluminous document with Common Council, just the main body of the Annual Wastewater Report is attached hereto, with its various sections summarized herein. A full copy of the Report with all appendices is on file with the Common Clerk. 160 M &C2012 -23 February 10, 2012 Page 4 Introduction Saint John Water is responsible for the delivery of water and wastewater services on behalf of the City of Saint John. The Annual Report is intended to provide the DOE (system regulator) with pertinent information relating to the delivery of the municipal wastewater service. Analytical Results Over the course of 2011, the City analyzed over 9,000 wastewater samples from 6 wastewater treatment facilities. Samples are obtained from the influent entering the facilities, the effluent leaving the treatment facilities and at various strategic locations within the process. The New Brunswick Department of Environment's certificates of Approval to Operate outline the analysis requirements. Saint John Water consistently exceeds the sampling requirements of the Approval to Operate, close monitoring enables better control over the efficiency of treatment facility operations. Other testing requirements such as NPRI, toxicity and biosolids metals samples are analyzed by contracted laboratories. Toxicity Since the effluent toxicity results in 2010 were good, there was no requirement to perform toxicity analysis of the WWTF effluent in 2011. Testing will resume in 2012 for the two WWTF categorized as Large, namely Lancaster WWTF and the Eastern WWTF. Testing for Millidgeville WWTF, categorized as Medium, will resume in 2013. Samples will be sent to Buchanan Environmental Ltd on a quarterly basis. National Pollutant Release Inventory (NPRI) For eight years now, Saint John Water has been reporting to the NPRI due to meeting a number of "triggers" identified in their reporting guidelines. There are 4 wastewater treatment facilities and a number of outfalls that trigger reporting for some parameters. These parameters are as follows; Millidgeville WWTF a Nitrate ion in solution at pH greater than or equal to 6.0 • Total ammonia Hazen Creek WWTF /Eastern WWTF • Nitrate ion in solution at pH greater than or equal to 6.0 161 M &C2012 -23 February 10, 2012 Page 5 Lancaster Lagoon WWTF a Total ammonia a Lead (and its components) Marsh Creek WWTF Outfalls Nitrate ion in solution at pH greater than or equal to 6.0 a Total ammonia These parameters would have an effect on the toxicity of effluent but they are not at levels high enough to make the effluent `acutely or chronically toxic'. The calculation is based on the effluent flow rate and the concentration of the parameter in the effluent. Water and Sewerage Bylaw The current Water and Sewerage By -law was passed in 1967 with minor updates since then. The Canada -Wide Strategy for the Management of Municipal Wastewater Effluent has included a Model Sewer Use By -law that Saint John Water has adopted and modified to suit our unique municipal profile. The new by -law is nearing completion in a draft form and is expected to be recommended for adoption by Common Council in 2012. This document contains more definitions and places more responsibility and obligations on industrial and business sources. CALA Certification — Saint John Water Environmental LaboratoKy The Saint John Water Environmental Laboratory became a member of the Canadian Association for Environmental Analytical Laboratories (CAEAL) in 2006. The lab completed proficiency testing in March of 2006 and received a Certificate of Laboratory Proficiency for analyzing water and wastewater samples for conductivity, fluoride, Total Suspended Solids (TSS), Biochemical Oxygen Demand (BOD), turbidity, pH and residual chlorine. Proficiency testing is completed twice per year in March and October. In March 2007, the Laboratory became proficient for additional wastewater parameters including nitrate, ammonia, Total Kjeldahl Nitrogen (TKN), total phosphorus, Chemical Oxygen Demand (COD) and fecal coli forms. In March 2008, the Laboratory became proficient for CBOD. This is an important parameter since it is one of the standards listed in the new CCME Strategy. 162 M &C2012 -23 February 10, 2012 Page b On October 1, 2008, the Canadian Association of Environmental Analytical Laboratories announced that it had transitioned to a new body that is referred to as the Canadian Association for Laboratory Accreditation Inc. (GALA) and forwarded a new Certificate of Laboratory Proficiency. The CCME Strategy states that "all sample analysis ...will be completed by an accredited laboratory". In order to achieve accreditation, the Saint John Water Environmental Laboratory is making preparations for a CALA assessment. This is planned for 2012. Capital Wastewater System Improvements Capital improvements were made in two key areas during 2011: 1. Harbour Clean -Up, and 2. Upgrades to existing facilities. 1. Harbour Clean -Up The Harbour Clean-Up program is an initiative to eliminate the discharge of raw wastewater into local receiving bodies of water (particularly Saint John Harbour). The key component is the Eastern WWTF, a conventional activated sludge treatment facility designed to treat an average of 35,000 cubic metres of wastewater per day, with a peak capacity of 80,000 cubic metres per day. Servicing an area spanning from Douglas Avenue to the Lakewood subdivision in the east, the facility has been designed to achieve secondary treatment, delivering effluent that meets or exceeds effluent objectives as set out in the Canada -Wide Strategy for Management of Municipal Wastewater Effluent. In addition to the Eastern WWTF, 22 wastewater lift stations will (in various stages of design, construction or operation) intercept existing gravity sewer lines and direct wastewater to either existing treatment facilities or the new Eastern WWTF. Construction of the Eastern WWTF was completed in August 2011. The facility has been delivering high quality effluent that exceeds Canada -Wide Strategy for Management of Municipal Wastewater Effluent and provincial objectives since opening. 163 M &C2012 -23 February 10, 2012 Page 7 Three lift stations were built in 2011: Lift Station #2, located on Bayside Drive, was completed in April 2011. When activated in 2012, this station will direct flows collected from the Bayside Power area to the Eastern WWTF. Spar Cove Lift Station was completed in December 2011. Once two feeder lift stations are constructed in 2012, this station will direct flows from the area including Kennedy Street, Main Street and Shamrock Park to the Millidgeville WWTF. The Fallsview Drive Lift Station ( #30) was also completed in December 2011. This takes flows from Riverview Avenue and Fallsview Drive and directs them to the Lancaster WWTF. An additional lift station at Hitachi Crescent, off the Gault Road, was built by a developer and turned over to the City in 2011. This will collect flows from a new development and direct them to Lancaster WWTF via the Monte Cristo Lift Station. Three more lift stations, #10 at Harbour Station, #4 near Egbert Street and #8 on Crown Street, are currently under construction. All lift stations in the Harbour Clean -Up project will be completed in 2012. 2. Upgrades to existing facilities A complete pump and piping replacement was carried out at the Rothesay Avenue WWPS. The objective was to replace the two existing pumps with three new dry -pit submersible pumps and all new piping and valves. This work continues into 2012 due to complications that arose with a gate valve on the influent line to the pumping station. Upon completion, all key components of this vital lift station will have been replaced within the last five years. A third pump was added to Simpson Drive WWPS, along with a VFD. This provides backup capacity in keeping with the City's objective of having sufficient pumping capacity to maintain operation with one pump out of service. Simpson Drive WWPS is another vital link in the network transmitting flows from the eastern portions of the City to the new Eastern WWTF. Repairs were carried out at Marsh Creek WWTF in order to improve treatment performance and meet the COA requirements. A number of air leaks well below the water surface affected the system's ability to clear scum from the clarifiers. After careful consideration, a repair method was devised that did not involve draining the tanks to access the damaged piping. 164 M &C 2012 -23 February 10, 2012 Page 8 This avoided added expense and impact on the environment when bypassing flows around the treatment facility over a lengthy period. Since carrying out the repairs, the Marsh Creek WWTF has consistently delivered compliant effluent quality. In 2011, the utility share of capital funding to wastewater related categories (which consist of sanitary infrastructure renewal and wastewater treatment) totaled $14.1 million or 84.1% of the utility share of capital expenditures. Operator Trainim and Certification Saint John Water continues to make advances in the operation and maintenance of our water and wastewater systems. Training is integral to improving operational efficiency and effectiveness. A detailed summary of applicable training and certifications is included in the Annual Report. Communications During the 2011 capital construction season communication was regularly provided to citizens by means of weekly construction updates. This information, compiled by staff in Municipal Operations & Engineering, was shared with the public via of the City of Saint John website, news releases carried in the local newspaper and by email to large distribution groups. The regular updates provide citizens with information relating to the limits of work, project start date, work to be accomplished, traffic impacts where applicable and projected end date. The City's Corporate Communications staff provided excellent support to the Wastewater Service throughout the year. RECOMMENDATION: It is recommended that Common Council receive and file this report, and authorize staff to forward the 2011 Saint John Water — Annual Wastewater Report to the Department of Environment on behalf of the City of Saint John (Approval Holder). Respectfully submitted, endall Mason, P.Eng. Deputy Commissioner Saint John Water atrick Woods, CGA City Manager 165 phn o v Rq T l? Js ' g kater. Moue cam' .BMW The Eastern Wastewater Treatment Facility began operations in August 2011. 2011 Annual Wastewater Report February 2012 166 c`�ohn h% 2011 Annual Wastewater Report Eastern Wastewater Treatment Facility began operations in August, 2011. 2011 Saint John Water - Annual Wastewater Report INTRODUCTION The Wastewater Service is a public service that provides for the treatment and disposal of wastewater. Wastewater is collected within the system and transported to wastewater treatment facilities via a system of collection pipes and wastewater pumping stations (WWPS). Please refer to Appendix A to view the locations of all wastewater pumping stations and wastewater treatment facilities (WWTF) that are active at this time. Wastewater is treated and discharged into receiving waters. An effective wastewater management practice enhances public health, safety and the environment. More specifically, benefits of wastewater treatment include; the protection of public health from waterborne disease, protection of the natural environment including the aquatic and wildlife from the cumulative effects of contaminants and the protection of water sources for recreational use. Saint John Water provides the public with a wastewater service that includes collection, treatment and disposal. It operates its wastewater treatment facilities and collection systems under six Certificates of Approval to Operate (COA) Wastewater Works (a copy of each is enclosed in Appendix B): 167 2011 Annual Wastewater Report 5 -1313, Lancaster Wastewater Treatment Plant TBD, Eastern Wastewater Treatment Facility — Activated Sludge 5 -1708, Marsh Creek — Activated Sludge 5 -1 538, Millidgevillc — Activated Sludge 5 -1707, Morna Heights — Trickling Filter 5 -1705, Greenwood — Trickling Filter 2 These are among the approximately 120 Certificates of Approval to Operate wastewater works issued to 93 municipalities across New Brunswick by the Minister of the Environment. Each of the City's six certificates is valid for a 2 to 5 year period. Each of the certificates represents formal authorization to the City of Saint John (Approval Holder) by the Minister to operate wastewater works. Each directs that: The Approval Holder shall operate the wastewater works in compliance with the Water Quality Regulation 82 -126 filed under the Clean Environment Act of the Province of New Brunswick Violation of this Approval or any term and / or condition herein constitutes a violation of the Clean Environment Act. All municipal wastewater works in New Brunswick are required to abide by the various conditions set out in the COA, the Federal Fisheries Act F -14 and the Canadian Environmental Protection Act, 1999 — Guidelines. More specifically, limits were set for the release of ammonia dissolved in water found in wastewater effluents and in addition there was a Notice requiring the preparation and implementation of pollution prevention plans for inorganic chloramines and chlorinated wastewater effluents (these regulatory tools set standards for wastewater works and system operators that strive to enhance public health, safety and the environment). The City of Saint John is responsible for submission to the National Pollutant Release Inventory (NPRI), a federal program, for any releases that meet the reporting criteria. Saint John Water fully endorses these standards and the philosophy behind the need for strict regulation of treating and disposing of municipal wastewater. Protective Barriers Treatment of wastewater is essential for the protection of public health, the receiving waters for aquatic life and recreational use. It is understood however that wastewater is vulnerable to contamination from many potential threats. Management of Saint John Water is based on a system of protective barriers to ensure that the quality of wastewater prior to release to the environment meets or exceeds all limits listed in the COA. r Source Wastewater. Wastewater treatment facilities are designed to treat residential waste and not industrial waste. Source identification and enforcement is the key to reducing industrial contaminants in the wastewater flowing into the treatment facilities, .: 2011 Annual Wastewater Report 3 Treatment: Employing the appropriate method of treatment with sufficient capacity to efficiently process expected wastewater flows, > Operations & Maintenance: Staffing levels, operator education and certification, communications, management structure and practices, proactive maintenance, > Monitoring & Alarms: Sampling plan, SCADA system alarms, lab testing, record keeping, reporting and > Emergency Response: Plans for natural disasters, emergency contingency plans for wastewater treatment and pumping, safety training, emergency power systems. Annual Report The Reporting section of each of the COA requires submission of an Annual Report to the Department of Environment. These reports provide pertinent technical and operating information to the regulator, including: > the results of the testing required in the Testing and Monitoring section of this Approval including the name of the laboratory used; a summary of the date, location, and duration of all raw wastewater discharges, including those that were directly caused by excessive rain or snow melt (enclosed in Appendix C); > a summary report of any other environmental emergencies that were reported through the Emergency Reporting procedure described in the Approval and; > A list identifying the Operator(s) and indicating the certification level of each Operator(s). Saint John Water has compiled the data, for 2011, in such a manner as to comply with the broadest interpretation of the requirements; thus satisfying or exceeding the requirements. ANALYTICAL RESULTS Wastewater Sampling and Analysis During 2011, the Saint John Water Environmental Laboratory analyzed wastewater from six WWTF's. Samples are obtained from the influent entering the facilities, the effluent leaving the treatment facilities and at various strategic locations within the process. The New Brunswick Department of Environment (DOE) issues COA that outline analysis requirements for each treatment facility. Over 9000 wastewater samples were collected and analyzed in 2011. Saint John Water consistently collects and analyzes more samples than are required by the COA because the additional information is vital in enabling the operators to control the effectiveness and efficiency of their treatment facilities' operations. All sampling results for 2011 can be seen in Appendix D. Other testing requirements, such as; NPRI, toxicity, and biosolids metals are analyzed by contractor laboratories. The Canadian Association for Laboratory Accreditation - CALA (formerly CAEAL) accreditations for Saint John Laboratory Services Ltd. and Buchanan 169 t 'r �• 2011 Annual Wastewater Report 4 Environmental Ltd. and the Standards Council of Canada accreditation for RPC can be found in Appendix E. A copy of 2011 CALA Proficiency Certifications for the Saint John Water Environmental Laboratory is enclosed in Appendix F. Compliance Since July 2008, the DOE has been automatically notified by e-mail of any non- compliance. An example of a non - compliance e-mail alert is located in Appendix G. WaterTrax, a web -based environmental data management system, was sourced and implemented in 2008. All lab results, whether internal or those sourced from outside laboratories, are compiled into a single database that allows for efficient review of facility results. Lancaster Scheme A review of data indicates that the Lancaster WWTF operated within COA effluent limits at all points throughout the year with the exception of a single suspended solids (SS) average for the month of May (22.8 mg /L). It is suspected that this result stems from mild rain combined with a brief drop in influent temperature over a three day period. The Lancaster scheme experienced 12 bypass events for a total of 1,956 m3 wastewater bypassed. The single largest event was a break in the forcemain between X Station and Y Station. An air vent valve failed. This affected all stations leading to X Station as well, including B and C. A total of 1,369 m3 bypassed during this event. Morna Heights WWTF performed slightly outside COA limits throughout the year but with no significant upsets. Routine cleaning and maintenance are performed in an attempt to limit the effects of hydraulic overload and grease and solids build up. Millidgeville Scheme The Millidgeville WWTF operated within COA limits in all instances except for the BOD5 reading of November (23 mg/L) and December (20.6 mg /1). These results are linked to higher than normal influent BOD5 levels attributed to storm conditions that also raised suspended solids considerably in the influent. In 2012, Millidgeville WWTF is going to experience an increase in daily wastewater flows due to the expansion of the lift station network in the Shamrock Park area. Studies have shown that Millidgeville WWTF has ample capacity to accept the new flow while still performing well within COA limits. The Millidgeville scheme experienced no bypass events during 2011. 170 �c,Pm � 2011 Annual Wastewater Report P 5 Marsh Creek Scheme The Marsh Creek WWTF experienced high levels of BOD5 and TSS in January and April through August. Since August, brief spikes in BOD5 put the monthly averages for September and December over COA limits by a small amount. The plant was very slow to recover from a series of disruptions. In August, a new operator modified the settings of the plant and achieved compliance with the COA. Repairs to ongoing air leaks also helped bring the plant's results into compliance. The Marsh Creek scheme experienced 6 bypass events for a total of 4,588 m3 wastewater bypassed directly to receiving water bodies. A major event that contributed 1,520 m3 to this bypass volume was a dual pump failure at Major's Brook lift station. It appears that an obstruction in one of the station's forcemains caused the pumps to go into under -load. With exercise, the obstruction was shifted, allowing the pumps to return to service. Hazen Creek Scheme The Hazen Creek WWTF was in compliance throughout the entire year, until now of wastewater was transferred to the EWWTF on August 17th. The Hazen Creek scheme experienced 11 bypass events for a total of 13,290 m3 wastewater bypassed directly to area receiving bodies. 12,660 m3 of this amount was due to an extensive wet well cleaning project at the Hickey Road lift station. This work was done so that crews could once again access the wet well to perform bar screen cleaning. This routine maintenance will help a great deal in preventing future pump failures. On March 31, 2011, a letter (Appendix H) was sent to Environment Canada requesting a time extension to permit continued use of chlorine for disinfection throughout the remainder of the 2011 season (June I" to September 30a' each year). This was in light of a slight delay in the transfer of wastewater flow from Hazen Creek WWTF to the new Eastern WWTF. As it turned out, flow transferred on August 17th and this marked the last use of chorine for disinfection. Greenwood WWTF continued to perform outside of COA limits throughout 2011. There is a plan to connect the area serviced by the Greenwood WWTF with the main sanitary collection system leading to the Eastern WWTF_ Eastern Wastewater Treatment Facility The Eastern WWTF (EWWTF) achieved COA limits immediately upon the transfer of wastewater flow from the Hazen Creek WWTF into the new facility. It continued to produce compliant results through December. 171 2011 Annual Wastewater Report OPERATIONAL HIGHLIGHTS Lancaster WWTF The Lancaster WWTF was expanded in 1990 to include an aerated lagoon of 4 cells, separated by a system of three floating baffle curtains. The condition of these curtains can have a direct impact on the treatment effectiveness of the lagoon. By mid -2010, it was determined that the baffle between cells 3 and 4 was in need of replacement, having stretched, deformed and worn to the point that it was allowing short circuiting to take place. A contractor was hired to replace the defective baffle and install an improved anchoring system for all the baffles so that it would be easier to adjust tension. During his investigations, the contractor determined that all baffles were fragile and would likely not survive the tensioning exercise. In February, 2011, the three floating baffle curtains were all replaced. Lancaster WWTF aerated lagoon with one of three floating baffle curtains visible in the background 172 2011 Annual Wastewater Report 7 Hazen Creek WWTF Demolition of Hazen Creek WWTF, September 2011. EWWTF visible in background. After more than thirty years in service, the Hazen Creek WWTF was decommissioned and demolished. On August 17`s, 2011, raw wastewater flows were diverted from the Hazen Creek WWTF to the new EWWTF located on the same property. Over the following couple of weeks, contents of Hazen Creek (activated sludge) were strategically moved to the new plant to both "seed" the new plant and prepare the old plant for demolition. Hazen Creek WWTF was built in 1980 with a capacity of 6,820 m3 per day. An activated sludge plant, it successfully performed secondary treatment right up until the day it closed. During planning of the Harbour Clean -Up project, the site of Hazen Creek WWTF was chosen as the location of a new, larger plant to service the downtown and eastern portions of the City and portions of the North End not serviced by Millidgeville WWTF. Millidgeville WWTF Jhetter erected over Mimidgeville WWTF W system, temporary side covers installed for winter. 173 • 2011 Annual Wastewater Report P 8 A permanent shelter was constructed to protect the ultra violet disinfection. system employed at the Millidgeville WWTF from inclement weather conditions. The structure consists of a solid roof and support structure for year -round protection from rain or hail, and the provision for temporary tarp walls to protect against blowing snow during the winter months. Despite the UV system's ability to function while exposed to weather, there were clear signs of degradation due to water infiltration to the various electrical control systems. Additionally, some components were at risk of damage during snow removal operations. CCME CANADA -WIDE STRATEGY FOR THE MANAGEMENT OF MUNICIPAL WASTEWATER EFFLUENT — 2011 UPDATE The Canada -Wide Strategy for the Management of Municipal Wastewater Effluent (Strategy) was endorsed by the Canadian Council of Ministers of the Environment (CCME) on February 17, 2009. On March 20'', 2010, proposed regulations under the Fisheries Act were published in the Canada Gazette that reflected the recommendations laid out in the CCME Strategy. The Strategy established National Performance Standards for wastewater effluent as follows: • Carbonaceous Biochemical Oxygen Demand (CBODS) — 25 mg/L, • Total Suspended Solids (TSS) — 25 mg/L, and • Total Residual Chlorine (TRC) — 0.02 mg/L. An additional requirement that municipalities will have to meet is their Effluent Discharge Objective (EDO), specific to each wastewater treatment facility. In order to establish EDO, municipalities are tasked with carrying out Environmental Risk Assessments (ERA) which will include a one year initial effluent characterization and an assessment of the receiving environment. ERA's are to be completed within 8 years. The City's ERA schedule is as follows: • Eastern WWTF completed by December 31, 2013, • Lancaster WWTF completed by December 31, 2014, and • Millidgeville WWTF completed by December 31, 2015. This timeline should allow the majority of Harbour Clean-Up construction to be completed prior to testing receiving water assimilative capacity. TOXICITY Since the effluent toxicity results in 2010 were good, there was no requirement to perform toxicity analysis of the WWTF effluent in 2011. Testing will resume in 2012 for the two WWTF categorized as Large, namely Lancaster WWTF and the Eastern WWTF. Testing for Millidgeville WWTF, categorized as Medium, will resume in 2013. Samples will be sent to Buchanan Environmental Ltd on a quarterly basis. 174 2011 Annual Wastewater Report 9 NATIONAL POLLUTANT RELEASE INVENTORY (NPRI) For eight years now, Saint John Water has been reporting to the NPRI due to meeting a number of "triggers" identified in their reporting guidelines (see Appendix I). There are 4 wastewater treatment facilities and a number of outfalls that trigger reporting for some parameters. These parameters are as follows; Millidgeville WWTF • Nitrate ion in solution at pH greater than or equal to 6.0 • Total ammonia Hazen Creek WWTF/Eastern WWTF • Nitrate ion in solution at pH greater than or equal to 6.0 Lancaster Lagoon WWTF • Total ammonia • Lead (and its components) Marsh Creek WWTF Outfalls • Nitrate ion in solution at pH greater than or equal to 6.0 • Total ammonia These parameters would have an effect on the toxicity of effluent but they are not at levels high enough to make the effluent `acutely or chronically toxic'. The calculation is based on the effluent flow rate and the concentration of the parameter in the effluent. WATER AND SEWERAGE BY -LAW The current Water and Sewerage By -law was passed in 1967 with minor updates since then. The CCME has included a Model Sewer Use By -law in the Strategy that Saint John Water has adopted and modified to suit our unique municipal profile. The new by -law is nearing completion in a draft form and is expected to be recommended for adoption by Common Council in 2012. This document contains more definitions and places more responsibility and obligations on industrial and business sources. 175 • 2011 Annual Wastewater Report 10 CALA CERTIFICATION - SAINT JOHN WATER ENVIRONMENTAL LABORATORY The Saint John Water Environmental Laboratory became a member of the Canadian Association for Environmental Analytical Laboratories (CAEAL) in 2006. The lab completed proficiency testing in March of 2006 and received a Certificate of Laboratory Proficiency for analyzing water and wastewater samples for conductivity, fluoride, Total Suspended Solids (TSS), Biochemical Oxygen Demand (BOD), turbidity, pH and residual chlorine. Proficiency testing is completed twice per year in March and October. In March 2007, the Laboratory became proficient for additional wastewater parameters including nitrate, ammonia, Total Kjeldahl Nitrogen (TKN), total phosphorus, Chemical Oxygen Demand (COD) and fecal coli forms. In March 2008, the Laboratory became proficient for CBOD. This is an important parameter since it is one of the standards listed in the new CCME Strategy. On October 1, 2008, the Canadian Association of Environmental Analytical Laboratories announced that it had transitioned to a new body that is referred to as the Canadian Association for Laboratory Accreditation Inc. (CALA) and forwarded a new Certificate of Laboratory Proficiency. The CCME Strategy states that "all sample analysis... will be completed by an accredited laboratory". In order to achieve accreditation, the Saint John Water Environmental Laboratory is making preparations for a CALA assessment. This is planned for 2012. CAPITAL WASTEWATER SYSTEM IMPROVEMENTS Capital improvements were made in two key areas during 2011: 1. Harbour Clean-Up, and 2. Upgrades to existing facilities. 1. Harbour Clean-Up The Harbour Clean-up program is an initiative to eliminate the discharge of raw wastewater into local receiving bodies of water (particularly Saint John Harbour). The key component is the Eastern WWTF, a conventional activated sludge treatment facility designed to treat an average of 35,000 cubic metres of wastewater per day, with a peak capacity of 80,000 cubic metres per day. Servicing an area spanning from Douglas Avenue to the Lakewood subdivision, the facility has been designed to achieve secondary treatment, delivering effluent that meets or exceeds effluent objectives as set out in the Canada -Wide Strategy for Management of Municipal Wastewater Effluent. 176 2011 Annual Wastewater Report 11 In addition to the Eastern WWTF, 22 wastewater lift stations will (in various stages of design, construction or operation) intercept existing gravity sewer lines and direct wastewater to either existing treatment facilities or the new Eastern WWTF. Construction of the Eastern WWTF was completed in August 2011. The facility has been delivering high quality effluent that exceeds Canada -Wide Strategy for Management of Municipal Wastewater Effluent and provincial objectives since opening. Three lift stations were built in 2011: Lift Station #2, located on Bayside Drive, was completed in April 2011. When activated in 2012, this station will direct flows collected from the Bayside Power area to the Eastern WWTF. Spar Cove Lift Station was completed in December 2011. Once two feeder lift stations are constructed in 2012, this station will direct flows from the area including Kennedy Street, Main Street and Shamrock Park to the Millidgeville WWTF. The Fallsview Drive Lift Station ( #30) was also completed in December 2011. This takes flows from Riverview Avenue and Fallsview Drive and directs them to the Lancaster WWTF. An additional lift station at Hitachi Crescent, off the Gault Road, was built by a developer and turned over to the City in 2011. This will collect flows from a new development and direct them to Lancaster WWTF via the Monte Cristo Lift Station. Three more lift stations, #10 at Harbour Station, #4 off Egbert Street and #8 on Crown Street, are currently under construction. All lift stations in the Harbour Clean-Up project will be completed in 2012. 2. Upgrades to existing facilities A complete pump and piping replacement was carried out at the Rothesay Avenue WWPS. The objective was to replace the two existing pumps with three new dry -pit submersible pumps and all new piping and valves. This work continues into 2012 due to complications that arose with a gate valve on the influent line to the pumping station. Upon completion, all key components of this vital lift station will have been replaced within the last five years. A third pump was added to Simpson Drive WWPS, along with a VFD. This provides backup capacity in keeping with the City's objective of having sufficient pumping capacity to maintain operation with one pump out of service. Simpson Drive WWPS is another vital link in the network transmitting flows from the eastern portions of the City to the new Eastern WWTF_ 177 �m 2011 Annual Wastewater Report 12 Repairs were carried out at Marsh Creek WWTF in order to improve treatment performance and meet the COA requirements. A number of air leaks well below the water surface affected the system's ability to clear floating scum from the clarifiers. After careful consideration, a repair method was devised that did not involve draining the tanks to access the damaged piping. This avoided added expense and impact on the environment of bypassing flows around the facility over a lengthy period. Since carrying out the repairs, the Marsh Creek WWTF has consistently delivered compliant effluent quality. Appendix J provides a detailed listing of the projects that were included in the 2011 Water and Sewerage Utility Fund Capital Program approved by Common Council. It should be noted that some of the projects will be on -going in 2012. In 2011, the utility share of capital funding to wastewater related categories (which consist of sanitary infrastructure renewal and wastewater treatment) totaled $14.1 million or as can be seen on the pie chart on the first page in Appendix J, 84.1% of the utility share of capital expenditures. OPERATOR TRAINING & CERTIFICATION The treatment facilities' COA require that an operator complete, as a minimum, the Atlantic Canada Water and Wastewater Voluntary Certification Program (ACWWVCP) Constitution's education and experience requirements to write wastewater certification exams. The water and wastewater operator training program curriculum offered by New Brunswick Community College - Saint John (NBCC) is acceptable and recognized as an equivalent for the condition of Approvals to Operate for; wastewater treatment, wastewater collection, water treatment and water distribution. The following table shows the level of certification required for each wastewater treatment facility and the certification levels of the current operating staff. Facility Name Facility Class Operator Certification Level Class 1 Class II Class III Class IV Millidgeville III 1 1 EWWTF TBD 2 Marsh Creek Il 1 1 Lancaster II 1 1 Morna Heights I 1 Greenwood I 1 Saint John Water continues to make advances in the operation and maintenance of our water and wastewater systems. Training is integral to improving operational efficiency and effectiveness. Since 2001, the City of Saint John has worked jointly with NBCC in developing training programs for our water and wastewater operators. City of Saint John 178 i' 2011 Annual Wastewater Report 13 staff, in accordance with the provincially issued COA, meet specific training and certification requirements. A number of formal training courses were offered to staff during 2011. Listed below are all formal courses that were offered, complete with a short descriptor. CFS Common — General Knowledge Water and Wastewater Fundamentals: provides knowledge and skills related to safety, mathematics and basic science as it applies to water and wastewater systems. CFS Wastewater Collection - General Knowledge Water and Wastewater Fundamentals: provides knowledge and skills related to safety, mathematics and basic science as it applies to Water and Wastewater systems. Support Systems Water and Wastewater Fundamentals: provides knowledge of major components, principles and proper operation of common equipment including pumps, drive systems, engines and generators, compressors, valves, and control components. Wastewater Quality Fundamentals: provides knowledge and skill related to wastewater quality assurance, and quality control, including wastewater sampling and quality, public health implications and regulatory requirements. Wastewater Collection Process: provides knowledge and skill related to wastewater collection system operation and maintenance, including wastewater collection overview, gravity sewers, sewer operation and maintenance, wastewater lift stations, wastewater force mains, disinfection processes, wastewater treatment overview. CFS Wastewater Treatment - Support Systems Water and Wastewater Fundamentals: provides knowledge of major components, principles and proper operation of common equipment, including pumps, drive systems, engines and generators, compressors, valves, and control components. Wastewater Quality Fundamentals: provides knowledge and skill related to wastewater quality assurance and quality control, including wastewater sampling and quality, public health implications and regulatory requirements. Wastewater Treatment Process: provides knowledge and skill related to wastewater treatment system operation and maintenance, including wastewater treatment overview, preliminary treatment, primary treatment, secondary treatment, sludge management, disinfection processes, tertiary treatment. Confined Space Entry - Participants develop knowledge and skills in confined space entry that meets and exceeds legislated requirements. Training topics include: the legal regulations, standard operating procedures, confined space audit, confined space entry and confined space rescue. Confined Space Rescue - Participants learn to safely and effectively perform confined space rescue. The course covers: a review of confined space entry procedures, atmospheric monitoring and control systems, duties of rescue personnel, personal protective equipment, self contained breathing apparatus, 179 — 2011 Annual Wastewater Report 14 rescue equipment including lifeline, retrieval system, stretcher, casualty packaging and manipulation, rescue procedures and engaging first responders. CPR/First Aid - This course is provided for reasons of workplace safety. It explains to individuals the fundamentals of first aid and basic life support. Customer Service - Participants learn the basic principles of customer service with the aim of better serving our internal and external clients. Topics include: the customer - centered organization, internal customers, external customers, identification of needs, prioritization of needs, review of values -based behaviour, elements of high quality service, implications of low quality service, service examples and lessons learned. Effective Communication - The goal of this program is to develop knowledge and skill in interpersonal and team communications in the context of our business, using a variety of techniques including role playing, group discussion, and case studies. The critical importance of effective listening and feedback technique is emphasized as a crucial element in the building of positive workplace relationships. Fall Arrest Protection - This is a one day training program, the goal of which is to equip employees with the knowledge and skill required to employ industry standard best practices in Fall Arrest in a variety of operational tasks within Saint John Water, including Confined and Hazardous Space Entry and Rescue. Fire Extinguisher - In this course, participants learn how to classify the types of fires and to use fire extinguishers correctly. Topics include; fire chemistry, fire classification, types of fire extinguishers, fire extinguisher rating, symbols used on fire extinguishers, selecting a fire extinguisher, use of fire extinguishers and inspecting fire extinguishers. HTE Payroll - Participants learn to use the HTE payroll system for Hours Entry. The course includes instruction on general HTE procedures, payroll overview, hours entry and hours proof. HTE Work Reguests & Job Order - This course teaches participants to use the City's HTE work request job order system. After an introduction to HTE system environment, participants learn how to create internal work requests /job orders, search for work requests /job orders and close job orders. Leadership - This course is designed for municipal frontline, supervisors and managers (both hourly and staff) who want to contribute to their development as leaders of their organization by leading from the inside out. Knowledge is gained by applying" theory" to real life examples that require interactive group discussion, problem solving and role playing. :1 �c`�ohn lydf ~ 2011 Annual Wastewater Report 15 Job Coaching - This course prepares peer trainers to become successful field coaches. The course covers; understanding adult learning needs; the coaching process; setting up the field coaching environment; guidelines for instruction; guidelines for feedback; setting goals and objectives for the trainee; developing checklists; evaluation progress; learner reactions and feedback. Natural Gas Safety - Participants learn safe work practices for carrying out street construction operations near natural gas pipelines. The lecture also includes complying with regulations for natural gas pipelines, regulatory authority, notification procedure, penalties associated with non - compliance, required work method and emergency procedures and hazards associated with natural gas. Occupation Health and Safety 1 — This course covers the following; responsibilities under Occupational Health and Safety Act, role of Joint Health and Safety Committees, due diligence, construction safety and the role of the highway signaler. Occupational Health and Safety 2 - Participants learn about the Health and Safety Improvement System (HSIS). Topics include: safety and quality, quality systems general (iterative, audit -based processes), the HSIS framework, implementation methodology and expected outcomes. Orientation — A general orientation to the City of Saint John. This 2 -hour basic orientation provides introduction to the Corporate Strategic Plan, our Values, Vision, etc. Other topics covered include; pension, benefits, training and contact information. Professional Driver Improvement - Participants develop skills to prevent collisions by learning a positive approach to driving. Resource Management - Participants learn the basic principles of Human Resource Management, Property Management and Financial Management. Training topics include: the City's budget process, financial reporting and analysis, inventory and purchasing procedures and fleet management procedures. Respiratory Protection — Participants learn about the types of respiratory protection equipment and how to safely use this equipment. The instructor reviews standard operating procedures and worker's responsibilities. Also discussed are: the type, selection and use of respirators, fit testing, medical evaluations as well as maintenance and care of respirators. Tag Out Lock Out — According to NB Regulation 91 -191, under the Occupational Health and Safety Act, workplaces must have a written lockout procedure for each machine that is cleaned, maintained, adjusted or repaired. The procedure identifies the proper steps to follow in order to safely lock out the machine. 181 2011 Annual Wastewater Report lb Transportation of Dangerous Goods (TDG) — Participants learn about the Transportation of Dangerous Goods Act and become legally certified to transport materials covered by this legislation. Topics include: TDG classifications, packing requirements, TDG symbols, shipping documents and dangerous occurrences. Supervisory Training — The objective is to develop supervisory personnel by providing a series of training modules focusing on key supervisory competencies. WHMIS _(Workplace Hazardous Materials Information Svstem) — A system in Canada that provides information on the safe use of hazardous materials in the workplace. Information is provided by means of product labels, material safety data sheets (MSDS) and worker education programs. Work Zone Safety - This course is to protect employees from vehicular traffic passing through construction sites. It teaches control procedures, personal protective equipment, general design instructions and emergency procedures. As summarized below, in 2011 several members of the Saint John Water team challenged and achieved class I, II, III or IV certification. Water Distribution, ` Water Treatment, 'Wastewater Collection," Wastewater Treatment In addition to the new certifications achieved by staff over the past year, Appendix K provides a comprehensive summary of all staff certifications achieved to -date. :. Certifications Achieved in 2011 I"u �F ICI � I��l W y W I~�I W WWI, h V on ra Cd ee � w � a as V U V V NAME U U U U U U tj Harley Dickson • Brenda MacKinnon Ron MacRae • Jeremy Howley • Adam Newman • Graham • Huddleston Water Distribution, ` Water Treatment, 'Wastewater Collection," Wastewater Treatment In addition to the new certifications achieved by staff over the past year, Appendix K provides a comprehensive summary of all staff certifications achieved to -date. :. c�yohn A 414M �1 ^� 2011 Annual Wastewater Report 17 Operator Trainins & Certification — Wastewater Treatment Approvals to Operate for Lancaster Lagoon and Marsh Creek facilities each include the following condition of operation. The Approval Holder (City of Saint John) shall employ, as a minimum, one (1) Class I and one (1) Class II Wastewater Treatment Certified Operator to operate the wastewater treatment facility. The Approval to Operate for the Millidgeville Wastewater Treatment facility requires that the following condition be met. The Approval Holder shall employ, as a minimum, one (1) Class II and one (1) Class III Wastewater Treatment Certified Operator to operate the wastewater treatmentfacility. The Approval to Operate for the two trickling filter facilities; Greenwood and Morna Heights include the following condition. The Approval Holder shall employ, as a minimum, one (1) Class I Wastewater Treatment Certified Operator to operate the wastewater treatment facility. With respect to certification requirements, as noted below, in each instance the certification level of the operator in charge is equivalent to or exceeds the system classification. WASTEWATER TREATMENT Operator Name Operator Certification Level System Classification Ed O'Neill Wastewater Treatment Level III Class III ( Millidgeville) Rick Hachey Wastewater Treatment Level 11 Class II (Marsh Creek) Frank Hebert Wastewater Treatment Level 1I TBD (Eastern WWTF) Michael Montgomery Wastewater Treatment Level II TBD (Eastern WWTF) Bruce Slovitt Wastewater Treatment Level II Class II (Lancaster Lagoon, Morna Heights and Greenwood) 183 2011 Annual Wastewater Report 18 Operator Training & Certification — Wastewater Collection In addition to each of the above conditions listed in the various facility Approvals to Operate, the following condition is included in all 6 Approvals to Operate. The Approval Holder shall ensure that the Operator(s) responsible for the wastewater collection system have, as a minimum, the ACWWVCP Constitution's education and experience requirements to write a Class I Wastewater Collection System Operator Exam. As summarized in the table below, each of the operators' certification level exceeds that of the system classification. WASTEWATER COLLECTION Operator Name Operator Certification Level System Classification Clyde Carpenter Wastewater Collection Class II Class I (for WWC) Brian Keenan, P. Eng. (Water Distribution Class II) Engineering Manager, Municipal Gary Melanson Wastewater Collection Class II Class I (for WWC) John Clack (Water Distribution Class 11) Manager, Water Use Management William Melanson Wastewater Collection Class II Class I (for WWC) James Margaris, P.Eng. (Water Distribution Class II) Superintendent, Wastewater Treatment George Payne Wastewater Collection Class 11 Class I (for WWC) (Water Distribution Class II) HUMAN RESOURCES Responsible Staff Patrick Woods, CGA Paul Groody, P. Eng. City Manager Commissioner, Municipal Operations & Engineering (responsible for Saint John Water) Kendall Mason, P.Eng. Brian Keenan, P. Eng. Deputy Commissioner, Saint John Water Engineering Manager, Municipal Engineering Jeremy Howley, P.Eng. John Clack Operations Manager, Manager, Water Use Management Water & Sanitary Systems Graham Huddleston, P.Eng. James Margaris, P.Eng. Operations Manager, Superintendent, Wastewater Treatment Environmental Protection Facilities ., 4 t .on 2011 Annual Wastewater Report 19 New Hires During 2011, the City of Saint John hired 3 new employees within Saint John Water operations. Each new hire is listed in the table that follows. Name Status Andrew Parsons New hire — Skilled Worker Jared Hunter New hire — Skilled Worker Colin Broemeling New hire — Skilled Worker Staffine Changes In addition to the new employees hired during 2011, there were several Saint John Water staffing changes which are summarized in the table below. Name Status Brent McGovern, P.Eng. Resigned as Deputy Commissioner, Saint John Water Wade St. Coeur Resigned from the position of Instrumentation Technician Frederick McGrath Retired from position of Operator, Wastewater Collection Class II Daniel Melanson Retired from position of Operator, Wastewater Collection Class II Gary Melanson Retired from position of Operator, Wastewater Collection Class II George Payne Retired from position of Operator, Wastewater Collection Class II Colin Broemeling Resigned from the position of Skilled Utility Worker Kendall Mason, P.Eng. Hired as Deputy Commissioner, Saint John Water 185 -f' 2011 Annual Wastewater Report 20 PUBLIC INFORMATION Communications During the 2011 capital construction season communication was regularly provided to citizens by means of weekly construction updates, a few examples of which can be seen in Appendix L. This information, compiled by staff in Municipal Operations & Engineering, was shared with the public via of the City of Saint John website, news releases carried in the local newspaper and by email to large distribution groups. The regular updates provide citizens with information relating to the limits of work, project start date, work to be accomplished, traffic impacts where applicable and projected end date. The City's Corporate Communications staff provided excellent support to the Wastewater Service throughout the year. COMMITMENT Treated wastewater enhances the public health of Saint John citizens and is vitally important as Saint John continues to grow. Significant advances continue to be made at Saint John Water with respect to wastewater treatment. However, much work remains and the City is committed to following through on its long -range plans for system improvement, including full treatment of all collected wastewater. Sustained commitment, vision and strong leadership at every level, working with the community and regulators, will help stakeholders accomplish the essential objectives. :. REP F" TO COWNION COUNCIL M &C- 2012 -31 February 9, 2012 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: REVISED DIGITAL GEOGRAPHIC INFORMATION DISTRIBUTION POLICY Background City of Saint John The original digital geographic information distribution policy, approved by resolution of Council on March 29, 2005, provided authority to the GIS Division to sell the Corporation's digital geographic information to outside users at the prices listed in Appendix A. Since the policy took effect, sales have averaged $34,536 per year. $80,000 $70,000 $60,000 $50,000 $40,000 $30,000 $20,000 $10,000 S- GIS Data Sales 2005 2006 2007 2008 2009 2010 2011 In an effort to generate an additional $12,500 in revenue from GIS data sales, as required in the 2012 operating budget, Staff is proposing to restructure fees for digital geographic information as outlined in Appendix B. Since the original policy has been adopted, prices haven't changed and many new datasets have been created for which there was no pricing, therefore no sales. Staff has taken this opportunity to add these new datasets to the price list. 187 In addition, because policing the types of uses has also proven impracticable, Staff has collapsed the various types of use fees into one set of fees for first -time purchase and another for update purchases. In an effort to avoid higher consulting costs, data has been provided, at no cost, to firms hired by the City to perform work. As a show of support to the community, data has also been provided at no cost to non -profit or charitable organizations as well as to educational institutions. It is proposed that Council adopt a policy to formalize this practice as well. Recommendations It is recommended that Common Council repeal the digital geographic information sales policy, approved by resolution of Council on March 29, 2005, providing authority to the GIS Division to sell the Corporation's digital geographic information to outside users at the prices listed in Appendix A. It is recommended that Common Council adopt the digital geographic information policy providing authority to the GIS Division to sell the Corporation's digital geographic information to outside users at the prices listed in Appendix B and to provide authority to the GIS Division to continue to provide digital geographic information at no cost to firms hired by the City, to non -profit or charitable organizations and to educational institutions. Respectfully submitted, Ken Forrest, MCIP, RPP Commissioner Planning and Development YL im Patrick Woods, C.G.A. City Manager a x s d R CL Q vJ i.J r ^� r yrry� Rr� 0 TTV �V �1 d . r..t LIM w' w� Ta G z c 3. 1 j O O 7 O O ° O O o C> Cl O sMi9 O O uN9 o 8 °o °O 8 b O O O O O O pp O V W b Q S r , b Vf 11 N V! 6�9 64 69 d W Y W 7 O O O N N o N rn O ( b EE u 69 4N9 4n VNry S Q 8 a m o _ .S eo U � b � CL C1 as a p O p 4 O 4 O 4 O O O O O O O O Q c7 O G7 w � W 69 s9 4.9 3 pp °4A K (A WW N s9 (Mn- fA V°i 69 M C Y F Ad C6 L 0 °o °o °° °o °o 94 st C o N O N o N rn p 69 0o l9 6N9 6�9 G"ll 609 yO 69 =CL O E s o x v ci O O pp O O O pp pp pp 0 r 6 4 O b O y O O C 6 O Vl O O V 4 io� �oq s9 N Y pp pp . c H %9 V1 N � V! Vl iIi V) Vi NY a N S Z Q .1 Q U � J Q E Q y o � O � mot. f ry y Q h � � C C i� `r Q "• 8 A N° k W 6°., 5 Q u h Q i B Q �n A ,o ZZ w' w� Ta G z c 3. 1 j O O 7 O O ° O O o ^% d a 0 Cl O sMi9 O O uN9 O Q 0 G+ u Q 8 a m o .S eo U � b � C1 as a Appendix B C"Ity of Saint John. Digital Geographlic t la Pricing r G! S P r0r, d & S c C, S r First -time purchase Updates Per long Entire city Entire City Topography 1 -meter interval elevation contours $30 $1,500 $500 Elevation mass points & breaklines $27 per the $4,000 Gra scale (per s uarefoot) WAR elevation points $75 - Lakes - $150 - Streams $150 Aerial Photography Current colour ortho hotos $90 per tile $13,500 Current colour orthophotos (PDA area only -139 tiles ) $9,000 Historic colour ortho hatos $60 per tile $9,000 Geo- referenced oblique aerial photos $30 per photo $1000 Transportation / Addressing Street centrelines including street address ranges) $30 $1,500 $500 Railroads - $150 $150 Bike routes $150 $150 Bus Routes $150 $150 Bus Stops $150 $150 Trails $150 $150 Parkin lots - $150 $150 Individual civic numbers $30 $1,500 $5D0 Land Development Zoning $10 $500 $150 Future land use $10 $500 $150 Heritage conservation areas - $150 $150 industrial arks $150 $150 Flood lain - $150 $150 Easements $20 $1,000 $250 Other Datasets Building footprints $150 $150 Points of interest $100 plus $10 per feature type - Postol orwardsortation areas $100 Electoral words $100 Municipal Boundaries $100 NOTE: All per km2 purchases lexce t ortho hotos and mass points & breaklines will Incur a $100 processing fee, in addition to the cost of the data. r G! S P r0r, d & S c C, S r Pricing for any additional datasets, products or services offered in the future will be established by the GIS Division. Last updated Feb. 9, 2012. 190 Hardcopy maps 1:15,000 street ma $60 Street list $15 GIS Labour Per hour $100 Plotting Colour (per s core oot $5 Gra scale (per s uarefoot) $3 Pricing for any additional datasets, products or services offered in the future will be established by the GIS Division. Last updated Feb. 9, 2012. 190 REPOR"r TO COMMON COUNCIL M &C- 2012 -24 February 8, 2012 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Implementation of 2012 Operating Budget re Planning Fees BACKGROUND: City of Saint John On February 1, 2012, Common Council adopted the City's 2012 Operating Budget. The budget features a variety of spending reductions as well as measures aimed at increasing non -tax revenues, such as increases in user fees and application fees. With regard to planning - related fees, specific mention was made of rezoning/Section 39 applications and zoning confirmation letters during the budget preparation process. The purpose of this report is to recommend initiation of the necessary amendments to the Zoning By -law that would implement these fee increases. ANALYSIS: The fees for rezoning/Section 39 amendment applications and for zoning confirmation letters are prescribed in Section 910 of the Zoning By -law. The current fee for a rezoning or Section 39 amendment is set at $1,000, while the fee for a zoning confirmation letter is currently $25. Rezoning and Section 39 Applications With regard to rezoning and Section 39 amendments, it is proposed that the application fee be increased from $1,000 to $2,000, plus an additional amount for recovery of the advertising costs. A $2,000 fee had actually been contemplated when the application fee was raised from $400 to $1,000 in 2010 as a result of the Hemson Report's recommendations. However, at that time it was anticipated that the full $2,000 fee would not be implemented until after adoption of the new 191 M&C- 2012 -24 -2- Zoning By -law. As the new By -law is not expected to be ready for adoption until late 2013 or early 2014, increasing the fee at this time moves up that schedule by approximately 18 to 24 months. It should be noted that both Moncton and Dieppe already charge a $2,000 application fee for rezonings. The Common Clerk has advised that the average cost for advertising in 2011 was $470 (plus HST) per ad placement. Based on the current practice of placing two public hearing ads in the newspaper, an additional charge of approximately $1,000 would be required in order to recover the cost of advertising, for a total application fee of $3,000. When an application includes an amendment to the Municipal Plan, an advertising charge of approximately $1,500 would be required, for a total application fee of $3,500, due to the requirement to advertise an initial Public Presentation in addition to the two Public Hearing ads. Proposed Change to Number of Ad Placements for Rezonings and Section 39 Amendments While the City's historic practice has been to place two newspaper notices for a public hearing, subsection 68(7) of the Community Planning Act actually provides that the second ad placement is not required for proposed rezonings and Section 39 amendments as long as the owners of land within the affected area and within one hundred metres thereof, other than a person applying for the rezoning, are advised in writing of the proposed amendment. The City already sends letters to property - owners within a radius of 100 metres of the land affected by proposed amendments. These letters include an explanation of the proposal, instructions for sending written comments, and the date, time and place of the public hearing, as well as that of the Planning Advisory Committee's meeting. February 8, 2012 Given that the requirements of Section 68(7) of the Act are already being followed by the City, the second notice of public hearing is not necessary when the application does not involve an amendment to the Municipal Plan. The reduction in number of ad placements will result in a savings of approximately $500, which can be passed on to the applicant. The resulting application fees can therefore be $2,500 when no Municipal Plan amendment is required and $3,500 when the proposal also requires a Municipal Plan amendment. It should be noted that the new fees still represent only 20 to 30 percent of the average actual costs to process an application, which were estimated to be more than $11,000 by the Hemson Report. Fees for Zoning Confirmation Letters As noted above, the current fee for providing a zoning confirmation letter is $25. It is proposed that this fee be increased to $100. This is also comparable to the fee charged by Moncton and Dieppe. 192 M & C —2012 —24 -3 February 8, 2012 RECOMMENDATION: It is recommended that Common Council: a) direct the Commissioner of Planning and Development to prepare the appropriate amendments to the Zoning By -law that would: • increase the application fee for rezoning and Section 39 amendments, from $1,000 to $2,500 (for applications not requiring a Municipal Plan amendment) and $3,500 (for applications that require a Municipal Plan amendment); • increase the fee for providing a zoning confirmation letter, from $25 to $100. b) refer the proposed amendments to the Planning Advisory Committee for a recommendation; and c) schedule a public hearing for consideration of the proposed amendments for Monday, March 26, 2012 at 7:00 p.m. in the Council Chamber. Respectfully submitted, Ken orrest, MCIP, RPP Commissioner Planning and Development J. Patrick Woods, CGA City Manager KF /r 193 1 ?SPORT TO COMMON COUNCIL M &C-- 2012 -32 February 13, 2012 His Worship Mayor Ivan Court & Members of Common Council Your Worship and Members of Council, SUBJECT: Implementation of 2012 Operating Budget Heritage Reforms BACKGROUND: 1 City of Saint john On February 1" 2012, Common Council adopted the City's 2012 operating budget which featured a variety of service reductions as well as measures to increase revenues through increased user and application fees. For the City's Heritage Service, the budget included fee increases for heritage applications and reductions in the grants for Heritage Conservation. Amendments to the Heritage Conservation Bylaw are required to fully implement the changes contained in the budget. This process requires Council to seek the advice of its Heritage Development Board and also hold a public hearing before the fee changes can take effect. The hearing date to consider the Bylaw changes is proposed for the March 12, 2012 Common Council meeting. The purpose of this report is to provide Common Council with the required amendments to the Heritage Bylaw. ANALYSIS: New Heritage Fee Schedule Current State The administration of Saint John's Heritage Conservation Program requires significant resources with more than 770 registered heritage properties in 11 designated heritage conservations areas. The program involves a high level of technical review, involving staff and the Heritage Development Board. An ongoing Heritage Program Review has identified concerns with sustaining the current levels of service with the available resources. The introduction of heritage fees will help offset these administrative costs. 194 M & C — 2012 — 32 - 2 - February 13, 2012 The recently adopted N.B. Heritage Conservation Act, now require that fees be included in a Municipal Heritage By -law. Recommended Reforms Heritage staff are recommending that a $100 fee be established for heritage permits and a new fee of $100 be introduced for letters confirming properties are located in a designated heritage area. Assuming the current level of applications continue the potential exists to generate at least $10,000 in new revenue per calendar year. Reforms in the Grants Program for Heritage Conservation The approved 2012 Operating Budget includes a reduction of $100,000 from the City's Heritage Grants Program, a 50% reduction from its 2011 level of $200,000. Current State The Grants Program for Heritage Conservation currently provides incentives to encourage development of heritage conservation areas through three types of grants: 1. Heritage Maintenance Grants: Small scale grants of up 20% to maximum of $1000 per year are provided for routine maintenance improvements such as painting, repairs, and storefront signage. In 2011, 44 % of the total applications processed under the program were maintenance grants accounting for about 11% of the total grant program budget. 2. Heritage Conservation Grants: Heritage conservation grants target support for larger conservation projects which have a conservation plan in place. In 2011, these applications represent about 44% of the total applications and account for 83% of the total grants budget. For conservation grants, there are two levels of support provided depending on the nature of the project: a. 20% of up to a maximum of $5,000 for minor conservation work; b. 40% of up to a maximum of $10,000 for major projects incorporating structural openings or masonry work (major). 3. Heritage Conservation Plan Grants: Grants are provided to offset the costs of retaining a design professional to develop a Conservation Plan for designated heritage properties. Consen ation Plans are undertaken by a design professional such as an architect or engineer and identify a phased plan to undertake required heritage conservation work. These costs are funded of up to a 50 % to an established maximum depending on the nature of the project (e.g. a greater maximum is set for commercial facades as compared to single unit dwellings). In 2011, these represented 195 M & C — 2012 — 32 - 3 - February 13, 2012 about 12% of the total number of applications and 6% of the grant funding. For the past number of years the annual grant budget of $200,000 has not been sufficient to fund the number of requests for grant funding; the total grant envelope is allocated on a first come -first serve basis, with funding usually fully committed by late summer / early fall. Recommended Reforms Although not mandated by the N.B. Heritage Conservation Act, the delivery of a heritage grants program helps sustain continued economic development and helps to make Saint John a more liveable community. The funds invested by the City in heritage conservation leverage significant private sector investment and generate economic development. Therefore, the ($100,000) reduction in this year's heritage grant budget will require a number program reforms to ensure that the heritage grants program is targeted towards the projects which maximize benefits for heritage conservation in Saint John, while continuing to stimulate economic development. The following changes are recommended by Heritage Staff: 1. Target the Grants for Heritage Conservation towards major conservation projects which provide the greatest public benefit to conserving the City's heritage assets. Major improvement projects leverage significant investment in heritage resources that wouldn't otherwise occur without municipal investment and provide the greatest opportunity to ensure ongoing stewardship of heritage assets. These applications will continue to require the preparation of a conservation plan. The amounts eligible for major conservation projects will be reduced to allow a greater number of projects to be funded with the reduced program envelope (proposed 20% funding to a maximum of $7500). Also changes are recommended to remove eligibility for certain improvements such as new infill construction, to target program efforts towards heritage conservation. 2. Maintain funding for Conservation Plans which are an important tool to ensure sound conservation practices over the longer term. In order to address the smaller program funding envelope, minor adjustments are recommended to the grant criteria to reduce eligible funding amounts from 50% to 35% funding and lower the maximum grant to $1000. 3. Eliminate heritage maintenance grants of under $1000. These types of applications consume a disproportionate share of the administrative resources of the grants program for routine improvements which should occur as part of a regular maintenance program. These applications representing on average about 44% of applications but only account for 11% of the funding. Experience has shown that these projects are often deferred and many are not dependent on the grant. Given the level of 196 M & C —2012 —32 - 4 - February 13, 2012 improvement (average payouts are just over $700), reduction of the funding for these types of projects can be rationalized on the basis of their limited degree of impact on the heritage conservation program. The proposed Policies, Objectives, and Eligibility Criteria of the Grants for Heritage Conservation Program are attached which detail the proposed changes. It is recommended that before Council adopts the amended Grant Guidelines, it seek the input of the Heritage Development Board who are actively involved in the review and approval of heritage grants. The Heritage Development Board would be requested to provide its feedback on the changes prior to Council's approval. Beginning in January 2012, all grants applications received by the Heritage Development Board were approved conditional on the budget being approved by Council. Applications received to date represent a significant portion of the $100,000 budget established for the grants program (about 60 %), therefore, it is recommended that the new grant guidelines be made effective for the 2012 budget year and guide consideration of all applications for this year. Applications will continue to be evaluated on a first come -first serve basis until the budget is committed. Going forward, it is anticipated that it would be beneficial to implement a more competitive grant process which is evaluated on a semi - annual basis to ensure the most worthy projects receive funding. This approach should be linked with further changes in the heritage program which will reduce administration for smaller more routine applications. Attachments A. Proposed Amendments to the Heritage Bylaw to Implement New Heritage Fee Schedule B. Proposed Changes to the Policies, Objectives, and Eligibility Criteria of the Grants for Heritage Conservation Program RECOMMENDATION: It is recommended that Common Council: 1. Give notice of its intention to consider adoption of proposed amendments to the Heritage By -law as contained in Appendix A to incorporate a new fee structure for heritage applications at a public hearing to be held on March 12 2012 at 7:00pm in the Council Chamber; 2. Refer the proposed bylaw amendments to the Heritage Development Board for advice to Council prior to first and second reading; 197 M & C — 2012 — 32 -5 - February 13, 2012 3. Refer recommended 2012 Grants for Heritage Conservation Program to the Heritage Development Board for review and input prior to Council approval of the proposed reforms. Respectfully submitted, Ken Forrest, MCIP RPP Commissioner Planning and Development J. Patrick Woods, CGA City Manager JH .; M & C — 2012 —32 . 6 - February 13, 2012 Attachment A: Proposed Amendments to the Heritage Bylaw to Implement a New Heritage Fee Schedule A LAW TO AMEND THE SAINT JOHN HERITAGE CONSERVATION AREAS BY -LAW HC -01 Be it enacted by The City of Saint John in Common Council convened, as follows: The Saint John Heritage Conservation Areas By -Law (HC -1) enacted on the 9th day of October, A.D. 2007, is amended by: Adding the following as a new Section 18 "A person who seeks a Heritage Permit [Certificate of Appropriateness] in accordance with this By -Law pursuant to the Municipal Heritage Conservation Act (M -21.1) shall (1) Submit to the Heritage Officer: a) A complete application signed by the owner; and b) At the time of the request, a fee of $100 payable to the City of Saint John; (2) Fees for Heritage Conservation service shall be: a) $100 for an application for a Heritage Permit; b) $100 for providing a letter of confirmation that a property i. is / is not in a Heritage Conservation Area; or ii, there are / are not violation(s) of the Heritage Conservation Areas By -Law against the property." 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 _ th day of March, A.D. 2012 and signed by: Mayor Common Clerk 199 M & C — 2012 — 32 - 7 - February 13, 2012 Attachment B: Recommended Reforms to the Grants for Heritage Conservation Program Objectives: Grants for Heritage Conservation Program Primary: • To encourage retention of designated heritage buildings and their character - defining elements, including their traditional materials and details; • To maximize conservation of the character defining elements of designated heritage buildings using an approach o£ understanding, documenting, planning (for proposed use) and then intervening; Secondary: • To create employment opportunities for the citizens of Saint John; • To discourage demolition of designated heritage buildings; To reduce landfill and the impact on the environment by demonstrating that the greenest building is one that already exists; • To encourage owners to undertake necessary but costly major conservation projects. Categories of Grants To be eligible for receipt of funds from the Grants for Heritage Conservation Program the building must be in a Heritage Conservation Area designated by Common Council. There are two categories of grants: 1) Heritage Conservation Plan Grant • 35% of costs up to 51,000 for commercial or residential buildings to retain a design professional to prepare a Conservation Plan for a building; and 2) Heritage Conservation Development Grant • 20% of costs up to $7,500 per year, based on $37,500 or more spent on conservation of character defining elements and replacement in -kind when necessary, (based on an analysis of condition) of elements and details on the exterior of a building. ■ 200 M & C — 2012 —32 - 8 - February 13, 2012 Policies for Approval: Grants f or Herita a Conservation Program The Grants for Herite Conservation Proms is an incentive program designed to encourage owners to meet the spirit and intent of the Saint John Heritage Conservation Areas Bylaw, as expressed in the national Standards for Conservation of Historic Places and Saint John's own series of Practical Conservation Guidelines. Heritage Grants are not construction subsidies; they are intended to assist owners to retain traditional materials and details of character- defining elements and, if necessary, replace them with new elements matching the original materials and profiles: 1) A Heritage Conservation Development Grant will only be approved if- a) a Conservation Plan for the building has been prepared by a design professional; b) a Heritage Permit was approved before work started; c) the work is completed as indicated on the approved Heritage Permit; d) the work is completed in a professional manner and shows good craftsmanship and attention to detail; e) there are no outstanding violations and /or Building Permit warrants; 2) A Heritage Conservation Development Grant will only be released following submission of a) a request for payment; b) receipts or cancelled cheques; and c) confirmation by the owner and contractor that the work was completed in accordance with the conditions of approval and as indicated on the Heritage Permit; 3) The following work is not eligible for funding under the Grants for Heritage Conservation Program: a) work involving the use of contemporary or alternate materials; b) work on flat roof membranes including galvanized and pre - painted flashings [note: work on portions of roof beyond a 45 degree angle relative to the facades of the building will be considered as a wall and will be eligible for funding, provided that copper, slate or wood shingles are utilized; c) new (infill) construction projects [note: additions to existing buildings evaluated under Section 8 of the Heritage Conservation Areas By -Law are eligible for funding. 201 REPORT TO COMMON COUNCIL February 9, 2012 M &C2012 -27 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council: SUBJECT: TRAFFIC CALMING POLICY BACKGROUND The City of Saint John Many Canadian municipalities have a policy that defines how and where neighbourhood concerns of high vehicle speed or volume are addressed. The City of Saint John currently has no such policy. Since early 2008, over 80 citizen requests to reduce vehicle speed or volume have been received by the City. Requests are city wide and include both major thoroughfares such as Golden Grove Road, Grandview Avenue, Lancaster Avenue, Loch Lomond Road, Manchester Avenue, Millidge Avenue and Westfield Road as well as smaller neighbourhood streets such as Anglin Drive, MacLaren Boulevard, Porter Street, Scotiaview Drive, and Simpson Drive. This level of interest by citizens makes it clear that Saint John needs a Traffic Calming Policy. Two comprehensive Traffic Calming Plans have been implemented in recent years. Speed humps and a reduced speed limit on Heather Way were implemented in 2009. On Simpson Drive speed humps, increased signage, more durable crosswalk markings, and a more defined School Zone were placed between 2010 and 2011. Experience from both projects was valuable in staff's development of a Traffic Calming Policy. ANALYSIS Staff has developed a Traffic Calming Policy for Common Council's consideration, which is attached to this report. Staff is recommending that Council adopt this Policy, approve changes to the City's Traffic By -Law and direct the City Solicitor to consider applicability within the City's Local Improvements By -Law to support implementation of the Policy. Staff describes how this recommended Policy was developed and key components of it in this report. Best Practice Review Staff reviewed traffic industry best practices in developing the recommended Policy. The "Canadian Guide to Neighbourhood Traffic Calming ", a document completed in partnership between the Transportation Association of Canada (TAC) and the Institute of Transportation Engineers (ITE) was referenced. Other industry best practice documents, mainly developed by 202 M &C2012 -27 February 9, 2012 Page 2 TAC, were also examined. Staff reviewed policies from Calgary, Hamilton, Oakville, Port Moody, Toronto, Waterloo, Sudbury, Halifax, Milton, Aurora and Quispamsis. This review was a diligent step in developing a made for Saint John solution grounded by best practices. Policy Components Staff drafted the attached recommended Policy based on the best practice review, sound engineering judgment and experience with an understanding of Saint John's own opportunities. Input from key Service Areas and the community was received and considered in the Policy. The Policy is mainly organized chronologically as it would be followed for every investigated and implemented Traffic Calming Plan for a neigbourhood. The Introduction discusses the need for a balance between different uses of City streets. The Policy goal, objectives and guiding principle, described on pages 3 and 4 of the Policy, are grounded in fairness and equity, and for achievement of real results. Proactive observance of sound transportation and land development planning are described on page 5. These steps are key to avoiding some concerns of high vehicle speed or volume instead of reacting to them after they develop. Identifying the ways in which a Traffic Calming Plan may be requested is important. Page 5 describes the four ways such a plan can be triggered. Measured evidence of vehicle speed or volume problems should support concerns expressed by a neighbourhood. In the end, streets have appropriate speed limits and are meant to carry a certain number of vehicles each day. Mitigating measures should only be used where there is evidence that these limits are exceeded. Page 6 describes three criteria, where one must be satisfied for a Plan to be continued. Most policies of other municipalities include such criteria. The third criterion considers lower thresholds for those Saint John streets with no sidewalks. The rate of requests from citizens for traffic calming over the past few years (approximately 20 per year on average) exceeds the current capacity of the City to implement an estimated 3 Traffic Calming Plans per year. Prioritizing each Traffic Calming Plan based on a clear and objective weighting system (page 7) ensures the Plans in most need of implementation get completed first. The timing of development and completion of a Traffic Calming Plan can be influenced by its priority or consideration with timing of a planned Capital project or alignment with a Neighbourhood Plan being developed by the P1anSJ team. Pages 7 and 8 describe how this coordination would occur. Physical changes to the street are proven to be the most effective means of slowing down vehicle traffic. Speed Humps, Raised Crosswalks, Street Narrowing, Traffic Circles, Roundabouts, and Directional Closures are examples of physical traffic calming measures described on Pages 8 through 11 in the Policy. Other complimentary non - physical measures such as land use planning, painted white or yellow lines, a change in the posted speed limit, speed display signs, 203 M &C2012 -27 February 9, 2012 Page 3 school zone signs, brighter crosswalk signs, pedestrian signals or full traffic signals may be included in such Plans. The role of Police in enforcing speed limits is also recognized, but like every service, resource levels will dictate where and when presence is possible. The appropriate uses of Multi -Way Stop signs are clarified on page 11. The Manual of Uniform Traffic Control Devices for Canada, a TAC manual, provides a number of criteria based on vehicle volumes, pedestrian volumes, accident history and delay to vehicle traffic to indicate where these control devices should be placed. The Manual clearly states that Stop signs are intended for control of Right -of -Way and not to control speed. There are numerous studies of their ineffectiveness at controlling speed. The attached Policy indicates that Multi -Way Stop intersections will not be considered as a solution to a vehicle traffic speed problem but can be considered beneficial to solve other operational problems. The City currently has an inventory of 37 Multi -Way Stop intersections. The Policy reflects on page 12 instances where Common Council would need to consider approving specific funding for individual Traffic Calming Plans. These instances include times where the Plan is outside scope of the City's Pedestrian & Traffic Management Service operating budget or where coordination with a Neighbourhood Plan is required. The Policy is independent of specific funding levels so that it can remain applicable when the community's investment in Traffic Calming Plans changes. Performance measurement targets for continued improvement and a mechanism to amend the Policy are described on page 13. Neighbourhood Participation Several opportunities for participation of neighbourhoods in implementing the proposed Policy exist. The Policy, once adopted by Council, would be available for reference on the City's website and in hardcopy at 175 Rothesay Avenue by neighbourhoods that wish to take action on their concerns. The Policy describes transparent, fair, equitable and consistent steps that all neighbourhoods with concerns can take. A neighbourhood meeting is to be held with each Plan as described on page 12 to receive and incorporate feedback. Residents of a neighbourhood who are also users of the traffic system can participate in decreasing speed or volume issues without the need to implement Traffic Calming Plans. Motorists, pedestrians or cyclists have rights and responsibilities with respect to street safety as defined in the New Brunswick Motor Vehicle Act and the City's Traffic By -Law. Motorists must respect posted speed limits and should not use short-cuts through neighbourhoods. Pedestrians must walk on sidewalks or at the road edge (facing traffic) and expect right -of -way when crossing streets only at crosswalks (including those at unmarked intersections). Cyclists must use the right side of a street or cycling facilities where provided. Parents or guardians are responsible for preventing their children from playing in the street. The need for many Traffic Calming Plans can be avoided in the first place if all users of the traffic system follow their responsibilities. Neighbourhood participation at this level is therefore the most important action that can be taken to calm vehicle traffic and improve safety. 204 M &C2012 -27 February 9, 2012 Page 4 Staff sought input on this Policy from the various organized neighbourhood and community groups. A meeting was organized by staff on the evening of November 29, 2011. Invitations were sent to a small group of neighbourhoods. Members from Champlain Drive, River Road Community Alliance, East Side Motivators, South End and Glen Falls participated in an excellent discussion with staff. Staff met with members of the Crescent Valley neighbourhood on November 30, 2011. Applicability of the Policy to streets in Crescent Valley was discussed. Increasing the radius around schools in the fifth prioritization criteria (page 7) from 500 m to 1.5 km was also discussed. Staff described the exercise of defining the boundary area and explained that a radius of 1.5 km was considered but would actually incorporate the majority of City streets, which would decrease the significance of this criterion. A meeting organized by staff was held on January 19, 2012. Invitations were sent to a larger network of community groups including ARCF de Saint John, Muscular Dystrophy Association, CNIB, Deaf & Hard of Hearing Association, United Catena Centre, Westside PACT, HOPE Centre, Cedarwood Crescent Neighbourhood, Champlain Drive Neighbourhood Watch, Crescent Valley Tenants Association, Glen Falls Neighbourhood, River Road Community Alliance, Latimore Lake Community Centre, Crescent Valley Resource Centre, ONE Change Inc., Mount Pleasant Neighbourhood, PULSE (South End), Anglin Drive Neighbourhood, Waterloo Village Neighbourhood, KBM, Martinon Community, Lorneville Community Centre, Loch Lomond Community Centre, Milford Community Centre, Denis Morris Community Centre, East Side Motivators, Dominion Park Neighbourhood, and the Teen Resource Centre. Members from Waterloo Village Neighbourhood, Teen Resource Centre, East Side Motivators, Mount Pleasant Neighbourhood, Milford Community Centre, Crescent Valley Resource Centre, and River Road Community Alliance participated in another great meeting. Several suggestions from these meetings that were subsequently incorporated into the Policy include: • clarification that only one of the three speed/volume criteria must be satisfied (page 6), • addition of community centres to the list of building/land types considered in the sixth prioritization criteria (page 7), and • inclusion of brighter crosswalk signs and pedestrian/traffic signals as potential Traffic Calming Measures (page 11). One suggestion, posting where Traffic Calming requests have been received from the public on the City's website, was agreed to be beneficial to educate motorists where there are concerns about vehicle speed or traffic volume. This suggestion could be implemented post- adoption of this Policy. Another suggestion, allowing neighbourhoods to contribute financially to a Traffic Calming Plan through the City's Local Improvement By -Law to produce results more timely, generated a lot of discussion during one of the meetings. All at this meeting agreed that this was a good idea as long as such a project did not take the place of other projects that had the highest priority. Staff will seek input from the City Solicitor's Office regarding applicability within the Local 205 M &C2012 -27 February 9, 2012 Page 5 Improvement By -Law and would make a recommendation to Council at a later date if the Traffic Calming Policy should be amended. On- street parking was suggested during one meeting as a possible Traffic Calming Measure. Staff does not recommend this option being added to the Traffic Calming Policy because street plowing efficiency and effectiveness is negatively impacted by on- street parking. Staff also received feedback via telephone conversations and e- mails. One resident from the Westfield Road area for example expressed concern about the speed of vehicles on some of the short and narrow streets in his neighbourhood. Staff had previously considered recommending the implementation of only 40 KM /H speed zones (page 10) on some City streets. However, based on this discussion and staff s understanding of the challenges on short and narrow City streets similar to those in this neighbourhood, staff is now also recommending the implementation of 30 KM/H speed zones. Required Changes to Traffic By -Law Recommended in this report and described in the Policy are amendments to the City's Traffic By -Law. These changes would provide more options to consider within individual Traffic Calming Plans. Currently the City cannot post and Police cannot enforce speed limits below 50 KM /H. In some instances, based on staff judgment using a TAC guideline just released in 2009, a speed limit of 40 KM/H is more appropriate on a neighbourhood street. A speed limit of 30 KM/H is appropriate on some shorter and narrow dead -end streets. Adding subsections 3 and 4 to section 18 and adding Schedule M -3 (30 KM /H Speed Limits) and Schedule M -4 (40 KM /H Speed Limits) to the Traffic By -Law is a first step to permit such changes. Council would be requested to consider staff recommendations for streets to have this reduced posted speed limit on a case - by -case basis through subsequent Traffic By -Law amendments. In 2007 the Province of New Brunswick amended its Motor Vehicle Act to allow issued fines for speeding in a clearly marked School Zone between the hours of 7:30 a.m. and 4:00 p.m. to be doubled. This change seeks to discourage speeding in School Zones where there are young children. Within a municipality the speed limit in a School Zone is 50 KM /H within these times even if the posted limit on the street outside of the Zone is greater. City staff has been defining and posting appropriate signs to mark School Zones using another TAC guideline. These zones need to be listed in the City's Traffic By -Law to assist issuance of these higher fines by Police. In appropriate instances a reduced speed limit for the School Zone should also be considered. Amending Section 23 and adding Schedule S (School Zones) and S -1 (School Zones having a 40 km/h rate of speed) is a first step to permit such changes. Council would be requested to consider staff recommendations for streets to be considered as School Zones and which of those would have this reduced posted speed limit on a case -by -case basis through subsequent Traffic By -Law amendments. 206 M &C2012 -27 February 9, 2012 Page 6 Proactive Steps Once Council adopts this Policy, neighbourhoods would be anticipating action to be taken soon after. Staff has begun to complete speed and volume surveys on streets where requests for traffic calming have been received. The table below shows results of some of these surveys: Street Measured Average Vehicles per Day Measured Average Seed KM/H Currently Posted Seed Limit (KM /H) Hillcrest Road 1056 58 50 Loch Lomond Road 14989 62 60 Whipple Street 66 31 50 Dorchester Street 2375 37 50 McLaren Boulevard 1099 39 50 Roxbury Drive 1022 41 50 Westmorland Road 4296 55 50 St. Catherine Street 818 52 50 McCavour Drive 283 45 50 Maria Crescent 69 48 50 INPUT FROM OTHERS This Policy overlaps with programs and services of other internal and external stakeholders including the Fire Department, Police Department, Ambulance New Brunswick, the City Solicitor's Office, the City's Department of Planning & Development, the City's Leisure Services Department and Saint John Transit. Consultations on this Policy were completed with all these stakeholders. Generally, all were supportive of the proposed Policy. The Fire Department, Ambulance New Brunswick and Saint John Transit communicated the need to consider impact on their services within individual plans. The use of speed humps in some situations can impact rider comfort and vehicle maintenance. Consideration of travel time and wider turning radii of longer trucks is also required. The Fire Department provided reference material to be considered in Plan design. Page 11 and 12 of the Policy indicates the commitment to seek input from the Emergency Services and Saint John Transit on individual Traffic Calming Plans. Solutions such as the use of Speed Cushions, a variation of a Speed Hump, which leaves level the portion of the road needed for the wider wheel base of some Emergency and Transit vehicles can be used as an alternative in individual Plans. The City Solicitor's Office provided advice on the amendments to the Traffic By -Law described in this report that are required to achieve the described objectives. Referral of the described amendments to the City Solicitor's Office such that they can be placed in proper form and translated for Council's consideration is recommended by staff. The Department of Planning & Development provided advice on linking this Policy to land use planning and alignment with the City's new Municipal Plan (P1anSJ). 207 M &C2012 -27 February 9, 2012 Page 7 The Leisure Services Department provided the link to the various neighbourhood and community groups and helped organize one of the larger group meetings. FINANCIAL IMPLICATIONS Utilizing existing resources, the Pedestrian & Traffic Management Service expects to be able to complete three Traffic Calming Plans per year. A more precise prediction of capacity and possible changes in the number of Plans that can be completed annually with different resource investment levels would be possible after the first year of implementation. The cost to implement individual Traffic Calming Plans will vary depending upon the measures being considered in each Plan. For perspective, TAC's "Canadian Guide to Neighbourhood Traffic Calming" reports that (in 1998 dollars) a raised crosswalk costs $2,000 - $10,000, a speed hump costs $1,000 to $5,000, and a traffic circle costs $5,000 to $30,000. Each sign costs $150- $200 to install with speed display signs costing much more. Maintenance and replacement costs of all these assets would be additional. RECOMMENDATIONS Staff recommends that Common Council: 1. Adopt the attached "City of Saint John Traffic Calming Policy" as policy, 2. Refer the following Traffic By -Law amendments to the City Solicitor to be placed in proper form and translate for Council's consideration: a. Add a subsection 3 to Section 18 and add Schedule M -3 (30 KM/H Speed Limits) to permit Council to consider defining 30 KM/H speed limit zones in the future, b. Add a subsection 4 to Section 18 and add Schedule M -4 (40 KM /H Speed Limits) to permit Council to consider defining 40 KM/H speed limit zones in the future, and c. Amend Section 23 and add Schedule S (School Zones) and S -1 (School Zones having a 40 km/h rate of speed) to permit Council to consider defining School Zones and 40 km/h speed limits in certain School Zones in the future, and 3. Request the City Solicitor to investigate and report back to Council whether implementation of Traffic Calming Plans is possible using the Local Improvements By- Law if so chosen by a neighbourhood. Respectfully submitted, R. Kevin Rice, B.Sc., CET J. Patrick Woods, CGA Deputy Commissioner, Municipal Operations City Manager 1: 111NT ) HN CITY OF SAINT JOHN TRAFFIC CALMING POLICY 1.0 February 13, 2012 Pedestrians, Cyclists and Motorists Sharing Street Spaces 209 CITY OF SAINT JOHN - TRAFFIC CALMING POLICY February 2012 "Pedestrians, Cyclists, and Motorists Sharing Street Spaces" CONTENTS INTRODUCTION............................................................................................................... ..............................3 POLICYGOAL ................................................................................................................... ..............................3 POLICYOBJECTIVES ......................................................................................................... ..............................3 GUIDINGPRINCIPLE ......................................................................................................... ..............................4 TRAFFIC CALMING PLAN IMPLEMENTATION PROCESS ................................................... ..............................4 FULFILL COMMUNITY'S EXPECTATION OF A BALANCED USE OF CITY STREETS .............. ..............................5 FOLLOW TRAFFIC CALMING POLICY ................................................................................ ..............................5 IMPLEMENT PROACTIVE TRANSPORTATION PLANNING ................................................ ..............................5 TRIGGER OPPORTUNITY FOR POTENTIAL TRAFFIC CALMING PLAN ............................... ..............................5 MEASURE TRAFFIC SPEED AND /OR VOLUME ................................................................. ..............................5 PRIORITIZE TRAFFIC CALMING PLAN ............................................................................... ..............................6 IDENTIFY TIMING OF PLAN DEVELOPMENT .................................................................... ..............................7 DEVELOP TRAFFIC CALMING MEASURES ........................................................................ ..............................8 SEEK INPUT FROM EMERGENCY AND TRANSIT SERVICES .............................................. .............................11 CONDUCT NEIGHBOURHOOD MEETING ........................................................................ .............................12 REFINE PLAN WITH NEIGHBOURHOOD INPUT ............................................................... .............................12 COMMON COUNCIL CONSIDERS APPROVAL OF PLAN WHERE REQUIRED .................... .............................12 IMPLEMENTPLAN .......................................................................................................... .............................13 MEASURE PERFORMANCE OF PLAN ............................................................................... .............................13 UPDATE TRAFFIC CALMING POLICY ................................................................................ .............................13 Page 2 of 13 210 CITY OF SAINT JOHN - TRAFFIC CALMING POLICY February 2012 "Pedestrians, Cyclists, and Motorists Sharing Street Spaces" INTRODUCTION Neighbourhood streets attempt to serve two roles. Firstly, these are used to move vehicle traffic to and from homes. Some streets are designated as Arterial or Collector streets and are meant to move larger volumes of vehicle traffic, sometimes at the expense of separating a neighbourhood. Other streets designated as Local carry fewer vehicles. Secondly, many streets are also integral parts of a neighbourhood, used by children and families for cycling, walking and other community activities. Although these two street functions can sometimes conflict, ultimately both must be satisfied. To this end, special steps may sometimes need to be taken to regain an appropriate balance through an overall City of Saint John Traffic Calming Policy and a specific Traffic Calming Plan for a neighbourhood. Traffic Calming, as defined by the Institute of Transportation Engineers, is "the combination of mainly physical measures that reduce the negative effects of motor vehicle use, alter driver behavior and improve conditions for non - motorized street users." POLICY GOAL The goal of this Traffic Calming Policy is to: Reduce vehicular traffic speed on City streets to within the posted speed limit and /or reduce vehicle traffic volume to within the typical street capacity to improve community and road users' safety. POLICY OBJECTIVES The goal of this Traffic Calming Policy is adopted by Common Council with the following objectives: 1. Consider a Traffic Calming Plan when there is measured evidence of excessive vehicle speed, traffic volumes higher than levels typically acceptable for a neighbourhood street, or in combination with potential conflict between pedestrians and motorists. 2. Prioritize implementation of Traffic Calming Plans via criteria identified herein by recognizing that demand for such plans could exceed available resources, 3. Coordinate implementation of Traffic Calming Plans in conjunction with the Neighbourhood Planning process established in PlanSJ or pre - planned Capital projects where possible, 4. Ensure input on a Traffic Calming Plan is received from the neighbourhood as a whole, 5. Obtain input on a Traffic Calming Plan from Saint John Transit and the three Emergency Services, 6. Use sound engineering judgment and industry best practices, such as the Transportation Association of Canada's "Canadian Guide to Neighbourhood Traffic Calming" (TAC's Guide) in developing Traffic Calming Measures (described later in document) to be included as part of an overall Plan, Page 3 of 13 211 CITY OF SAINT JOHN - TRAFFIC CALMING POLICY February 2012 "Pedestrians, Cyclists, and Motorists Sharing Street Spaces" 7. Install Multi -Way Stop intersections where there are collision problems or traffic flow improvement opportunities and where the installlation of the multi -way stop is warranted based on sound engineering criteria and judgment but not as a solution to a traffic speed problem, and 8. Evaluate the performance of implemented Traffic Calming measures to continuously improve the Policy and future Plans. GUIDING PRINCIPLE All neighbourhoods that request Traffic Calming Plans shall be treated fairly, equitably and transparently through a consistently applied Traffic Calming Policy. TRAFFIC CALMING PLAN IMPLEMENTATION PROCESS Fulfill Community's Implement Expectation of a Follow Traffic Proactive Balanced Use of Calming Policy Transportation City Streets Planning • " "b v HI Plan Prioritize � + Requested Plan ® Neighbourhood ® Neighbourhood A..,. _­ 15 11 Performance of The remainder of this Policy document describes each step in this process. Page 4 of 13 212 CITY OF SAINT JOHN - TRAFFIC CALMING POLICY February 2012 "Pedestrians, Cyclists, and Motorists Sharing Street Spaces" FULFILL COMMUNITY'S EXPECTATION OF A BALANCED USE OF CITY STREETS Through this Policy and the investigation and development of each Traffic Calming Plan, the community's expectation and understanding of a balanced use of City streets is respected. FOLLOW TRAFFIC CALMING POLICY As such, when there is a concern of higher than desirable vehicle traffic speed or volume on a street, or a concern about potential conflict between pedestrians and motorists, this Traffic Calming Policy provides a consistent and equitable avenue to investigate such a concern and mitigate it if required. IMPLEMENT PROACTIVE TRANSPORTATION PLANNING The most effective means of Traffic Calming is a proactive approach when a residential or other development is in its initial planning stages. Potential vehicle traffic speed or volume issues can be prevented before subdivisions and neighbourhoods are constructed through effective planning and design. A Municipal Plan that identifies the strong inter - relationship between land development and the transportation network is key in this regard. To that end: it is vital and considered policy that potential vehicle traffic speed or volume issues are considered and mitigated during the planning stage of a residential or other development. The transportation network is a system and, therefore, speed or volume issues in a neighbourhood can also be proactively prevented by constantly evaluating system improvements such as those identified in the Municipal Plan and Transportation Strategic Plan. It is a policy that improvements in the larger transportation system shall be constantly evaluated for implementation to prevent traffic speed or volume concerns in neighbourhoods.. TRIGGER OPPORTUNITY FOR POTENTIAL TRAFFIC CALMING PLAN At times, proactive land development or transportation planning cannot go far enough, resulting in a potential need for a Traffic Calming Plan. An opportunity for such a Plan is generally triggered in one of four ways, with each opportunity documented in the City's Work Request system: 1. Request from citizen(s) of a neighbourhood, 2. Inclusion within an overall Neighbourhood Plan resulting from the City's Municipal Plan (PlanSJ), 3. Inclusion within a planned Capital project, or 4. Request from the Saint John Police Force. MEASURE TRAFFIC SPEED AND /OR VOLUME Regardless of the means by which a potential Traffic Calming Plan is triggered, measured evidence of high speed and /or volume is required to justify the investment of resources required to develop and implement a Traffic Calming Plan. Streets are designed to carry an appropriate volume of vehicle traffic Page 5 of 13 213 CITY OF SAINT JOHN - TRAFFIC CALMING POLICY February 2012 "Pedestrians, Cyclists, and Motorists Sharing Street Spaces" and those vehicles are permitted to drive up to (but not over) the posted speed limit. Investing resources where there is no measured problem impedes finding solutions where real problems exist. A 48 -hour traffic survey, using specialized equipment to measure speed and /or volume of the vehicle traffic, shall be completed on behalf of the Traffic Engineer. The results of this survey shall be analyzed and one of the three following criteria must be satisfied: Where the neighbourhood is concerned about the speed of vehicle traffic, the average speed of vehicles must be equal to or greater than 2 KM /H below the current or appropriate' posted speed limit for the Plan to be considered further. Where the neighbourhood is concerned about the volume of vehicle traffic on a Local street, there must be more than an average of 1000 vehicles per day counted over the 48 -hour traffic survey for the Plan to be considered further. Traffic Calming Plans will not be considered on Collector or Arterial streets when the concern is vehicle traffic volume as such streets are expected to service higher volumes, including through traffic. Where the neighbourhood is concerned about conflicts between vehicles and pedestrians, there must be no sidewalks on the street and either (1) the average speed of vehicles must be equal to or greater than 5 KM /H below the current or appropriate posted speed or (2) the street must be classified as a Local Street and there must be more than an average of 500 vehicles per day counted over the 48 -hour traffic survey for the Plan to be considered further. The requesting citizen, Planning Staff (in the case of a Neighbourhood Plan), Capital project coordinator or Police Force (depending upon the means by which the potential opportunity was triggered) shall be notified of the results of the survey and whether the results indicate the Plan would continue to the next phase in this process based on the above criteria. PRIORITIZE TRAFFIC CALMING PLAN The number of Traffic Calming Plans that are warranted to reduce higher than desirable vehicle traffic speed and /or volume is often greater than the number that can be designed and implemented within one year based on existing resources. Criteria are to be used to prioritize each Plan so that the most critical Plans get implemented first. The criteria and point system on the following page are used to weigh and prioritize the list of outstanding Plans: 1 As determined by the Traffic Engineer, the suitability of the posted speed limit on a street may be reviewed when the concern is vehicle speed. TAC's "Canadian Guide for Establishing Posted Speed Limits" will be referenced in these instances to determine if a more appropriate (than currently posted) speed limit is warranted. In cases where such a review results in a recommended change to the posted speed limit, the new appropriate speed limit will be referenced in the place of the currently posted speed limit against the actual surveyed speeds. The new speed limit will be considered as part of the Traffic Calming Plan and would result in a staff - recommended amendment to the Traffic By -Law (to be considered by Common Council). A review of the speed limit is intensive in the traffic engineering resources required to complete the assessment, and therefore this analysis will occur at the discretion of the Traffic Engineer. Page 6 of 13 214 CITY OFSAINTJOHN - TRAFFIC CALMING POLICY February 2012 "Pedestrians, Cyclists, and Motorists Sharing Street Spaces" CRITERIA WEIGHTING Street is within a Neighbourhood Intensification Area, as defined within the Municipal Plan 0 or 1 Street has no sidewalks physically separating pedestrians from vehicles 0 or 1 Stopping sight distance for motorist's view of pedestrians at marked or unmarked crosswalks can be brought within acceptable levels at the posted speed limit 0 or 1 Street has no painted bike lanes or separated bike trails separating cyclists from vehicles 0 or 1 Street is within 500 m walking distance from a daycare, pre - school, elementary school or middle school 0 or 2 Street is within 500 m walking distance from a park, place of worship, hospital, or community centre 0 or 2 Average speed of vehicles measured is equal to or greater than 5 km /h over the speed limit during a 48 -hour traffic survey 0 or 1 Over 1500 vehicles per day are counted on a local street during a 48 -hour traffic survey 0 or 1 TOTAL /10 IDENTIFY TIMING OF PLAN DEVELOPMENT The timing of development of a Traffic Calming Plan will be influenced by its Priority relative to other Plans, timing of a planned Capital project or timing of an overall Neighbourhood Plan through PlanSJ. A Traffic Calming Plan on a street planned for reconstruction within a Capital project will be developed and implemented as the Capital project timeline unfolds. A Traffic Calming Plan included within an area encompassing a future Neighbourhood Plan requires coordination with the PIanSJ team: If development of a Traffic Calming Plan is anticipated to be within 10 years of planned completion of a larger Neighbourhood Plan, a Short Term Phase and a Long Term Phase of the Traffic Calming Plan shall be developed. The Short Term Phase of the Traffic Calming Plan with minor investments shall be developed and implemented in a time dictated by the Plan's Priority relative to other Traffic Calming Plans. The Long Term Phase with more significant investment shall be developed and implemented in coordination with the completion of the Neighbourhood Plan. Page 7 of 13 215 CITY OF SAINT JOHN - TRAFFIC CALMING POLICY February 2012 "Pedestrians, Cyclists, and Motorists Sharing Street Spaces" If development of a Traffic Calming Plan is anticipated to be beyond 10 years of planned completion of a larger Neighbourhood Plan, the entire Traffic Calming Plan (Short and /or Long Term Phases) shall be developed and implemented in a time dictated by the Plan's Priority relative to other Traffic Calming Plans. In all other cases, Traffic Calming Plans shall be developed and implemented in a time dictated by the Plan's Priority relative to other Traffic Calming Plans. DEVELOP TRAFFIC CALMING MEASURES When it is time to develop the Traffic Calming Plan, street - specific Traffic Calming Measures will be developed by the Traffic Engineer or Capital Engineering (in the case of a pre - planned Capital project). Measures used will be unique to the differing issues of each neighbourhood. Given the documented effectiveness, physical traffic calming measures will be incorporated into most Traffic Calming Plans, with support of other steps such as signage enhancements. Although a wide range of physical and other measures are available, including those detailed in TAC's Guide, the following will be generally given consideration first: Land Use Planning In some instances vehicles generated by a land use near a Opportunities neighbourhood street will influence characteristics of traffic on the street. Collaboration with City Planners to identify opportunities to modify land use will occur in these instances. Speed Limit Enforcement The Police Force enforces speed limits and other traffic regulations. Enforcement along busier arterial streets is typically given priority, limiting availability of resources on neighbourhood streets. Speed limit enforcement on neighbourhood streets is considered a short term solution. Speed Humps Speed humps are similar to speed bumps but are wider for speeds expected on a street and can effectively reduce vehicle speed. These cause a vehicle to rise and fall over a portion of a street giving a sense of speed to the motorist when travelling too fast. Variations of the speed hump are possible depending on street type and situations where emergency vehicle speed should not be negatively impacted. 216 Page 8 of 13 CITY OF SAINT JOHN - TRAFFIC CALMING POLICY "Pedestrians, Cyclists, and Motorists Sharing Street Spaces" Raised Crosswalk Raised crosswalks are similar to speed humps, but are located at crosswalks to both slow vehicle speed and to enhance the visibility of pedestrians to motorists. Street Narrowing Narrowing a street puts roadside features such as curbing, sidewalks, trees, etc. as well as vehicles approaching from the other direction closer to a Traffic Circle or Roundabout Painted White /Yellow Lines motorist, causing a motorist to perceive less lateral room to travel and thus to slow down. This measure can be costly. February 2012 Traffic Circles and Roundabouts are circular street intersections where vehicles travel counter- clockwise through them until reaching the street they intend to travel. They can improve traffic flow and safety at an intersection. They force vehicles to slow down as they navigate around the circle. Traffic circles, being smaller, can be retrofit into an existing intersection, can be less expensive but both are considerably more expensive than most other options. Painting white or yellow lines on a street is an economical alternative to street narrowing. White lines adjacent to the edge of the street and /or a yellow line along its centre create narrowed vehicle travel lanes. The space between the street edge and the white line can also be a bike lane where such facilities are deemed appropriate. Directional Closure A directional closure involves converting a street from 2 -way to O one -way traffic, often with physical changes to one end of the street. This measure is used to ' reduce vehicle volume. Page 9 of 13 217 CITY OF SAINT JOHN - TRAFFIC CALMING POLICY February 2012 "Pedestrians, Cyclists, and Motorists Sharing Street Spaces" Change to Posted Speed Limit Speed limits should reflect the physical characteristics of the street and potential use by other users such as cyclists or pedestrians. The posted speed limit will be reviewed in some cases using TAC's "Canadian Guide for Establishing Posted Speed Limits ". Common Council would be asked to consider staff recommended changes on a case -by -case basis. Amendment to the Traffic By -Law is required — to add subsections 3 and 4 to section 18 and to add Schedule M -3 (30 KM /H Speed Limits) and M -4 (40 KM /H Speed Limits) - as some local streets warrant a 30 KM /H or 40 KM /H posted speed limit as opposed to existing 50 KM /H or higher limits. Speed Display Signs Electronic signs that measure and display vehicle speeds provide a visual cue to motorists (to compliment their own speedometer) when travelling over the posted speed limit. These signs could be temporary or permanent, but are costly. School Zone Signs In 2007 the Province of New Brunswick amended its Motor Vehicle Act to allow issued fines • for speeding in a clearly marked School Zone between the hours of 7:30 a.m. and 4:00 p.m. to be doubled. Within a municipality the speed limit in a School Zone is also 50 KM /H within these times regardless of the posted limit on the street outside the Zone. Such penalties seek to discourage speeding in School Zones where there are young children. A clearly marked School Zone requires florescent yellow -green "School Zone" and "School Zone End" signs. These zones also need to be listed in the City's Traffic By -Law. In appropriate instances a reduced speed limit for the School Zone would also be considered. Common Council would be asked to consider staff recommended changes on a case -by -case basis. TAC has guidelines and will be referenced when establishing the location of School Zones. Amendment to the Traffic By -Law is required — to amend Section 23 and to add Schedule S (School Zones) and S -1 (School Zones having a 40 km /h rate of speed). Page 10 of 13 218 CITY OF SAINT JOHN - TRAFFIC CALMING POLICY February 2012 "Pedestrians, Cyclists, and Motorists Sharing Street Spaces" Brighter Crosswalk Signs Florescent crosswalk signs replace standard signs in school areas and at some busier crosswalks. Such signs may be placed where crosswalks are part of a Traffic Calming Plan only in very limited instances where a heightened i awareness of a crosswalk by motorists is required. Pedestrian or Traffic Signals Multi -Way Stop Intersections Signals that give clear right -of -way to pedestrians and motorists are required in instances outlined by TAC guidelines and may be considered as part of an overall Traffic Calming Plan. Installation of Stop signs at all approaches of an intersection can be effective where there is a history of collisions associated with turning vehicles and where installation of the signs are warranted based on engineering criteria and judgement. Traffic flow improvement is possible in some cases. A different TAC guide provides warrants in these situations. Multi -Way Stop intersections will not be considered as a solution to a vehicle traffic speed problem because of their documented ineffectiveness. SEEK INPUT FROM EMERGENCY AND TRANSIT SERVICES Physical traffic calming measures that reduce the speed of vehicle traffic may also reduce the speed and response time of Emergency Service vehicles. Physical measures may also impact Transit vehicles. The proposed Traffic Calming Measures shall be distributed to the Emergency Services (Fire, Police and Ambulance) as well as to Saint John Transit for input with changes to the proposed measures made based on input received from these services. Some measures, such as speed humps with open wheel paths for the wider Emergency vehicles, can be considered for example. Ultimately, the overall safety of 2 Manual of Uniform Traffic Control Devices for Canada 219 Page 11 of 13 CITY OF SAINT JOHN - TRAFFIC CALMING POLICY February 2012 "Pedestrians, Cyclists, and Motorists Sharing Street Spaces" a neighbourhood needs to be considered by balancing a need to reduce vehicle speed with ensuring Emergency Services can respond to an incident within an acceptable time frame and with operational requirements of Saint John Transit. CONDUCT NEIGHBOURHOOD MEETING A neighbourhood meeting will be chaired jointly by the Traffic Engineer (or his /her designate) and the citizen who raised the original concern (or that person's designate), and be supported by the Saint John Police Force. The primary purposes of this meeting are: 1. To educate the neighbourhood of the Traffic Calming Policy and the benefits and limitations of Traffic Calming plans and measures, 2. Clarify the concerns of the neighbourhood, and 3. Review the intended Traffic Calming Measures with the neighbourhood to ensure they address the concerns where possible and seek support for the intended measures or obtain suggestions for alternate measures. In the case of an approved Capital project, this neighbourhood meeting will be coordinated by the project coordinator as part of a larger project meeting. The Long Term Phase of Traffic Calming Plans within ten years of a proposed Neighbourhood Plan shall be incorporated into community meetings for the Neighbourhood Plan. REFINE PLAN WITH NEIGHBOURHOOD INPUT The Traffic Engineer or Capital project coordinator will consider adjustments to the Traffic Calming plan and /or measures based on the feedback at the Neighbourhood Meeting where possible. COMMON COUNCIL CONSIDERS APPROVAL OF PLAN WHERE REQUIRED Some Traffic Calming Plans, including the Short Term Phase of a Plan, can be implemented within the scope of the Operating budget. In such a case City staff will schedule completion of the Plan. Isolated physical measures such as speed humps, raised crosswalks, and painted lines, as well as posting of speed limit, speed display and School Zone signs are often within the scope of the Operating budget. In other cases, where the Plan for a neighbourhood is outside the scope of the Operating budget, staff will present to Common Council for consideration of approving the plan, including the resources required for implementation of the Plan within a future year Transportation Capital or Operating budget. The Long Term Phase of Traffic Calming Plans to be incorporated into a Neighbourhood Plan will follow the approval process of the Neighbourhood Plan. Page 12 of 13 220 CITY OF SAINT JOHN - TRAFFIC CALMING POLICY February 2012 "Pedestrians, Cyclists, and Motorists Sharing Street Spaces" IMPLEMENT PLAN The Traffic Calming measures are implemented within the neighbourhood when the Plan is approved and /or appropriate level of resources is available. MEASURE PERFORMANCE OF PLAN Measuring the performance of implemented Traffic Calming Plans is key to assuring success and to learn toward continuous improvement of future Plans, as well as for updates to this Traffic Calming Policy. Key Performance Measures to be considered shall include: 1. Comparison of the vehicle traffic speed and /or volume before and after the implementation; 2. Cost of the design and installation of an implemented Plan; and Follow -up survey of the neighbourhood through the citizen who organized the Citizen Support Survey (or designate) that measures their view of the success of an implemented Plan with opportunity for feedback on suggested improvements. UPDATE TRAFFIC CALMING POLICY This policy is a living document; to be updated periodically, as required through opportunities learned in developing a Traffic Calming Plan or other strategic plans such as implementation of the Municipal Plan or the Transportation Strategic Plan. Such updates will continuously improve this Policy and subsequent Plans. Recommended policy updates will be presented to Common Council for consideration. Page 13 of 13 221 1�. City Hall 15 Market Square February 13th, 2012 P.O. Box 1971 Saint John. New Brunswick Canada E2L 4L1 cft' His Worship Mayor Court, Deputy Mayor Chase and Councillors, city of Saint John Subject: Committee of the Whole Report — Policy Direction and Business Practices Your Worship and Deputy Mayor and Councillors, The Committee of the Whole, having met on January 23rd 2012, makes the following recommendations: That the Committee of the Whole recommends that Council adopt the City Manager's recommendation, entitled Policy Directions to be adopted by Council as part of the 2012 Budget, with the exception of the Local 18 293 recommendation, which forms part of the submitted report 2012 Operating Budget — Plan B; and further that the Committee of the Whole recommends consideration of the Standing Committee form of governance subsequent to a presentation on that topic from the City of Fredericton, and. That as recommended by the City Manager, the Committee of the Whole recommends that Council adopt the recommendations entitled Business Practices submitted with the City Manager Report, 2012 Operating Budget — Plan B. The Policy Directions and Business Practices are attached. Respectfully Submitted, Elizabeth Gormley Common Clerk 222 Policy Directions to be adopted by Council as part of 2012 Budget Council Leadership; Snow -Ban — 30 month moratorium on any changes or adjustments — each one off adjustment compromises efficiency and effectiveness of snow operations, benefits only a few residents and increases costs for all taxpayers Grievance Process— direct staff to remove CC from grievance process in ail future contract negotiations — introduces political dimension to what should be contract administration consistent with operational requirements — allows managers to manage Councillors motions - no service expansions at all without a corresponding cut in another service - no Council motions directing new initiatives or increased service without identifying that resources exist as a mandatory precondition. Funding Requests - no new major grants for anything that is not related to a core City service - (UNBSJ, St Joe's, maybe the YMCA) - limit presentations at Council from groups looking for money — no mufti- year commitments given the uncertainty that the City faces re its own funding levels - for all of the smaller social and cultural grants Council should establish a competitive community grants program with a budget envelope - the grants would be evaluated by an interdepartmental grants committee who would provide recommendations to Council on grants which align with community and service outcomes Fees /Charges — all fees, including bylaw rates, are to be automatically adjusted for Inflation each year recognizes costs increase each year and avoids substantial price shock on periodic basis — makes ft easier for users of service to adapt to rate changes General Capital — future projects must align with objectives and principles of PlanSJ — ensures infrastructure investments will contribute to higher density objectives and avoids encouraging sprawl Conditional Funding— eliminate capital projects Identified as conditional on Federal /Provincial support — City must limit Its capital expenditures in order to reduce debt repayment costs — this means available funds must be used for highest priority City needs (infrastructure, roads, buildings etc) — aligns with Fed /Prov insistence that they only have one priority — does not create false expectations with sponsor groups N 223 Business Practices; aty Hall — direct staff to renegotiate lease with smaller footprint and lower costs — police leaving — opportunity to reconfigure and reduce space -- landlord will want to retain City as prime tenant Expropriation — adopt policy that City will initiate expropriation process on all required property acquisitions and proceed to friendly negotiation to resolve — ensures timely acquisition, minimizes time to negotiate and allows public works projects to proceed on timely basis, due process protects property owner Fire Service Bylaw — develop fire bylaw with suite of charges for non - essential service such as fine Inspection to industrial, commercial, institutional properties etc Performance Measures — continue to develop meaningful metrics on efficiency and effectiveness of various services — supports sound decision making, ensures value for money, increases accountability for results Customer Service — scale back scope from planned centralized call taking to involve only business practices, process improvement in each customer facing area — avoids increased HR requirement (call centre) and capital investment (facilities, hardware etc) Transit Services — should be minimum density thresholds established as part of the formal review to reinforce principles of PlanSJ before any transit service is provided to an area - should also require base ridership levels to keep service on various routes - have to use it or will lose it — transit is a heavily subsidized public service not a personal taxi service Debt Management — a debt management policy will be developed that sets multi -year target levels for borrowing capacity and debt service costs — ensures we are managing debt and it is not managing us — policy will become a key driver in establishing capacity for future capital expenditure programs Solid Waste Diversion — tipping fee for solid waste is over $1DD per tonne — tipping fee for compost is a fraction of that cost— need to promote and /or incent diversion to recycling and composting — tax money is literally going to the dump because of poor individual practices Sick Leave — current contract provisions provide up to 18 days sick leave per year per employee — many regard as available time off — cost Is lower productnrity or higher overtime to back fill — need new attitude towards absenteeism and new approach to managing sick time — requires contract negotiations with four bargaining units 3 224