2012-06-25_Agenda Packet--Dossier de l'ordre du jourCity of Saint John
Common Council Meeting
Monday, June 25, 2012
Committee of the Whole
1. Call to Order
Si vous avez besoin des services en frangais pour une r6union de Conseil Communal,
veuillez contacter le bureau de la greffi6re communale au 658 -2862.
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:
4:30 p.m. 8th Floor Boardroom
1.0 Land Matter 10.2(4)(c)(d)
1.2 Legal Opinion 10.2(4)(f)
1.3 Legal Opinion 10.2(4)(f)
1.4a) Property Matter 10.2(4)(f,g)
1.4b) Property Matter 10.2(4)(c,g)
1.5 Personal Matter 10.2(4)(b)
Regular Meeting
1. Call to Order — Prayer
5:30 p.m. Council Chamber
2. Approval of Minutes
3. Adoption of Agenda
Items Forwarded from Agenda of June 18, 2012:
3.1 Letter from Uptown Saint John regarding Council Appointment to Board of
Directors
3.2 City Solicitor: Amendment to the Procedural By -Law Time for Delivery of
Meeting Agenda
3.3 City Solicitor: 501631 N.B. Ltd. - City Lands
3.4 City Manager: Peel Plaza Update
3.5 City Manager: 2012 Roadway Construction Projects
3.6 Saint John Police Force: 2012 Operating Budget April Financial Results
4. Disclosures of Conflict of Interest
5. Consent Agenda
5.1 Appointment of Acting Commissioner of Growth and Development
5.2 Demolition of a Fire - Damaged and Dangerous Building at 55 -57 Victoria
Street (PID #376269)
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6. Members Comments
7. Proclamation
8. Delegations/ Presentations
8.1a) Growth and Development Services
8. lb) Zoning By -law Review Briefing
8.1 c) Dangerous Buildings Briefing
8.2 Intergovernmental Affairs
8.3a) Financial Overview Orientation
8.3b) General Capital Expenditures
8.3c) Water and Sewerage Capital Expenditures
9. Public Hearings
10. Consideration of By -laws
11. Submissions by Council Members
12. Business Matters — Municipal Officers
13. Committee Reports
14. Consideration of Issues Separated from Consent Agenda
15. General Correspondence
16. Adjournment
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The City of Saint John
Seance du conseil communal
Lundi 25 juin 2012
ComW pl6nier
1. Ouverture de la seance
Si vous avez besoin des services en frangais pour une reunion de Conseil Communal,
veuillez contacter le bureau de la greffi&e communale au 658 -2862.
Chacun des points suivants, en totalit6 ou en partie, peut 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 &gard au cours de la seance publique
16 h 30 — Salle de conference, 8e etage
1.0 Question relative aux biens -fonds — alin&a 10.2(4)c)d)
1.2 Avis juridique — alin6a 10.2(4)f)
1.3 Avis juridique — alin6a 10.2(4)f)
1.4.a) Question relative aux biens -fonds — alin&as 10.2(4)f), g)
1.4.b) Question relative aux biens -fonds — alin&as 10.2(4)c), g)
1.5 Question d'ordre personnel — alin6a 10.2(4)b)
Seance ordinaire
1. Ouverture de la seance, suivie de la priere
17 h 30 — Salle du conseil
2. Approbation du proces- verbal
3. Adoption de 1ordre du jour
Points reports de la seance du 18 juin 2012
3.1 Lettre d'Uptown Saint John au sujet de la nomination des membres du conseil
au conseil d'administration
3.2 Avocat municipal: Modifications proposes a 1'Arret6 relativement a 1'heure
de distribution de dordre du jour des r6unions
3.3 Avocat municipal: 501631 N.B. Ltd. — Terrains municipaux
3.4 Directeur g6n6ral : Mise a jour concernant la place Peel
3.5 Directeur g6n6ral : Projets de construction d'une route pour 2012
3.6 Service de police de Saint John: Budget de fonctionnement de 2012 — Bilan
financier jusqu'au mois d'avril
4. Divulgations de conflits d'interets
5. Questions soumises a 1'approbation du conseil
5.1 Nomination du commissaire a la croissance et au d6veloppement
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5.2 Demolition d'un bdtiment endommag6 par un incendie et jug& dangereux au
55 -57, rue Victoria (NID 376269)
6. Commentaires prksent6s par les membres
7. Proclamation
8. WNgations et pr6sentations
8. La) Services de d&veloppement et de croissance
8. Lb) S6ance d'information sur 1'examen des arret6s de zonage
8.1.c) S6ance d'information sur les bdtiments dangereux
8.2 Affaires intergouvernementales
8.3.a) Orientation sur les aperqus financiers
8.3.b) 136penses g6n6rales en immobilisations
8.3.c) D6penses en immobilisations pour les Services d'aqueduc et d' &gouts
9. Audiences publiques
10. Etude des arrWs municipaux
11. Interventions des membres du conseil
12. Affaires municipales 6voqu6es par les fonctionnaires municipaux
13. Rapports d6pos6s par les comit6s
14. Etude des sujets 6cart6s des questions soumises a 11approbation du conseil
15. Correspondance g6n6rale
16. Lev6e de la seance
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x June 7, 2012
~' Mayor Mel Norton
Members of Common Council
Z City of Saint John
PO Box 1971
¢ Saint John NB E2L 4L1
Your Worship and Members of Common Council
H On behalf of the Board of Directors and staff of Uptown Saint John I wish to
congratulate you on your recent election to Common Council. These are
W challenging times and we encourage you to deal expeditiously with the big issues
currently impeding our city's progress.
H
Cn Many of you already know that USE is the Business Improvement Area
organization that represents the interests of the property owners and businesses in
17 a 30 block area of the uptown.
., Our Act of Incorporation states that one member of the Board of Directors may be
appointed by Common Council. Donna Reardon has been actively engaged on
our board for the past few years prior to being elected to council so her choice as
Councils representative is welcomed if that is the wish of Common Council.
Sincerely,
C
0 Matt Alexander, President
Uptown Saint John Inc.
C
td
N T 506.633 9797 F. 506.652.3525 www.uptownsj.com
0
City Solicitors Office
Bureau de Pavocat municipal
The city of Saint John
(P41
SAINT JOHN
June 14, 2012
Common Council of
The City of Saint John
Your Worship and Councillors:
Re: Amendment to the Procedural By -Law
Time for Delivery of Meeting Agenda
At its meeting held on June 4, 2012, Common Council resolved that
amendments which were attached to Mayor Norton's correspondence to
Council be referred to the City Solicitor and the Common Clerk to prepare
the appropriate amendments to Council's Procedural By -Law. The effect
of the proposed amendments would be to change the delivery date of
Council's agenda kit from the Friday immediately preceding a regular
Council meeting to the Tuesday immediately preceding such meeting.
We have prepared and arranged translation of the amendments in
question. The changes listed below have been made to reflect the clear
intention expressed in Mayor Norton's correspondence. Those changes
are as follows:
(1) We changed reference to "officials" of the corporation to "officers" of
the corporation.
(2) We added a sentence at the very end of Section 8.7 which is
exactly the same as the last sentence to Section 8.6. This was
required in order for the by -law to be consistent.
(3) At Section 8.10, we changed that portion of the provision which
read "...the 4:00 pm Monday deadline established by Section 8.10
and before 4:00 pm on the Thursday" to "...the 4:00 pm Monday
deadline established by Section 8.9 but before 4:00 pm on the
Thursday ". The Monday deadline referred to in Section 8.10 is
established at Section 8.9.
P.O. Box 1971 Saint John, NB Canada E2L 4L1 I wwwsaintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1
7
Common Council
June 14, 2012
Re: Amendment to Procedural By -Law
City Solicitor
Page 2
(4) Section 8.11 references requests received by the Clerk "pursuant
to Section 8.11" respecting items for the Supplemental Agenda.
This appears to be a typo. We have changed the latter to "Section
8.10 ", as 8.10 is the provision which stipulates that a request may
be made to the Clerk for her to include in a Supplemental Agenda a
submission filed after 4:00 pm Monday deadline.
(5) At Section 8.14, there was reference to "a matter automatically
tabled pursuant to Section 8.14 ". This also was another typo. We
changed it to Section 8.13, which provision provides for a matter to
be automatically tabled. At Section 8.14, we also reworded the
sentence "at the same meeting that it is tabled" to "at the same
meeting at which it is tabled" and moved it to the beginning of the
sentence. This, we felt, made the sentence more clear.
(6) At Section 8.15, it was stated: "Any matter included on the
Supplemental Agenda for a regular meeting ... ". We removed the
words "for a regular meeting" as we felt that they were superfluous.
Having sent the amendments to be translated, the translator responded
with the advice that there are a number of internal inconsistencies in the
current French version of the by -law which lead to uncertainty in its
interpretation. We reviewed the French version and agree. We therefore
recommend that Council direct the Common Clerk to have the entire
French version of the Procedural By -Law revised to properly reflect the
English version.
It is in order for Council to give first and second reading to the attached
amendment if it wishes.
Respectfully Submitted,
r-
L'I
John L. Nugent
City Solicitor
Enclosure
BY -LAW NUMBER M -5
A LAW TO AMEND A BY -LAW
RESPECTING THE PROCEDURE OF THE
COMMON COUNCIL
OF THE CITY OF SAINT JOHN
ARRETk N° M -5
ARRETk MODIFIANT L'ARRETE
CONCERNANT LE REGLEMENT
INTERIEUR DU CONSEIL COMMUNAL DE
THE CITY OF SAINT JOHN
Be it enacted by the Common Council of Lors d'une reunion du conseil communal,
The City of Saint John as follows: The City of Saint John a decrete ce qui suit:
A By -Law of The City of Saint John
entitled "a By -Law Respecting the Procedures of
the Common Council of The City of Saint John"
enacted on the 29`h day of November, A.D. 2010, is
hereby amended as follows:
Par les presentes, 1'arrete de The City of
Saint John intitule « Arrete concernant le
reglement interieur du conseil communal de The
City of Saint John)), edict& le 29 novembre 2010,
est modifi6 comme suit:
1 Sections 8.6 to 8.11 are repealed and the 1 Les articles 8.6 a 8.11 sont abroges et
following is substituted: remplac&s par ce qui suit :
"8.6 Delivery — to members — prior to meeting
The Clerk shall use his/her best efforts to ensure
that copies of the agenda and Council kit for
regular meetings of Council are delivered in printed
format and/or distributed electronically to each
member so that they are received in each case by
4:30 pm on the Tuesday immediately preceding the
regular meeting. In no case shall the Clerk deliver
the agenda and Council kit for regular meetings of
Council to a member later than 4:30 pm on the
Wednesday immediately preceding the regular
meeting.
8.7 Made available — to officers — staff
The Clerk shall use his/her best efforts to ensure
that electronic copies of the agenda and Council kit
for regular meetings of Council are made available
to all Corporation officers and staff who are to
receive copies thereof as determined by the Chief
Administrative Officer on the Tuesday immediately
preceding the meeting. In no case shall the Clerk
deliver the agenda and Council kit for regular
meetings of Council to a member later than 4:30
pm on the Wednesday immediately preceding the
regular meeting.
9
8.6 Distribution aux membres avant la
reunion
Le greffier ou la greffiere doit faire tout ce qui est
en son pouvoir pour s'assurer que les copies de
l'ordre du jour et les trousses de documents
relatives aux reunions du conseil sont distribuees
sous forme imprimee ou electronique de maniere
A ce que chaque membre les regoive avant 16 h 30
le mardi prec&dant la reunion ordinaire. En aucun
cas, le greffier ou la greffiere ne devrait distribuer
A un membre, Pordre du jour ou les trousses de
documents relatives aux reunions ordinaires du
conseil, apres 16 h 30 le mercredi precedant la
reunion ordinaire.
8.7 Mis a la disposition des dirigeants et des
employes
Le greffier ou la greffiere doit, le mardi precedant
la reunion, faire tout ce qui est en son pouvoir
pour s'assurer que 1'ordre du jour et la trousse de
documents, presentee aux membres dans le cadre
des reunions ordinaires, sont transmis sous forme
electronique a tous les dirigeants et
employes de la Corporation qui doivent les avoir
regus, comme l'indique le directeur
general. En aucun cas, le greffier ou la greffiere
ne devrait distribuer a un membre, Pordre du jour
ou la trousse de documents relative aux reunions
du conseil, apres 16 h 30 le mercredi precedant la
reunion ordinaire.
8.8 Made available — agenda — public
Copies of the agenda shall be made available to the
general public at the Office of the Common Clerk
and on the website of The City of Saint John by
4:30 pm on the Tuesday immediately preceding the
regular meeting.
8.9 Submissions — to Clerk — deadline
All submissions for inclusion in the agenda for
regular meetings of Council shall be submitted to
the Clerk no later than 4:00 pm on the Monday
immediately prior to the date on which the agenda
is to be distributed pursuant to Sections 8.6, 8.7 and
8.8.
8.10 Supplemental Agenda — Submissions
Any person, including a member of Council and an
employee or officer of the Corporation, may
request that the Clerk include in a Supplemental
Agenda a submission filed after the 4:00 pm
Monday deadline established by Section 8.9 but
before 4:00 pm on the Thursday immediately
preceding the regular meeting.
8.11 Supplemental Agenda and Council Kit —
Delivery
If the Clerk receives any request pursuant to
Section 8.10, the Clerk shall prepare a
Supplemental Agenda and Supplemental Council
kit, which shall be distributed electronically to all
members of Council and all Corporation officers
and staff who are to receive copies as determined
by the Chief Administrative Officer no later than
4:00 pm on the Friday immediately preceding the
regular meeting.
8.8 Disponibilite de Fordre du jour, grand
public
Des copies de Pordre du jour devraient titre mises
A la disposition du grand public au bureau du
greffier communal ou de la greffiere communale
et sur le site Web de The City of Saint John, au
plus tard a 16 h 30 le mardi precedant la reunion
ordinaire.
8.9 Propositions an greffier on a la greffiere,
date limite
Toute proposition devant etre inscrite a Fordre du
jour des reunions ordinaires du conseil doit etre
remise au greffier ou a la greffiere avant 16 h le
lundi precedant la date a laquelle Fordre du jour
doit titre distribu6 en vertu des articles 8.6, 8.7 et
8.8.
8.10 Ordre du jour supplementaire,
propositions
Toute personne, incluant un membre du conseil et
un employe ou un dirigeant de la Corporation,
peut demander que le greffier ou la greffiere
inscrive, dans un ordre du jour supplementaire,
une proposition deposee apres la date limite, fixee
A 16 h le lundi, conformement a Particle 8.9, mais
avant 16 h le jeudi prec6dant la reunion ordinaire.
8.11 Distribution, ordre du jour
supplementaire et trousse supplementaire de
documents relative aux reunions du conseil
Pour toute demande reque par le greffier ou la
greffiere en vertu de Particle 8.10, le greffier ou la
greffiere devra preparer un ordre du jour
supplementaire et une trousse supplementaire de
documents, presentee aux membres dans le cadre
des reunions ordinaires. Ceux -ci devront etre
distribu6s electroniquement a tous les membres du
conseil et a tous les dirigeants et employes de la
Corporation qui doivent recevoir des copies,
comme 1'indique le directeur general, avant 16 h
le vendredi precedant la reunion ordinaire.
8.12 Supplemental Agenda — made available — 8.12 Ordre du jour supplementaire mis a la
public disposition du public
Copies of the Supplemental Agenda shall be made Des copies de Fordre du jour supplementaire
2
10
available to the general public at the Office of the
Common Clerk and on the website of The City of
Saint John by 4:30 pm on the Friday immediately
preceding the regular meeting.
8.13 Supplemental Agenda — automatic tabling
Any matter appearing on the Supplemental Agenda
may be debated pursuant to Section 12 at the
regular meeting immediately following its filing
with the Clerk, however, at the conclusion of such
debate, or if no such debate occurs, the matter is
deemed to be immediately tabled and, except as
provided for herein, shall not be considered further
at the same meeting.
doivent etre mises a la disposition du grand public
au bureau du greffier communal ou de la greffiere
communale et sur le site Web de The City of Saint
John avant 16 h 30 le vendredi precedant la
reunion ordinaire.
8.13 Ordre du jour supplementaire, report
automatique
Toute question figurant a l'ordre du jour
supplementaire peut etre debattue en vertu de
]'article 12, au cours de la reunion ordinaire,
immediatement apres son dep6t aupres du greffier
ou de la greffiere. Toutefois, lorsque ledit debat
est termine ou si la question n'est pas debattue,
elle est consideree etre immediatement reportee
et, sauf disposition contraire dans le present
arrete, ne devrait pas &re examinee davantage au
cours de la meme reunion.
8.14 Supplemental Agenda — restriction of 8.14 Ordre du jour supplementaire,
taking up tabled matter restrictions relatives i la remise en debat des
questions reportees
Any matter automatically tabled pursuant to
Section 8.13 may not, at the same meeting at which
it is tabled, be taken up for further debate, voted on
pursuant to Section 16 or made the subject of any
motion pursuant to Section 15, unless, by vote on a
motion made and seconded by any two members
present, two thirds of the members present at the
meeting agree to take up the matter, at which time
the matter may be further debated and considered
by Council as if it had been included on the Agenda
for the regular meeting.
8.15 Consideration at next regular meeting
Any matter included on the Supplemental Agenda
that is not taken up pursuant to Section 8.14, shall
be included by the Clerk on the Agenda for the
regular meeting immediately following the meeting
at which it was tabled, and shall be taken up by
Council at such regular meeting without the
requirement for a motion to take it up pursuant to
Section 15.10, and shall be dealt with as otherwise
provided herein for any matter included on the
Agenda for such meeting.
Toute question reportee automatiquement en vertu
de I'article 8.13 ne peut, au cours de la reunion au
cours de laquelle elle a ete reportee, etre debattue
A nouveau, faire l'objet d'un vote en vertu de
I'article 16, ou faire ]'objet de toute proposition en
vertu de Particle 15, sauf si, par un vote sur cette
proposition, deposee et appuyee par deux
membres presents, les deux tiers des membres
presents a la reunion sont d'accord pour reprendre
les discussions concernant la question, en quel
temps, la question pourra etre debattue et
examinee par le conseil comme si elle avait ete
incluse a l'ordre du jour de la reunion ordinaire.
8.15 Examen i la prochaine reunion ordinaire
Toute question figurant a 1'ordre du jour
supplementaire qui ne fait pas ]'objet de
discussions en vertu de Particle 8.14, devrait etre
incluse, par le greffier ou la greffi6re, a 1'ordre du
jour de la reunion ordinaire du conseil qui suivra
la reunion au cours de laquelle elle a ete reportee.
Elle devra de plus faire ]'objet de discussions par
le conseil lors de cette prochaine reunion ordinaire
du conseil sans devoir faire ]'objet d'une
proposition pour reprendre les discussions
conformement a Particle 15.10, et devra &re
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8.16 Special meeting — preparation —
requirements
For special meetings, the agenda shall be prepared
as the Mayor, or in the case of a petition, the Clerk,
may direct.
traitee, sauf disposition contraire dans le present
arrete, et ce pour toute question figurant a Pordre
du jour d'une telle reunion.
8.16 Reunion extraordinaire, preparation,
exigences
L'ordre du jour des reunions extraordinaires est
redige sous la direction du maire, ou dans
le cas' d'une petition, selon les directives du
greffier ou de la greffiere.
8.17 Not delivered — on schedule — meeting valid 8.17 Defaut de distribution en temps opportun,
validite de la reunion
Failure by the Clerk to meet any deadline set out
herein shall not invalidate the Council meeting or
any proceedings thereat."
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
, A.D. 2012 and signed by:
Mayor/Maire
Si le greffier ou la greffiere ne respecte pas le
calendrier etabli par le present arrete, la reunion
du conseil ou les deliberations n'en seront pas
invalidees pour autant.
EN FOI DE QUOI The City of Saint John a fait
apposer son sceau communal sur le present arrete
le 2012, avec les signatures
suivantes :
Common Clerk / Greffiere communale
First Reading -
Premiere lecture -
Second Reading -
Deuxieme lecture -
Third Reading -
Troisieme lecture -
4
12
L, PWIq
City Solicitors Office
Bureau de Pavocat municipal
The City of saint John
June 14, 2012
Common Council of
The City of Saint John
Your Worship and Councillors:
Re: 501631 N.B. Ltd. - City Lands
Common Council received at its meeting of the 4th day of August, 2009, correspondence
from Mr. Walter Vincent respecting possible development of property owned by 501631
N.B. Ltd., Southern N.B. Railway (NBSR) and the City of Saint John, Mr. Vincent, in his
correspondence, described himself as the controlling shareholder of the numbered
company. The land is in the Seaside Park vicinity and indeed the City land in question is a
portion of the Park. As you can see this matter has been outstanding for some time and in
fact the topic was first raised in the 1990's and in 2007 1 provided Common Council with a
written opinion respecting the prospect of an easement over City property in order to
provide access to the property of the numbered company. Councillor Farren had inquired
of me in 2011 as to the status of the referral of this matter and I replied that it was "firmly
on the back burner ". That was not written facetiously but rather in realistic recognition of
the circumstances of this matter and other land related files requiring attention. We are
now able to advise Council with respect to Mr. Vincent's request and it will begin with a
brief background of the proposed development and the City's involvement to date.
The numbered company (the "Owner ") has title to two (2) parcels of land lying to the south
of the portion of the New Brunswick Southern Railway line which runs from Lancaster to
the Port; it is a portion of the Carleton City of Saint John Branch Railway. The most
southerly lot is bounded on the east by Seaside Park, on the north by City land
expropriated for the Western Beaches collector sewer, on the west by lands owned by the
City and on the south by the Bay of Fundy. The second parcel is bounded on the north
and east by lands owned by New Brunswick Southern Railway ( "NBSR ") and on the south
by City land expropriated for the above -noted collector sewer.
The Owner most recently submitted a proposal in May of 2008 through the Terrain Group
to develop the above -noted lands together with parcels of land owned by the City and
NBSR. The original proposal was to construct a seventy -nine (79) unit townhouse
development on an extension of the western end of Sea Street with a tie into the southern
end of Bardsley Avenue.
In June of 2008 the Planning Department, as per the long- established process, circulated
a memorandum to various City Departments and utility providers outlining the Owner's
_- proposal. While the memorandum noted that the proposed development required a
SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 41 I www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1
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2 Common Council
June 14, 2012
rezoning and subdivision approval, it further noted quite correctly that before any approvals
are sought three issues required resolution:
(1) the need for an agreement between the City and the Owner for the purchase of
City property required to access the Owner's land;
(2) a similar agreement between the Owner and NBSR for the purchase of land
owned by the latter; and
(3) the need for an agreement between the Owner and NBSR permitting the Owner to
cross a working rail line.
The City land required by the Owner was the southern portion of Seaside Park and a right
to cross the lands expropriated by the City for the collector sewer. The Owner proposed a
land exchange whereby the City would be given part of the lands the Owner would acquire
from NBSR and a portion of the Owner's lands, while the Owner would receive the
southern portion of Seaside Park and parts of four (4) parcels of City -owned lands. The
Owner proposed to accomplish its development in several phases, the first of which
proposed to extend Sea Street westwardly into Seaside Park.
Responses to the Planning Department memorandum were varied. Building Inspections
advised that because of the geography of the land, engineered soil reports would be
required to ensure that slope failure would not occur. Municipal Operations commented
that there should be no buildings over sewers and that City lands should not be sold.
Development requirements for water quantity and pressure, storm water collection and
disposal, sewers and road construction were itemized. Additionally the response from
Municipal Operations raised three (3) issues: (1) slope stability; (2) access to and from the
development, and (3) Seaside Park. The response from the Fire Department pertained to
street design, the turning of fire apparatus in a cul -de -sac, fire separations in the units and
hydrant installation. The response from Leisure Services also raised the issue of the sale
of part of Seaside Park.
In August of 2008 the Owner, through Terrain Group, advised the City's Real Estate
Department that the Owner had not been successful with its negotiations with NBSR and
proposed an alternate arrangement between the Owner and the City under which the City
would convey 1.6 hectares of Seaside Park to the Owner and the Owner, in turn, would
convey 2.4 hectares to the City. Of this 2.4 hectares, 1,2 hectares is steeply sloped along
the shore and, accordingly, is not suitable for development. The Owner's revised
development proposal would see thirty (30) townhouse units built on an extension of Sea
Street. This alternate proposal, however, still required the extension of Sea Street, the
land exchange between the Owner and the City as well as the required rezoning and
subdivision approvals.
In September of 2008, Staff determined that the land exchange proposal put forward by
the Owner was not in the City's best interests because the lands to be conveyed to the
City were largely unusable owing to the aforementioned steep slope. Moreover, the lands
the Owner was seeking to have conveyed to it by the City are perceived to be part of
14
3 Common Council
June 14, 2012
Seaside Park and, accordingly, Staff anticipated considerable opposition from residents
should part of Seaside Park be sold for development. Finally, Staff could not support the
extension of Sea Street without an alternative access. This position was communicated to
Terrain Group in September of 2008. Though it is a matter of policy and not of law, we
have consulted with the Commissioner of Development & Growth who has advised that he
continues to be of the view that disposition of the City lands in question is not advisable.
It should be noted that the Owner first approached the City in the mid -1990s with a
proposal for development. At that time, the Owner's development proposal required that it
obtain land from the City and NBSR. The Owner endeavoured to negotiate terms with the
City and NBSR and was not successful in that regard. The outstanding issues at that time
were access over the working rail line, secondary access and the heavily sloping
topography of the land.
In 2007, 1 wrote to Common Council advising that "the City, as owner of the lands
comprising the former Shoreline Railway, has the authority to grant a right of way over its
lands to 501631 N.B. Ltd. for the purpose of providing ingress, egress and regress.
However, any such right of way must be upon such terms and conditions that will ensure
the City's use of its lands is not jeopardized or interfered with by any use or user of any
rights of way ". I have nothing to add today to my advice to Common Council of 2007.
The foregoing is a synopsis of the consideration given by Civic Administration to the
Owner's development propositions. Mr. Vincent concluded his correspondence with the
following:
"If the City chooses to leave matters as to re- zoning as they are with no
change in policy, I then ask the City to purchase the property I run or
control at a fair price for further development of the property as housing or
recreation as the City sees fit."
The matter of the possible rezoning is within Mr. Vincent's control — he may apply to
rezone his lands if he chooses. However without the City lands required for his proposed
development, the usefulness of a rezoning is questionable. With respect to Mr. Vincent's
request that the City purchase his land for fair market value, there is in my opinion no legal
obligation upon the City to do so.
Respectfully Submitted,
Jo
15
REPORT TO COMMON COUNCIL
M & C 2012 -155
OPEN SESSION
June 18, 2012
Mayor Mel Norton and Members of
Common Council
Your Worship and Councillors:
SUBJECT: Peel Plaza Project Update
Background
Oily {rf 5.HdTil. Tphn
A number of years ago the City of Saint John identified the need for a new police
headquarters to meet the operational requirements of the Police Force. At about
the same time, the Province of NB identified the need for a new integrated justice
building to modernize and centralize their operations in the City of Saint John. It
was patently obvious that certain efficiencies and cost savings could be realized
should the parties jointly engage in their respective developments. The Province
of NB preferred an uptown location for their new facility. After extensive
discussion with the City of Saint John, it was determined the Peel Plaza site
would be advantageous for both parties.
Because of the projected occupant load (number of persons in the facility) of the
Law Courts, a significant public parking component was identified as being
necessary. This presented an opportunity to the Saint John Parking Commission
to partner with the Province and construct a new parking structure.
Collectively, decisions were made to proceed at a site "North of Union" with an
integrated development. The development would include a new police
headquarters, a new provincial law courts, a new municipally owned parking
garage, street and infrastructure renewal in and surrounding the site, and the
construction of a new public space (Peel Plaza).
It is anticipated that this aggressive development in the uptown would yield
ancillary benefits to the community:
Potentially trigger additional development in the uptown area.
Set the development bar for further renewal in the area.
Build on the substantial public infrastructure in the area, Arts Centre,
pedway, etc.
Create public facilities and public space, which will be a lasting source of
pride in the community.
16
M & C 2012 — 155 - 2 - June 18, 2012
During the land assembly process required for the development, the City of Saint
John also acquired peripheral properties with the expectation that these
properties would become part of the overall development, or be redeveloped by
the private sector subsequent to substantial completion of the project. These
properties have become known as the ancillary development lands.
The purpose of this report is to provide Common Council with an update of the
project; specifically the construction status, and financial status.
Cost Sharing Opportunities
One of the key decision - making factors influencing the City's decision to proceed
with this development was the Provincial participation and cost sharing. The
Province of NB, very early on, acknowledged both the operational and financial
advantages in partnering with the City for their development. The Province
indicated a willingness to cost share with the City on those elements which
mutually benefit the Province. Specifically, the Province agreed to cost share in
the construction and operation cost of the common areas of the police
facility (holding area, booking area, vehicular and pedestrian tunnels);
the capital construction costs and maintenance for 180 parking spaces in
the new parking garage; and
a $500,000 contribution toward the development of the public park.
The Province also indicated a willingness to pay a proportionate share of annual
property taxes for each of the municipally owned buildings.
Notwithstanding the Provincial government's willingness to cost share in the
project, it remained incumbent upon the City to critically examine the
development options to ensure best possible value for money. In this regard, the
City of Saint John fully investigated a possible P3 scenario. This scenario would
see a third party designing, building, operating, maintaining, and financing the
development over a 30 -year period. The City would essentially be tenants of the
facility throughout this concession period, following which; full ownership and
operational cost would be the responsibility of the City. This very in -depth
analysis unfortunately did not result in a financial benefit to the City of Saint John.
In fact, it was determined a traditional procurement process would result in a
significant savings to the City as opposed to the P3 scenario.
Given the above, the City began the traditional tendering process.
Progress to Date
Police Headquarters:
In July of 2010, the City of Saint John called tenders for the construction of a
new Police Headquarters, and subsequently awarded the contract to Pomerleau
Inc. in the amount of $20,675,000 +HST. As of May 31, 2012, construction is
approximately 73% complete, with progress payments having been made of
17
M & C 2012 — 155 -3 - June 18, 2012
$14,545,659.00 +HST. The projected substantial completion is mid -late July
2012.
As with any construction of this complexity, several adjustments and /or change
orders are necessitated as construction proceeds. To date, there have been
approximately 160 proposed changes to the project. Many of these proposed
changes were deemed necessary and instruction was provided to the contractor
to carry out the work. Several proposed changes are currently being assessed
by the project office.
For Council's information, the dollar value of approved changes to date is
$642,562.74 and further proposed changes totaling $346,731.34 are pending.
The above additional costs are within the budget envelope approved by Council
(see attached spreadsheet). The Project Manager advised Common Council,
prior to award of the contract, that it was typical to expect tender price overruns
in the order of 7 -12% for this type of project. Contingency funding was set aside
by Council. At this time, it is anticipated that the Police Headquarters will be
completed within the budgeted amount identified by Common Council.
Parking Garage:
In October of 2010, the Saint John Parking Commission called tenders for the
construction of a new parking garage and subsequently awarded the contract to
PCL Constructors Canada Inc. in the amount of $16,546,400 +HST. As of May
31, 2012, construction is approximately 57% complete with progress payments
having been made of $9,439,467.68 +HST. The projected substantial completion
is mid -late October 2012.
As with any construction of this complexity, several adjustments and /or change
orders are necessitated as construction proceeds. To date, there have been
approximately 20 proposed changes to the project. Many of these proposed
changes were deemed necessary and instruction was provided to the contractor
to carry out the work. Several proposed changes are currently being assessed
by the project office.
For Council's information, the dollar value of approved changes to date is
$212,143.17 and further proposed changes totaling $81,247.83 are pending
(net). The above additional costs are within the budget envelope approved by
the Parking Commission (see attached spreadsheet). The Project Manager
advised the Parking Commission, prior to award of the contract, that it was
typical to expect tender price overruns in the order of 7% for this type of project.
Contingency funding of 4.5% was set aside by the Parking Commission. At this
time, it is anticipated that the Parking Garage will be completed within the
budgeted amount identified by the Parking Commission.
Infrastructure:
An integral part of the Peel Plaza development is the renewal /reconstruction of
below - ground and surface infrastructure in the immediate area. Infrastructure
has been (is being) renewed on Union St. between St. Patrick and Wellington
in
M & C 2012 — 155 - 4 - June 18, 2012
Row, Wellington Row, Carleton St. from Wellington Row to the end, Hazen
St. /Chipman St. /Peel St. complete, now called Peel Plaza.
This project was awarded by Council in August of 2012 to Gulf Operators in the
amount of $5,390,000. To date we have made progress payments in the amount
of $4,032,497.89 +HST. As of May 31, 2012, construction is approximately 75%
complete. The projected substantial completion is Summer 2012.
The infrastructure renewal, particularly on Union St, was extremely complex due
to the large volumes of buried infrastructure located below the surface (see Slide
#12). The contractor performing the work encountered a number of "surprises"
as the street was excavated. These surprises resulted in a number of
adjustments being made in the contract to accommodate the required changes in
scope. There were a number of change directives /orders issued to the
contractor in this regard.
The total amount of the project approved by Council is $6,190,000. It is
anticipated that the cost of the infrastructure component will be within the
approved budgeted amounts.
Public Plaza:
The public park, or plaza, is the last component of the development to be
constructed. The total amount approved by Council for this project is
$2,500.000. Of this amount, $500,000 is being contributed by the Province of
NB.
This being the truly public component of Peel Plaza, significant public input was
requested by the City in regards to landscaping specifications. A number of
public sessions were held and significant input was considered by the City's
architect in the development of the specifications. The views expressed by the
public were often divergent, but had the affect of providing a balanced approach
to what would be the final product. Tenders for this project were issued in March
2012, with closing date of June 13, 2012. A subsequent report will be provided
to Council dealing with award.
The above four projects comprise the essence of Peel Plaza. Peripheral to these
construction projects are the issue of public art, and the disposition of the
ancillary lands. No decisions have been made by Council on either of these
issues.
With respect to public art, Common Council has set aside an amount of $200,000
(see attached spreadsheet). There has been no clear direction provided by
Council as to how this funding allocation is to be spent.
The City owned ancillary lands are comprised of
two adjacent buildings on Union St.;
two adjacent Jellybean buildings (so- called);
former Synagogue — Carleton St.; and
19
M & C 2012 — 155 - 5 - June 18, 2012
upper three floors of the new Parking Garage.
There has been some discussion by a subcommittee of the Peel Plaza Steering
Committee regarding the appropriate marketing /disposition of these properties.
Planning and Development Office have assembled and packaged preliminary call
for proposals for each of the identified parcels. No decision has been made as to
the timing as to when these will be sent out for public offering.
Simply put, each of the four constituent projects of Peel Plaza now have a final
completion date later than that initially envisioned. All of these projects, however,
are within budgets approved by Common Council at this time.
Respectfully submitted,
Wm. Edwards, P.Eng. J. Patrick Woods, CGA
Commissioner City Manager
Building and Inspection Services
WmE /pmc
20
CONSTRUCTION COST
Police Station
Provincial Contribution - Police H/O
Peel Plaza
Provincial Contribution - Plaza
Parking Garage
Provincial Contribution (Parking Garage)
Total - Construction
OTHER CAPITAL
Police Other Capital
Architect
Art
Plaza Office
Infrastructure
- Municipal Services
- Contribution from SJ Energy
- Peel Street Services
Total - Other Capital
PEEL PLAZA CAPITAL COST
2010 2011 2011
2012
2012
Total
July - Dec
Jan -June
July - Dec
Jan -June
July - Dec
Dec -12
3,323,167
9,825,084
6,360,219
2,475,434
21,983,904
- POLICE H/O
3,323,167
9,825,084
2,719,044)
(2,719,044)
19,264,860
- PLAZA
2,500,000
2,500,000
2,000,000
15 YEAR TERM
(500,000)
(500,000)
1,000,000
5,000,000
6,700,000
3,500,000
2,747,500
16,200,000
8,290,000
(6,634,260)
(6,634,260)
4,323,167
14,825,084
13,060,219
8,475,434
(9,853,304)
30,830,600
85,000
80,000
347,500
1,482,500
3,927,500
1,995,000
250,000
250,000
500,000
200,000
200,000
500,000
250,000
250,000
245,000
1,245,000
1,400,000 350,000 2,610,000
4,360,000
(760,000)
(760,000)
100,000 350,000 300,000
750,000
2,335,000 1,280,000 2,747,500 1,927,500
8,290,000
TOTAL 6,658,167 16,105,084 15,807,719 10,402,934 (9,853,304) 39,120,600
GRANT OPTION - THE PARKING COMMISSION RETAINS OWNERSHIP OF THE
PARKING GARAGE
DEBENTURE ISSUES
Jun -11
Dec -11
Jun -12
Dec -12
Jun -13 TOTAL
25 YEAR TERM
- POLICE H/O
3,323,167
9,825,084
6,116,609
19,264,860
- PLAZA
2,000,000
2,000,000
15 YEAR TERM
- INFRASTRUCTURE & OTHER
2,335,000
1,280,000
2,747,500
1,927,500
8,290,000
TOTAL
5,658,167
11,105,084
8,864,109
3,927,500
29,554,860
21
Peel Plaza
Future home of the
Regional Justice Complex
in partnership with:
Province of New Brunwick
Sant john [a� Courts
City of Saint John
Sant john Pobce Force Headquarters
Saint John Parking Commission
(afteton Street Parking Facr!1t,
Comumbon aomprUon diet: i&11010
La Peel Plaza
Ifisft-
b_ _ .rte I'MW
i
Le site futur du
Centre judiciaire regional,
un projet collaboratif de:
Province du Nouveau - Brunswick
Polars de justice de Saint John
Ville cle Saint John
Poste central du caps policier de Saint John
Commission sur le stationnement
cle Saint John
Stationnement de to rue Carleton
U aoratnxbw drama u twmmtr a Warm 2010
M
I
Overall Site Plan
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First Day of Excavation
August 2010
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December 2010
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May 2011
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June 2011
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June 2011
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June 2011
29
Police Headquarters D�
September
2011
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Police Headquarters
January 2012
`` 31
Police Headquarters
May 2012
32
Parking Garage
First Day of Excavation
February 2011
W
Parking Garage
March 2011
01
Parking Garage
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April 2011
mel
Parking Garage 5
April 2011
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Parking Garage
May 2011
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Parking Garage
May 2011
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January 2012
K0'7
Municipal Infrastructure
Wellington Row
September 2010
.,
Municipal Infrastructure
Carleton Street
December 2010
41
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January 2011
42
Municipal Infrastructure D�
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June 2011
43
Municipal Infrastructure
Union Street
June 2011
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October 2011
Public Plaza
Overall Plan
ice- - -_
RTS 1 PALAiS DE JUSTICE
SAINT ]OHN LAW COU
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Conceptual View of Plaza from
Police Facility Entry
47
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Conceptual View of Plaza Stairway D�
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REPORT TO COMMON COUNCIL
M &C2012 -147
June 12, 2012
His Worship Mayor Mel Norton
and Members of Common Council
Your Worship and Members of Council:
SUBJECT: 2012 Roadway Construction Projects
BACKGROUND
The City of Saint John
Staff of local road authorities - New Brunswick Department of Transportation ( NBDOT) and the
City of Saint John — plus the Saint John Police Force and Saint John Transit, met in March to
exchange information on planned construction projects (primarily the NBDOT Harbour Bridge
project) and to consider effects of the construction on the transportation network and traffic in
the Saint John region. The meeting was productive; with groups sharing information on major
projects that will impact traffic flows during the 2012 construction season. During the March
2012 meeting NBDOT advised that they were planning to close the two eastbound lanes of the
Harbour Bridge beginning the week of April 15, 2012 to continue rehabilitation of the provincial
asset. The two remaining lanes would serve east and west traffic over the bridge.
This highlighted the need for a coordinated approach and comprehensive communications
program to advise network users and other stakeholders on what to anticipate in 2012. The
process continued with a second meeting on May 30 and included local utilities Saint John
Energy, Enbridge Gas, Bell Aliant, Irving Refinery, and Rogers, in addition to NBDOT, Police
Force, Transit and the City's Transportation and Environment Services Division. The 2012
construction season will again have many large projects with impacts to traffic flows on major
traffic arteries.
The purpose of this report is to update Council on current and planned roadway construction and
the steps being taken to help mitigate impacts on users of the transportation network.
ANALYSIS
The second phase of the Harbour Bridge project (eastbound lanes of the structure) is anticipated
to proceed, but at the time this report was being drafted NBDOT was unable to give a firm
timeline for the start of construction - pending the outcome of ongoing contractual discussions.
The Harbour Bridge project, once underway, will have an impact on traffic in a very significant
way and will require a combined public communications effort between NBDOT and the City to
keep motorists updated on construction activities and alternate routes. Access to Harbour
Passage for pedestrians and cyclists will not be affected until work actually commences at the
Harbour Bridge site.
50
M &C2012 -147
June 12, 2012
Page 2
The One Mile House Interchange project schedule has been affected also as the project was
being constructed by the same contractor as the Harbour Bridge rehabilitation project. Traffic
flows will be affected at times when the One Mile House Interchange project recommences.
The City of Saint John also has a number of major construction projects under both the General
Fund and Utility Fund Capital Programs that will have an impact on traffic arteries. A map
identifying the location of 2012 City projects is attached. Projects that will have a significant
impact on traffic are highlighted later in this report.
Communications — Construction Information
Keeping citizens informed is a key component of a successful construction season. Operations,
Engineering, SJ Water, Saint John Police and Communications will work together with
SJ Transit, SJ Parking Commission, NBDOT, the Active Transportation Group and the various
other utilities and contractors to ensure that the public is kept informed on projects, delays and
changes to traffic patterns. The various groups will also work together to promote information
regarding alternate routes and modes of transportation. The public should consider car pooling,
public transit, and employers may wish to consider alternate hours of operation to help reduce
traffic at peak times when the Harbour Bridge rehabilitation project recommences.
A coordinated communications campaign is being initiated to keep the public informed on
construction progress throughout the season, along with impacts on the highway and road
networks and various forms of transportation.
The following will be utilized to communicate information to the public:
• Public information sessions for major projects where required (example: separate reports
on this council agenda advise of planned Public Information Sessions for the Champlain
Heights Water Pumping Station Upgrades project and Beach Crescent/Alward Street
Sanitary Sewer Installations);
• The weekly construction updates report that is sent to the media and posted to the City's
website each Friday. The weekly update for June 8, 2012 is attached for information;
• Placement of the attached City of Saint John Projects Map on the City's website;
• Utilizing "Insight" to detail project information;
• Construction/traffic information in summer safety campaign radio advertising;
• "Spot" traffic advisories and disseminating through various channels;
• Onsite information signage where needed;
• Working with Destination Saint John and the Visitor Information Centres to keep
visitors /tourists informed;
51
M &C2012 -147
June 12, 2012
Page 3
• Distributing information through the Board of Trade magazine "Currents" (circulation
5,000).
Saint John Harbour Bridge
As stated in the Analysis section, the 2012 Harbour Bridge rehabilitation project has yet to
recommence and there are ongoing contractual discussions being undertaken by NBDOT. Once
construction timelines are known, staff will coordinate communication efforts with NBDOT.
One Mile Interchange
Good progress was being made on construction of the One Mile Interchange previous to the
contract interruption. A closure of Rothesay Avenue at the intersection with Russell Street will
be required this season when work recommences to allow for overhead beam placement.
City Projects
The attached City of Saint John Projects Map for 2012 includes projects under several
categories:
• Asphalt Maintenance Resurfacing
• Street Reconstruction
• Water and Sewer Renewals
• Harbour Clean-Up Program
Generally, the asphalt maintenance resurfacing projects are carried out in stages: asphalt cold
milling, structure adjustments and paving. These projects are normally of short duration with
each location taking a few days to complete depending on length of roadway to be resurfaced.
Water & Sewer Renewals and Harbour Clean -Up collection and forcemain piping projects
require trench excavation in roadways and will result in lane reductions, but there will be full
road closures only in special cases where buried infrastructure is complex.
Street Reconstruction projects normally involve underground infrastructure renewals and
replacement of roadway granulars in preparation for new curb, sidewalk and asphalt installations.
This type of construction work normally requires full road closure.
From the Projects Map, the following projects will result in significant impacts to traffic flow.
• Somerset Street Reconstruction — Samuel Davis Drive to Wellesley Avenue (will
likely result in road closures and detours)
• Broad Street/Crown Street Forcemain & Sewer - Charlotte Street to Haymarket
Square (lane reductions)
• Hilyard Street/Chesley Drive Forcemain & Sewer (lane reductions and detours)
52
M &C2012 -147
June 12, 2012
Page 4
• Main Street West/Harding Street West Forcemain & Sewer (lane reductions and
detours)
• Rothesay Avenue Microsurfacing — Russell Street to McAllister Drive (lane
reductions)
• Thorne Avenue Forcemain — Russell Street to Egbert Street (lane reductions and
detours)
• Rothesay Avenue Forcemain — Reserve Street to Frederick Street (lane reductions)
Traffic disruption could be subject to change depending on particular design and/or construction
circumstances. Detailed traffic control plans will be developed with contractors and design
consultants for all major construction projects. In addition to those identified above, other
planned projects shown on the Projects Map should be less disruptive.
There will also be normal operational and maintenance activities carried out by Saint John Water
and Transportation & Environment Services crews. These are smaller in scope and usually only
disrupt traffic on a street or street sections for a relatively short period. Staff will also be
communicating with other local utilities — Enbridge Gas, Bell Aliant and Saint John Energy — to
exchange information about their work activities in order to coordinate respective programs and
plans.
CONCLUSION
Many construction projects and activities have begun or are planned for the 2012 construction
season. Agencies are coordinating their public communications effort and this will continue as
projects progress. Despite these, the public should expect disruption to traffic flows. Patience and
understanding on the part of all network users will be important.
RECOMMENDATION
It is recommended that Common Council receive and file this report.
Respectfully submitted,
Brian Keenan, P. Eng.
Engineering Manager
J. Patrick Woods, CGA
City Manager
Wm. Edwards, P. Eng.
Commissioner - Transportation & Environment
53
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/ WEEKLY CONSTRUCTION UPDATE
r —� Municipal Operations and Engineering
Ingenierie et operations municipales
(506) 658 -4455 Fax /Telecopieur : (506) 658 -4740
SAINT JOHN municipaloperations @saintiohn.ca http: / /www.saint4ohn.ca The City of saint John
Construction Update / Nouvelles hebdomadaires June 8, 2012 / le 8 juin 2012
Drive with Caution or Use Alternate Routes
Police Will Be Monitoring Traffic
Weather Permitting
Expect Traffic Interruptions
CITY OF SAINT JOHN PROJECTS
NEW/ NOUVEAUX TRAVAUX:
Conduisez prudemment ou utilisez un trajet de rechange.
La police surveillera la circulation.
Si le temps le permet...
S'attendre a des interruptions de la circulation.
Hilyard Street Closed to Westbound Traffic
La rue Hilyard fermee a la circulation en direction de I'ouest
Hilyard Street is closed to westbound traffic (between
La rue Hilyard sera fermee a la circulation en direction de I'ouest
Chesley Drive and Simonds Street).
(entre promenade Chesley et rue Simonds).
Motorists are advised to observe posted signage and to
Nous recommandons que les conducteurs observent la
signalisation et prennent la route rue Main nord.
use alternate route via Main Street N.
Project Completion: Monday, June 11, 2012
Achevement du projet : lundi, 11 juin 2012
Westfield Road and between Gault Road and Route 177
Chemin Westfield et entre chemin Gault et route 177 0 Co -op)
at Co-op). - Beginning next week - Motorists are advised
- a compter la semaine prochaine.
that over the next week sections of Westfield Road are
being paved and patched and between Gault Road and
On s'attend a des retards mineurs clans I'ecoulement du trafic.
Route 177 (at Co -op).
II est demande aux automobilistes de reduire leur vitesse et de
conduire prudemment clans la zone de construction.
At times traffic will be reduced to one lane.
Boars Head Road
Chemin Boars Head
Gas Pipeline Installation by Enbridge Gas
Installation de gazoduc par Enbridge Gas
Please drive carefully.
Veuillez conduire prudemment clans la zone de travaux.
Projected Completion: June 14, 2012
Achevement prevu: 14 juin 2012
CONTINUING / ENCOURS :
Haymarket Square - Sewer installation beginning Haymarket Square - ('installation d'une conduite de refoulement
Tuesday, May 15, 2012. a compter du 15 mai 2012.
Project Completion: 3 weeks Achevement du projet : trois semaines
55
Construction Update / Nouvelles hebdomadaires - 2 -
Milford Storm Sewer Separation — Phase 1 (2011 -5)
Beginning March 26, 2012 - Storm separation work to be
completed on Kingsville Road, Milford Road, Greenhead
Road, Balmoral Crescent, and St. Clair Avenue. Motorists
advised to reduce speed in construction zones and obey
all construction signs.
Construction work on Balmoral Crescent will require the
portion between River Hill Drive and Greenhead Road to
be closed to through traffic. Local traffic only will be
allowed access to this portion of Balmoral Crescent and
Saint Clair Avenue for the duration of the closure. A
marked detour will be in effect starting on or around May
14, 2012 and ending on or around June 1, 2012. Traffic
will be directed to use Greenhead Road and Russell Hill
Road for the duration of the detour. Motorists are asked
to reduce speed and obey all signage in the construction
zone and on the detour route.
Project Completion: June 15, 2012
(Jodi Stringer -Webb)
Peel Street Closed to Through Traffic
Construction
June 8, 2012 / le 8 juin 2012
Separation des 6gouts pluviaux de Milford — Phase 1
(Contrat no 2011 -5)
A compter du 26 mars 2012 — Des travaux de separation des
egouts pluviaux seront effectu6s Sur le chemin Kingsville, le
chemin Milford, le chemin Greenhead, le croissant Balmoral et
I'avenue St. Clair. On demande aux automobilistes de reduire la
vitesse clans les zones de travaux et de respecter tous Ies
panneaux de signalisation relatifs a la construction.
La section du crois. Balmoral entre le rue River Hill et le chemin
Greenhead sera ferm6e a la circulation en raison des travaux de
construction Sur le crois. Balmoral. Seule la circulation locale sera
permise clans cette section du crois. Balmoral et avenue Saint
Clair durant la fermeture. A compter du 14 mai 2012 et jusqu'au
1 juin 2012 ou aux alentours de ces dates, la circulation sera
redirigee vers le chemin Greenhead et le chemin Russell Hill
pendant la duree de la deviation. On demande aux
automobilistes de reduire la vitesse et de conduire prudemment
clans la zone de travaux et clans I'itineraire de deviation.
Achevement du projet : Le 15 juin 2012
(Jodi Stringer -Webb)
La rue Peel ferm6e a la circulation
Peel Street is closed to through traffic. The street will be I La rue Peel sera fermee a la circulation. La rue restera ferm6e
closed until later in the construction 2012 season
Motorists are advised to observe posted signage and to
use an alternate route.
Sewell Street Closed to Through Traffic
Sewell Street is closed to through traffic to allow for
construction on the Carleton Sewell Street Parking
Facility. The street will be closed until later in the
construction 2012 season.
Motorists are advised to observe posted signage and to
use an alternate route.
Harbour Clean -up Project — Lower Cove Loop — Sanitary
Lift Station #9 and Force Main
Beginning April 12, 2012 — Work includes construction of
a new lift station at Lower Cove Loop near Water Street.
A new sanitary force main will be installed on Lower Cove
Loop to Charlotte Street.
jusque plus tard clans la saison de construction 2012.
Nous recommandons que Ies conducteurs observent la
signalisation et prennent une autre route pour se rendre a leur
destination.
La rue Sewell ferm6e a la circulation
La rue Sewell sera ferm6e a la circulation en raison des travaux de
construction Sur le garage de stationnement Carleton Sewell. La
rue restera ferm6e jusque plus tard clans la raison de
construction 2012.
Nous recommandons que Ies conducteurs observent la
signalisation et prennent une autre route pour se rendre a leur
destination.
Pr_ojet de nettoyage du port — Lower Cove Loop — Station de
relevement no 9 et conduite de refoulement
A partir du 12 avril 2012 — Les travaux comprennent la
construction d'une nouvelle station de relevement a Lower Cove
Loop, pres de la rue Water. Une nouvelle conduite de
refoulement sera installee de Lower Cove Loop jusqu'A la rue
Charlotte.
Traffic interruptions will occur. Please drive with caution Des interruptions de la circulation sont prevues. VeuHlez conduire
in the construction zone prudemment clans la zone de travaux.
(John Campbell)
(John Campbell)
56
Construction Update / Nouvelles hebdomadaires - 3 -
Harbour Clean up Proiect — Tippet Drive — Sanitary Lift
Station 33. Forcemain and Sewer
Beginning March 12, 2012:
Work includes the construction of a new lift station and
installation of a sanitary force main along Dominion Park
Road. Please reduce speed in construction zone.
Project Completion: July 31, 2012
(John Campbell)
Harbour Clean up Project — Chesley Drive Lift Station 10A
Force Main & Sewer (2011 -13)
Beginning March 6,2012:
Work includes the construction of a new lift station on
Chesley Drive, force main and sewer installation on
Chesley Drive and Hilyard Street. Some traffic delays will
occur. Motorists are asked to reduce speed in
construction zones.
Project Completion: September 30, 2012
(John Campbell)
Rothesay Avenue Wastewater Pumping Station and
Simpson Drive Wastewater Pumping Station Mechanical
and Electrical Upgrades (2010 -14) — Beginning August 22,
2011 - supply and install three new pumps at Rothesay
Avenue WWPS and one new pump at Simpson Drive
WWPS.
Project Completion: July 2012
(Susan Steven - Power)
Bridge Street Sanitary Lift Station #23 (Harbour Cleanup)
(2011 -12) — Beginning August 29, 2011 - Work will begin
on Kennedy Street with the installation of a new
forcemain. Traffic delays are likely. Motorists are advised
to reduce speed and drive carefully in the construction
zone.
Project Completion: June 2012
(John Campbell)
Harbour Cleanup Project — Crown Street Sanitary Lift
Station #8 and Forcemain (2011 -9)
Beginning August 9, 2011. Motorists are advised to
reduce speed and drive carefully in the construction zone.
Traffic interruptions occurring along Broad Street.
Project Completion: June 2012
(John Campbell)
Construction
June 8, 2012 / le 8 juin 2012
Proiet de nettoyaee du port — Promenade Tippet — Station de
relevement n° 33, conduite de refoulement et egout
Debut le 12 mars 2012:
Les travaux comprennent la construction d'une nouvelle station
de relevement et ('installation d'une conduite de refoulement
sanitaire le long du chemin Dominion Park. Veillez reduire la
vitesse clans la zone de travaux.
Achevement du projet : Le 31 juillet 2012
(John Campbell)
Proiet de nettoyage du port — Promenade Chesley — Station de
relevement no 10A, conduite de refoulement et egout (2011-
2013
Debut le 6 mars 2012 :
Les travaux comprennent la construction d'une nouvelle station
de relevement sur la promenade Chesley ainsi que ('installation
d'une conduite de refoulement et d'egout sur la promenade
Chesley et la rue Hilyard. Des retards de circulation sont a
prevoir. On demande aux automobilistes de reduire la vitesse
clans les zones de travaux.
Achevement du projet : Le 30 septembre 2012
(John Campbell)
Postes de pompage des eaux usees de I'avenue Rothesay et de
la promenade Simpson — Ameliorations des systemes
mecanigue et electrigue (2010 -14) - A compter du 22 aout 2011 -
fournissez et installer trois nouvelles pompes au WWPS I'avenue
Rothesay et une nouvelle pompe a la WWPS promenade
Simpson.
Achevement prevu: le juillet 2012
Rue Bridge - Station de pompage sanitaire #23, egouts forcee et
sanitaire (Marche no 2011 -12) — A compter du 29 aout 2011 -
Les travaux debuteront sur la rue Kennedy avec ('installation d'une
nouvelle conduite de refoulement. Des retards de circulation sont
a prevoir. On recommande aux automobilistes de faire preuve de
prudence.
Achevement prevu: le juin 2012
rue Crown - Station de relevement sanitaire numero 8 et
conduite de refoulement (2011 -9)
A compter du 9 aout 2011. On demande aux automobilistes de
reduire la vitesse et de conduire prudemment clans la zone de
travaux.
Des interruptions de la circulation sont prdvues a la rue Broad.
Achevement prevu: le juin 2012
(John Campbell)
57
Construction Update / Nouvelles hebdomadaires - 4 - Construction
June 8, 2012 / le 8 juin 2012
Harbour Clean Up Project — Thorne Avenue Sanitary Lift
Proiet de nettoyage du port - avenue Thorne - Station de
Station #4 (2010 -1) - Beginning June 6, 2011
relevement sanitaire #4 - le Conduite de Refoulement de Harbour
Station (2010 -1) - A compter du 6 juin 2011
Construction De La Porte D'entree De La Route 1
Projected Completion: June 30, 2012
the Fox Farm Road Overpass. This is in the area of Exit 133,
Achevement prevu: le 30 juin 2012
(John Campbell)
de la circulation a la hauteur du passage superieur sur Fox Farm
removed from the overpass and replaced, with work
(John Campbell)
Harbour Clean Up Proiect — Milford Road Sanitary Lift
Proiet de nettoyage du port - chemin Milford — Station de
relevement sanitaire numero 32 et conduit de refoulement
Station #32 and Force Main Installation (2011 -33)
Beginning February 1, 2012
2011 -33
prevue pour le 15 juin de cette annee.
A compter du 1 fevrier 2012
Project Completion: July 30, 2012
Achevement prevu: le 30 juilliet 2012
(John Campbell)
(John Campbell)
OTHER PROJECTS
Traffic Delays - Fox Farm Road Overpass Construction Of
Ralentissement De La Circulation Sur La Route 1 A La Hauteur
The Route 1 Gateway
Du Passage Superieur Sur Fox Farm Road
Construction De La Porte D'entree De La Route 1
Starting the week of April 16, there will be traffic delays at
the Fox Farm Road Overpass. This is in the area of Exit 133,
A compter de la semaine du 16 avril, it y aura un ralentissement
which is the exit to and from Rothesay. Barrier walls will be
de la circulation a la hauteur du passage superieur sur Fox Farm
removed from the overpass and replaced, with work
Road. Cela aura lieu clans les environs de la sortie 133, a la sortie
scheduled to conclude on June 15 of this year.
de et vers Rothesay. Les murs de protection sur le passage
superieur seront enleves et remplaces. La fin des travaux est
Traffic control will be in place and construction will occur
prevue pour le 15 juin de cette annee.
six days per week (Monday— Saturday).
II y aura une regularisation de la circulation et la construction
Please plan your travel accordingly. We apologize for any
aura lieu six jours par semaine (du lundi au samedi).
inconvenience and will work efficiently to minimize
Veuillez prevoir vos deplacements en consequence. Nous nous
disruption. When the Route 1 Gateway is completed by
July 31, 2013, travel will be safer and more reliable for
excusons du desagrement et nous prendrons toutes les mesures
residents, commuters and visitors.
possibles pour limiter les consequences des travaux pour les
usagers de la route. Le 13 juillet 2013, quand le projet de la
FOR FURTHER INFORMATION:
porte d'entree de la route 1 sera termine, les deplacements
t: 1- 888 - RoutelNB (1- 888 - 768 -8316) e: info @R1G.ca
seront plus securitaires et plus faciles que jamais pour tous les
www.R1G.NB.ca
usagers de la route.
POUR OBTENIR DES RENSEIGNEMENTS SUPPLEMENTAIRES :
Tel.: 1- 888 - RoutelNB (1- 888 - 768 -8316) Courriel : info @R1G.ca;
www.R1G.NB.ca
Maintenance and Operation of Route 1 Gateway between
Exploitation et entretien de la Route 1 passerelle entre St.
St. Stephen and River Glade (excluding the Saint John
Stephen et River Glade (a 1'exception du pont de Saint John
Harbour Bridge) - Beginning June 1, 2011 — Transfield
Harbour ) — A partir du le` juin 2011— Transfield Dexter Gateway
Dexter Gateway Services Limited started operating and
Services Limited a commence a 1'exploitation et le maintien de 240
maintaining 240 km of the Route 1 Gateway between St.
km de la Route 1 passerelle entre St. Stephen et River Glade. Appel
Stephen and River Glade. Toll free number to call with any
le numero sans frais avec des questions ou des soucis concernant
questions or concerns about the road conditions, 24 hours
1'etat des routes, 24 heures par jour, 7 jours par semaine
per day, 7 days per week:
1- 888 - 860 -8399
1- 888 - 860 -8399
Sussex — viaduc de Smith Creek, construction du parapet de
Construction Update / Nouvelles hebdomadaires - 5 - Construction
June 8, 2012 / le 8 juin 2012
Sussex — Smith Creek Overpass, concrete barrier wall
construction, anticipated to be complete by December.
Lindys Area — 4km east of Route 114, detour construction
and replacement of Eastbound Bridge over Kennebecasis
River, anticipated to be completed by January.
beton, achevement prevu d'ici decembre.
Region de Lindys — 4 km a 1'est de la Route 114, chemin de
detour durant la construction du pont enjambant la riviere
Kennebecasis en direction est, achevement prevu d'ici janvier.
Conduisez prudemment et reduisez votre vitesse clans les zones
Drive safely, and reduce speeds in construction zones. We de construction. Nous vous remercions de votre patience et
thank you for your patience and apologize for any nous excusons du desagrement. Quand le projet de la porte
inconvenience. When the Route 1 Gateway is completed d'entree de la Route 1 sera termine d'ici le 31 juillet 2013, les
by July 31, 2012, travel will be safer and more reliable for deplacements seront plus securitaires et plus faciles que jamais
residents, commuters and visitors. pour tous les usagers de la route.
59
SAINT JOHN BOARD PUBLIC SESSION
OF POLICE
COMMISSIONERS
PO Bog 1971 June 5, 2012
Saint John, New Brunswick
Canada E2L 4L1
Bureau des Commissaires du
Service de Police de Saint John M &C 2012 -137
C-P. 1971
Saint John Nouveau - Brunswick
Canada E2L 4L1
His Worship Mayor Mel Norton and
Chair / Pressident dent
CHRISTOPHERIN UTZ Members of Common Council
MARY•EILEEN O'BRIEN
Vice ChairlVice Pn3sident
JONATHAN FRANKLIN Your Worship and Councillors:
SecretarylSecr&aire
MAYOR MEL NORTON
CommissionerlCommissaire Re: Saint John Police Force 2012 Operating Budget
KAREN KEILLER April Financial Results
Commissioner /Commissaire
TIMOTHY CHRISTIE
Commissioner /Commissaire The Saint John Board of Police Commissioners, at its meeting on
WILLIAM G. REID Tuesday, June 5, 2012 accepted and approved the Saint John Police
Chief of Police/Chef de Police Force 2012 Operating Budget - April Financial Results.
JACKIE FERRAR
Executive Administrator! On behalf of the Saint John Board of Police Commissioners, I am
Secrdtaire Administrative pleased to provide a copy of this report to Common Council in
accordance with Section 7(3) of the New Brunswick Police Act,
TelephonelT616phone: Respectfully submitted,
(506) 674 -4142 (J
Fax/T616copieur:
(506) 648 -3304 C
E- mail/coumfel: Christopher Waldschutz
policec_ommis_sion(fteintiahn.c Chairman
Saint John Board of Police Commissioners
CW(af
SAINT JOHN encl.
Explore our past!
Explorez notre pass6
Discover your future!
D6couvrez votre avenir
•1
REPORT TO SAINT JOHN BOARD
OF POLICE COMMISSIONERS
PUBLIC SESSION
June 5, 2012
Chris Waldschutz, Chairman and
Members of the Board of Police Commission
Chairman Waldschutz and Members
SUBJECT
2012 Operating Budget - April Financial Results
BACKGROUND
The purpose of this report is to provide the Board with an update on the financial
position of the Saint John Police Force's Operating Budget for the period ended
April 30, 2012.
FINANCIAL POSITION/RESULTS
For the period ended as at April 30, 2012, the Saint John Police Force was under
budget year -to -date by $333,758 or 4.45 %.
There were six key expense categories that contributed to this budget variance.
1. Salaries and Wages were under budget by $268,050.
2. Overtime costs exceeded budget by $106,255.
3. Wage costs for On -Call and Court Time were over budget by $24,381
4. Fringe Benefits were under by $33,243.
5. Good and Services were over budget by $163,101.
61
Chris Waidschutz, Chairman and
Members of the Board of Police Commission
June 5, 2012
Page 2
Subject. 2012 Operating Budget — April Financial Results
Budget Analysis
REVENUE
Revenue exceeded budget projections by $25,793 which for the most part is funds
recovered for overtime paid to officers to work Extra -Duty assignments.
Budget
Revenue Source Variance
Prisoner Lodging
Accident Reports
Taxi Licences
Security Clearances
Secondments and Peacekeeping Missions
Extra -Duty Billings
SALARIES AND WAGES
(1,000)
$2,336
$20,611
($1,585)
($19,428)
$24,859
$25,793
Salaries were under budget by $268,050 and this is associated with the number of
police and civilian vacancies that have not been filled to achieve a balanced
budget for 2012.
OVERTIME
Saint John Police Association
The overtime costs were over budget by $103,818. The Patrol Division accounted
for $70,380 and the Criminal Investigation Division was over budget by $29,838.
This variance in overtime for both divisions is mitigated by $24,793 in revenue that
was recovered from billings to third parties for extra -duty assignments.
OTHER PERSONNEL COSTS
On -Call Pay
On -Call Pay is over budget by $12,204 and the weekly on -call allowance has been
discontinued for some areas to minimize the impact on the 2012 budget.
W.,
Chris Waldschutz, Chairman and
Members of the Board of Police Commission
June 5, 2012
Page 3
Subject: 2012 Operating Budget — April Financial Results
Court Time - Local 61
The cost for court time exceeded budget by $13,052.
GOODS & SERVICES
The various Goods and Services accounts were under budget by $163,101.
However, there are a number of key expense categories that are showing under
budget due to billings not being received or processed at the end of this reporting
period.
RECOMMENDATION
Y It is recommended that the Board accept and approve this Financial
Report for the period ended as at April 30, 2012 and forward a copy to
Common Council as required under Section 7 (3) of the New Brunswick
Police Act.
Attached reports and documents:
Budget Variance Analysis — April 30, 2012
Consolidated Statement of Operations — 2012 vs. 2011
Respectfully submitted,
/ft404L
/r
Marven E. Corseadden, CGA D. Todd
DIRECTOR HR & FINANCE OFFICER CHIEF ADMINISTRATIVE OFFICER
JlAel'e�
CHIEF OF POLICE
63
Saint John Police Force
Consolidated Statement of Operations
For the Period Ended April 30, 2012
M:1A!
2012
2011
Budget
Actual
Variance
Budget
Actual
Variance
Salaries & Wages
Overtime
4,725,225
4,457,175
268,050
4,845,187
4,438,435
406,752
Other Personnel Costs
85,264
191,519
(106,255)
86,264
122,720
(36,456)
Fringe Benefits
52,860
1,177,021
77,241
1,143,778
(24,381)
33,243
64,392
88,946
(24,554)
Total Wages & Fringe Benefits
6,040,370
5,869,713
170,657
1,202,844
6,198,687
1,175,116
5,825,217
27,728
373,470
General Services
Insurance
222,480
113,174
109,306
218,976
186,402
32,574
Professional Services
31,828
114,780
78,673
(46,845)
99,347
75,276
24,071
Other Purchased Services
51,484
94,131
20,649
135,328
127,647
7,681
Repairs & Maintenance
65,880
53,967
39,882
(2,483)
25,998
41,484
50,932
(9,448)
Rentals
373,164
326,282
46,882
30,328
319,664
88,744
292,626
(58,416)
27,038
Purchased Goods
Government Services
174,180
148,777
25,403
171,880
177,133
(5,253)
Internal Corporate Charges
9,000
253,116
6,191
249,147
2,809
3,969
6,000
6,191
(191)
Asset Purchases
Total Goods & Services
164,228
186,814
(22,586)
248,116
46,216
214,206
265,879
33,910
(219,663)
1,460,140
1,297,038
163,101
1,317,339
1,485,036
(167,697)
Surplusl(Deficit)
$ 7,500,510
$ 7,166,751
$ 333,758 $
7,516,026
$ 7,310,253
$ 205,773
4.45%
2.74%
M:1A!
SAINT JOHN POLICE FORCE
BUDGET VARIANCE ANALYSIS
For the Period Ended April 2012
Budget
Expenses
Variance
Current Variance is:
Timing Actual
$ 7,500,510
$7,166,751
$333,758
$333,758
Expense Category Variance Explanation of Variance
Revenue $25,793
Prisoner Lodging ($1,000)
Accident Reports $2,336
Taxi Licences $20,611
Security Clearances ($1,585)
Secondments and
Peacekeeping Missions ($19,428)
Extra -Duty Billings $24,859
$25,793
Salaries & Wages $268,050
- Salaries -Local 486 under budget by
$6k.
- Police Officer salaries are under
budget by $266k. There are current
vacancies that have not been filled to
achieve the budget target for 2012.
Overtime ($106,255)
- Overtime -SJPA- Patrol: Over budget by
($70k) and this amount is reduced by
$25k in revenue charged for Extra —Duty
assignments.
e Overtime - SJPA - Criminal
Investigations: Over budget by ($30k)
and this amount is reduced by $25k in
revenue charged for Extra —Duty
assignments.
Other Personnel Costs ($24,381)
. On -Call: On -Call Pay is over budget by
($12k).
- Court Time: Over budget by ($13k).
65
Saint John Police Force — April 2012 Budget Variance Analysis
Expense Category Variance
Fringe Benefits $33,243
General Services $109,306
Insurance ($46,845)
Professional Services $20,649
..
Explanation of Variance
• Benefits are calculated at 24.5 %. This
expense calculation is based on actual
wages and other earnings for the year.
• Telephone: Under budget by $291k and
the processing of the monthly billing is
lagging by 1 -2 months.
• Radios: Under budget by $171k and
the processing of the monthly billing is
lagging by 1 -2 months.
• Employer Training: Under by $461k
and this relates to the timing of courses
and the allocation of the budget over a
12 -month period.
• Employee Initiated Training : Under by
$71k and this relates to the timing of when
officers complete courses and the
allocation of the budget over a 12 -month
period.
• Vehicle Insurance: The premium cost
for insurance coverage in 2012 (fleet and
facilities) was $79k and the $80k budget
was allocated over the 12 -month fiscal
year. This account will be in -line by
year -end.
• Deductible Account: Under budget by
$61k and this relates to the timing of any
charges back to Police via the City's
insurance department for 3'd party
claims.
• Legal Expense — Over budget by ($18k)
and this expense is projected to exceed
the $25,000 budget by $40 -$50k in 2012.
This significant expense results from a
number of labour management issues
and labour board hearings that has
already occurred in 2012.
• Detention Security - This expense is
under budget by $241k and this relates
to lag time for processing of the monthly
invoices.
21 Page
Saint John Police Force — April 2012 Budget Variance Analysis
Expense Cate o
Variance Explanation of Variance
Professional Services
Other Expense - This expense category
is under budget by $15k and this relates
to the timing of the actual expenditure
and the allocation of the budget.
Other Purchased Services
($2,483) • No significant variance at the end of
April 2012.
Repair & Maintenance
$25,998 • Computer Maintenance - This expense
is under budget by $261k and this relates
to the timing of the annual billing for
computer licence /maintenance contracts
and the allocation of the budget.
Rentals
$46,882 City Hall Rental — This budget account
is under by $36k which includes the
rental costs for both City Hall and Peel
Plaza and the timing of the charges will
vary each month based on when the
actual move is completed to ONE Peel
Plaza.
There are still a number of unknown
factors regarding the overall budget but
the goal is for it to be on target by year-
end.
Purchased Goods
$25,403 • Safety Supplies ($151k) - Timing
difference between the budget allocation
and the actual purchase of replacement
body armour for officers.
• Other Goods $23k - Timing
difference between the budget allocation
and the purchase of goods.
• ETS Equipments and Supplies $81k —
Timing difference between the budget
allocation and the purchase of goods.
• Firearms and Ammunition ($101k) —
Timing difference between the budget
allocation and the purchase of goods.
31 Page
67
Saint John Police Force — .April 2012 Budget Variance Analysis
Expense Category Variance Explanation of Variance
Purchased Goods
• Imprest Fund ($8k) — Timing difference
between the budget allocation and the
replenishment of the fund.
• Special Operations $16k — Timing
difference between the budget
allocation and when special Investigative
Operations are launched and completed
in 2012.
Government Services
$2,809
. No significant variance at the end of
April 2012.
Internal Services
$3,969
. Fleet Maintenance - $42k — The
maintenance costs at the end of
April was under budget. There is a
pending expense of $10k that will be
processed in May.
• Fleet Fuel - ($28k) — The fuel costs at
the end of April was over budget
and this is due mainly to record high fuel
prices that carried over from 2011.
• Building Maintenance - ($14k) — The
expense to maintain and repair all the
Police operated facilities was over
Budget.
Asset Purchases
($22,586)
Vehicles ($34k) —The budget for the
acquisition of new units was over budget
at the end of April. This relates to a
timing difference between the budget
allocation and when the vehicles are
actually purchased. This line item will be
under budget for 2012.
• Other Assets $12k - Timing
difference between the budget allocation
and the acquisition of items considered
to be Other Capital Assets.
41 Page
.:
REPORT TO COMMON COUNCIL
M &C2012 -164
June 21, 2012
His Worship Mayor Mel Norton
and Members of Common Council
Your Worship and Members of Council:
SUBJECT: Appointment of Acting Commissioner of Growth and Development
BACKGROUND
i
The City of Saint John
From time to time, the Commissioner of Growth and Development Services is unable to exercise
his duties as a result of vacation, business outside the city, and other situations that arise. It is
therefore important that someone be empowered to act in his place when necessary.
FINANCIAL IMPLICATIONS
There are no financial impacts as a result of this appointment.
RECOMMENDATION
RESOLVED that in the event of the absence of the Commissioner of Growth and Development,
appointment to the position of Acting Commissioner of Growth and Development is hereby
made of Amy Poffenroth with the Commissioner of Growth and Development to administer the
arrangement.
Respectfully submitted,
Ken Forrest, MCIP, RPP
Commissioner
Growth and Development Services
J. Patrick Woods, CGA
City Manager
.•
REPORT TO COMMON COUNCIL
OPEN SESSION
M &C2012 -151
June 19, 2012
His Worship Mel Norton
and Members of Common Council
Your Worship and Councillors:
SUBJECT
;;-IA
City of Saint John
Demolition of a fire - damaged and dangerous building at 55 -57 Victoria Street (PID
#376269)
BACKGROUND
The dwelling at 55 Victoria Street is a three- storey building that was extensively fire
damaged on May 18, 2012. The building's roof has almost entirely collapsed and there is
debris, bricks and glass scattered around the building, in the grass and on the sidewalk of
Victoria Street.
The fire caused the collapse of most of the building's roof and destroyed much of the
building's interior finishes. There is fallen debris on the floors of the building and the
window panes are broken in many locations. Fire - damaged materials are hanging from
the building, broken and loose glass is hanging in window frames and there is a
significant amount of debris and junk on the property. The rear attached shed is tearing
away from the building and is full of debris. After becoming vacant in August 2011, the
building has not been kept secure. On May 18, 2012, the building was intentionally set
on fire which caused the damage described in this report and the attached Inspection
Report and additionally, caused significant damage to the formerly- occupied, adjacent
building at 53 Victoria Street. The debris that is in the yard, hanging from the windows
and on the ground is a danger to anyone passing close by the building, or on the sidewalk
and the lack of security and care for the building only leaves it as a further danger in the
neighbourhood.
The building is a hazard to the safety of the public, by reason of its dilapidation and
unsoundness of structural strength and by reason of it being vacant and unoccupied. A
Notice to Comply was issued on May 29, 2012. On that same day, the building was
posted with the Notice which is deemed as acceptable service as per Section 190.011 of
70
M &C2012 -151 -2- June 19, 2012
the Municipalities Act. Additionally, a process server was sent with documents to serve
to the owners of the building at their last known address (the owners are a husband and
wife). This task proved difficult as they had relocated. After some research, their
whereabouts were found and the process server was able to serve the wife, however, the
husband has not been served despite several attempts.
Compliance was required by June 18, 2012. No appeal hearing was applied for and the
owners have not made an attempt to contact the office, nor secure the building. An
inspection was conducted on June 19, 2012 and the inspector found that compliance with
the Notice had not been met.
Attached for Council's reference are the Notice to Comply that was issued, the affidavit
attesting to service of the Notice on the owner and an affidavit attesting to the building's
posting. Also included 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 evidence to the
building's condition 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. Cost of the demolition work is approximated at $25,000 to
$30,000 and will take approximately 4 weeks before it is complete. Staff will seek
competitive bidding in accordance with the City's purchasing policy and the cost of the
work will be billed to the registered property owners. If the bill is left unpaid, it will be
submitted to the Province with a request for reimbursement.
71
M &C2012 -151 -3- June 19, 2012
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 and Structures By -law, arrange for the
demolition of the building at 55 -57 Victoria Street (PID #376269), in accordance with the
applicable City purchasing policies.
Respectfully submitted,
aw
, & -1�1 �
Pamela Bentley, P.Eng.
Technical Services Engineer
Buildings and Inspection Services
L1. �-J
Amy Poffenroth, iP.ng., MBA
Deputy Commissioner
Buildings and Inspection Services
C�1�
P ck 4 � toods, CGA
City Manager
72
CANADA
PROVINCE OF NEW BRUNSWICK
COUNTY OF SAINT JOHN
CITY OF SAINT JOHN
AFFIDAVIT OF SERVICE
I, l/ rU j'� A-S of the City of Saint John in the
County of Saint John and Province of New Brunswick MAKE OATH AND SAY
AS FOLLOWS:
1. On the day o U ey'^ , 2012, I served
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 0her
5 -� , New Brunswick.
2. I was able to identify the person served by means of the fact that he / hi)
acknowledged to me he sh was
Sworn To before me at the
City of Saint John, N.B.,
on the 12-- day of
:jj j _ , 2012
PAMELA M H BENTLEY
COMMISSIONER OF OATHS
MY COMMISSION EXPIRES
DECEMBER 31 n, 2013
73
FORM 1
NOTICE TO COMPLY
(Municipalities Act, R.S.N.B. 1973,
c.M -22, x.190.01(3))
Parcel Identifier: 376269
it im la mxniott F t -
-Refe d to in th Affi .t of
l
Sworn befor me at the City of
Saint John, New B swiok
the, day�pf 20A
CO M ft BFN
TL
D EMBER 01V S AN.
31sr 2,,13ftS
Z
Commissioner of OathsF &_ E
AVIS DE CONFO ITT
(Loi sur les municipalites, N: B. de 19733,
ch. M -22, par. 190.01(3))
Numbro d'identification de la parcelle : 376269
Address: 55 and 57 Victoria Street, Saint John, New Adresse : 55 et 57, rue Victoria, Saint John, Nouveau -
Brunswick Brunswick
Owner(s) or Occupier(s):
Name: Bassarab, Benjamin
Address: 31 Charles Crescent, Rothesay, New
Brunswick, E2E 5G6
Name: Bassarab, Katharine May
Address: 31 Charles Crescent, Rothesay, New
Brunswick, E2E 5G6
Municipality issuing notice: The City of Saint John
By -law contravened: Saint John Unsightly Premises
and Dangerous Buildings and Structures By -Law, By-
law Number M -30 and amendments thereto (the By-
law' ).
Provision(s) contravened: Paragraphs 190.01(1.1) and
190.01(2) of the Municipalities Act, and amendments
thereto.
Description of condition(s): 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 May 28, 2012
prepared by Pamela Bentley, P. Eng., By -law
Enforcement Officer and reviewed by Amy Poffenroth,
P.Eng., By-law Enforcement Officer.
Remedy or remedies required: The owners are 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 owners do 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.
74
Propri6taire(s) ou occupant(s) :
Nom: Bassarab, Benjamin
Adresse : 31, croissant Charles, Saint John,
Nouveau - Brunswick, E2E 5G6
Nom : Bassarab, Katharine May
Adresse : 31, croissant Charles, Saint John,
Nouveau - Brunswick, E2E 5G6
Municipalit6 signifiant I'avis : The City of Saint
John
Arret6 enfreint : Arrete relatif aux lieux inesthetiques
et aux bdtiments et constructions dangereux de Saint
John, Arr8t6 num&ro M -30, ainsi que ses
modifications ci- aff6rentes (1' « Arret6 »).
Disposition(s) enfreinte(s) . Les paragraphes
190.01(1.1) et 190.01(2) de la Loi sur les
municipalites, ainsi que les modifications aff6rentes.
Description de la (des) condition(s) : Le batiment est
devenu dangereux pour la s6curit6 du public du fait de
son inhabitation ou de son inoccupation et, est devenu
dangereux pour la s6curit6 du public du fait de son
d6labrement et de son manque de solidit6. Les
conditions du batiment et des lieux soot d6crites a
P annexe « A)>, une copie conforme du rapport
d'inspection en date du 28 mai 2012 et prepare par
Pamela Bentley, ing., une agente charg6e de
1'exdcution des arret6s municipaux et revise par Amy
Poffenroth, ing., une agente charg6e de 1'ex6cution
des arret6s municipaux.
Mesure(s) i prendre : Les propri6taires doivent
restaurer les conditions en se conformant aux
recommandations du rapport d'inspection
susmentionn6 et d'amener le batiment et les lieux en
conform,it6s avec I'Arret6.
Dans 1'6ventualit6 que les propri6taires ne rem6diaient
pas le batiment et les lieux dans le temps prescrit par
le present avis de conformit6, le batiment pourront
titre d6molis comme mesure corrective compte tenu
qu'il repr6sente un danger pour la s6curit6 du public et
les lieux pourront titre nettoy6s.
Dans 1'6ventualit6 de d6molition, tous les d6bris et
autres items sur les lieux seront disposes comme
mesure corrective dans le but de rem6dier le danger
pour la s6curit6 du public.
Les mesures correctives susmentionn6es relativement
The aforementioned remedial actions relating to the
demolition of the building and the disposal of debris and
items on the premises do not include the carry-out clean-
up, site rehabilitation, restoration of land, premises or
personal property or other remedial action in order to
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:
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 15
days of being served with the Notice to Comply.
b) The repair related remedies must be complete
within 180 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 owners 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'h Floor, 15 Market Square, Saint John, New
Brunswick, E2L 4L1.
Potential penalty for non - compliance within
specified time:z 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 II of the Provincial
Offences Procedure Act as a category F offence.
Where an offence under paragraph 190.03(1) continues
for more than one day, the minimum fine that may be
imposed is the minimum fine set by the Provincial
Offences Procedure Act for a category F offence
multiplied by the number of days during which the
offence continues pursuant to subparagraph
190.03(1.2)(b)(i).
Municipality's authority to undertake repairs or
remedy:3 Subparagraphs 190.04(1)(a), 190.04(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,
75
a la d&molition du batiment et la disposition des debris
et autres items sur les lieux ne comprennent pas le
nettoyage, la remise en &tat des lieux, des terrains ou
des biens personnels ou toute autre mesure corrective
dans le but de contr6ler ou de rdduire, d'&liminer le
d&versement, de modifier le mode de d&versement ou
le d&versement d'un polluant dans ou sur
Penvironnement ou toute partie de Penvironnement.
Date i laquelle la on les mesures doivent titre
prises :
a) La d&molition du batiment et le nettoyage des
lieux doivent titre completeds, ou a laquelle
les plans et demande de permis pour les
mesures des reparations, doivent etre
soumises, dans les 15 jours qui suivent la
signification de Pavis de conformit6.
b) Les reparations reli&es aux mesures doivent
titre complet &es daps les 180 jours qui suivent
la signification de Pavis de conformitd.
Date a laquelle un appel de Pavis pent titre d6pos6:
Dans les 14 jours qui suivent la notification de Favis
de conformit6.
Processus d'appel : Les propri&taires peuvent dans
les 14 jours qui suivent la notification de 1'avis de
conformit6, envoye un avis d'appel par courrier
recommandd a la greffi&re communale de la
municipalitd, a The City of Saint John, Edifice de
Ph6tel de ville, 8` dtage, 15 Market Square, Saint
John, Nouveau - Brunswick, E21, 4Ll .
Wnalit6 possible pour non- conformit6 daps le d6lai
prescrit2 : Le paragraphe 190.03(1) de la Loi sur les
municipalites prevoit quiconque omet de se conformer
aux exigences formulees daps un avis de conformit6
notif.6 aux termes de Particle 190.011 de ladite loi,
commet une infraction qui est punissable en vertu de
la Partie lI de la Loi sur la procedure applicable aux
infractions provinciales a titre d'infraction de la classe
F.
Lorsqu'une infraction prevue au paragraphe 190.03(1)
se poursuit pendant plus dune joumde, 11amende
minimale qui peat titre impos &e est Pamende
minimale pr&vue par la Loi sur la procedure
applicable aux infractions provinciales pour une
infraction de la classe F multipliee par le nombre de
jours pendant lesquels Pinfraction se poursuit
conformement a 1'ahnea 190.03(1.2)(b)(i).
Pouvoir de la municipalit6 d'entreprendre les
r6parations ou de prendre les mesures3 :
Conformdment aux alias &as 190.04(1)(a),
190.04(1)(a.1) et 190.04(1)(6) de la Loi sur les
municipalites, si un avis de conformit6 a &td signifid
aux termes de Particle 190.011 de ladite loi et, que le
propri6taire ou Foccupant ne se conforme pas a cet
avis de conformit6 daps le d&lai imparti et tel qu'il est
r&pute confirmd ou tel qu'il est confirm& ou modifi&
par un comit6 du conseil ou par un juge en vertu de
Particle 190.021 de ladite loi, la municipalite peut
faire nettoyer ou r6parer les heux de ce propri6taire ou
de cet occupant ou de faire r&parer ou d&molir la
including any related charge or fee, is chargeable to the
owner or occupier and becomes a debt due to the
municipality.
Dated at Saint John the 7 -5day of May, 2012.
Municipality: The City of Saint John
Signature of Municipal Officer:
Municipal Officer's Contact information:
Name: Pamela Bentley
Mailing address:
Buildings and Inspection Services Department
The City of Saint John
15 Market Square
City Hall Building, 10th Floor
P. O. Box 1971
Saint John, New Brunswick
E2L 4L1
Telephone: (506) 658 -2911
Telecopier: (506) 632 -6199
Email: pamela.
Seal of municil
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.
76
propri6te de cc propri6taire ou de cet occupant, et les
frais relatifs a 1'ex6cution de ces travaux, y compris
toute redevance ou tout droit afferent, sont a la charge
du propri6taire ou de Poccupant et deviennent une
cr&nce de la municipalit6.
Fait h Saint John le _ mai, 2012.
Municipalit6 : The City of Saint John
Signature de la repr6sentante municipale:
Coordonn6es de la repr6sentante municipale :
Nom: Pamela Bentley
Adresse postale:
D6partement aux services d'inspection et des
batiments
The City of Saint John
15 Market Square
Edifice de Ph6tel de ville, 10' 6tage
Case postale 1971
Saint John (Nouveau- Brunswick)
E2L 4L1
T616phone : (506) 658 -2911
T616copieur : (506) 632 -6199
Courriel: pamela.bentley @saintjohn.ca
Sceau de la municipalit6
Notes :
1. Tous les permis prescrits doivent dtre obtenus et toute la
ldgislation pertinente doit titre respectee, pendant 1'ex6cution de la
mesure de recours.
2. Le paiement de Pamende n'annule pas 1'obligation de respecter
1'arr6t6, la norme ou Pavis de conformitd.
3. Les coilts deviennent une dette envers la municipalit6 et peuvent
titre ajoutds a I'avis d'dvaluation et d'imp6t foncier municipal et
provincial.
INSPECTION REPORT
Schedule "A"
55-57 Victoria Street
Saint John, New Brunswick
PID# 376269
Inspection Date: May 22, 2012
Inspector: Pamela Bentley, P. Eng.
Introduction
I b4inby ccntif -j 'ilelt dw
C ;ti,' _wo eP i3 tr re iJfipy of
Gy'asinot.
a ted zt Saint john
-
20 l2-
The three- storey vacant building at 55 -57 Victoria Street suffered extensive fire damage
on May 18, 2012. An inspection of the property on May 22, 2012 revealed that the
dilapidated building's roof has almost entirely collapsed, the rear shed roof has partially
collapsed and the building is no longer structurally sound. Fire - damaged debris and
discarded household items are on the front and side lawns at the property and the
building's condition poses a hazard to the safety of the public by reason of dilapidation
and structural unsoundness.
Discussion
The subject building suffered a fire on May 18, 2012 which caused extensive damage to
the structure. In many locations the floors, walls, roof and supporting structural members
are now charred and damaged as a result of the fire. Observations for the inspection
report have been made from the exterior of the building only. Entering the building is not
considered safe.
The building is not in compliance with the Saint John Unsightly Premises and Dangerous
Buildings By -law, By -law Number M -30, and amendments thereto (the `By -law ") for the
following reasons:
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 being dilapidated and
structurally unsound.
1. The building's roof has almost entirely collapsed, with a small section
remaining intact at the front right side of the building. The building is
estimated to have been built in 1906 and to be of balloon -frame construction.
In this type of construction, exterior wall studs run the full height of a building
and intermediate floors and roof provide a component of lateral strength and
wind resistance. The upper portion of the exterior walls are now unsupported
against lateral loads (like wind). The fire has left the building structurally
compromised and in its current condition, the building is not structurally
sound.
2. The building has fire- damaged debris and shingles hanging and loose at
several locations of the building. This is most noticeable at the front and right
side of the building where there is also a significant amount of debris on the
ground. The building is within. 2.5 metres of the Victoria Stmt sidewalk and
the hanging materials could come loose and fall on someone causing physical
harm. The building is also in close proximity to its neighbouring building at
61 Victoria Street. Material and debris from the subject building could
become loose and fall, causing damage to the neighbouring building, or harm
to its occupants.
77
3. Several of the building's window panes are broken and glass is hanging in the
frames and broken glass is lying on the ground nearby. The glass poses a
hazard to the safety of the public because it could cause injury, whether it is
from glass falling from the broken windows or from stepping on the glass on
the ground.
4. There is a considerable amount of fire- damaged debris and discarded
household items covering the front and side lawns of the property. The fire -
damaged debris contains sharp nails and protruding objects which could cause
harm to anyone who may be in the yard or passing by on the sidewalk of
Victoria Street. These items pose both tripping and safety hazards and are a
danger to the public.
5. The missing roof and window openings will allow the rain and other elements
to penetrate the building and further deterioration of the structure will take
place. With time, this deterioration will further weaken structural members.
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.
6. The building has been left open to the public on several occasions since at
least August 11, 2011 when it was first noted as being vacant. At present, it is
accessible through a number of window openings and through the rear side
door. The building has not been kept adequately secure to prevent unwanted
entry and since 2011, written letters have been sent to the registered owners to
inform them of the building's unsecured openings. Periodic inspections
conducted by the Buildings and Inspection Services Department found little
change in the building's condition. Following the fire of May 18, 2012, the
interior conditions are unknown. It is likely that the floors, in particular at the
second and third level, are covered in debris and fire- damaged materials. The
fire may have also weakened structural members and anyone accessing the
building could be in danger from these hazards.
7. There is a higher risk of another fire event occurring at the building due to the
public's knowledge that the building is vacant and because it is easily
accessible. Additionally, the debris in the yard could be used to fuel another
fire. The subject building is in close proximity to its neighbouring buildings
and the fire of May 18, 2012 caused severe damage to the building at 53
Victoria Street. Another fire at the subject building could significantly impact
the safety of the occupants at 61 Victoria Street - a multi- family residence - or
other neighbourhood residents in nearby homes, as well as harm to the safety
of fire fighters. The fire of May 18, 2012 has been established as an
intentionally -set fire.
In its current state, the building is not structurally sound and is not suitable for human
habitation. Without immediate, significant and likely costly repair, the structure is not
salvageable. A Court Order issued on May 3, 2011 by Judge W. Andrew LeMesurier
required the owner to bring the property into the standards established in the Saint John
Minimum Property Standards By -law, By -law Number M -14 and amendments thereto
(the "Saint John 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 and amendments
thereto (the "Code'). The owners did not conduct the repairs and have left the building
vacant as an alternative.
2
Required Remedial Actions
The owner must comply with one of the two options stated below:
Option 1: Remedy the conditions of the building through all repair and remedial actions
as follows:
1. The building must be completely repaired so it may become occupied. A building
permit must be applied for an all work must be conducted in accordance with the
Saint John Building By -law, By -law Number C.P. 101 and amendments thereto.
2. As part of the building permit application, detailed plans 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 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) as well as other applicable codes.
3. The building must be made and kept secure and monitored on a routine basis
while the property remains vacant.
4. The premise must be cleared of all debris and the rear shed must be cleared of its
contents. The debris must be disposed of at an approved solid waste disposal site,
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. 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 dilapidation and unsoundness of structural strength and by reason of
being vacant or unoccupied.
2. A demolition permit must be obtained from the City of Saint John in order to
comply with the Saint John Building By -law.
3. The premise must be cleared of all debris, discarded items and debris from the
demolition. 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. The property must be in compliance with all applicable by -laws, acts and
regulations.
3
79
Prepared by:
2-01z.-
Pamela Bentley, P, Eng. Date
Technical Services Engineer
Standards Officer
Buildings and Inspection Services Department
Reviewed by:
Amy PoffenroVY Eng., MBA Date ig
Deputy Commissioner
Buildings and inspection Services Department
M
NOTICE OF APPEAL
FORM 1
(MunicipaUdes 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):
ILI 00t t-
Address:
Telephone:
Name:
Address:
Telephone:
AVIS D'APPEL
FORMULE 1
(Loi sur les municipa&'tc;s, L.R.N.-B. de 1973,
ch. M -22, par. 190.021(1))
N° du dossier: x "AMELA M H BENTLEY
COMMISSIONER OF OATHS
MY COMMISSION EXPIRES
DECEMBER 31sT, 2D13
ENTRE:
This is Exhibit ti
�B 'o in tie Afn avit f
Saint John Nemw t Fe—C-6 of
��da of runawictc
mmiaaioner of Oaths
Appelant(s),
-et-
THE CITY OF SAINT JOHN,
Intimee.
Numero d'identification de la parcelle : # NID
Adresse de la parcelle :
Proprietaire(s) ou occupant(s) :
Nom:
Adresse :
Telephone:
Nom:
Adresse:
Telephone:
-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.
L'appelant(s) susnomm6(s) n'accepte(nt) pas les
modalit6s ou les conditions qui y sont 6nonc6s dans
P avis qui a 6t6 notifi6 aux termes de 1' article 190.011 de
la Loi sur les municipalites et fait appel au Comite
d'appel des proprietes inferieures aux normes de Saint
John.
The appellant's grounds for this appeal are as follows Les motifs d'appel de 1'appelant(s) dans le pr6sent appel
(set out the grounds clearly but briefly): sont les suivants (enoncer les motifs de faVon claire et
concise) :
Dated at
the day of Fait a
2012.
Signature of owner or occupier
The appellant(s) intends to proceed in the English ❑
or French ❑ language (Please check the appropriate
box).
le
2012.
Signature du propri6taire ou l'occupant
L'appelant(s) a (ont) l'intention d'utiliser la langue
frangaise ❑ ou anglaise (Yeuillez cocker la case
appropriee).
Please forward your Notice of Appeal by registered Yeuillez faire parvenir votre Avis d'appel par courrier
mail to the clerk of The City of Saint John within recommande au secretaire de The City of Saint John
fourteen (14) days after having been given the notice dans les quatorze (14) fours qui suivent la notification
at the following address: de 1'avis a l'adresse suivante :
Common Clerk's Office
15 Market Square, City Hall Building, 8th Floor
P. O. Box 1971
Saint John, New Brunswick
E2L 4L1
Telephone: 506-658-2862
Tclecopier: 506- 674 -4214
Notes:
Bureau du greffier communal
15 Market Square, Edifice de 1'h6tel de ville, 8` 6tage
Case postale 1971
Saint John (Nouveau- Brunswick)
E2L 4L1
T616phone: 506- 658 -2862
T61e'copieur: 506- 674 -4214
Notes :
1. A notice that is not appealed within fourteen (14) 1. Un avis dont it n'est pas interjet6 appel daps les
days after having been given the notice shall be quatorze (14) jours qui suivent la notification de 1'avis
deemed to be confirmed. est r6pute'e confirme'.
-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
maybe 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 (I4) days after the
copy of the decision was provided to the owner(s) or
occupier(s) on the grounds that (a) the procedure
required to be followed by the Municipalities Act was
not followed, or (b) the decision is patently
unreasonable.
2. Lors d'un appel, le Comite d'appel des proprietes
inferieures aux normes de Saint John doit tenir, sur le
point en litige, une audience au cours de laquelle le(s)
proprietaire(s) ou l'occupant(s) qui intedette(nt) appel a
(ont) le droit d'etre entendu(s) et peut(vent) se faire
representer par un avocat.
3. Lors d'un appel, le Comite d'appel des proprietes
inferieures aux normes de Saint John peut confirmer,
modifier ou annuler 1'avis ou proroger le delai pour s'y
conformer.
4. Le Comite d'appel des proprietes inferieures aux
normes de Saint John doit fournir une copie de sa
decision au(x) proprietaire(s) ou a l'occupant(s) des
lieux, du batiment ou de la construction qui lui a(ont)
intetete appel dans les quatorze (I4) jours suivant la
date A laquelle it a rendu sa decision.
5. Le(s) proprietaire(s) ou l'occupant(s) a qui une copie
d'une decision a ete fournie par le Comite d'appel des
proprietes inferieures aux normes de Saint John
peut(vent), daps les quatorze (I4) jours qui suivet,
intedeter appel de la decision devant un juge de la Cour
du Banc de la Reine du Nouveau - Brunswick au motif
que (a) la demarche a suivre en vertu de la Loi sur les
municipalites n'a pas ete suivie, ou (b) la decision est
manifestement deraisonnable.
CANADA
PROVINCE OF NEW BRUNSWICK
COUNTY OF SAINT JOHN
CITY OF SAINT JOHN
IN THE MATTER OF THE BUILDING THAT IS LOCATED AT
.55 51 rf �L- try -�P• ST , SAINT JOHN, N.B. (PID# 91 &,2 (,q )
SOLEMN DECLARATION OF SERVICE
D0
Wf the Town of Quispamsis, in the County of- ► ings and
Province of New Brunswick solemnly declare:
1. On the �day of /�#L 2012, at approximately ` ,22
posted a copy of the attached Notice to Comply, marked Exhibit "A" and a copy
of the attached Notice of Appeal, marked Exhibit `B" to the front door of the
g b7 Saint John, New Brunswick.
building that is located at V iC�O�.�. �,
Solemnly declared before me at the
City of Saint John, N.B.,
on th 30 day of
M /Z,(A_ .2012
PAMELA M H BENTLEY
COMMISSIONER OF OATHS
MY COMMISSION EXPIRES
DECEMBER 31ST, 2013
.,
Referred to in the A#44 of
- �k-t-
�vfemr�it n bef a me at the City of
1�ec .2 rd Saint John, New B unswick
th day Of
PAMELA M H BENTLEY
COMMISSIONER OF OATHS
MY COMMISSION EXPIRES
DECEMBER 31ST 201,,
FORM 1 Commissioner of Oa th s FORMULE 1
NOTICE TO COMPLY AVIS DE CONFORMIA
(Municipalities Act, R.S.N.B. 1973, (Loi sur les municipaliMs, L.R.N: B. de 1973,
c.M -22, x.190.01(3)) ch. M -22, par. 190.01(3))
Parcel Identifier: 376269
Numbro d'identification de la parcelle : 376269
Address: 55 and 57 Victoria Street, Saint John, New Adresse : 55 et 57, rue Victoria, Saint John, Nouveau -
Brunswick Brunswick
Owner(s) or Occupier(s):
Name: Bassarab, Benjamin
Address: 31 Charles Crescent, Rothesay, New
Brunswick, E2E 5G6
Name: Bassarab, Katharine May
Address: 31 Charles Crescent, Rothesay, New
Brunswick, E2E 5G6
Municipality issuing notice: The City of Saint John
By -law contravened: Saint John Unsightly Premises
and Dangerous Buildings and Structures By -Law, By-
law Number M -30 and amendments thereto (the `By-
law").
Proprietaire(s) ou occupant(s) :
Nom: Bassarab, Benjamin
Adresse : 31, croissant Charles, Saint John,
Nouveau - Brunswick, E2E 5G6
Nom : Bassarab, Katharine May
Adresse : 31, croissant Charles, Saint John,
Nouveau - Brunswick, E2E 5G6
Municipalitd signifiant Favis : The City of Saint
John
Arrete enfreint : Arretd relataf aux lieux inesthitiques
et aux Mtiments et constructions dangereux de Saint
John, Arrete numdro M -30, ainsi que ses
modifications ci- affdrentes (P «Arrete ))).
Provision(s) contravened: Paragraphs 190.01(1.1) and Disposition(s) enfreinte(s) . Les paragraphes
190.01(2) of the Municipalities Act, and amendments 190.01(1.1) et 190.01(2) de la Loi sur les
thereto• municipalites, ainsi que les modifications afferentes.
Description of condition(s): 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 May 28, 2012
prepared by Pamela Bentley, P. Eng., By -law
Enforcement Officer and reviewed by Amy Poffenroth,
P.Eng., By -law Enforcement Officer.
Remedy or remedies required: The owners are 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 owners do 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) condition(s) : Le batiment est
devenu dangereux pour la securite du public du fait de
son inhabitation ou de son inoccupation et, est devenu
dangereux pour la securite du public du fait de son
ddlabrement et de son manque de soliditd. Les
conditions du batiment et des lieux sont decrites a
Pannexe a A », une copie conforme du rapport
d'inspection en date du 28 mai 2012 et prdpard par
Pamela Bentley, ing., une agente chargee de
1' execution des arr@tds municipaux et revise par Amy
Poffenroth, ing., une agente chargde de 1'execution
des arretes municipaux.
Mesure(s) i prendre : Les propriEtaires doivent
restaurer les conditions en se conformant aux
recommandations du rapport d'inspection
susmentionne et d'amener le batiment et les lieux en
conformites avec 1'Arretd.
Dans 1'eventualM que les proprietaires ne remediaient
pas le batiment et les lieux daps le temps prescrit par
le prdsent avis de conformite, le batiment pourront
dtre d6 molis comme mesure corrective compte tenu
qu'il represente un danger pour la securite du public et
les lieux pourront dtre nettoyes.
Dans 1'eventualite de demolition, tous les ddbris et
autres items sur les lieux seront disposes comme
mesure corrective dans le but de remedier le danger
pour la securit6 du public.
Les mesures correctives susmentionnees relativement
The aforementioned remedial actions relating to the
demolition of the building and the disposal of debris and
items on the premises do not include the carry -out clean-
up, site rehabilitation, restoration of land, premises or
personal property or other remedial action in order to
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 15
days of being served with the Notice to Comply.
b) The repair related remedies must be complete
within 180 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 owners 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 —
8th Floor, 15 Market Square, Saint John, New
Brunswick, E2L 4L1.
Potential penalty for nom - compliance within
specified time:z 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,
0
A la demolition du bdtiment et la disposition des d6bris
et autres items sur les lieux ne comprennent pas le
nettoyage, la remise en &tat des lieux, des terrains ou
des biens personnels ou toute autre mesure corrective
dans le but de controler ou de reduire, d'eliminer le
deversement, de modifier le mode de d&versement ou
le deversement d'un polluant dans ou sur
Fenvironnement ou toute partie de Penvironnement.
Date 6 laquelle la ou les mesures doivent titre
prises :
a) La demolition du batiment et le nettoyage des
lieux doivent etre completes, ou h laquelle
les plans et demande de permis pour les
mesures des reparations, doivent titre
soumises, dans les 15 jours qui suivent la
signification de Pavis de conformit&.
b) Les reparations reliees aux mesures doivent
etre completees daps les 180 jours qui suivent
la signification de Pavis de conformite.
Date a laquelle un appel de Pavis peut titre depose:
Dans les 14 jours qui suivent la notification de Pavis
de conformite.
Processus d'appel : Les proprietaires peuvent dans
les 14 jours qui suivent la notification de Favis de
conformitd, envoy& un avis d'appel par courrier
recommande A la greffi6re communale de la
municipalit, A The City of Saint John, Edifice de
Ph6tel de ville, 8` &tage, 15 Market Square, Saint
John, Nouveau - Brunswick, E21, 4L1.
P&alit6 possible pour non- conformit6 daps le delai
prescritz : Le paragraphe 190.03(1) de la Loi sur les
municipalites pr&voit quiconque omet de se conformer
aux exigences formulees dans un avis de conformite
notif.6 aux termes de Particle 190.011 de ladite loi,
commet une infraction qui est punissable en vertu de
la Partie 11 de la Loi sur la procedure applicable aux
infractions provinciales a titre d'infraction de la classe
F.
Lorsqu'une infraction prevue au paragraphe 190.03(1)
se poursuit pendant plus d'une journee, Pamende
minimale qui peut etre imposee est Famende
minimale prevue par la Loi sur la procedure
applicable aux infractions provinciales pour une
infraction de la classe F multipliee par le nombre de
jours pendant lesquels dinfraction se poursuit
conformement d Palinea 190.03(1.2)(b)(i).
Pouvoir de la municipalit6 d'entreprendre les
reparations ou de prendre les mesures3 :
Conformement aux alineas 190.04(1)(a),
190.04(1)(a,l) et 190.04(1)(b) de la Loi sur les
municipalites, si un avis de conformite a et6 signifib
aux termes de Particle 190.011 de ladite loi et, que le
proprietaire ou l'occupant ne se conforme pas d cet
avis de conformit6 daps le delai impard et tel qu'il est
rbputd confirm& ou tel qu'il est confirm& ou modi.6
par un comite du conseil ou par un juge en vertu de
Particle 190.021 de ladite loi, la municipalit& peut
faire nettoyer ou roarer les lieux de ce proprietaire ou
de cet occupant ou de faire roarer ou demolir la
including any related charge or fee, is chargeable to the
owner or occupier and becomes a debt due to the
municipality.
Dated at Saint John the 2 day of May, 2012.
Municipality: The City of Saint John
Signature of Municipal Officer:
U
Municipal Officer's Contact information:
Name: Pamela Bentley
Mailing address:
Buildings and Inspection Services Department
The City of Saint John
15 Market Square
City Hall Building, 10th Floor
P. O. Box 1971
Saint John, New Brunswick
E21, 4L1
Telephone: (506) 658 -2911
Telecopier: (506) 632 -6199
Email: pamela.
Seal of municil
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.
propri6t6 de cc propri6taire ou de cet occupant, et les
frais relatifs a 1'ex6cution de ces travaux, y compris
toute redevance ou tout droit affi6rent, sont a la charge
du propri6taire ou de l'occupant et deviennent une
cr6ance de la municipalit6.
]Fait a Saint John le _ mai, 2012.
Municipalit6 : The City of Saint John
Signature de la repr6sentante municipale:
Coordonn6es de la representante municipale :
Nom: Pamela Bentley
Adresse postale:
D6partement aux services d'inspection et des
batiments
The City of Saint John
15 Market Square
tdifice de Ph6tel de ville, 10` 6tage
Case postale 1971
Saint John (Nouveau- Brunswick)
E2L 4L1
T616phone : (506) 658 -2911
T616copieur : (506) 632 -6199
Courriel: pamela.bentley @saint ohn.ca
Sceau de la municipalit6
Notes :
I. Tous les permis prescrits doivent etre obtenus et toute la
legislation pertinente doit etre respectee, pendant 1'execution de la
mesure de recours.
2. Le paiement de I'amende n'annule pas l'obligation de respecter
1'arrete, la norme ou Pavis de conformit6.
3. Les cofits deviennent une dette envers la municipalit6 et peuvent
titre ajoutes a 1'avis d'&aivation et d'imp6t foncier municipal et
provincial.
INSPECTION REPORT
Schedule "A"
55-57 Victoria Street
Saint John, New Brunswick
PID# 376269
Inspection Date: May 22, 2012
Inspector: Pamela Bentley, P. Eng.
Introduction
I ?; re,iy cer if; *.ha*. #Ius
eQi,- -w]r.-.nt i3 u tvie copy of tt
o.-iginul.
Dued at aaint John
day of -
The three- storey vacant building at 55 -57 Victoria Street suffered extensive fire damage
on May 18, 2012. An inspection of the property on May 22, 2012 revealed that the
dilapidated building's roof has almost entirely collapsed, the rear shed roof has partially
collapsed and the building is no longer structurally sound. Fire- damaged debris and
discarded household items are on the front and side lawns at the property and the
building's condition poses a hazard to the safety of the public by reason of dilapidation
and structural unsoundness.
iscassio-n
The subject building suffered a fire on May 18, 2012 which caused extensive damage to
the structure. In many locations the floors, walls, roof and supporting structural members
are now charred and damaged as a result of the fire. Observations for the inspection
report have been made from the exterior of the building only. Entering the building is not
considered safe.
The building is not in compliance with the Saint John Unsightly Premises and Dangerous
Buildings By -law, By -law Number M -30, and amendments thereto (the `By -law') for the
following reasons:
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 being dilapidated and
structurally unsound.
1. The building's roof has almost entirely collapsed, with a small section
remaining intact at the front right side of the building. The building is
estimated to have been built in 1906 and to be of balloon -frame construction.
In this type of construction, exterior wall studs run the full height of a building
and intermediate floors and roof provide a component of lateral strength and
wind resistance. The upper portion of the exterior walls are now unsupported
against lateral loads (like wind). The fire has left the building structurally
compromised and in its current condition, the building is not structurally
sound.
2. The building has fire- damaged debris and shingles hanging and loose at
several locations of the building. This is most noticeable at the front and right
side of the building where there is also a significant amount of debris on the
ground. The building is within 2.5 metres of the Victoria Street sidewalk and
the hanging materials could come loose and fall on someone causing physical
harm. The building is also in close proximity to its neighbouring building at
61 Victoria Street. Material and debris from the subject building could
become loose and fall, causing damage to the neighbouring building, or harm
to its occupants.
3. Several of the building's window panes are broken and glass is hanging in the
frames and broken glass is lying on the ground nearby. The glass poses a
hazard to the safety of the public because it could cause injury, whether it is
from glass falling from the broken windows or from stepping on the glass on
the ground.
4. There is a considerable amount of fire- damaged debris and discarded
household items covering the front and side lawns of the property. The fire -
damaged debris contains sharp nails and protruding objects which could cause
harm to anyone who may be in the yard or passing by on the sidewalk of
Victoria Street. These items pose both tripping and safety hazards and are a
danger to the public.
5. The missing roof and window openings will allow the rain and other elements
to penetrate the building and further deterioration of the structure will take
place. With time, this deterioration will further weaken structural. members.
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.
6. The building has been left open to the public on several occasions since at
least August 11, 2011 when it was first noted as being vacant. At present, it is
accessible through a number of window openings and through the rear side
door. The building has not been kept adequately secure to prevent unwanted
entry and since 2011, written letters have been sent to the registered owners to
inform them of the building's unsecured openings. Periodic inspections
conducted by the Buildings and inspection Services Department found little
change in the building's condition. Following the fire of May 18, 2012, the
interior conditions are unknown. it is likely that the floors, in particular at the
second and third level, are covered in debris and fire - damaged materials. The
fire may have also weakened structural members and anyone accessing the
building could be in danger from these hazards.
7. There is a higher risk of another fire event occurring at the building due to the
public's knowledge that the building is vacant and because it is easily
accessible. Additionally, the debris in the yard could be used to fuel another
fire. The subject building is in close proximity to its neighbouring buildings
and the fire of May 18, 2012 caused severe damage to the building at 53
Victoria Street. Another fire at the subject building could significantly impact
the safety of the occupants at 61 Victoria Street - a multi - family residence - or
other neighbourhood residents in nearby homes, as well as harm to the safety
of fire fighters. The fire of May 18, 2012 has been established as an
intentionally -set fire.
In its current state, the building is not structurally sound and is not suitable for human
habitation. Without immediate, significant and likely costly repair, the structure is not
salvageable. A Court Order issued on May 3, 2011 by Judge W. Andrew LeMesurier
required the owner to bring the property into the standards established in the Saint John
Minimum Property Standards By -law, By -law Number M -14 and amendments thereto
(the "Saint John 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 and amendments
thereto (the "Code'). The owners did not conduct the repairs and have left the building
vacant as an alternative.
N
:•
Required Remedial Actions
The owner must comply with one of the two options stated below:
Option 1: Remedy the conditions of the building through all repair and remedial actions
as follows:
1. The building must be completely repaired so it may become occupied. A building
permit must be applied for an all work must be conducted in accordance with the
Saint John Building By -law, By -law Number C.P. 101 and amendments thereto.
2. As part of the building permit application, detailed plans 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 also include a schedule
for the work that is to be carried out. The repaired building must meet the
National Building Code of Canada (2003) as well as other applicable codes.
3. The building must be made and kept secure and monitored on a routine basis
while the property remains vacant.
4. The premise must be cleared of all debris and the rear shed must be cleared of its
contents. The debris must be disposed of at an approved solid waste disposal site,
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. 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 dilapidation and unsoundness of structural strength and by reason of
being vacant or unoccupied.
2. A demolition permit must be obtained from the City of Saint John in order to
comply with the Saint John Building By -law.
3. The premise must be cleared of all debris, discarded items and debris from the
demolition. 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. The property must be in compliance with all applicable by -laws, acts and
regulations.
3
M
Prepared by:
J-4
Pamela Bentley, P. Eng. Date
Technical Services Engineer
Standards Officer
Buildings and Inspection Services Department
Reviewed by:
Amy Poffenro . Eng., MBA a to
Date
Deputy Commissioner
Buildings and Inspection Services Department
91
NOTICE OF APPEAL
FORM 1
(Municipalities Act, R.S.N.B.19739
c. M -22, s.190.021(1))
File No..
BETWEEN:
Appellant(s),
9"1 am
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 municipaWs, L.R.N. -B. de 19739
ch. M-22, par. 190.021(1))
No du dossier : This ,, .htbtt Ei �- k rr,
Referred to in the � of `� I�G�Q rb�i�
ENTRE : Abe le at the City of
6o fekn Saint ohn, New r nswick
be. cam/ y of
m ssloner of Oaths
92
PAMEA, M H BENTLEY
COMMIS
,00NER OF OATH'S
my rpomml ION EMRES
-et-
THE CITY OF SAINT JOHN,
Intim6e.
Numero d'identification de la parcelle : # NID
Adresse de la parcelle :
Proprietaire(s) ou occupant(s) :
Nom:
Adresse :
Telephone:
Nom:
Adresse :
Telephone:
-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 dans
I'avis qui a 6te' notifi6 aux termer de Particle 190-011 de
la Loi sur les municipalites et fait appel au Comite
d'appel des proprietes inferieures aux normes de Saint
John.
Les motifs d'appel de I'appelant(s) dans le pr6sent appel
sont les suivants (enoncer les motifs de faVon claire et
concise) :
Dated at the _ day of Fait a
.2012.
Signature of owner or occupier
2012.
Signature du propri6taire ou l'occupant
le
The appellant(s) 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 ❑ (Veuillez cocher la case
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, 8"' 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.
93
appropriee).
Veuillez faire parvenir votre Avis d'appel par courrier
recommande au secretaire de The City of Saint John
dans les quatorze (14) jours qui suivent la notification
de 1'avis a l'adresse suivante :
Bureau du greffier communal
15 Market Square, Edifice de 116tel de ville, 8e 6tage
Case postale 1971
Saint John (Nouveau- Brunswick)
E2L 4L1
Telephone: 506- 658 -2862
T616copieur: 506- 674 -4214
Notes :
1. Un avis dont it n'est pas intetW appel dans les
quatorze (14) jours qui suivent la notification de 1'avis
est r6put6e confirm6.
-3-
2. On an appeal, the Saint John Substandard
Properties Appeal Committee shall hold a hearing
into the matter at which the owner(s) or occupier(s)
bringing the appeal has (have) a right to be heard and
may be represented by counsel.
3. On an appeal, the Saint John Substandard
Properties Appeal Committee may confirm, modify
or rescind the notice or extend the time for complying
with the notice.
4. The Saint John Substandard Properties Appeal
Committee shall provide a copy of its decision to the
owner(s) or occupier(s) of the premises, building or
structure who brought the appeal within fourteen
(14) days after making its decision.
5. The owner(s) or occupier(s) provided with a copy
of a decision from the Saint John Substandard
Properties - Appeal Committee may appeal the
decision to a judge of The Court of Queen's Bench of
New Brunswick within fourteen (14) days after the
copy of the decision was provided to the owner(s) or
occupier(s) on the grounds that (a) the procedure
required to be followed by the Municipalities Act was
not followed, or (b) the decision is patently
unreasonable.
.,
2. Lors d'un Appel, le Comite d'appel des proprietes
inferieures aux normes de Saint John doit tenir, sur le
point en litige, une audience au cours de laquelle le(s)
propri&taire(s) ou 1'occupant(s) qui inter ette(nt) appel a
(ont) le droit d'etre entendu(s) et peut(vent) se faire
representer par un avo cat.
3. Lors d'un appel, le Comite d'appel des proprietes
inferieures aux normes de Saint John peut confrmer,
modifier ou annuler 1'avis ou proroger le delai pour s'y
conformer.
4. Le Comite d'appel des proprietes inferieures aux
normes de Saint John doit fournir une copie de sa
decision au(x) proprietaire(s) ou a 1'occupant(s) des
lieux, du batiment ou de la construction qui lui a(ont)
intedete appel dans les quatorze (14) jours suivant la
date a laquelle it a rendu sa decision.
5. Le(s) proprietaire(s) ou l'occupant(s) a qui une copie
d'une dicision a dte fournie par le Comite d'appel des
propridtds inferieures aux normes de Saint John
peut(vent), dans les quatorze (14) jours qui suivent,
inteteter appel de la decision devant un juge de la Cour
du Banc de la Reine du Nouveau - Brunswick au motif
que (a) la ddmarche A suivre en vertu de la Loi sur les
municipalites n'a pas ete suivie, ou (b) la decision est
manifestement deraisonnable.
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55-57 Victoria Street, Saint John, NB
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5
Common Council Orientation
Ken Forrest
Commissioner
June 25, 2012
100
F AO
"renewing places to live,
work, and invest"
r4 --
SAINT JOHN
F AO
Community Phannirkg &
Development Servke
Heritage Conserv-at an
Service
Rermittn,-, & Inspe<rti ci n
Service
By -Lave Enforcement
Service
D ve,?opment
Support
(;e€igraphie Information
Systems (GI' S'
Total Staffing Complement
Total Operating Budget
Total Revenues
Net Budget
Growth and Development qqM
37 FTE
$9,756,518
$3,068,715
$6,687)803
Departmental revenues cover 31 %
of the gross budget.
102
SAINT JOHN
rA
Staff
Budget
Revenues
Net Budget
12 FTE*
$1,483,282
$143,000
$1)3407282
*3 FTE are administrative for multiple
divisions
Ultimately, this service is about the creating a
better future for Saint John.
Service is broken out into 2 functions:
• Policy Planning
• Current Planning
SAINT JOHN
1
P&W &
OUR CITY-OUR FUTURE NOTRE ALE-NOTRE AYfhfIR
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BILL
PROJET DE LOI
61
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11,11— RRIICPw-
FISCAL IMPACT ANALYSIS OF
PLAN SAINT JOHN
City of Saint John
P�tn$J
HESISON cnn. i,r i,
FA—, 201 I
Fj
080000 I %
PLANSI, OUR NEW MUNICIPAL PLAN
IS MOVING FORWARD.
NOUS ALLONS DE UAVANT AVEC PLANSJ,
MOVINC IOMARD I AILEA DE rAVANl NOTRE NOUVEAU PLAN MUNICIPAL.
SAINT JOHN
1
REVIEW OF DEVELOPMENT
FINANCIAL INCENTIVES
City of Saint John
HEMSON C--h—, Ltd.
I— 2010
Play �
Recres]
PLANNING FEES REVIEW
City of Saint John
HEMSONConsult— eta.
j—, _1110
SAINT JOHN
1
• Current Planning refers to the administration of the
Community Planning Act including the implementation of the
Municipal Plan, Zoning Bylaw, and the Subdivision Bylaw.
Type of Application 2007 -2010 Average 2011 -2012 Average
Plan Amendment 10 1
Rezoning /Section 39
40
35
Subdivision (PAC)
25
30
Variance (PAC)
105*
30
Variance (DO)
0*
45
Totals
180
141
• The Community Planning Act requires that the Development
Officer review every building permit application.
SAINT JOHN
rA
Staff
Budget
Revenues
Net Budget
2 FTE
$317,672
$10,000* (will
$317)672
*Council did not approve fees
be $0 in 2012)
Conserves the built heritage of Saint John
through a combination through regulation,
professional advice, and public education.
ALP- -T
SAINT JOHN
• Saint John has one of Canada's largest inventories of
designated heritage properties (11 areas, 771 properties).
• Over 110 permit applications are processed each year.
• Available grant funding is now $90,000 per year.
Challenges
• Resourcing is a major challenge given the number of
properties designated.
• There is public concern about the level and extent of
regulation.
SAINT JOHN
rA
Staff
Budget
Revenues
3 FTE
$372,287
Nil
Work with developers to facilitate the
installation of new community infrastructure
to support growth.
Take a long term view to ensure that
municipal services and infrastructure meet
the City's future needs and that the public
interest is protected.
SAINT JOHN
W
Specific areas of responsibility include:
• Managing the development of new infrastructure;
• Natural gas and utility approvals;
• Water & Sewerage and Excavation Permits;
• Right of way reinstatements;
• The inspection of services as they are installed; and
• Maintenance of infrastructure records and customer service.
Challenges
• The City's requirements need to be further refined and documented.
• Climate change and drainage issues require a more comprehensive
approach to storm water management.
SAINT JOHN
rA
Staff
Budget
Revenues
Net Budget
10 FTE
$960,142
$1,225,400
($265,258)
Supports health and safety of citizens by
ensuring construction and occupancy meets
minimum acceptable standards as
established by the National Building and
Plumbing Codes and related by -laws.
0
Focus is on life safety issues.
Goal is voluntary compliance.
SAINT JOHN
W
The City issues building permits and plumbing permits and
provides inspections in support of each.
Each year...
— 1,615 building and plumbing permits issued
— 12,550 inspections conducted
— 450 enforcement cases addressed
— 520 violation letters issued
Challenges
New provincial Building Code Act and regulations will necessitate a major
Building Bylaw review.
— Adoption of a new building code and energy code will require extensive staff
training.
ALP- -T
SAINT JOHN
r AO
I
i
Staff
Budget
Revenues
Net Budget
6 FTE
$575)330
$38,000
$537)330
Supports a safe and healthy community
and an enhanced quality of life.
Focus on life safety issues.
Goal is voluntary compliance.
SAINT JOHN
F AO
Dangerous and Vacant Buildings $137,341
— 130 active cases and 47 cases resolved
— 440 inspections and 12 Notices to Comply
Minimum Property Standards $269,646
— 660 inspections , 300 active cases, 35 Notices to Comply
— 12 court appearance (2011 - $22,020 in fines)
Other By -laws $168,343
— Unsightly premises, Zoning, Heritage, Animal Control
— 385 active cases
Challenges
— The caseload for dangerous and vacant buildings is increasing.
The service is focussed on life safety issues. The level of enforcement
on zoning and other bylaw infractions is limited.
SAINT JOHN
rA
W
Staff
Budget
Revenues
Net Budget
2 IFTE
$2851314
$37,500
$2471814
Provides the data, mapping, and spatial analysis required to
support all service delivery in Saint John.
• An important source of information about the community
that is heavily used by residents, developers, and others.
---I
Growth and Development 115
SAINT JOHN
W
• Coordinates spatial information collection projects for City departments
and maintains the City's spatial information datasets.
• Maintains the City's Enterprise GIS for employee use and produces
maps for City departments.
• Maintains the Maps and Air Photos section of the City's web site for
public use.
• Responds to public and employee enquiries regarding mapping and
geographic information and fulfills data requests.
• Provides spatial analysis services to City departments.
• Assigns official civic addresses, maintains the official street list for the
City of Saint John and ensures street names meet NB 911 guidelines.
SAINT JOHN
Economic Development Service
- City Market
- Enterprise SJ
- Trade and Convention Centre
- Harbour Station
Industrial Park Service
Tourism Service
Urban Redevelopment
$2,183,237
$300,000
1 FTE
$845,000
$27343)939
- SJ Development Corp.
- Waterfront Development Corp.
- Market Square, Common Area
rA -r
117
SAINT JOHN
Project Description
With adoption of the new Municipal Plan (Plan SJ) in January 2012, the critical next step under the Community
Planning Act is enactment of a new Zoning By -law. The Zoning By -law is the key tool in implementing the Land Use
Vision and Policy Framework established in the Municipal Plan and its importance is highlighted by the fact that
111 of the 507 policies contained in the new Municipal Plan outline implementation initiatives specific to the
Zoning By -law or issues within the scope of the Zoning By -law. The last comprehensive review of the City's current
Zoning By -law was in 1983 and it is time to revise the document to ensure it meets the community's vision for
future development established in PlanSJ.
The new Zoning By -law will build on the key tenets of the Municipal Plan including:
• Establishing zoning to promote growth in existing serviced areas.
• Promoting a greater variety of housing choice.
• Incorporating best practices in zoning for industrial and commercial developments which seek to
minimize impacts on adjacent land uses and allow for continued economic development.
• Promoting a greater mix of supporting land uses to create complete communities and increased
density to support transit demand.
• Promoting increased consideration of urban design principles in new developments.
• Improving standards for environmental protection.
Development of the new Zoning By -law will incorporate principles of the Plan SJ process including community
engagement, leading edge best practices, and effective implementation and monitoring techniques.
A Zoning By -law sets out what activities and land uses can occur on properties within the City and also sets
standards for where buildings and structures are located on properties through criteria such as setbacks from
streets and property lines. Sizes of buildings and structures are also regulated along with site design criteria such
as landscaping and parking requirements.
In conjunction with the Zoning By -law review, Staff will also undertake a series of amendments to the Subdivision
By -law to align the Subdivision By -law with the land use vision established in the new Municipal Plan. These
amendments will focus on critical issues to implement PlanSJ such as lot creation in rural areas. Following
completion of the new Zoning By -law and Corporate Reorganization, Staff will focus on a comprehensive update to
the Subdivision By -law to clearly outline standards for new subdivision development such as infrastructure design
and servicing. In addition, staff will review the Department's public engagement process used for planning
applications.
Progress Status Report
Under the provisions of the Community Planning Act, municipalities have between 12 and 24 months to adopt a
new Zoning By -law following adoption of a Municipal Plan. The process began in January 2012 with the adoption of
PlanSJ and is targeted for completion in mid -2013 with adoption of the new Zoning By -law.
A Public Open House was held in March 2012 to officially launch the project and focused on building awareness
about the scope of the By -law and the process to complete the new Zoning By -law. This event provided the
opportunity to begin to solicit input from the Community. Staff have begun developing a series of new land use
118
SAINT JOHN
zones and other by -law content based on best practices within Canada and North America. As with the PlanSJ
process, public engagement will be an integral component of the development of the new by -law.
Next Steps and Deliverables
Over the course of the summer, staff will be developing by -law content focusing on land use zones and related
development standards. This will include the creation of a series of land use zones for the City and zone- specific
standards such as lot dimensions and setbacks, density and building height. Work will also commence on
developing general provisions relating to all land uses including parking standards, signage standards, standards for
environmental protection, local agriculture, landscaping, access requirements and standards relating to specific
land uses such as home occupations. This information will be presented to the Community at a Public Open House
planned for September 2012 and consultation will also occur with development industry stakeholders.
Building on the extensive Community Engagement that was a component of the new Municipal Plan, the Zoning
By -law Review will also include Public Open Houses, stakeholder focus groups, website programming, social media,
a Public Review period for the Draft Zoning By -law and content in the City's citizen newsletter, Insight.
Input from the Planning Advisory Committee (PAC) will be used over the course of the project. This approach will
allow for input from a "Citizen -at- large" steering committee familiar with the delivery of planning in Saint John.
This approach will also provide for a learning opportunity for Committee members with respect to the technical
foundation underlying the by -law standards.
Following the Community consultations in September, Staff will work towards incorporating input from the
consultations into a refined document that will form a Draft By -law for public review and comment. The draft will
be reviewed by City Legal Staff and then presented to the Public at a Public Open House in early -2013. This
community engagement event will initiate a 30 -day Public Comment period prior to the legislated adoption
process under the Community Planning Act. Staff will incorporate relevant public comments received during the
30 -day comment period and then translate the document into French. The deliverable for this stage will be the
final Zoning By -law to be adopted in accordance with the Community Planning Act.
The required adoption process under the Community Planning Act will include referral of the proposed By -law to
the Planning Advisory Committee by Common Council along with the required Public Hearing and three readings to
the Zoning By -law at Common Council. The final deliverable will be adoption of the new Zoning By -law scheduled
for mid -2013.
Budget / Resourcing
Staffing for the project will be from in -house Planning and Development staff, building on the capacity and
expertise that was developed in the Plan SJ process. Financial resources totalling approximately $200,000 are
budgeted over the course of the project to cover items such as expenses for the Public Engagement component,
translation, advertising and external data requirements. The vast majority of the financial resources dedicated to
this project will be invested in communications and public engagement to ensure that residents and property
owners are fully involved in the development of the new by -law.
119 SAINT JOHN
Common Council Briefing Report — Dangerous and Vacant Buildings
The Saint John Unsightly Premises and Dangerous Buildings and Structures By -law adopts section 190 of the
Municipalities Act, which includes the following sections:
190.01(1.1) 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. (amended June 2011)
190.01(2) 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.
If one or both of these conditions exist, inspectors will first send a series of violation letters to gain compliance
(this is practice, but not required by the Act /By -law). If compliance is not forthcoming, or the condition is such that
it needs immediate attention, a formal Notice to Comply is issued. A detailed inspection report signed by an
engineer in our office is attached to the notice. The notice also requires a legal title search, to be in the form
prescribed by legislation, and review by the City Solicitor's Office. It is served to the owner(s) of the property
and /or posted at the property and is also registered at the SNB Land Registry Office. The Notice requires
compliance, either repair or demolition, within a specified period of time (depending on the severity of the
condition). Property owners can appeal to the Saint John Substandard Appeals Committee within 14 days of being
served a Notice to Comply. If the Notice is not complied with, the City has a number of enforcement tools available
to it:
• Lay a charge in Provincial Court (fines range from $240 - $10,200 — can charge daily fine),
• Issue a violation ticket ($240),
• Repair or demolish the building or structure (demolish is the only option if it complies to 190.01(2)).
The City often chooses to demolish the buildings to eliminate the hazard to the safety of the public, even if they
only comply to 190.01(1.1). A ticket or Provincial Court proceeding does not necessarily eliminate the hazard, but
results in fines to the owner only. If the recommendation is to demolish the building, Common Council is
presented with the case, and makes the decision whether or not to proceed with demolition. Once approved, staff
arranges for demolition and cleanup of the property by a qualified contractor hired in compliance with the Policy
for the Procurement of Goods, Services, and Construction. Again, following policy, the demolition invoice is paid
and the owner is billed the full amount. If the owner does not pay, the City requests reimbursement by the
Province of New Brunswick; the amount is typically reimbursed with the March transfer payments from PNB and
the outstanding amount is then added to the property tax bill.
Costs of Program 2012: Staffing:
Wages and Benefits $106,137 0.35 Management
Goods and Services 31,203 0.56 Technical (Local 486)
$137,341 0.30 Administrative (Local 486)
*Not included in costs are Legal resources, which is a significant contribution
120
SAINT JOHN
Statistics (from 2011 *):
Service level for 2012 8 cases resolved / year
Number of inspections 440
Number of cases 133
Number of violation letters 173
Number of Notices to Comply 12
Number of demolitions (by owner or City) 26
Number of repairs (by owner) 21
Number of vacant buildings to date (this changes weekly) 99
*Note — 2011 stats include efforts from enhanced program with additional resources
Staff monitors the vacant buildings on a regular basis to inspect the condition of the buildings and to check if the
condition has deteriorated or the building is open to the public. Appropriate letters are sent and personal contact
is made with property owners, if possible. Detailed inspections are conducted and inspection reports are written.
Staff coordinates efforts with the Fire department, if possible.
Buildings are categorized with use of a detailed matrix system that is used to prioritize buildings. Buildings of
greatest concern are dealt with first. High priority buildings are those that are structurally unsound, open to the
public, have been vandalized and /or set on fire, are close to schools, community centres, playgrounds, priority
neighbourhoods, have been abandoned, etc.
Since legislation was amended in June 2011 to include a wider range of conditions of buildings that would be
applicable to the by -law, the department saw a significant increase in the number of new cases — 42. The number
of buildings that apply to the legislation /by -law are higher now that the legislation has been broadened to include
vacant and unoccupied buildings (regardless if they are structurally unsound or not). Through enhanced efforts in
2011, 44 buildings were removed from the vacant building list.
Enhanced Enforcement Program (mid -2011 to early -2012)
In 2011, Council added resources to the program budget ($185,000) to enhance the program to deliver a service
level of 15 cases resolved / year. A new staff person was hired in July 2011 and was laid off in February 2012. In
the 7 months of the enhanced program, 15 Notices were issued (5 buildings were demolished by the City, 4 were
demolished by the owner, 6 were repaired by the owner). As a result of the enhanced enforcement actions prior
to issuing formal Notices to Comply, 10 buildings were demolished by the owner. Total results for the 7 month
enhanced program are 19 demolitions and 6 repairs. Many other buildings were repaired by the owners without
having received a notice by the City. From July 1, 2011 — December 31, 2011, the enhanced program cost $81,000
(this included the cost for 4 demolitions, for which the City will be reimbursed).
Respectfully Submitted,
Amy Poffenroth, PEng MBA
Deputy Commissioner
121
SAINT JOHN
Questions from Council June 4, 2012 and Frequently Asked Questions:
1. Can the City take title of the property?
a. There is no authority for the City to take ownership of these properties either before or after
demolition without purchasing it outright from the owners
2. Is there a time limit that a property owner can have a vacant building before they have to do
repair /demolish it?
a. There is no authority to put a time limit on the length of time a building can be vacant; however,
the longer a building is vacant, the higher it is considered on the priority setting matrix. The issue
of time limit was considered by PNB when passing legislation amendments, and it was not
approved.
3. Does the City always get reimbursed by the Province if it demolished a building?
a. In all but one case, the City has been reimbursed by the Province for the full amount of
demolition. Since 2009, 11 demolitions were reimbursed by the Province, for a total of $91,000.
In the one case that was not reimbursed, the property was in the process of a tax sale, which
caused the Province not to reimburse. Since that case, processes have been modified in
consultation with the tax sale office of PNB so this situation will not happen again.
4. Can the City facilitate the sale of the property?
a. It could be argued that it would be inappropriate or acting in bad faith for the City to, on the one
hand, pursue enforcement actions against a property while facilitating a property sale. It is not
the role of the City to assist property owners with the sale of their properties.
5. Can City crews carry out the demolition in order to save on costs?
a. This is specialized work that is more appropriate to be carried out by qualified demolition
contractors with appropriate training, experience, equipment and insurance. Having city crews
do the work would take away from them carrying out their core services. Where the City gets
reimbursed for the full cost of demolition, it is more efficient to outsource this work and have
city crews focus on their core service areas.
6. What happens to the vacant land?
a. The property, vacant after a demolition, is still owned by the property owner to rebuild, sell, or
leave as is. Ideas for how to encourage development will be brought forward to Council later in
the year.
7. Why are the program costs what they are?
a. 77% of the program costs are wages and benefits. The rest of the budget is goods and services,
including costs for demolitions, appeal hearings, service of documents, etc.
8. What costs can / cannot be recovered?
a. Full demolition costs can be recovered, including permit fees and tipping /dumping fees. Costs to
register documents can also be recovered. Staff time cannot be recovered.
122
SAINT JOHN
Common Council Orientation
Phil Ouellette
Intergovernmental Affairs Coordinator
June 25, 2012
123
?I
The Intergovernmental Affairs Office
advances the City's financial and policy
interests by pursuing opportunities and
addressing priorities of the community.
Budget: $143,151 (includes one FTE)
Human
Resources Service
Corporate
Planning Service
Intergovernmental
i Affairs Service
Corporate
Communications Service
Information Technology
Systems Service
SAINT JOHN
Economic
Environment
Integrated Community
Sustainability Plan
Governance 4z�. <�;r <3,
Q
Plan Saint Council Corporate
John Priorities Strategic
Infrastructure Social Plan
Our Saint John: Community Vision and Goals
125
IGA Plan
SAINT JOHN
rA
I
Environmental
Scan
Administrative
Recommendations
IGA Files
SAINT JOHN
rAP-M
INTERVIEWS
■ City of Saint John staff
■ IGA Coordinators from other
municipalities
■ Fed /Prov Public Servants
■ Elected Officials
■ Government Relations
Experts
Communuity Partners
SAINT JOHN
rA
Threat Opportunity I Weakness Strength
Risk
damaging
trust and
credibility
Limited
external
funding
Advance
City priorities
with
municipal
associations
and
multilateral
cooperation
Transactional
and reactive
relationships
Weak flow of
IGA
information
between
Council and
City Staff
128
Strong
reputation
for project
manag-
ement
History of
effective
policy and
financial
coordination
with
external
partners
r� -�
SAINT JOHN
IM.
• Continue investigation
orientated Action Plan
IOL I*
AW
4
5
and build high - performing and result
Construct sustainable intergovernmental infrastructure and
office solutions
Facilitate exchange of information on intergovernmental files
across structure of City of Saint John
• Facilitate exchange of information on intergovernmental files
between City of Saint John and external entities
• Develop issue - specific action plans for key intergovernmental
objectives
J
Strategic Services 129
SAINT JOHN
rA
FINANCIA�.Mj 1001 -
Orr Safe, Clean Drinking Water
Saint John Pension Reform
Ir Implementation of Plan Saint John
Road Infrastructure
Action Plan for a New Local Governance System
SAINT JOHN
Tat
JOBS
AGENDA
Wednesday March 21-,2012
City of Saint John Council Chamber
New l oca16 1 * 1 Intrastructwo 2nd Session. 57th Legislarurr
_ Canada New11. ,i,k
J �unswick 60 -61 Elizabeth II. _011 -Sc112
2nd Session. 57th Legislature
New Brunswick
60-61 Elizabeth IL 2011-2012
BILL
68
An A,,,. Repeal the
6:30 pm -7:00 pm
C ir, of Saint John Pension .art
Welcoming attendees into Council Chambers
q;'°sh
700 pm -7:05 pm
Welcoming Remarks
PhblOuellette
Read Srst ume luue 1.?Ol?
7:05 pm -7:15 pm
^ mor,e,�Z* Me'"'ae me }^rm,s'ds
pa old
EleetlonsNew Brunswick
Michael Quinn
Read second time:
Daigle, Richard
7:15 pm– 7:25 pm
Department of LocalGovernme nt
Stephenflont
Committee.
7:25 pm -7:35 pm
City of Saint John, Solid ROr's Office
Melanie Tompl
Read third time -.
7:35 pm -7:45 pm
City of Saint John, Office ofthe Common Clerk
Elizabeth Gorn
7:45 pm -8:00 pm
Questions/Wrap-up
Ph II Oue Ilette
8:00 pm -8:30 pm
HON. 11ARIE- CLAL'DE BL9LS, Q.0
Kiosksin lobby
57• legislature
Noas'raa- Brunswick
60 -61 Elizabeth H. 2011 -2012
PROJET DE LOI
68
Lot ab,.geam la
Loi snr le regime de retraite
de la sill, de Saint John
Premiere I— : le I• join 2012
Deuneme lecture,
Comite
Trotveme lecture:
L'HON. ]L4RIE- ClA.UDE RIAIS, c.r.
Light refreshments will be oroiloble in the lobby of the Council Chamber oJrer tree pzesenwoona. I spa q r• g.� 1a 31
BILL
61
Regional Senice Delivery Act
st time: Mav30.2012
ram tip
nee:
led tin-
'on 51, legisbamre
Nooreau- Bronswick
60 -61 Elzabeth M 2011 -2012
PROJET DE LOI
61
Loi sur la prestatlon de services regionam
Premiere lec ure le JO mas'01?
Deaveme lecnne
Commie:
Troineme lecture
HON. BRUCE FITCH L'HON. BRUCE FITCH
panes:
.of -Way
Z
11_.S
aeX�i"te
q;'°sh
<or 'C
^PFe�yi ^ „4pW M ^tyy .apyra
/l
�'.
r^vz yy tsg W,�,�
^ mor,e,�Z* Me'"'ae me }^rm,s'ds
pa old
° �,.<
SAINT JOHN
"a. a
,aa',b._.
rA
1. Regular briefing material
2. Support for participation in municipal associations (FCM
and CNBA)
3. Biennial Environmental Scan
4. Government Relations and External Partnerships Plan to
support Council Priorities
5. Annual submissions to pre- budget consultations
6. Track /monitor intergovernmental priorities
7. Support effort to access external funding
8. Departmental coordination and capacity building
9. Orchestrate intergovernmental meetings and responses
Strategic
132
SAINT JOHN
rA
1. Connect with City Manager if you have a meeting with a
major external partner (support through briefing material)
2. Update City Manager and fellow Council Members on
information collected during meetings with external
partners
I Regularly update and connect with federal /provincial
elected officials
4. Support a coordinated approach to intergovernmental
affairs
5. Commitment to priorities established by Council
6. Consider best practices
Strategic Services
133
SAINT JOHN
• Focus and discipline on key priorities
• Strategic and intentional intergovernmental relationships
• Interest -based partnerships / Shared priorities
• Seek advice from administration, and updates on
intergovernmental files
• Political + Political / Public Service + Public Service
• Council is the ultimate spokesperson and ambassador on
intergovernmental priorities
• Respect jurisdictional boundaries
• Appreciate difference between municipal governance and
fed /provincial governance
134
SAINT JOHN
• Internal /External marketing of intergovernmental capacity
of City of Saint John
• Upcoming briefing on Action Plan for a New Local
Governance System in New Brunswick
• Setting of Council priorities
• Government Relations and External Partnerships Plan
• Regular briefing /updating...
Strategic
135
SAINT JOHN
Phil Ouellette
Intergovernmental Affairs Coordinator
phil.oueilettec�saintjohn.ca
658 -4022
136
SAINT JOHN
Common Council Orientation
Greg Yeomans
Commissioner
Finance and Administrative Services
June 25, 2012
137
rA
i1el a 0 1 pyi
• Introduction
• Legislative Responsibilities
• Budget — Operating versus Capital
— General Fund versus Water and Sewerage Utility
• Debt and its Relation to Capital
• Pension Funding
• Municipal Comparatives
138
SAINT JOHN
r AO
• Municipalities Act
— S 74 (2) The council of every municipality shall appoint a clerk, a
treasurer and an auditor.
— S 77 (1) The treasurer is the Chief Financial and Accounting Officer
of the municipality.
— S 87 (1)The fiscal year of every municipality is the calendar year.
— S 89 (1) Subject to
this
section
and the Municipal Capital Borrowing
Act, a municipality
may
borrow
money
for municipal
purposes.
— S 89 (2) to S (89) 7 contains the parameters related to municipal
borrowing
139
SAINT JOHN
F AO
• Municipalities Act
— S 189 — Utility Commissions — Where under this Act a municipality
provides
• (a) water, or
• (b) a sanitary sewerage system,
— the municipality shall construct, operate and maintain such service or
utility on a user charge basis, which may be established on an
amortized basis as to the municipality shall seem fit, and may
establish a separate or joint rate therefore.
140
SAINT JOHN
rA
• Operating budget
— Relates to the expenditures required to run the business on a day to
day basis
• Wages and benefits
• Utilities — telephones, electricity, water
• Vehicle — fuel, maintenance, tires, parts
• Snow removal — salt, sand
• Debt service costs — principal, interest, other
• Grants to related entities
• Capital Budget
— Relates to the expenditures required to build infrastructure
141
SAINT JOHN
F AO
• General fund
— Revenues and expenditures related to the following services:
• Growth and Development
• Urban Environment
• Transportation and Environment Services
• Administrative Services
• Strategic Services
• Water & Sewerage Utility
— Revenues and expenditures related to the following services:
• Saint John Water
• Administrative Services
142
SAINT JOHN
Growth & Planning
Neighbourhood
Roadway
Drinking
Financial
Human
Services
Improvement
Maintenance
Water
Management
Resources
Permitting
g
Recreation and
Sidewalk
Industrial
Pension
Corporate
P
Inspection Services
Cultural Programming
Maintenance
Water
Administration
Planning
Development
Fire and Rescue
Pedestrian and Traffic
Asset
Intergovernmental
Support
Services
Management
L`a a ste :`;ate r
Management
Affairs
Geographic
Emergency
Stormwater
Utility Business
Corporate
Information Systems
Management
Management
Management
Communications
Solid Waste
Information Technolog,�
Collection
Systems
Engineering
Parks and Public
Spaces
01— 7„
jr
SAINT JOHN
F AO
• Capital is the expenditure of money for the acquisition of
tangible capital assets (PSAB)
• There are several methods to fund capital expenditures
— Contributions from 3rd parties
— Contributions from the operating fund
— Borrowing (debt)
144
SAINT JOHN
F AO
CAPITAL BUDGET
Transportation
Recreation
Transit
Others
Sub-Total
Peel Plaza
TOTAL
Contributions from Others
Contributions from Prov. of NB for Peel Plaza
Sub-Total
Net cost of capital to be borrowed
ACTUAL CAPITAL EXPENDITURE
2008 2009 2010 2011 2012
12,240,000
21,790,000
9,034,000
12,459,528
5,741,000
1,879,190
11,105,000
2,460,000
600,000
1,260,000
10,000,000
24,577,000
600,000
150,000
1,100,000
36,047,513
20,312,900
15,786,100
6,311,000
7,929,302
11,931,538
60,166,703
77,784,900
27,880,100
19,520,528
16,030,302
5,658,167
20,972,803
6,902,934
60,166,703 77,784,900 33,538,267 40,493,331 22,933,236
- 19,795,000 - 26,782,000 - 11,969,000 - 7,485,528 - 4,814,202
- 3,979,044
- 19,795,000 - 26,782,000 - 11,969,000 - 7,485,528 - 8,793,246
40,371,703
51,002,900
21,569,267
33,007,803
14,139,990
2008
2009
2010
2011
2012 (Y -T -D)
23,848,867
27,878,550
31,836,681
31,104,919
11,931,538
SAINT JOHN
r AO
Opening Balance
Borrowings
Spring
Fall
Total Borrowings
Payments - Principal
Ending Balance
Assessment Base
Current year borrowings
as a percent of assessment base
Total outstanding debt
as a percent of assessment base
2008
2009
2010
2011
2012
52,390,700
58,726,600
73,364,000
79,864,000
102,528,000
8,500,000
14,000,000
15,000,000
27,000,000
5,500,000
8,500,000
4,500,000
38,200,000
14,000,000
22,500,000
15,000,000
31,500,000
38,200,000
7,664,100
7,862,600
8,500,000
8,836,000
10,298,000
58,726,600
73,364,000
79,864,000
102,528,000
130,430,000
4,329,841,900
4,751,846,100
5,074,214,300
5,290,304,496
5,565,280,704
0.32% 0.47% 0.30% 0.60% 0.69%
1.36% 1.54% 1.57% 1.94% 2.34%
fr -7„
jr
146
SAINT JOHN
rA
Total Expenses
2008
2009
2010
2011
2012
Debenture Principal
7,664,100
7,862,600
8,500,000
8,836,000
10,298,000
Debenture Interest
2,617,622
2,974,894
3,460,512
3,943,894
4,219,951
Other debt charges
451,238
517,011
613,643
913,967
1,162,396
Total Fiscal Charges
10,732,960
11,354,505
12,574,155
13,693,861
15,680,347
Total Expenses
118,361,926
126,175,260
135,069,648
139,820,873
144,642,653
Debt Service Ratio
9.07%
9.00%
9.31%
9.79%
10.84%
SAINT JOHN
rA
CAPITAL BUDGET
Harbour Clean -up Program
Infrastructure Renewal - Sanitary
Infrastructure Renewal - Water
Water Service Needs
Safe, Clean Drinking Water
Watershed Protection
TOTAL
Contributions from Others
Net cost of capital to be borrowed
ACTUAL CAPITAL EXPENDITURE
2008 2009 2010 2011 2012
36,150,000
27,675,000
22,880,000
25,760,000
6,503,500
1,990,000
3,185,000
1,705,000
4,575,000
2,365,000
5,675,000
4,080,000
4,295,000
1,615,000
4,930,000
770,000
12,955,000
18,642,334
16,765,000
18,557,635
14,815,000
1,420,000
5,059,135
550,000
800,000
550,000
400,000
600,000
45,135,000
48,695,000
44,245,000
33,770,000
19,457,635
- 24,100,000
- 26,620,000
- 25,602,666
- 17,005,000
- 900,000
21,035,000
22,075,000
18,642,334
16,765,000
18,557,635
2008
2009
2010
2011
2012 (Y -T -D)
9,994,413
26,208,682
53,290,541
33,329,059
16,166,980
1M -7„
jr
SAINT JOHN
Opening Balance
Borrowings
Spring
Fall
Total Borrowings
Payments - Principal
Ending Balance
2008 2009 2010 2011 2012
45,307,000 45,504,000 46,279,000 45,832,000 61,448,000
2,500,000 1,500,000 5,000,000 14,000,000
3,500,000 5,000,000 7,000,000 28,000,000
6,000,000
6,500,000
5,000,000
21,000,000
28,000,000
5,803,000
5,725,000
5,447,000
5,384,000
6,010,000
45,504,000
46,279,000
45,832,000
61,448,000
83,438,000
fr -7„
jr
149
SAINT JOHN
rA
2008 2009 2010 2011 2012
Debenture Principal
5,803,000
5,725,000
5,447,000
5,384,000
6,010,000
Debenture Interest
2,167,168
2,160,790
2,208,148
2,370,401
3,069,056
Other debt charges
325,627
188,502
374,995
608,582
690,000
Total
8,295,795
8,074,292
8,030,143
8,362,983
9,769,056
Capital from Operating
2,898,392
5,605,034
5,605,000
6,421,500
5,605,000
Total W &S Utility Expenses
28,946,350
32,013,019
33,491,745
35,287,310
36,927,000
Debt service costs as a percent of 28.66% 25.22% 23.98% 23.70% 26.46%
Total Expenses
SAINT JOHN
r AO
Thank you
Questions?
151
SAINT JOHN
CAPITAL BUDGET
Transportation
Recreation
Transit
Others
Sub -Total
Peel Plaza
TOTAL
Contributions from Others
Contributions from Prov. of NB for Peel Plaza
Sub -Total
Net cost of capital to be borrowed
ACTUAL CAPITAL EXPENDITURE
2008
2009
2010
2011
2012
12,240,000
21,790,000
9,034,000
12,459,528
5,741,000
1,879,190
11,105,000
2,460,000
600,000
1,260,000
10,000,000
24,577,000
600,000
150,000
1,100,000
36,047,513
20,312,900
15,786,100
6,311,000
7,929,302
60,166,703
77,784,900
27,880,100
19,520,528
16,030,302
5,658,167
20,972,803
6,902,934
60,166,703 77,784,900 33,538,267 40,493,331 22,933,236
- 19,795,000 - 26,782,000 - 11,969,000 - 7,485,528 - 4,814,202
-3,979,044
- 19,795,000
- 26,782,000
- 11,969,000
- 7,485,528
- 8,793,246
40,371,703
51,002,900
21,569,267
33,007,803
14,139,990
2008
23,848,867
2009
27,878,550
2010
31,836,681
2011
31,104,919
2012 (Y -T -D)
11,931,538
152
Opening Balance
Borrowings
Spring
Fall
Total Borrowings
Payments - Principal
Ending Balance
Assessment Base
Current year borrowings
as a percent of assessment base
Total outstanding debt
as a percent of assessment base
2008
52,390,700
2009
58,726,600
2010
73,364,000
2011
79,864,000
2012
102,528,000
8,500,000 14,000,000 15,000,000 27,000,000
5,500,000 8,500,000 4,500,000 38,200,000
14,000,000 22,500,000 15,000,000 31,500,000 38,200,000
7,664,100 7,862,600 8,500,000 8,836,000 10,298,000
58,726,600 73,364,000 79,864,000 102,528,000 130,430,000
4,329,841,900 4,751,846,100 5,074,214,300 5,290,304,496 5,565,280,704
0.32% 0.47% 0.30% 0.60% 0.69%
1.36% 1.54% 1.57% 1.94% 2.34%
153
154
2008
2009
2010
2011
2012
Debenture Principal
7,664,100
7,862,600
8,500,000
8,836,000
10,298,000
Debenture Interest
2,617,622
2,974,894
3,460,512
3,943,894
4,219,951
Other debt charges
451,238
517,011
613,643
913,967
1,162,396
Total Fiscal Charges
10,732,960
11,354,505
12,574,155
13,693,861
15,680,347
Total Expenses
118,361,926
126,175,260
135,069,648
139,820,873
144,642,653
Debt Service Ratio
9.07%
9.00%
9.31%
9.79%
10.84%
154
CAPITAL BUDGET
Harbour Clean -up Program
Infrastructure Renewal - Sanitary
Infrastructure Renewal - Water
Water Service Needs
Safe, Clean Drinking Water
Watershed Protection
TOTAL
Contributions from Others
Net cost of capital to be borrowed
ACTUAL CAPITAL EXPENDITURE
2008 2009 2010 2011 2012
36,150,000
27,675,000
22,880,000
25,760,000
6,503,500
1,990,000
3,185,000
1,705,000
4,575,000
2,365,000
5,675,000
4,080,000
4,295,000
1,615,000
4,930,000
770,000
12,955,000
2010
2011
2012 (Y -T -D)
9,994,413
26,208,682
14,815,000
1,420,000
5,059,135
550,000
800,000
550,000
400,000
600,000
45,135,000
48,695,000
44,245,000
33,770,000
19,457,635
- 24,100,000
- 26,620,000
- 25,602,666
- 17,005,000
- 900,000
21,035,000
22,075,000
18,642,334
16,765,000
18,557,635
2008
2009
2010
2011
2012 (Y -T -D)
9,994,413
26,208,682
53,290,541
33,329,059
16,166,980
155
2008 2009 2010 2011 2012
Opening Balance
45,307,000
45,504,000
46,279,000
45,832,000
61,448,000
Borrowings
Spring
2,500,000
1,500,000
5,000,000
14,000,000
Fall
3,500,000
5,000,000
7,000,000
28,000,000
Total Borrowings
6,000,000
6,500,000
5,000,000
21,000,000
28,000,000
Payments - Principal
5,803,000
5,725,000
5,447,000
5,384,000
6,010,000
Ending Balance
45,504,000
46,279,000
45,832,000
61,448,000
83,438,000
156
Debt service costs as a percent of 28.66% 25.22% 23.98% 23.70% 26.46%
Total Expenses
157
2008
2009
2010
2011
2012
Debenture Principal
5,803,000
5,725,000
5,447,000
5,384,000
6,010,000
Debenture Interest
2,167,168
2,160,790
2,208,148
2,370,401
3,069,056
Other debt charges
325,627
188,502
374,995
608,582
690,000
Total
8,295,795
8,074,292
8,030,143
8,362,983
9,769,056
Capital from Operating
2,898,392
5,605,034
5,605,000
6,421,500
5,605,000
Total W &S Utility Expenses
28,946,350
32,013,019
33,491,745
35,287,310
36,927,000
Debt service costs as a percent of 28.66% 25.22% 23.98% 23.70% 26.46%
Total Expenses
157