2013-04-22_Agenda Packet--Dossier de l'ordre du jourr.
City of Saint John
Common Council Meeting
AGENDA
Monday, April 22, 2013
6:00 pm
Council Chamber
Please use Chipman Hill entrance
S'il vous plait utiliser 1'entree Chipman Hill
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
2.1 Minutes of March 18, 2013 1 -4
2.2 Minutes of April 2, 2013 5-14
2.3 Minutes of April 8, 2013 15-19
3. Approval of Agenda
4. Disclosures of Conflict of Interest
5. Consent Agenda
5.1 Pathways to Empowerment - Letter of Thanks (Recommendation: Receive for 20-20
Information)
5.2 R. Holmes- Lauder Letter Re P3 (Recommendation: Receive for Information) 21 -21
5.3 Street Naming (Recommendation in Report) 22-23
5.4 Request from Kennebecasis Rowing Club - L.R. Ross Trust Fund 24-30
(Recommendation in Report)
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1
5.5
Tender 2013- 084901T - Reinstatement of Utility Cuts - Asphalt Work
31 -32
(Recommendation in Report)
5.6
Tender 2013- 084902T - Reinstatement of Utility Cuts - Concrete Work
33-34
(Recommendation in Report)
5.7
Contract 2012 -8 - Crown Street - Sanitary Lift Station 7 & 7A, Force Main and
35-37
Sewer (Recommendation: Receive for Information)
5.8
Honeysuckle /Sherbrooke Drainage Basin - Storm Sewer Improvements
38-40
(Recommendation in Report)
5.9
Engineering Services - Miliidgeville Stormwater Detention Pond
41 -44
(Recommendation in Report)
5.10
Harbour Clean -Up - Easements for SLS #31 Moosehead Breweries Limited - Off
45-52
Main Street West (Recommendation in Report)
5.11 Business Case for Specialized Internal Service Collaboration (Recommendation 53-57
in Report)
6. Members Comments
7. Proclamation
7.1 Pay It Forward Week - April 22 -29, 2013 58-58
7.2 Global Youth Service Days - April 26 -28, 2013 59-59
7.3 Volunteer Appreciation Week - April 21 -27, 2013 60-61
7.4 Day of Mourning - April 28, 2013 62-64
8. Delegations / Presentations
8.1 UNB - Saint John College 65-67
9. Public Hearings
10. Consideration of By -laws
10.1 Third Reading Traffic ByLaw Amendment (Peel Plaza) 68-69
10.2 Proposed Municipal Plan Amendment 700 Millidge Ave. 70-78
11. Submissions by Council Members
2
12
13
14
15
16
17
18
11.1 2014 World Women's Curling Championship (Mayor Norton)
79-79
11.2 Discussion Re Barry Ogden Suggestions (Councillor Fullerton)
80-81
Business Matters - Municipal Officers
12.1 Appointment of Fire Prevention Officers — Fire Protection By -law
82-83
12.2 Demolition of Vacant and Dilapidated and Dangerous Building at 60 Jack
84-119
Street
12.3 Mispec Beach Park Fundraising Event
120-123
Committee Reports
13.1 Saint John Waterfront Development: Smythe Street Rehabilitation
124-129
Consideration of Issues Separated from Consent Agenda
General Correspondence
15.1 Stonehammer Geopark - Request to Present
130-130
Supplemental Agenda
Committee of the Whole
17.1 Committee of the Whole: Rockwood Park Advisory Board
131 -131
17.2 Committee of the Whole: Saint John Waterfront Development - New Food
132-143
Vendor - Waterfront Area
17.3 Committee of the Whole: Leisure Services Advisory Board
144-144
Adjournment
3
City of Saint John
Common Council Meeting
Monday, April 22, 2013
Committee of the Whole
1. Call to Order
Si vous avez besoin des services en frangais pour une r6union de Conseil Communal, veuillez
contacter le bureau de la greffi6re communale au 658 -2862.
Each of the following items, either in whole or in part, is able to be discussed in private pursuant
to the provisions of section 10 of the Municipalities Act and Council / Committee will make a
decision(s) in that respect in Open Session:
4:30 p.m. 8t" Floor Boardroom City Hall
1.1 Approval of Minutes 10.2(4)
1.2 Land Matter 10.2(4)(d)
1.3 Legal Opinion 10.2(4)(f)
1.4 Nominating Committee 10.2(4)(b)
1.5 Financial Matter 10.2(4)(c)
1.6 Financial Matter 10.2(4)(c)
1.7 Negotiation 10.2(4)(c)
1.8 Legal Opinion 10.2(4)(f)
4
The City of Saint John
S6ance du conseil communal
Le lundi 22 avril 2013
Salle du conseil, 18 h
Comite pl6nier
1. Ouverture de la seance
Si vous avez besoin des services en frangais pour une r6union de Conseil Communal,
veuillez contacter le bureau de la greffi&re communale au 658 -2862.
Chacun des points suivants, en totalit& ou en partie, peut faire l'objet d'une discussion en
priv& en vertu des dispositions pr6vues a Particle 10 de la Loi sur les municipalites. Le
conseil /comit6 prendra une ou des d6cisions a cet &gard au cours de la s6ance publique
16 h 30 — Salle de conference, 8e 6tage, h6tel de ville
1.1 Approbation du proc&s- verbal — paragraphe 10.2(4)
1.2 Question relative aux biens -fonds — alin&a 10.2(4)d)
1.3 Avis juridique — alin6a 10.2(4)/)
1.4 Comit6 des candidatures — alin6a 10.2(4)b)
1.5 Question financiere — alin&a 10.2(4)c)
1.6 Question financiere — alin6a 10.2(4)c)
1.7 N6gociations — alin&a 10.2(4)c)
1.8 Avis juridique — alin6a 10.2(4)j)
S6ance ordinaire
1. Ouverture de la s6ance, suivie de la priere
2. Approbation du proces- verbal
2.1 Proces- verbal du 18 mars 2013
2.2 Proces- verbal du 2 avril 2013
2.3 Proces- verbal du 8 avril 2013
3. Adoption de Pordre du jour
4. Divulgations de conflits d'iWrets
5. Questions soumises a 11approbation du conseil
5.1 Pathways to Empowerment — Lettre de remerciement
(recommandation : accepter a titre informatif)
5.2 Lettre de R. Holmes- Lauder relative aux partenariats public -priv6
(recommandation : accepter a titre informatif)
5.3 Attribution de nom de rue (recommandation figurant au rapport)
5.4 Demande du Kennebecasis Rowing Club — Fonds en fiducie L. R. Ross
(recommandation figurant au rapport)
5.5 Soumission 2013- 084901T relative a la restauration des tranch6es
destines aux services publics — Travaux d'asphalte (recommandation figurant au
rapport)
5.6 Soumission 2013- 084902T relative a la restauration des tranch6es en b6ton
destin6es aux services publics — Travaux de Mon (recommandation figurant au
rapport)
5.7 Contrat no 2012 -8 — Rue Crown — Stations de rel &vement no 7 et 7A,
conduite d'eau principale et &gout sanitaire (recommandation : accepter a titre
informatif)
5.8 Bassin versant du secteur Honeysuckle- Sherbrooke — Modernisation du
r6seau d' &gout pluvial (recommandation figurant au rapport)
5.9 Services d'ing &nierie — Bassin de retenue des eaux pluviales de
Millidgeville (recommandation figurant au rapport)
5.10 Voir le point 14.1.
5.11 Analyse de rentabilisation pour la collaboration sp6cialis6e entre services
internes (recommandation figurant au rapport)
6. Commentaires pr6sent6s par les membres
7. Proclamation
7.1 Semaine d'actions d6sint6ress6es — du 22 au 29 avril 2013
7.2 Joum6es mondiales du service des jeunes — du 26 au 28 avril 2013
7.3 Semaine d'appr &ciation des b&n &voles du 21 au 27 avril 2013
7.4 Jour de deuil — le 28 avril 2013
8. Delegations et presentations
8.1 Universit6 du Nouveau - Brunswick — College de Saint John
9. Audiences publiques
10. Etude des arretes municipaux
10.1 Troisieme lecture de la modification de 1'Arret6 relatif a la circulation
(place Peel)
10.2 Projet de modification du plan municipal relatif au 700, avenue Millidge
11. Interventions des membres du conseil
11.1 Championnat mondial de curling f6minin 2014 (maire Norton)
11.2 Discussion portant sur les suggestions faites par Barry Ogden
(conseillere Fullerton)
12. Affaires municipales 6voquees par les fonctionnaires municipaux
12.1 Nomination d'agents de la pr6vention des incendies — ArrW concernant la
protection contre les incendies
12.2 D6molition du batiment vacant, d6labr6 et dangereux situ6 au 60, rue Jack
12.3 Plage du parc Mispec — Collecte de fonds
13. Rapports deposes par les comites
13.1 Am6nagement du secteur riverain de Saint John : R&fection de la
rue Smythe
14. Etude des sujets ecartes des questions soumises a Papprobation du conseil
14.1 Nettoyage du port de Saint John : Servitudes relatives a la station de
relevement des eaux us6es ri 31 (pr6s de la rue Main Ouest) — Moosehead
Breweries Limited (recommandation figurant au rapport)
15. Correspondance gen6rale
15.1 G6oparc Stonehammer : Demande en vue de faire une pr6sentation devant
le conseil
16. Ordre du jour supplementaire
17. Comite p16nier
17.1 Comit6 pl6nier : Conseil consultatif du parc Rockwood
17.2 Comit6 pl6nier : Am6nagement du secteur riverain de Saint John—
Nouveau vendeur de produits alimentaires (secteur riverain)
17.3 Comit6 pl6nier : Conseil consultatif des services des loisirs
18. Levee de la seance
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COMMON COUNCIL /CONSEIL COMMUNAL
MARCH 18, 2013 /LE 18 MARS 2013
COMMON COUNCIL MEETING — THE CITY OF SAINT JOHN
CITY HALL — MARCH 18, 2013 - 6:00 P.M.
Present:
Mel Norton, Mayor
Deputy Mayor Rinehart and Councillors Farren, Fullerton,
McAlary, Merrithew, Norton and Reardon
- and -
P. Woods, City Manager; J. Nugent, City Solicitor; G. Yeomans,
Commissioner of Finance and Administrative Services; J.
Hamilton, Commissioner Strategic Service; A. Poffenroth, Deputy
Commissioner; J. Fleming, Police Sgt.; K. Clifford, Fire Chief; J.
Taylor, Assistant Common Clerk; and J. Beltrandi Chown,
Administrative Assistant
Call To Order — Prayer
Mayor Norton called the meeting to order and Deputy Mayor Rinehart offered the
opening prayer.
1.1 Canadian Cancer Society Daffodil Campaign
Dan Fowlie made a brief presentation to Council regarding the Canadian Cancer Society
Daffodil Campaign.
2. Approval of Minutes
2.1 Minutes of February 28, 2013
On motion of Deputy Mayor Rinehart
Seconded by Councillor Reardon
RESOLVED that the minutes of the meeting of
Common Council, held on February 28, 2013, be approved.
Question being taken, the motion was carried.
2.2 Minutes of March 4, 2013
On motion of Councillor Reardon
Seconded by Deputy Mayor Rinehart
RESOLVED that the minutes of the meeting of
Common Council, held on March 4, 2013, be approved.
Question being taken, the motion was carried.
3. Approval of Agenda
On motion of Councillor McAlary
Seconded by Councillor Merrithew
RESOLVED that the agenda of this meeting be
approved with the addition of item 17.1 Committee of the Whole: Capital Cost
Agreement — Peel Plaza Project.
Question being taken, the motion was carried.
4. Disclosures of Conflict of Interest
5. Consent Agenda
6. Members Comments
Council members commented on various community events.
7. Proclamation
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COMMON COUNCIL /CONSEIL COMMUNAL
MARCH 18, 2013/LE 18 MARS 2013
7.1 World Water Day - March 22, 2013
The Mayor proclaimed March 22, 2013 World Water Day in the City of Saint John.
8. Delegations /Presentations
9. Public Hearings
10. Consideration of By -laws
10.1 Proposed Municipal Plan Amendment 700 Millidge Avenue
A public presentation was given for a proposed amendment to the Municipal
Development Plan which would amend Schedule "A" — City Structure, of the Municipal
Plan by re- designating a parcel of land with an area of approximately 8.5 hectares,
located at 700 Millidge Avenue, also identified as being PID number 55062269 and a
portion of PID number 00042036, from Suburban Neighbourhood Intensification Area
and Park and Natural Area to Suburban Neighbourhood Intensification Area
classification; and to amend Schedule "B" — Future Land Use, by re- designating the
same parcel of land from Urban Reserve and Park and Natural Areas to Major
Community Facility classification, to permit a group care facility, senior citizens
apartments and associated activities as requested by SHX Developments Ltd.
11. Submissions by Council Members
12. Business Matters - Municipal Officers
13. Committee Reports
14. Consideration of Issues Separated from Consent Agenda
15. General Correspondence
16. Supplemental Agenda
On motion of Councillor Farren
Seconded by Councillor McAlary
RESOLVED that items 16.1 through 16.4 on the
supplemental agenda be lifted from the table.
Question being taken, the motion was carried
16.1 P3 - Business Case
16.1.1 Presentation of Business Case to Common Council
Referring to a submitted report, Johanne Mullen from PricewaterhouseCoopers (PwC)
gave an overview of the public - private partnership (P3) business case preparation
process and P3 principles. She stated that her objective was to explain the rationale for
using a P3 approach for the water treatment plant and transmission lines, adding that
she will also provide a comparative analysis of P3 versus traditional procurement
models. She provided an overview of the various risks associated with the project,
including the risk that would remain with the City as well as those that would be the
responsibility of the contractor.
Paul Mai of PwC explained that to in order to determine the value for money of the P3
method, an initial estimation was done based on 2010 figures and the information was
then layered with other factors to arrive at the real dollar value of each method. He
indicated that if the cash flow using a P3 method cannot stand alone without other levels
of funding, then PPP Canada would not approve the project.
Ms. Mullen reviewed the potential pros and cons of the traditional procurement method
versus the P3 method. She noted that the P3 method has more built -in safeguards,
adding that it also requires more time in the planning stage. She indicated that the
lifecycle in the P3 method is predetermined, noting that updates and maintenance of the
asset are based on a set schedule.
16.3 P3 — Water Rate Analysis
Referring to a submitted report, Mr. Fudge advised that the Finance Department
completed a comprehensive review of the water utility, including the proposed
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COMMON COUNCIL /CONSEIL COMMUNAL
MARCH 18, 2013 /LE 18 MARS 2013
investment in the water treatment facility both under a traditional procurement model and
a P3 model. He indicated that the review included a 30 -year projection of the water and
sewage utility capital cost; operating and maintenance cost; lifecycle of infrastructure
and renewal; the implications of long -term debt; implications to cash flow financing;
assumptions for contributions from other levels of government; and required utility
revenues and rates.
Responding to a question regarding completing the project in segments, Mr. Mai stated
that if the plant were built separately from the pumping station and pipes, the quality of
bidders would decrease because the cost for companies to submit bids on a small
project would be proportionately too high. Ms. Mullen added that it makes sense for the
same company to handle the plant and transmission pipes because of the interface
between the two and due to the economies of scale.
Ms. Mullen advised that there will be significant local jobs created, adding that typically
bidders across Canada have used local workers for local projects.
Referring to the bidding process, Ms. Mullen explained that the bids would be made for
the entire project, noting that the City could choose not to proceed with the project
should the bids be much higher than anticipated.
On motion of Councillor Farren
Seconded by Deputy Mayor Rinehart
RESOLVED that section 12.7 of the procedural by-
law respecting a three minute speaking time limit per Councillor, be suspended for this
item.
Question being taken, the motion was carried.
Responding to a question, Ms. Mullen stated that the business case was prepared
without including financial input from other levels of government because PPP Canada
requires that the project to demonstrate value- for - money. She explained that the City's
payments to PPP Canada would be indexed, noting that the payment is a firm fixed price
with strict stipulations regarding under what conditions they could be increased by the
P3 partner. She added that there would be a dispute resolution process should the City
disagree with any proposed payment increase.
16.2 P3 — Case Studies
Mr. Woods gave a presentation on the experiences of the City of Moncton and the City
of Abbotsford with the P3 process.
On motion of Councillor Farren
Seconded by Deputy Mayor Rinehart
RESOLVED that the reports entitled P3 Business
Case; P3 Case Studies; and P3 Water Rate Analysis, be received for information.
Question being taken, the motion was carried.
16.4 Highway Usage Permit (HUP) - Province of New Brunswick
On motion of Councillor Farren
Seconded by Councillor McAlary
RESOLVED that as recommended by the City
Manager in the submitted report M &C 2013 -043: Highway Usage Permit (HUP) -
Province of New Brunswick Cured -in -Place Pipe Liner for Water Main under Reversing
Falls Bridge on Highway 100 the City of Saint John enter into "Highway Usage Permit
(HUP) No. 201311 R010000201" with the Province of New Brunswick (Minister of
Transportation and Infrastructure) and that the Mayor and Common Clerk execute the
documentation.
Question being taken, the motion was carried.
17. Committee of the Whole
17.1 Committee of the Whole: Capital Cost Agreement - Peel Plaza Project
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COMMON COUNCIL /CONSEIL COMMUNAL
MARCH 18, 2013/LE 18 MARS 2013
On motion of Councillor McAlary
Seconded by Councillor Merrithew
RESOLVED that the text of the Second Amending
Capital Costs Agreement between The City of Saint John and the Province of New
Brunswick be received from the Committee of the Whole; and its execution by the Mayor
and Common Clerk be authorized.
Question being taken, the motion was carried.
18. Adjournment
On motion of Councillor McAlary
Seconded by Councillor Norton
RESOLVED that the Common Council meeting of
March 18, 2013 be adjourned.
Question being taken, the motion was carried.
The Mayor declared the meeting adjourned at 7:15 p.m.
Mayor / maire
Common Clerk / greffier communal adjoint
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COMMON COUNCIL /CONSEIL COMMUNAL
APRIL 2, 2013/LE 2 AVRIL 2013
COMMON COUNCIL MEETING — THE CITY OF SAINT JOHN
CITY HALL — APRIL 2, 2013 - 6:00 P.M.
Present:
Mel Norton, Mayor
Deputy Mayor Rinehart and Councillors Farren, Fullerton,
MacKenzie, McAlary, Norton, Reardon and Strowbridge
- and -
P. Woods, City Manager; J. Nugent, City Solicitor; G. Yeomans,
Commissioner of Finance and Administrative Services ; J.
Keating, Municipal Operations; K. Clifford, Fire Chief; J. Hamilton,
Commissioner of Strategic Services; A. Poffenroth, Deputy
Commissioner; J. Taylor, Assistant Common Clerk; J. Beltrandi
Chown, Administrative Assistant.
Call To Order — Prayer
Mayor Norton called the meeting to order and Captain Darren Wiseman offered the
opening prayer.
2. Approval of Minutes
3. Approval of Agenda
On motion of Councillor McAlary
Seconded by Councillor MacKenzie
RESOLVED that the agenda of this meeting be
approved with the addition of items 17.1 Committee of the Whole: Appointment of
Commissioner Growth and Community Development Services; 17.2 Committee of the
Whole: Peel Plaza Surplus Properties; and 17.3 Committee of the Whole: Acting
Commissioner of Finance.
Question being taken, the motion was carried.
4. Disclosures of Conflict of Interest
Councillor Fullerton disclosed a conflict of interest with items 9.1 and 9.2; Mayor Norton
disclosed a conflict of interest with item 16.14; and John Nugent declared a conflict of
interest with item 16.2.
5. Consent Agenda
5.1 That the Fundy Region Solid Waste Commission 2012 Auditor's Report and
Financial Statements be received for information.
On motion of Councillor McAlary
Seconded by Deputy Mayor Rinehart
RESOLVED that the recommendation set out for
the consent agenda item be adopted.
Question being taken, the motion was carried.
On motion of Councillor Farren
Seconded by Councillor Fullerton
RESOLVED that the Fundy Region Solid Waste
Commission be requested to present to Council with details and an update on the
difference in costs between the Fundy Region Solid Waste Commission and other Solid
Waste Commissions.
Question being taken, the motion was carried.
6. Members Comments
Council members commented on various community events.
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COMMON COUNCIL /CONSEIL COMMUNAL
APRIL 2, 2013 /LE 2 AVRIL 2013
7. Proclamation
7.1 Daffodil Month and Daffodil Day - April 27, 2013
The Mayor proclaimed April Daffodil Month and April 27, 2013 Daffodil Day in the City of
Saint John.
7.2 Tartan Day - April 6, 2013
The Mayor proclaimed April 6, 2013 Tartan Day in the City of Saint John.
7.3 Canadian Oncology Nursing Day - April 2, 2013
The Mayor proclaimed April 2, 2013 Canadian Oncology Nursing Day in the City of Saint
John.
8. Delegations /Presentations
10. Consideration of By -laws
11. Submissions by Council Members
12. Business Matters - Municipal Officers
13. Committee Reports
13.1 Uptown Saint John - Peel Plaza and Wellington Row Properties
On motion of Councillor McAlary
Seconded by Councillor Reardon
RESOLVED that the letter from Uptown Saint John
regarding the Peel Plaza and Wellington Row Properties be referred to the City
Manager.
Question being taken, the motion was carried.
13.2 Uptown Saint John - Long Wharf and Former Lantic Sugar Sites
On motion of Deputy Mayor Rinehart
Seconded by Councillor MacKenzie
RESOLVED that the letter from Uptown Saint John
regarding the Long Wharf and Former Lantic Sugar Sites be received for information.
Question being taken, the motion was carried.
14. Consideration of Issues Separated from Consent Agenda
15. General Correspondence
16. Supplemental Agenda
from the table.
On motion of Councillor McAlary
Seconded by Councillor Farren
RESOLVED that items 16.1 through 16.14 be lifted
Question being taken, the motion was carried.
16.1 Saint John Salvage Corps & Fire Police — Perspective Member
On motion of Councillor Farren
Seconded by Councillor McAlary
RESOLVED that as recommended by the City
Manager in the submitted report M &C 2013 -47 Saint John Salvage Corps & Fire Police —
Perspective Member, pursuant to By Law Number C 2, A Law Relating to the Salvage
Corps and Fire Police of the Saint John Fire Department, it is recommended that the
Mayor be authorized to grant a warrant of appointment to Heather King.
Question being taken, the motion was carried.
A
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COMMON COUNCIL /CONSEIL COMMUNAL
APRIL 2, 2013/LE 2 AVRIL 2013
(The City Solicitor withdrew from the meeting)
16.2 Materials and Construction Testing, Inspection and Engineering Technical
Services - Asphalt Concrete, Portland Cement Concrete, and Soils and Granular
Materials Compaction for 2013 and 2014
On motion of Deputy Mayor Rinehart
Seconded by Councillor Reardon
RESOLVED that as recommended by the City
Manager in the submitted report M &C 2013 -051: Materials and Construction Testing,
Inspection and Engineering Technical Services - Asphalt Concrete, Portland Cement
Concrete, and Soils and Granular Materials Compaction for 2013 and 2014, the proposal
from Gemtec Limited in the amount of $504,802.36 including HST be accepted and that
the Mayor and Common Clerk be authorized to execute the appropriate documentation
in that regard.
Question being taken, the motion was carried with Councillor Farren
voting nay.
(The City Solicitor reentered the meeting)
16.3 Engineering Services: Loch Lomond Rd (Russell St. to Westmorland Rd) -
Water, Sanitary and Storm Sewer Renewal and Road Reconstruction
On motion of Councillor McAlary
Seconded by Councillor MacKenzie
RESOLVED that as recommended by the City
Manager in the submitted report M &C 2013 -053: Engineering Services: Loch Lomond
Rd (Russell St. to Westmorland Rd) - Water, Sanitary and Storm Sewer Renewal and
Road Reconstruction:
a) the proposal from exp Services Inc. for engineering services (construction
management) for Loch Lomond Road (Russell Street to Westmorland Road) - Water and
Sanitary Sewer Renewal and Road Reconstruction be accepted;
b) the City Solicitor be directed to prepare the necessary amendments to the existing
Engineering Services: Loch Lomond Road (Russell Street to Westmorland Road) Water
and Sanitary Sewer Main Renewal and Road Reconstruction Agreement for the addition
of construction management services as outlined in this report; and
c) the Mayor and Common Clerk be authorized to execute the appropriate
documentation.
Question being taken, the motion was carried.
16.4 Engineering Services: Dever Rd. - Lift Station "Y" Replacement and
Sanitary Force Main Design
On motion of Councillor McAlary
Seconded by Councillor Reardon
RESOLVED that as recommended by the City
Manager in the submitted report M &C 2013 -054: Engineering Services: Dever Rd. - Lift
Station "Y" Replacement and Sanitary Force Main Desig, the proposal from CBCL
Limited for engineering design and construction management services for the: Dever
Road - Lift Station "Y" Replacement & Sanitary Force Main Design project in the amount
of $117,746 including HST be accepted and that the Mayor and Common Clerk be
authorized to execute the appropriate documentation in that regard.
Question being taken, the motion was carried.
16.5 Commissioner of Finance: Borrowing Resolution
On motion of Councillor McAlary
Seconded by Deputy Mayor Rinehart
RESOLVED that for general operating purposes:
1. That the Commissioner of Finance is hereby authorized to borrow, on behalf of the
City of Saint John (the Corporation), from the Bank of Nova Scotia (the Bank) from time
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COMMON COUNCIL /CONSEIL COMMUNAL
APRIL 2, 2013 /LE 2 AVRIL 2013
to time by way of promissory note, a sum or sums not exceeding at any one time five
million nine hundred thousand dollars ($5,900,000) to meet current expenditures of the
Corporation;
2. That any two of the Commissioner of Finance, Comptroller or Assistant Comptroller
are hereby authorized to sign on behalf of the Corporation and to furnish to the Bank
from time to time a promissory note or notes sealed with the corporate seal for the sum
or sums so borrowed with interest at such rate as the bank may from time to time
determine;
3. That the Commissioner of Finance is hereby authorized and directed to furnish to the
Bank at the time of each borrowing and at such other times as the Bank may from time
to time request, a statement showing the nature and amount of the estimated revenues
of the current year not yet collected or where the estimates for the year have not been
adopted, a statement showing the nature and amount of the estimated revenues of the
Corporation as set forth in the estimates adopted for the next preceding year and also
showing the total of any amounts borrowed in the current year and in any preceding year
that have not been repaid, and
4. That the Commissioner of Finance is hereby authorized and directed to apply in
payment of all sums borrowed from the Bank, with interest thereon, all of the monies
hereafter collected or received on account or realized in respect of the taxes levied for
the current year and for any preceding years and all of the monies collected or received
from any other source.
5. That for the purposes of bridge financing on Capital Expenditures, that the City of
Saint John establish a revolving term loan to bridge finance capital expenditures to a
maximum of $25,000,000 and the Commissioner of Finance be authorized to borrow
from the Bank to the specified limit, and
6. That any two of the Commissioner of Finance, Comptroller or Assistant Comptroller
are hereby authorized to sign on behalf of the Corporation and to furnish to the Bank
from time to time a promissory note or notes sealed with the corporate seal for the sum
or sums so borrowed with interest at such rate as the Bank may from time to time
determine, and
7. That any two of the Commissioner of Finance, Comptroller or Assistant Comptroller
are hereby authorized to sign on behalf of the Corporation and to furnish to the Bank an
Agreement or Agreements under the seal of the Corporation providing for payment to
the Bank of all amounts required to be paid by the Bank pursuant to each promissory
note of the Corporation guaranteed by the Bank with interest at such rate as the Bank
may from time to time determine and of a guarantee fee in respect of each such
promissory note at such rate as the Bank may from time to time determine.
Question being taken, the motion was carried.
16.6 Commissioner of Finance: 2013 Debenture Issue
On motion of Councillor McAlary
Seconded by Councillor Farren
RESOLVED that whereas occasion having arisen
in the public interest for the following public civic works and needed civic improvements,
that is to say:
GENERALFUND
General Government $ 500,000
Protective Services $ 6,300,000
Transportation Services $ 2,000,000
Economic Development $ 1,000,000
Parks and Recreation $500,000
$ 10,300,000
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APRIL 2, 2013/LE 2 AVRIL 2013
WATER &SEWERAGE UTILITY
Water System $500,000
Sewer System $10,500,000
$ 11,000,000
SAINT JOHN PARKING COMMISSION $ 9,000,000
TOTAL
$ 30,300,000
1. Therefore resolved that debentures be issued under provisions of the Acts of
Assembly 52, Victoria, Chapter 27, Section 29 and amendments thereto to the amount
of $30,300,000.
2. Commissioner of Finance be authorized to issue and to sell to the New Brunswick
Municipal Finance Corporation (the "Corporation ") a City of Saint John bond or
debenture in the principal amount of $30,300,000 at such terms and conditions as are
recommended by the Corporation.
3. And further that the City of Saint John agrees to issue post -dated cheques to the
Corporation, or other such arrangements as the Corporation may from time to time
accept, in payment of principal and interest charges on the above bond or debenture as
and when they are required by the Corporation.
4. And further that the Commissioner of Finance be hereby authorized to receive an offer
in connection with the foregoing debentures at a price not less than $98 per $100 of
debenture, at interest rates not to exceed an average of 4.50% and at a term not to
exceed 15 years for the issue related to the General Fund, not to exceed 20 years for
the Water & Sewerage Utility, and not to exceed 25 years for the Saint John Parking
Commission.
5. And further that the Commissioner of Finance report to Common Council the exact
values for price per $100 of debenture, interest rate and term in years, together with the
date of the issue.
6. And further that the City Solicitor's office prepare all necessary documentation
regarding the borrowing of $9,000,000 for the Saint John Parking Commission.
Question being taken, the motion was carried.
16.7 Tender for Asphaltic Concrete Mixes
Responding to a question Mr. Keating indicated there was a typographical error in the
table on page two whereby item number one should read "Superpave 19.5mm" and not
"Superpave 9.5mm ".
On motion of Councillor McAlary
Seconded by Councillor Strowbridge
RESOLVED that as recommended by the City
Manager in the submitted report M &C 2013 -050: Tender for Asphaltic Concrete Mixes
the tender for the supply of asphaltic concrete mixes be awarded to Debly Enterprises
Ltd., for the supply of all items required for all three 2013 asphalt seasons, the entire
period being approximately April 15t" through Dec 14t"
Question being taken, the motion was carried.
16.8 Westgate Park Drainage Basin
Responding to a question, Mr. Woods stated that the City recently adopted storm
drainage standards that were not in place at the time that Westgate Park was
developed. He explained that developers must now provide proof that their
developments will not have an adverse impact on the drainage system or adjoining
properties. He noted that part of the delay in this case is due to the fact that the City
requires particular pieces of property to implement a solution, adding that once
acquisitions are made, and funds are available, corrective measures will commence.
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COMMON COUNCIL /CONSEIL COMMUNAL
APRIL 2, 2013 /LE 2 AVRIL 2013
On motion of Councillor McAlary
Seconded by Councillor Farren
RESOLVED that as recommended by the City
Manager in the submitted report M &C 2013 -045: Westgate Park Drainage Basin staff
monitor the General Fund Capital Program and should surplus funding be identified from
a tendered project in 2013, that staff report the surplus to Council along with a request to
proceed with property acquisition for the Westgate Park Drainage Basin Channel
Modifications project, and refer the matter to budget deliberations in 2014.
Question being taken, the motion was carried.
16.9 Sidewalk Extension on Loch Lomond Rd ( #2745 to Hillcrest Rd)
On motion of Deputy Mayor Rinehart
Seconded by Councillor Farren
RESOLVED that the City Manager be directed to
investigate and prepare a budget estimate to design and construct a widened paved
shoulder with a delineating white line similar to a bike lane on Loch Lomond Road from
civic number 2745 to Hillcrest Road to improve pedestrian safety, and to refer the matter
to budget deliberations in 2014.
Question being taken, the motion was carried.
16.10 Engineering Inspection Services 2013
Responding to a question, Mr. Keenan stated that his department does not currently
have the resources necessary to undertake the required inspection work required,
adding and additional four inspectors would be needed.
On motion of Councillor McAlary
Seconded by Councillor Reardon
RESOLVED that as recommended by the City
Manager in the submitted report M &C 2013 -052: Engineering Inspection Services 2013,
Common Council authorize staff to establish supply agreements with the seven
consulting firms noted above, at the hourly rates provided in the submitted report totaling
$300,000 plus HST for the provision of engineering inspection services for 2013 Capital
Program projects.
Question being taken, the motion was carried with Councillor Farren
voting nay.
16.11 Proposed Public Hearing Date 60 Church Avenue
On motion of Deputy Mayor Rinehart
Seconded by Councillor Reardon
RESOLVED that as recommended by the City
Manager in the submitted report M &C 2013 -049: Proposed Public Hearing Date 60
Church Avenue, Common Council schedule the public hearing for the rezoning
application of Kevin A. Cosgrove and Danny R. Bailey (60 Church Avenue) for Monday,
April 29, 2013 at 7:00 p.m. in the Council Chamber, and refer the application to the
Planning Advisory Committee for a report and recommendation.
Question being taken, the motion was carried.
16.12 Petition from Common Causes
On motion of Councillor Reardon
Seconded by Deputy Mayor Rinehart
RESOLVED that the petition from Common Causes
in opposition to the P3 Water Project be received for information.
Question being taken, the motion was carried.
16.13 Saint John City Market - Lease of Space Stall "No. 5"
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COMMON COUNCIL /CONSEIL COMMUNAL
APRIL 2, 2013/LE 2 AVRIL 2013
Responding to a question, Mr. Gamblin stated that the tenants are responsible for their
own stalls and lease space and the City is responsible for the City Market building
structure. He advised that the last renovation was completed in the 1980's, noting that it
will soon require substantial capital requirements for renovations.
On motion of Councillor McAlary
Seconded by Councillor Strowbridge
RESOLVED that as recommended by the City
Manager in the submitted report M &C 2013 -055: Saint John City Market - Lease of
Space Stall "No. 5 ", Common Council:
1) Approve the release of space for stall "No.5" in the City Market with Corcana
Emporium Inc. under the terms and conditions as set out in the Letter of Release
submitted with MC2013 -55, and further;
2) Approve the lease of space for stall "No.5" in the City Market with Childs Foods Inc.
under the terms and conditions as set out in the Lease submitted with MC2013 -55, and
further;
3) That the Mayor and Common Clerk be authorized to execute the lease.
Question being taken, the motion was carried.
(Mayor Norton withdrew from the meeting and the Deputy Mayor assumed the chair)
16.14 Total Golf Management Inc. - Rockwood Park Golf Course and Aquatic
Driving Range Report for 2012 Golf Season
On motion of Councillor McAlary
Seconded by Councillor Farren
RESOLVED that the Rockwood Park Golf Course
and Aquatic Driving Range Proposed 2012 Fee Structure be approved as submitted.
Question being taken, the motion was carried.
(Mayor Norton re- entered the meeting and assumed the chair)
17. Committee of the Whole
17.1 Appointment Commissioner Growth and Community Development Services
On motion of Councillor McAlary
Seconded by Councillor Reardon
RESOLVED that as recommended by the Committee of
the Whole having met on April 2, 2013, effective on the earlier of June l'', 2013 or upon
the appointment of a successor to the position of Commissioner of Strategic Services,
the position of Commissioner of Growth and Development be deleted from the City
Establishment; that the position of Commissioner of Growth and Community
Development Services be added to the City Establishment and that Ms. Jacqueline
Hamilton be appointed to the position of Commissioner of Growth and Community
Development Services upon her same terms and conditions of employment at a Group 9
and Step F in the Management Pay Scale.
Question being taken, the motion was carried.
On motion of Councillor McAlary
Seconded by Councillor Farren
RESOLVED that report entitled Committee of the Whole:
Job Description — Common Clerk, be added to the agenda.
Question being taken, the motion was carried.
17.2 Committee of the Whole: Peel Plaza Surplus Properties
On motion of Councillor Farren
Seconded by Councillor MacKenzie
RESOLVED that as recommended by the Committee of the
Whole, having met on April 2, 2013, Common Council direct staff to perform a conditions
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COMMON COUNCIL /CONSEIL COMMUNAL
APRIL 2, 2013/LE 2 AVRIL 2013
report on the following properties identified by PID numbers 37341 (117 Union St.),
37333 (119 Union St.), 37788 (15 Wellington St.), 37796 (19 Wellington St.) and 37549
(76 Carleton St. / 31 Wellington St.) and further that the five properties be declared
surplus and that a call for proposals be issued for the former synagogue and another for
the remaining properties.
Question being taken, the motion was carried.
Responding to a question, Mr. Woods stated that the request for proposals would be
submitted to Council prior to issuance.
17.3 Committee of the Whole: Acting Commissioner of Finance
On motion of Councillor McAlary
Seconded by Councillor Reardon
RESOLVED that as recommended by the Committee of
the Whole, having met on April 2, 2013, in the absence of the Commissioner of Finance,
appointment to the position of Acting Commissioner of Finance is hereby made of Cathy
Graham, in accordance with their respective availability and the matters anticipated to
require attention in the Commissioner's absence, with the City Manager to administer
the arrangement.
Question being taken, the motion was carried.
17.4 Job Description for Common Clerk
On motion of Deputy Mayor Rinehart
Seconded by Councillor Reardon
RESOLVED that as recommended by the
Committee of the Whole having met on April 2, 2013, Common Council approve the
submitted job description for the position of Common Clerk.
Question being taken, the motion was carried.
(Councillor Fullerton withdrew from the meeting)
9. Public Hearings 7:00 P.M.
9.1 Proposed Section 39 Amendment - 835 Loch Lomond Road
9.1.1 Planning Advisory Committee Report recommending Section 39 Amendment
9.1.2 Letter of Support - 835 Loch Lomond Road
The Assistant Common Clerk advised that the necessary advertising was completed
with regard to the proposed Section 39 Amendment amending the Section 39 conditions
imposed on the January 5, 1976 rezoning of a parcel of land with an area of
approximately 5089 square metres, located at 835 Loch Lomond Road, also identified as
PID number 00313700 to include among the permitted uses the establishment of a
convenience store, gasoline bar, car wash and restaurant as requested by Chris
Scholten.
Consideration was also given to a report from the Planning Advisory Committee
submitting a copy of Planning Staff's report considered at its March 19, 2013 meeting at
which the Committee decided to recommend the amendment of the existing Section 39
conditions described above.
The Mayor called for members of the public to speak against the proposed amendments
with no one presenting.
The Mayor called for members of the public to speak in favour of the proposed
amendment with no one presenting.
On motion of Councillor McAlary
Seconded by Councillor Strowbridge
RESOLVED that Common Council amend the
Section 39 conditions imposed on the January 5, 1976 rezoning of the property located
at 835 Loch Lomond Road, also identified as PID number 00313700, subject to the
following revised conditions:
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COMMON COUNCIL /CONSEIL COMMUNAL
APRIL 2, 2013/LE 2 AVRIL 2013
a) That any driveways accessing the site from Loch Lomond Road be subject to the
conditions outlined in the City's Zoning Bylaw, and that the site be limited to a
maximum of one driveway access from McAllister Drive.
b) That the driveway access from Loch Lomond Road be a minimum of 30 metres
from the intersection.
c) That the location of the driveway on McAllister Drive be subject to the approval of
the Chief City Engineer or his designate.
d) The proponent must pave all parking areas, loading areas, maneuvering areas
and driveways with asphalt and enclose them with cast -in -place concrete curbs
to protect the landscaped areas and to facilitate proper drainage.
e) Adequate site drainage facilities must be provided by the proponent in
accordance with a detailed drainage plan, prepared by the proponent and subject
to the approval of the Chief City Engineer or his designate.
f) All utilities, including power and telephone, must be provided underground.
g) All disturbed areas of the site not occupied by the buildings, driveways,
walkways, parking or loading areas must be landscaped by the proponent. The
landscaping must extend onto the City street right -of -way to the edge of the
travelled road.
h) The site shall not be developed except in accordance with a detailed site plan
and building elevation plan, prepared by the developer and subject to the
approval of the Development Officer, indicating the location of all buildings,
parking areas, driveways, loading areas, signs, exterior lighting, landscaped
areas and other site features. The approved site plan must be attached to the
application for building permit for the development.
i) All site improvements as shown on the approved site and drainage plans, except
for landscaping, must be completed prior to the opening of the facility for
business. Landscaping must be completed within one year of building permit
approval.
j) That no restaurant drive thru be permitted.
Question being taken, the motion was carried.
9.2 Proposed Zoning By -Law Amendment 4207 -4211 Loch Lomond Road
9.2.1 Planning Advisory Committee Report recommending Rezoning with Section
39 Conditions
The Assistant Common Clerk advised that the necessary advertising was completed
with regard to amending Schedule "A ", the Zoning Map of The City of Saint John, by re-
zoning a parcel of land having an area of approximately 1278 square metres, located at
4211 Loch Lomond Road, also identified as being PID numbers 55091524 and
00353409 from "RS -1" One and Two Family Suburban Residential to "B -2" General
Business, with no objections being received.
Consideration was also given to a report from the Planning Advisory Committee
submitting a copy of Planning staff's report considered at its March 19, 2013 meeting at
which the Committee recommended the rezoning of a parcel of land located at 4207
Loch Lomond Road as described above with Section 39 conditions.
The Mayor called for members of the public to speak against the amendment with no
one presenting.
The Mayor called for members of the public to speak in favour of the amendment with no
one presenting.
On motion of Councillor McAlary
Seconded by Councillor MacKenzie
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COMMON COUNCIL /CONSEIL COMMUNAL
APRIL 2, 2013 /LE 2 AVRIL 2013
RESOLVED that the by -law entitled "A Law to
Amend the Zoning By -Law of The City of Saint John" amending Schedule "A ", the
Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of
approximately 1278 square metres, located at 4211 Loch Lomond Road, also identified
as being PID numbers 55091524 and 00353409 from "RS -1" One and Two Family
Suburban Residential to "B -2" General Business, be read a first time.
Question being taken, the motion was carried.
Read a first time by title, the by -law entitled "A Law to Amend the Zoning By -Law of The
City of Saint John."
On motion of Councillor McAlary
Seconded by Councillor Strowbridge
RESOLVED that the by -law entitled "A Law to
Amend the Zoning By -Law of The City of Saint John" amending Schedule "A ", the
Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of
approximately 1278 square metres, located at 4211 Loch Lomond Road, also identified
as being PID numbers 55091524 and 00353409 from "RS -1" One and Two Family
Suburban Residential to "B -2" General Business, be read a second time.
Question being taken, the motion was carried.
Read a second time by title, the by -law entitled "A Law to Amend the Zoning By -Law of
The City of Saint John."
18. Adjournment
adjourned.
On motion of Councillor McAlary
Seconded by Councillor MacKenzie
RESOLVED that the meeting of April 2, 2013 be
The Mayor declared the meeting adjourned at 7:15 p.m.
Mayor / maire
Assistant Common Clerk / greffier communal adjoint
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COMMON COUNCIL /CONSEIL COMMUNAL
APRIL 8, 2013/LE 8 AVRIL 2013
COMMON COUNCIL MEETING — THE CITY OF SAINT JOHN
CITY HALL — APRIL 8, 2013 - 6:00 P.M.
Present:
Mel Norton, Mayor
Councillors Farren, Fullerton, MacKenzie, McAlary, Norton,
Reardon and Strowbridge
- and -
W. Edwards, Acting City Manager / Commissioner of
Transportation and Environment Services; J. Nugent, City
Solicitor; C. Graham, Comptroller; A. Poffenroth, Deputy
Commissioner Building and Inspection Services; J. Hamilton,
Commissioner of Growth and Community Development Services;
M. Young, Police Cst.; K. Clifford, Fire Chief; J. Taylor, Assistant
Common Clerk; K. Tibbits, Administrative Assistant
1. Call To Order — Prayer
Mayor Norton called the meeting to order and Councillor McAlary offered the opening
prayer.
2. Approval of Minutes
2.1 Minutes of March 25, 2013
On motion of Councillor McAlary
Seconded by Councillor Strowbridge
RESOLVED that the minutes of the meeting of
Common Council, held on March 25, 2013, be approved.
Question being taken, the motion was carried.
3. Approval of Agenda
On motion of Councillor McAlary
Seconded by Councillor Reardon
RESOLVED that the agenda of this meeting be
approved with the addition of item 17.1 Committee of the Whole: Amendment to the
Saint John Traffic By -Law Peel Plaza On- Street Parking.
Question being taken, the motion was carried.
4. Disclosures of Conflict of Interest
5. Consent Agenda
5.1 That the letter from the New Brunswick Youth Orchestra thanking the City for its
financial support be received for information.
On motion of Councillor McAlary
Seconded by Councillor MacKenzie
RESOLVED that the recommendation set out for
the consent agenda item be adopted.
Question being taken, the motion was carried.
6. Members Comments
Council members commented on various community events.
Mayor Norton presented Mr. Edwards the Queen's Diamond Jubilee medal in
recognition of his work with the Federation of Canadian Municipalities.
7. Proclamation
7.1 Records and Information Governance Month - April 2013
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COMMON COUNCIL /CONSEIL COMMUNAL
APRIL 8, 2013/LE 8 AVRIL 2013
The Mayor proclaimed April 2013 Records and Information Governance Month in the
City of Saint John.
8. Delegations /Presentations
9. Public Hearings 7:00 P.M.
10. Consideration of By -laws
10.1 Third Reading ByLaw Respecting the Procedure of Common Council
On motion of Councillor Farren
Seconded by Councillor McAlary
RESOLVED that the by -law entitled, "By -Law
Number M -5 A Law to Amend a By -Law Respecting the Procedure of the Common
Council of The City of Saint John ", repealing Sections 8.6 to 8.17 and substituting
immediately following section 8.5, instructions regarding delivery of the meeting agenda,
be read.
Question being taken, the motion was carried.
The by -law entitled, "By -Law Number M -5 A Law to Amend a By -Law Respecting the
Procedure of the Common Council of The City of Saint John ", was read in its entirety.
On motion of Councillor Farren
Seconded by Councillor McAlary
RESOLVED that the by -law entitled, "By -Law
Number M -5 A Law to Amend a By -Law Respecting the Procedure of the Common
Council of The City of Saint John ", repealing Sections 8.6 to 8.17 and substituting
immediately following section 8.5, instructions regarding delivery of the meeting agenda,
be read a third time, enacted, and the Corporate Common Seal affixed thereto.
Question being taken, the motion was carried.
Read a third time by title, the by -law entitled, "By -Law Number M -5 A Law to Amend a
By -Law Respecting the Procedure of the Common Council of The City of Saint John ".
11. Submissions by Council Members
12. Business Matters - Municipal Officers
12.1 2013 Harbour Bridge Work and Main Street Bike Lane
On motion of Councillor Farren
Seconded by Councillor McAlary
RESOLVED that as recommended by the City
Manager in the submitted report M &C 2013 -058: 2013 Harbour Bridge Work and Main
Street Bike Lane Common Council:
1. Supports re- installation of the two -way bike lane on Main Street and the Viaduct while
Harbour Passage is closed in 2013; and
2. Direct City staff to seek permission from the Provincial Registrar of Motor Vehicles
through the Department of Transportation and Infrastructure to re- install the two -way
bike lane on Main Street and the Viaduct.
Question being taken, the motion was carried.
12.2 2013 Asphalt Pavements Work
On motion of Councillor McAlary
Seconded by Councillor Farren
RESOLVED that as recommended by the City
Manager in the submitted report M &C 2013 -057: 2013 Asphalt Pavements Work
Common Council receive this report for information.
Question being taken, the motion was carried.
12.3 Contract 2013 -6: Asphalt Resurfacing - 2013 Phase I
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COMMON COUNCIL /CONSEIL COMMUNAL
APRIL 8, 2013/LE 8 AVRIL 2013
On motion of Councillor Farren
Seconded by Councillor McAlary
RESOLVED that as recommended by the City
Manager in the submitted report M &C 2013 -056: Contract 2013 -6: Asphalt Resurfacing -
2013 Phase l:
1. Contract No. 2013 -6: Asphalt Resurfacing - 2013 Phase I, be awarded to the low
tenderer, Classic Construction (2012) Ltd, at the tendered price of $4,263,868.55 as
calculated based upon estimated quantities;
2. The Mayor and Common Clerk be authorized to execute the necessary contract
documents.
Question being taken, the motion was carried.
12.4 Proposed Municipal Services Easement McAllister Park Subdivision, Phase
One, Plan Two Whitebone Way (PID 00434217 and a portion of 00434209)
On motion of Councillor Farren
Seconded by Councillor Strowbridge
RESOLVED that as recommended by the City
Manager in the submitted report M &C 2013 -061: Proposed Municipal Services
Easement McAllister Park Subdivision, Phase One, Plan Two Whitebone Way (PID
00434217 and a portion of 00434209) Common Council assent to the submitted
subdivision plan entitled "McAllister Park Subdivision, Phase One, Plan Two," located at
Whitebone Way, PID number 00434217 and a portion of PID number 00434209, with
respect to the vesting of the proposed municipal services easement.
Question being taken, the motion was carried.
12.5 Peel Plaza On- Street Parking
On motion of Councillor McAlary
Seconded by Councillor Strowbridge
RESOLVED that as recommended by the City
Manager in the submitted report M &C 2013 -059: Peel Plaza On- Street Parking,
Common Council amend the City's Traffic By -Law as detailed in the submitted report
and as represented in proper translated form in the associated City Solicitor's report.
Question being taken, the motion was carried.
12.6 Brentwood Crescent Storm Sewer Project Woodward Avenue
On motion of Councillor McAlary
Seconded by Councillor Strowbridge
RESOLVED that as recommended by the City
Manager in the submitted report M &C 2013 -060: Brentwood Crescent Storm Sewer
Project Woodward Avenue:
1. The City of Saint John purchase two parcels of land, totaling 114 square metres from
Mary Lou Cronin, Judith Anne Ritchie and Margot Patricia Russell being the only heirs of
the Estate of Mary Catherine Ritchie in accordance with the terms and conditions
contained in the Agreement of Purchase and Sale attached to the submitted report
(M &C # 2013 -60).
2. The Mayor and Common Clerk be authorized to execute the necessary documents
Question being taken, the motion was carried.
13. Committee Reports
14. Consideration of Issues Separated from Consent Agenda
15. General Correspondence
15.1 NB Association for Community Living - Request to Present
On motion of Councillor McAlary
Seconded by Councillor Farren
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COMMON COUNCIL /CONSEIL COMMUNAL
APRIL 8, 2013/LE 8 AVRIL 2013
RESOLVED that the request to present from the
New Brunswick Association for Community Living be referred to the Clerk to schedule.
Question being taken, the motion was carried.
15.2 Saint John Cycling - Request to Present In -Kind Cheque to City
On motion of Councillor McAlary
Seconded by Councillor Strowbridge
RESOLVED that the request to present an in -kind
cheque to the City from Saint John Cycling be referred to the Clerk to schedule.
Question being taken, the motion was carried.
15.3 Saint John College - Request to Present
On motion of Councillor Farren
Seconded by Councillor Strowbridge
RESOLVED that the request to present from Saint
John College be referred to the Clerk to schedule.
Question being taken, the motion was carried.
16. Supplemental Agenda
On motion of Councillor Farren
Seconded by Councillor Strowbridge
RESOLVED that item 16.1 on the Supplemental
Agenda be lifted from the table.
Question being taken, the motion was carried.
16.1 Street Food Vendors (Councillor Fullerton)
Responding to a question regarding street food vendors, Mr. Edwards advised that it is a
complex issue which requires input from a number of agencies and a review of several
bylaws, adding that it is not likely that bylaw changes will be in effect prior to the summer
season. He noted that there are regulations currently in place allowing street vendors to
operate to a degree, adding that this information can be provided to Council.
On motion of Councillor Fullerton
Seconded by Councillor Strowbridge
RESOLVED that item 16.1 regarding Street Food
Vendors be referred to the City Manager for a report and recommendation with respect
to changing the relevant by -laws to allow for street food vendors, including but not
limited to the double decker diner outlined in the submitted report, within the City of Saint
John and to include all parks and public places.
Question being taken, the motion was carried.
On motion of Councillor Norton
Seconded by Councillor MacKenzie
RESOLVED that item 16.1 regarding Street Food
Vendors be referred to the Urban Development lead of the True Growth 2.0 committee,
the Saint John Board of Trade, Enterprise Saint John and Uptown Saint John for input
and recommendations in order to expedite action on this process.
Question being taken, the motion was carried.
17. Committee of the Whole
17.1 Committee of the Whole: Amendment to the Saint John Traffic By -Law Peel
Plaza On- Street Parking
On motion of Councillor McAlary
Seconded by Councillor MacKenzie
IR
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COMMON COUNCIL /CONSEIL COMMUNAL
APRIL 8, 2013/LE 8 AVRIL 2013
RESOLVED that the by -law entitled, "A By -Law
Respecting Traffic on Streets in the City of Saint John made under the Authority of the
Motor Vehicle Act, 1973, and amendments thereto" by amending Schedule A -1 and
Schedule B, be read a first time.
Question being taken, the motion was carried.
Read a first time by title, the by -law entitled, "A By -Law Respecting Traffic on Streets in
the City of Saint John made under the Authority of the Motor Vehicle Act, 1973, and
amendments thereto ".
On motion of Councillor McAlary
Seconded by Councillor MacKenzie
RESOLVED that the by -law entitled, "A By -Law
Respecting Traffic on Streets in the City of Saint John made under the Authority of the
Motor Vehicle Act, 1973, and amendments thereto" by amending Schedule A -1 and
Schedule B, be read a second time.
Question being taken, the motion was carried.
Read a second time by title, the by -law entitled, "A By -Law Respecting Traffic on Streets
in the City of Saint John made under the Authority of the Motor Vehicle Act, 1973, and
amendments thereto ".
18. Adjournment
On motion of Councillor McAlary
Seconded by Councillor Strowbridge
RESOLVED that the Common Council meeting of
April 8, 2013 be adjourned.
Question being taken, the motion was carried.
The Mayor declared the meeting adjourned at 6:50 p.m.
Mayor / maire
Assistant Common Clerk / greffier communal adjoint
19
Thank You Q, 20`l1�?
�r
City of Saint John
Pathways to Empowerment
Mayor Mel Norton and Council An International Women's Day Ever :
City of Saint John Saint John. N$
Thank you very much for supporting Pathways to Empowerment.
We had over 250 participants attend the event, with 50% attending at no cost because of the support of
groups like the City of Saint John. These sponsored registrations were generally women living on low
income and clients of ours or our partners. Even Barb Stegemann, our keynote speaker, commented on
how the event had such a great and real mix of women from all income brackets and ages, making the
event that more special. What may be more interesting to you is how we enabled many of our
entrepreneurs and graduates from our Enterprising Women program get some great experience. Rhoda
Welshman, Owner of ReAction Events, organized the cocktails and canvas mixer, which attracted over
75 women the night before. Alisha Anderson, Owner of Dione Cosmetics, introduced the keynote
speaker. And Marlon Pelletier, delivered one of the most appreciated workshops, `Work Life Balance'.
Plus many of our Enterprising Women graduates had booths in the marketplace, which bustled with
activity.
To wrap up, we conducted a post event survey of participants and had an overwhelming response. We
consistently were told that the workshops, speakers and networking opportunities were second to
none. Some said that, `this was a life changing experience'. Most asked us to hold the event once
again next year!
So, again, thank you very much for your donation. It helped us present an event that celebrated the
amazing paths women have chosen while building skills and relationships to carve new pathways for the
future. I hope we can continue to collaborate to promote enterprise and leadership in New Brunswick!
6K&Licl
Louise Beland, President of the Board of Directors
Saint John Community Loan Fund
CONFERENCE ORGANIZING COMMITTEE
Louise Beland - Seth Asimakos - Judi Chisholm - Melanie Vautour - E20Gallagher - Liann Trainor - Vicki Cosgrove - SJ Community Loan Fund
Christina Fowler - SJ Learning Exchange - Brenda Murphy - Urban Core Support Network - Rhoda Welshman - Reaction Events
Belinda Kumar - Province of NB - Catherine Doucette - Creativity that Inspires
/e'
.�� � .ter, �. - - - �•
opol
21
REPORT TO COMMON COUNCIL
M & C — 2013 -73
April 15, 2013
His Worship Mayor Mel Norton and
Members of Common Council
Your Worship and Councillors:
SUBJECT: STREET NAMING
Background
City of Saint john
A request was received, from Minister Trevor Holder (see attached letter), asking that the
currently unnamed street off of Kennebecasis Drive allowing access to the ferry to the
Kingston Peninsula be named "Bravo Landing" in order to commemorate the members of
22 Bravo Company who fell in Afghanistan, in 2007.
Because this street is within New Brunswick Department of Transportation and Infrastructure
land, City Staff have consulted with representatives from the provincial department who have
indicated that they have no objections to naming this street "Bravo Landing ".
This proposed street name meets NB 9 -1 -1 guidelines; therefore City Staff have no
objections.
Recommendation
It is recommended that Common Council amend the list of Official Street Names and approve the
following change:
1. Add the name debarquement Bravo Landing.
Respectfully submitted,
Amy Poffe , P.Eng, MBA
Acting Commissioner
Growth & Development Services
rip
J. Patrick Woods, CGA
City Manager
22 Wrj
5.3
New Nouveau
�u s vIC
C A N A D A
April 11, 2013
His Worship Mel Norton, Mayor
Members of Common Council, City of Saint John
15 Market Square
P.O. Box 1971
Saint John, NB E21- 4L1
Dear Mr. Mayor and Members of Common Council:
Subject: Bravo Landing
The purpose of this letter is to request that the City of Saint John name the Millidgeville Ferry
access road, adjacent the newly created Private David Greenslade Peace Park, as `Bravo
Landing' and further designate the street address of the park as `22 Bravo Landing'.
To begin, I would like to recognize and thank the members of the Private David Greenslade
Peace Park Committee for their dedication and commitment in creating the Private David
Greenslade Peace Park.
This new park, built on land that Private Greenslade was very familiar with, is a fitting tribute to
the six members of 22 Bravo Company who fell on April 8, 2007 in Afghanistan. In the park, six
red maple trees with accompanying plaques provided by the Royal Canadian Regiment will
acknowledge the fallen comrades.
As a further commemoration, the Committee would like to see the Company's call sign reflected
in the name of the adjacent ferry access road as well as the street address of the park.
Therefore, as Member of the Legislative Assembly for Saint John Portland, and as Minister of
Tourism, Heritage and Culture, I am formally requesting that the Millidgeville Ferry access road
be named `Bravo Landing' and that the Private David Greenslade Peace Park have the civic
address `22 Bravo Landing'
Sincerely,
Trevor A. Holder
Minister
C.C. Mr. Kevin Watson, Manager of Recreation, City of Saint John
Mr. Yves Leger, Manager of Geographical Information Systems, City of Saint John
Minister /Ministre www.gnb.ca
Tourism, Heritage and CulturelToutisme, Patrimoine e: Culture
P.G. Box C.P. 6000 Fredericton New Brunswick /Nouveau- Brunswick E3B5H1 Canada Tel./Tel. (506) 453 -3009 Fax/Telec. (506) 457 -4984
-A
REPORT TO COMMON COUNCIL
M &C 2013 -78
April 16, 2013
His Worship Mayor Norton
And Members of Common Council:
Your Worship and Councillors:
IM
The City of Saint John
SUBJECT: Request from Kennebecasis Rowing Club — L.R. Ross Trust Fund
BACKGROUND:
The L.R. Ross Fund was established in 1921 through the gift of $1,250 and the
"Ross Memorial Cup ". The Cup was to be competed for annually by amateur single
scullers aged twenty -one or under who are residents of the Maritime Provinces.
The income from this Trust was to be used to provide a duplicate cup for the
winner of each race held. Changes to the Trust in 1986 now allow for the funds to
be used to promote the sport of rowing within the City of Saint John and its
suburban communities, provided that an amount of $4,000 remains in the fund to
enable the "Ross Memorial Cup" to be duplicated when necessary.
The Kennebecasis Rowing Club has submitted a letter to the City Manager dated
March 14, 2013 requesting the City approve a grant in the amount of $3,000 from
the L.R. Ross Fund to purchase a new rowing boat that will be used at the Canada
Games and the Kennebecasis Rowing Club's developmental programs (Appendix
A).
ANALYSIS:
This is an excellent opportunity for the city to show its support of the sport of
rowing in Saint John. This year is a Summer Canada Games year and members of
this club will likely represent the majority of the New Brunswick rowing team. The
Kennebecasis Rowing Club is the only club in the Greater Saint John area
recognized by Rowing New Brunswick, the official Provincial Sport Organization
governing body for rowing. This club has a rich history of representing Greater
Saint John throughout the Maritimes, Canada and internationally.
The Kennebecasis Rowing club supports the concept of Active Living as presented
in the City of Saint John's PLAY SJ Strategic Plan for Recreation and Parks by
offering programs that range from athlete development, to elite competition such
as the Canada Games, to sport for life through adult recreational rowing programs.
24
M &C 2013 -78
Request from Kennebecasis Rowing Club
April 16, 2013
2
The Kennebecasis Rowing Club has supported recreation programs offered by the
City of Saint John for many years at Rockwood Park.
The City of Saint John Legal Department has reviewed this request and advises
that this request falls within the guidelines of the fund (Appendix B).
FINANCIAL IMPLICATIONS:
The L.R. Ross Trust not been accessed since 1996 which has resulted in financial
growth of the fund to a balance of $23,687.14 as of March 31, 2013. The
Kennebecasis Rowing Club is requesting $3,000 from the fund which if approved
by Common Council will leave a balance of $20,687.14.
RECOMMENDATIONS:
Staff recommends Common Council approve the request for $3,000 from the L.R.
Ross Fund by the Kennebecasis Rowing Club.
Respectfully submitted,
Kevin Watson, B.P.E.
Manager, Neighbourhood Improvement & Recreation Programming
Michael Hugenholtz, P.Eng.
Deputy Commissioner,
Parks & Public Spaces
J. Patrick Woods, CGA
City Manager
Attached: Appendix A — Request from Kennebecasis Rowing Club
Appendix B — Legal opinion on Trust Fund Guidelines
25
M &C 2013 -78
Request from Kennebecasis Rowing Club
April 16, 2013
I
��R i B 2913
CITYNp,GER
Referred To "�"" r�
To the attention of the City Manager,
Kennebecasis Rowing Club
4 Crestline Road
Rothesay, NB
F2H 106
14- Mar -13
I am writing to you as a board member of the Kennebecasis Rowing Club, located in Rothesay, and as
the VP of High Performance for Rowing New Brunswick. The intention of this letter is to solicit support,
through the Ross Memorial Fund, for an initiative we are undertaking.
3
The sport of rowing in New Brunswick has a long and rich heritage. Names like the Paris crew, Wallace
Ross and James Renforth are well known in Saint John as some of the greatest rowers in the world back
in the later part of the 1800 and early 1900s. However Saint John's has much more recent examples of
rowing success. Since rowing was reintroduced into the Canada Summer Games in Saint John in 1985,
rowing has been New Brunswick's most successful sport at a summer games. We have won 7 gold
medals, 8 silver medals and 10 bronze medals. In fact rowing has accounted for 25% of all Canada
Summer Games medals New Brunswick has ever won. With only 2 rowing clubs in the province (Saint
John and Fredericton) many local athletes are responsible for these medals. Additionally, since 1980,
there have been 7 men and women from New Brunswick who have become members for the Canadian
National Rowing team, with one winning the world championships in 2000_ All in all we have been very
successful for a small club.
The Kennebecasis Rowing Club has provided men and women from the Saint John area with the
opportunity to participate in this sport. We have programs in the spring, summer and fall for all ages.
One of our most popular programs recently has been our high school program, which has had
participation of high schools from Kennebecasis Valley High School to Harbour View High School. Many
of the people that I spoke about earlier started in this high school program.
26
M &C 2013 -78
Request from Kenmebecasis Rowing Club
April 16, 2013
4
This year the Canada Summer Games are being held in Sherbrooke Quebec. New Brunswick expects to
send a strong competitive team to the games. We currently see a number of our athletes having a real
chance to win medals at the event. However a number of factors can impact that. Those factors which
we can control we work hard to address. One of these factors that can have an impact is equipment.
Rowing boats are expensive but have a direct impact on our athlete's results. We have currently
identified the need to acquire a new rowing boat to support some of our athletes who have been identified
as strong contenders for medal performance.
The Kennebecasis Rowing Club is looking to acquire a new rowing boat for the sum of $11,500. We
have currently raised $3,000 from a number of private supporters. We also will be soliciting our alumni
for $5,500. This leaves a shortfall of $3,000. We are asking that the Ross Memorial fund provide a
contribution of $3,000 to this initiative.
A portion of the fund, as we understand it, is to promote rowing Saint John and surrounding communities.
(Attached document). We have found that our performance at Canada Summer Games is one of the
most effective ways to promote rowing in the area. Having this new boat will allow us to offer additional
programs to another segment of the rowing community. We hope you will support our request.
Thank you for your time and attention on this matter.
Si rely,
John Oxley
Kennebecasis Rowing Club.
27
M &C 2013 -78
Request from Kennebecasis Rowing Club
April 16, 2013
The City of Saint John
Reserve and Trust Funds
NOTES TO FINANCIAL STATEMENTS
December 3l , 2010
3. TRUST FUNDS (continued)
L.R. Ross Fund
This fund ryas established in 1921 through the gift of $1,250 and the "Ross
Memorial Cup ". The Cup was to be competed for annually by amateur single
scullers, aged twenty-one years or under who are residents of the Maritime
Provinces. The income from this Trust was to be used to provide a duplicate cup
for the winner of each race held. Changes to the Trust in 1986 now allow for the
funds to be used to promote the slxrrt of rowing %%ithin flit City of Saint John and
its suburban cominunities. provided that an amount of $4,000 remains in the fund
to enable the "Ross Memorial Cup" to be duplicated when necessary.
A- Carle Smith Fund
Established in September 1976, funds were received from the estate of A. Carle
Smith. These funds are to be used for the maintenance of a wildlife sanctuary in
the South Bay area
iii- Centennial Fund
These funds are to be used for ceremonies marking the 200`f' anniversary of
Canada in the year 2067.
Saint John Non - Profit Housing [ "S.J.N.P.H. 111 Future Development Fund
This fund was established in 1987, on the sale by the City of the Rockwood Court
Complex. By resolution of Common Council, the proceeds in excess of the
amount required to meet the outstanding obligations of the Complex, amounting
to $470,726, were to be set aside and administered by Saint John Non -Profit
Housing incorporated. This fund is to be used for new housing initiatives subject
to restrictions set out by the City of Saint John.
W
M &C 2013 -78
Request from Kennebecasis Rowing Club
April 16, 2013
I
Its Gty or 8afnt John
John L. Nugent
Direct Line: 508.658.4088
Fax No.: 506.849.7939
Email: john.nugent tsaingohn.ca
April 5, 2013
Greg Yeomans
Commissioner of Finance, Administrative Services
City of Saint John
Dear Sir:
Re: Terms of the L.R. Ross Trust so- called
You had enquired as to the terms of the Trust in question and in particular
whether or not it would be consistent with those terms for the City to provide
money to the Kennebecasis Rowing Club for their purchase of one or more
sculls. The Trust in question was established by a Deed of Gift dated the 18'"
day of August, 1921. The Trust established thereby anticipated an annual race
by 'amateur single scullers 21 years of age or under who are bone fide residents
of the Maritime Provinces ..." and further anticipated that the winner would
receive a miniature replica of the Ross Memorial Cup which had also been
deeded to the City at the time.
The City applied in 1986 to vary the terms of that Trust and was successful. As a
result, the Court ordered amongst other things that:
(2) The applicant [the City] retain the sum of $4,000.00 in trust to
maintain sufficient funding to allow for the making of replicas of the
Ross Memorial Cup as provided for in the said Deed of Gift; and that
(3) The applicant [the City] expend all remaining monies now held,
capital and interest thereon as from time to time and at such times as
the applicant shall in its discretion deem advisable and appropriate to
promote the sport of rowing within the City of Saint John and its
suburban communities.
Our records indicate that the Trust as varied in 1986 remains in place today. As
a result, the City has significant discretion in expending the portion of the Trust in
excess of $4,000.00 the discretion being limited to those expenditures which the
City might "... deem advisable and appropriate to promote the sport of rowing
within the City of Saint John and its suburban communities." The purchase of
one or more rowing sculls could fit within the terms of the Trust. Prior to the City
SAINT JOHN PG. Box 1971 Saint John, NE. Canada UA 4L7 www.saintjoh.n.ce C.P. 1971 Saint John, N.-B. Canada UL 40
29
M &C 2013 -78
Request from Kennebecasis Rowing Club
April 16, 2013
commissioner Finance, Administrative Services
April 5, 2013
Page 2
Re: Terms of L.R. Ross Trust Fund
making such a decision, I would suggest however that it be determined what the
eligibility of membership might be for the Kennebecasis Rowing Club and what if
any other organizations promoting rowing in the City and the surrounding
°suburban communities" might exist. Our Recreation Division might be of
assistance with respect to the latter. With that information in hand I believe it
would be consistent with the terms of the Trust that the City make a decision
whether or not to purchase and provide the rowing sculls requested.
Yours truly,
John f. Nugent
City Solicitor
JLN /ws
REPORT TO COMMON COUNCIL
M & C — 2013 -80
16 April 2013
His Worship Mel Norton
and Members of Common Council
Your Worship and Councillors:
SUBJECT: Tender 2013- 084901T — Reinstatement of Utility Cuts — Asphalt Work
BACKGROUND:
The City of Saint John
Tenders were called for the reinstatement of cuts made in asphalt sections of roadway, curb, and
sidewalk over the winter period by Saint John Water crews doing emergency repairs on
underground water and sewer infrastructure. Milling and sealing was also included in the
tenders.
This is an annual activity to make permanent repairs to cuts which were temporarily reinstated
with cold mix or granular material during the winter period.
This work consists generally of the supply of all necessary labour, materials and equipment for
the reinstatement of approximately 13,000 square metres of asphalt roadway, 2,000 square
metres of asphalt sidewalk, 200 linear metres of asphalt curb, and 10,000 square metres of
milling and sealing using the methods established in the Municipal Operations General
Specifications.
Tendering this work will allow City forces to focus their efforts on repairing potholes and other
street deficiencies that have become more prominent during the winter and spring freeze and
thaw cycle.
ANALYSIS:
Tenders closed on April 10, 2013 with three companies submitting bids. Staffs of Materials
Management and Municipal Operations have reviewed the bid submissions and have found them
all to be complete in every regard.
31
M &C2013 -80
April 16, 2013
Page 2
The bids received were as follows:
Debly Enterprises Limited $1,220,750.00
Classic Construction Ltd. $1,118,850.00
NRB Construction Ltd. $1,081,000.00
Above amounts are exclusive of taxes
FINANCIAL IMPLICATIONS:
This is a planned expenditure and as such funds to cover the cost are included in Saint John
Water's 2013 Operating Budget and Municipal Operation's 2013 Maintenance Budget.
RECOMMENDATION:
It is recommended that tender 2013- 084901T: Reinstatement of Utility Cuts — Asphalt Work, be
awarded to the low bidder meeting all tender requirements, NRB Construction Ltd., at the
tendered price of $1,081,000.00 plus HST, and further, that the Mayor and Common Clerk be
authorized to execute the necessary contract documents.
Respectfully submitted,
Jodi Stringer -Webb, P.Eng.
Municipal Engineer
Wm. Edwards P.
g
Commissioner
Transportation & Environment
32
Kendall Mason, P.Eng.
Deputy Commissioner
Saint John Water
114�a
J. Patrick Woods, CGA
City Manager
REPORT TO COMMON COUNCIL
M & C — 2013 -81
16 April 2013
His Worship Mel Norton
and Members of Common Council
Your Worship and Councillors:
The City of Saint John
SUBJECT: Tender 2013- 084902T — Reinstatement of Utility Cuts — Concrete Work
BACKGROUND:
Tenders were called for the reinstatement of cuts made in concrete sidewalk, curb, and
curb /gutter sections over the winter period by Saint John Water crews doing emergency repairs
on underground water and sewer infrastructure.
This is an annual activity to make permanent repairs of cuts which were temporarily reinstated
during the winter period.
This work consists generally of the supply of all necessary labour, materials and equipment for
the reinstatement of approximately 800 square metres of concrete sidewalk, 400 linear metres of
concrete curb, and 75 linear metres of concrete curb /gutter using the methods established in the
Municipal Operations General Specifications. Tendering this work will allow City forces to
focus their efforts to repair deficiencies that have become more prominent during the winter and
spring freeze and thaw cycle.
ANALYSIS:
Tenders closed on April 10, 2013 with three companies submitting bids. Staffs of Materials
Management and Municipal Operations have reviewed the bid submissions and have found them
all to be complete in every regard.
M &C2013 -81
April 16, 2013
Page 2
The bids received were as follows:
Hi Roc Construction Ltd.
Maguire Excavating Ltd.
Midi Construction Ltd.
FINANCIAL IMPLICATIONS:
$165,600.00
$145,425.00
$139,750.00
Above amounts are exclusive of taxes
This is a planned expenditure and as such funds to cover the cost are included in Saint John
Water's 2013 Operating Budget.
RECOMMENDATION:
It is recommended that tender 2013- 084902T: Reinstatement of Utility Cuts — Concrete Work, be
awarded to the low bidder meeting all tender requirements, Midi Construction Ltd., at the
tendered price of $139,750.00 plus HST, and further, that the Mayor and Common Clerk be
authorized to execute the necessary contract documents.
Respectfully submitted,
Jodi Stringer -Webb, P.Eng.
Municipal Engineer
m. Edwards P�
g
Commissioner
Transportation & Environment
34
Kendall Mason, P.Eng.
Deputy Commissioner
Saint John Water
J. Patrick Woods, GA
City Manager
REPORT TO COON COUNCIL
M &C2013 -77
April 15, 2013
His Worship Mayor Mel Norton
and Members of Common Council
Your Worship and Members of Council:
The City of Saint John
SUBJECT: Contract 2012 -8: Crown Street — Sanitary Lift Station 7 & 7A, Force Main
and Sewer
("I _92111"
The purpose of this report is to update Council on the status of the Crown Street — Sanitary Lift
Station 7 & 7A, Force Main and Sewer project and associated costs.
BACKGROUND
Contract 2012 -8 consists of a project that was approved under the Harbour Clean-Up Program
for the construction of new sanitary lift stations at the end of King Street East and Elliot Row
including force mains and gravity sewer along Crown Street.
Common Council, at its meeting of June 4, 2012, awarded Contract 2012 -8 (M &C 2012 -129) to
Galbraith Construction Ltd. at a tendered price of $1,950,598.09. The budget for this project
under the Harbour Clean -Up program was $2,438,800.00. The completion cost of this project
including engineering and land acquisition was estimated to be $2,050,783.30.
ANALYSIS
The majority of the work under Contract 2012 -8 has been completed and invoices submitted with
the exception of some minor landscaping and asphalt reinstatement. Lift Station 7 and 7A have
both been completed. The final quantities and summary of change orders for the project have not
been finalized, however the project is nearing completion and the majority of the quantities and
change orders have been agreed upon between the City and the Contractor. The additional costs
on the project to date have been compiled into five categories as follows:
35
M &C2013 -77
April 15, 2013
Page 2
1.
Change Orders associated with additional work
$70,892.72
required during the course of the project such as
modifying new and existing infrastructure due to
conflicts with various utilities and actual
conditions different from plans.
2.
Change Orders related to removing and
$84,934.15
reinstalling electrical duct banks under the
Causeway, installing sewer casing pipes and after
hours work to energize Lift Station 7.
3.
Making improvements to existing piping and
$42,652.38
infrastructure discovered to be in poor condition
during the course of the project.
4.
Costs associated with repairs to leaking water
$14,526.45
mains and restoration of King Street East after a
watermain break.
5.
Difference between estimated and actual
$68,506.14
quantities used in the performance of the work.
Greatest differences were in asphalt and rock
excavation quantities.
Total Change Orders & Additional Quantities:
Minus: Contingency Allowance:
Net Additional Cost:
COST SUMMARY
Original Contract Value:
Minus: Contingency Allowance:
Value of Original Estimated Work:
Summary of Change Orders &
Additional Quantities :
Estimated Final Contract Value:
$281,511.84
- $166,110.00
$115,401.84
$1,950,598.09
- $166,110.00
$1,784,488.09
+$281,511.84
$ 2,065,999.93
The estimated final construction cost of the project based on change orders and additional
quantities to date is $2,065,999.93. The difference between the estimated final contract value
and the original tendered price is $115,401.84 ($2,065,999.93- $1,950,598.09). There is
sufficient funding within the original $2,438,800 project budget to cover the additional costs.
W
M &C2013 -77
April 15, 2013
Page 3
RECOMMENDATION
It is recommended that Common Council receive and file this report.
Respectfully submitted,
aki�'j
John Campbell, P. Eng.
Municipal Engineer
zz /z
Wm. Edwards P.��n .
g
Commissioner
Transportation and Environment
37
Brian Keenan, P. Eng.
Engineering Manager
J. Patrick Woods, CGA
City Manager
REPORT TO COMMON COUNCIL
M &C2013 -79
April 16, 2013
His Worship Mayor Mel Norton
and Members of Common Council
Your Worship and Members of Council:
The City of Saint john
SUBJECT: Honeysuckle / Sherbrooke Drainage Basin — Storm Sewer Improvements
BACKGROUND
The drainage basin encompassing the Honeysuckle Drive and Sherbrooke Street area of the West
Side comprises a drainage catchment of 100 +Ha. The basin is bounded by Manawagonish Road,
Main Street West, Lancaster Avenue and Sand Cove Road. Sanitary sewer flows, natural runoff
and piped storm water are directed by gravity downward into a relatively flat area at the bottom
of the slopes. These waters then flow westward parallel to the Throughway (Route #1) toward
the Lancaster Wastewater Treatment Plant (WWTP). Storm water is carried in Manawagonish
Creek to eventual discharge into the Bay.
Large volumes of rainfall runoff can be generated in this drainage basin. Flows reach low lying
areas relatively quickly, build up and then drain away more slowly because of the flat grades.
Given the age of some of the development, not all areas have separate storm and sanitary sewer
systems. Sewers that carry "combined" flows from street catch basins and other sources can be
overwhelmed during extremely heavy precipitation, contributing to basement back -ups in low
lying sections.
As part of the 2011 General Capital Program the following projects were approved by Council
for completion.
Engineering and Construction
1. Honeysuckle Sherbrooke Street Drainage — Ontario Street
2. Honeysuckle Sherbrooke Street Drainage Basin — Fundy Heights
3. Honeysuckle Sherbrooke Street Drainage Basin — Lancaster Avenue
4. Honeysuckle Sherbrooke Street Drainage Basin — Lancaster Mall Area
5. Honeysuckle Sherbrooke Street Drainage Basin — Beaver Court
Engineering Only
6. Honeysuckle Sherbrooke Street Drainage — Culvert #2
7. Honeysuckle Sherbrooke Street Drainage Basin — HADD
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M &C2013 -79
April 16, 2013
Page 2
On February 22, 2012 (M &C 2012 -36) Council accepted a proposal from Dillon Consulting
Limited, who was selected through the public call process, to complete design and construction
management for the seven projects noted above. Currently, Dillon Consulting is in the process of
completing the detailed design for all seven of the projects.
PURPOSE
The purpose of this report is to update Council on the project status as well as provide a revised
recommendation to Council to complete the above noted work based on findings during the
engineering design.
ANALYSIS
Through the engineering design process it was determined that there are substantial downstream
limitations with the City's existing storm sewer systems in the Honeysuckle Drainage Basin. As
a result upgrades to the storm sewer systems downstream of the project are required in order to
complete the projects noted above.
For tendering purposes the projects are recommended to be broken up into three phases. The
descriptions below describe the revised scope of work for the projects:
Phase I - Honeysuckle Sherbrooke Street Drainage — Culvert #2— It is recommended that Culvert
#2 be constructed in 2013 in order to limit downstream culvert surcharging on Honeysuckle
Drive. The proposed upstream work (Sand Cove Road / Ontario Street) will be adding more
storm water to Manawagonish Creek therefore upgrading the culvert is required before
completing work on Phase Il. As indicated above, currently Culvert #2 is only approved for
design in 2013.
Phase II - Honeysuckle Sherbrooke Street Drainage Basin — Fundy Heights & Ontario Street —
Substantial downstream upgrades are required to the City's downstream storm sewer systems in
order to implement this phase of the work. The proposed design includes several changes to the
original scope of work. The proposed changes are listed below.
1. Separation of the storm water from the sanitary sewer system on Sand Cove Road,
Cushing Street, Lewin Street, Young Street and Lawrence Street (Included in current
scope of work).
2. The construction of an underground storm water storage system on a City owned
property at the intersection of Sand Cove Road and Sherbrooke Street. The underground
storage system will control the storm water flows that travel to Sherbrooke Street from
the new separated upstream storm system.
3. Increase the size of an existing storm sewer system on Sherbrooke Street from Ontario
Street to the dead end.
4. Construct an above ground (ditches) and below ground (piped) storm sewer system at the
bottom of Sherbrooke Street to Molson Avenue that is parallel to the Route 1 Highway.
The proposed ditching and piping will require a Highway Usage Permit (HUP) from
Transfield Dexter Gateway Services Ltd.
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M &C2013 -79
April 16, 2013
Page 3
Phase III - Honeysuckle Sherbrooke Street Drainage Basin — Lancaster Avenue — Lancaster Mall
Area and Beaver Court. These projects will be completed through a combination of storm sewer
separations as well as installing a new sanitary sewer system in order to separate the storm and
sanitary sewer flows in this area. The proposed piping will require a Highway Usage Permit
(HUP) from Transfield Dexter Gateway Services Ltd.
The following are anticipated Tendering dates for the three phases of work:
1. Phase I - Honeysuckle Sherbrooke Street Drainage — Culvert #2 — April 23, 2013
2. Phase II - Honeysuckle Sherbrooke Street Drainage Basin — Fundy Heights & Ontario
Street — May 1, 2013 (Contingent on obtaining required HUP)
3. Phase III - Honeysuckle Sherbrooke Street Drainage Basin — Lancaster Avenue —
Lancaster Mall Area and Beaver Court. — June 18, 2013 (Contingent on obtaining
required easement acquisitions and HUP)
FINANCIAL IMPLICATIONS
The total Honeysuckle/ Sherbrooke Drainage Basin project budget is $3,325,000 (City Share and
Other Share). Based on current project cost estimates it has been determined that all above noted
phases can be completed within the current project budget.
RECOMMENDATION
1. It is recommended that Common Council approve the addition of the construction
component of the Honeysuckle Sherbrooke Street Drainage Basin — Culvert #2 with the
overall program budget remaining at $3,325,000 and further direct staff to proceed with
tendering of the Storm Sewer Improvements projects as outlined in this report.
Respectfully submitted,
U4
Michael Baker, P.Eng.
Municipal Engineer
Wm Edwards, P.Etyg.
Commissioner
Transportation & Environment
40
Brian Keenan, P.Eng.
Engineering Manager
J. Patrick Woods, CGA
City Manager
REPORT TO COMMON COUNCIL
M &C2013 -75
April 15, 2013
His Worship Mayor Mel Norton
and Members of Common Council
Your Worship and Members of Council:
SUBJECT: Engineering Services — Millidgeville Stormwater Detention Pond
:.TO "Z!)Z1li �I 1
The City of Saint John
The approved General Fund Capital Program contains funding to design and construct a
Stormwater Detention Pond in Millidgeville on a City owned property at Caledonia Brook
bounded by Boars Head Road to the North, Cambridge Drive to the West and Grantham Road to
the South.
A Request for Proposal (RFP) was advertised from March 13, 2013 to April 4, 2013 to engage an
Engineering firm to carry out the following services for the above noted project:
♦ Part A —Site Surveys, Preliminary Investigation and Data Collection
♦ Part B — Preliminary Design, Cost Estimates, and Design Report
♦ Part C — Conduct Public Consultation Process
♦ Part D — Detailed Design
♦ Part E — Tender Period Services, Materials Testing & Inspection, Red Books and
Record Drawings
♦ Part F — Construction Management
PURPOSE
The purpose of this report is to make a recommendation for consulting engineering services for
this project.
41
M &C2013 -75
April 15, 2013
Page 2
ANALYSIS
With a comprehensive terms of reference document developed by staff, a public call for
proposals was made for consulting engineering services. The Request for Proposal (RFP) closed
on April 4, 2013 with responses received from the following five consulting engineering
companies:
• GEMTEC Limited, Saint John, NB
• Brunswick Engineering and Consulting Inc., Saint John, NB
• Dillon Consulting Limited, Saint John, NB
• Crandall Engineering Ltd., Saint John, NB
• CBCL Limited, Saint John, NB
A Review Committee consisting of staff from Materials Management and Municipal
Engineering was formed to evaluate submissions.
Each member completed an independent review of the submissions and a joint discussion was
held to develop the final ranking of submissions. The Review Committee came to a conclusion
on their recommendation, which follows later in the report.
The evaluation process uses the expertise of a variety of staff from Purchasing and Engineering
to ensure a thorough review of the various submissions. Care must be taken to ensure that the
necessary level of effort and expertise is being directed to the various tasks involved in the work,
while still ensuring that costs to be incurred are appropriate and controllable. It is for these
reasons that cost, although very important, cannot be the sole nor most critical deciding factor in
making the selection of a consulting engineering firm.
The Committee was tasked with the role of reviewing each submission against the proposal
evaluation criteria as defined in the proposal call document. These criteria consisted of the
following:
1. Quality and Completeness — Does the proposal address all of the needs raised? Is the
proposal presented in an organized and professional manner?
2. Consultant's Experience — Has the consultant demonstrated a level of expertise with the
requirements of this project?
3. Experience of Employees /Sub- consultants — Has the consultant demonstrated a level of
expertise for the employees of the company and sub consultants listed?
4. Methodology — Does the approach to the project outlined in the proposal address, in a
realistic sense, attainable goals and is it in keeping with the City's expectations for the
project?
42
M &C2013 -75
April 15, 2013
Page 3
5. Value Added — What additional information, technology, process or options has the
consultant included in his proposal? Is there value added to the consultant's response for
this additional information?
6. Cost — Cost will be a factor, however not the only factor to be considered. Is the price
quoted in line with the City's estimate for the work and has it allowed for each aspect of
the project to be adequately addressed?
After careful, independent consideration of presentation, company experience, personnel and
technical proposal, the Review Committee met to analyze the findings of each member. After
completion of the "technical" evaluation, the financial proposals were opened and addressed.
These had been submitted in separate, sealed envelopes.
After due consideration, the Review Committee selected the submission of CBCL Limited as the
best proposal based on an overall rating of the evaluation criteria - presentation, company
experience, personnel, technical proposal and cost.
The submission from CBCL Limited met all of the requirements of the proposal call, in a manner
acceptable to the committee, with a cost - effective bid for the project.
CBCL's proposal scored the highest overall, offering the best overall solution for the City with
the most comprehensive methodology and approach, a project schedule to meet project
expectations and highly experienced and qualified project team members.
FINANCIAL IMPLICATIONS
The proposed cost of work from CBCL Limited to provide engineering design and construction
management services for this project is $297,529.00 including HST. This cost is based on an
estimated 30 week construction management period. An amount of $3,897,000 is included in the
General Fund Capital Program for engineering design, property acquisition, construction
management, and construction for this project.
INPUT FROM OTHER SOURCES:
Materials Management facilitated the RFP process to solicit proposals from Engineering
Consultants for the design and construction management of the stormwater detention pond.
The committee was tasked with the role of reviewing each submission against the proposal
evaluation criteria as defined in the proposal call document.
In accordance with the City's policies and procedures, separate assessments of the technical and
financial aspects of the submissions were undertaken by the evaluation committee members.
The above process is in accordance with the City's Procurement Policy and Materials
Management support the recommendation being put forth.
43
M &C2013 -75
April 15, 2013
Page 4
POLICY — ENGAGEMENT OF ENGINEERING CONSULTANTS
The costs incurred by the consultant will be paid in accordance with the terms of the Request For
Proposal at the rates submitted and accepted in the consultants proposal not to exceed the
Recommended Minimum Hourly Rates as contained in The Association of Consulting
Engineering Companies — New Brunswick fee guideline. The Construction Management
component of this project fee is based on an estimated 30 week construction period. The final
fee will be calculated based on the actual construction management period.
RECOMMENDATION
It is recommended that the proposal from CBCL Limited for engineering design and construction
management services for the Millidgeville Stormwater Detention Pond project in the amount of
$297,529.00 including HST be accepted and that the Mayor and Common Clerk be authorized to
execute the appropriate documentation in that regard.
Respectfully submitted,
Jodi Stringer -Webb, P.Eng.
Municipal Engineer
Wm. Edwards, P.Eng.
Commissioner
Transportation & Environment
44
Brian Keenan, P.Eng.
Engineering Manager
J. Patrick Woods, CGA
City Manager
-�� REPORT TO COMMON COUNCIL
M & C — 2013 -72
April 15, 2013
His Worship Mayor Mel Norton and
Members of Common Council
Your Worship and Councillors:
SUBJECT: HARBOUR CLEAN -UP — EASEMENTS FOR SLS # 31
Moosehead Breweries Limited — Off Main Street West
PIDs # 00034793 and 00035592
In relation to the Harbour Clean -Up project, Common Council has already:
City of Saint John
1. Accepted funding under the Canada Strategic Infrastructure Fund from the
Government of Canada for the Wastewater Treatment System Project #
2008 -2012; and;
2. Resolved that the City Manager be directed to proceed to negotiate the
acquisition by agreement, of all land interests required to a maximum of
125 per cent of the appraised value with intention to promote goodwill,
equity, and ultimately negotiated voluntary settlements on value.
Design engineering has determined that the favoured routing for a portion of the
Harbour Clean -Up gravity collection sewer network required to intercept
untreated sewage currently flowing into the Saint John River in the vicinity of
Simms Corner, is through two land holdings of Moosehead Breweries Limited.
The required easements cover a portion of PID # 00034793 and a portion of PID #
00035592 measuring approximately 202 square metres and 36 square metres
respectively. These two easements are illustrated on the CBCL Limited drawing
titled "SANITARY LIFT STATION #31 FORCEMAIN & SEWER
PRELIMINARY DESIGN ", dated FEB 2013 a copy of which is attached to this
letter.
Subject to Common Council approval, staff successfully negotiated agreement
with Moosehead Breweries Limited for the City's purchase of the required
easements at the total price of $5,990.00, being 125% of the appraised value of
same.
45
RECOMMENDATION:
That The City of Saint John acquire from Moosehead Breweries Limited
easements for municipal services in two (2) parcels of land; one being a
202 square metre +/- portion of PID # 00034793, and the other, a 36 square
metre +/- portion of PID # 00035592 for the total sum for both of $5,990.00
(plus HST if applicable),upon the terms and conditions contained in the
Agreement of Purchase and Sale document attached to M &C 2013 -72, and,
2. That the Mayor and Common Clerk be authorized to sign all necessary
documentation.
Respectfully submitted,
Gti��l
'X�Y�
Greg Yeoma�iS, CGA, MBA
Commissioner of Finance and Administrative Services
J. Patrick Woods, C.G.A.
City Manager
PW /p
attachments
46
Description of Plan: Moosehead Breweries Area — Main Street West
N PID: 00034793 and
00035592
A PAN: 04845818 and
o1700297
@ Easements for Harbour Clean -Up
Date: 15 April 2013
47
AGREEMENT OF PURCHASE AND SALE
The Purchaser agrees to purchase from the Vendor and the Vendor agrees to sell to the Purchaser
easements for municipal services in and through the Vendor's lands bearing PID# 00034793 and
00035592 as hereinafter set out upon the following terms and conditions:
Vendor: MOOSEHEAD BREWERIES LIMITED
PO Box 3100 Station B
Saint John, NB E2M 3H2
c/o Greg Foster
Purchaser: THE CITY OF SAINT JOHN
P.O. Box 1971
15 Market Square
Saint John, NB E2L4L1
Attention: Common Clerk
Premises: 1) An Easement for Municipal Services in and through a parcel of land identified as PID #
00034793 (civic address 89 Main St. West), comprising 202 square metres +/- as shown
on a drawing titled "Project Description SANITARY LIFT STATION #31 FORCE MAIN &
SEWER PRELIMINARY DESIGN" prepared by CBCL Limited and dated FEB 2013, and,
2) An Easement for Municipal Services in and through a parcel of land identified as PID #
00035592 (civic address Mill St. West), comprising 36 square metres +/- as shown on a
drawing titled "Project Description SANITARY LIFT STATION #31 FORCE MAIN & SEWER
PRELIMINARY DESIGN" prepared by CBCL Limited and dated FEB 2013, and,
(Premises 1) and 2) above hereinafter being collectively called the "Lands "), a photo -
reduced copy of said drawing is attached hereto as Schedule "A ".
Purchase Price: $ 5,990.00 + HST if applicable
Deposlt: $990.00 payable upon adoption of Common Council Resolution
Balance: $5,000.00 on g
sp y closing
V) �-��
Closing Date: On or beforellrFag3�; 2013
1. The Purchaser shall acquire from the Vendor an easement and rights at the cost, risk and expense
of the Purchaser, by its officers, servants, agents, contractors and workers, to enter the Lands with
machinery, materials, vehicles and equipment and to construct, alter, maintain, inspect and repair
underground water mains or pipelines, storm sewers, sanitary sewers or any like municipal works
Including all related works appurtenant thereto, promptly restoring as far as is practical the surface of
the Lands to the same conditions as it was prior to the commencement of the work or excavation,
together with the right by action or otherwise at any time to enjoin the Vendor, including the heirs,
1
EN
Agreement of Purchase and Sale
Moosehead Breweries Limited_ and The City of Saint John
executor, administrators, successors and assigns of such Vendor from erecting or locating an the Lands
any building, structure or other obstacle which could impair the free and full use of the easement or
permitting the erection or location thereon of any such building, structure or other obstacle.
2. The Purchaser may examine the title to the Lands at its own expense until closing, If within that
time any valid objection to the title to the Lands is made in writing by the Purchaser to the Vendor which
the Vendor shall be unable or unwilling to remove within twenty (20) days of notification of such
objection or objections and which the Purchaser will not waive, this agreement shall, notwithstanding
any intermediate acts or negotiations in respect of such objections, be null and void and any deposit
shall be returned by the Vendor without interest and the Vendor shall not be liable for any costs or
damages.
3. (1) The Purchaser shall prepare at Its cost any Plan of Survey required to effect the conveyance
herein contemplated; and
(ii) The Purchaser shall reimburse the Vendor up to $500.00 for legal fees (including HST)
expended by the Vendorto finalize this conveyance; and
(iii) The Purchaser shall pay for all administration (including appraisal) fees required by the
mortgagee (if applicable) to postpone the mortgage, and
(iv) The Purchaser shall pay for registration and filing fees at SNB for the plan, Grant of Easement
and Postponement.
4. If the Purchaser defaults in the closing of the sale under the terms of this Agreement, any money
paid hereunder shall be forfeited to the Vendor by way of liquidated da and the Vendor shall have
e
no further recourse. It M 0' � 3 r-rt
5. This offer shall be irrevocable by the Vendor until 4:00 p.m. to ' on Wlafeh -2% 2013 and
upon acceptance by the Purchaser shall constitute an Agreement of Purchase and Sale binding upon the
parties hereto.
6. The Purchaser, by its authorized representatives, with such equipment as may be necessary, have
a right of access to, in and upon the parcels of land identified as PID #00034793 and 00035592 at any
time provided such right is exercised with as little disturbance as possible to the Vendor and does not
unduly interfere with the Vendor's use of the said parcel of land at such time and for such purposes
hereinafter set out:
(a) The right of access is to allow the Purchaser to make improvements to the City of Saint John
sewerage system;
(b) The right of access to, in and upon PID #00034793 and 00035592 shall terminate at 11:59 p.m.,
local time, on the Closing Date;
(c) Any entry to, in and upon the Real Property shall require prior notice to the Vendor. The
Purchaser will advise the Vendor when the project is tendered and again when it is awarded. The
Purchaser will give the Vendor a work schedule two weeks in advance and will endeavor to minimize
2
49
Agreement of Purchase and Sale
Moosehead Breweries Limited. and The Cty of Saint John
the impact on the Vendor. The duration of the excavation, installation of piping, and refilling of the
excavation will take approximately one week to complete on each parcel. The Purchaser will specify
timellnes that are achievable without jeopardizing quality and safety. Once construction work begins
it is extremely difficult to stop. If necessary, daily meeting and /or phone conversations with the
Vendor will occur to ensure that the effect on the Vendor's operations is minimized. Trucks and
equipment will need to be able to move alongside the easement during construction, however, the
contractor will be instructed to minimize the effect of same on the Vendor. Pavement, gravel and
grassed areas disturbed will be re- instated as soon as practical following completion of the project.
The Purchaser will include in the contract documents and pre - construction meetings that the
contractor and contractor's employees cannot park their personal vehicles on site;
(d) Any entry by or on behalf of the Purchaser shall be at its risk, cost and expense and the Purchaser
shall make good any and all damage caused to PID 600034793 and 00035592;
(e) The Purchaser, for itself and is authorized representatives, hereby indemnifies and saves harmless
the Vendor from and against all matters arising by reason of the exercise by the Purchaser or by its
authorized representatives of the rights given by this right of access.
7. This Agreement shall be binding upon the parties hereto, their respective heirs, executors,
administrators, successors and assigns.
IN WITNESS WHEREOF the Vendor has caused these presents to be executed this 11 day of
2011
i
AND the Purchaser has caused these presents to be executed this day of .. , 2013.
THE CITY OF SAINT JOHN
Mayor
Common Clerk
Common Council Resolution:
50
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APPROXIMATE AREA OF
EASEMENT: 358M,2
ti OWNER: SAINT JOHN
AND MAINE RAILWAY
40 37, PVC COMPANY
PROPOSED CSO
CHAMBER #1
AREA OF EXISTING
EASEMENT.' 502m'
4 1 OWNER:
Aa3 MOOSEHEAD
BREWERIES LIMITED
AREA OF EXISTING
EASEMENT
EXTENSION: 202m'
MOOSEHEAD
OWNER:
BREWERIES LIMITED
moo
CBCL LJMFFED
owRom somas 7
v'
GAS MUM STATION
APPROXIMATE AREA OF
EASEMENT. 542m'
OWNER: NEW
BRUNSWICK SOUTHERN
RAILWAY CO LM
PROXIMATE AREA OFI
EASEMENT, 36m
OWNER: MOOSEHEAD
BREWERIES LIMITED
APPROXIMATE AREA OF
EASEMENT. 503m'
OWNER: NEW
BRUNSWICK SOUTHERN
RAILWAY CO LTD
CITY OF SAINT JOHN
MUNICIPAL OPERATIONS &
ENGINEERING
PROPOSED
SANITARY LIFT
9TATION &
VELL 131 WET
CONTROL
BUILDING
PR6POSED CSO
CHAMBER-J2
APPROXIMATE AREA OF
EXISTING EASEMENT.
EXTENSION 268m'
OWNER: J.D. IRVING.
LIMI'TED
SANITARY LIFT STATION #31
FORCE MAIN & SEWER
PREUMINARY DESIGN
hy i�
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PRELIMINARY DESIGN REPORT
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REPORT TO COMMON COUNCIL tio
M &C 2013 - 76
April 17, 2013
His Worship Mel Norton
And Members of Common Council:
Your Worship and Members of Common Council:
SUBJECT Business Case for Specialized Internal Service Collaboration
BACKGROUND
The City of Saint John is one of the most industrialized communities in Canada. Our
refining, paper processing, power generation activities are scattered across our large
geographical area and provide that at any given moment there is a confined space and/or
high angle activity underway. Whether it is equipment inspection, high angle
construction, product inspection/analysis /verification; confined space and high angle
operations are a regular occurrence within the Saint John area. Rope rescue technician
skills /competence is the foundation piece for high angle and confined space operations.
Rope rescue technician is a very complex, and technical skill set of which there are very
few certified instructors. Three members of Saint John Fire Department Operations are
certified to deliver rope rescue technician competence.
Surprisingly high angle, confined space and fall arrest emergency response have never
been part of the emergency response training profile for the Saint John Fire Department;
and as such, the Saint John Fire Department has historically not been able to provide a
competent or certified emergency response to incidents involving high angle, fall arrest,
or confined space. High angle, confined space and fall arrest competencies are collective
needs of Saint John Water as well as the Transportation & Environment Services, and
further to recent changes to legislative requirements; both services have a real and
ongoing need for high angle, fall arrest and confined space training, stand -by and
emergency response.
Given the emergent, regulated and real need for rope rescue competence (high angle
response), Saint John Water has approached the Saint John Fire Department for
assistance. With the specialized need in mind and through a collaborative effort Saint
John Water and the Saint John Fire Department have assessed all of the critical
infrastructure sites with a purpose of designing emergency plans and anchoring points
for high rise rope applications. Furthermore, the Saint John Fire Department has been
IIPage
53
somewhat successful in developing a first rendition of a high angle response team, albeit
it is limited in depth and availability.
The purpose of this report is to seek Common Council's support of a temporary Fire
Training Assignment which will enable one of the three rope rescue technicians
(currently assigned to operations) to move to a temporary day work assignment within
the Training Division. The temporary day work assignment would conclude on
December 31, 2013 and enable the fire department training staff to become certified as
rope rescue technician trainers. It is also anticipated that six to ten personnel from each
of the 4 Platoons will attain rope rescue technician status during the period of the
temporary assignment, after which the Saint John Fire Department will for the very first
time be fully competent to provide high angle and confined space emergency response,
training and stand -by services.
ANALYSIS
Emergency Response — Technical Rescue
The National Fire Protection Association (NFPA) standard identifies seven types of
technical rescue responses. The Saint John Fire Department is not a competently trained
as a high angle or confined space responder. Indeed there have been incidents where
Saint John Fire Department personnel have responded and worked to mitigated
emergencies involving high angle environments without the security of being properly
equipped or trained. It is important to note that the base training for high angle and
confined space rescue is rope rescue technician competence.
There are three NFPA standards which address rope rescue competence:
• NFPA 1006 — Standard for Technical Rescuer Professional Qualifications
• NFPA 1670 — Standard on Operations and Training for Technical Rescue Incidents
• NFPA 1983 — Standard on Life Safety Rope and Equipment for Emergency Services
In addition recent changes to the Occupational Health and Safety Act for the Province of
New Brunswick have imposed a greater level of responsibility on those conducting high
angle and confined space operations.
The Saint John Fire Department is currently working to develop high angle and confined
space response throughout the Saint John Community. The base skill set of technical
rope rescue is complex and unique and not a historical competence of the Saint John Fire
Department Training Officer. Fortunately, three of the fire department's operational fire
fighters are rope rescue technicians and are the back -bone of the department's efforts to
develop a competent confined space and high angle emergency response. The three rope
technician have put together the package of standards and training curriculum to move
the initiative forward and have been successful in developing a limited response team
within one of the four work platoons. The three technicians have also worked with Saint
John Water in designing their high angle emergency preplans for Saint John Water
department facilities.
21 Page
54
The current practice of utilizing the three on -duty operational firefighters to deliver the
rope rescue technician training is challenging at a number of levels including:
• Access to all 40 of the interested individuals (8 to 10 people in each group)
• Continuity of delivery across three different instructors
• Interruption to training delivery as a result of calls
To this end, it would be better to have one of the dedicated rope technician trainers
assigned to day work with a goal to develop complete high angle and confined space
rescue teams across all four work platoons.
Financial Consideration
The maximum one -time cost to deliver the rope rescue technician training through a
temporary assignment is $45,000.00. Peter Morgan, Manager of Safety and Policy for
the City of Saint John estimates that there will be an annual corporate savings of $34,000
if the Fire Department's Training Division acquires rope rescue technician skills. Aside
from the corporate savings there will be numerous revenue generating opportunities for
external rope rescue training, standby, and response services as a result of this
specialized competence. The Saint John Fire Department has already received enquiries
as to its ability to provide rope rescue training, response or stand -by service.
Economic Development
There are numerous economic projects on the horizon that could potentially involve high
angle or confined space emergency response, training, or stand -by services. The
December 31, 2013 completion date for the technical rope rescue program provides good
positioning for other opportunities, if indeed any of the potential projects come to
fruition.
Input from Other Sources
Human Resources Department City of Saint John — Along with the financial cost
savings as noted above, Mr. Peter Morgan provides the following commentary on the
significant qualitative benefits inherent to this initiative. Speaking about the fit testing
program which Saint John Fire currently provides to both Saint John Water and
Municipal Operations personnel Mr. Morgan states that "The fit- testing services
provided by the Saint John Fire Department are far more reliable than typical vendor -
provided testing, and place the organization in afar stronger position of due diligence
and conformity to evolving regulatory requirements respecting this vital safety service. "
Mr. Morgan goes on to state: "Moreover, use of internal resources allows us to better
tailor the training curriculum and the training environment to our specific requirements.
Confined Space Training is a case in point. Beyond simple generic ratings of
performance in a simulator (typical of outsourced Confined Space training), the Saint
John Fire Department Training Team, in concert with Saint John Water Management
staff, will deliver realistic exercises in field environments in which Saint John Water
personnel work.
31 Page
55
Enhanced flexibility in scheduling is another benefit of utilizing the Saint John Fire
Department for the training needs of Saint John Water and Transportation /Environment
Services. External Training Service Providers normally have commitments to other
clients, and may not always be in a position to deliver training at times which are most
expedient operationally, in spite of their best efforts to accommodate our needs.
Finally, it should be noted that important intangible benefits arise from staff
representing diverse service areas working together in ways that are entirely new, for
the very first time. The increase in cross functional communication, organizational
understanding, and collegiality should not be understated. New working relationships
arise from such ventures, which in -turn and of themselves sow the seeds of future
innovation and work process improvement.
For all of the reasons cited, the collaborative specialized services initiative of the Saint
John Fire Department and Saint John Water should be encouraged and strengthened. It
adds significant value to operations, makes excellent business sense, and brings the
organization together in ways that help make the whole greater than the sum of its
parts ".
Saint John Water provided the following support comments - New Brunswick
regulation 2010 -159 for Fall Arrest requires that high -angle rescue procedures be
developed and followed for any locations exceeding 7 meters in elevation or depth.
Saint John Water requires high -angle rescue capability in three different areas - SCADA
towers, water storage reservoirs, and at the wastewater treatment plants.
SCADA - Saint John Water continuously monitors water and wastewater infrastructure
and the quality of the City's drinking water using a Supervisory Control and Data
Acquisition (SCADA) system, which is a server -based alarm, response, and control
system that oversees all water and wastewater facilities (treatment, pumping, collection,
storage, pressure control, etc). The SCADA monitoring system includes antennas and
radios installed on four SCADA towers - three are 45 meters high, and one is 30 meters
high. The infrastructure at the top of these towers requires regular maintenance and
occasional emergency repairs throughout the year to provide continuous monitoring and
alarming of Saint John Water locations. Saint John Water employees are trained and
qualified to climb the towers and carry out repairs; however they are not trained for
rescue capability.
Water storage reservoirs — Saint John Water staff currently operate seven water tanks
throughout the City, ranging from 7 -16 meters for the six standpipes, and 36 meters for
the Churchill Heights elevated tank. Staff is required to regularly inspect these
reservoirs, including the roofs and ventilation equipment, under the City's Approval to
Operate Water and Distribution Facilities.
Wastewater Treatment Facilities — Saint John Water operates two wastewater treatment
facilities with process tanks approximately 7 metres in depth. Entry is required annually
for inspection purposes.
41 Page
56
Training Saint John Water staff to the degree required to provide high angle rescue
emergency coverage for their fellow employees would be a major challenge in terms of
time away from work for training and practice. Also, the cost of travel to send employees
to the training and the equipment to carry out the work would be substantial.
Saint John Water would benefit greatly from the proposed training of the Saint John Fire
Department in high angle rescue. Fire Department staff would be well equipped, trained,
prepared (practiced at each location) and available on short notice. Given the urgency
of SCADA repairs in particular, this is extremely important.
Saint John Port — Saint John Port CEO Jim Quinn provides "High Angle and Confined
Space training and resulting enhanced skills bode well when firefighters respond to
incidents involving vessels at the Port".
CONCLUSION
A thorough analysis of the proposed temporary training assignment indicates that there is
clear qualitative and quantitative evidence in support of the proposal.
Both internal and external quantitative and qualitative evidence supports the temporary
placement of one of the fire departments rope rescue technicians to a day work training
assignment. The temporary increase in fire department establishment (to be terminated
on or before December 31St 2013) will have a maximum one -time cost of $45,000, with
an annual internal cost avoidance estimate to be around $34,000 (i.e. 16 month payback).
This obvious value for money proposition is truly understated from the standpoint of the
overall potential economic opportunity and the value of the intangible benefits inherent
to a collaborative and unique initiative throughout the diverse service areas within the
municipal organization.
RECOMMENDATION
It is recommended that Common Council support the temporary assignment as proposed
herein and direct the Fire Chief to terminate the temporary assignment on or before
December 31, 2013.
Respectfully submitted,
Kei CIiif for AC. :O.
Fire Chief
J. Patrick Woods, C.G.A.
City Manager
51 Page
57
Y
Mayor Mel Norton
Mayor's Office
Bureau du maire
PROCLAMATION
WHEREAS: The expression, Pay It Forward, is used to describe the
concept of asking the beneficiary of a good deed to repay it to
others instead of to the original benefactor; and
WHEREAS: The International Pay it Forward Foundation has adopted a
bracelet to act as the physical reminder of why we need to do
simple acts of kindness in our community. This reminder is
then physically passed forward to the beneficiary of the good
deed with the hope that it is in turn "paid forward "; and
WHEREAS: The purpose of the Pay it Forward movement is to inspire
people wearing a bracelet to pass it on through positive
actions. It becomes the ice breaker to remind the next person
why they should do nice things for people; and
WHEREAS: Annually April 25th is recognized as Pay It Forward Day, in
2012 people in over 52 countries participated and for 2013
the aim will be to generate 5 million acts of ki dness.
NOW THEREFORE: I, Mayor Mel Norton of Saint John
do hereby proclaim the week of April 22nd _ 29th 2013 a Pay It Forward
Week in the City of Saint John.
In witness whereof I have set my hand and affixed the official seal of the
Mayor of the City of Saint John.
58
SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 I www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1
The City of Saint John
Mayor Mel Norton
Mayor's Office
Bureau du maire
4)-1
SAINT JOHN
PROCLAMATION
WHEREAS: On April 26 -28, 2013, millions of children, teens, and young
adults, ages 5 -25, and their adult allies and champions in over
100 countries on 6 continents will change the world,
addressing critical issues including health, education,
environment, hunger, poverty, disaster preparedness and
response, and human rights; and
WHEREAS: The Resource Centre for Youth in Saint John is a Lead agency
partnering with Youth Service America to provide Canadian
participation; and
WHEREAS: Over 30 schools and organizations in the Southern New
Brunswick area will be celebrating and promoting youth
service and the value it brings to the City of Saint John.
NOW THEREFORE: I, Mayor Mel Norton; /�-----�of Saint John do hereby
proclaim that April 26 -28, 2013, are Global Youth Service Days. All citizens are
encouraged to recognize the accomplishments and contributions of the youth of Saint
John.
In witness whereof I have set my hand and affixed the official seal of the
Mayor of the City of Saint John.
59
P.O. Box 1971 Saint John, NB Canada E2L 4L1 i www.saintjohn.ca
C.P. 1971 Saint John, N. -B. Canada E2L 4L1
Mayor Mel Norton
Mayor's Office
Bureau du maire
WHEREAS: During the week of April 21 - April 27, 2013,
Volunteers across Canada are recognized for their
hard work in giving back to the community; and
WHEREAS: Rogers TV works with volunteers on a national
and provincial level and have over 200 volunteers
in the province of New Brunswick with over 60
here in the city of Saint John; and
WHEREAS: The goal of Rogers TV is to provide community -
based programming with the help and
participation of people in the community for the
benefit of viewers at home, providing over 3600
hours of programming annually, including
coverage of our Common Council Proceedings; and
WHEREAS: Rogers TV in the City of Saint John and Province
of New Brunswick is an important facet of our
communities, helping to raise over 380 Thousand
Dollars through telethons each year to different
charitable organizations.
NOW THEREFORE: I, Mayor Mel Norton, of Saint
John do hereby proclaim the week of April 21 - April 27, 2013 as
Volunteer Appreciation Week, and urge everyone to take time to
thank a volunteer for all the hard work that they do.
In witness whereof I have set my hand and affixed the official seal
of the Mayor of the it of Saint John.
60
SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 i www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1
ROGERS Q'
Monday, April 08, 2013
Re: National Volunteer Week Proclamation
To: Mayor Mel Taylor and Common Council
Rogers TV
a division of Rogers Cable Communications Inc.
377 York Street
Fredericton, N.B. E3B 3P6
Tel. (506) 462 -3673
Fax (506) 452 -2846
I respectfully request that the enclosed proclamation be read at the regular
meeting of Saint John Common Council on Monday, April 15, 2013.
With Rogers TV's coverage of the Empty Stocking Fund in Saint John, with it's
highest earnings yet, local service group bingos and long form coverage of local
events, this is just one example of Rogers TV's commitments to the community.
This proclamation is just part of our efforts to thank our volunteers for the many
hours of hard work throughout the year.
With the support of several organizations, and especially that of Saint John
Common Council, we hope to give back to all volunteers a little of what they give
to our community each year.
If you have any questions regarding Rogers TV, I can be reached by telephone
at 1 -866- 285 -8604, or by e -mail at mitchell.cireencorn@rci.rociers.com.
Sincerely,
Mitchell Greencorn
Coordinator of Volunteer Resources
Rogers Television, Zone One, New Brunswick
0 ROGERS 61
Mayor Mel Norton
Mayor's Office
Bureau du maire
/_l
%V
SAINT JOHN
PROCLAMATION
WHEREAS: every year nearly one thousand Canadian
workers are killed by workplace injuries and
many more die from occupational disease,
and
WHEREAS: thousands more are permanently disabled,
and
WHEREAS: tens of thousands are injured or made ill, and
WHEREAS: concerned Canadians are determined to
prevent these tragedies by:
-- observing April 28th as a day of mourning to
remember these victims of workplace injuries
and disease;
-- renewing our efforts to seek stronger safety
and health protections, better standards and
enforcement, and fair and just compensation;
and
-- rededicating ourselves to improving safety
and health in every Canadian workplace
NOW THEREFORE: I, Mayor Mel Norton, of
Saint John do hereby proclaim April 28th, 2013 as a Day of
Mourning in recognition of workers killed, injured and disabled
on the job.
In witness whereof I have set my hand and E
official seal of the Mayor of the City of Saint John
P.O. Box 1971 Saint John, NB Canada E2L 42 I www.saintjohn.ca I C.P. 19;
Mayor and Common Council,
As April 28'�' National Day of Mourning approaches we ask that
the city of Saint John once again recognize the significance of this
day by proclaiming it as a Day of Mourning in recognition of
workers killed, injured, or disabled on the job.
Please see attached information for details of this year's ceremony
and proposed proclamation.
Thank you,
Mike Duncan
On behalf of The Hatheway Trust
63
2013
April 28th- - "Day of Mourning Ceremony"
This year's "Day of Mourning Ceremony" will be held at the April 28"
"Day of Mourning Monument," located outside the Frank & Ella Hatheway
Labour Exhibit Centre, Rockwood Park.
The Ceremony will be held on Sunda-v, April 28th, at 12 noon.
C. Jason McInnis, Canadian National Director of Health and
Safety, International Brotherhood of Boilermakers, Will Be This
Year's Keynote Speaker.
There will be a reception, courteous of WorkSafeNB, following the "Day of
Mourning" Ceremony.
64
Presentation to Saint John City Council
By: Peter McGill, Director of Saint John College
University of new Brunswick- Saint John
Date: April 22, 2013
Opening comments:
Good evening your Worship, and Councilors. Thank you for allowing me to present
to you this evening. My Name is Peter McGill and I am the Director of Saint John
College- the English language- training center for the University of new Brunswick -
Saint John.
I am here tonight with my Colleagues from International Recruitment Centre for
UNB; manager, Angelique Simpson, recruiters, Christopher Beardsworth, Jennifer
Waldschutz, Andrew Dunphy and Mr. Ji Li, one our trusted agents for recruitment in
China. By the way, Mr. Li came to UNBSJ in 2000, enrolled in English language
training at UNBSJ, became fluent in English, subsequently earned his Bachelor of
Business Administration degree here and now lives with his wife and family in
Milledgeville and operates a very successful Oriental Development company.
My purpose tonight is to tell you about Saint John College and its role at UNBSJ, as
well as to present you with a gift from the Mayor of the city of Mi Shan, in Northern
China, with whom you have had previous correspondence.
I will be brief in my comments, knowing you have many pieces of business to deal
with this evening.
Before speaking to you about Saint John College and its role at UNBSJ, I would like to
back up a bit and talk about the good work that has been going on for some time
now between the City of Saint John and the University of New Brunswick- Saint
John. This work has involved co- planning many cultural, economic and civic - minded
activities together to the benefit of our citizens and students alike. It has focused on
key pillars for growth and prosperity and has included as one of these pillars, a
special emphasis on the internationalization of our community. If we were to look
back 20 years, our city would look very different from what it does today. Our city
government and university community have grown to understand and value our
international populations. We no long are surprised to see Saudi, Chinese, Japanese,
Iranian, Korean, Russian and many other nationalities on the streets of our city. We
see the benefits that will accrue when graduates of UNBSJ choose to remain in our
area and begin their careers here in our city. So my message this evening is to
continue this good work. One important piece to this work is the role that Saint John
College plays as a conduit to university enrolments and to immigration to our city
and province.
65
Saint John College first began operations at UNBSJ in 1985. It is a nationally
accredited Language training college, offering English language training
opportunities for upwards of 300 students each year. Graduates from SJC enter
Bachelors and Masters programs at UNBSJ, adding significantly to the base of 500
international students currently enrolled. The college also offers Professional
development training courses and programs to the citizens of Saint John and
surrounding communities.
The college operates its programs from the main campus at Tucker Park and from
its uptown campus across from the city market, on Charlotte Street. Its students
come from over 40 countries worldwide, with the greatest concentrations from
China, Saudi Arabia and Japan. They bring with them differing views on issues and
help our local students better understand the changing world into which they will
soon enter after graduation. It is the richness of these differences, which
underscores why the University has worked so hard over the years to attract
international students. We believe this has also benefitted the citizens of Saint John,
particularly when our international students graduate and choose to live and work
here in Saint John.
International students at Saint John College contribute significantly to the University
of New Brunswick -Saint John through their courses fees. They also contribute
greatly to the Saint John economy through what they spend for accommodations
and other living expenses while in our community. It is estimated that an
international student will spend approximately $24000 per year for tuition fees and
living expenses while studying, which translates into upwards of $15 Million dollars
extra to UNBSJ and the Saint John area community.
UNBSJ, led by Vice - President, Dr. Robert MacKinnon, has been a huge supporter of
the University's quest to maintain a robust international recruiting initiative
throughout the world. Robert has led us on a number of recruiting trips to China,
enabling Mr. Beardsworth, our agent Ji Li and myself to seek new UNB student
recruits.
In June 2012, we made our first recruiting trip to Mi Shan, Jixi and Harbin and were
graciously received by the city council. Three students came to UNB last year as a
result.
We visited Mi Shan again in March 2013 and spoke to many potential new UNB
students and were treated very respectfully and well by Mayor Ma and his city
council. We expect our student recruits from this area to grow significantly this
year.
This evening I am here to present to you, Mayor Norton, a gift from Mayor Ma, and a
letter he wrote to you expressing friendship between his city and Saint John. I
would now ask Ji Li and Chris Beardsworth to join me in making this presentation to
you on behalf of Mayor Ma and his city councilors.
M.
Presentation of Scroll- Pronunciation Dao Bu Yuan Ren- Confucius said "
Philosophies are not far away from us" and this motto is being sent through this
scroll because they know "Saint John city's leaders have excellent philosophies ".
Thank you Your Worship and city councilors for this opportunity to present.
67
A BY -LAW TO AMEND A BY -LAW
RESPECTING TRAFFIC ON STREETS
IN THE CITY OF SAINT JOHN MADE
UNDER THE AUTHORITY OF THE
MOTOR VEHICLE ACT, 1973, AND
AMENDMENTS THERETO
Be it enacted by the Common Council
of The City of Saint John as follows:
A By -law of The City of Saint John
entitled "A By -law Respecting Traffic On
Streets In The City of Saint John Made Under
The Authority of The Motor Vehicle Act,
1973, and Amendments Thereto ", enacted on
the 19th day of December, A.D. 2005, is hereby
amended as follows:
1 Schedule A -1 — Parking Times 8:00 a.m. to
5:00 p.m. is amended by adding the following
words under the following headings:
Street Side Limits Time
Peel North 59 metres 15 mins.
Plaza north of
Union
Street to
78 metres
north of
Union
Street
ARRETE MODIFIANT L'ARRETE
RELATIF A LA CIRCULATION DANS
LES RUES DE THE CITY OF SAINT
JOHN EDICTS CONFORMEMENT A LA
LOI SUR LES VEHICULES A MOTEUR
(1973) ET MODIFICATIONS
AFFERENTES
Lors d'une rdunion du conseil
municipal, The City of Saint John a ddcrdtd ce
qui suit:
Par les prdsentes, 1'arret6 de The City
of Saint John intitule c Arretd relatif a la
circulation dans les rues de The City of Saint
John ddictd conformdment a la Loa sur les
vehicules a moteur (1973) et modifications
affdrentes », ddcrdtd le 19 decembre 2005, est
modifid comme suit:
1 L'annexe A -1 — Durees de stationnement
de 8 h a 17 h est modifiee par Padjonction des
mots suivants sous les titres suivants:
.:
Rue Cote Limites Duree
place nord d'un point 15 min
Peel situd a 59
metres au
nord de la
rue Union
A un point
situd a 78
metres au
nord de la
rue Union
2 Schedule B — No Parking Anytime - is 2 L'Annexe B — Interdiction de stationner
amended by adding the following words under en tout temps — est modifide par Fadjonction
the following headings: des mots suivants sous les titres suivants :
Street Side
Peel Plaza South
Peel Plaza North
Limits
Union Street to
Carleton Street
Union Street to a
point 59 metres
northerly
Rue
place Peel
place Peel
Peel Plaza North 78 metres north of place Peel
Union Street to
Carleton Street
Cote Limites
sud de la rue Union a la
rue Carleton
nord de la rue Union a
un point situe 59
metres plus loin en
direction nord
nord a un point 78
metres en direction
nord de la rue
Union a la rue
Carleton
IN WITNESS WHEREOF The City of Saint EN FOI DE QUOI, The City of Saint John a
John has caused the Corporate Common Seal fait apposer son sceau municipal sur le present
of the said City to be affixed to this by -law the arretd le avril 2013, avec les signatures
, day of April, A.D., 2013 signed by: suivantes :
Mayor /maire
Assistant Common Clerk/greffier communal adjoint
First Reading - April 8, 2013 Premiere lecture - le 8 avril 2013
Second Reading - April 8, 2013 Deuxieme lecture - le 8 avril 2013
Third Reading - Troisieme lecture -
rue
14
The My of Saint John
April 15, 2013
His Worship Mayor Norton
And Councillors
Your Worship and Councillors
SUBJECT: Proposed Municipal Plan Amendment — 700 Millidge Avenue
A Public Presentation was made on March18tt, 2013 of a proposed amendment to the
Municipal Development Plan which would redesignate, on Schedule A of the Plan, from
Suburban Neighbourhood Intensification Area and Park and Natural Area to
Suburban Neighbourhood Intensification Area, a parcel of land with an area of
approximately 8.5 hectares, located at 700 Millidge Avenue, also identified as PID
Number 55062269 and a portion of PID Number 00042036.
The required advertising has been completed, and attached you will find a copy of the
public notice, and any letters of opposition or support received.
If Council wishes, it may choose to refer the matter to the Planning Advisory Committee
for a report and recommendation and authorize the necessary advertising with a Public
Hearing to be held on Monday, June 3rd in the Council Chamber at 7:00 pm, or not to
proceed with the proposed amendment process and adopt a resolution to deny the
application.
Respe tfully�tted,
Jonathan Taylor
Assistant Common Clerk
Attachment
SAINT J014M P.O. Box 1971 Saint John, 1N38 Canada E2L 4L70 vwr+wsaingohn,ca I C.P. 1471 Saint John, I.-& Canada E2L 4L1
Advertiser Name: Saint Jahn Common Clerk
Advertiser Code: S71206
Size: 4.00 x 14.00 in.
Sales Rep: Elizabeth Cook
PROPOSED MUNGPAL PLAN
AMENDMENT
RE 700 MILLIDGE AVENUE
Public Notice is hereby given
that the Common Council of
The City of Saint John intends to
consider an amendment to the
Municipal Development Plan
which would.
i. Redesignate, on Schedule
A of the Plan, a parcel of land
with an area of approximately
8.5 hectares, located at 700
Mfllidge Avenue, also identified
as PID No. 55062269 and a
portion of PID No. 00042036,
from Suburban Neighbour-
hood Intensification Area
and Park and Natural Area
to Suburban Neighbour-
hood Intensification Area, as
illustrated below;
2. Redesignate,
of the Plan,
the same par-
cel of land,
from Urban
Reserve
and Park
and Natu-
ral Areas
to Major
Community
Facility.
A public pre-
sentation of
the proposed
amendment will
a regular meeting of Common
Council on Monday, March
18, 2013 in the Council Cham-
ber, Lobby Level, City Hall.
PROXr DE MODIFLCATION DU
PLAN MUNICIPAL
OBJET: 700, AVENUE M111 DGE
Par Its presentes, on avis
public est donne par fequel
le Conseil communal de The
City of Saint John a ]'intention
d'ftudier la modification du
I' plan d'am6nagement municipal
comme suit:
1. Modifier la designation, 3
]'annexe A du plan, d'une par.
Celle de terrain d'une superfide
d'enviran 8,5 hectares, situ6e
au 700, avenue Millidge, et
I portant le NID 55062269 et
6tant aussi une partie du NID
00042036, afin de fa fafre passer
de secteur de densiflca-
tion — quartler suburbain et
secteur pare et sire naturel-
le a secteur de densiflcatkm
'°_ •••'surbain, comme
tlessous.
REASON FOR CHANGE
To permit a group care facility,
senior citizens apartments and
associated activities.
Written objections to the
proposed amendment may be
made to the Council, in care
of the undersigned, by April
17, 2013. Enquiries may be
made at the office of the Com-
mon Cleric or Planning and
Development, City Hall, 15
Market Square, Saint John, N.B.
between the hours of 8:30 a.m.
and 4:30 p.m., Monday through
Friday, Inclusive, holidays ex-
cepted.
H you require French services for
a Common Council meeting,
please contact the office of the
Common Clerk.
Jonathan Taylor,
Assistant Common Clerk
648 -3703
2. Modifier la
designation,
a I'annexe B
du plan, de
la parcelle de
terrain pr6d-
tee, afin de
la faire passer
de secteur
rEserve urba-
Ine et secteur
pare et alre
naturelle
a secteur
mrnc communau-
taire majeur.
Line pr6sentation publique do
projetde modification aura
lieu lors de la reunion ordinaire
du Conseil communal le lands
18 mars 2013 clans la salle
du Conseil, au nfveau du hall
d'entr6e, a I'h6tel de ville.
RAISON DE LA MODIFICA-
71ON :
Permettre on 6tablissement de
soinsen groupe, one residence
pour personnes 2g6es et les
activit6s connexes.
Veulllez faire part au conseif par
€crit de vos objections au projet
de modification au plus Lard le
17 avril 2013 6 ]'attention du
soussiga6. Pour toute demande
de renseignements, veulllez
communiquer avec fe bureau du
greffier communal ou le bureau
de I'urbanisme et du d6ve6
oppement 5 I'hbtel de ville au
15, Market Square, Saint John,
N.-B,, entre 8 h 30 et 16 h 30
du lundi au vendrec i, sauf les
jours f&f&
SI vous avez besoln des services
en franols pour one reunion
de Conseil Communal, veulllez
contacter ie bureau du grefrier
communal,
Jonathan Taylor,
grefffer communal adjoint
648 -3703
Ad Number: A57960
Ad ID: 6280256
Current Date: Mar 04 2013 10:19AM
Start Date: 3/5/2013
End Date: 3/5/2013
Color: B/W
Client Approval OK 0
71
Corrections 0
April 8, 2013
Mayor Mel Norton
And Members of Common Council
City of Saint John,
P.O. Box 1971
Saint John, NB E21L 41-1
Your Worship Mayor Norton and Members of Council,
COMMON CLERK'S OFFICE
APR 11 2013
CITY of SAINT JOHN
Subiect: Proposed Municipal Plan Amendment 700 Millidge Avenue
Council has invited written objections to the Proposed Municipal Plan
Amendment for 700 Millidge Avenue. The applicant, Shannex incorporated has
requested that the lands in question be redesignated from Urban Reserve and
Park and Natural Areas to Major Community Facility.
! am opposed to the plan amendment as presented. The proposal combines two
properties, with two different owners, with two distinct Municipal Plan
designations and one common zoning into one proposed development. There are
aspects of the proposed development that taken alone, I could support, but not
the development as presented.
The Land
The property advertised as 700 Millidge Avenue for this plan amendment is
comprised of two distinct properties: the larger portion owned by the City of Saint
John, has a Municipal Plan designation of Park and Natural Area, and is zoned R1-
A; the smaller portion owned by Property Management Proman Ltd. has a
Municipal Plan designation of Urban Reserve, and is also zoned R1 -A.
72
The City land remains mostly in its natural state and in my opinion, is a wetland as
defined in PlanSJ and serves to contain and control runoff during rainfall events.
The private land until recently was entirely in its natural state, being a wetland
and like the adjoining City land served to contain and control runoff.
Since 2010 activity has taken place on a large area of the private land to prepare it
for development. The natural surface vegetation and several feet of the
underlying organic material has been removed, trucked elsewhere, and replaced
with large stones and rock. (When this process was taking place I inquired of the
Planning and Development office if this activity was allowed as it appeared to me
to be in direct conflict with the Municipal Plan for the land, and I was told that the
developer was doing this work, at his own risk, and that since the land was only
being prepared for development nothing could be done. I was advised that once
a development plan was submitted then Planning and Development would
become involved. I understand that during this period Municipal Operations
required the owner to undertake some storm water remediation.)
Although the activity on the private land has destroyed the natural wetland, the
larger portion of the proposed development is owned by the City. Council can
demonstrate its resolve to "stick to the Municipal Plan" and protect the remaining
wetland by denying the application.
Future Land Use Designations
PlanSJ established several land use categories, one of which is:
Park and Natural Areas
"Park and Natural Areas are currently in a primary natural state or would
benefit from re- naturalization and are not appropriate locations for
development. Park and Natural Areas include wooded lands, lakeshores, rivers,
coastlines, and important geology and habitat.
2
73
Park and Natural Areas (continued)
Through specific policies in Chapters 3 and 7, such as the provision of wildlife
corridors, protection of environmentally sensitive /significant areas, and
guidelines for watersheds, riparian, coastal and estuarine areas, the lands are
intended to form a system of natural areas to conserve ecosystems." (2.5, pg 45)
"Lands in the City designated Park and Natural Areas are generally not
appropriate for any form of development, including resource uses. These lands
are intended to form a system of natural areas to help conserve natural
ecosystems and include lands designated as park, lands designated as being
environmentally sensitive or significant, lands located adjacent to watercourses
and lands within the City's protected watersheds, coastlines and estuarine
areas." (3.7.1, pg. 96)
In the Land Use designation PlanSJ states:
Policy LU —110 (3.7.1, pg. 96)
"Create the Park and Natural Areas designation on the Future Land Use map
(Schedule B). Council intends that the Park and Natural Areas designation will
permit a range of conservation and appropriate recreational land uses
permitted in the City's major regional and community parks, environmentally
sensitive or significant areas, lands that are located adjacent to watercourses,
lands adjacent to the City's coastlines, estuarine areas, significant
archaeological and geological sites, historic sites, designated heritage places
and cemeteries. Council may permit commercial recreation uses in the Park and
Natural Areas designation subject to appropriate standards in the Zoning
Bylaw."
The Park and Natural Areas designation, Policy LU - 110 "permits a range of
conservation and appropriate recreational land uses..." The City land subject to
the proposed municipal plan amendment surrounds the Gorman Arena. It is
appropriate for recreational uses.
3
74
Declaring City Land Surplus to the City's Needs
On February 11, 2013 Council declared the City owned land surrounding the
Gorman Arena "to be surplus to the City's needs." The same resolution of
Council granted consent to Shannex RCL Limited to apply for a Municipal Plan
Amendment for these same lands.
It is surprising that these lands were declared surplus for two reasons: 1) before
Council has fully considered the Proposed Municipal Plan Amendment, and 2)
before the Recreation and Parks Master Plan Study (PlaySJ), that is about to enter
the community consultation phase, is complete. These lands are significant City
holdings and have potential for recreational use. By declaring these lands surplus
are they no longer available for recreational purposes?
Once the land was determined surplus to City needs, it would have been prudent
to advertise to all developers that these lands are available for development and
seek proposals (as was just done with the Jelly Bean buildings)? There may be
one or more developers who would submit a development plan more consistent
with the existing municipal plan designation and zoning.
Future Land Use Policies
In PlanSJ Council adopted several policies regarding Future Land Use (3.2, pg. 51).
Regarding changing or amending the designation of lands on the Future Land Use
map (Schedule B) Policy LU — 4 (3.2. pgs.51/52) states that Council shall:
"Not consider changing the designation of lands on the Future Land Use
map through a Municipal Plan amendment, unless the proposal:
a. Is consistent with the general intent of the Municipal Plan and further
advances the City Structure;
b. Is necessary by virtue of a lack of supply of quality land already
designated in the Municipal Plan to accommodate the development;
c. Enhances the community and the quality of life offered to residents of
the City;
d. Efficiently uses available infrastructure;
4
75
Policy LU —4 (continued]
e. Does not negatively impact the use and enjoyment of adjacent lands
and neighbourhoods;
f. Is an appropriate use within the land use designation being sought for
the property, and the proposal is consistent with the specific policies
regulating development in the designation; and
g. Adequately addresses and mitigates any significant environmental
impacts,"
And Policy LU — 92 (3.5.4, pg. 88) states that Council shall:
"Strongly discourage development in the Urban Reserve designation and
only permit limited low density residential uses, .... ".
Directions for Growth and Change
PlanSJ "established nine Directions for Growth and Change that reflect the
community's aspirations for the City's future and illustrate best practices in
building sustainable and complete communities. These Directions also provide
the foundation for the Municipal Plan's City Structure and Land Use
Framework." (1.4.1, pg. 19)
Two of these directions are:
6. "Saint John values and protects its natural environment and ecosystems on
land and in water. Saint John:
Actively stewards ecological systems through preservation,
restoration and enhancement to increase biodiversity and to restore
sensitive or diminished ecosystems;" (1.4.1, pg. 21)
5
76
Directions for Growth and Change Continued
9. "Saint John is committed to a strong plan for action and making change.
Saint John:
• Has the courage to stick to the Municipal Plan during both
prosperous times and difficult times;
• Commits to , sticks to , monitors and implements the Municipal
Plan;" (1.4.1, pg. 9)
Summary
This review process on a Proposed Municipal Plan Amendment for 700 Millidge
Avenue is a test of Council's resolve to support PlanSJ, since the applicant's
request to redesignate the above lands to Major Community Facility from Park
and Natural Areas and Urban Reserve conflicts in several ways with the purpose,
directions, goals and policies (particularly policies LU - 4 and LU - 92) of PlanSJ.
Request
Whereas, the Proposed Municipal Plan Amendment for 700 Millidge Avenue
conflicts in several aspects with the requirements of the Municipal Plan (PlanSJ), I
request that Council continue to support the direction established in PlanSJ, "stick
to the Municipal Plan" and thus, advise the applicant that its request to amend
the Municipal Plan at 700 Millidge Avenue is denied;
and further that Council rescind its declaration that the City lands, referenced in
the resolution of February 11, 2013, "are surplus to City needs," and reconsider
this matter after the Municipal Plan Amendment process and the Recreation and
Parks Master Plan Study (PlaySJ) plan are complete.
William Butler
22 Trinity Close, Saint John, NB
E2K 4N9
6
77
April 16, 2013
Mayor Mel Norton
And Members of Common Council
City of Saint John,
P.O. Box 1971
Saint John, NB E21- 41-1
Your Worship Mayor Norton and Members of Council,
Sublect: Proposed Municipal Plan Amendment 700 Millidge Avenue
Council has invited written objections to the Proposed Municipal Plan
Amendment for 700 Millidge Avenue. The applicant, Shannex Incorporated has
requested that the lands in question be redesignated from Urban Reserve and
Park and Natural Areas to Major Community Facility.
I wish to voice my opposition to the plan amendment as presented and for all the
reasons presented by my neighbour William Butler in his letter to Council dated
April 8, 2013.
!�--a
Roger Savoie,
7 Trinity Close,
Saint John, NB
E2K 4N3
W
Theftydawayoft
April 2, 2013
Deputy Mayor Shelley Rinehart and
Members of Common Council
Deputy Mayor and Councillors:
Subject: 2014 World Women's Curling Championship
Background:
In March 2014, the Greater Saint John Community will once again host the Ford World Women's
Curling Championship. The Host Committee of this prestigious championship is requesting a
financial investment from the Greater Saint John Municipalities towards the preparation,
execution and legacy of this renowned event
Motion:
Assuming the Regional Communities of Grand Bay - Westfield, Rothesay, Quispamsis and St.
Martin's agree to sponsoring the 2014 World Women's Curling Championship event that Saint
John contribute a proportional amount to a total sponsorship amount for the region of not
more than $15,000.
Yours very truly,
Mel K. Norton
Mayor
City of Saint John
r
ED4N
SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 I www.saingohn.ca C.P. 1971 Saint John, N -B Canada E2L 41-1
79
April 11, 2013
His Worship Mel Norton and
Members of Common Council
Your Worship and Councillors:
Subject: Discussion Re Barry Ogden Suggestions
Some members of Council recently received an e -mail from Mr. Barry Ogden which contained
some very good suggestions regarding rejuvenating murals on the west side of the City, the
marigolds project, and posting maps of greater Saint John at key venues. I believe that we
should consider supporting these very worthwhile ideas.
Motion: That Council discuss the ideas proposed by Mr. Ogden in the attached e-mail.
Respectfully Submitted,
(Received via email)
Susan Fullerton
Councillor — Ward 2
City of Saint John
SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 I vwwv.saintjohn.ca I C.P. 1971 Saint John, N.-B. Canada E2L 4L1
Taylor, Jonathan
Subject: FW: Promoting our community
From: barry ogden
To: Taylor, Jonathan
Cc: 'Susan Fullerton'
Sent: Wednesday, April 10, 2013 5:39 PM
Subject: Re: Promoting our community
Dear Mayor Norton and Council :
About 14 years ago myself and a bunch of students painted welcoming murals at the Digby Ferry Terminal West Saint
John . The murals are still there but need rejuvenation .
I bought the students their meals and gave them some money . I think the murals could be restored. I could do them if
the paint was available and I would need an honourarium if I get someone to help.The murals we did were very well
done and alot of tourists had their pictures taken with them.
My family owned a motel and I was renting rooms, waiting on tourists, planting marigolds and taking care of a model tall
ship[ in our garden] when I was very young here in Saint John. We always were aware of what tourists said about our
community and their first impression. The Ferry terminal is an entrance point.[ have been promoting our community,
teaching and coaching kids and creating pride in our community all my life. I see so much potential .Parades,
festivals, events are all things that build community and pride .A sense of pride precludes economic revolutions and
growth.
Another place I noticed that is an entrance to our community is the Maritime Bus Terminal as I was there yesterday. Its
pretty drab looking and does not sell our community at all. The Marigold Project is planting at 43 sites and two of the
sites are working with the Port of Saint John and the Saint John Airport to improve these entrances into our community .
Each year we take our UNB SAINT JOHN Seawolves Football team to play in Bangor and I met a guy from PBS
Maine. I mentioned to him that they always show Summerside, Fredericton and Halifax on their weather map but not
Saint John . I asked him why and he said they asked , he said just have to have an official send us a letter .
Three years ago I was invited to a conference in Boston about community development and Erin Brokovitch was the
Key Note speaker. I met a guy from CBS Boston and asked why only Halifax is the only place along the East Coast of
Canada on their map. He told me basically the same thing,it just takes a letter from an official[ABC, NBC, FOX also
have Boston affiliates too and millions see them daily].We could easily do this.
I also have watched for 40 years teams from away come to our sporting venues looking for a map on how to get
around. Could we not post a sign board map of Greater Saint John at some key venues like the Canada Games
Stadium, Harbour Station , Shamrock and Memorial Parks, Forbes Elliot Gymnasium and the Q Plex ? They see an
enormous amount of visors to our community.
I sent these ideas in a few years ago but there was no response or follow up but I think they are worthwhile ideas. I
know the tourists and the community love our Marigolds .
Sincerely, Barry Ogden ,
81
1
REPORT TO COMMON COUNCIL tio
M &C 2013 - 71
April 15, 2013
His Worship Mel Norton
And Members of Common Council:
Your Worship and Councillors:
The City of Saint John
SUBJECT: Appointment of Fire Prevention Officers — Fire Protection By -law
BACKGROUND:
In December of 2012 the City of Saint John enacted a by -law titled "A By -law
respecting Fire Protection in the City of Saint John ". The main purpose of the By -law is
to facilitate the inspection of buildings in the City of Saint John to identify conditions
that could be susceptible to fire, or if the building or premises contains combustible or
explosive materials or conditions dangerous to the safety of persons. When such
conditions are found, the Fire Prevention Officer can order the owner or occupant to
mitigate the hazard.
Only persons appointed by Common Council as Fire Prevention Officers can enforce the
By -law. The purpose of this report is to recommend to Common Council names of
people within Fire Rescue and Suppression Service and the Fire Prevention and Code
Enforcement Service qualified to fill the duties of Fire Prevention Officer.
ANALYSIS
The Fire Department has a number of individuals qualified to inspect and /or initiate
enforcement under the By -law. The positions include Platoon Chief, Division Chief,
Inspectors, Fire Prevention Officer's, Captain, as well as the Fire Chief and Deputy Fire
Chief.
Where the Fire Department utilizes the term "Fire Prevention Officer" as a designated
rank within the Fire Prevention and Code Enforcement Service, it's not to be confused
with position of Fire Prevention Officer referenced in the By -law. The rank of Fire
Prevention Officer within the Fire Prevention and Code Enforcement Service is achieved
though the successful completion of courses and certifications. An appointment as a
Fire Prevention Officer under the By -law is made by Common Council, and does not
result in any rank or remuneration change for the appointee.
As per Articles 4(2) and 4(3) of the By -law, the below list of persons are being
recommended as Fire Prevention Officers:
Fire Chief Kevin Clifford Inspector Paul Clifford
Division Chief Mark Wilson Inspector Robert Kaine
Captain Roy Nolan Inspector Trevor Tompkins
Fire Prevention Officer Dean Moriarty
RECOMMENDATION
Pursuant to Articles 4(2) and 4(3) of "A By -law respecting Fire Protection in the City of
Saint John ", it is recommended that Common Council appoint Fire Chief Kevin Clifford,
Division Chief Mark Wilson, Captain Roy Nolan, Fire Prevention Officer Dean
Moriarty, Inspector Paul Clifford, Inspector Robert Kaine and Inspector Trevor
Tompkins as Fire Prevention Officers, until such time as their employment terminates
with the City of Saint John, or sooner on recommendation of the Fire Chief.
Respectfully submitted,
Kein 11 If fdorP, Bf3 AC. .O.
Fire Chief
J. Patrick Woods, C.G.A.
City Manager
dl /KC
�-*x
REPORT TO COMMON COUNCIL
OPEN SESSION
M &C2013 -074
April 16, 2013
His Worship Mel Norton
and Members of Common Council
Your Worship and Councillors:
SUBJECT
0
City of Saint John
Demolitions of vacant, unoccupied and dilapidated buildings at 60 Jack Street (PID
#49015)
BACKGROUND
The property at 60 Jack Street has three buildings on the premise. There is a single -
storey home, a severely fire- damaged garage and a small shelter. The home has been
vacant since at least March 2011. In May 2012, the garage was the subject of a fire.
Staff has been monitoring the buildings periodically, after the main house was first noted
to be vacant. It is dilapidated and its condition has deteriorated since the first inspection
at the property. At a recent inspection, it was noted that the building has been the likely
subject of vandalism as front windows have been broken.
The doors of the main building have been kept secure, however the enclosed front porch
is shifting away from the main part of the house and the concrete block foundation wall is
missing mortar, shifting and out of plumb. The garage on the property was extensively
fire- damaged in May 2012 and only a minimal front section and back portion of the
structure are still standing. Fire - damaged debris and materials are in this general location
on the premise and could cause harm to anyone passing by. It should also be noted that
this property receives an extensive amount of foot - traffic as it is a thorough fare from the
large apartment buildings on Matthew Lane to Jack Street.
The property contains a significant amount of firewood and other debris, which could be
used as fuel for a fire. Some of the debris has protruding nails. Anyone using the
footpaths could be harmed by the debris.
M & C 2013 -074 - 2 - April 16, 2013
Additionally, there is a small shelter /shed on the premise that also contains debris and
other discarded items and these could act as a payload for a fire. As there has already
been an incident in this location, and it is close to many large apartment buildings, the
safety of the residents of Jack Street and the multi - family residential units could be at
harm if there were another fire event. It was also noted in the fire department's report
that there is a lack of fire hydrants on Jack Street.
The owner of the property is a company that was dissolved many years ago. Neighbours
have spoken to staff members and they indicate that the gentleman occupying the
building until its vacancy is now deceased. All written correspondence to the owner went
unanswered and there was no change in the condition of the premise and/or buildings.
For these reasons described in the Inspection Report, a Notice to Comply was issued on
November 26, 2012. The building was posted on November 27, 2012, which is
considered acceptable service under subsection 190.011 of the Municipalities Act. The
Notice was also served to the Office of the Attorney General with the Government of
New Brunswick by as a dissolved company is under the direction of Her Majesty the
Queen, administered by the office indicated above.
Mr. John Logan, Director of the Corporate, Commercial and Property Practice Group,
Legal Services Branch of the Office of the Attorney General called staff to confirm
receipt of the Notice. He provided a written reply which indicated that the Province
would not be responding to the Notice. No response was received from any other
individual or corporation and a Notice of Appeal was not filed.
Compliance was required by February 20, 2013, based on the notification that the Office
of the Attorney General had received the Notice to Comply. An inspection on April 5,
2013 found that the Notice has not been complied with. Mr. Logan was advised in an
email on April 11, 2013 that a report to Common Council, with a recommendation to
have the buildings demolished and the premise cleared of all debris would be submitted.
Attached for Council's reference are the Notice to Comply that was issued and the
affidavit attesting to the posting of the building. Also attached is the email from Mr. John
Logan responding to receipt of the Notice to Comply as well as recent photographs of the
buildings and premise. The Municipalities Act indicates that where a Notice to Comply
has been issued arising from a condition where a building has become a hazard to the
safety of the public by reason of dilapidation, unsoundness of structural strength, or being
vacant or unoccupied, the municipality may cause the building to be demolished. As
required in the Act a report from an engineer is attached, forming part of the issued
Notice to Comply, and provides evidence of the buildings' vacancies and dilapidated
conditions, their unsoundness of structural strength and resulting hazards to the safety of
the public. Also described are the unsightly premise conditions and resulting hazards to
public safety.
As is written in the Act that a municipality must commence in the proceedings of
remedial action, approval of Common Council is required prior to starting demolition
activities at this property. Cost of the demolition work is approximated at $8,000 to
$12,000 and will take about 2 -4 weeks before it is complete. Staff will seek competitive
85
M & C 2013 -074 - 3 - April 16, 2013
bidding in accordance with the City's purchasing policy and the cost of the work will be
submitted to the Office of the Attorney General. If the bill is left unpaid, it will be
submitted to the Province with a request for reimbursement.
RECOMMENDATION
Your City Manager recommends that Common Council direct one or more of the
Officers appointed and designated by Council for the enforcement of the Saint John
Unsightly Premises and Dangerous Buildings and Structures By -law, to arrange for the
demolition of the buildings at 60 Jack Street (PID #49015), in accordance with the
applicable City purchasing policies.
Respectfully submitted,
Pamela Bentley, P.Eng.
Technical Services Engineer
Growth and Development Services
Amy Poffenroth, P.Eng., MBA
Acting Commissioner and Building Inspector
Growth and Development Services
Patrick Woods, CGA
City Manager
Verner, Lori
From:
Bentley, Pamela
Sent:
December -21 -12 10:47 AM
To:
'Logan, John (JAG /JPG)'
Cc:
Beaulieu, Francois
Subject:
RE: Notice to Comply PID 49015
Thank you for your written response to the Notice to Comply issued for 60 Jack Street which you received earlier this
month.
Pam Bentley
Pamela Bentley, P. Eng.
Buildings and Inspection Services
City of Saint John
(506) 658 -2911
From: Logan, John (JAG /JPG) Lmailto:John.Logan @ gnb.ca]
Sent: Friday, December 21, 2012 9:45 AM
To: Bentley, Pamela
Subject: Notice to Comply PID 49015
Further to our discussion last week, the Province will not be responding to your Notice.
John B. D. Logan
Director
Corporate, Commercial, Property Practice Group
Legal Services Branch
Office of the Attorney General
Telephone: 506 - 462 -5016
Facsimile: 506 - 453 -3275
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FORM 1
NOTICE TO COMPLY
(Municipalities Act, R.S.N.B. 1973,
c.M -22, s.190.01(3))
Parcel Identifier: 49015
Address: 60 Jack Street, Saint John, New Brunswick
Owner(s) or Occupier(s):
FORMULE 1
AVIS DE CONFORMITE
(Loi sur les municipalites, L.R.N. -B. de 1973,
ch. M -22, par. 190.01(3))
Numero d' identification de la parcelle : 49015
Adresse : 60, rue Jack, Saint John, Nouveau -
Brunswick
Proprietaire(s) ou occupant(s) :
Name: Her Majesty in right of New Brunswick Nom : Sa Majesty la Reine en chef de la province du
formerly Caldo Ltd. Nouveau - Brunswick, autrefois Caldo Ltd.
Address: Centennial Building, P. O. Box 6000,
Fredericton, New Brunswick, E3B 5H1
Adresse : Edifice du Centennaire, Case postale 6000,
Fredericton (Nouveau - Brunswick), E313 5H1
Lessees: Edward Joseph Cormier (Jr.) and Frances Preneurs a bail: Edward Joseph Cormier (Jr.) et
Cormier Frances Cormier
Address: unknown
Municipality issuing notice: The City of Saint John
By -law contravened: Saint John Unsightly Premises
and Dangerous Buildings and Structures By -Law, By-
law Number M -30 and amendments thereto (the `By-
law").
Adresse: inconnu
Municipality signifiant Pavis : The City of Saint
John
Arrete enfreint : Arrete relatif aux lieux inesthetiques
et aux batiments et constructions dangereux de Saint
John, Arrete numero M -30, ainsi que ses
modifications ci- afferentes (P « Arrete >>).
Provision(s) contravened: Paragraphs 190.01(1)(a, b, Disposition(s) enfreinte(s) • Les paragraphes
c, d), 190.01(1.1) and 190.01(2) of the Municipalities 190.01(1)(a, b, c, d), 190.01(1.1) et 190.01(2) de la
Act, and amendments thereto. Loi sur les municipalites, ainsi que les modifications
afferentes.
Description of condition(s): The premise is unsightly
by permitting junk, rubbish, construction materials and
dilapidated buildings to remain on the premise. The
buildings have become a hazard to the safety of the
public by reason of being vacant or unoccupied, and, has
become a hazard to the safety of the public by reason of
dilapidation and unsoundness of structural strength. The
conditions of the buildings and premises are described
in Schedule "A ", a true copy of the inspection report
dated October 2, 2012 prepared by Pamela Bentley, P.
Eng., By -law Enforcement Officer and reviewed by
Amy Poffenroth, P.Eng., Building Inspector.
Remedy or remedies required: The owner and/or the
lessees are to remedy the conditions by complying with
the required remedial actions of the aforementioned
inspection report and bring the buildings and premises
into compliance with the aforesaid By -law.
In the event that the owner and/or the lessees do not
remedy the condition of the buildings and premises in
the time prescribed by this Notice to Comply, the
buildings may be demolished as the corrective action to
address the hazard to the safety of the public and the
premises may be cleaned up.
Description de la (des) condition(s) : Les lieux sont
inesthetiques en permettant la presence de ferraille, de
detritus, une accumulation de residus de construction
et des batiments delabres. Les batiments sont devenus
dangereux pour la securite du public du fait de son
inhabitation ou de son inoccupation et, sont devenus
dangereux pour la securite du public du fait de son
d6labrement et de son manque de solidite. Les
conditions des batiments et des lieux sont d6crites a
Pannexe «A », une copie conforme du rapport
d'inspection en date du 2 octobre 2012 et prepare par
Pamela Bentley, ing., une agente chargee de
1'execution des arretes municipaux et revise par Amy
Poffenroth, ing., Inspectrice des batiments.
Mesure(s) i prendre : Le proprietaire et/ou les
preneurs a bail doivent restaurer les conditions en se
conformant aux recommandations du rapport
d'inspection susmentionne et d'amener les batiments
et les lieux en conformites avec 1'Arrete.
Dans 1'eventualite que le proprietaire et/ou les
preneurs a bail ne remediaient pas les batiments et les
lieux dans le temps prescrit par le present avis de
conformate, les batiments pourront etre demoli comme
mesure corrective compte tenu qu'il represente un
danger pour la securite du public et les lieux pourront
etre nettoy6s.
In the event of demolition, all debris and items on the Dans 1'eventualite de demolition, tous les debris et
4 •
premises will be disposed of as the corrective action to
address the hazard to the safety of the public.
The aforementioned remedial actions relating to the
demolition of the buildings and the disposal of debris
and items on the premises do not include the carry-out
clean-up, site rehabilitation, restoration of land,
premises or personal property or other remedial action
in order to control or reduce, eliminate the release, alter
the manner of release or the release of any contaminant
into or upon the environment or any part of the
environment.
Date by which the remedy or remedies must occur: i
a) The demolition of the buildings, clean -up of the
property and related remedies must be complete,
or plans and permit applications for repair
related remedies, must be submitted: within 60
days of being served with the Notice to Comply.
b) The repair related remedies must be complete
within 120 days of being served with the Notice
to Comply.
Date by which notice may be appealed: Within 14
days of being served with the Notice to Comply.
Process to appeal: The owner and/or the lessees may
within 14 days after having been served with this Notice
to Comply, send a Notice of Appeal by registered mail
to the Common Clerk of The City of Saint John, City
Hall — 8"' Floor, 15 Market Square, Saint John, New
Brunswick, E2L 4L1.
Potential penalty for non - compliance within
specified time:2 Subsection 190.03(1) of the
Municipalities Act states that a person who fails to
comply with the terms of the Notice to Comply given
under section 190.011 of the said Act, commits an
offence that is punishable under Part II of the Provincial
Offences Procedure Act as a category F offence.
Where an offence under subsection 190.03(1) continues
for more than one day, the minimum fine that may be
imposed is the minimum fine set by the Provincial
Offences Procedure Act for a category F offence
multiplied by the number of days during which the
offence continues pursuant to paragraph
190.03(1.2)(b)(i).
Municipality's authority to undertake repairs or
remedy:3 Paragraphs 190.04(1)(a), 190.04(1)(a.1) and
190.04(1)(b) of the Municipalities Act states that if a
Notice to Comply has been given under section 190.011
of the said Act and that an owner or occupier does not
comply with the Notice to Comply, as deemed
confirmed or as confirmed or modified by a committee
.X
autres items sur les lieux seront disposes comme
mesure corrective dans le but de remedier le danger
pour la securite du public.
Les mesures correctives susmentionnees relativement
A la demolition des batiments et la disposition des
debris et autres items sur les lieux ne comprennent pas
le nettoyage, la remise en etat des lieux, des terrains
ou des biens personnels ou toute autre mesure
corrective dans le but de contr6ler ou de reduire,
d'eliminer le deversement, de modifier le mode de
deversement ou le deversement d'un polluant dans ou
sur Fenvironnement ou toute partie de
F environnement.
Date a laquelle la ou les mesures doivent etre
prises :
a) La demolition des batiments et le nettoyage
des lieux doivent etre completees, ou a
laquelle les plans et demande de permis pour
les mesures des reparations, doivent etre
soumises, dans les 60 jours qui suivent la
signification de Favis de conformite.
b) Les reparations reli6es aux mesures doivent
etre completees dans les 120 jours qui
suivent la signification de 1'avis de
conformite.
Date a laquelle un appel de 1'avis pent etre depose:
Dans les 14 jours qui suivent la notification de Favis
de conformite.
Processus d'appel : Le proprietaire et /ou les preneurs
a bail peuvent dans les 14 jours qui suivent la
notification de Pavis de conformite, envoye un avis
d'appel par courrier recommande a la greffiere
communale de la municipalite, a The City of Saint
John, Edifice de Ph6tel de ville, 8e etage, 15 Market
Square, Saint John, Nouveau - Brunswick, E2L 4L1.
Penalite possible pour non - conformite dans le delai
prescrit2 : Le paragraphe 190.03(1) de la Loi sur les
municipalites prevoit quiconque omet de se conformer
aux exigences formulees dans un avis de conformite
notifie aux termes de Particle 190.011 de ladite loi,
commet une infraction qui est punishable en vertu de
la Partie H de la Loi sur la procedure applicable aux
infractions provinciales a titre d'infraction de la classe
F.
Lorsqu'une infraction prevue au paragraphe 190.03(1)
se poursuit pendant plus d'une journee, Famende
minimale qui peut etre imposee est Famende
minimale prevue par la Loi sur la procedure
applicable aux infractions provinciales pour une
infraction de la classe F multipliee par le nombre de
jours pendant lesquels Finfraction se poursuit
conformement a Falinea 190.03(1.2)(b)(i).
Pouvoir de la municipalite d'entreprendre les
reparations on de prendre les mesures3 :
Conformement aux alineas 190.04(1)(a),
190.04(1)(a.1) et 190.04(1)(b) de la Loi sur les
municipalites, si un avis de conformite a ete signif.6
aux termes de Particle 190.011 de ladite loi et, que le
proprietaire ou Poccupant ne se conforme pas a cet
of council or a judge under section 190.021 of the said
Act, within the time set out in the Notice to Comply, the
municipality may, cause the premises of that owner or
occupier to be cleaned up or repaired, or cause the
building of that owner or occupier to be repaired or
demolished, and the cost of carrying out such work,
including any related charge or fee, is chargeable to the
owner or occupier and becomes a debt due to the
municipality.
Dated at Saint John the@ day of November, 2012.
Municipality: The City of Saint John
Signature of Municipal Officer:
Municipal Officer's Contact information:
Name: Pamela Bentley
Mailing address:
Buildings and Inspection Services Department
The City of Saint John
15 Market Square
City Hall Building, l0a' Floor
P. O. Box 1971
Saint John, New Brunswick
E2L 4L1
Telephone: (506) 658 -2911
Telecopier: (506) 632 -6199
Email:
Seal of
Notes: __111 "r'-
1. All appropriate permits must be obtained and all relevant
legislation must be complied with in the course of carrying out the
required remedial action.
2. Payment of the fine does not alleviate the obligation to comply
with the by -law, standard or notice to comply.
3. Costs become a debt due to the municipality and may be added to
the joint municipal and provincial Real Property Assessment and Tax
Notice.
avis de confornlit6 dans le d61ai imparti et tel qu'il est
r6put6 confirm6 ou tel qu'il est confirm6 ou modifi6
par un comit6 du conseil ou par un juge en vertu de
Particle 190.021 de ladite loi, la municipality peut
faire nettoyer ou r6parer les lieux de ce propri6taire ou
de cet occupant ou de faire r6parer ou d6molir la
propri6t6 de ce propri6taire ou de cet occupant, et les
frais relatifs A 1'ex6cution de ces travaux, y compris
toute redevance ou tout droit aff6rent, sont A la charge
du propri6taire ou de Foccupant et deviennent une
cr6ance de la municipality.
Fait A Saint John le _ novembre, 2012.
Municipality: The City of Saint John
Signature de la repr6sentante municipale:
Coordonnees de la repr6sentante municipale :
Nom: Pamela Bentley
Adresse postale:
D6partement aux services d'inspection et des
batiments
The City of Saint John
15 Market Square
Edifice de Ph6tel de ville, 106 6tage
Case postale 1971
Saint John (Nouveau- Brunswick)
E21, 4L1
T616phone : (506) 658 -2911
T616copieur : (506) 632 -6199
Courriel: pamela.bentley @saintjohn.ca
Sceau de la municipality
Notes :
1. Tous les permis prescrits doivent titre obtenus et toute la
legislation pertinente doit titre respectee, pendant 1'ex6cution de la
mesure de recours.
2. Le paiement de 1'amende n'annule pas 1'obligation de respecter
Parretti, la norme ou Pavis de conformit6.
3. Les couts deviennent une dette envers la municipalit6 et peuvent
titre ajout6s a 1'avis d'6valuation et d'imp6t foncier municipal et
provincial.
100
INSPECTION REPORT
Schedule "A"
60 Jack Street
Saint John, New Brunswick
PID# 49015 and 55208847
Inspection Date: September 26, 2012
Inspector: Pamela Bentley
Introduction
i nereny certity that tnis
document is a true copy of the
original.
Dated at Saint John,
this day of
OC42 •tv- 20=:
-f k all—
Standards Officer
An inspection of the property noted that the buildings on the premise are vacant,
unoccupied and dilapidated. The property has three structures, including a single storey
wood frame house (the "house "), a severely fire - damaged garage (the "garage ") and a
small shed/shelter. The front vestibule portion of the house is pulling away from the
main structure and the building's foundation of Concrete block is uneven, has shifted and
is displaced in some locations. The premise has a large amount of debris, including
firewood, junk and other garbage materials.
The buildings are a hazard to the safety of the public by reason of being vacant or
unoccupied and by reason of dilapidation and unsoundness of structural strength.
Discussion
The buildings are not in compliance with the Saint John Unsightly Premises and
Dangerous Buildings By -law, By -law Number M -30, and amendments thereto (the `By-
law").
Premise conditions
Paragraph 190.01(1) of the Municipalities Act states:
No person shall permit premises owned or occupied by him or her to be
unsightly by permitting to remain on any part of such premises
(a) any ashes, junk, rubbish or refuse;
(b) an accumulation of wood shavings, paper, sawdust or other residue of
production or construction;
(c) a derelict vehicle, equipment, machinery or the body of any part of a
vehicle equipment or machinery, or
(d) a dilapidated building.
1. The premise contains a large amount of firewood, kindling and wood material
suitable for fuel (for use in a wood stove or fireplace). There are also sheets of
plywood and other scrap wood, some of which contain protruding nails.
2. There is debris and garbage on the premise including paper cups, bags, cardboard,
metal racks, and two shopping carts.
3. There is a deteriorated and rotted fence in the rear yard which has nearly
collapsed.
4. There is a severely fire - damaged garage in the side yard. The front part of the
garage has been consumed by fire and only a small portion of the front corner and
the rear third of the garage remain.
These conditions are considered unsightly and are easily viewable from Jack
Street.
101
Vacant and Unoccupied
Paragraph 190.01(1.1) of the Municipalities Act states:
No person shall permit a building or structure owned or occupied by him
or her to become a hazard to the safety of the public by reason of being
vacant or unoccupied.
The buildings are a hazard to the safety of the public by reason of being vacant or
unoccupied for the following reasons:
The house has been found to be secure during periodic inspections; however,
the shed and garage are open and it is no longer possible to secure the garage.
On May 8, 2012, the garage was the subject of a fire and was extensively
consumed by fire and the remaining portion of the garage is no longer
structurally sound. As the garage has been the subject of a deliberately -set
fire, it is reasonable to extend the threat of arson to the remaining structures on
the property.
2. There is a high risk of a fire event occurring at the premise due to it being
known to the public that the house is vacant, and because buildings on the
premise have been the subject of a fire. The impact of another fire event is
amplified because of combustible materials that remain inside the shed and
that are on the premise including a significant amount of firewood and other
scrap wood which would act as fuel. As already mentioned, there has been one
documented case of arson at the property.
3. A high risk of fire and the impact that a fire would have on the building and
surrounding properties poses a hazard to the safety of the public, especially to
those residents who live nearby. It should be stated that the property is being
used as a public thoroughfare to connect Jack Street to the large apartment
buildings at 40 Matthew Lane which is directly behind the premise. These
buildings contain a total of 48 units and anyone who uses this thoroughfare
through 60 Jack Street, or who lives in the nearby homes on Jack Street and/or
in the apartment building mentioned above is at risk if there were another fire
event at the property. The property's proximity to these locations amplifies
this hazard because of the amount of pedestrian traffic and population density
in the area.
4. There is a concern for firefighter safety, in the event of a fire. Since the
building has been known to the public as vacant, it would be reasonable for
firefighters to enter it in the event of a fire to check for people inside. The
condition of the interior is not known to firefighters, which poses a hazard to
their safety and others who may be inside in the event of a fire.
Dilapidated and Structurally Unsound
Paragraph 190.01(2) of the Municipalities Act states
No person shall permit a building or structure owned or occupied by him
or her to become a hazard to the safety of the public by reason of
dilapidation or unsoundness of structural strength.
The buildings are hazards to the safety of the public by reason of structural unsoundness
for the following reasons:
House
1. The house's front porch is pulling away from the main portion of the building.
The porch area runs the front length of the house and is approximately 1.5
metres deep. There is a large opening about 2 centimetres at the roofline of
where the house connects to the porch. The opening is allowing the elements
W
102
to penetrate the building which will cause more rapid deterioration of the
structure.
2. The house's foundation walls are mostly constructed of concrete block. The
courses of block are uneven, have loose and /or missing mortar and have
shifted in several locations. The foundation is not providing a suitable base
for the structure in its present condition. The right side sill of the house also
appears to be deteriorating.
3. An interior inspection was not conducted, however, it was possible to view the
interior of the kitchen through a front window. The kitchen window frame
appears to be skewed and the kitchen counter and cupboards do not appear to
be plumb and level. These are potential indicators that the building has
possibly shifted any may be related to the deficiencies in the foundation walls
viewed in other areas of the building.
4. The front deck of the house has missing lattice guards at the front deck and
lattice guards are not suitable material to prevent someone from falling from
the deck to the ground. Additionally, the rear deck is deteriorated and also has
lattice guards.
Garage
5. The garage on the property is severely fire damaged with more than half of the
building destroyed by fire. The roof is missing and only a portion of the front
gable end remains along with the back third of the building. Overall, the
building was small, with approximate measurements of 2.5 metres by 3.5
metres. The building is no longer structurally sound and will eventually
collapse. The thoroughfare to the apartment buildings of Matthew Lane
passes directly in front of the garage and anyone passing by could be hurt if
the garage were to collapse. Additionally, fire - damaged debris and charred
materials are on the ground and could cause harm or tripping hazards if
anyone were to step on them.
3
103
Required Remedial Actions
The owner must comply with one of the two options stated below:
Option 1: Remedy the conditions of the buildings through all repair and remedial actions
as follows:
1. The house must be completely repaired so it may become occupied while
maintaining minimum standards as described by the Saint John Minimum
Property Standards By -law and the Code. The garage must be demolished.
2. The buildings must be maintained, kept secure, and monitored on a routine basis
while the property remains vacant or unoccupied.
3. A detailed plan must be submitted to the Buildings and Inspection Services
Department of the City of Saint John (the "Department ") for review and approval.
This plan should also include a complete engineering report regarding the
structural soundness of the building and any necessary repairs. The plan should
also include a schedule for the work that is to be carried out. The repaired
building must meet the National Building Code of Canada (2005) as well as other
applicable codes.
4. The detailed plan, including schedules and any engineering reports, must be
approved by the Department prior to commencing repair work.
5. The fence in the rear yard must be repaired or removed.
6. A building permit must be obtained for any and all applicable work prior to
commencing said work from the City of Saint John in order to comply with the
Saint John Building By -law, By -law Number C.P. 101 and amendments thereto
(the "Saint John Building By- law "). The building permit is to include the
demolition of the garage on site.
7. The premise must be cleared of all debris found on the property, including any all
rubbish that may be considered hazardous or unsightly. The debris from the
premise must be disposed of at an approved solid waste disposal site, in
accordance with all applicable by -laws, acts and regulations. Documented proof,
that clearly demonstrates an approved solid waste disposal site was used for the
disposal of debris, must be provided to the Department. The premise must comply
with all applicable by -laws, acts, codes and regulations.
Option 2: Demolition of the buildings and cleanup of all debris on the premise by
complying with all the remedial actions as follows:
1. The buildings must be demolished to remove the hazard to the safety of the public
by reason of dilapidation and by reason of being vacant or unoccupied.
2. A demolition permit must be obtained from the City of Saint John in order to
comply with the Saint John Building By -law.
3. The premise must be cleared of the debris from the demolition and the lot must be
made reasonably level with grade so as to not create a tripping or falling hazard.
All debris must be disposed of at an approved solid waste disposal site, and in
accordance with all applicable by -laws, acts and regulations. Documented proof,
that clearly demonstrates an approved solid waste disposal site was used for the
disposal of debris, must be provided to the Department.
4. All debris that is currently on the premise must be cleared and disposed of at an
approved solid waste disposal site, and in accordance with all applicable by -laws,
acts and regulations. Documented proof, that clearly demonstrates an approved
solid waste disposal site was used for the disposal of debris, must be provided to
the Department.
n
104
5. The property must be in compliance with all applicable by -laws, acts and
regulations.
105
Prepared by:
G64 -4 -
Pamela Bentley, P. Eng.
Technical Services Engineer
Growth and Development Services
Reviewed by:
A�y--Po ffe nroth, ng.
Building Inspector
Growth and Development Services
rol
f.
4 9 &) - -7— 2-DI �-
Date
10 C+ou-i'" z ( Z
Date
leffl -a
PROVINCE OF NEW BRUNSWICK
CK!]iL Iti`ZOaM.11100ML!]:10
CITY OF SAINT JOHN
IN THE MATTER OF THE BUILDING THAT IS LOCATED AT
60 JACK STREET, SAINT JOHN, N.B. (PID #49015)
SOLEMN DECLARATION OF SERVICE
I, Darryl Berube, of the Town of Quispamsis, in the County of Kings and Province
of New Brunswick solemnly declare:
1. On thee- day of 1Jvv? rr� 2012, at approximately
.54 a.m� // m), I posted a copy of the attached Notice to Comply, marked
Exhibit "A" and a copy of the attached Notice of Appeal, marked Exhibit `B" to
the front door of the building that is located at 60 Jack Street, Saint John, New
Brunswick.
Solemnly declared before me at the
City of Saint John, N.B.,
on the 17 day of
2012
PAMELA M H BENTLEY
COMMISSIONER OF OATHS
MY COMMISSION EXPIRES
DECEMBER 31ST, 2013
107
This is Exhibit 11' 1 H
Referrea to N�Lg__ e Affidavit of PAMELA
a,- _. COM MISS M H BENTLEY
���rl nG Swar m b, re me at the City of M,( CpMMI3S1Ot OP OATyS
CI Saint John. New Srunswic �ECEMBE ON EXPIRES
t .L� a ' of
+� 2–O / 2 — R 31ST 2013
FORM 1 Commissioner of Oaths FORMULE 1
NOTICE TO COMPLY A S DE CONFORMITE
(Municipalities Act, R.S.N.B. 1973, (Loi Sur les municipalites, L.R.N. -B. de 1973,
c.M -22, s.190.01(3)) ch. M -22, par. 190.01(3))
Parcel Identifier: 49015
Address: 60 Jack Street, Saint John, New Brunswick
Owner(s) or Occupier(s):
Numbro d' identification de la parcelle : 49015
Adresse : 60, rue Jack, Saint John, Nouveau -
Brunswick
Proprietaire(s) ou occupant(s) :
Name: Her Majesty in right of New Brunswick Nom : Sa Majesty la Reine en chef de la province du
formerly Caldo Ltd. Nouveau - Brunswick, autrefois Caldo Ltd.
Address: Centennial Building, P. O. Box 6000,
Fredericton, New Brunswick, E3B 5H1
Adresse : Edifice du Centennaire, Case postale 6000,
Fredericton (Nouveau- Brunswick), E313 5H1
Lessees: Edward Joseph Cormier (Jr.) and Frances Preneurs a bail: Edward Joseph Cormier (Jr.) et
Cormier Frances Cormier
Address: unknown
Municipality issuing notice: The City of Saint John
By -law contravened: Saint John Unsightly Premises
and Dangerous Buildings and Structures By -Law, By-
law Number M -30 and amendments thereto (the `By-
law").
Provision(s) contravened: Paragraphs 190.01(1)(a, b,
c, d), 190.01(1.1) and 190.01(2) of the Municipalities
Act, and amendments thereto.
Description of condition(s): The premise is unsightly
by permitting junk, rubbish, construction materials and
dilapidated buildings to remain on the premise. The
buildings have become a hazard to the safety of the
public by reason of being vacant or unoccupied, and, has
become a hazard to the safety of the public by reason of
dilapidation and unsoundness of structural strength. The
conditions of the buildings and premises are described
in Schedule "A ", a true copy of the inspection report
dated October 2, 2012 prepared by Pamela Bentley, P.
Eng., By -law Enforcement Officer and reviewed by
Amy Poffenroth, P.Eng., Building Inspector.
Remedy or remedies required: The owner and/or the
lessees are to remedy the conditions by complying with
the required remedial actions of the aforementioned
inspection report and bring the buildings and premises
into compliance with the aforesaid By -law.
In the event that the owner and/or the lessees do not
remedy the condition of the buildings and premises in
the time prescribed by this Notice to Comply, the
buildings may be demolished as the corrective action to
address the hazard to the safety of the public and the
premises may be cleaned up.
Adresse : inconnu
Municipality signifiant Pavis : The City of Saint
John
Arrete enfreint : Arrete relatif aux lieux inesthetiques
et aux bdtiments et constructions dangereux de Saint
John, Arrete numero M -30, ainsi que ses
modifications ci- afferentes (1' « rret
Ae »).
Disposition(s) enfreinte(s) : Les paragraphes
190.01(1)(a, b, c, d), 190.01(1.1) et 190.01(2) de la
Loi sur les municipalites, ainsi que les modifications
afferentes.
Description de la (des) condition(s) : Les lieux sont
inesthetiques en permettant la presence de ferraille, de
detritus, une accumulation de residus de construction
et des batiments delabres. Les bdtiments sont devenus
dangereux pour la securite du public du fait de son
inhabitation ou de son inoccupation et, sont devenus
dangereux pour la securite du public du fait de son
delabrement et de son manque de solidite. Les
conditions des batiments et des lieux sont decrites a
Pannexe « A)>, une copie conforme du rapport
d'inspection en date du 2 octobre 2012 et prepare par
Pamela Bentley, ing., une agente charg6e de
1'execution des arret6s municipaux et revise par Amy
Poffenroth, ing., Inspectrice des bdtiments.
Mesure(s) a prendre : Le proprietaire et/ou les
preneurs a bail doivent restaurer les conditions en se
conformant aux recommandations du rapport
d'inspection susmentionn6 et d'amener les bdtiments
et les lieux en conformites avec l'AiTete.
Dans 1'eventualite que le proprietaire et/ou les
preneurs a bail ne rem6diaient pas les bdtiments et les
lieux dans le temps prescrit par le present avis de
conformate, les bdtiments pourront etre demoli comme
mesure corrective compte tenu qu'il represente un
danger pour la securite du public et les lieux pourront
etre nettoy6s.
In the event of demolition, all debris and items on the Dans 1'eventualite de demolition, tous les debris et
108
premises will be disposed of as the corrective action to
address the hazard to the safety of the public.
The aforementioned remedial actions relating to the
demolition of the buildings and the disposal of debris
and items on the premises do not include the carry-out
clean-up, site rehabilitation, restoration of land,
premises or personal property or other remedial action
in order to control or reduce, eliminate the release, alter
the manner of release or the release of any contaminant
into or upon the environment or any part of the
environment.
Date by which the remedy or remedies must occur:
a) The demolition of the buildings, clean -up of the
property and related remedies must be complete,
or plans and permit applications for repair
related remedies, must be submitted: within 60
days of being served with the Notice to Comply.
b) The repair related remedies must be complete
within 120 days of being served with the Notice
to Comply.
Date by which notice may be appealed: Within 14
days of being served with the Notice to Comply.
Process to appeal: The owner and/or the lessees may
within 14 days after having been served with this Notice
to Comply, send a Notice of Appeal by registered mail
to the Common Clerk of The City of Saint John, City
Hall — 8h Floor, 15 Market Square, Saint John, New
Brunswick, E2L 4L1.
Potential penalty for non - compliance within
specified time:z Subsection 190.03(1) of the
Municipalities Act states that a person who fails to
comply with the terms of the Notice to Comply given
under section 190.011 of the said Act, commits an
offence that is punishable under Part II of the Provincial
Offences Procedure Act as a category F offence.
Where an offence under subsection 190.03(1) continues
for more than one day, the minimum fine that may be
imposed is the minimum fine set by the Provincial
Offences Procedure Act for a category F offence
multiplied by the number of days during which the
offence continues pursuant to paragraph
190.03(1.2)(b)(1).
Municipality's authority to undertake repairs or
remedy:3 Paragraphs 190.04(1)(a), 190.04(1)(a.1) and
190.04(1)(b) of the Municipalities Act states that if a
Notice to Comply has been given under section 190.011
of the said Act and that an owner or occupier does not
comply with the Notice to Comply, as deemed
confirmed or as confirmed or modified by a committee
autres items sur les lieux seront disposes comme
mesure corrective dans le but de remedier le danger
pour la securite du public.
Les mesures correctives susmentionnees relativement
A la demolition des batiments et la disposition des
debris et autres items sur les lieux ne comprennent pas
le nettoyage, la remise en etat des lieux, des terrains
ou des biens personnels ou toute autre mesure
corrective dans le but de contr6ler ou de reduire,
d'eliminer le deversement, de modifier le mode de
deversement ou le deversement d'un polluant dans ou
sur 1'environnement ou toute partie de
F environnement.
Date a laquelle la on les mesures doivent etre
prises :
a) La demolition des batiments et le nettoyage
des lieux doivent etre completees, ou a
laquelle les plans et demande de perks pour
les mesures des reparations, doivent etre
soumises, dans les 60 jours qui suivent la
signification de Pavis de conformite.
b) Les reparations reliees aux mesures doivent
etre completees dans les 120 jours qui
suivent la signification de Favis de
conformite.
Date a laquelle un appel de 1'avis pent etre depose:
Dans les 14 jours qui suivent la notification de Favis
de conformite.
Processus d'appel : Le proprietaire et /ou les preneurs
A bail peuvent dans les 14 jours qui suivent la
notification de Favis de conformite, envoye un avis
d'appel par couYrier recommande a la greffiere
communale de la municipalite, a The City of Saint
John, Edifice de 116tel de ville, 8e etage, 15 Market
Square, Saint John, Nouveau - Brunswick, E2L 4L1.
Penalite possible pour non - conformite dans le delai
prescritz : Le paragraphe 190.03(1) de la Loi sur les
municipalites prevoit quiconque omet de se conformer
aux exigences formulees dans un avis de conformite
notifie aux termes de Particle 190.011 de ladite loi,
commet une infraction qui est punissable en vertu de
la Partie II de la Loi sur la procedure applicable aux
infractions provinciales a titre d'infraction de la classe
F.
Lorsqu'une infraction prevue au paragraphe 190.03(1)
se poursuit pendant plus d'une journee, Pamende
minimale qui peut etre imposee est 1'amende
minimale prevue par la Loi sur la procedure
applicable aux infractions provinciales pour une
infraction de la classe F multipliee par le nombre de
jours pendant lesquels Pinfraction se poursuit
conformement a Palinea 190.03(1.2)(b)(i).
Pouvoir de la municipalite d'entreprendre les
reparations on de prendre les mesures3 :
Conformement aux alineas 190.04(1)(a),
190.04(1)(a.1) et 190.04(1)(b) de la Loi sur les
municipalites, si un avis de conformite a ete signifie
aux termes de Particle 190.011 de ladite loi et, que le
proprietaire ou 1'occupant ne se conforme pas a cet
109
of council or a judge under section 190.021 of the said
Act, within the time set out in the Notice to Comply, the
municipality may, cause the premises of that owner or
occupier to be cleaned up or repaired, or cause the
building of that owner or occupier to be repaired or
demolished, and the cost of carrying out such work,
including any related charge or fee, is chargeable to the
owner or occupier and becomes a debt due to the
municipality.
Dated at Saint John the, day of November, 2012.
Municipality: The City of Saint John
Signature of Municipal Officer:
Municipal Officer's Contact information:
Name: Pamela Bentley
Mailing address:
Buildings and Inspection Services Department
The City of Saint John
15 Market Square
City Hall Building, l Ot" Floor
P. O. Box 1971
Saint John, New Brunswick
E2L 4L 1
Telephone: (506) 658 -2911
Telecopier: (506) 632 -6199
Email:
Seal of
Notes:
1. All appropriate permits must be obtained and all relevant
legislation must be complied with in the course of carrying out the
required remedial action.
2. Payment of the fine does not alleviate the obligation to comply
with the by -law, standard or notice to comply.
3. Costs become a debt due to the municipality and may be added to
the joint municipal and provincial Real Property Assessment and Tax
Notice.
avis de conformite dans le delai imparti et tel qu'il est
repute confirme ou tel qu'il est confirme ou modifle
par un comite du conseil ou par un juge en vertu de
Particle 190.021 de ladite loi, la municipalite peut
faire nettoyer ou reparer les lieux de ce proprietaire ou
de cet occupant ou de faire reparer ou demolir la
propriete de ce proprietaire ou de cet occupant, et les
frais relatifs A 1'execution de ces travaux, y compris
toute redevance ou tout droit afferent, sont A la charge
du proprietaire ou de l'occupant et deviennent une
creance de la municipalite.
Fait A Saint John le _ novembre, 2012.
Municipality: The City of Saint John
Signature de la representante municipale:
Coordonnees de la representante municipale :
Nom: Pamela Bentley
Adresse postale:
Departement aux services d'inspection et des
batiments
The City of Saint John
15 Market Square
Edifice de 1'h6tel de ville, 10' etage
Case postale 1971
Saint John (Nouveau- Brunswick)
E2L 4L1
Telephone: (506) 658 -2911
Telecopieur : (506) 632 -6199
Courriel: pamela.bentley @saintjohn.ca
Sceau de la municipalite
Notes :
L Tous les permis prescrits doivent etre obtenus et toute la
legislation pertinente doit etre respectee, pendant 1'execution de la
mesure de recours.
2. Le paiement de Pamende n'annule pas Pobligation de respecter
Parrete, la norme ou Pavis de conformite.
3. Les couts deviennent une dette envers la municipalite et peuvent
etre ajoutes a Pavis d'evaluation et d'imp6t foncier municipal et
provincial.
110
INSPECTION REPORT
Schedule "A"
60 Jack Street
Saint John, New Brunswick
PID# 49015 and 55208847
Inspection Date: September 26, 2012
Inspector: Pamela Bentley
Introduction
i nereny certity that this
document is a true copy of the
original.
Dated at Saint John,
this day of
0—CJV e V— 20—L17
Standards Officer
An inspection of the property noted that the buildings on the premise are vacant,
unoccupied and dilapidated. The property has three structures, including a single storey
wood frame house (the "house "), a severely fire - damaged garage (the "garage ") and a
small shed /shelter. The front vestibule portion of the house is pulling away from the
main structure and the building's foundation of Concrete block is uneven, has shifted and
is displaced in some locations. The premise has a large amount of debris, including
firewood, junk and other garbage materials.
The buildings are a hazard to the safety of the public by reason of being vacant or
unoccupied and by reason of dilapidation and unsoundness of structural strength.
Discussion
The buildings are not in compliance with the Saint John Unsightly Premises and
Dangerous Buildings By -law, By -law Number M -30, and amendments thereto (the `By-
law").
Premise conditions
Paragraph 190.01(1) of the Municipalities Act states:
No person shall permit premises owned or occupied by him or her to be
unsightly by permitting to remain on any part of such premises
(a) any ashes, junk, rubbish or refuse;
(b) an accumulation of wood shavings, paper, sawdust or other residue of
production or construction;
(c) a derelict vehicle, equipment, machinery or the body of any part of a
vehicle equipment or machinery, or
(d) a dilapidated building.
1. The premise contains a large amount of firewood, kindling and wood material
suitable for fuel (for use in a wood stove or fireplace). There are also sheets of
plywood and other scrap wood, some of which contain protruding nails.
2. There is debris and garbage on the premise including paper cups, bags, cardboard,
metal racks, and two shopping carts.
There is a deteriorated and rotted fence in the rear yard which has nearly
collapsed.
4. There is a severely fire- damaged garage in the side yard. The front part of the
garage has been consumed by fire and only a small portion of the front corner and
the rear third of the garage remain.
These conditions are considered unsightly and are easily viewable from Jack
Street.
111
Vacant and Unoccupied
Paragraph 190-01(l. 1) of the Municipalities Act states:
No person shall permit a building or structure owned or occupied by him
or her to become a hazard to the safety of the public by reason of being
vacant or unoccupied.
The buildings are a hazard to the safety of the public by reason of being vacant or
unoccupied for the following reasons:
The house has been found to be secure during periodic inspections; however,
the shed and garage are open and it is no longer possible to secure the garage.
On May 8, 2012, the garage was the subject of a fire and was extensively
consumed by fire and the remaining portion of the garage is no longer
structurally sound. As the garage has been the subject of a deliberately -set
fire, it is reasonable to extend the threat of arson to the remaining structures on
the property.
2. There is a high risk of a fire event occurring at the premise due to it being
known to the public that the house is vacant, and because buildings on the
premise have been the subject of a fire. The impact of another fire event is
amplified because of combustible materials that remain inside the shed and
that are on the premise including a significant amount of firewood and other
scrap wood which would act as fuel. As already mentioned, there has been one
documented case of arson at the property.
3. A high risk of fire and the impact that a fire would have on the building and
surrounding properties poses a hazard to the safety of the public, especially to
those residents who live nearby. It should be stated that the property is being
used as a public thoroughfare to connect Jack Street to the large apartment
buildings at 40 Matthew Lane which is directly behind the premise. These
buildings contain a total of 48 units and anyone who uses this thoroughfare
through 60 Jack Street, or who lives in the nearby homes on Jack Street and/or
in the apartment building mentioned above is at risk if there were another fire
event at the property. The property's proximity to these locations amplifies
this hazard because of the amount of pedestrian traffic and population density
in the area.
4. There is a concern for firefighter safety, in the event of a fire. Since the
building has been known to the public as vacant, it would be reasonable for
firefighters to enter it in the event of a fire to check for people inside. The
condition of the interior is not known to firefighters, which poses a hazard to
their safety and others who may be inside in the event of a fire.
Dilapidated and Structurally Unsound
Paragraph 190.01(2) of the Municipalities Act states
No person shall permit a building or structure owned or occupied by him
or her to become a hazard to the safety of the public by reason of
dilapidation or unsoundness of structural strength.
The buildings are hazards to the safety of the public by reason of structural unsoundness
for the following reasons:
House
1. The house's front porch is pulling away from the main portion of the building.
The porch area runs the front length of the house and is approximately 1.5
metres deep. There is a large opening about 2 centimetres at the roofline of
where the house connects to the porch. The opening is allowing the elements
2
112
to penetrate the building which will cause more rapid deterioration of the
structure.
2. The house's foundation walls are mostly constructed of concrete block. The
courses of block are uneven, have loose and/or missing mortar and have
shifted in several locations. The foundation is not providing a suitable base
for the structure in its present condition. The right side sill of the house also
appears to be deteriorating.
3. An interior inspection was not conducted, however, it was possible to view the
interior of the kitchen through a front window. The kitchen window frame
appears to be skewed and the kitchen counter and cupboards do not appear to
be plumb and level. These are potential indicators that the building has
possibly shifted any may be related to the deficiencies in the foundation walls
viewed in other areas of the building.
4. The front deck of the house has missing lattice guards at the front deck and
lattice guards are not suitable material to prevent someone from falling from
the deck to the ground. Additionally, the rear deck is deteriorated and also has
lattice guards.
Garage
5. The garage on the property is severely fire damaged with more than half of the
building destroyed by fire. The roof is missing and only a portion of the front
gable end remains along with the back third of the building. Overall, the
building was small, with approximate measurements of 2.5 metres by 3.5
metres. The building is no longer structurally sound and will eventually
collapse. The thoroughfare to the apartment buildings of Matthew Lane
passes directly in front of the garage and anyone passing by could be hurt if
the garage were to collapse. Additionally, fire- damaged debris and charred
materials are on the ground and could cause harm or tripping hazards if
anyone were to step on them.
3
113
Required Remedial Actions
The owner must comply with one of the two options stated below:
Option 1: Remedy the conditions of the buildings through all repair and remedial actions
as follows:
1. The house must be completely repaired so it may become occupied while
maintaining minimum standards as described by the Saint John Minimum
Property Standards By -law and the Code. The garage must be demolished.
2. The buildings must be maintained, kept secure, and monitored on a routine basis
while the property remains vacant or unoccupied.
3. A detailed plan must be submitted to the Buildings and Inspection Services
Department of the City of Saint John (the "Department ") for review and approval.
This plan should also include a complete engineering report regarding the
structural soundness of the building and any necessary repairs. The plan should
also include a schedule for the work that is to be carried out. The repaired
building must meet the National Building Code of Canada (2005) as well as other
applicable codes.
4. The detailed plan, including schedules and any engineering reports, must be
approved by the Department prior to commencing repair work.
5. The fence in the rear yard must be repaired or removed.
6. A building permit must be obtained for any and all applicable work prior to
commencing said work from the City of Saint John in order to comply with the
Saint John Building By -law, By -law Number C.P. 101 and amendments thereto
(the "Saint John Building By- law "). The building permit is to include the
demolition of the garage on site.
7. The premise must be cleared of all debris found on the property, including any all
rubbish that may be considered hazardous or unsightly. The debris from the
premise must be disposed of at an approved solid waste disposal site, in
accordance with all applicable by -laws, acts and regulations. Documented proof,
that clearly demonstrates an approved solid waste disposal site was used for the
disposal of debris, must be provided to the Department. The premise must comply
with all applicable by -laws, acts, codes and regulations.
Option 2: Demolition of the buildings and cleanup of all debris on the premise by
complying with all the remedial actions as follows:
1. The buildings must be demolished to remove the hazard to the safety of the public
by reason of dilapidation and by reason of being vacant or unoccupied.
2. A demolition permit must be obtained from the City of Saint John in order to
comply with the Saint John Building By -law.
3. The premise must be cleared of the debris from the demolition and the lot must be
made reasonably level with grade so as to not create a tripping or falling hazard.
All debris must be disposed of at an approved solid waste disposal site, and in
accordance with all applicable by -laws, acts and regulations. Documented proof,
that clearly demonstrates an approved solid waste disposal site was used for the
disposal of debris, must be provided to the Department.
4. All debris that is currently on the premise must be cleared and disposed of at an
approved solid waste disposal site, and in accordance with all applicable by -laws,
acts and regulations. Documented proof, that clearly demonstrates an approved
solid waste disposal site was used for the disposal of debris, must be provided to
the Department.
rd
114
5. The property must be in compliance with all applicable by -laws, acts and
regulations.
115
Prepared by:
r 2
�MdA —,-
Pamela Bentley, P. Eng.
Technical Services Engineer
Growth and Development Services
Reviewed by:
Amy Poffenroth, ng.
Building Inspector
Growth and Development Services
116
,-7 , 201 Z_
Date
- () Ootp-r 7-, W/ 7.
Date
NOTICE OF APPEAL
FORM 1
(Municipalities Act, R.S.N.B. 1973,
c. M -22, s.190.021(1))
File No.:
AVIS D'APPEL
FORMULE 1
(Loi sur les municipalitis, L.R.N. -B. de 1973,
ch. M -22, par. 190.021(1))
N° du dossier:
BETWEEN: This is 'Exhibit << n
ENT RE:
Ij in the Affidavit of
r�►:�,�v{�.
Vc_re me at the Cit',
New Funslo='-
Of bey- 2mil L
Gornmissioner of Oaths 0
PAMELA M H BENTLEY
Appellant(s)
ICOMMISSIONER OF OATHS Appelant(s),
and -
MY COMMISSION EXPIRFA _
DECEMBER 31ST, 2013
THE CITY OF SAINT JOHN, THE CITY OF SAINT JOHN,
Respondent.
Parcel Identifier: PID #
Parcel Address:
Owner(s) or Occupier(s):
Name:
Address:
Telephone:
Name:
Address:
Telephone:
Intimee.
Numero d'identification de la parcelle : # NID
Adresse de la parcelle :
Proprietaire(s) ou occupant(s) :
Nom :
Adresse :
Telephone:
Nom :
Adresse :
Telephone:
117
-2-
The above named appellant(s) is (are) not satisfied
with the terms and conditions set out in the notice
that has been given under section 190.011 of the
Municipalities Act and appeals to the Saint John
Substandard Properties Appeal Committee.
The appellant's grounds for this appeal are as follows
(set out the grounds clearly but briefly):
Dated at
1T
2012.
L'appelant(s) susnomm6(s) n'accepte(nt) pas les
modalit6s ou les conditions qui y sont 6nonc6s dans
Favis qui a W notifi6 aux termes de Particle 190.011 de
la Loi sur les municipalites et fait appel au Comite
d'appel des proprietes inferieures aux normes de Saint
John.
Les motifs d'appel de 1'appelant(s) dans le present appel
sont les suivants (enoncer les motifs de fa�on claire et
concise) :
day of Fait a
Signature of owner or occupier
The appellant(s) intends to proceed in the English ❑
or French ❑ language (Please check the appropriate
box).
Please forward your Notice of Appeal by registered
mail to the clerk of The City of Saint John within
fourteen (14) days after having been given the notice
at the following address:
Common Clerk's Office
15 Market Square, City Hall Building, 8a' Floor
P. O. Box 1971
Saint John, New Brunswick
E2L 4L1
Telephone: 506-658-2862
Telecopier: 506- 674 -4214
Notes:
1. A notice that is not appealed within fourteen (14)
days after having been given the notice shall be
deemed to be confirmed.
le
2012.
Signature du propri6taire ou Foccupant
L'appelant(s) a (ont) l'intention d'utiliser la langue
frangaise ❑ ou anglaise ❑ (Veuillez cocher la case
appropriee).
Veuillez faire parvenir votre Avis d'appel par courrier
recommande au secretaire de The City of Saint John
dans les quatorze (14) jours qui suivent la notification
de Vavis a Vadresse suivante :
Bureau du greffier communal
15 Market Square, Edifice de 116te1 de ville, 8e 6tage
Case postale 1971
Saint John (Nouveau- Brunswick)
E2L 4L1
T616phone: 506-658-2862
T616copieun 506- 674 -4214
118
Notes :
1. Un avis dont it West pas interj et6 appel dans les
quatorze (14) jours qui suivent la notification de Favis
est r6put6e confirm6.
-3-
2. On an appeal, the Saint John Substandard
Properties Appeal Committee shall hold a hearing
into the matter at which the owner(s) or occupier(s)
bringing the appeal has (have) a right to be heard and
may be represented by counsel.
3. On an appeal, the Saint John Substandard
Properties Appeal Committee may confirm, modify
or rescind the notice or extend the time for complying
with the notice.
4. The Saint John Substandard Properties Appeal
Committee shall provide a copy of its decision to the
owner(s) or occupier(s) of the premises, building or
structure who brought the appeal within fourteen
(14) days after making its decision.
5. The owner(s) or occupier(s) provided with a copy
of a decision from the Saint John Substandard
Properties Appeal Committee may appeal the
decision to a judge of The Court of Queen's Bench of
New Brunswick within fourteen (14) days after the
copy of the decision was provided to the owner(s) or
occupier(s) on the grounds that (a) the procedure
required to be followed by the Municipalities Act was
not followed, or (b) the decision is patently
unreasonable.
2. Lors d'un appel, le Comite d'appel des proprietes
inferieures aux normes de Saint John doit tenir, sur le
point en litige, une audience au cours de laquelle le(s)
proprietaire(s) ou 1'occupant(s) qui interjette(nt) appel a
(ont) le droit d'etre entendu(s) et peut(vent) se faire
representer par un avocat.
3. Lors d'un appel, le Comite d'appel des proprietes
inferieures aux normes de Saint John peut confirmer,
modifier ou annuler 1'avis ou proroger le delai pour s'y
conformer.
4. Le Comite d'appel des proprietes inferieures aux
normes de Saint John doit fournir une copie de sa
decision au(x) proprietaire(s) ou a 1'occupant(s) des
lieux, du batiment ou de la construction qui lui a(ont)
interjete appel dans les quatorZe (14) fours suivant la
date a laquelle it a rendu sa decision.
5. Le(s) proprietaire(s) ou 1'occupant(s) a qui une copie
d'une decision a ete fournie par le Comite d'appel des
proprietes inferieures aux normes de Saint John
peut(vent), dans les quatorZe (14) jours qui suivent,
inter eter appel de la decision devant un juge de la Cour
du Banc de la Reine du Nouveau - Brunswick au motif
que (a) la demarche a suivre en vertu de la Loi sur les
municipalites n'a pas ete suivie, ou (b) la decision est
manifestement deraisonnable.
119
1L
REPORT TO COMMON COUNCIL
M &C 2013 -62
April 11, 2013
His Worship Mel Norton
And Members of Common Council
Your Worship and Councillors:
SUBJECT
Mispec Beach Park Fundraising Event
BACKGROUND
r-711
The City of Saint john
On March 11th, 2013, Council received a request from Mssrs. John Campbell and Barry McGrath for permission to
hold a fundraising event in support of Mispec Beach Park on the park grounds. The proposed date of the event is
Saturday July 13th from 11am -7pm and access to the area will be required the week prior to the event for general
setup.
More specifically, the proposed event will include the use of the old baseball field area and picnic shelters, as well
as the upper and lower parking lot areas of the park for the event. The organizers have also requested in kind
support from the Parks and City Landscape service area in the form of extra garbage receptacles, garbage removal
post -event and general site cleanup prior to the event.
This is the inaugural edition of what the organizers hope will be an annual fundraiser in support of park
improvements. The scope of activities planned for this year's event include a series of concerts, a beer garden and
food vending with a fee for entry to be charged.
ANALYSIS
Where the location of Mispec Beach Park falls outside of the Saint John city limits, the Parks and City Landscape
service requires that the event organizers obtain a provincial PERMIT FOR LICENCE FOR PROVINCIAL
EXHIBITIONS AND CONCERT REGULATION.
To obtain this permit the following documentation must be submitted to the provincial Local Service Manager for
ministerial approval:
Projected disposition of proceeds from event, by proponent.
Notification of intention to apply to the Department of Public Safety for a liquor license.
A letter indicating private security for on -site security, has or has not been hired for the event.
If a private security organization has been hired, provide a copy of the signed contract.
A plan for security for protection of adjacent property.
A letter from the RCMP, or a copy of the contract with the RCMP.
120
Report to Common Council
Mispec Beach Park Fundraiser 2013
Page 2 of 5
A letter from Department of Transportation indicating the exits and entrances onto the public highways are
acceptable for the nature and location of the event.
A letter of approval from Department of Health for sanitation, garbage removal and site clean -up plans
A site plan showing property location and size, and location of various activities (if applicable) within the
property, during the event.
A site plan for on -site parking, showing number of spaces, access to venue.
A letter or contract from the First Aid provider, indicating they are aware of the event, and are prepared to
respond to first aid complaints.
A letter or contract from the Ambulance Service indicating they are aware of the event, and can respond to an
emergency medical call.
A letter from regional Planning Commission for the area, indicating the permitted land -use of the property
being used.
In addition to providing the City of Saint John with copies of the above noted provincial permit requirements, the
organizers are aware that City of Saint John land use permission is contingent on providing proof of: contract with
a bonded security company, and a Commercial General Liability Insurance policy in the amount of $5 million that
names the City of Saint John as an additional insured and contain Host Liquor Liability coverage.
RECOMMENDATION
That Common Council approve the proposal of Mssrs. Campbell and McGrath for requested in kind event
support, land use of Mispec Beach Park on July 13th, 2013, and prior access to the park for general event
set up subject to the following conditions:
• Provision of a provincial "Permit for Licence for Provincial Exhibitions and Concert Regulation ",
with supporting permit documentation.
• Contract with a bonded security company, providing for a minimum of two security staff to be on
site for the duration of the event.
• Commercial General Liability Insurance policy in the amount of $5 million that names the City of
Saint John as an additional insured.
• That the proceeds from this event be directed to the upkeep and improvement of Mispec Beach.
• Organizers release, indemnify and save harmless the City of Saint John from and against all actions,
causes of actions, proceedings, claims and demands brought against the City arising from or in any
way connected to the event, with the required documentation to be prepared by the City Solicitor's
Office.
121
Report to Common Council
Mispec Beach Park Fundraiser 2013
Respectfully submitted,
Marc Doucet, BBA, D.Tech.
Operations Manager,
Parks and City Landscape
Urban Forestry
Transportation and Environmental Services
Wm. Edwards, P.Eng.
Commissioner,
Transportation and Environmental Services
Attached:
Letter of February 6th, 2013 from Mssrs. Campbell and
122
Page 3 of 5
i
Micheal Hugenholtz, P.Eng.
Deputy Commissioner,
Transportation and Environmental Services
Patrick Woods, CGA
City Manager
Report to Common Council
Mispec Beach Park Fundraiser 2013
February -6 -13
Master Recreation & Parks
Dear %%ark Doucette,
Subject: Fundraiser for Mispec Beach
1, John Campbell and Barry McGrath having been following the recent developments as
they pertain to Mispec Beach and the limit financial resources available to maintain s
presence at the beach and to enceura #c it's usage have decided to organize an outdoor
fundraiser consisting of a ten hour concert. The concert would include Jimmy Flynn,
well known local band Radio Factory as well as various -other bands and acts, We are
hoping to have the city's blessing and any material support which they maybe able to
ofTer.
We would like the concert to be confined to the ball diamond for Security and control
msons and utilizing the lower Park area for parking. We would ask of the city to
provide garbage cans, garbage removal service, and picnic tables, mow the area, etc.
Some of the various services being donated are security, barwn&ng, cooks, tents, music
(IL bands) and shuttle servicc to name a few, Saint John ,ambulance will be on hand as
woil.
The detail for the fundraiser are still evolving but Are can say xvc have targeted July 13th,
2013 as the concert date and look forward to an exciting time at Mispec Beach for the
community as a whole.
John Campbell
169 Charlotte St, 'W'
Saint John
639 -5567
McGrath
123
Barry McGrath
34 Mason Rd Apt 9
Saint John
Page 4 of S
SAINT JOHN
WATERFRONT
DEVELOPMENT
April 16, 2013
One Market Square, Suite 30'
Saint Jahn, hew 3runswick E2L 4Z6
Tel: 506.674.4273 / Fax: 506.E49.6068
Entail: info@siwo'e-frorit.com
Website: www.siwatarfront.cam
Mr. Bill Edwards
Acting City Manager
City of Saint John
15 Market Square
Saint John, New Brunswick
Dear Mr. Edwards;
RE: Smythe Street rehabilitation
In the fall of 2012, Saint John Waterfront Development commenced rehabilitation work
on Smythe Street.
This is a two -phase project to eliminate the water leakage into the underground parking
garage at Market Square that encompasses several aspects of Smythe Street
(expansion joints, sidewalks, brick pavers and sealant). It is part of the long -term asset
management plan for the Market Square property.
Attached is an outline and current status of the project and related information.
The tender included the entire project, but was designed in two phases with each phase
requiring approval. Saint John Waterfront Development is now seeking approval to
proceed with the second phase of the tender.
Keot Maclntyre I
Ge eral Manag r
Saint John r, ENTERPRISE ?; ''?�►�+ UPTOWN
Board of Trade S A I N J O H N Y s a n t ? o h n
4=
SAINT JOHN 124 m:.,a....,..
cmtj c Saint Cohn
2012 -2013 — Smythe Street Rehabilitation & Expansion Joints Proiect
In 2012, after an extensive investigation, a tender was issued for the entire project
(Phase 1 & 2) and a local Saint John company was the successful bidder — Alternative
Technologies Ltd at a value of $404,505 (lowest bid). The tender included Phase One
and Two (A &B), with an approval process for each phase (see attached). Phase One
was approved by Common Council in September 2012 (see attached). It is now time
for Phase Two to proceed and Common Council approval is required.
Phase One ($219,221) commenced in late 2012 with the replacement of some of the
expansion joints, and this phase will be completed April /May 2013. A carry-over from
2012 of approximately $130,000 ensures this phase of the project is completed and
funded.
Phase Two ($185,284) includes further expansion joint replacements and replacement
of portions of the west -side sidewalk including the installation of a new membrane and
brickwork.
Included in Phase Two is remedial work at the entrance to the Hilton Hotel, the Trade
and Convention Centre and frontal section of the Seniors Housing Complex which
results in a new sealant solution that also provides waterproofing, functionality and is
aesthetically pleasing.
According to the project dimensions and physical location, private stakeholders will be
responsible for costs associated with their respective property boundaries. The Hilton
Hotel's contribution is approximately $16,500, Hardman Group $46,900 and
Harbourside Apartment Complex $18,650. Saint John Waterfront Development has met
with all of these stakeholders and advised them of the work and level of financial
contribution required — all parties have agreed.
The Phase Two "city" portion of this project represents $185,284 of the overall project
cost.
Recommendation:
That Common Council approve the Phase Two portion of the Smythe Street
rehabilitation and expansion joint project as it pertains to the original tender
specifications and phasing.
125
5A 1 N-F 14 H N D EV E L0 P/`v\ E NT CCU R PCB RAT7 o N
P.O. ?c;; 7200, Saint John, New Bi ujn5 r,i[k E2L 4S6 Tel: 506 - 649 -6066 F =x' 50 -6, 6068
Mr. Patrick Woods September 4, 2012
City Manager
City of Saint John
15 Market Square
C.P. 1971
Saint John, New Brunswick
E21- 41-1
RE: Smythe Street Rehabilitation & Expansion Joint Project
Dear Mr. Woods;
This project is about eliminating the water leakage into the Market Square underground
parking garage.
The Saint John Development Corporation (SJDC) manages and operates the parking
garage as part of the overall Market Square Complex Lease agreement. Annual
maintenance and upkeep are managed through the Corporation as well as necessary
capital expenditures to ensure this City owned asset remains structurally sound and in
good repair (this includes the seawall monitoring and maintenance).
Currently, there are several leaks requiring attention and the Corporation secured the
services of a structural engineer and a certified engineering technician. Both individuals
identified trouble areas resulting in a detailed drawing showing the affected sections and
remedial action required.
A tender document was prepared (Part A &B) and advertised according to City
procurement procedures. The tender closed on Wednesday, August 29, 2012. Two
bidders submitted tenders - $640,710 and $404,505.
The structural engineer and engineering technician reviewed the tenders and the
accompanying letter of recommendation (attached) indicates the successful tender was
also the lowest bid.
126
Part A of this tender includes the replacement of the expansion joints on Smythe Street.
Part B deals with the repairs to sidewalk, curb and some asphalt areas on Smythe
Street. Part A will be addressed in 2012 and Part B, pending Council approval, will
commence in 2013. Bidders submitted prices of $219,221 and $427,140 for Part A.
Common Council has previously approved this capital expenditure for this project at
$275,000. The allotted funding of $275,000 Is sufficient for Part A to proceed in 2012.
The Part A portion of the project is the most critical as the majority of leakage occurs in
and around the expansion joints. As well, expansion joints have a life span of 7 -10
years and the current expansion joints are 7.5 and 12 years old. In addition, leakage
has affected some underground piping and most of these repairs have been addressed
earlier this year.
Therefore, SJDC is recommending the approval of the Part A tender from the Saint
John company, Alternative Concrete Technologies Ltd. (lowest tender) of $219,221.
Regards,
Kent Maclntyre
General Manager
127
From: Tibbits, Kelly
Sent: Tuesday, March 05, 2013 8:48 AM
To: Ellefsen, Theresa
Subject: FW: Common Council Resolution - Smythe Street Expansion Joint Project
Hi Theresa,
Here is the resolution that you requested. It was taken from the Common Council minutes of
September 10, 2012:
5.8 That as recommended by the City Manager in the submitted report entitled Smythe Street
Rehabilitation and Expansion Joint Project, Common Council approve the Part A Tender from Alternative
Concrete Technologies Limited in the amount of $219,221.
Kelly
From: Taylor, Jonathan
Sent: Tuesday, March 05, 2013 8:31 AM
To: Tibbits, Kelly
Subject: Fwd: Common Council Resolution - Smythe Street Expansion Joint Project
Would you follow up.
128
4.2 TENDERER'S REVONSIEILITI :° 4ND AGREEMENT (cont'd)
The undersigned Tenderer further agrees to provide all necessary permits, approvals, labour, material,
plant, equipment, tools, incidentals, products, water, light, heat, power, transportation, facilities, services
and other means of the specified requirements which are necessary to complete the work in accordance
with the contract and agrees to accept, therefore, in payment in full the total sums of :
PART "A" $21 9,221.00
Two Hundred Nineteen Thousand Two Hundred and Twenty One Dollars and NO Cents
PART "B" $185,284.00
One Hundred Eighty Five Thousand Two Hundred and Eighty Four Dollars and NO Cents
in Canadian Funds, which price includes HST (the "Tender Price ").
Evaluation of tender will based on the total sum of Part "A" and Part "B ". Due to budgetary constraints
SJWD reserves the right to enter into an agreement with the successful bidder to perform Part "B" of the
tender in the spring of 2013.
By submitting a Tender, the Tenderer absolutely waives any right, cause of action or claim for any
compensation of any kind whatsoever as a result of participating in this Request for Tender Call or by
reason of the SJWD's failure to accept the Tender submitted by the Tenderer, and the Tenderer shall be
deemed to have agreed to waive such right, cause of action or claim.
Place of Signing Signed, sealed and delivered at Saint John, New Brunswick
Date of Signing: This 29th day of August in the year 2012
Name and Title: ByJ Roderick Flood
Legal Name of Tenderer, Alternative Conc Technologic Ltd
Signature of Tenderer or Authorized Agent
Signature of Witness :�
Address of Tenderer- 32 Frederick Street, Saint John, NB E2J 2A9
91
129
PLACE,
SEA L
HERE
• ' / / / r
STONE :�] HAMMER"
GEOPARK, GEOPARC
Wednesday, April 10, 2013
Mayor Mel Norton &
Common Council
P. 0. Box 1971
Saint John, NB E2L 4L1
Dear Mayor Norton & Common Council,
On behalf of the Board of Directors of Stonehammer Geopark, I would like to provide a presentation to Mayor
& Council as scheduling permits.
The purpose of the presentation will be to update Mayor & Council on Stonehammer Geopark's
accomplishments since designation in October 2010 which will include a nominal funding request as the
geopark continues to deliver on the pillars of commitment to our valued partners; 1) preservation &
conservation, 2) education, 3) sustainable economic development and 4) networking on the international
stage.
Highlights of the presentation will include an update on the 6th International Global Geopark Conference
being hosted in Saint John in September 2014, investments in signage and product development at City parks
in the geopark to date and in the future, marketing successes, educational partnerships and the future
direction of North America's only geopark centered in Saint John.
If you could kindly advise when the next opportunity to present would be that would be most appreciated. If
you have any questions, please do not hesitate to contact me as per below.
Kindest Regar0s,
Bill M�r field
Chair, S oneham er Geopark
bill.merrifield@ bf.ca
506 -69 4
North America's First Global Geopark
z,.®
The Cry of saint join
April 22, 2013
Deputy Mayor and Councillors
Subject: Rockwood Park Advisory Board
The Committee of the Whole, having met on April 22, 2013, adopted the following
recommendations:
RESOLVED that Council makes no further appointments to the Rockwood Park Advisory
Board until the board has established a new mandate; and further that the Common Clerk's
office notify the Saint John Horticultural Association of the recommendation.
Sincerely,
Mel Norton
Mayor
&UNT JOHN P.O. ?ox 1971 Saint John, NB Canada F21. 4W mm.saintjohn.ca ' C.P. 1971 Saini, John, N. -B, Canada E2L 40
T
The City of Saint John
April 22, 2013
Deputy Mayor and Councillors
Subject: Saint John Waterfront Development — New Food Vendor — Waterfront Area
The Committee of the Whole, having met on April 22, 2013, adopted the following
recommendations:
RESOLVED that Common Council approve operation of the Beavertails mobile unit with the
following conditions:
1) Beavertails is responsible for all connection and operational costs associated with
electrical power, water and drainage;
2) Beavertails submits post -dated cheques, due the 1St of each month, for the duration of
the season based on a monthly rate of $400;
3) Beavertails is responsible for the daily cleanup of related debris within a 30 foot radius of
the mobile unit;
4) Only the beavertails mobile unit is permitted in the designated area (no passenger /cargo
vehicles);
5) Beavertails adheres to any /all regulations according to CFIA;
6) Beavertails understands the duration may be extended and/or reduced, up to 15 days by
Saint John Waterfront Development;
And Further, that Saint John Waterfront Development be requested to provide public notification
of sites presently available for mobile vendors; and
The City of Saint John provide public notification of City -owned land that is available for lease by
mobile vendors; and
Individuals that have applied to the City of Saint John for a vendor site license be contacted by
staff to advise of any available land for lease for a mobile site.
Sincerely,
Mel Norton
(z
SAINT JOHN P.O. Box 1971 Saint John, N3 Canada E2L 4134 www.saintjohn.ca I C.P. 1921 Saint John, N. -B. Canada E2L 4L1
y___
\' ,/SAINT JOHN
WATERFRONT
DEVELOPMENT
April 11, 2013
One Market Square, Suite 301
Saint John, New Brunswick E2L 4Z6
Tel: 506.649.6066 / Fax: 506.649.6068
Email: infoCsjwaterfront.com
Website: www.sjwaterfronl.com
Mr. Bill Edwards
Acting City Manager
City of Saint John
Saint John, New Brunswick
15 Market Square
Dear Mr. Edwards;
RE: New Food Vendor — Waterfront area
Saint John Waterfront Development has been working with a food vendor that could add
value and consumer interest on the waterfront for the summer of 2013.
Through discussions and our internal review, SJ Waterfront Development is prepared to
recommend that City officials and Common Council approve the attached
recommendation.
Kent Maclntyre
General Manac
c.c./ Amy Poffenroth
Trevor Gamblin
Samir Yammine
133
Introduction:
In an effort to energize the waterfront area for the 2013 tourist season we have been
negotiating with an entity that will add consumer /visitor value to the Loyalist Plaza North
Market Slip area. As of April 2013 we have reached a tentative arrangement, subject to
a municipal operations review and Common Council approval, with Beavertails Inc.
"Beavertails" is a national franchise chain and the local Franchise owner is Mr. Brandon
Parent. This Beavertails operation will consist of a new, mobile food vending trailer that
will be stationed at a designated location on the waterfront for the tourist season — June
1 until October 15, 2013 (see attached Beavertails details).
Operational Details:
The Beavertails operation requires two utility services — electricity and water. The
waterfront area offers a location where both of these services can be readily and easily
accessed. The designated area is the former location of the Barbour General Store,
adjacent to the Loyalist Plaza circle and next to the existing red schoolhouse.
The Beavertails operation would be responsible for the connection and cost of electricity
and water as well as the safe discharge of grey water. In addition, a monthly lease fee
of $400 would apply from June 1 to October 15 ($1,800).
Other Analysis:
It would be appropriate for Trevor Gamblin, Facilities Manager and Samir Yammine,
Energy Manager to visit the site and review the utility capabilities along with SJ
Waterfront Development.
Recommendation:
Saint John Waterfront Development recommends the operation of the Beavertails
mobile unit with the following conditions;
1. That Beavertails is responsible for all connection and operational costs
associated with electrical power, water and drainage.
2. Beavertails submits post -dated cheques, due the 1 sc of each month, for the
duration of the season based on a monthly rate of $400.
3. Beavertails is responsible for the daily cleanup of related debris within a 30 foot
radius of the mobile unit.
4. Only the beavertails mobile unit is permitted in the designated area (no
passenger /cargo vehicles).
5. Beavertails adheres to any /all regulations according to CFIA.
5. Beavertails understands the duration may be extended and or reduced, up to 15
days by SJ Waterfront Development.
134
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Leisure Parks
1.Gr3nby Zoo (x3)
2.Toronto Zoo (x2)
3.La Ronde (x4)
4-Magic Mountain Water Park
5-Pointe-Calumet (Super Aqua
Club)
6.Saint- Sauveur Water Park
7-Wild Water Kingdom
8.CNE
9-Wharf Village
10-Civic Center Ottawa
Miscellaneous
1-Cinemas Guzzo (x8)
2.McMastervilie Fringale
3.McGill
4-Notre Dame
5.Barrie
6.Store -in -Store Express
Counters (x37)
Ski hills
1.Martock Ski Hill
2.Mont- Tremblant (x2)
3-Blue Mountain Village
4.Blue Mountain
S.Horseshoe
6.Grouse Mountain
7-Mount Washington
8-Whistler Mountain (x2)
9.Ski Bromont
10-Keystone Colorado
Inrer national
1.Japan
2.Saudi Arabia
Mobiles
1. Maritimes Mobile
2. Quebec Mobile (x3)
3. Lac- Saint -Jean Mobile
4. Winterlude Canal (0)
5. Ottawa Mobile (0)
6. Toronto Catering Mobile
7. Pembroke Mobile
8. Peterborough Mobile
9. Vaughan Mobile
10. Sudbury Mobile
11. Thousand Islands Mobile
12. Muskoka Mobile
13. Kitchener- Waterloo-
Cobourgh Mobile
14. Southwest Ontario -
Chatham- London
15. GTA Mobile
16. Manitoba Mobile
Historic Distric•Ls
1. Byward Market
2. Old Montreal
3. Old Port Montreal
4. Cavendish Boardwalk
5. Old Quebec (x2)
6. Banff
7. Niagara Falls
8. Halifax waterfront
9. Pembroke Waterfront
10. Tobermory
11. St- Sauveur Village
SeaverBites are an appetizing dough bite
version of our pastries served piping hot on
our deliciously refreshing frozen yogurt or
gelato. It can be topped by a variety of tasty
flavours. Heavenly Cold... Sinfully Hot !
137
BeaverTals pastries are deliciously
addictive whole -wheat pastries that are
shaped like a Beaver's tail, float cooked on
Canola oil, and served piping hot with your
choice of topping. Our most popular
flavours include the classic cinnamon - sugar,
the traditional cinnamon - apple, and the
decadent banana chocolate.
138
MCOZOOO smaothies are made with all
organic, natural ingredients and real frozen
fruit. These healthy and delicious drinks can
be made into shakes by adding vanilla
frozen yogurt. Customers often have a
Moozoo smoothie as a meal replacement or
a compliment to their BeaverTail.
139
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We will also offer piping hot coffee, and tea. We will
also offer hot chocolate that can be topped with
marshmallows or whip cream if the customer or
children desire. Locally made Hot Apple Cider from the
valley will be served with cinnamon sticks.
Cappuccinos in various flavours such as English Toffee,
and French Vanilla were very popular last year and
would be available again this year. Water, pop and juice
will also be available for purchase.
140
Moozoo ® Gelai-o is an Italian ice cream made
out of milk (not powder) which is more
intense in flavor yet pleasing to the pallet. It
is velvety in texture. It is guilt free ice cream,
with all the flavor, less fat and less calories.
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141
BeaverTails pastries is proud to extend it's delicious
Canadian treats by featuring poutines and sauce - fries!
Delicious twists on an old favorite... these make the
perfect accompaniment to your pastry treat!
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The City of Saint John
April 22, 2013
Deputy Mayor and Councillors
Subject: Leisure Services Advisory Board
The Committee of the Whole, having met on April 22, 2013, adopted the following
recommendations:
RESOLVED that Common Council not appoint new members to the Leisure Services
Advisory Board until Council has further direction and information from the Regional Services
Commission on what is proposed for recreational service for the region; and further that the
existing members be thanked and advised of Council's resolution.
Sincerely,
Mel Norton
Mayor
(i�l
SZUNT JOHN PO. sox 1971 Saint john, NB Canada E21.444 wvA-v.saingohn.ca I C:.f? 1971 Saint John, NA. Canada 12L4L1