2013-01-21_Agenda Packet--Dossier de l'ordre du jour �
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City of Saint John
Common Council Meeting
AGENDA
Monday, January 21, 2013
6:00 pm
Council Chamber
Si vous avez besoin des services en francais pour une reunion de Conseil Communal, veuillez contacter le
bureau de la greffiere communale au 658-2862.
Pages
1. Call to Order- Prayer
2. Approval of Minutes
3. Approval of Agenda
4. Disclosures of Conflict of Interest
5. Consent Agenda
5.1 Changes to Council Meeting Schedule for Monday January 28, 2013 1 - 1
(Recommendation in Report)
5.2 Lancaster Wastewater Treatment Facility Environmental Risk Assessment 2 - 4
(Recommendation in Report)
6. Members Comments
7. Proclamation
8. Delegations/ Presentations
9. Public Hearings
10. Consideration of By-laws
10.1 Third Reading - Business Improvement Levy By-Law 5 - 5
10.2 Third Reading - Saint John Heritage Areas By-Law Amendment 6 - 6
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10.3 Third Reading - Proposed Zoning By-Law Amendment 345 Boars Head Rd 7 - 8
(Cambridge Estates)
10.3.1 Section 39 Conditions - 345 Boars Head Road (Cambridge Estates) 9 - 9
10.4 Third Reading - Proposed Zoning By-Law Amendment 8 Rockwood Av 10 - 11
10.4.1 Section 39 Conditions - 8 Rockwood Av 12 - 12
10.5 Third Reading - Proposed Zoning By-Law Amendment 2112 Bayside Dr 13 - 14
10.5.1 Section 39 Conditions - 2112 Bayside Dr 15 - 15
11. Submissions by Council Members
12. Business Matters - Municipal Officers
13. Committee Reports
13.1 Planning Advisory Committee: Proposed Subdivision 345 Boars Head Road 16 -40
(Cambridge Estates)
13.2 Saint John Board of Police Commissioners: Response to Council Resolution 41 -47
Respecting Sex Trade Workers (Tabled January 14, 2013)
14. Consideration of Issues Separated from Consent Agenda
15. General Correspondence
16. Supplemental Agenda
16.1 Common Clerk: Resignation of Donnie Snook 48 -48
16.1.1 Letter of resignation received 49 - 51
16.2 Minutes of December 27, 2012 52 - 52
16.3 Minutes of January 2, 2013 53 - 56
16.4 Ambulance New Brunswick- Hands Only CPR Demonstration 57 - 57
16.5 City Manager: Actionable Resolutions Report 58 - 58
16.6 City Manager: Mutual Nondisclosure Agreement between the City and 59 - 61
ClearRisk
16.7 Actionable Resolutions - Reflecting up to the January 14, 2013 Council 62 - 92
Meeting
2
Meeting
16.8 Commissioner of Finance: Water& Sewer Utility 2013 Operating Budget 93 - 94
16.9 City Manager: Fundy Quay- Phase 3 Environmental 95 - 104
17. Committee of the Whole
18. Adjournment
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City of Saint John
Common Council Meeting
Monday January 17,2013
Committee of the Whole
1. Call to Order
Si vous avez besoin des services en fran�ais pour une reunion de Conseil Communal, veuillez
contacter le bureau de la greffiere 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 City Hall
1.1 Approval of Minutes 102(4)
1.2 Legal Matter 10.2(4)(�
1.3 Personal Matter 10.2(4)(b)
1.4 Land Matter 10.2(4)(d)
4
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Thc City of Saint John
Seance du conseil communal
Le lundi 21 janvier 2013
S�lle t�u conseil, 1$h
Comite plenicr
1. Ouverture de Ia seance
Si vous avez besoin des services en fran4ais pour une reunion de Con.seil Communal,
veuiliez contacter le bureau dc la greffiere communale au 658-2862.
Chacun des points suivants, en totalite ou en partie, peut faire l'objet d'unc discussion en
prive en vertu des dispositions prevues a 1'article 10 de la Loi sur les municipalites. Le
conseil/comite prendra une ou des dccisions a cet egard au cours dc la seance publique :
16 h 30—Salle de confcrence, 8e etage, hotel de ville
1.1 Approbation du proces-verbal—paragraphe 10.2(4)
1.2 Question.juridique—alinea 10.2{4�
1.3 Question relative au personnel—alinea 10.2(4)b}
1.4 Question relative aux biens-fonds—alinea 10.2(4)c�
Seance ordi�oaire
1. Ouverture de la seance, suivic de la priere
2. Approbation du proces-verbal
3. Adoption de 1'ordre du jonr
4. Divulgations de conflits d'interets
5. Queshons soumises a 1'approbation du conseil
5.1 Modifications au calendrier des r�unions du conseil communal pour le
Iundi 28 janvier 2013 (recommandation figurarat au rapport)
5.2 Evaluation des risques cnvironnernentaux presentes par 1'installation de
traitement des eaux usees de Lancaster(recommandation figurant au
rapport)
6. Commentaires presentes par les membres
7. Proclamation
S. Delegations et presentations
9. Audiences publiques
10. Etade des arretes municipaux
10.1 Troisieme lecture de 1'Arrete concernant la contribution pour
I'amelioration des affaires
1Q.2 Troisieme lecturc du projet de modifcation de�'Arret�concernant les
aires de conservatipn du patrimoine de Saint John
10.3 Troisieme lecture du projet de modification de 1'Arrete de zonage
visant le 345, chemin Boars Head (lotissement Cambridge Estates)
10.3.1 Conditions immposccs par 1'article 39—345, chemin Boars Hcad
(lotissement Cambridge Estates}
10.4 Troisieme lecture du projet de modification de I'Arrete de zonage
visant le 8, avenne Rockwood
IQ.4.1 Conditions imposees par 1'article 39— 8, avenue Rockwood
10.5 Troisicme lecture du projet dc modi�cation de 1'Arrete de zonage
visant le 2112,promenade Bayside
10.5.1 Conditions imposces par 1'article 39—2112, promenade Bayside
11. Interventions des membres du conseil
12. Affaires municipaies cvoquees par les fonctionnaires municipaux
13. Rapparts deposes par les comites
13.1 Comite consultahf d'urbanisme : Projet de lotissement visant le 345,
chemin Soars Head {lotissement Cambridge Estates)
13.2 Bureau des commissaires de la police de Saint John : Reponse a une
resolution du conseil concernant les travailleuses du sexe (point
reporte de la seance du 14 janvier 2013)
14. Etude des sujets ecartes des questions soumises �1'approbation du conseil
15. Correspondance gencrale
16. Ordre du jour supplementaire
1b.1 Greffiere communale : Demission de Donnie Snook
16.2 Proces-ver6al de la seance du conseil tenue le 27 d�cembre 2012
26.3 Proces-verbal de la seance du conseil tenue le 2 janvier 2013
16.4 Ambulance Nouveau-Brunswick—Demonstration de reanimation
cardio-respiratoire avec campressions thoraciques seulement
16.5 Directeur general ; Rapport sur Ies resolutions pouvant faire 1'objet
de mesures de suivi
16.6 Directeur gen�raI : Entente mutucUe de non-divulgation entre la
municipalite et C1earRisk
1b.7 Resolutions pouvant faire 1'objet de mesures de sui�vi—jusqu'a la
reunion du conseil du 14 janvier 2013
16.$ Commissaire aux finances : Sudget dc fanctionnement de 2013 du
reseau d'aqueduc et d'egouts
16.9 Directeur general ; Quai Fundy—Phase 3, Environnement
16.10 Directeur general : ESAUCHE du budget d'immiobilisafions du fonds
d'administration de 2013
17. Comite plenier
17.1 Cornite plenier : Pro,jet de modifcation de 1'arrete sur la plomberie
18. Levee de la seance
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COMMITTEE OF THE WHOLE �
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January 15, 2013 r `�'- �
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Th�G'rty�aF Saint]ahn
His Worship Mayor Mel Norton
and Members of Common Council
Your Worship and Members of Council:
SUBJECT: CHANGES TO COUNCIL MEETING SCHEDULE FQR MONDAY
JANUARY 28TH,2013
In Decembcr 2012 thc City of Saint John received the distinction of 2012 Community
Recognition Award recipient for its Municipal Energy Efficiency Program (MEEP):From 5:00
PM to b:00 PM on Monday January 28�', 2013, the City of Saint John will he hosting a ceremony
in conjunction with the Department of Environment and Local Governmcnt to celebrate the
City's designation. The timing of the ceremony will require minor changes to the Council
meeting schedule for 7anuary 28t", 2013.
RECOMMENDATIONS
Staff recommends�hat Common Council:
1. Meet in Comznittee of the Whole from 4:00 PM — 5:00 PM on Monday January 2$�',
2013, and subsequently start the Common Council meeting at f�:00 PM.
Respectfully Submitted,
. 1
7 trick Woods, CGA
City Manager
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January 15, 2013 ""• 'y
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His Worship Mayor Mel Norton
and Mernbcrs of Comrr►on Council
Your Worship and Members of Council:
SiJBJECT: Lancaster Wastewater Treatarent Facility Environmental Risk Assessment
BACKGROUND
The New Brunswick Dcpartment of Environment and Local Government advised The City of
Saint John of its obligation to complete an Environrnental Risk Assessment for the Lancaster
Wastewater Treatment Facility by December 31�, 2014. Included in the Environmental Risk
Assessment is an effluent characterization to be completed over a one year period. This work is
followed by analysis and reporting,both of which rec�uire specialized services of experienccd
consulting engineers.
The recently adopted Canada-wide Strategy for the Management of Municipal Wastewater
Effluent requires a site-specific Environmen.tal Risk Assessment be performcd for all municipal
wastewater effluent discharging to surface water. Thc site specific Environmental Risk
Assessment is critical in establishing effluent discharge objectives for each facility to protect
hurnan health and the receiving environment.
The 2013 Water and Seweragc Utilzty Fund Operating Budget includes funding for the
Environmental Risk Assessrnent.
INPUT FROM OTI3ER SOURCES
Materials Management facilitated the RFP process to solicit proposals from the marketplace for
consulting engineering services for this project. As such a Request for Proposal (RFP) closed on
December 13, 2012 with responses from the following consultants:
i' CBCL Lirnited, Saint John, NB
i� Stantec Consulting Ltd., Saint John,NB
i� Crandall Engineering Ltd., Saint Jok�,NB
i' Hatch Mott MacDonald, Rothesay, NB
i� Dillon Consulting Limited, Saint John, NB
i� EXP Servzces Inc., Saint John, NB
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January 15, 2013
Page 2
INPT_IT FROM OTHER SOURCES CONT'D
A review committee was formed to evaluate submissions and recommend a consultant. The
committce consisted of staff from Matcrials Management and Saint John Water.
The committee was tasked witl�the role of reviewing each submission against the proposal
evaluation criteria as defined in the proposal call document. These criteria consisted of the
following:
i> Quality and Completeness
i> Consultani's Experience
r> Experience of Employees/ Suh-consultants
y Methodology
i> Added Value
i> Price
In accordance with the City's policies and procedures, separate assessments of ihe technical and
financial aspects of the submissions were undertaken by the evaluation committee members.
At the conclusion of the techn.ical and financial evaluations, the comrr�ittee unaiunzously
recornmended the proposal submitted by CBCL. While their bid not only scored the highest
overall, their financial proposal represents the lowest cost solution to thc City of Saint John.
The above process is in accordance with the City's Procurement Yolicy and Materials
Managcmcnt support the recommendatian being put forth.
ANALYSIS
Sfiaff is of the opinion that the low bid consultant has the neccssary resourccs and expertise to
perform the work, and recommend acceptance of their tender.
FINANCIAL IMPLICAT�UNS
The proposed cost of the work from CBCL Limited is $28,640,Q0 plus HST. This funding was
included in the 2013 Water and Sewerage Utility Funa Operating Budget.
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January 1 S, 2013
Page 3
RECONIMENDATION
It is recommendcd that the proposal from CBCL Limited for consulting engineering services for
the Lancaster Wastewater Treatment Facilify Environmental Risk Assessment in the amount of
$28,640.00 plus HST be accepted and that the Mayor and Common Clerk be authorized to
exccute the appropriate documentation in that regard.
Respectfully submitted,
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Kendali Mason, P. Eng., PMP
Deputy Commissioner,
Saint John Water
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Wm. Edwards, P. Eng. '�
Commissioner, J trick Woods, CGA
Transportation &Environment City Manager
4
A LAW TO AMEND ARRETE MODIFIANT
BY-LAW NUMBER BIA-2 ARRETE N°BIA-2
BUSINESS IMPROVEMENT LEVY BY-LAW ARRETE CONCERNANT LA
CONTRIBUTION POUR L'AMELIORATION
DES AFFAIRES
Be it enacted by the Common Council of the City Le conseil communal de The City of Saint John
of Saint John as follows: decrete ce qui suit :
The Business Improvement Levy By-law L'arrete concernant la contribution pour
of The City of Saint John enacted on the third day 1'amelioration des affaires de The City of Saint
of January, 2006, is amended by: John decrete le 3 janvier 2006 est modifie par :
1 Repealing section 2 thereof and inserting 1 1'abrogation de 1'article 2 aux presentes et
the following: 1'ajout du texte qui suit :
2 A levy of 16 cents for each one hundred 2 Par la presente, une contribution de
dollars of assessed value is hereby imposed far 16 cents par tranche de cent dollars par rapport a la
2013 upon non-residential property within the valeur fixee est imposee pour 1'annee 2013 sur les
Business Improvement Area established by By-law immeubles non residentiels situes a 1'interieur de la
No. BIA-1 Business Improvement Area By-law zone d'amelioration des affaires etablie en vertu de
enacted on the 5`"day of January, 2004. 1'Arrete n°BIA-1 relatif a la zone d'amelioration
des affaires edicte le 5 janvier 2004.
IN WITNESS WHEREOF The City of Saint John EN FOI DE QUOI, The Ciry of Saint John a fait
has caused the Common Seal of the said City to be apposer son sceau communal sur le present arrete le
affixed to this by-law the day of ,A.D. 2013 2013, avec les signatures suivantes :
and signed by:
Mayor/maire
Common Clerk/Greffier coinmunal
First Reading -January 7,2013 Premiere lecture -le 7 janvier 2013
Second Reading -January 7, 2013 Deuxieme lecture - le 7 janvier 2013
Third Reading - Troisieme lecture -
5
BY-LAW NUMBER HC-1-2 ARRETE N°HGl-2
A LAW TO AMEND ARRETE MODIFIANT L'ARRETE
THE SAINT JOHN HERITAGE CONCERNANT LES AIRES DE
CONSERVATION AREAS BY-LAW CONSERVATION DU PATRIMOINE
DE SAINT JOHN
Be it enacted by The City of Saint Lors d'une reunion du conseil
John in Common Council convened, as communal, The City of Saint John a
follows: decrete ce qui suit :
The Saint John Heritage L'arrete concernant les aires de
Conservation Areas By-law, enacted on the conservation du patrimoine de Saint John,
ninth day of October, A.D. 2007, is decrete le neuf (9) octobre 2007, est
amended by: modifie par :
1 Amending Schedule "D", Douglas 1 La modification de 1'annexe «D»,
Avenue Heritage Conservation Area, by Aire de conseroation du patrimoine de
removing from the heritage conservation 1'avenue Douglas, par la suppression d'une
area a parcel of land having an area of parcelle de terrain d'une superficie
approximately 200 square metres, d'environ 200 metres carres, comprenant
including buildings and structures thereon, les batiments et les constructions la-dessus,
located at 12-14 Bentley Street, also situee au ll-14, rue Bentley, et portant le
identified as being PID No. 00372961. NID 00372961.
IN WITNESS WHEREOF The City of EN FOI DE QUOI, The City of Saint John
Saint John has caused the Corporate a fait apposer son sceau coinmunal sur le
Common Seal of the said City to be affixed present arrete le 2013,
to this by-law the * day of *, A.D. 2013 avec les signatures suivantes :
and signed by:
Mayor/Maire
Common Clerk/Greffiere communale
First Reading -January 7, 2013 Premiere lecture -le 7 janvier 2013
Second Reading -January 7, 2013 Deuxieme lecture -le 7 janvier 2013
Third Reading - Troisieme lecture -
6
BY-LAW NUMBER C.P. 110-206 ARRETE N° C.P. 110-206
A LAW TO AMEND ARRETE MODIFIANT L'ARRETE
THE ZONING BY-LAW SUR LE ZONAGE DE THE CITY OF
OF THE CITY OF SAINT JOHN SAINT JOHN
Be it enacted by The City of Saint Lors d'une reunion du conseil
John in Common Council convened, as communal, The City of Saint John a
follows: decrete ce qui suit :
The Zoning By-law of The City of L'arrete sur le zonage de The City
Saint John enacted on the nineteenth day of of Saint John, decrete le dix-neuf (19)
December, A.D. 2005,is amended by: decembre 2005, est modifie par :
1 Amending Schedule "A", the 1 La modification de 1'annexe «A»,
Zoning Map of The City of Saint John, by Plan de zonage de The City of Saint John,
re-zoning a parcel of land with an area of permettant de modifier la designation d'une
approximately 12.56 hectares, located at parcelle de terrain d'une superficie
345 Boars Head Road(Cambridge Estates), d'environ 12.56 hectares, sihiee au 345,
also identified as being a portion of PID chemin Boars Head(Cambridge Estates), et
No. 55203145, from "R-2" One and Two etant aussi une partie du NID 55203145, de
Family Residential, "RS-2" One and Two zone residentielle — habitations
Family Suburban Residential and "TH" unifamiliales et bifamiliales «R-2 », zone
Townhouse to "RM-1" Three Storey residentielle de banlieue — habitations
Multiple Residential unifamiliales et bifamiliales «RS-2 » et
zone de maisons en rangee « TH » a zone
d'edifices a logements multiples de trois
etages «RM-1 »
-all as shown on the plan attached hereto -toutes les modifications sont indiquees sur
and forming part of this by-law. le plan ci joint et font partie du present
arrete.
IN WITNESS WHEREOF The City of EN FOI DE QUOI, The City of Saint John
Saint John has caused the Corporate a fait apposer son sceau communal sur le
Common Seal of the said City to be affixed present arrete le 2013,
to this by-law the * day of *, A.D. 2013 avec les signatures suivantes :
and signed by:
Mayor/Maire
Common Clerk/Greffiere communal
First Reading -January 7, 2013 Premiere lecture -le 7 janvier 2013
Second Reading -January 7, 2013 Deuxieme lecture -le 7 janvier 2013
Third Reading - Troisieme lecture -
7
GROWTH & DEVELOPMENT SERVICES /
SERVICES DE DEVELOPPEMENT ET DE CROISSANCE
REZONING / REZONAGE
Amending Schedule "A" of the Zoning By-Law of The City of Saint John
Modifiant Annexe «A» de I'Arrete de zonage de The City of Saint John
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FROM / DE TO / A
R-2
One And Two Family Residential / �
zone residentielle-habitations unifamiliales et bifamiliales
RS-2 RM-1
One And Two Family Surburban Residential / � Three Storey Residential /
zone residentielle de banlieue-habitations unifamiliales zone d'edifices a logements
et bifamiliales multiples de trois etages
TH -
Townhouse /zone de maisons en rangee
Pursuant to a Resolution under Section 39 of the Community Planning Act
� Conformement a une resolution adoptee par le conseil municipal en vertu
de I'article 39 de la Loi sur I'urbanisme
Applicant: Hughes Surveys & Consultants Inc.
Location: 345 chemin Boars Head Road
PID(s)/NIP(s): Portion of/de 55203145
Considered by P.A.C./considere par le C.C.U.: December 11 decembre, 2012.
Enacted by Council/Approuve par le Conseil:
Filed in Registry Office/Enregistre le:
By-Law#/Arrete #
Drawn By/Creee Par: David Couture Da�e Drawn/Carte Creee: January 11 janvier, 2013.
Section 39 Conditions
345 Boars Head Road (Cambridge Estates)
Pursuant to the provisions of Section 39 of the Community Planning Act, the proposed development of
the parcel of land with an area of approximately 12.56 hectares, located at 345 Boars Head Road
(Cambridge Estates), also identified as part of PID Number 55203145, be subject to the following
conditions:
a. Any development of the site or portion thereof be in accordance with a detailed site plan(s) and
building elevations,to be prepared by the proponent and subject to the approval of the Development
Officer, indicating the location of all buildings, structures, parking areas, driveways, loading areas, signs,
exterior lighting, outdoor storage areas, landscaped areas, other site features and all relevant site
statistics including coverage;
b. Any development of the site or portion thereof be in accordance with a detailed landscaping plan(s),
to be prepared by the proponent and subject to the approval of the Development Officer, indicating the
location of all proposed landscaping features on the site;
c. That the approved plans mentioned in conditions (a) and (b) above must be attached to the
application for a building permit for the development and that no permits, other than site preparation
permits, be issued until the Development Officer has approved the plans;
d.The developer provide an engineering water and sewer analysis determining the impact of the
development on the existing infrastructure, and a detailed engineering servicing plan for the approval of
the Chief City Engineer or their designate;
e.The developer provides adequate site drainage facilities in accordance with a detailed drainage plan/
report, prepared by the developer and subject to the approval of the Chief City Engineer or their
designate.This report must also determine the impact this development will have on the existing storm
sewer infrastructure and also to ensure that this proposal does not exceed the current capacity of the
existing storm system;
f.That any costs to extend or improve off-site infrastructure to serve the development be completed at
the developer's expense;
g. The developer must provide all utilities underground, including power and telephone, as per the
standards in the Subdivision Bylaw;
h. All site improvements shown on the approved plans for the development, except for landscaping,
must be completed prior to occupancy of any building, and the landscaping must be completed within
one year of the building permit approval.
i. Construction vehicles serving the proposed subdivision shall not be permitted to use Leeds Crescent or
Grantham Road.
j. Development of the site shall be limited to the Phase 1 area shown on the submitted tentative plan
until such time as Cambridge Drive is fully built and connected to the proposed public street in Phase 1
of this subdivision.
9
BY-LAW NUMBER C.P. 110-207 ARRETE N° C.P. 110-207
A LAW TO AMEND ARRETE MODIFIANT L'ARRETE
THE ZONING BY-LAW SUR LE ZONAGE DE THE CITY OF
OF THE CITY OF SAINT JOHN SAINT JOHN
Be it enacted by The City of Saint Lors d'une reunion du conseil
John in Common Council convened, as communal, The City of Saint John a
follows: decrete ce qui suit :
The Zoning By-law of The City of L'arrete sur le zonage de The City
Saint John enacted on the nineteenth day of of Saint John, decrete le dix-neuf (19)
December, A.D. 2005,is amended by: decembre 2005, est modifie par :
1 Amending Schedule "A", the 1 La modification de 1'annexe «A»,
Zoning Map of The City of Saint John, by Plan de zonage de The City of Saint John,
re-zoning a parcel of land having an area of permettant de modifier la designation pour
approximately 930 square metres, located une parcelle de terrain d'une superficie
at 8 Rockwood Avenue, also identified as d'environ 930 metres carres, situee au 8,
being PID Nos. 55037535, 00306928, avenue Rockwood, et portant les NID
00309344 and 55037543, from "R-2" One 55037535, 00306928, 00309344 et
and Two Family Residential to "I-1" Light 55037543, de zone residentielle —
Industrial habitations unifamiliales et bifamiliales
«R-2» a zone d'industrie legere «I-1»
- all as shown on the plan attached hereto -toutes les modifications sont indiquees sur
and forming part of this by-law. le plan ci joint et font partie du present
arrete.
IN WITNESS WHEREOF The City of EN FOI DE QUOI, The City of Saint John
Saint John has caused the Corporate a fait apposer son sceau communal sur le
Common Seal of the said City to be affixed present arrete le 2013,
to this by-law the * day of *, A.D. 2013 avec les signatures suivantes :
and signed by:
Mayor/Maire
Common Clerk/Greffiere communale
First Reading -January 7, 2013 Premiere lecture -le 7 janvier 2013
Second Reading -January 7, 2013 Deuxieme lecture -le 7 janvier 2013
Third Reading - Troisieme lecture -
10
GROWTH & DEVELOPMENT SERVICES /
SERVICES DE DEVELOPPEMENT ET DE CROISSANCE
REZONING / REZONAGE
Amending Schedule "A" of the Zoning By-Law of The City of Saint John
Modifiant Annexe «A» de I'Arrete de zonage de The City of Saint John
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FROM / DE TO / A
R-2 I-1
One And Two Family Residential / - Light Industrial /
zone residentielle-habitations zone industrie legere
unifamiliales et bifamiliales
Pursuant to a Resolution under Section 39 of the Community Planning Act
� Conformement a une resolution adoptee par le conseil municipal en vertu
de I'article 39 de la Loi sur I'urbanisme
Applicant: Haldor (1972) Ltd.
Location: 8 avenue Rockwood Avenue
PID(s)/NIP(s): 55037535, 00306928, 00309344, & 55037543
Considered by P.A.C./considere par le C.C.U.: December 11 decembre, 2012.
Enacted by Council/Approuve par le Conseil:
Filed in Registry Office/Enregistre le:
By-Law#/Arrete #
Drawn By/Creee Par: David Couture D�t,ie Drawn/Carte Creee: January 11 janvier, 2013.
Section 39 Conditions
8 Rockwood Avenue
That pursuant to the provisions of Section 39 of the Community Planning Act, the proposed
development of the parcel of land with an area of approximately 930 square metres, located at 8
Rockwood Avenue, also identified as being PID Nos. 55037535, 00306928,00309344 and 55037543, be
subject to the following conditions:
a.The use of the subject site be limited to a surface parking area to be developed and used in
conjunction with an adjacent car sales lot;
b.There shall not be any vehicular access onto Rockwood Avenue from the subject site;
c. The Developer must install a vinyl covered chain link fence with a minimum height of 1.8 metres along
the southeastern portion of the subject site adjoining an undeveloped fire lane, supplemented by a
berm on the residential side of the fence, which shall be sodded and planted with trees that are spaced
in a manner that totally blocks the Oakland Street residents' view of the fence,the berm and trees
having a minimum combined height of 3 metres, all in accordance with a detailed landscaping plan to be
prepared by the applicant and subject to the approval of the Development Officer;
d. Required landscaping must be extended onto the Rockwood Street right-of-way to the edge of the
street curb;
e.The Developer must replace the existing dropped curb adjoining the subject site on Rockwood Avenue
with full height concrete barrier curb; and
f. All site improvements, including landscaping onto the Rockwood Avenue right-of-way, shown on the
approved site and drainage plans must be completed within one year from the date the required
building permit is issued by the City for this development.
12
BY-LAW NUMBER C.P. 110-209 ARRETE N° C.P. 110-209
A LAW TO AMEND ARRETE MODIFIANT L'ARRETE
THE ZONING BY-LAW SUR LE ZONAGE DE THE CITY OF
OF THE CITY OF SAINT JOHN SAINT JOHN
Be it enacted by The City of Saint Lors d'une reunion du conseil
John in Common Council convened, as communal, The City of Saint John a
follows: decrete ce qui suit :
The Zoning By-law of The City of L'arrete sur le zonage de The City
Saint John enacted on the nineteenth day of of Saint John, decrete le dix-neuf (19)
December, A.D. 2005,is amended by: decembre 2005, est modifie par :
1 Amending Schedule "A", the 1 La modification de 1'annexe «A»,
Zoning Map of The City of Saint John, by Plan de zonage de The City of Saint John,
re-zoning a parcel of land with an area of permettant de modifier la designation d'une
approximately 13.7 hectares, located at parcelle de terrain d'une superficie
2112 Bayside Drive, also identified as d'environ 13.7 hectares, situee au 2112,
being a portion of PID No. 00467506, from promenade Bayside, et etant aussi une
"RF" Rural and "RS-2" One and Two partie du NID 00467506, de zone rurale
Family Suburban Residential to "PQ" Pits «RF » et zone residentielle de banlieue —
and Quarries habitations unifamiliales et bifamiliales
«RS-2 »a zone de carrieres «PQ »
-all as shown on the plan attached hereto -toutes les modifications sont indiquees sur
and forming part of this by-law. le plan ci joint et font partie du present
arrete.
IN WITNESS WHEREOF The City of EN FOI DE QUOI, The City of Saint John
Saint John has caused the Corporate a fait apposer son sceau communal sur le
Common Seal of the said City to be affixed present arrete 1e 2013,
to this by-law the * day of *, A.D. 2013 avec les signatures suivantes :
and signed by:
Mayor/Maire
Common Clerk/Greffiere communal
First Reading -January 7, 2013 Premiere lecture -le 7 janvier, 2013
Second Reading -January 7, 2013 Deuxieme lecture -le 7 janvier, 2013
Third Reading - Troisieme lecture -
13
GROWTH & DEVELOPMENT SERVICES /
SERVICES DE DEVELOPPEMENT ET DE CROISSANCE
REZONING / REZONAGE
Amending Schedule "A" of the Zoning By-Law of The City of Saint John
Modifiant Annexe «A» de I'Arrete de zonage de The City of Saint John
�
�`���d.
e
G�`� bro
hi,e
a S%a
QO
�
� ��
FROM / DE TO / A
RF
Rural / zone rurale �
PQ
RS-2 Pits and Quarries /
One And Two Family Surburban Residential / � zone de carrieres
zone residentielle de banlieue-habitations
unifamiliales et bifamiliales
Pursuant to a Resolution under Section 39 of the Community Planning Act
� Conformement a une resolution adoptee par le conseil municipal en vertu
de I'article 39 de la Loi sur I'urbanisme
Applicant: Hughes Surveys & Consultants Inc. (for Barsa Ventures Ltd.)
Location: 2112 promenade Bayside Drive
PID(s)/NIP(s): Portion of/de 00467506
Considered by P.A.C./considere par le C.C.U.: December 11 decembre, 2012.
Enacted by Council/Approuve par le Conseil:
Filed in Registry Office/Enregistre le:
By-Law#/Arrete #
Drawn By/Creee Par: David Couture D�t� Drawn/Carte Creee: January 11 janvier, 2013.
Section 39 Conditions
2112 Bayside Drive
That pursuant to the provisions of Section 39 of the Community Planning Act, the use of a parcel of land
with an area of approximately 13.7 hectares, located at 2112 Bayside Drive, also identified as being a
portion of PID Number 00467506 for a pit or quarry be subject to the following conditions:
a.The disturbed area of the site is restricted to a maximum of 4 hectares at all times and all other areas
of the site, except for the access driveway,shall remain undisturbed (including retention of existing tree
cover) or shall be fully rehabilitated (including revegetation of the excavated area).
b. In addition to the requirements contained in Section 680(10)(d) of the Zoning By-Law, the elevation of
the excavation shall be no greater than 10 meters below the existing elevation of the site and at no
point should the excavation be deeper than 60 metres above sea level.
c. The applicant shall provide existing topographical data to the satisfaction of the Development Officer
prior to undertaking the development.
d.Trucks and equipment, not being utilised as part of the active excavation of the site, shall not be
stored on the site.
e.The days of operation for the said pit and quarry be limited to Monday to Friday.
f. In addition to the requirements contained in Section 680(4)(j) of the Zoning By-Law, a storm water
study and hydrology plan be prepared by the applicant and subject to the approval of the City's Chief
Engineer or his designate.
15
� PIanning P.O. Box 1971 506 658-2800
�� ' '` Advisory Committee Saint John
New Brunswick
Canada E2L 4L1
December 12, 2Q12 "
� ;:
^� ..
�
—�
Your Worship and Councillors: °`"'�L.� 5 ` `�5"��y
�
City of SainC ]ohn
SUBJECT: Proposed Subdivision
345 Boars Head Road (Cambridge Estates}
On December 3, 2012 Common Council referred the abave matter to the Planning
Advisory Coiiunittee for a report and recommendation. The Committee
considered the attached report at its December 11, 2012 meeting.
It shonld be noted that the Committees recommendation with resp�ct to the
rezoning of the property was the subject of a separate letter from the Committee
to Council.
"I'he applicant, Rick Turner, was present. He indicated to the Committee that he
had received the staf�F report and was in agreement with the staff recommendation.
No meznbers of the public attended the meeting to speak in favour or in
opposition to the application. A total of six letters were received and all were in
favour of the development proposal. Copies of these letters are attached for
Council's information.
After considering the report,presenta.tion and ietters,the Committee adopted the
staff recommendation with respect to the proposed subdivision.
RECOMMENDATION:
1. That Common Council:
a, assent to one or�nore subdivision plans, in one or more phases, in
general accordance with the submitted Tentative Plan Cambridge
Estates Subdivision, Multi Unit Development, Phase 1, City of Saint
John, c�ated November 2Q, 2U12, located at 345 Boars Head Road (part
of Y1D 55203145), with respect to the vesting of the proposed public
streets and any required municipal services easements and public
utility easements, subject to the following modifcations:
i. Removal of the proposed block of Land for Public Purposes.
16 �■
-2-
b. authorize the preparation and exccution of one or more City/Developer
Subdivision Agreements to ensure the provision of the required work
and facilities, including tcmporary turnaround for the new public street
and detailed engineering and drainage plans for the approval of the
Chief City Enginecr or their designate; and
c. Land for Public Purposes in the arnount of 2,561 square metres be
aecepted from the existing credit.
2. That the Planning Advisory Committee:
a. Defer naming the proposed public street until a suitable name is
decided upon, or there is a change to the subdivision plan that
would see the proposed road connected to the existing Cambridge
Drive.
Respectfally submitted,
�
Eric Falkjar
Chairman
FS
Project No.12-305
17
�
��;;�..
� :;,
����'�;;�
'i'he city o€Saint John
DATE: DECEMBER 7, 2012
TO: PL�INNING ADVISORY COMMITTEE
FROM: COMMUNITY PLANNING PLANNING AND DEVELOPMENI'
FOR: MEETING OF DECEMBER 11, 2012
PREPAR�D BY: REVIEWED BY:
/ '��` / - —����� ,__ _
Stacey o , crn,RPP Ken Forrest, MCIP, RPP
PIanner Coinmissioner
SUBJECT:
Name of Applicant: Hughes Surveys & Consultants Inc
Name of Owncr: Barsa Ventures Ltd.
Location: 345 Boars Head Road (Cambridge Fstates)
PID: Part of PID 55203145
Municipal Plan: Stable Residential
Zoning: Existin�: "TH"Townhouse, "R-2" One and Two Family
Residential, and "RS-2" �ne and Two Fa.mily Suburban
Residential
Pro osed: ",RM--1" Three Storey Multiple Residentiai
Proposal: To rezone the subject site"RM-1"Three Storey Multiple
Residential and subdivide a portion of the site to permit 11 lots for
multi-unit buildings.
Type of Application: Rezoning and Subdivision
���°f�� -
��
5�11 N"I' IOI 1 n� P.O. 3ox 1971 :S�t,-;t J�I�n, nJB i��ndd� E�L 411i8 - 'Ic-i�i�.ca C f? t 17 i ;aint�n�ar�,P°!.-�.�ari����r E�L<.��
Hughes Surveys&Consultants Inc. (Cambridgc Estates) Page 2
345 Boars Head Raad(Carnbridge Avenue�,xtension} December 7,2U12
JURISDICTION OF COMMITTEE:
The Community Planning Act authori�es the Planning Advisory Committee to give its vicws to Common
Council concerning proposed amendments to the Zoning Bylaw. Common Council will consider the
Comrnittee's recommendation ai a public hearing on Monday, January 7, 2013.
The Community-Planning Act authorizes the Planning Advisory Cornmittee to advise Common Council
concerning the vesting of public streets and land for public purposes in conjunction witi�the subdivision
of land.
The Subdivision By-law authorizes the Committee to approve street names in conjunction with new
subdivisions.
�
STAFF R�COMMENllAT10N TO COMMITTEE:
]. That Common Council re�one a parcel of land having an area of approximately l 2.56 hectares,
located at 345 Boars Head Road {Caynbridge Estates}, also identified as part of PID Numbcr
55203145, from ""1'H" "1'ownhousc, "R-2" One and T�o Farnily Residential, and "RS-2" Oa�e and
Two Family Suburban Residential to "RM-1" Three Storey Multiple Residential,
2. Tliat, pursuant to the provisions of Section 39 of the Co�n�nunity Pla�zr�i�zg Act, the proposed
dcvelopment of the parcel of land with an area of approxiznately 12.56 hectares, located at 345
Boars Head Road {Cambridge Estates), also identified as part of PID Number 55203145, be
subject to tk�e following conditions:
a. 1�ny devclopment c�f the site or portion thereof be in accordance with a detailed site
pian{s) and building elevations, to be prepared by thc proponent and subject to the
approval of the De�-elopment Officer, indicating the location of all buildings, structures,
parking arcas, driveways, loading areas, signs, exterior lighting, outdoor storage areas,
landseaped areas, other site features and all relevant site statistics including coverage;
b. Any developmcnt of thc site or portion thereof be in accordance with a detailed
landscaping plan{s}, to be preparcd by the proponent and subject to the approval of the
Developinent �fficer, indicating the l�cation of all proposed landscaping feat►ires on the
site;
c. That the approved plans mentioned in conditions (a) and (E�) above must be attached to the
application for a building permit for the development and that no permits, other than site
preparation permits,be issued until thc Development Officer has approved Ehe plans;
d. The developer provide an engineering water and sewer analysis determining the impact of
the developrnent on the cxisting infrastructure, and a detailed engineering scrvicing plan
for the approval of the Chief City Engi��r ox their designate;
Hughes Surveys&Consultants Ine. {Cambridge Estates) Page 3
345 Boars Head Road(Cambridge Avenue Extension} December 7, 2012
e. The developer pro��ides adequate site drainage facilities in accordance with a detailed
drainage plan /repart, prepared by the developer and subject to the approval of the Chief
City Engineer or their designate_ This report rnust also determine the impact this
develo�ment will have on the existing storm sewer infrastructure and also Yo ensurc that
this proposal does not cxceed the current capacity of the exzsting storm system;
f. That any costs to extend or improve off-site infrastructure to serve the devclopment be
completed at the developer's expense;
g. The developer must providc all utilities underground, including power and telephone, as
per the standards in thc Su�division Bylaw;
h. All srte irnprovements shown on ihe approved plans for the dcvelopinent, except for
landscaping, must be complcted prior to occupancy of any building, and the landscaping
naust be completed within one year of lhe building permit approval.
i. Construciion vehicles serving the proposed sabdivision shall not be permitted to use Lceds
Crescent ar Grantham Road.
j. De��elopment of thc site shall be limited to the Phase l area shown on the submi#ted
tcntativc plan until such tixz�e as Cambridge Drive is fully built and connccted to the
propased public street in Yhase 1 of this subdivision.
3. That Common Council:
a. assent to one or more subdivision plans, in one or more phases, in general accordance
with the submittcd Tentative Plan Cambridge Estates Subdivision, Multi Unit
Dcvcloprnent, Phase 1, City of Sarnt John, dated November 20, 2012, located�at 345
Baars Head Road {part of PID 55203145), with respect to ihe vesting of the proposed
public streets and any rcquired municipal services eascments and public utilily
easements, subject to the following modifications:
i. Removal of the proposed block of Land for Public Purposes.
b. authorize the preparation and execution of one or more City/DeveIoper Subdivision
Agreements to ensure the provision of the required work and facilities, including
temporary turnaround for the new public street and detailed engineering and drainage
plans for the ap�roval of the Chief City Engincer or their designate; and
c. Land for Public Purposcs in the arnount of 2,561 squarc metres be accepted frorn the
existing credit.
4. That the Planning Advisory Committee:
a. Defer naming the proposed public street until a suitable name is decided upon, or there is
a change to the subdivision plan that would see the proposed road connected to the
existing Cambridge Drive. 20
Hughes Sun•eys &Cons�ltants Inc. (Cambridge Estates) Page 4
345 Boars Head Road(Cambridge Avenue rxtension) December 7,2012
INPUT FROM OTHER SOURCES:
Municipal Operations and Engineering has the following comments on the above rezoning and
subdivision application:
■ An engineering water and sewer analysis musi be completed by thc developer's engineering
consultant and submitted to the City for rcview and approval in order to determine the impact
this development (capacity requirements, peak flows, fire flows; etc.) will have on the existing
water and sewer infrasta-ucture and also to ensure that this proposal docs not excced the current
capacity of the existing systems. lf any upgrades to existing infrastructure are necessary, this wil�
bc a responsibility aftlie developer. Detailed engineering plar�s must be submitted by the
developer's engineering consultant ta the City prior to determining this.
■ There are existing water, sanitary and storm mains on Leeds Crescent. All grades must be
vcrified by developer's engineering consultant. A servicing�raposal will necd to be submitted
to the City by the de�•eloper's engineering consultant for review and approval.
■ Detailed enginecring drawings (Water, sanitary, storm and street) must be subrnitted hy the
developer's engineering consultant to the City for revicw and approval.
■ Without any detaileci information provided at this tirz�e, for instance, clevations, grades, usage
dcmands, firc flow requirements, ctc., a morc detailed revicw of the project will be required by
the City once the required information is provided from the developer's engineering consultant.
■ "I�he developer's cngineering consultant xnust provide a detailed storm water management
plan/report indicating how storm water will be managed. The co�zceptual storm water
manage�nent submissio�� provided with the application, dated No�-ember 2, 2102, is as it states,
concept�al and therefore incoinplete. More detailed information� including sub-catchment areas,
flow directions, calculations, model results, etc. are required for review befare detailed
commenis can be provided by the City.
■ The Co��ceptual Slorrn T�T�ater Ma»ugement subnaission (pr�ovided by�l�e developer's eraginee�-ing
consulta��t) states that storrn water ranoff is draining into two differenf sub-catchment areas, one
towards the east (Baars Head Road) and one to the west (Conifer Crescent}. The conceptual
report also states that there will be rc-grading so that a portion of the pre-develo}�ment stonn
watcr flow thal originally was naturally direcied east will in turn be redirected to the west after
de�elopment; this is not in-linc wiih profcssionat advice pro�-ided by the City's engineering
consultant.
■ Tn 2013, the City is proposing to design and construct a stornn water detention pond along Boars
Head Road for the purposes of attenuating existing flows (for the Brentwood drainage basin) and
reducing the flood risk on Woodward Avenue.
• In 2014, the City is proposing to design and construct a storm waler detention pond in the
Conifer Cresccnt area for the purposes of attenuating existing flows and reducing flood risk on
Conifer Crescent.
■ Duc to the topography and elevations of the sitc, street design grades must be minimized to meet
the City's requirements for acceptable street design.
21
Hughes Surveys&Consuitants Inc. (Cambridge Estates} Page 5
34� Boars Head Road(Cambridge Avenue Extension) December 7, 2012
Buildings and Inspcction Services has no issues with the proposal at this time.
Saint John Fire llepartment has no objection to t�is application provided that the 2012 National
Building Code & National Fire Codes are adhered to and that the plans are submitted to the Dcpartment
of Public Safety Building and Technical Inspections Divzsion for review.
Saint John Police Force l�as no issues with the proposal at this time.
Saint John Transit currently offers limited sezvice along Boars Head Road in this area. If this
develapment ever has conncction through to Millidge Avenue, we might have an opportunity to provide
a ser�.•ice through this area with the Millidgeville/North route.
Leisure Services has advised that additional land for pnblic purposes is not requixed at this point in time
in this location. In any event, the land proposed for LPP on the subdivision plan is highly sloped and
unsuitable for public usc.
Real Estate Services has been advised of this application.
Geographic Information Systems (Planning and Development) has advised that if the proposcd street
does not connect to Can�bridge Drive, it will rcquire a unique namc an order to n�cet NR911 guidelines.
Anglophone South Scl�ool llistrict has been ad��ised of this application.
Saint John Energy has been advised of this application.
Belt Aliant has been advised of this application.
Rogers has been advised of this application.
Maritimes & Nor#heast Pipel"rne, Enbr'rdge Gas, and Bi•unswick Pipeline has advised that the area is
all clear.
BACKGROUND:
The subject site is approximately 12.56 hectares and is locatcd in Millidgeville, south of Boars Head
Road and Leeds Crescent. The property is undeveloped and adjacent to new construction on Leeds
Crescent. This property is part of the larger Cambridge Estates projeci t�at has been under consiruction
over the last decade. Several properties in this area have undergone rezoning applications in the Iast
dccade as this residentiai subdivision has moved ahead.
On September 4, 2Q02 the Planning Advisory Comznittee recommended that Cornmon Council rezone
an area approximately 26.5 hectares (65 acre) at 345 Boars Head Road, from "R-IB" One Family
Residential, "R-2" One and Two Family Residential and"RS-2" Onc and Two Family Suburban
Residential to "R-2" One and Two Family Residential and"TH"To�vnhouse. The Planning Advisory
Committee also recommended the developrnent of Phase I of the Cambridge Estates Suhdivision,
crealing 10 serviced residential lots, on a portion of tlY�lot, including the necessary public streets,
Hughes Surveys &Consultants Inc. (Cambridge Estates) Page 6
345 Boars Head Road(Cambridge Avenue Extension) December 7, 2012
services, and easements and recommendec.3 the acceptance of cash-in-lieu of a Land for Public Purposes
dedication for tl�e first phase of the subdivision. Common Council resolved to adopt the Planning
Advisory Committee's recommcndations regarding the rezoning and subdivision of 345 Boars Head
Raad on Septembe�- 16, 2002.
Following this approval, on November 2l, 2003, the Planning Advisory Committee recommended that
Common Counci] rezone three parcels of land having a totai of 9.6 hectare5 (23.7 acres) between Boars
IIead Road and Woodward Avenue from "RS-2" Onc and Two Family �uburban Residential to "R-2"
One and Two Family Residential. In conjunction with the rezoning the Planning Advisory Cammittee
recommended the proposed expansion of Cambridge Estates, creating 90 serviced residential lots,
including thc rcquired public streets, serviccs and easements. The Committee alsa recommended a Land
for Public Purposes dedication of approximately 1.32 hectares (3.2b acres) for both the requested Future
Developznent Area and for#he previously approved Phase 1 area. Once again, Cominon Council
resolved to adopt the Planning Advisory Committee's recommendations regarding ihe rezoning and
cxpansion of Cambridgc Estates Subdi�•ision on December 8, 2003.
On May l6, 200b the Planning Advisory Committee recommended that Common Council rczone a 12
hectare (29.7 acre) parcel of land south of Boars Hcad Road and west of Millidge Avenuc, from "R-2"
One and Two Family Residential to "T�H" Townhouse and "RM-2" High Rise Multiple Residential and
make the necessary amendments to the Municipa] Development Plan and the MillidgcvilIe Secondary
Plan to reflect the change in density and use of the land. The Committec also recommended the
develo�ment of the proposed high density residential area subject to a Section 39 agxeement restricting
the density of dc��clopmcnt, the height of buildings and the requirement for detailed plans to be
approved by Co�nmon Council. Common Council resolved ta adopt the Ylanning Advisory- Committee's
recoxnmene�ations regarding the rezoning and Plan amcndinents on 3une 5, 2006.
Since ihis timc ihere have been concerns raised with respect to flooding in this area and the need to
address this moving forward. City staff mct wiih the devclaper's enginecring consultanl in latc May
2412 to discuss what preli�ninary work the City's engineering consultant had underway for ihe
Millidgeville area, spccifically in regards to storm water detention ponds. This project was necessitated
due to notable flooding eve.nts in recent history, specifically June 200b and September 2008. Resident
infonnation gathered included surface flooding along Conifer Crescent anc� surfacc and basement
floodin� along the areas of Boars Head Road, Cambridge Drive and lower end of Brentwood Crescent.
The City's engineering consuitant noted additional development in the watersheds will increuse run-off
generation aMd peak.flows if development continues as it has in the past. Numerous options were
presented to the City for rcview, which amongst them included: with future development, developers
will be requireci to maintain existing peak llows and there should not be any increase to the cxisting sub-
watersheds and development cannot rcdirect flows from one catchment area to another, i.e. i�ow that
was once directed east (one catchment) cannot be directed west (to another catchment area) as is being
proposed in the developer's engineering consultant's Conceptual Storm Water Managernent subrnission.
In lig�t of this rezoning and subdivision submission, City staff and the developer should again ix►eet to
discuss the most recent preliminary design that the City's engineering consultant has prepared for the
Millidgeville Stormwatex Detention Pond, as there may be opportunity for the deveIoper to incorporate
his design with the City's proposal.
23
Hughes Surveys &Consultazlts Inc. (Cambridge Estates) Page 7
345 Boars Head Road(Cambridge Avenue Extension) December 7, 2012
ANALYSIS:
Subject Site
The subjcct site is approximatcly 12.56 hectares in sizc and is located in Millidge�-ille, south of Baars
Head Road and adjacent to Leeds Crescent. The site is undeveloped with undulating topography that
ranges in elevation between 30 metres to approximately 5�metres in some locations, providing the
potential for views onto the Saint John River. To the east, south and wcst is undeveloped land and to the
north is Leeds Crescent with some new dc�.-elopznent.
Surrounding Area
In general, the area to the south of the proposed subdivision is primarily undevelopcd, as is most of the
property immediately adjacent to it. There is residential de��elopment located to the north of the site
along Boars Head Road and to the north-west in the community of Cedar Point. There is Land for Public
Purposes (LPP) located adjacent ta the site's proposed northern boundary that abuts the existing
development a�ong Leeds Crescent and therc is a block at �he corner of Leeds Crescent and the proposed
Cambridge Drive extension.
Proposed Development
Proposed Rezoning
The applicant nas proposed to rezone the subject site Gom primarily "TH" Townhousc to "RM-1" Three
Storey Multiple Residentia]. The difference in the proposed density from these two zones is considercd
negligible and thus, frorn a planning perspective, is acecptable; the rea] difference from a community
perspective is the proposed built-form. The proposcd �ublic street will be douhle-loaded with a higher-
density residentiai product, maa�imizing thc investment in infrastructurc for this dc��cloprr�ent. Based on
past rezoning applications, this proposa� is generally not out of character with what has been intended
for this area since this subdivision was first envisioned.
Yroposed Subdivision
In conjunction with the proposed rezoning, the applicant i�as also applied to subdivide the northern
portion of the site into 11 lots of varying size. This phase 1 is proposed to accommodate approximately
189 residcntial.units, distributed among eigl�t 1 S-unit buildings, iwo 19-unit buildings, and one 27-unit
building on approximately 3.2 hectares, or approximately 25% o�the site. The tentative concepi�lan has
been provided for illus#rative purposes only, as the ultinnate lay-out and building unit count is to be
determined at the detailed design stage. As part of the applicant's detailed design stage considerations,
staff would urge ihe applicant to review best practices in rnulti-unit building design and the policies in
the Municipal Plan witk� respect to urban design. The concept, as proposed, does not adhere to best
practices for multi-unit site design.
Municipal Plan
The subject site is within the Prirnary Development Area and is designated Stable Residential in thc
Municipal Plan. In general, the Stable Residentiai designation describes lands within the Primary
Development Area which are serviced with municipal services and have the potential to accommodate
additional development, at a scale and dcnsity consistent with the surrounding context. In this instance,
the land in this area was recently rezoned {200b) with the intent to allow a medium-density residential
product, and municipal services have been installcd ifl�axlier phases of this subdivision with the intent
Hughes Surveys&Consultants Inc. (Cambridge Estates) Page 8
345 Boars Head Road (Camhridge Avenue Extension) llecember 7,2012
to allaw future phases of the Cambridge Estates development ta be appropriately serviced. Gi1�en this,
the praposal rneets the intent of the Stable Residential designation as the intended character of this part
of the fi�ture subdivision is not changing in a substantial way.
As part of the proposal, approximately 400 metres of new Public Street will be bui.It. Policy TM-38 in
the Municipal Plan speaks to the need to exarnine applications that propose the development of new
public streets to ensure that the proposed streets are warranted. In this case, future public streets will be
required to access any potential development an this property, as there is no existing public road
infrastructure on-site. The street proposed wilI be double-loaded with a medium-density built-form. The
road network is intended to eventually connect through to adjacent lands in the fufure, increasing the
areas connectivity for existing and future residents. Given this, the proposal gcnerally meets the criteria
for new public streets.
Zoning Bylaw
The applicant proposes to subdividc thc site into 1 l residential lots that v�-ould be zoned "RM-l" Threc
Storey Multiple Residential. At ihis point in time, with the details concerning unit mix and totaI unit
count not f nalized, the proposal can be considered to generally mect the intent of the zone. Once more
detai� becomes available there may be variances that are required to accommodate the final project.
Su�division Bytaw
Generul Luyout
Thc proposcd public street network will essentially create a cul-de-sac frojn Boars Head Road down
Cambridge Dnve, Grantham Road, Leeds Crescent {approximately 6l 5 metres) and then down the
proposed Cambridge Drive {labelled Avcnue nn the tentaiive plan and approxinlately 400 metres in
length). In total, this circuitous route will be approxirnately IO15m long (1.O15km). There are several
c4ncerns with this:
1. There is no secondary access for emergcncy vehicles or evacuation and it will requirc thc
propased street l�ave a different narne, not Cambridge Drive as is intcnded, in order to meet
NB911 standards;
2. It is a circuitous and indirect route to the proposed extension of Carnbridge Drive;
3. The construction route will require the use of the two public residential streets, Grantham Road
and Leeds Crescent, creating a maintenance and liability concern on these City sireets, and
creating a significani nuisance for property owners resulting from construction vehicle noise, and
dart and debris on the roadway; and
4. Without the adjoining roadway linkagc between Cambridge Drive and the praposed exiension of
Cambridge Dri��e,the amount of vehicle#raffic on these two residential streets will increase as
the proposed subdivision is built-out. Leeds Crescent, in particular, is not intcnded to support a
significant increase in the��olume of residcntial traffic over the long term.
Although none of the sh-cets in question are cul-de-sacs in the pure sense of the word, due to the long
�uild-out ti2nes that Saint John expeziences, these roads have a high potential to remain without the
intended future connecting points for the foreseeable future; in effect, operating as a cul-de-sac. And
should the subdivision be abandoned at some point, the City will be responsible for the road network
that has been created.
25
Hughes Surveys &Consultants Tnc. (Ca3nbridge Estates) Page 4
345 Boars Head Road(Cambridge Avenue Extension) December 7, 2012
The prospective salution is to require the developer to build the approximately l 75 metre piece of
missing street to fink the existing Cambridge Dri�•e#o the proposed Cambrzdge Drive prior to
construction of this subdivision and require all construction activity to utilize, what would become,
Cambridge Drive. This wi�l create a loop for emergency vehicic access for residents on Grantham Road
and Leeds Crescent and rernove the canstruction traffic, nuisance concerns, and rnaintenance and
liability conecrns, from these City-owned streets. 7t will also ensure that as units become available in
this proposed subdivision, that residential traffic from this subdivision will not be forced onto Leeds and
Grantham Road but rather will use the main collector, Cambridge Drive, as has been envisioned. This
will also reduce this unintended cul-de-sac length from approximately l O15km to only the proposed
extension of Cambridge Drive, which is approximately 400 metres in length. With future phases of the
subdivision, intended linkages in this road network can be rnade then. Lastly, this will also allow the
proposed strect to rernain as an extension of Cambridgc Drive, and be namcd aca�rdingly. With thc
propased break in the rc}ad, tl�e proposed new subdivision road will require a naxne chan�e to meet
NB911 standards.
In discussions with the applicant, they have indicated to staff that the final layout of this connecting
piece of road is not settled and as such, they do not want to proceed w�ith it at this time.
Recognizing the slow pace of residential development activity in Saint John, the increase in traf�c from
the new subdivision is not anticipated to be immediate. As such, to address the timing conce�-ns
expressed by the applicant, staff are recommending that the linking piece of Cambridge Drive be
required p�ior to any future phases of this subdivision proceeding. This will ensure there is a trigger for
this piece of road to be built and it will ensure the new residential traffic from the subdivision does not
continuc in perpetuity on Lccds Crescent and Grantham Road, but rather is tcmporary and will be re-
routed at the start of the next phase. Staff are also rccoininending that the construction traffic bc required
to use a private access to build the subdivision, which will remove the nuisance concerns for existing
residents as well as the liability and wcar-and-tear on City-owned Grantham Road and Leeds Crescent.
Althaugh the preference is for the connecting piece of road to be built prior to this subdivision
proceeding, staff feel this is a reasonable and fair way to mitigate the concerns raised and proceed with
this proposal. It will still require the proposed street be given a ncw and different nainc from Cambridge
Drive.
Proposed Land fo�Public Purposes
The applicant has proposed Yo dedicate a 5,361mz parcel of lanci at the entrance to the proposed
subdi�ision as Land for Public Purpose (LPP}. The parcel abuts an cxisting piece of LPP at the corner of
Lceds Crescenl and the proposed Cambndge Drive and existing land owned by the City of Saint John to
the west of the site. The applicant has an existing 3,1 b 1 m2 LAP credit from previous land dedications as
part of past subdivision approvals. This application would require 2,561mz of LPP, which, shoulc3 this be
applied will still lcavc thc applicant wiih a remaining credit of 600rn2. Thus, the proposed LPP block is
not required for this phase.
Building on the comments provided by Leisure Services, this proposed block of land is not part of a
largcr plan for recreation in this area, it is not included in thc Parks & Trails master plan for the City,
and the topography is not suitable for public recreational uses. Given this, it is recornmended that the
City accept part of the LPP credit that is currently avaiiable and not accept the proposed 5,361m2 LPP
block.
26
Hughes Surveys&Consultants Inc. (Cambridge Estates) Page 10
345 Boars Head Road(Cambridge Avenue Extension) December 7,2012
Servzcing and Access
The proposed subdivisic�n will be required to be serviccd with municipal watex, sanitary sewer, storm
sewer, underground utilities and paved streets with curb and sidewalk in accordance with the
Subdivision Bylaw servicing standards. If the proposed subdivision is approved, the Subdivision Bylaw
will require the execution of a City/De��eloper Subdivision Agreernent to ensure thc required services
and facilities are provided. Dctailcd engineering plans and design reports, as described in the comments
provided by Municipal Operations and Engineering will be reyuired for thc a�proval of the Chief City
Engineer, with the finalized detailed engineering drawings attached to thc Subdivision Agreemcni.
Municipal Operations and Engineering note the applicant's engincering consultant must provicie a
detailed Storm Water Management Plan and design brief indicating how storm water collection and
disposal will be handled. Vcrification of sanitary sewer capacity and water supply availability and
pressures will also be required. The development may reyuire upgrades to existing infrastructurc by the
developer and detailed engineering plans must be submitted prior to determining this.
Once the proposed new p�blic street is completed, the develaper will also be required to provide a
temporary gavel tum-around at the end of the road, as required by Municipal Operations and
Engineerin�. These requirements will be incorporated into the Subdivision Agrcement that will be
entered into by the City and Developer, should the proposal be approved.
Street Names
The applicant has indicated that the new public street is iniended to be part of the existing Cambridge
Dri�°e however without the adjoining piece of road being huilt at this tiinc the proposed street must ha��e
a different name in order to meet N13911 standards. In order to aIlow ihis proposal fo proceed at this
tirne, staff are recommending that the street name portion of this ap�lication return to the Planning
Adti•isory Cotnmittee v��hen a decision has been made with respect to this section of the road.
CONCLUSION:
The subject site is designated Stable Residential and the proposed dcvelopment will be serviced with
municipal scrvices. Givcn thc receni rezoning to "TI�" Tov4-nhouse in 2046,the inient for developmenl
in this area has been, and remains, a znec�ium density form. With minimal differences in overall density
fro�n "TII" Townhouse to "RM-1" Three Starcy Multiple Residential, the rezoning can be supported.
The subdivision, as propased, can be supported with the inclusion of the proposed section 39 conditions
and amendment to the LPP. These changes will mitigate the impacts from construction and ensure that
additionaI traffic from the new subdivision will be temporary. With the proposed moditications,this
appiication for rczoning and subdivision is supported by staff.
SF
P�nject No. 12-3Q5
27
PLANNING AND DEVELOPMENT 1 URBANISIVIE ET DEVELOPPEMENT
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Subject Site/site en question: 55203145
Location: 345, chemin Boars Head Raad
Date: November 21, novembre 20'f2
Scale/echefie: Not to scale/Pas a l'echelle
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5usan Isaacs-Lubin, BA, LLB
l2 Grantham Road
Saint Joh n, New Btunswick
Ganada E2K OB9
G �DEv
. � o�
�
�' N �
ov a r z��2 y
November 5, 2010 �
� �Planning&Development Depatfinent �
Cit�y of Saint John ��SqINT 1
1 Q` Flaor, i 5 Market Square
P_O. Box 1971
E2L 4L 1
Dear Sirs:
1 am writing this Ietter as a show of agreement and support for a development that Barsa
Developments is considering.
1 understand that Barsa llevejopments has applied for zoning to build a high density multi-unit
building in Cambridge Estates, at the end of Leeds Crescent. I first rnet Kema] Debly when I
purcnased a garden home fram him four and a half years ago. I was impressed with ihe
devclopment in Cambridge N statcs and with thc way Mr. Dcbly was buzlding- cnsuring that the
site was always as clean as possible; and landscaping each homc as it was finished. The quality
af building is excellent. I have a common wall and I have nevez-heard no�se from rxay
neighbours_
l believe that the developmeni Mr. Debly would Iike to build would enhance this neighbourhood
and shoujd be perinitted to go ahead.
Sincerely,
��. 1..��
Susan isaacs-Lubin
Cc: His Worship Mayor Mel Norton
Mr. Rick Turner, Hughes Surveys
34
s
n�a�. z�, 2012
Planning Advisary Committee, �� gj,DEjr�,
City of Saint John, �lanning& Devefopment, ,�'ti L��
P_O_ Box 1971, � �
Saint John, NB, E2L 4L1 �` �OV � fl Z�j� "'
C�f
Re: Proposed Zoning By-Law Amendment ���� ,� ��
� ����
3/�5 Boars Head Road (Cambridge Estates)
Comments submitted by: David & Connie Price, 29 Grantham Road, Cambridge Estates.
As property owners it� the Cambridge Estates sub-division, we wouid like to offer our support in
#avour af the above zoning by-law amendrrzent. We beiieve this to be a pasitive addition to our
sub-clivision and ta the city. We have had the apportunity to walk the area under consideration
and with tt�e hausing planned byt�e devefaper; we believe it wi11 become a very desirable
housing location.
As part of the appro�al we would [ike to see the Cambridge Drive extension compieted as this
would reduce construction traffic throug#� Grantham and Leeds.
Respectfully submitted,
David �rice & C�nnie Price
�.
;�.t.�c� ---�'-~� �� ���;� C�-�
35
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December 06, 2012
To the Planning Advisory Committee;
I am writiRg in response to a letter I received concerning the RezoRing and Subdivision fxtension af
Cambridge Avenue_ My wife and I bought a new home in this Subdivision in Feb.2012 from the
contractor, Kamel Debly. Mr. Debly has been extremely helpful to us with anything we need cancerning
our new home. I ha�e watched four new l�omes built on our street( Leeds C�escent)#his spring-summer
and I can te�l yau first hand that they were built exceptionally well. Mr Debly was there each day to
make sure things were done just right. i am quite sure h�s new projec#wiH he first class. My wife and are
in complete approval af Mr. pebl�s new construction birf which will create jobs for our trades peaple as
weil. It seems like a win-win situation.
Sincerely, Shane O'8rie�
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From: barbkellyisffee(r,�yal�oo_tom
5ent December-10-12 z:28 PM
To: External -Planning; barbkellyisfreeC�yai�oo.com
SubJec� Extension af Crambridge Avenue
I have received the infn aFaaut the expansion and It is flrte with me with whatever plans Camal has for the
neighbourhood. I live at 40 Leeds Crescent In Caml�ridge Estates,telephone#2141603. 5incerely Barbara
Kel�y.
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�f `� January 9, 2013
SAINT JOHN BQARD
OF PQLiCE M&C 2013-03
COMM�SSIONERS
ro sog is7i His Worship Mayor Mel Norton and
Saint John,New Brunswick
c�oaaa E2L 4L1 Members of Corrtmon Council
Bureau des Commissaires du
Service de Police de 5aint John Your Worshi and Councillors:
C.P. i979 p
Sainf John NouveawBrunswick
Canada E2L 4L9 Re: Response to Council Resolution respecting Sex Trade Workers
CHRIS70PHER WAL�?SCHUTZ
Chair/Pr�sident In respanse to Council's resolution on November 13, 20'!2 we wish to
MARY-EILEEN O'BRIEN advise that the following resolution was adapted at the Saint John Boarc!
Vice CharrNice President of Police Commissioners meetin on Tuesda Janua 8, 2013.
JONATHAN FRAI�KLIN g Y� rY
Secr�tary/Secretai�
MAYOR MEL NORTON "RESOLVED that the Saint John Board of Police Commissioners advise
Commissioner/Commissaire Common Council that it is not feasible, lawful or ethical to use existin
KAREN KEILLER g
CommissionedCommissaire City By-laws such as the Sidewalk By-law and Traffic By-law#a be more
71MOTHY CHRISTIE proactive in removing sex trade workers from the Uptown area; and that
Commissianer/Commissair�e a capy of this report be included as reference."
GREG NORTON
Cammissioner/Commissaira
WILLIAM G.REfD A copy of the report which was considered by the Palice Commission is
Chief of Police/Chef de Police attached for reference.
JACKIE FERRAR
Executrve Administrator/ Respectfully submitted,
Secrefaire Administrafive
C � �.� �� .
��
TelephonefT�fephone:
(508}674-4142 Chnstopher Waldschutz
Chairman
Fa�cir���copieur- Saint John Board of Palice Commissioners
(506) 648-3304
E-mai!/Courriel: I jaf
policecommissionCc�sainfiohn.ca encl.
l�
SA�NT JOHN
Explore ourpasb
Explorez notre pass�
Discover your futurel
DBcouv�z votre avenir
41
f �_ .�..
'./ REPORT TO SAINT JOHN BOARD
OF P�LICE C4MMISSIQNERS �
`�<���: - .�
.��'�:Y ;;� �
COMMITTEE OF THE WHOLE � ��`?��
�_.
��
Jannary 08, 2013
Mr. Christopher Waldschutz, Chairman and
Members of the Board of Police Commissioners
Chairman Waldschutz and Members:
SUBJECT
Report on Comman Council Resolution respecting Sex Trade Workers
BACKGROUND
A resolution was received at the December 04, 2012 meeting of the Saint John Board of Police
Commissioners "that Corr�mon Co�zcil reque.st that the Saint John Police Commisszon submit a report
within 30 days regarding the feasibility of using existing City By-Laws such as the Srdewalk By-Law and
Tra�'fu By-law to be rreore proactive in removing prostitutes from the uptown area, .rpecifically on Cl�Street,
Coburg Street, Paddock Street, Peter Street, Garden Str�eet and Wcrtet�loo Streel." The Board has — by
resolution — referred the Common Council request to the Chief of Policc, requiring a report for
the next meeting of the Board. At the same meeting, the Board heaxd presentations on the subject
from representatives of AIDS Saint John and from Cauncilor Fullerton.
Beyond the specif cs of the Common Council request, the presenters a.tld the Board members
were unif ed in their concern for the public safety and quaiity-of-Iife of all those involved.
THE LEGISLATIVE, JUDICIAL & STRATEGIC CONTEXT
Enforcement by the Saint John Police Force is enabled and bounded by legislative (e.g., Criminal
Code),judicial{e.g., case Iaw) and strategic directives.
The Criminal Code (legislation) does not prohibit adult prostitution(that is,prastitution per se is
not illegal) yet many of the activities surrounding it are, making it difficult to engage in
prostitution without committing a crime. "As a result, persons selling sexnal services or coerced
42
Mr. Christopher Waldschutz, Chairman and
Members of�the Board of Police Commissioners
January O8, 2013
Puge 2
Subject: Report on Common Council Resolution respecting Sex Trade Workers
into adult prostitutio� in Ganada risk criminal sanctions for engaging in an activify that is not
itself illegaL Those most likely to be criminalized are prirnarily vulnerable women facing various
difficulties including poverty, homelessness and drug dependency. Th.ey also engage in the most
dangerous type of prostitution, street prostitution".� The activity cited in the Common Cou.ncil
resolution is primarily linked to street prostitution in filie identifed areas.
The only sections of the Criminal Code that ade�ress adult prostitution (Sections 210-213) forbid
communication for the purposes of prostitution in a public space; keeping or oceupying a ha_ wdv
house; or rU OCUrement.
Ii is significant that Criminal Code limitations on solicita.tion (the sex trade), and the absence of
further limitations on the sex trade under the Criin.inal Cade, effectively preclude the use of
Provincial legislation or regulation (ir�cluding municipal by-laws or regulation) to address the sex
trade. It is a fundamental tenet of the Canadian Constitution Act i.hat canstitutional distribution of
legislahve powe�rs —in order of precedence—assigns powers of natianal interest to the Parliament
of Canada (including criminal law); powers of Zocal nature to Provincial Legislatures; concurrent
and shared nowers between the two Ievels of government (oId age pensions, immigration,
agriculture, environment and health); and residua� power conferred on the federal parliament
(...the power to znake laws for the peace, order and good government of Canada, in relation to all
matters not coming within the classes of subjects not assigned exclusively to thc Legislatnres of the
Provinces.) In short, because the Criminal Code addresses prostitution, only federaI powers under
the Act can address prostitution.
The judicial context of law enforcement is formulated through case law ...a system of
jurisprudence hased on judicial precedents rather than statutory laws. To the point at ha.nd,
"Westendorp (...v. The Queen, [1983J 1 S.C.R. 43) was a decision of the Supreme Coiu�t of
Canada on the Constitution's crim�nal law power. A unanimous Court found that a municipal-by
law, which prohibited standing in the street for the purpose of prosti#ution, was struck down as
ultra vires of the provincial gavemment as the law was found to be one of criminal law .., ifs true
purpose was nat to keep the streets safe but to control ar piuush prostitution."Z
From a strategi�c perspective, the Saint John Police Force loaks to the Mission Statement and
Intelligence-Led Policing business model of the Business Plan. The Mission Statement of the
Police Force (capturing the essence and ethics of the Force in the fewest possible words) is
Police and the Community Working Together for a Safer Saint John.
"...We Serve and Protect—with Respecl"
Respect is extended equalIy to all those served by the Force: residents, visitors, business owners,
victirns and offenders. Stafius under the law does not confer or diminish respect for the
individuai; respect is an essential element of civil society and ethzcal policing.
43
Mr. Christopher Waldschutz, Chairman arad
Members of the Boasd of Pdace Commfssioners
January 08, 2013
Page 3
Subject: Report on Common Council Resolution respecting Sex firade Workers
�. ,
The operational side of the strategic contcxt is expressed by the Force's Intelligence-Led
Policing (ILP) business model. The ILP business model very successfully focuses on crime
reduction through a process of evidence based analysis, definition of the criFne problem,
identification of the root cause(s) of the crime problern, implementation of crime reduction
strategies to resolve the crime probletn and root causes of the problem, ar�d evidence based
evaluation to determine if additional strategies should bc layered upon earlier strategies. ILP
strategies are often determined and implemented in cooperation with community partners, and
znay include initiatives that extend beyond traditional policir�g. The maxim `Law enforcement
whenever nece.ssary, but not necessarzly law enforcement'has been aptly coined by the Force to
describe this pro�essive policing paradigrn.
ABOUT SEX TRADE WORKERS IN SAINT JOHN
Police Force knowledge about the nature and circumstances of sex trade workers in Saint John is
informed through enforcement activities; victim services; partnership with prevention, education,
advocacy and support agencies such as AIDS Saint John and STAC (Sex Trade Action
Committee); calls far service; research and analysis. In the end, it is the face-to-face interaction
with the street based sex tracie worker that is most informative and most compelling.
Often the street based sex trade is described as `survival sex', meaning that i# is prostitution
engaged in by peaple in extreme need—who are homeless or otherwise disadvantaged in society;
trading sex for food, a place to sleep, or other basic needs, or for drugs ...or for money to satisfy
those needs. Street prostitution is also often recognized as the most dangerous type of
prostitution. In combination `street prostitution as survival sex' is in many ways more of a safety
and social problem for the sex trade worker, than a crime problezn for�he community (although
it may also be a crime problcm.) AIDS Saint John advises that the top three issues driving street
based sex trade are addictions, rnental health, and poverty. From that perspective street based sex
trade is a syrnptorn of social problems — the root cause of which are addictions (access to
treatment), mental health (treatment and support), and poverty (particularly access to affordable
housing.) The Honourable Wally Oppal — in his Report of the Missing Women Commission of
Inquiry — arrives at a similar conclusion when he s#ates "there are symbiatic relationships
between poverty, drug addictian and the survival sex trade."3 (p. 24)
The Sa.int John Police Force Intelligence-Led Policing experience indicates that addressing the
root cause of social and crime problems is the most effective and sustainable way to reduce
social and crime prob�ems.
Gabor Mate — a Canadian physician and bestselling author, with a focus on understanding the
broader conte� in which human disease and disorders a.r�se -- notes that rriany addicts that are
sex trade workers do sa exclusively to finance their habit. "Many addicts could work at
productive jobs if the imperative of seeking illegal drugs did not keep them constantly on the
street."4 The Saint John No-Wait-List Maintenance Methadone initiative is a measure that has
44
Mr. Christopher Waldschutz, Chairman and
Members of the Board of Police Commissianers
January 08, 2013
Page 4
Subject: Report on Common Council Resolution respeciing Sex Trade Workers
resulted in significant crirne reduction {perhaps for the reasons cited by Dr. Mate), although the
effectiveness of the initiative is now being compromised by the specter of a growing wait list.
AIDS Saint John estimates that there are 35-55 women engaged in the street based sex trade,
with a consistent core of approximately 20 active sex trade workers. Localized support serviccs
have been relatively effective in assisting womcn attempting to leave the sex trade. A key
component that is sti1Z unresolved is the provisian of a bridging program — providing stable
housing and suppart on the pafih to stable employment.
Dr. Leslie Jef&ey of UNBS3 and President of AIDS Sa.int John advises "there has been an
epidemic of violence against sex workers around the world and across Canada, particularly for
street based workers."5 In Vancouver 51% of sex trade workers have been assaulted in the past
year. Police cxack-downs (enforcement) tend to increase vulnerability and victimization of sex
trade workers because it forces them to frequent less visible and less safe lacations.
Since 2009 city-wide there were 32 prostitution relaied Criminal Code offences in Saint John. The
Police Force focus has been focused on crime reduction and addressing the root cause of the crime
and sociai problem.Dnring the three year period from December 2009 to December 2012 there were
61 assaults within the Waterloo `village' area— all occurring at or near parking lot5, open areas or
streets(i.e., not indoors), and therefore likely relafied to sex trade or drug activity.
The Report of the Missing Women Coznmission of Inquiry{the Oppa1 Report} concludes "there is a
clear correlation between law enforcement stxate��ies of displacement and containment arid increased
violence agaznst women engaged in the sex trade. Their marginalized status ...resulted in the women
being seen as"nobodies"in the eyes of much of society. Often they were treated not as persans at all,
but as "sub-humans" dirninished in the eyes of miany by their "high-risk lifestyle" ...their devalued
social status rnade them the target of predators."(p.25)
ANALYSIS
I'rom a legislative and judicial perspective, the application of"existing City By-laws such as the
Sidewalk By-law and the Traffic By-law to be more proactive in removing prostitutes from the
uptown area" is clearly invalid —that is, ultrca vires or beyond the powers of a municipal entity.
Limitations on and enforcement of prostitution (the sex trade) are soiely the domain of the
Parliament of Canada, and legislation and regulations thereof. Tl�is has been confirmed by case
law, and — in Westendorp v. The Queen, �1983] 1 S.C.R. 43 — was extended to invaliciate any
Provincial (and therefore municipai) action where"the true purpose [is] not to iceep the streets safe
but to control or punish prostitution."
Currently the Supreme Court of Canada has consented to heaz a constitutional challenge {a.n
Ontario Court ruling) that "struck down a law that outIaws brothels, a.ud modified another law
against "living off the avails" of prostituEion, but upheld an effective ban on street prostitution.
The Supreme Court aiso agreed to maintain a stay on the Ontario court`s ruling, which means
that current laws should stay in effect until the top court has ruled."6 The Saint lohn Police Force
45
Mr. Christopher Waldschutz, Chairmarr and
MembErs of the Board of Police Commissioners
January 013, 2013
Page S
.Subject: Report on Common Council Re.solution respecting Sex Trade Workers
��.
wiil continue to enforce the respective sections of the Criminal Code as necessary, pending a
decision of the Suprerr�e Court.
Evidence indicates that street-based survival sex is the mast dangerous type of prostitution, and
is largely driven by addictions, mental health issues and poverty. Enforcement initiatives alone
(police `crack-downs')tend to increase vulnerability and victimization of sex trade workers
because it forces them to frequent less visible and less safe locations. As discussed in his report
on the Missing Woman Commission Inquiry, the Honoutable Wally Oppal acknowledges the
Vancouver Police Department's (VPD}law enforcetnent strategy on"tolerance zones."
"Respont�ing to pressure from residents, business owners and municipal politicians who could
not tolerate the nuisances created by the street-level sex trade,the VPD pursued a strategy of
containing the wornen into more remote and unsafe parts of downtown Vanco�ver. Through this
strategy, the sex trade was displaced but not eliminated. One can�nderstand the concerns of#he
residents, but the women became unwitting victims of the law enforcement strategy. The
unintended consequence was that police create a space for the survival sex trade to exist where
the women were violated, often with impunity." (p.b6) This displacement strategy essentially
put an already vulnerable and marginalized group of woman at further risk. The PoJice Force
Intelligence-Led Policing experience indicates that addressing the root cause of social and crime
problems (addiction, rnental health, and poverty) is the most effec#ive and sustainable way to
reduce social and crime problems. This is consistent with the Force's"Serve and Protect,with
Respect"Mission Statement; it reflects concern for the safety and qualiiy-of-life for all:
resid.ents, visitors, business.owners,victims and offenders. Given the limited number(20) of
active sex trade workers in Saint John,there is a strategic opportunity to successfuIly engage
with community partners in addressing root causes and reducing the crime and social problems.
CONCLUSION
On the question posed by resolution of Common Council, it is neither feasible nor lawful to use
existing City By-Laws such as the Sidewalk By-Law and Traffic By-law to be more proactive in
removing prostihztes frorn the Uptown area.
There is a strategic opportnn.ity to successfully engage with community partners in addressing root
causes and reducing the crime and social problems associated with street-based sex trade in Saint
John. The Saint rohn Police Force has already engaged with corritnunity partners for strategic
interventions. Common Council rnay also wish to engage with community partners for strategic
interventions; this is a zole that Common Council could serve with distinction.
Respecifixl balancing of the safety and quality-of-life interests of residents, visitors, business
owners, victims and offenders is necessary but challenging. The 2006 Report of the Select
Committee on Solicitation laws noted that examination of the law"revealed si�mificant elements of
agreement and disagreemen� with respect to the appropriate legal and social response to
prostitution, probably reflecting the c�nflicting views of Canadians more broadly." Consensus
46
Mr. Christopher Waddschutz, Charrman and
Members of the Board of Podice Commissioners
Janrtary 08, 2013
Page 6
Subject: Report on Common Council Resolutzon respecling Se�Trade W�rkers
building is needed nationally and locally (p. 92.) Dr. Mate has stated "Not every story has a
happy ending ... but the discoveries of science, the teachings of the heart, and the revelations of
the soul a11 assure us that no human being is ever beyond redemption. The possibility of renewal
exists so long as life exists. How to support that possibility in others and in ourselves is the
uttimate question."
Saint John is the type of caring, progressive and respectful community that can resolve that
question. The request by Common Council allows an opportunity to shine a light on the most
effective solutions.
Speaking on his Report of the Missing Women Commission Inquiry, the Honourable Wa11y
Oppal emphasized that the missing women were treated as "nobodies" by police and the
community. This is not a criticism we want applied to Saint John.
Much of this report quitc correctIy speaks of alternatives to enforcement when addressing the
street-based sex trade ixz Saint John. Enforcement is such a biunt tool, when much greater
precision and nuance is often required. But to be clear, the Force wiZl engage in enforcement
when it is the least-harms and most effective salntion. Again ...law enforcement whenever
necessary, but not necessarily Iaw enforcement.
RECOMMENDATYQN
That the Saint John Boar�d of Potice Commissioners advise Common Council that it is neither
feasible�zor lawful to use existing City By-laws such as the Sidewalk Sy-Caw and Traffic By-
law to be more proactive in removing prostitutes from the Uptown area; and that a copy of thi,s
Reporf he included as refet�ence.
Will' G id
C " f � ce
Report of the Subcommittee on Solicitation Laws;2p06. The Challenge of Change:A study of Canada's crimino!
prostitution laws. House of Commons Canada.pg.1
z Wikipedea.Westendorp v.The Queen_ Referenced December�1,201.2 at
http://en.wikipedia.or�/wiki/Westendorp v. The ueen
3 Oppaf,W. (2012}.Forsaken:The report of the Missing Women Commission of inquiry;Executive Summary.
4 Mate,G.{2008).!n the Realm of!-lungry Ghosts:Close encounfers with addretions.Toronto:Vintage Canada_pp.
306-307
S Jeffrey, L. (Z01z)_Presentation at Saint John Boarc!of Police Commissioners; December 04,2012.
6 Reuters. Canada's top court lets prostitution cha!lenge proceed. Referenced December 22, 2012 at
http://ca.reuters.comJa rticle/domesticNews/idCABRE89011L201210z5
47
,`'���
.� :�;;
The city of Saint John
January 18, 2013
His Worship Mayor Norton, Deputy Mayor Rinehart
and Councillors
Subject: Resignation of Donnie Snook
Mayor Norton, Deputy Mayor and Councillors,
A letter of resignation signed by "Donnie Snook" and addressed to "His Worship Mel Norton &
Members of Common Council" was delivered to the Mayor on Thursday morning, January 17,
2013. It was forwarded to me later that morning.
Common Council is obliged pursuant to the terms of the Municipalities Act (the "Act") to
declare, by resolution, the resulting vacancy within two months of its arising. Common Council
is also obliged to provide a certified copy of the resolution to the Municipal Electoral Officer
within ten days of its adoption. The Municipal Electoral Officer is then obliged by the Act to
hold a by-election.
The following is the text of a resolution which would satisfy Council's obligations in the current
circumstances:
RESOLVED that as a result of Councillor ponnie Snook's resignation Common
Council hereby declares a vacancy on the Council; AND FURTHER BE IT RESOLVED
that the Common Clerk is hereby directed to provide a copy of the foregoing
resolution to the Municipal Electoral Officer forthwith.
Respectfully Submitted,
��
Jonathan Tay r
Assistant Common Clerk
l�' -- ------- -- ---- --- ----
SAINT JOHN P.O.Box 1971 Saint John, NB Canada E2L 4��I wvw�.saintjohn.ca I C.P.1971 Saint John,N.-B.Canada E2L 4L1
—�,-
� RECEiVED
�i���N L'�ERt�'n��-clf;�
� .1AN 17 Z013
����,�
CITY OF SAIN`i ,�C�Wf�
January 17, 2013
Janathan Taylor, Assistant Common C1erk
Mr. Taylor,
Re: Councillor Snook Resignation
Please find attached a hand written letter I received from Councillor Snook's lawyer, Dennis Boylc on
the morning of January 17rh, 2013. The letter outlines that Councillor Snook is resigning effective
unmediately.
Respectfully,
�'����
Mayor Mel Norton
C�,�� - -
SAINT JOHN RU.Bcx 7 971 Saint john,NB Canada E2L 4L i I vwvw,saintjohn,cz � C.P.]971 Saint John,N:B.Canada �.2L 4L7
�~� 49
RECEIVED
COMMOAI CLER�'�'n�FlC!=
JAN 17 2013
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97-
COMMON COUNCILICONSEIL CQMMUNAL
DECEMBER 27, 20121LE 27 DECEMBRE 2012
COMMON COUNCIL MEETING — THE C17Y OF SAINT JOHN
CITY HALL— DECEMBER 27, 2012 — 10:00 A.M.
Present:
Mel Norton, Mayor
Deputy Mayor Rinehart and Councillors Farren, Fullerton,
MacKenzie, McAlary, Norton, and Snoo[c
- and -
K. Forrest, Commissioner of Planning and Development/Acting
City Manager; S. Brittain, Solicitor; G. Yeomans, Commissioner
of Finance and Treasurer; W. Edwards, Commissioner of
Transportation and Environment Services and J. Taylor,
Assistant Common Clerk
1. Call To Order
The Mayor called the meeting to order.
1.1 City Manager: Long Term Disability Coverage for Employees of the City's
Bargaining Units
On motion of Councillor McAlary
Seconded by Counciflor MacKenzie
RESOLVED that as recommended by the City
Manager in the submitted report entitled Long Term Disabilrty Coverage for Employees
of the Cify's Bargaining Units:
1} Common Council agree to obtain Long Term Disability coverage for employees of
IAFF Local 771; the Saint John Police Association; CUPE Local 18 and CUPE l.ocal 486
effective January 1, 2013 from Great West Life in accordance with a poficy containing
the provisions generally outlined in the Memorandum of Understanding regarding the
City of Saint John Pension Plan and the Common Council resofution respecting Long
Term Disability coverage adopted December 20, 2012;
2}AND THAT the Commissioner of Finance be authorized to release a binder premium
to Great West Life for the first month's payment prior to January 1, 2d13;
3)AND FURTHER THAT the master application and contract between Great West Life
and The City of Saint Johr� be subject to the future approval of Common Council.
Councillor Snook advised that he cannot accept the notion of the City paying 100% of
the disability premium, noting #hat he would recommend a 50% contribution from both
the City and its employees.
Councillor Fullerton stated that she does not believe the motion is in the best interest of
the taxpayers, adding that the matter has been rushed.
Question being taken, the motion was carried with Councillors Fullerton
voting and Snook voting nay.
On motion of Councillor McAlary
Seconded by Councillor No�ton
RESOLVED that the meeting of December 27,
2012 be ad�ourned.
Question being taken, the motion was carried.
The Mayor declared the meeting adjourned at 10:25 a.m.
Mayor 1 maire
Common Clerk 1 greffier communale
52
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COMMON COUNCILICONSEIL COMMUNAL
JANUARY 2, 20131LE 2 JANVIER 2013
COMMON COUNCIL MEETING— THE CITY OF SAINT JOHN
CITY HAL�.—JANUARY 2, 2013- 6:00 P.M.
Present:
Mel Norton, Mayor
Deputy Mayor Rinehart and Councillors Farren, Fullerton,
MacKenzie, McAlary, Merrithew, Norton, and Strowbridge
- and -
P. Woods, City Manager; J. Nugent, City Solicitor; G. Yeomans,
Commissioner of Finance and Treasurer; A. Poffenroth, Deputy
Commissioner Buiiding and Inspection Services; W. Edwards,
Commissioner of Transportation and Environment Services; K.
Clifford, Fire Chief; J. Taylor, Assistant Common Clerk; K. Tibbits,
Administrative Assistant.
1. Call To Order— Prayer
Mayor Norton calEed fhe meeting to order and Reverend Eric Phinney of St. James the
Less Church offered the opening prayer.
2. Approval of Minutes
2.1 Minutes of Nor►ember 30, 2012
�n motion of Councillor McAlary
Seconded by Councillor Farren
RESOLVED that the minutes of the meeting of
Common Council, held on November 30, 2012, be approved.
Question being faken, the motion was carried.
2.2 Minutes of December 1, 2012
On motion of Councillor McAlary
Seconded by Councillor Merrithew
RESOLVED that the minutes of the meeting of
Common Council, held on December 1, 2012, be approved.
Question being taken, the motion was carried.
2.3 Minutes of December 3, 2012
On motion of Councillor McAlary
Seconded by Councillor Merrithew
RESOLVED that the minutes of the meeting of
Common Council, hefd on December 3, 2012, be approved.
Questian being taken, the motion was carried.
3. Appro�al of ALqenda
On motion of Councillor McAlary
Seconded by Councillor MacKenzie
RESOLVED that the agenda of this meeting be
approved with the addition of i#em 17.1 Committee of the Whole: Appointments to
Committees and item 17.2 Committee of the Whole: Appointments to the Growth and
Development Service Area.
Question being taken, the motion was carried.
4. Disclosures of Conflict of Interest
5. Consent Agenda
53
97-
COMMON COUNCILlCONSEIL COMMUNAL
JANUARY 2, 20131LE 2 JANVIER 2013
5.1 That the letter of thanks received from the YMCA-YWCA of Greater Saint John
be received for information.
On motion of Counciilor McAlary
Seconded by Councillor Farren
RESOLVED that the recommendation set out for
each consent agenda item respectively be adopted.
Question being taken, the motion was carried.
6. Members Comments
Council members commented on various community events.
12. Business Matters- Municipal Officers
12.1 City Manager: 2Q13 General Fund Operating Budget (Tabled Dec 17 2012)
On motion of Councillor McAlary
Seconded by Deputy Mayor Rinehart
RESOLVED that the 2fl13 General Fund Qperating
Budget be lifted from the table.
Question being taken, the motion was carried.
Mr. Woods noted that the budget was prepared on the assumption of coversian to the
Shared Risk Pension Plan and a deferral from the province for pension payments,
adding that both of these have been approved. He noted that staff is in the process of
finalizing costs and making the necessary allocations in the budget.
On motion of Deputy Mayor Rinehart
Seconded by Councillor McAlary
RESOLVED that the 2013 General Fund Operating
Budget be tabled to the meeting of January 7, 2013.
Question being taken, the motion was carried.
�n motion of Deputy Mayor Rinehart
Seconded by Councillor McAlary
RESOLVED that the open session meeting of
Common Council scheduled for Moncfay, January 7t", 2013 convene at 5:OOpm in the
Council Chamber.
Qusstion being taken, the motion was carried.
12.2 City Manager: Digital Orthophotography Agreement With Surrounding
Municipalities
On motion of Councillor McAlary
Seconded by Councillor Farren
RESOLVED that as recommended by the City
Manager in the submitted report M&C 2013-01: Digita! OrthophofographyAgreement
with Surrounding Municipalities, the City enter into a Digital Orthophotography
Agreement, generally in the form as submitted, with the municipalities of Grand Bay-
WestField, Rothesay, Quis�amsis and Hampton and that the Mayor and Common Clerk
be authorized to execute the said agreement on the City's behalf.
Question being taken, the motion was carried.
13, Committe� Reports
13,1 Canada Games Aquatic Centre Commission: Response regarding
Affordabilfty
On motion of Councillor Farren
Seconded by Deputy Mayor Rinehart
54
97-
COMMON COUNCIUCONSEIL COMMUNAL
JANUARY 2,20131LE 2 JANVIER 2013
RESOLVED that the submitted letter from the
Canada Games Aquatic Centre Camission dated November 28, 2012 be tabled.
Question being taken, the motion was carried.
16. Supplemental Agenda
On motion of Councillor McAlary
Seconded by Councilfor Merrithew
RESOLVED that items 16.1 and 16.2 of the
Suppfemental Agenda be lifted from the table.
Question being taken, the motion was carried.
1fi.7 Planning Advisory Committee: Street Vesting (New signalized Intersection)
418-424 &419-421 Rothesay Avenue
On motion of Counciilor McAlary
Seconded by Councillor Farren
RESOLVED that Common Council assent to one or
more subdivision plans, in genera! accordance with the submitted tentative subdivision
plans prepared by exp Services Inc., that would vest an approximate 23 square metre
portion of the property at 418-424 Rothesay Avenue and an approximate 13 square
metre portion of the properiy at 419-421 Rothesay Avenue, as part of the Rothesay
Avenue public street right of way, as well as to any necessary municipal sen+ices and
public utility easements concerning the construction of a proposed signalized
intersection at this location.
Question being taken, the motion was carried.
�6.2 Pension Information Session {Councillor MacKenzie)
On motion of Councillor MacKenzie
Seconded by Councillor Farren
RESOLVED that the City Manager be directed to
arrange a pension information session in collaboration with the City union
representatives, Susan Rowland of the Pension Task Force, and the Superintendent of
Pensions, for the benefit of the City's past and present employees.
Question being taken, the motion was carried.
77. Committee of the Whole
17.1 Committee of the Whole: Recommended Appointments to Committees
On motion of Councillor Farren
Seconcfec4 by Councillor McAlary
RES�LVED that as recommended by the
Committee of the WF�ole, having met on January 2, 2013, the following appointments to
committees be made:
Rockwood Park Endowment Fund: to appoint Patrick Grannan and Rebecca Atkinson
each for a three year term from January 2, 2013 to January 2, 2016.
Taxicab Review Committee: to re-appoint Councillor Farren from January 2, 2013 until
the end of his current term on Council.
Enterprise Saint John: to appoint Dr. Michael Simon for a three year term from
January 2, 2013 to January 2, 2016 as consistent with the Saint John Board o�Trade's
recommendation.
Taxicab Advisory Committee: Nofwithstanding the policy adopted by Common
Council on October 29, 2012 regarding appointments#o agencies, boards and
commissions, Gary Williston and Mack Tobias be re-appointed each for an eight month
term from January 2, 2013 to September 2, 2013; Ralph Holyoke be appointed for an
eight month term from January 2, 2013 to September 2, 2013; and Heather Myers and
55
97-
COMMON COUNCILICONSEIL COMMUNAL
JANUARY 2,20131LE 2 JANVIER 2013
Lorinda Arnold be appointed each for a two year term from January 2, 2013 to January
2, 2015.
Saint John Development Corporation: Notwithstanding the poiicy adopted by
Common Council on October 29, 2Q12 regarding appointments fo agencies, boards and
commissions, Daryl Wilson and Charles Swanton be appointed each for a one year term
from January 2, 2013 to January 2, 2014.
Ques#ion being tak�n, the motion was carried.
17.2 Committee of the Whole: Appaintments to the Growth and Development
Service Area
On motion of Councillor Farren
Seconded by Counciilor MacKenzie
RESOLVED that as recommended by the
Committee of the Whole, having met on January 2, 2013:
1. While retaining her position and responsibilities as Deputy Commissioner of Building
and Inspection Services, Amy PofFer�roth be appointed by Council as the Acting
Commissioner of Growth and Development Services until such time that Council makes
a permanent appointment to the position of Commissioner of Growth and Development
Services, and that while serving as Acting Commissioner of Growth and Development
Services that Ms. Poffenroth be remunerated at Group 9, Step C of the Management
Pay Scale.
2. While retaining her position and responsibilities as Commissioner of Strategic
Services, Jacqueline Hamilton be appointed as Municipal Planning Director pursuant to
subsection 16{1}of the Community Planning Ac#on an acting basis until such time t�at
Councif makes a permanent appointment to that office and that Ms. Hamilton's saiary be
adjusted to Group 9, Step F of the Management Pay Scale.
Question being taken, the motion was carried.
18. Adjournment
On motion of Councillor Merrithew
Seconded by Councillor Strowbridge
RESOLVED that the meeting of January 2, 2013 be
adjourned.
Question being taken, the motion was carried,
The Mayor declared #he meeting adjourned at 6:20 p.m.
Mayor 1 maire
Common Clerk 1 greffier communale
56
210, rue John, bureau 101 210 John Street, Suite 101
Moncton, NB E1C OB8 � Moncton, NB E1C OB8
Telephone : 506-II72-6500 � Telephone: 506-872-6500
Telecopieur: 506-872-6501 � Fax: 506-872-6501
January 16, 2013
Mayor and Council
P.O. Box 1971
Saint John
E2L 4L1
Your Worship:
Ambulance New Brunswick would like to make a short "Hands-Only CPR"
demonstration during one of your upcoming council meetings.
Sudden cardiac arrest is a leading cause of death in Canada. Research clearly
demonstrates the importance of bystanders when it comes to sudden cardiac arrest -
prompt recognition of the problem, immediate CPR and use of an automated external
defibrillator(AED) are essential to increasing survival rates.
We want to help as many New Brunswickers as possible learn to save a life with Hands-
Only CPR. It's a simple process that can make a big difference.
We would appreciate your support in this endeavor by letting us make a short
demonstration to your council. I look forward to hearing from you or one of your
colleagues. My contact information appears just below.
Resp�ectfully yours,
�� /��y�� � ��G'uG�
Sophie Cormier-Lalonde�
External Communications Officer
Ambulance New Brunswick
506-872-6579
�ot�hie.cor.micr-lalonde@ smunbems.ca
57
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TbE Ci�}�Oe$'albC]OLTI
January 18, 2013
His Worship Mayor Norton, Deputy Mayor Rinehart
and Councillors
Subject: Actionable Resolutions Report
Mayor Norton, Deputy Mayor and Councillors,
At+ts meeting of January, 14, 2013, Council adopted the following resolution:
"RE50LVED that the Actionable Resolutions report be referred to the City Manager to be completely
updated with the assistance of inembers of Council if desired; and further that the report be removed
from the agenda until such time as it is updated, subject to advice from the Common Clerk with respect
to rescinding the motion which estabfished the weekly placement of the Actionable Resolutions report."
In order to remove the Actionable Resolution report from Councif's agenda pacfcet, it is necessary for
Council ta rescind the following resolution ofluly 16, 2012:
"RESOLVED that the record of motions/actionable items be referred to the Common Cferk to examine a
possible change to the format of the repart to make it more succinct and clear with the direction that
the new report would be included with every agenda packet:'
Respectfully Submitted,
� �
..--� �
� �
Jonathan Tayior
Assistant Common Clerk
J. Patrick Woods,CGA
City Manager
�i`�y� — — — -- - -- _ --- — - -- — ----
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January 18,2013 a
;
Mayor Mel Norton
and Members of Common Council
7rbe[9ty of sahnt John
Your Worship and Members of Council:
SUBJECT: Mutual IVondisciosure Agreement between the City and ClearRisk.
BACKGROUND: The City is evaluating a web-based claims and risk management solution
known as ClearRisk Claims which is delivered using a Software as a Ser�ice (SaaS) model. The
solution is offered jointly with Salesforce.com. All City information is to be stored remotely.
We have requested from ClearRisk a copy of an auditor's report known as either a SAS 70 or
SSAE 16. These reports are a mechanism which can be used to evaluate an application service
provider's control environment and offer some assurance of hoth information security and
privacy.
ClearRisk has agreed to share a report of the facility in which our information will be stored, but
first requires that the City sign a Mutual Nondisclosure Agreement. A copy of this Mutual
Nondisclosure Agreement is attached.
INPUT:The fegal department has reviewed the attached agreement.
RECOMMENDATION: (1) That the City enter into a Mutual Nondisclosure Agreement with
ClearRisk in the forrn and upon the terms and conditions as attached to this report and t2) that
Comman Council authorize the Mayor and Common Clerk to sign the Mutual Nondisclosure
Agreement with ClearRisk.
Respectfully submitted,
� I �r /��j��
/
Da rd Bur �Jonathan Tay
Access Pri�acy Officer Assistant Common Clerk
City of Saint lvhn City of Saint John
J. Patrick Woods,CGA
City Manager
59
�
�1ear�t�l�
Risk Management. It's Here.
TH�S AGR.EEMENT made this da}� of January, 2013, Uetv�-een C1earRask �nc.
(hereinafter"CLE��RRISK'� and The City of Saint John (hereinafter The City).
WHEREAS the parties hereto desire to exchan�c information for the purpose of cxploring the
possibility of entering into a joint business venturc together:
THIS INDENTURE THEREFORE WITNESSETH that, in consideration of the
disclosure to The City b}- C1.��KRiSK and to C1earRisk b�- The City regarding finaricial,
proprietary and trade secret informarion (hereinafter "Information'� relating to proprietary
products, technology, knoa=-how and/or proccsses, including but not limir.ed to business plans,
aocuments, drawings, models, technical speciC-icarions, apparatus, desi�ns, lists, photographs,
sketches, price schedules, ideas, su�esrions and confidenual discussions, The City and
C1earRisk agree as follov�s:
1. To maintain the informarion, including all copies and portions thereof and any
resulting data or studies,confidential in the same manner as its ou-n proprietary and
trade secret information is maintained confidential;
2. Not to disclose the Informarion or any portion or cop}•thereof or any resulting data
or studies to an3-individual or business that is not a party to this Agreement with
the exception of Uovemment agencies to which the information is direcdy
applicable;
3. Not to use the Informauon or any portion or copy thereof or any resultin�data or
studies for any purpose except those as may be specifically authorized by the other
party in writing;
4. That the Information or any portion or copy thereof or any resuiting data or studies
is and at all times shall be and remain the property of the owner and shall be
returned to the owner promptly at ir.s rc:quest;and,
5. To make no more than two {2) copies of any document and/or drawing provided
as part of the Information and to return to the owner, upon its request, all such
documcnts and/or draa-ings and all copies thereof and a�l derivarive documents
containing any or all partions of the Information.
Nota7thstanding the foregoing, one party may release the Informarion to a court of compctent
jurisdicrion if required to do so Uy said court or undcr any applicable law or regulation,provided
that said party shall notify the other of such requirement before releasing the Information.
It is understood by both parties that thc above oUligations shall not apply to any Informarion
u:hich is or which becomes generally kno�n to the public b}- publicarions or by means other
than a breach of this Agreement,or which becomes otherwise available through legal sources.
It is understood that the Informarion may relate ta products or ideas that are u.nder
development or planned for development. Neither party makes an;�guarantees or warranries
60
r-�
����i F�i�k
Risk Management. It's Here.
regarding the accuraclr of the Informauon and accepts no responsibility for any expenses,losses
or liai�ilities incurred or undertaken by the other party as a result of its receipt or use of the
Informarion. It is furlher understood by The City that CITARRISK does n��t warrant or
represent that it u711 introduce any product to which the Information is rclated.
CT.F.ARRTSK grants The Ciry no licence, by implicauon or otherarise, under any of its
trademarks, copyrights, patents or patent ri�.hts as a result of its disclosure of the Informarion
pursuant to the terms of this 11�reement.
Notwithstanding any other provision of this Agreement,The City agrees not to ex�oxt,direcdy
or indirectly,any technical data,including equapment, software and technical information in any
form, provided by or acquired from t:LF;ARRISK or any products urilizing such data, which
export may not be in accordance with Canadian, LJnitcd States or any other applicable
jurisdictions' Export Laws or Regulations. Nothing in this paragraph xeleases Thc City from
any obligation stated else�arhere in this��greement.
In considerarion c�f the disclosure of the informarion both paxties hereby a�-ce to abide by the
provisions of this��greement.
SIGNED, SEALED AND DELNERED on the aforementioncd date by:
ClearRisk Inc.
Mayor
Comrnon Clerk
Resoluuon Date
61
Actionable Resolutions - Reflecting up to the January 14, 2013, 2013 Council Meeting
Date Made Resolution Councillor Staff Status
RESOLVED that city staff bring forward a recommendation to
Common Council on the feasibility of implementing anti-whistling
legislation which would limit the use of train horns during specific
hours in locations where railway crossings are in close proximity
to residential neighbourhoods and people are subsequently
6/9/2008 affected. Donnie Snook City Manager Incomplete
RESOLVED that the submitted letter from Karen Kincade dated
October 21, 2008 be formally referred to the Ability Advisory
Board for a full and comprehensive report on all of the various
topics; and further,that upon request, City staff provide the Council's Ability
12/22/2008 necessary support to the Advisory Committee; Joe Mott Advisory Board Incomplete
RESOLVED that the City Manager bring forward a report to
Council, outlining the mandates and/or justification for the
various commissions, boards and committees of common council
and subsequently make recommendations on how we could
create greater efficiencies by reducing the number of
commissions, boards and committees of Council through the
elimination and/or consolidation of any of these bodies and
1/12/2009 through the establishment of clear reporting procedures. Donnie Snook City Manager Incomplete
RESOLVED that the letter from Councillor Killen dated January 21,
2009 regarding an exemption from flat rate water use increases
be referred to the City manager and the City Solicitor for a report City Manager and
1/26/2009 and recommendations. Carl Killen City Solicitor Incomplete
RESOLVED that the priorities outlined in the presentation from
the Ability Advisory Committee be referred the Acting City
Manager for a report and recommendation, and further,that the
report include a review of the City of Saint John's workforce and
8/31/2009 human resources practices to ensure inclusion/diversity practices. n/a City Manager Incomplete
62
Date Made Resolution Councillor Staff Status
RESOLVED that Council consider strengthening whatever by-laws
exist that safeguard monuments and public spaces, specifically
that sitting, standing, skate-boarding and/or other activities be
prohibited on monuments; that signage be erected that indicates
such prohibitions; that consideration be given to some form of
general prohibition on loitering,the details to be provided in a
report on the issue developed by the City Manager in
9/29/2009 consultation with the City Solicitor and with the police. Carl Killen City Manager Incomplete
RESOLVED that the City Manager be directed to develop a policy
framework which will allow City Staff to work safely within the
area of community engagement forums, and further,that a
report and recommendation be submitted to Council by June 1,
3/29/2010 2010. Peter McGuire City Manager Incomplete
Staff report back to Council with the results of the Environmental
Impact Assessment and a plan for phased implementation of the
5/25/2010 detention ponds and remaining Associated Works. n/a City Manager Incomplete
Direct that a multi disciplinary staff team, including the City
Solicitor, examine the existing legislative context in light of the
proposal set out herein and identify any amendments which
might be required to realize this proposal; and, additionally,that
the nature and scope of authority of a public utilities commission,
together with its terms of reference, guiding principles,
stewardship responsibilities and relationship with Council, be
7/19/2010 articulated for submission to and consideration by Council. n/a City Solicitor Incomplete
RESOLVED that the City Manager report back to Council in one
month's time with a short term and long term plan for the
enhancement of the green space area adjacent to the Martinon
9/13/2010 Community Centre. Peter McGuire City Manager Incomplete
63
Date Made Resolution Councillor Staff Status
RESOLVED that the City Manager and the City Solicitor be
directed to investigate the feasibility of creating a deferral
payment plan, or other options,for citizens who cannot afford to City Manager and
12/20/2010 pay for future water utility increases. n/a City Solicitor Incomplete
RESOLVED that the City Manager explore the feasibility of
creating an "After Hours" PALS program support model for the
City of Saint John's Community Centres in order to ensure that
children and youth have an increased level of inentorship,
support, and recreational opportunities.The goal is to ensure
there are sustainable and enhanced programs in our community
centres through the establishment of creative partnerships with
1/4/2011 local businesses. Donnie Snook City Manager Incomplete
RESOLVED that the City Manager direct the appropriate City of
Saint John staff to open discussions with the owners of the listed
properties on Manawagonish Road to begin the process of
remediation, with a forthcoming report updating Common
2/14/2011 Council. Peter McGuire City Manager Completed
RESOLVED that as recommended by the Committee of the Whole
(Closed Session),the City Solicitor or his designate be
authorized to commence legal proceedings against the Town of
Rothesay before the Court of Queen's Bench of New Brunswick
arising from the Town of Rothesay's breach of a 1996 Agreement
between its predecessor, the Village of Renforth, and The City of
Saint John respecting the supply of water by The City of Saint
John to the areas known as Kennebecasis Park and Hastings Cove
2/14/2011 in the Town of Rothesay. n/a CitySolicitor Incomplete
64
Date Made Resolution Councillor Staff Status
Seek appropriate cost sharing agreements with the Province of
New Brunswick and the Government of Canada for total Program
funding over four years (2012 to 2015) of
$172,300,000 (or approximately$57,433,000 from each funding
4/11/2011 partner) n/a City Manager Incomplete
RESOLVED that the letter from Councillor Farren entitled By-Law
to Prevent the Feeding of Deer Within City Limits be referred to
5/24/2011 the City Solicitor for a report and recommendation. Bill Farren City Solicitor Incomplete
RESOLVED that as recommended by the City Manager in the
submitted report M &C 2011 -149: Glen Falls Flooding and
Residential Relocation, Common Council:
3) Reviews the Flood Risk By-law as it may be applied to the flood
risk area identified in the forebay; reviews By-law for changes to
prevent further residential construction in the flood risk areas;
revises flood risk areas based on Stormwater Management
6/20/2011 Strategy model; n/a City Solicitor Incomplete
RESOLVED that the City Manager be directed to examine every
option to find the funds for the noted repairs at Seaside Park and
report back to Council as soon as possible so these repairs can
7/4/2011 move ahead in 2011. Bill Farren City Manager Incomplete
RESOLVED that Council refer to the City Manager for a review,
recommendation (and, if recommended implementation prior to
the end of September 2011) on a trial basis the installation and
broadcast of a live webcam feed from Rockwood Park and
Rainbow Park with a view to establishing similar webcam feeds
7/4/2011 from other popular Saint John locations. Mel Norton City Manager Incomplete
RESOLVED that the submitted letter from the Leisure Services
Advisory Board be referred to the City Manager for a report and
7/4/2011 recommendation. n/a City Manager Incomplete
65
Date Made Resolution Councillor Staff Status
RESOLVED that the City Manager review the steps necessary for
direct investment from the General Fund in clean water
infrastructure in Saint John, and how the payment of this
investment can be generated beyond the water ratepayers, and
8/15/2011 to report back to Council on this matter. Mel Norton City Manager Incomplete
RESOLVED that the matter of chalk art and busking on the City
streets and sidewalks be referred to the City Manager and City City Manager and
9/12/2011 Solicitor for a report and recommendation. Ivan Court City Solicitor Incomplete
RESOLVED that the City Manager be directed to explore the
possibility of establishing a closer financial relationship with the
Parking Commission whereby the City could potentially receive
9/12/2011 revenue from on-street and off-street parking. n/a City Manager Incomplete
That the City give written notice to the New Brunswick Power
Nuclear Corporation and the New Brunswick Power Holding
Corporation in the submitted form of the City's desire to
negotiate a new or replacement agreement to the agreement
executed on November 2nd,1999 between the City and the New
Brunswick Power Corporation respecting the City's provision of
fire protection services on the latter's behalf at the Point Lepreau
Nuclear Generating Station in accordance with Article 5 thereof
(the "1999 Agreement"), and further
Common Council direct the Acting Fire Chief or his designate, in
collaboration with the City Solicitor or his designate,to negotiate
and draft a new or replacement agreement to the 1999
Agreement with the appropriate corporate entity for the
subsequent consideration of Common Council and such City Manager and
10/3/2011 appropriate corporate entity. n/a City Solicitor Incomplete
66
Date Made Resolution Councillor Staff Status
RESOLVED that the Common Clerk forward all previously
submitted reports regarding Safe Clean Drinking Water and all
future reports on the subject to the local provincial caucus and to
10/24/2011 MP Rodney Weston. n/a Common Clerk Incomplete
That the letter from Kirby Lucas regarding parking on Regent
11/7/2011 Street be referred to the City Manager. n/a City Manager Incomplete
Commissioner of
Refer this report to the Commissioner of Finance for an Finance and
affordability analysis of the PS&I Plan Version 2 and financial Administrative
11/7/2011 recommendations; n/a Services Incomplete
That Common Council direct the City Solicitor to commence the
process of revising the By-law in a manner that incorporates the
12/5/2011 reform recommendations outlined in this report; n/a City Solicitor Incomplete
67
Date Made Resolution Councillor Staff Status
That the Advisory Committee be immediately tasked with
studying and making recommendations to Common Council
regarding: (1) the setting of the technical/operational
requirements of the meters to be used in the Taxi Industry, and
(2)the setting of a program to inspect and test the integrity of
meters and to develop a system that renders meters "tamper
proof". Once the work of the Advisory Committee is carried out,
Common Council will consider the resulting recommendations
and direct the City Solicitor to incorporate, where necessary,the
recommendations of the Advisory Committee into the By-law.
That the Advisory Committee be immediately tasked with
studying and making a recommendation to Common Council
regarding the curriculum and implementation of taxicab driver
training program. Once the work of the Advisory Committee is
carried out, Common Council will consider the resulting
recommendations and direct the City Solicitor to incorporate,
where necessary,the recommendations of the Advisory Advisory
12/5/2011 Committee into the By-law. n/a Committee Incomplete
That the Chief of Police and the City Solicitor to be directed to
review the administration and enforcement requirements under
the By-law and advise Common Council of the resources required
to properly carry out these functions.The purpose of this exercise
will be to ensure that the license fees charged under the By-law Police Commission
12/5/2011 will achieve cost recovery for administration and enforcement. n/a and City Solicitor Incomplete
4) Follows up to determine the current storage space available in
6/20/2011 the forebay area; n/a City Manager Incomplete
68
Date Made Resolution Councillor Staff Status
5) Prepares a comprehensive program of inspection and
6/20/2011 maintenance for Marsh Creek Drainage system; n/a City Manager Incomplete
6) Updates a flood response contingency plan in the event of
flooding with warnings and public communications for severe
6/20/2011 events —through Saint John EMO; n/a City Manager Incomplete
7) Engages the services of a consultant to determine the benefit
and feasibility of constructing detention reservoirs on Kelly Lake
6/20/2011 and Ashburn Lake and models the performance of Majors Brook n/a City Manager Incomplete
8) Consults with the YMCA(owners) concerning Ashburn Lake to
determine interest in possibly re- building an outlet control
structure for the dual purposes of the recreation facility and flood
6/20/2011 water storage; n/a City Manager Incomplete
9) Consults with appropriate staff of other government levels (eg
NBEMO) regarding flood assistance and other programs that may
6/20/2011 be pertinent to this situation; n/a City Manager Incomplete
10) Consults with owners (Irvings) of the forebay lands to City Manager and
6/20/2011 determine current status; n/a City Solicitor Incomplete
11) Develops a feasible assistance program for private property
owner based on an appropriate cost sharing model and pursue tri
6/20/2011 level government support; n/a City Manager Incomplete
12) Directs the City Solicitor to review the legal ownership of the
creek system and physical structures and responsibilities arising
therefrom for maintenance and efficiency performance in
6/20/2011 carrying flows. n/a City Solicitor Incomplete
69
Date Made Resolution Councillor Staff Status
RESOLVED that report dated December 9, 2011 entitled
Consultant's Report—Fleet Evaluation Project, and the Executive
Summary from Mercury Associates, be referred to the City
Manager and Fleet Staff with a directive to report back to Council
with;
a)The development of a comprehensive fleet utilization and
replacement policy,
b)The development of a business model that will see the
complete recovery by the Fleet Services Division of their
operating costs while providing sufficient funding from the annual
operating budget to facilitate a stable and sustainable fleet
replacement program,
c)The development of a Fleet operational model that will support
an efficient and effective division that will work cooperatively
with the user departments to provide them with the information
they need to determine the most cost effective levels of service
they can provide with the available assets, and
d)To create a process for the periodic review of the size,
configuration and effectiveness of the fleet related to service
12/12/2011 delivery. n/a City Manager Incomplete
RESOLVED that the City Manager be directed to submit a plan and
recommendation so as to bring the City of Saint John's water and
sewerage rates within the average cost of communities in New
Brunswick, within a defined period of time, including a review of
other similarly situated municipalities throughout Canada,
including comparators in terms of the technology of water and
wastewater systems along with scenarios based on cost sharing
12/19/2011 and non-cost sharing models projecting out to 2025. n/a City Manager Incomplete
70
Date Made Resolution Councillor Staff Status
RESOLVED that the City Manager be directed to ensure that
necessary and appropriate steps are taken to communicate
Council's support with regard to the proposed tax relief ineasures
for public transportation systems in New Brunswick as outlined in
Councillor Snook's submitted letter entitled Public Transportation
Tax Reforms, Generation of New Revenue for Transit and
1/3/2012 Innovative Transportation Solutions. Donnie Snook City Manager Incomplete
RESOLVED that the City Manager be directed to explore potential City Manager,
partnerships/funding for the creation of innovative transportation Parking
options in the City of Saint John; and further that this be referred Commission and
1/3/2012 to the Parking Commission and to Enterprise Saint John. Donnie Snook Enterprise SJ Incomplete
RESOLVED that Council direct the City Manager to draft a
governance policy on the appropriate use and non-appropriate
use of City owned vehicles; and further,that this draft report be
presented to Council no later than the first Council meeting of
1/3/2012 March 2012. Bill Farren City Manager Incomplete
That the request to present by the Saint John Port Authority be
1/16/2012 referred to the Common Clerk for scheduling. n/a Common Clerk Incomplete
RESOLVED the report entitled M&C 2012-013: Traffic Line
Painting Truck be tabled and the City Manager be directed to
investigate whether the neighbouring municipalities would be
interested in cost-sharing the traffic line painting truck; and
further, that the cost of contracting out the service also be Common Clerk and
1/16/2012 investigated. n/a City Manager Incomplete
71
Date Made Resolution Councillor Staff Status
RESOLVED that as recommended by the City Manager in the
submitted report M&C 2012-20:Traffic Line Painting Future
Service Delivery:
1. Delay the purchase of updated traffic line painting equipment
and salting/sanding attachment, and
2. Direct the City Manager to complete a detailed Traffic Line and
Marking Service Outsourcing Decision review and recommend a
1/30/2012 service delivery model to Council in 2012. n/a City Manager Incomplete
That the letter from the Saint John Ability Advisory Committee
2/13/2012 regarding Transportation be referred to the Transit Commission. n/a Saint John Transit Incomplete
That as recommended by the City Manager in the submitted
report M&C 2012-046: Space Needs Analysis:
1.That The City of Saint John accept Ashford Properties Inc.'s
offer to perform,for the City, a space use optimization analysis
for the City's leasable area at City Hall; and further
3/12/2012 2.That Staff report back to Council upon receipt of the Report. n/a City Manager Incomplete
RESOLVED that the submitted letter from the Cities of New
Brunswick Association, dated February 14, 2012, regarding the
adoption of a by-law respecting Jacob brakes be referred to the
3/26/2012 City Solicitor for a report. n/a City Solicitor Incomplete
RESOLVED that item 11.2 Graffiti from the Common Council
agenda of March 26, 2012, be referred to the City Solicitor with a
view to preparing a report and recommendation on the
implementation of the graffiti management by-law for the City of
3/26/2012 Saint John. Mel Norton City Solicitor Incomplete
72
Date Made Resolution Councillor Staff Status
Common Council convene a Water Committee Meeting with
provincial and federal counterparts.The meeting would provide
an opportunity to exchange updates on the Safe, Clean Drinking
Water Program, and inquire as to whether the Government of
Canada is able to fund 50 percent of the costs to conduct the P3
Business Case and value for Money Study, and finally,to
determine the level of support and cooperation from the
4/10/2012 Government of New Brunswick. n/a City Manager Incomplete
RESOLVED that scenario four in the submitted report entitled
Sport Field Fee Increases proposing an hourly sports field rate
structure of$23.00 per hour for adults and $2.00 per hour for
youth, be approved by Council; and that as recommended by the
City Manager in said report, staff be directed to consult with
members of the public and stakeholder groups about an overall
policy guiding decisions on sport user fees and bring same back to
5/7/2012 Council for consideration. n/a City Manager Incomplete
RESOLVED that the funding for lifeguards at our beaches
previously withdrawn be re-instated, and further that the item be
referred to the City Solicitor to examine if there is a legal process
by which funding for lifeguards could be guaranteed annually and
5/7/2012 report back to Council. Ivan Court City Solicitor Incomplete
RESOLVED that as recommended by the City Manager in the
submitted report entitled ONE Change Inc. Proposal -Community
Centre Management& Operations, the City Manager be directed
to finalize a formal service agreement with ONE Change Inc.for
the operation of the C.E. Nicolle Community Centre for Council's
5/7/2012 consideration and approval. n/a City Manager Incomplete
73
Date Made Resolution Councillor Staff Status
RESOLVED that the City Manager be directed to present a
progress report to Council with regard to Rainbow Park. This
report should provide P.U.LS.E with the opportunity to update
6/18/2012 Council on the work it has undertaken with regard to same. Donnie Snook City Manager Incomplete
RESOLVED that report to Common Council highlighting the key
components of City's internal and external communication
strategy updating Council with regard to the various items
6/18/2012 outlined in Councillor Snook's submitted letter. Donnie Snook City Manager Incomplete
That the Multicultural Association of Saint John Inc. request for a
representative from The City to the Board of Directors of the
Multicultural Association, be referred to the Nominating Nominating
6/18/2012 Committee. n/a Committee Incomplete
RESOLVED that the Parking Commission be requested to
investigate a text-to-pay(mobile payment) system for submitting
parking violations and report back to council with a Saint John Parking
6/18/2012 recommendation in six weeks. Greg Norton Commission Incomplete
That as recommended by the City Manager in the submitted
report M&C 2012-173: Contractor Access on City of Saint John
Land that Council:
1. Give permission to a contractor or contractors to undertake
improvements to Rainbow Park subject to direction from City
staff.
2. Direct staff to prepare for Council's consideration a policy that
would set out suitable guidelines and criteria to allow staff to 'fast
7/3/2012 track' certain projects without seeking explicit Council approval. n/a City Manager Incomplete
RESOLVED that the letter from Councillor Farren entitled
Formation of the Energy and Trade Development Committee of
Common Council, be referred to the City Manager to seek input
7/3/2012 on the matter from representatives of the Irving Oil Refinery. Bill Farren City Manager Incomplete
74
Date Made Resolution Councillor Staff Status
RESOLVED that the City Solicitor be directed to prepare a
Procedural By-Law amendment so as to make it expressly clear in
section 3.10 of the By-Law that the two-thirds vote required is
two-thirds vote of the entire Council; and that the City Solicitor
be directed to prepare for Council's consideration that
amendment and, in addition the Solicitor be directed to bring to
Council's attention all provisions of the By-Law which establish a
two-thirds vote requirement and make any recommendation
necessary so as to clearly establish in each case of reference to a
two-thirds vote that it is either a two-thirds vote "of the entire
council" or"of the members present and not disqualified from
7/3/2012 voting". David Merrithew City Solicitor Incomplete
RESOLVED that the letter from Mary Ellen Carpenter dated June
20, 2012 Regarding Truck Routes be referred to the City
7/16/2012 Manager. n/a City Manager Incomplete
RESOLVED that the Police Commission be requested to
investigate the implementation of a Citizen Online Crime
Reporting System and report back to council with a
7/23/2012 recommendation in six weeks. Greg Norton Police Commission Incomplete
RESOLVED that, as Council's representative on the Transit
Commission, Councillor Snook will work directly with other
Municipalities in New Brunswick to ensure that necessary and
appropriate steps are taken in order to successfully advocate tax
reforms for public transportation in New Brunswick as outlined in
Councillor Snook's submitted letter, dated July 12, 2012, entitled
Public Transportation Tax Reforms and Innovative Transportation Saint John Transit
7/23/2012 Solutions Tax Relief and Reforms. Donnie Snook Commission Incomplete
75
Date Made Resolution Councillor Staff Status
RESOLVED that as suggested in Councillor Snook's submitted
letter, dated July 12, 2012, entitled Public Transportation Tax
Reforms and Innovative Transportation Solutions Tax Relief and
Reforms, Common Council request that Enterprise Saint John
explore potential partnerships/funding for the implementation of Enterprise Saint
7/23/2012 creative and innovative transportation options. Donnie Snook John Incomplete
RESOLVED that the City Manager, or his designate, be directed to
review upcoming Council agendas and prepare briefing notes on
7/23/2012 those issues which are likely to attract media attention. Shelley Rinehart City Manager Incomplete
RESOLVED that the City Manager and/or the Common Clerk be
directed to develop a briefing document for all groups or
organizations to which Council is asked to nominate or appoint
members.Those briefing booklets should, among other things,
clearly define the relationship between the group and Council,
any contractual or other documented agreements between the
group and Council and the nature of their appointment by City Manager and
7/23/2012 Council. Shelley Rinehart Common Clerk Incomplete
RESOLVED that the Nominating Committee be tasked with
developing a mechanism whereby(i) Council appointees provide
regular written updates on the activities of the organization to
which they have been appointed; (ii) Council appointees provide a
record of their attendance; (iii) Council appointees provide Nominating
information should a time sensitive issue come up that is of Committee and
7/23/2012 particular importance to Council or the City. Shelley Rinehart Common Clerk Incomplete
RESOLVED that the letter from Councillor Merrithew entitled
Budget Process Study be tabled pending a report from the City Common Clerk and
7/30/2012 Manager. David Merrithew City Manager Incomplete
76
Date Made Resolution Councillor Staff Status
RESOLVED that Council instruct the City Manager and City
Solicitor to determine the process and mechanics required to join
the two boards (Transit and Parking) and to report back to City Manager and
7/30/2012 Council. David Merrithew City Solicitor Incomplete
RESOLVED that the City Manager be directed to provide a report
outlining the legal and financial relationship between the City and
the Trade & Convention Centre and a summary of needed work
7/30/2012 and related costs. John MacKenzie City Manager Incomplete
RESOLVED that item 12.6 Synopsis and Comment Upon the
Regional Service Delivery Act be received for information; and
further,that the City Solicitor be authorized to distribute this
report to the Cities of New Brunswick Association and other
7/30/2012 municipalities. n/a City Solicitor Incomplete
RESOLVED that item 11.5 Criminal Record Checks for appointees Common Clerk and
8/13/2012 be referred to the Common Clerk and City Solicitor. Susan Fullerton City Solicitor Incomplete
RESOLVED that the City Manager be directed to examine the
truck routes in Saint John and make recommendations to
8/13/2012 improve public safety. Shelley Rinehart City Manager Incomplete
RESOLVED that the City Solicitor be directed to prepare a draft
fire prevention by-law, which is to include the cost of
8/13/2012 enforcement and cost recovery fees. n/a City Solicitor Incomplete
RESOLVED that the submitted report entitled By-Law Respecting
Unsecured Refuse on Properties, be received for information; and
further, the City Solicitor be directed to report back with a draft
By-Law Respecting Unsecured Refuse on Properties, by the end of
8/13/2012 November 2012. n/a City Solicitor Incomplete
RESOLVED that the City Manager be directed to devise a plan to
complete the outstanding resolutions of Council appearing on the
8/13/2012 Actionable Items/Record of Motions document. Bill Farren City Manager Incomplete
77
Date Made Resolution Councillor Staff Status
RESOLVED that the report M&C 2012-203: Adding Topsoil and
Grass Seed to Vacant lots after a Dangerous Building has been
Demolished by the City be received for information; and further,
the City Manager be directed to examine additional possible
8/13/2012 methods to supply topsoil to vacant lots. John MacKenzie City Manager Incomplete
That the letter from Carleton Branch#002 regarding moving the
8/27/2012 cenotaph back to Tilley Park be referred to the City Manager. n/a City Manager Incomplete
RESOLVED that item 11.3 Press Releases (Councillor Fullerton) be
8/27/2012 referred to the City Manager for a report and recommendation. Susan Fullerton City Manager Incomplete
RESOLVED that all lawsuits presently underway by the City be
disclosed, in detail, to Mayor and all members of Common
Council immediately, and that this is done in each and every City Solicitor and
8/27/2012 instance going forward. Susan Fullerton City Manager Incomplete
RESOLVED that all lawsuits currently being advanced against the
City, and all lawsuits against the City, of which the City is aware,
be disclosed, immediately, in detail,to the Mayor and all
members of Common Council, and that this is done in each and City Solicitor and
8/27/2012 every similar instance going forward. Susan Fullerton City Manager Incomplete
That the request to present to Council from the Saint John Board
9/10/2012 of Police Commissioners be referred to the Clerk to schedule. n/a Common Clerk Incomplete
RESOLVED that the letter from Councillor Norton entitled Simms
Corner be referred to the City Manager to arrange a meeting
between City staff and Mr.Alan Benton, P. Eng.; and further, prior
to a presentation being scheduled with Common Council that a
report and recommendation be received from the City Manager
9/10/2012 on this item. Greg Norton City Manager Incomplete
78
Date Made Resolution Councillor Staff Status
RESOLVED that Council direct the City Manager to report to
Council in closed session within the next 30 days with respect to
filling various staff vacancies, including that of the Deputy Fire
9/10/2012 Chief. Shirley McAlary City Manager Incomplete
RESOLVED that as recommended by the City Manager in the
submitted report M&C 2012-233: Construction of Mattro Street,
Bally Desmond Subdivision Phase 3 that Common Council agree
to reimburse A.J. Mallette and Sons (1985) Limited for those costs
associated with the cost of constructing the extension of Mattro
Street from the Mallette and Sons property line westward to
Jadvo Street consistent with the Saint John Subdivision Bylaw and
the City's General Specifications respecting the construction of
streets.
Further, it is recommended that the City Solicitor be directed to
prepare or revise the necessary City/Developer Subdivision
Agreement to ensure provision of the required work and facilities
9/10/2012 and the City reimbursement proposed. n/a City Solicitor Completed
2. Direct staff to examine all remaining Truck Routes in the City of
Saint John in conjunction with the preparation of an updated
9/10/2012 Transportation Strategic Plan. n/a City Manager Incomplete
RESOLVED that the letter from the Millidgeville-North End Lions
regarding the Charles Gorman Canteen be referred to the City
9/10/2012 Manager. n/a City Manager Incomplete
RESOLVED that Council request that the City Solicitor report back
to Council regarding a previous Council resolution respecting
9/10/2012 vendors in public spaces. n/a City Solicitor Incomplete
RESOLVED that the report from Morgan Lanigan regarding a
proposed traffic calming pilot program for pouglas Avenue be
9/24/2012 referred to the City Manager. n/a City Manager Incomplete
79
Date Made Resolution Councillor Staff Status
RESOLVED that the City Manager arrange for senior staff to
complete a confidential 360 Review of inembers of Council the
results of which would only be shared with the individual who is
reviewed and the Mayor; and further, that Council complete a
9/24/2012 360 Review of the Mayor. Mayor Mel Norton City Manager Incomplete
RESOLVED that Council direct the City Solicitor to amend By-law
M-27 to include the mandatory use of an approved helmet and
9/24/2012 further that the amendment be referred to as Josh's Law. Greg Norton City Solicitor Incomplete
RESOLVED that Council direct the City Manager to investigate the
9/24/2012 elimination of Chesley Drive and Douglas Avenue as truck routes. John MacKenzie City Manager Incomplete
RESOLVED that the City Manager arrange a time to have all of
Council brought up to speed on the pension changes that were
put forward to the legislature for needed changes, otherwise
10/1/2012 known as S7b. Bill Farren City Manager Incomplete
RESOLVED that the City Manager be directed to create a policy
whereby heavily traveled streets in The City are paved in the off
hours, and further, in cases where off hour paving is done that it
not exceed 10 percent of normal cost and if so it is brought back
10/1/2012 for Council to decide on the value of doing so. Bill Farren City Manager Incomplete
RESOLVED that the report entitled Planning Advisory Committee:
Skills Matrix be referred back to the Planning Advisory Committee
with the request that it submit a skills matrix to Common Council Planning Advisory
10/1/2012 in order to help ensure diversity on the committee. n/a Committee Completed
RESOLVED that the request from the Canadian Folk Music Awards
10/1/2012 2012 Saint John Committee be referred to the Clerk to schedule. n/a Common Clerk Incomplete
That the Discover Saint John request to present be referred to the
10/9/2012 clerk for scheduling. n/a Common Clerk Incomplete
80
Date Made Resolution Councillor Staff Status
RESOLVED that item 15.1 entitled Harbour Skating Club—Request
for Free Ice Time be referred through the City Manager to the
10/9/2012 Regional Mayor's Caucus. n/a City Manager Incomplete
RESOLVED that item s11.1 entitled Parking on Douglas Avenue
(Councillor MacKenzie) be referred to the City Manager to receive
10/9/2012 input from the Parking Commission and Municipal Operations. John MacKenzie City Manager Incomplete
RESOLVED that item s11.2 Animal Control By-Law(Councillor
MacKenzie) be referred to the City Manager and City Solicitor to
draft appropriate language for a proposed by-law amendment,
and further that this be brought back to Council for approval City Manager and
10/9/2012 within thirty days. John MacKenzie City Solicitor Incomplete
RESOLVED that the City look into maintaining its vacant lots and
10/15/2012 that an acceptable standard of maintenance be established. Donna Reardon City Manager Incomplete
RESOLVED that a revised policy with respect to requests by
organizations to present to Council wherein organizations would
provide a written submission to the Common Clerk's office to be
added to the agenda for Council's review and that Council will
make a decision as to the organizations that will appear before
Council and further that the presentations be grouped together;
and that Items 15.1 through 15.3 regarding the requests to
present by various organizations are subject to this policy, be
10/15/2012 adopted. n/a Common Clerk Incomplete
11.1 RESOLVED that the City Manager be directed to advise
Council of the list of vacant lots and lands, including parking lots,
10/22/2012 that could be advertised for sale. David Merrithew City Manager Incomplete
81
Date Made Resolution Councillor Staff Status
12.6 RESOLVED that as recommended by the City Manager in the
submitted report M&C2012-272 City Market Head Tower—
Hydraulic Flushing of Sprinkler Lines:
4)The Common Council refers the recommendation for a two-
phased approach to the renovation of the City Market Head City Manager 2013
10/22/2012 Tower to 2013 budget deliberations n/a Budget Incomplete
14.2 RESOLVED that the Actionable Resolutions— Reflecting up to City Manager, City
the October 15 Council Meeting be referred to the City Manager, Solicitor, Common
10/22/2012 Solicitor and Common Clerk to update the list. n/a Clerk Incomplete
5.1 That the letter from the Saint John Fire Fighters' Association
10/29/2012 regarding collective bargaining be referred to the City Manager. n/a City Manager Incomplete
11.1 RESOLVED that the City Manager be directed to provide a
report on the current status of Glen Falls flooding issues by
December 1, 2012,which is to include the current schedule for
10/29/2012 emptying the trenches, and the current status to maintain them. Ray Strowbridge City Manager Incomplete
82
Date Made Resolution Councillor Staff Status
1. All agencies, boards and Commissions ("ABCs") appointed by
Council must give a written report outlining number of ineetings,
attendance, activities and decision making on a bi-annual basis;
by the end of June and before mid-November unless otherwise
directed by Common Council. Some major ABC'S may wish to
report in person to Common Council on a more regular basis and
that will be determined on an individual basis at the wish of
Common Council
2. All appointments made by Council for all ABC'S will be for a
period of three years with the possibility of one re-appointment
term of three years which would allow an individual to serve a
total of six years. After an individual has served a total of six
years the individual must remain off that particular ABC for a
period of at least one year. This will become effective as of the
date of this report being approved by Common Council.
3. If Members of Common Council are nominated to serve on any
given ABC they will serve only their full term of Council period.
4.The Nominating Committee should be conscious of the fact of
appointing citizens to only one ABC, in order that more
individuals may have the opportunity to serve.
5. As a first step towards ensuring that our ABC'S are more Common Clerk and
accountable to Common Council, each ABC should fully Nominating
10/29/2012 understand their mandate and should understand what skill sets Shirley McAlary Committee Incomplete
11.3 RESOLVED that the report entitled Funding for Transit in
2013 Budget (Councillor Snook) be referred to the 2013 budget City Manager 2013
10/29/2012 deliberations. Donnie Snook Budget Incomplete
83
Date Made Resolution Councillor Staff Status
RESOLVED that Council request a report from the Saint John
Transit Commission which outlines all of the revenue generated
outside of daily operations, or normal routes (ie chartered tours
for cruise ship passengers) and any new initiatives that Saint John Saint John Transit
10/29/2012 Transit has taken since May 2012 to improve revenue generation. John Mackenzie Commission Incomplete
11.4 RESOLVED that the report entitled Affordability of Aquatic
Center Public Swims (Councillor Snook) be referred to the Aquatic Aquatic Centre
10/29/2012 Centre Commission. Donnie Snook Commission Incomplete
11.5 RESOLVED that the following resolution adopted by Council
on June 7, 2010: "RESOLVED that as recommended by the City
Manager in the submitted report M &C 2010-195: Cedar Point
Estates Development Standards and Infrastructure Maintenance,
Common Council consider the issues and options outlined in said
report, and direct staff to develop a long term strategy, in
consultation with the neighbourhood and developers,for
appropriate future standards for these developments" be
prioritized by City Staff and that a follow up has occurred within
10/29/2012 14 days of today's date. Susan Fullerton City Manager Incomplete
RESOLVED that the report entitled City Owned Vehicle Policy be
referred back to the City Manager to return with a
recommendation to update the policy,for example remove the
provision that permits vehicles to be taken home by staff, or
prohibit vehicles being taken outside the city boundaries unless it
10/29/2012 is for city related business. Bill Farren City Manager Incomplete
15.1 RESOLVED that the report entitled Saint John Theatre
Company—Fundy Fringe Festival be referred to the 2013 budget City Manager 2013
10/29/2012 deliberations. n/a Budget Incomplete
15.2 RESOLVED that the report entitled Saint John Theatre
Company—Annual Operating Funding be referred to the 2013 City Manager 2013
10/29/2012 budget deliberations. n/a Budget Incomplete
84
Date Made Resolution Councillor Staff Status
11.1 RESOLVED that Council consider reinstating the Spring Clean
Up program beginning in the spring of 2013; and further that the
City Manager be directed to submit a report including the cost of
administering this program as well as any savings realized by the
City when it discontinued the outsourcing of curbside garbage
pick-up to FERO Waste & Recycling Inc.; and further that this City Manager 2013
11/13/2012 matter be referred to budget deliberations. David Merrithew Budget Incomplete
12.1 RESOLVED that as recommended by the City Manager in the
submitted report M&C 2012-275: Bike Route -Campus Harbour
Connection Common Council:
4. Direct the City Solicitor to place in proper translated form the
following amendments to the City's Traffic By-Law for Council's
consideration when the bike route is implemented in 2013:
a.Add Adelaide Street with limits Harrington Street to Metcalf
Street to Schedule M-4 (40 KM/H Speed Limits);
b. Add Metcalf Street with limits Main Street to Lansdowne
Avenue to Schedule M-4 (40 KM/H Speed Limits); and
c. Delete Metcalf Street with limits Main Street to Lansdowne
11/13/2012 Avenue from Schedule K (Truck Routes). n/a City Solicitor Incomplete
15.2 RESOLVED that the letter entitled The Hardman Group Ltd.—
New Year's Eve Celebrations 2012 be referred to the City
11/13/2012 Manager. n/a City Manager Incomplete
16.1 RESOLVED that Common Council request that the Saint John
Police Commission submit a report within 30 days regarding the
feasibility of using existing City By-Laws such as the Sidewalk By-
Law and Traffic By-law to be more proactive in removing
prostitutes from the uptown area, specifically on Cliff Street,
Coburg Street, Paddock Street, Peter Street, Garden Street and
11/13/2012 Waterloo Street. Susan Fullerton Police Commission Incomplete
85
Date Made Resolution Councillor Staff Status
16.3 RESOLVED that the submitted report entitled Saint John
Parking Commission—Feasibility of Text to Pay System for
11/13/2012 Payment of Parking Fines, be referred to the City Manager. n/a City Manager Incomplete
16.4 RESOLVED that the submitted report entitled Saint John
Parking Commission—Pay by Phone System for Parking Meters,
11/13/2012 be referred to the City Manager. n/a City Manager Incomplete
16.6 RESOLVED that the letter entitled Hodges Hamm - Real
11/13/2012 Estate Signs on Public Property be referred to the City Manager. n/a City Manager Incomplete
17.1 RESOLVED that the Commissioner of Finance and
Administrative Services be directed to request from the Commissioner of
Superintendent of Pensions deferral of additional contributions Finance and
required as a result of the 2011 Actuarial Valuation until such Administrative
11/13/2012 time as the result of the reform process has been finalized. n/a Services Incomplete
11.1 RESOLVED that the City Manager and appropriate staff be
directed to initiate discussions with the Saint John Port
Corporation to explore the potential for using the Long Wharf site
11/19/2012 as a potential location for a 4-Plex recreation facility. Mel Norton City Manager Incomplete
11.3 RESOLVED that the letter from the Councillor Snook entitled
Community Plans/Revitalization Strategy for Urban Core
Neighbourhoods be referred to the City Manager for input and
direction from our City's Growth and Development Services
Department with regard to the creation and implementation of
Community Plans/Revitalization Strategy for the above named
11/19/2012 urban core neighbourhoods. Donnie Snook City Manager Incomplete
86
Date Made Resolution Councillor Staff Status
16.6 RESOLVED that as recommended by the City Manager in the
submitted report entitled City of Saint John and Atlantic Canada
Opportunities Agency's Community Infrastructure Improvement
Fund: Common Council:
1. Direct City Manager to immediately prepare and submit an
application to ACOA for the City Market Head Tower
Revitalization project under the Community Infrastructure
11/19/2012 Improvement Fund. n/a City Manager Incomplete
16.7 RESOLVED that the report M&C 2012-260: 2013 Water and
Sewer Utility Capital Budget Common Council be tabled until
November 26, 2012.
16.13 RESOLVED that the submitted report M&C 2012-281:
Proposed 2013 Operating Budget—Water and Sewerage Utility
11/19/2012 Fund be tabled until November 26, 2012. n/a Common Clerk Incomplete
17.1 RESOLVED that notwithstanding the hiring freeze, the City
Manager be directed to proceed with filling following positions:
Commissioner of Growth and Development; Manager of
Industrial Relations; Manager of Staffing and Development;
11/19/2012 Facilities Management Position; Communications Officer. n/a City Manager Incomplete
16.2 RESOLVED that the letter from Councillor Merrithew entitled
Meetings Between City Staff and Local Builders and Developers
be referred to the City Manager for a report outlining the
appropriate structure and terms of reference for the proposed
11/19/2012 meetings between staff and developers. David Merrithew City Manager Incomplete
16.8 That the letter from the Loch Lomond Water Protection
Association regarding the protection of lakes be referred to the
11/26/2012 City Manager. n/a City Manager Incomplete
5.1 That the letter from the Saint John Mill Rats regarding the
2013 NBL Canada All Star Weekend be referred to the City City Manager 2013
12/3/2012 Manager and 2013 Budget Deliberations. n/a Budget Incomplete
87
Date Made Resolution Councillor Staff Status
11.1 RESOLVED that the letter from Councillor Farren entitled
Creating Better Departmental Efficiencies be referred to the City City Manager and
12/3/2012 Manager and City Solicitor for a report and recommendation. Bill Farren City Solicitor Incomplete
11.1 RESOLVED that the letter from Councillor Farren entitled
Creating Better Departmental Efficiencies be referred to the City
Manager to review all departments to see if a similar type of
12/3/2012 benchmark can be used in the near future. Bill Farren City Manager Incomplete
Ad Hoc Committee
13.1 RESOLVED that the report entitled Planning Advisory to Review Boards,
Committee: Skills Matrix be referred to the Ad Hoc Committee to Commissions and
12/3/2012 Review Boards, Commissions and Committees. n/a Committees Incomplete
16.2 RESOLVED that as recommended by the City Manager in the
submitted report M&C 2012-292: Proposed Public Hearing Date-
8 Rockwood Avenue, 1875 & 1925 Bayside Drive, 345 Boars Head
Road (Cambridge Estates) and 2112 Bayside Drive the Common
Council schedule the public hearings for the rezoning applications
of Haldor (1972) Ltd. (8 Rockwood Avenue), Hughes Surveys &
Consultants Inc. (1875 & 1925 Bayside Drive, 345 Boars Head
Road/Cambridge Estates, and 2112 Bayside Drive)for Monday,
January 7, 2013 at 7:00 p.m. in the Council Chamber, and refer
the applications to the Planning Advisory Committee for a report Planning Advisory
12/3/2012 and recommendation. n/a Committee Incomplete
16.8 RESOLVED that the request to present from AIDS Saint John
12/3/2012 be referred to the Common Clerk to schedule. n/a Common Clerk Incomplete
17.2 RESOLVED that the interest arbitration award dated
November 8, 2012 respecting the terms of a collective agreement
between the City of Saint John and the IAFF Local 771 be referred
12/3/2012 to the City Solicitor for his advice. n/a City Solicitor Incomplete
88
Date Made Resolution Councillor Staff Status
12.1 RESOLVED that the report from the Common Clerk dated Ad Hoc Committee
December 10, 2012 entitled Agencies, Boards and Commissions to Review Boards,
Resolutions be referred to the Ad Hoc Committee to Review Commissions and
12/10/2012 Boards, Commissions and Committees. n/a Committees Incomplete
16.8 RESOLVED that as recommended by the City Manager in the
submitted report entitled City of Saint John Application to the
Environmental Trust Fund, Common Council direct the City
Manager to immediately prepare and submit an application to
the Department of Environment and Local Government for the
Rockwood Park Compost Program under the Environmental Trust
12/10/2012 Fund. n/a City Manager Incomplete
16.15 RESOLVED that as recommended by the City Manager in
the submitted report M&C 2012-287: Spring Clean Up Program
Common Council:
1. Continue to provide the Bulky Items Pick-Up, White Goods
Drop Off and Christmas Tree Drop Off Programs,
2. Direct the City Manager to include funding in the amount of
$380,000 in the supplementary request to be presented with the
annual Solid Waste Management Operating Budget, for spring
12/10/2012 clean-up. n/a City Manager Incomplete
15.1 RESOLVED that the request for$1000 to support the
celebration of National Canoe Day be referred to the City
12/17/2012 Manager. n/a City Manager Incomplete
16.5 RESOLVED that as recommended by the City Manager in the
submitted report M&C 2012-301: Proposed Public Hearing Date-
78 Prince William Street Common Council schedule the public
hearing for the rezoning application of Hazen Investments Limited
(78 Prince William Street)for Monday,January 28, 2013 at 7:00
p.m. in the Council Chamber, and refer the application to the Planning Advisory
12/17/2012 Planning Advisory Committee for a report and recommendation. n/a Committee Incomplete
89
Date Made Resolution Councillor Staff Status
16.6 RESOLVED that the projects specified in the submitted report
12/17/2012 be sent to public tender. n/a City Manager Incomplete
16.9 RESOLVED that the request to present from King Street East
property owners be referred to Planning through the City
Manager for a report to Council including previous minutes on
the subject; and further that it be referred to the Clerk for City Manager and
12/17/2012 scheduling. n/a Common Clerk Incomplete
12.1 RESOLVED that the 2013 General Fund Operating Budget be
1/2/2013 tabled to the meeting of January 7, 2013. n/a Common Clerk Completed
13.1 RESOLVED that the submitted letter from the Canada Games
1/2/2013 Aquatic Centre Comission dated November 28, 2012 be tabled. n/a Common Clerk Incomplete
16.2 RESOLVED that the City Manager be directed to arrange a
pension information session in collaboration with the City union
representatives, Susan Rowland of the Pension Task Force, and
the Superintendent of Pensions for the benefit of the City's past
1/2/2013 and present employees. John Mackenzie City Manager Incomplete
16.2 RESOLVED that as recommended by the City Manager in the
submitted report Play SJ - Parks and Recreation Strategic Plan
Draft Report:
1. Council direct the Common Clerk to schedule a high level
presentation of the highlights and recommendations of this
report in January;
2. Council direct staff to hold an additional public meeting to
solicit feedback on the recommendations of this report; and
3.This report be tabled until staff can report back with any City Manager and
1/7/2013 revisions to the report resulting from the public feedback. n/a Common Clerk Incomplete
90
Date Made Resolution Councillor Staff Status
RESOLVED that Common Council for the City of Saint John instruct
the City Manager to conduct a comprehensive cost/benefit
analysis of lease versus own options available to Council within
the 2016 termination timeframe including both capital and
operating expenses associated with each option presented,
1/7/2013 within six months. John MacKenzie City Manager Incomplete
9.6 RESOLVED that the City Manager direct staff to review and
advise on the status and enforcement of the Section 39
conditions being imposed on the properties at 2112 Bayside Drive
1/7/2013 and 1875 & 1925 Bayside Drive. n/a City Manager Incomplete
5.2 That as recommended by the City Manager in the submitted
report M&C 2012-279: Proposed Zoning Bylaw Amendment to
Regulate the Keeping of Chickens Common Council refer the
proposed Zoning Bylaw Amendment to the Planning Advisory Planning Advisory
1/14/2013 Committee for its review and recommendation. n/a Committee Incomplete
11.1 RESOLVED that the City Solicitor be directed to determine
what authority the City has in regards to restricting access to
lake/lands with respect to hydrofracking and whether the City has
1/14/2013 authority to draft an appropriate resolution. David Merrithew City Solicitor Incomplete
13.2 RESOLVED that item 13.2 Saint John Board of Police
Commissioners Response to Council Resolution respecting Sex
Trade Workers be tabled until such time that the Chief of Police is
1/14/2013 available. n/a Common Clerk Incomplete
16.1 RESOLVED that the letter received from Sculpture Saint John
regarding the NB International Sculpture Symposium be received
for information and further that Diana Alexander and the
committee be thanked for the work done with respect to
1/14/2013 Sculpture Saint John 2012. n/a Common Clerk Completed
91
Date Made Resolution Councillor Staff Status
16.4 RESOLVED that the Actionable Resolutions report be
referred to the City Manager to be completely updated with the
assistance of inembers of Council if desired and that it be
removed from the agenda until such time as it is updated, subject
to advice from the Common Clerk with respect to the original
1/14/2013 motion and if that motion must be rescinded by Council. n/a City Manager Incomplete
92
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January 18, 2013
TI�C�i?��af Saiut lo�n
His Worship Mayor Mel Norton and
Members of Common Council
Your Worship and Councillors:
SUBJECT: Water 8� Sewer Utility 20'i3 Operating Budget
Background:
At the Common Council meeting ot December 3, 2012 the following
resolutions relating to the Water & Sewerage Utilify 2013 Operating Budget
were adopted:
'!. RESOLVED that the estimated revenue for the Water and
Sewerage Utility for the year 2013 in the amount of $38,768,OOQ
be adopted (Appendix "A");
2. RESOLVED that the estimate of expenses for the Water and
Sewerage Utility for the year 2013 in the amount o# $38,768,000
be adopted (Appendix "B");
3. RESOLVED that the By-Law ent�tled A By-Law to Amend a By-
Law Respecting Water & 5ewerage (Appendix "C") be given first
and second reading.
On December 10, 2012 the following resolution was adopted relating to the
Water& Sewerage rates for 2013:
RESOLVED fhat as recommended by the City Manager in the
submitted report Proposed 2013 Water and Sewerage Rate
Revision, Common Council approved tne 2013 revised rate sc�edule
as submitted and adopt same at third reading of the Water ancf
Sewerage Bylaw Amendment process.
The purpose of this motion was to reduce the proposed rate increase from
7.4% to 3.6%.
93
Rcport to Common Council Page 2
January 18,2013
The municipality is required to submit the Water and Sewerage Utility
operating b�dget to the province. A component of this submFSSion is a form
signed by the Mayor and the Clerk tha� certifies that the Council of the
Municipaf�ty adopted a resolution that states the amount of the revenues
and expenditures for the Utility for the ensuing year. The Water and
Sewerage Utifity of The City of Saint John operates on a budget period of �
calendar year. Consequently The City is reqUired by section 189(4) of the
Munrcipalities Act to produce an annually balanced budget.
Although the motion adopted on December 10, 20'i2 did amend the rate,
the motion should also have included revised amounts far the revenues and
expenditures for 2013 upon whicF� the revised rates were based. In order
for the 2013 Water and Sewerage Utility Operating budget to filed with the
Province, the following resolutions need to be adopted.
RECOIUIMENDATION:
That Common Council adopt the following resolutions:
RESOLVED that the December 3, 2012 resolution of Common Council
adopting as the estimated revenue for the Water and Sewerage Utility for
the year 2013 the amount of $38,7fi8,OQ0 be amended by deleting
"$38,768,000" and substituting "$37,679,000";
AND FURTHER BE IT RESOLVED fhat the December 3, 2012 resolution of
Common Councii adopting as the estimate of expenses for the Water and
Sewerage Utility for the year 2013 the amount of $38,76$,000 be amended
by defeting "$38,768,000" and substituting "$37,679,000".
RespectFu�ly submitte ,
Gr gory J. Ye ans, CGA, MBA
Commissioner of Finance and Administra#i�e Services
94
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January 5, 2013 =#--= �'
- ,..a
'i'��C�ty��Sai�.)of�
His Worsl�ip Mayor Mel Norton and
Members of Common Council
Your Worship and Councillors,
Subject: Fundy Qu�y—Phase 3 Environmental
As per the attached correspondence, the Saint John Dcveloprnent Corporation has advised that it
is necessary to undertake a Phase 3 Environmcntal Assessxx�ent of the Fundy Quay site in order
to expedite planned development activity.
Stantec Engineering has prepared the Phase 1 and 2 reports for Public Works Canada and the
Saint John Development Corporation. Given their previous experience and first hand knowledge
of the site a proposal was songht from this firm to continue with the Phase 3 asscssment.
The cost of the assessment is estimated at $49,700 plus HST. Should a Remediation Action P�an
be rcquired this will cost an additional $10-25,000. Therc are sufficient funds remaining in their
2012 capital envelope to fund the Phase 3 assessment. The cost of additional remediation
analysis or contingencies would be funded frorn the SJDC 2013 capital budget.
Recommendation
That Stantec Engineering be engaged to provide a Phase 3 Environmental Assessment at Fundy
Quay as per the terms of their subrnitted proposal dated Jannary 15, 2013 and that the Mayor and
Comrnon Clerk be authorized to sign.the a�-eement.
Res ectfully s mitted,
. , l L, �
. atrick Woods CGA
Ci Manager
95
SAI NT JO!—i N DEVELOPM�NT CORPQRA�"tON
P.O. 8ox 7Z00, Saint John, New Brunswick E2L 456 Tei: 505-649-6066 Fax: 506-649-6068
January 16, 2013
Mayor and Common Council
City of Saint John
New Brunswick
Dear Mayor and Councillors;
RE: Phase 3 Environmental Assessment— Fundv Quav
The historical review of the prope�ty known as Fundy Quay (formerly Canadian Coast
Guard site} indicates the lands in 1783 were lying below the high water line of the
harbor and by 1837 there existed a series of wooden finger piers that included a variety
of buildings and structures. By the 1920's the records show early stages of in-filling and
between 1923 and the mid-late 1950's the land in question was in-filled to its current
state.
The in-filling occurred in and around and on top of the existing piers, which by this time,
several piers had deteriorated and had either collapsed or were easily toppled due to
the in-filling. Loose aggregate, stones of varies sizes and fill material from unknown
sources was utilized to complete the in-filling.
In 2002, Public Works and Government Services Canada (PWGSC) commissioned
Phase 1 and Phase 2 Environmental Assessments which were conducted by Stantec
Engineering. The Phase 2 Assessment indicated the site contained minor
contamination.
In 2010, Stantec Engineering was commissioned by Saint John Developmen#
Corporation (SJDC) to conduct a Phase 1 Environment Assessment of the Wa#er Street
parking lot (which now forms pa�t of the Fundy Quay site) and this assessment showed
evidence of potential environmental contamination.
1
..�u
96 � k . -
Remediation of Fundy Quay will be required in order ta complete the Purchase and Sale
of the property to a new developer. Th�re are four stages of potential restoration
regarding environmental matters;
Phase 1 — documentation review
Phase 2 — identifying presence or absence of contaminants
'v Phase 3 —determining extent of contamination and es#imated costs to remediate
Phase 4— developing a remediation plan and/or environment management plan
A Fundy Quay Phase 3 Environmental Assessment stage is required.
Under the current circumstances, SJDC is pressing hard to complete the Purchase and
Sale of Fundy Quay to a new developer. In order to expedite the due diligence process
there is the option of working directly with Stantec Engineering. Stantec Engineering
has substantial experience with the Fundy Quay lands.
Stantec Engineering has been utilized on these lands to conduct the following;
• Phase 1 Environmental Assessment (CCG Site) - PWGSC
• P�ase 2 En�ironmental Assessment (CCG Site) - PWGSC
• Environmental Overview and Next Steps Analysis - SJDC
• Phase 1 Environmental Assessment— (Water Street Parking Lot)— SJDC
• Structural integrity review (Red Schoolhouse) — SJDC
Stantec Engineering has comprehensive knowledge and detailed awareness ot the
Fundy C2uay lands and in the past has reviewed and assessed other associated reports
including, Building Conditions Reports and the Historical Review of the lands.
The Stantec professional staff that conducted the original Phase 1 and 2 Environmental
Assessments and the Environment Orrerview is stilf employed by Stantec (Saint John
office) and would form part of the team to conduct the Phase 3 Environmental
Assessment.
In recent years, The City of Saint John (based on discussions with Bill Edwards) and
SJDC have had success working with Stantec Engineering and have first-hand
experience with their efficient and experienced staff. As well, past performance
indicates cost effective delivery of top quafity field work, administration and reporting.
2
97
A meeting was held with Stantec Engineering regarding the Phase 3 Environmental
Assessment timelines and costs. According to Stantec representatives, the assessment
can begin immediately and will take 10 weeks at a cost of$49,700 +HST. Should a
Remediation Action Plan and/or Environment management Plan be required it would be
an additional $1�,0�0 - $25,000 depending upon the magnitude of the contaminant
situation. (Actual removai of contaminants is a separate cost).
Considering #he questionable "level of contamination", it would be prude�t to budget for
costs of$49,700 + $25,Q00 plus a 20% contingency ($14,900} for unknown factors that
may or may not arise, which would be an overall Phase 3 Environmental Assessment
cost of$89,600 + HST.
The General Manager, SJDC and the Chief City Engineer support the Phase 3
Environmental Assessment proposa! submitted by Stantec Engineering.
Based on the available timelines and the opportunity to expedite this situation it would
be appropriate to utilize Stantec Engineering.
Regards;
C �/�� __ ._
�-- �,
.�-r--.-�_
J. Charles Swanton
Chairman
3
98
S18�niec Consuiting L#d.
L:'' ' 13Q Somerset Siree�
a�'� Saini John NB
E2K 2X4
����� Tel: (508)634-2185
_._______.�.__.___-_____ Fax:(5Q6)634-8104
5�11�'P.:
January 15, 2013
File: 121899000
Opportunity ID: 411640
Saint Jol�n Wate�front Development
1 Market 5quare Suite 301
Saint John, NB E2L 4Zfi
Attention: Mr. Kent Maclntyre,General Manager
Dear Mr. Maclntyre:
Reference: Fundy�uay Development—Phase Ili Environmental Sfte Assessment Propasal
Former Canadian Coast Guard Site
Further to your request of January 10, 2013 and our subsequent discussions of January 15, 2013, Stantec
Consulting Ltd. (Stantec� is pleased to provide you with our proposal to complete the above captioned
assessment on the three property parcels that currently make up the Canadian Coast Guard (CCG)site, now
known as Fundy Quay. The property parcel identifier(PID) numbers are 55209159, 55011894 and
55209167.
7he scope of the proposal for a Phase III Environmental Site Assessment(ESA)has been defined based on
our understanding that the six-acre site witl be developed in the future for mixed residential and commercial
land use and the current requirements to provide a reasonable degree of site characterization in order to
develop appropriate remedial action plans to deal with contamination (and potential wastes),where required.
One of the driving assumptions based on our discussion with you is that the entire site is to be considered for
residential use.
We have considered the results of the previous assessment work completed in 2002 and 20i 0 that revealed
potential impacts associated with petroleum hydrocarbons, polycyclic aromatic hydrocarbons, and trace
metafs. Ground disturbance and excavations will be required in cannection with the proposed development
and as such, it will be necessary to evaluate the environmental suitability of the site for the proposed
construction and the potential to generate contaminated wastes.
Based on our understanding of yaur current requirements, the objectives and scope of the proposed
assessment are outlined below for your consideratian.
OBJECTIVES
The objectives of the assessment woric are:
1. To prepare a preliminary regulatory strategy to determine potential requirements and costs for
environrr�ental approvals and perrrsits that may be required in connection with the propased development;
and,
2. To complete assessments ihat characterize soil and groundwater conditions, including potential
contaminants, and provide a basis to evaluate potential remedial requirements and costs.
99
Stallte[
January 15,2013
Mr. Kent Maclntyre
Page 2 of 6
Reference: Fundy Quay Development—Phase III Environmental Site Assessment Proposal
Former CanadEan Coast Guard Slte
Under New Brunswick's Contaminated Sites Management Process, a Responsible Party(i.e.,property
owner) is required ta prepare a Remedial Action Plan (or"management plan")to address potential human
and environmental health exposures associated with a contaminated site. A Remedial Action Plan would
routinely prescribe remedial or controf ineasures that are required to manage the identified contamination.
The scope of remedial ar contro! measures are best established once an adequate level of site
characterization is obtained. Typically the Remedial Action Plan is developed in consultation with the client
and the New Brunswick Department of Environment and Local Government(NBDELG) and agreement is
made on a reasonable solution.
SCOPE OF WORK
Our identified 5cope of Work based on your requirements is listed in Table 1 and in the text below.
Task 1
Stantec will review current federal and provincial environmental laws to determine their applicability to the
proposed development planned for the subject property, as currently defined. Based on our current
understanding of the proposed development and the applicable regula#ory framework,#he reievant laws and
reguiations that will be considered include:
• New Brunswick Environmental Impact Assessment Regulation;
• New Brunswick Watercourse and Wetland Alteration Regulation;and
• Canadian Environmental Assessment Act, 2U12 and current regulations.
As currently defined, it is assumed the development will not result in regular air or water emissions, and
potent+al interaction witF�the marine environment will be limited to the maintenance activities for the sea wall
{i.e., no alteration of fish habitat and no potential effect on navigation). Under these assumptions,the
pravisions of the Fisheries Act(recently amended�and/or the Navigation Protection Act(recently passed to
supersede the former Navigable Waters Protection Act, but not yet in force)are not likely to apply to such
activities, but this will nonetheless be confirmed as part of the review.
Task 2
A typical scope of work for an intrusive environmental investigation includes:
• Meet with owner representatives and utility companies to locate underground senrices;
• Drill boreholes to depths of up to 6 m and install monitoring wells;
• Visually classify the material encountered in the boreholes and colfect soil samples using split spoons ior
laboratory testing;
• Screen soil samples for organic vapour concentrations (i.e., headspace vapour analysis using a Photo-
ionization detectar);
• Survey the manitoring wells to a local benchmark;
• Measure the groundwater elevation in each monitoring well;
• Develop and collect water samples from the monitoring wells for laboratory testing;
• Submit selected soil and groundwater samples for selected ar�alyses{see Tabfe 2 for Laboratory Testing
Program);and
• Prepare a report summarizing the results of the work including summaries of soil and groundwater
conditions and comparisons of laboratory testing results to environmental screening criteria.
100
Stdnbec
January 15,20�3
Mr. Kent Maclntyre
Page 3 of 6
Reference: Fundy Quay Development—Phase II! Envirpnmental Site Assessment Pra}�osal
Former Canadlan Coast Guard Site
Table 1: Scope of Work
Obteciive Rationale Scope Details
Task 1.Prepare a preliminary The Fundy Quay site is Consult with NBpELG If impacts are noted at the site that
regulatory sVategy adjacent to an ecological Remediation Section exceed established reference
envlronment(Saint John {Impact Managament concentrations for residential recepYors,
Harbour}. NBDELG will Branch)regarding NBDELG may require signoff prior to
require any remediation to contaminated sites development or property transaction.
follow the contaminated sites management process as
management process. it applies to this site.
Task 2_Characterize soil and Contamination has been Complete underground Test locations to include areas of
groundwater conditions, previously documented_ utility clearances. documented contamination and
including potential Addi6onal sampling and potenbial disturbance during
contaminants testing is required to provide a Drill 2 boreholes per acre construction. Delineation of conditlons
basis to evaluate potential and install monitoring along property boundaries and toward
remedial requirements and wells(as appropriate). the marine environment may be
costs Preliminary estimate is 12 require�pursuant to NSDELG
boreholes/wells. Gontaminated Sites Management
Process.
Based on previous assessment work,
contaminants of potential concem
(CoPC)include petroleum
hydrocarbons(PNC),polycyclic
aromatic hydrocarbons(PAH},and
Vace melals.
Table 2: Laboratory Testing Program
Malytical Parameter Soil Groundwater QA/aC
Petroleum Hydrocarbons 12 12 1
Metals(including mercury) 12 3 1
Polycyclic aromatic hydrocarbons 12 3 t
Leachable metals(including mercury} 3 - -
OPINION OF PROBABLE COST
An opinion of probable cost (budget estimate)for the work is outlined in Table 3. The budgets include
allowances for professional fees,disbursements and expenses {including drilling subcontractor, analytical
laboratory and consumables)to complete the work.
101
�11�LC
January 15,2013
Mr. Kent Maclntyre
Page 4 of 6
Reference: Fundy Quay Development-Phase III Er�vironmental Site Assessment Proposal
Former Canadian Coast Guard Site
Table 3: Opinion of Probable Cost
,--- -�--- ---_.---_--------___..._.._� _...r_-___-----�---- --------- ------- -�--� �---�-------_-- __....._.__�...._
� Phese i0 ESA Work Task Opmlon of Probable Cost'Z �
I----- ---�----•-- -. _ -- _ --•- ---°--••-� �._.���-.•-- ------------ —..._.--------�---�------- -'�
� Prapare a preliminary regulatory strategy $ 2,504
Characterize soil and groundwater conditions,including potential contaminants �11.800 Fees
$22,500 Tnird p�rty
Complete a Phase III ESA report and preliminary remediation cost estimates $12,900
PROPOSED PHASE III ESA PROJECT TOTAL � �4g,700
I
Future consulting fees for Remedial Action Plans,Envirnnmental Management I
Plans and Site Closure reports3{It requlred based on the findings of the Phase III $iD,000-$25,D00°
ESA)_
CONCEPTUAL OVERALL TpTAL(consultlr►g fees)3 — � $74,700
Notes:
'- Estimated cost excludes HST.
2- Billing is proposed on a time and material basis.
3- Excluding esGmated third parry(contractor)remediation costs.
°- Actual cost will be based on the findings of the Phase III ESA
During the course of the work, Stantec will take reasonable precautions not to cause unnecessary damage or
interfere with activities on the site. Stantec assumes that clear access and permission to the site ai the test
locations will be provided by the client. Further, it is assumed that snow clearing (if required)will be provided
by, and at the cost af, others.
Should you wish us to proceed with this project;we wilE forward a Professional Services Agreement(PSA}
document for your review and signature_ Alternatively, Saint John Watertront Development could pravide
5tantec with a mutually satisfactory cantract for this scope of services.
SCHEDULE
7he proposed work can be initiated immediately upon receipt of authorization to proceed, subject to drill rig
availabiiity, underground utiliry clearances and environmental approvals(if required). Based on our
discussion, timing of the project start is important to Saint John Waterfront Deveiopment.
The schedule for the field work is estimated to require up to 10 days which includes drilling and sampling at
the site. The schedule for providing the report is estimated at 3p days following receipt of analytical results
(maximum of 10 days turnaround time for some analyses). Overall we anticipate an optimistic project
schedule of approximately 50 working days {10 weeks)from project award and the commencement of field
activities, provided there are no delays.
DELIVERABLES
Upon completion of the field activities, laboratory testing and analysis, Stantec will prepare a Phase III
Environmental Site Assessment report summarizing our findings at the subject site. The report will also
include an estimate of contractor fees to remediate and/or manage contaminants found at the site, if required.
The estimate of contractor fees will be based on the development plans which are understood to be provided
to Stantec.
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StanteC
January 15,2013
Mr. Kent Maclntyre
Page 5 of 6
Reference: Fundy Quay Development—Phase III Environmental Slte Assessment Proposal
Former Canadian Coast Guard Site
PROJECT TEAM
Stantec's Project Team ta complete the Phase III ESA consists of qualified and experienced professionals
with a history of involvement on this site and others along the Saint John waterfront. Our key project team
members will include Robert Fiander, P.Eng. and Paul Paulin, P.Eng_ (senior assessors), Rochelle Brown,
M.Sc.E., P.Eng. and Kent Wiezel, M.A.Sc., P.Eng. {key project technical staff},and field staff as available.
NEXT STEPS
Remediafion Acfion Plan and/or Environmental Management Plan
Based on the potential discovery of contamination on the site, it is anticipated that the NBDELG Impact
Management Branch will open a remediation file on receipt of notification. In that event,we would expect that
documentation would need to be submitted to NBDELG to obtain closure.
Based on the findings of the Phase lll En�ironmental 5ite Assessment, future work may include a Remedial
Action Plan and/or an Environmental Management Plan as well as a submission of site closure reports to the
Provincial and/or Federal Regulators.
When the findings become available, Stantec will re-evaluate the costs required to complete these future
steps in the site management process. Based o�past experience,we estimate that these future costs may
be on the order of$10,000 to$25,000 as indicated in 7able 3 and may take 2 to 6 weeks to complete.
Timing of the iinal closure of the site will depend on the remediation and/or management strategy, site works
and Regulatory Approval.
Hazardous Materials{HazMat}Survey
At the time of writing,we understand that iwa existing buildings(Shops Building and Buoy Shed)are
understoad to be demolished. The future status of the Administration Building remains unknown. If required,
Stantec can provide an updated hazardous materials (HazMat) survey for the two existing buildings(Shops
Building and Buoy Shed) and provide a basis to evaluate potential remedial requirements and costs.
Based on the information provided by CCG at the time of the 2001 HazMat Survey, asbestos-containing
plaster wails and ceilings are reportedly present. The plaster materials are reportedly covered by drywal!
throughout the facility. Lead leachate#esting was not completed in 2001. This testing should be completed
based or�the 2005 NBDELG Lead Disposal Guidelines.
The updated hazardous materials survey, including destructive testing,would be helpful in determining the
demolition and abatement cost if and when existing buildings are scheduled to be removed. Our opinion of
probable costs to complete a HazMat Survey and update the report would be$5,000.00 pius HST.
Saint John Development Corporation may wish to delay this portion of the work at#his time, or may advise the
Developer that this work will likely be required at such a time when the schedule deems necessary.
SCOPE CHANGES
Our estimate of the cost of our services is based on the Scope af Services described in this proposal. There
is potentiaf for changes in scope of work with any project,and an important element in cost control is the
proper management of those changes_As a matter of practice, we do not undertake additional scope of
services withou#prior written approval (i.e., Change Order)from the client. When changes in scope occur,
Stan#ec will submit Engineering Contract Change Notices to the Client for notification of the changes and
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Ste�teC
January 15,2013
Mr.Kent Maclntyre
Page 6 of 6
Refere�ce: Fundy Duay Development—Phase III Environmental Site Assessment Proposal
Former Canadian Coast Guard Site
approval of them prior to proceeding with the additional services. Details of our engineering scope change
control system are available on request.
CLOSURE
This proposal pertains to the scope and purpose specifically expressed herein. Information or facts provided
by others and referred to or used in the preparation of this proposal were assumed by Stantec to be accurate.
Our proposal is based on the best professional judgment of Stante�personnel available at the time of its
preparation_
Thank you for the apportunity to provide a proposal for this project. We trust this meets with your present
requirements. Should you have questions or require changes to the proposal, please contact me at your
convenience at 506-634-2185.
Respectfully submitted,
STANTEC CONSULTING LTD.
�
for/Robert S. Fiander, P.Eng_ Rochelle Brown, M.Sc.E., P.Eng.
Senior Associate—Environmental Services Associate—Geotechnical
Tel: (506) 634-2185 Tel: (506)834-2185
Fax: (506}$34-87 04 Fax: (506) 634-8104
rob.fiander@stanfec.com rochelle.brown@stantec.com
This proposal was prepared for the consideration of fhe addressee only. Its confent may not be used nor disclosed to any
party without prior writfen consent from Stantec Consulting Ltd.
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