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2013-10-07_Agenda Packet--Dossier de l'ordre du jourr. City of Saint John Common Council Meeting AGENDA Monday, October 7, 2013 6:00 pm Council Chamber Please use Chipman Hill entrance S'il vous plaft utiliser 1'entree Chipman Hill Si vous avez besoin des services en francais pour une reunion de Conseil communal, veuillez contacter le bureau du greffier communal au 658 -2862. Pages 1. Call to Order - Prayer 2. Approval of Minutes 2.1 September 23, 2013 Minutes 2 - 5 3. Approval of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 Amendment to Terms for an Easement for Public Utilities 170 Prince William 6 - 7 Street - Saint John High School (Recommendation in Report) 5.2 Consent Agreement for Proposed Encroachment of Maritmes and Northeast 8-32 Pipeline Irving Pulp and Tissue spur line at the tee, Mill St., in the County of St. John, in the Province of New Brunswick (Recommendation in Report) 5.3 Lease #222 (Lower Cove Loop) - Saint John Port Authority (Recommendation in 33-35 Report) 5.4 Summary of the Federation of Canadian Municipalities' Board of Directors and 36-58 Standing Committee Meetings, St. John's, Newfoundland and Labrador, September 4 -7, 2013 (Recommendation: Receive for Information) 5.5 Loch Lomond Community Centre Demolition - Recommendation for Award of 59-61 Request for Quotation (Recommendation in Report) 1 Powered By; $ &IBE' 5.6 Uptown Saint John - Request to Present (Recommendation: Refer to Clerk for 62-62 Scheduling) 5.7 B. Warr Letter Re: Recognition of Irving Family (Recommendation: Receive for 63-63 Information) 5.8 P. Ram Letter Re: Taxi Advisory Committee (Recommendation: Refer to 64-64 Nominating Committee) 5.9 H. Sauerteig Letter Re: The Saint John Emergency Management Organization 65-66 Advisory Committee (Recommendation: Receive for Information) 5.10 Extension to Installation Timeframe for 225 Sculpture (Shards of Time) 67-72 (Recommendation in Report) 6. Members Comments 7. Proclamation 7.1 Children's Vision Month - October 2013 73-73 8. Delegations / Presentations 9. Public Hearings 9.1 Proposed ByLaw Amendment Stop Up and Close South Market Wharf, Ward 74-76 Street and Peters Wharf 10. Consideration of By -laws 10.1 Third Reading - A By -Law Respecting the Closing of Retail Businesses in The 77-82 City of Saint John 10.2 Public Presentation - Proposed Municipal Plan Amendment 1006 Latimore 83-170 Lake Road 11. Submissions by Council Members 11.1 Saint John Midget Vito's Sponsorship (Deputy Rinehart) 171 -172 11.2 Crowdsource Funding for Municipal Infrastructure Projects (Councillor Norton) 173-173 11.3 Bi- Weekly Council Meetings (Councillor Strowbridge) 174-174 12. Business Matters - Municipal Officers 12.1 Chipman Hill Pedway Curtain Wall Replacement - Recommendation for Award 175-177 of Tender 12.2 C.E. Nicolle Community Centre Revitalization - Recommendation for Award of 178-180 Construction Contract Phase 2 1 13 14 15 16 17 18 12.3 Members Comments on Council Agenda 181 -182 12.4 2014 Budget Preparation 183-190 Committee Reports 13.1 Saint John Police Force - August 2013 Financial Results 191 -199 Consideration of Issues Separated from Consent Agenda General Correspondence Supplemental Agenda 16.1 Waiving of Conditions of Sale of former Freedom and Vimy Courts to Vimy 200-202 Estates Inc. for Development of Senior Apartment Complex 16.2 Freedom of the City (Mayor Norton) 203-203 16.3 Priorities Update (Mayor Norton) 204-204 16.4 Fire Prevention Week - Oct. 6 -12, 2013 205-205 Committee of the Whole Adjournment 3 City of Saint John Common Council Meeting Monday October 7, 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 du greffier communal 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 subsection 10.2(4) 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 Legal Opinion 10.2(4)(f) 1.3 Draft Zoning Bylaw Site Specific Property Impacts 1.4 Discussion Items 1.5 Finance Matter 10.2(4)(c) The City of Saint John Seance du conseil communal Le lundi 7 octobre 2013 18 h Salle du conseil Comit6 pl6nier 1. Ouverture de la seance Si vous avez besoin des services en frangais pour une reunion de Conseil Communal, veuillez contacter le bureau de la greffiere communale au 658 -2862. Chacun des points suivants, en totalit6 ou en partie, peut faire l'objet d'une discussion en priv6 en vertu des dispositions pr6vues a Particle 10 de la Loi sur les municipalWs. Le conseil /comit6 prendra une ou des decisions a cet 6gard au cours de la seance publique 16 h 30 — Salle de conference, 8e etage, hotel de ville 1.1 Approbation du proces- verbal — paragraphe 10.2(4) 1.2 Avis juridique — alin&a 10.2(4)f) 1.3 Ebauche d'arret& de zonage visant les r6percussions sur les terrains situ&s a certains endroits 1.4 Points de discussion 1.5 Question relative aux finances — alinea 10.2(4)c) Seance ordinaire 1.Ouverture de la seance, suivie de la priere 2. Approbation du proces- verbal 2.1 Proces- verbal du 23 septembre 2013 3. Adoption de 1'ordre du jour 4. Divulgations de conflits d'interets 5. Questions soumises a 1'approbation du conseil 5.1 Modification des conditions de servitude du 170, rue Prince William aux fins d'utilit6 publique — Ecole secondaire Saint John High School (recommandation figurant au rapport) 5.2 Convention de consentement relative a 1'empi6tement propos6 de la soci6t6 Maritimes and Northeast Pipeline a la ligne d'embranchement tridirectionnelle de la soci6t6 Irving Pulp and Tissue, situ6 rue Mill du comt6 de Saint John de la province du Nouveau - Brunswick (recommandation figurant au rapport) 5.3 Bail n° 222 (Lower Cove Loop) — Administration portuaire de Saint John (recommandation figurant au rapport) 5.4 R6sum& des r6unions du conseil d'administration et du comit6 permanent de la 176d6ration canadienne des municipalit6s, qui se sont d6roul6es du 4 au 7 septembre 2013 a St. John's (Terre - Neuve -et- Labrador) (recommandation accept6e a titre informatif) 5.5 D6molition du centre communautaire du chemin Loch Lomond — Recommandation visant 1'attribution de la demande de propositions de prix (recommandation figurant au rapport) 5.6 Uptown Saint John — Demande en vue de faire une pr6sentation devant le conseil (recommandation : transmettre au greffier pour qu'une date de pr6sentation soit fix6e) 5.7 Lettre de B. Warr visant la reconnaissance de la famille Irving (recommandation accept6e a titre informatif) 5.8 Lettre de P. Ram visant le comit6 consultatif sur les taxis (recommandation : transmettre au comit6 des candidatures) 5.9 Lettre de H. Sauerteig visant le Comit6 consultatif de 1'Organisme de gestion des services d'urgence de Saint John (recommandation accept6e a titre informatif) 5.10 Prolongation du d6lai d'installation de la sculpture 225 (Shards of Time) (recommandation figurant au rapport) 6. Commentaires presentes par les membres 7. Proclamation 7.1 Mois de la vision oculaire chez les enfants — Octobre 2013 8. Delegations et presentations 9. Audiences publiques a 18 h 30 9.1 Projet de modification de 1'arret6 visant a fermer et a barrer les trongons suivants : le quai South Market, la rue Ward et le quai Peters 10. Etude des arret6s municipaux 10.1 Troisi&me lecture — Arret6 sur la fermeture des 6tablissements de vente au detail de la ville de Saint John 10.2 Pr6sentation publique sur le projet de modification du plan municipal relatif au 1006, chemin Latimore Lake 11. Interventions des membres du conseil 11.1 Commandite de Saint John Midget Vito's (mairesse suppl6ante Rinehart) 11.2 Financement collaboratif pour les projets d'infrastructures municipales (conseiller Norton) 11.3 Seances bimensuelles du conseil (conseiller Strowbridge) 12. Affaires municipales 6voqu6es par les fonctionnaires municipaux 12.1 Remplacement du mur- rideau de la passerelle de Chipman Hill — Recommandation pour Pattribution de la soumission 12.2 Revitalisation du Centre communautaire C.E. Nicolle — Recommandation pour Pattribution du contrat de construction de la phase 1 12.3 Commentaires present6s par les membres sur Pordre du jour du conseil 12.4 Pr6paration du budget de 2014 13. Rapports d6pos6s par les comit6s 13.1 Service de police de Saint John : Resultats financiers d'aout 2013 14. Etude des sujets 6cart6s des questions soumises a Papprobation du conseil 15. Correspondance g6n6rale 16. Ordre du jour suppl6mentaire 16.1 Renonciation des conditions de vente des anciennes cours Freedom et Vimy a Vimy Estates Inc. pour Pam6nagement d'un immeuble d'habitations pour personnes ag6es 16.2 Droit de cite (maire Norton) 16.3 Mise d jour des priorit6s (maire Norton) 16.4 Semaine de prevention des incendies — Du 6 au 12 octobre 2013 17. Comit6 pl6nier 18. Lev6e de la s6ance 97- COMMON COUNCIL /CONSEIL COMMUNAL SEPTEMBER 23, 2013/LE 23 SEPTEMBRE 2013 COMMON COUNCIL MEETING — THE CITY OF SAINT JOHN CITY HALL — SEPTEMBER 23, 2013 - 6:00 P.M. Present: Mel Norton, Mayor and Councillors Fullerton, Lowe, MacKenzie, McAlary, Merrithew, Norton, and Strowbridge - and - P. Woods, City Manager; J. Nugent, City Solicitor; C.Graham, Finance and Treasurer; W. Edwards, Commissioner of Transportation and Environment Services; N. Jacobsen, Commissioner Strategic Services; G. Doucet, Sergeant -at -Arms; J. Armstrong, Deputy Fire Chief; J. Taylor, Common Clerk; P. Anglin, Acting Deputy Common Clerk. Regrets: Deputy Mayor Rinehart, Councillors Farren and Reardon Call To Order — Prayer Mayor Norton called the meeting to order and Major Danny Pinkson offered the opening prayer. 2. Approval of Minutes 2.1 Minutes Common Council September 9, 2013 On motion of Councillor MacKenzie Seconded by Councillor McAlary RESOLVED that the minutes of the meeting of Common Council, held on September 9, 2013, be approved. Question being taken, the motion was carried. 3. Approval of Agenda On motion of Councillor Strowbridge Seconded by Councillor McAlary RESOLVED that the agenda of this meeting with the addition if items 16.1 Amendment to Sunday Shopping By -Law (By -Law Number M- 32); 17.1 Committee of the Whole: Authorization under the Community Planning Act to Issue Orders; and 17.2 Committee of the Whole: Investigative Solutions Network Funding Approval, be approved. Question being taken, the motion was carried. 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 That as recommended by the City Manager in the submitted report Influenza Vaccines to Employees, the City of Saint John enter into a contract with the Victorian Order of Nurses for Canada — Eastern Region (VON) to administer influenza vaccines to its employees, and that the City Solicitor be directed to prepare all necessary documents and the Mayor and Common Clerk be authorized to sign all related documents. 5.2 That the report M &C 2013 -200: Compensatory Storage Guideline for Flood Risk Area this report be received for information. 5.3 That the request to meet with the Committee of the Whole from the Saint John Hotel Association be referred to the Common Clerk for scheduling in Committee of the Whole. 5.4 That the Cherry Brook Zoo 2014 Budget and request to present be referred to the 2014 Budget Process. 97- COMMON COUNCIL /CONSEIL COMMUNAL SEPTEMBER 23, 2013/LE 23 SEPTEMBRE 2013 5.5 That as recommended by the City Manager in the submitted report M &C 2013- 202: Sale of Freedom and Vimy Courts to Vimy Estates Inc. for Development of Senior Apartment Complex: 1. The City of Saint John enter into an Agreement of Purchase and Sale in the form as attached to this M & C #2013 -202 for the sale of two parcels of land (formerly Vimy and Freedom Courts), identified as being PID numbers 55221352 and 55221543, comprising a combined total area of 1,339 square metres ±, and; 2. That the Mayor and Common Clerk be authorized to execute any document(s) necessary to finalize this transaction. On motion of Councillor McAlary Seconded by Councillor Strowbridge RESOLVED that the recommendation set out for each consent agenda item respectively be adopted. Question being taken, the motion was carried. 6. Members Comments Council members commented on various community events. 7. Proclamation 8. Delegations /Presentations 9. Public Hearings 7:00 P.M. 10. Consideration of By -laws 11. Submissions by Council Members 11.1 Member's Comments (Councillor MacKenzie) On motion of Councillor MacKenzie Seconded by Councillor Merrithew RESOLVED that Council direct the City Manager to report back concerning the best practices and intent of member's comments and length of time allowed to each councillor for making comments. Question being taken, the motion was carried. 11.2 Sunday Shopping Motion On motion of Councillor McAlary Seconded by Councillor Strowbridge RESOLVED that the tabled matter be lifted. Question being taken, the motion was carried. On motion of Councillor McAlary Seconded by Councillor Lowe RESOLVED that motion moved by Councillor McAlary and seconded by Councillor Lowe to maintain the Sunday shopping hours of 12:00pm to 5:00pm be withdrawn. Question being taken, the motion was carried. 16.1 Amendment to Sunday Shopping By -law (By -law Number M -32) On motion of Councillor Norton Seconded by Councillor MacKenzie RESOLVED that the submission from Councillor Norton, Amendment to Sunday Shopping By -law (By -law Number M -32), be referred to the City Manager to prepare a draft by -law on Sunday Shopping to reflect that the hours of Sunday Shopping are to be at the discretion of the retail owners. 3 97- COMMON COUNCIL /CONSEIL COMMUNAL SEPTEMBER 23, 2013/LE 23 SEPTEMBRE 2013 Question being taken, the motion was carried. 12. Business Matters - Municipal Officers 12.1 Provincially Designated Highways Proposed Five -Year Capital Improvement Program (2014 -2018) On motion of Councillor McAlary Seconded by Councillor MacKenzie RESOLVED that as recommended by the City Manager in the submitted report M &C 2013 -201: Provincially Designated Highways Proposed Five -Year Capital Improvement Program (2014 -2018) Council: 1. Adopt the submitted Provincially Designated Highways Five -Year Capital Improvements Program for the years 2014 -2018, and; 2. Authorize the Mayor to submit the proposed Provincially Designated Highways Five Year Capital Improvements Program for the years 2014 -2018 to the Minister with copies to the Director of Design and the District Engineer for the New Brunswick Department of Transportation. Question being taken, the motion was carried. 13. Committee Reports 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 15.1 City of Saint John Retirees Association On motion of Councillor McAlary Seconded by Councillor Merrithew RESOLVED that the letter from the City of Saint John Retirees Association regarding having a retiree appointed to the Pension Board be received for information. Question being taken, the motion was carried with Councillors Fullerton and Norton voting nay. 16. Supplemental Agenda 17. Committee of the Whole 17.1 Authorization under the Community Planning Act to issue Orders On motion of Councillor Fullerton Seconded by Councillor MacKenzie RESOLVED that as recommended by Committee of the Whole having met on September 23, 2013, Ms. Amy Poffenroth in her capacity as Building Inspector of the City of Saint John is hereby authorized to issue those Orders provided for by section 93 of the Community Planning Act in the course of enforcing a provision of the Act, a by -law regulation thereunder or terms and conditions imposed pursuant thereto. Question being taken, the motion was carried. 17.2 Investigative Solutions Network Progress Report and Funding Approval On motion of Councillor MacKenzie Seconded by Councillor Strowbridge RESOLVED that as recommended by the Committee of the Whole, having met on September 23, 2013, in accordance with Schedule 1 of the contract between the City and Investigative Solutions Network that the expenditure of a further sum of $100,000 inclusive of HST be approved and that ISN can continue with the Work and Deliverables as set out in the contract. 11 97- COMMON COUNCIL /CONSEIL COMMUNAL SEPTEMBER 23, 2013/LE 23 SEPTEMBRE 2013 Question being taken, the motion was carried with Councillors Fullerton and McAlary voting nay. 18. Adjournment On motion of Councillor McAlary Seconded by Councillor Strowbridge RESOLVED that the Common Council meeting of September 23, 2013 be adjourned. Question being taken, the motion was carried. The Mayor declared the meeting adjourned at 6:20 p.m. Mayor / maire Common Clerk / greffier communal 5 DEPORT TO COMMON COUNCIL M & C — 2013 -215 October 7, 2013 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: Amendment to Terms for an Easement for Public Utilities 170 Prince William Street — Saint John High School BACKGROUND: Common Council at its meeting on December 10, 2012 adopted a resolution (M &C 42012 -296) to accept a Grant of Easement from the Province of New Brunswick for an above - ground cabinet for public utilities on the Saint John High School lands at 170 Prince William Street. The work has now been completed. The Province is now ready to convey the necessary land rights. City of Saint John It has been brought to the attention of City staff that there is a monetary consideration of $1,770.00 (plus HST if applicable) payable to the Province for the aforementioned easement. This had been overlooked by staff when the report was considered by Council in December of 2012. The following recommendation will amend Council's resolution of December 10, 2012 to reflect the compensation to be paid to the Province. RECOMMENDATION: That the Common Council resolution adopted December 10, 2012 regarding the acquisition of an easement for public utilities, located at civic #170 Prince William Street (known as Saint John High School), be amended by adding the following words, "and that compensation for the aforementioned easement be paid to the Province of New Brunswick in an amount of $1,770.00 (plus HST if applicable)" immediately after "PID #6098 ". Respectfully submitted, R urtis Langille, BA „17 Brian Irving, BBA Real Estate Officer ( Manager Real state re 'IT eo s, CGA, MBA trick Woods, CGA Commissione V Manager Finance and Administrative Services SCMDULE— 'A" 7 tt ll Z�SLRS 6 m Ncg z � b q a I�7 Mpg 91 RE- So s �9 i 09 1 o= �"VZ m- 6 U. m° Q N pill n�R�n � �nr 0 8 g yy � AM, A c 0 " az� 7 REPORT TO COMMON COUNCIL M &C2013 -216 September 30, 2013 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Council: The City of Saint john SUBJECT:. Consent Agreement for proposed Encroachment of Maritimes & Northeast Pipeline Irving Pulp and Tissue "spur line" at the tee, Mill St., in the County of St. John, in the Province of New Brunswick BACKGROUND A sanitary sewer installation, part of Harbour Cleanup Project from Lift Station #31 at Mill Street to Harding Street, will cross the Maritimes & Northeast Pipeline's (Maritimes & Northeast) natural gas pipeline, located at "tee" on Mill Street in Saint John, NB. Maritimes & Northeast have reviewed the City's design drawing and have no objection to the encroachment. A Consent Agreement is required. Maritimes & Northeast have delivered to the City the required Agreement. The Legal Department has reviewed the agreement and has no concerns or objections. The purpose of this report is to present the Agreement to Common Council for its consideration. RECOMMENDATION That the City of Saint John enter into the Consent Agreement with Maritimes & Northeast Pipeline Limited Partnership, by its General Partner, Maritimes & Northeast Pipeline Management Ltd. / Maritimes & Northeast Pipeline attached to M &C 2013 -216 and that the Mayor and Common Clerk execute the said agreement. Respectfully submitted, iI John Campbell, P. ng. Municipal Engineer V�m. Erds P. Commissioner Transportation and Environment 1* Y C, 1` Brian Keenan, P. Eng. Engineering Manager t L2g7z�, atrick Woods, CGA City Manager T September 17, 2013 John Campbell, P. Eng. Project Engineer Municipal Operations and Engineering City of Saint John P.O. Box 1971 Saint John, New Brunswick E2L 4L1 SUBJECT: Consent Agreement for your proposed Encroachment of Maritimes & Northeast pipeline Irving Pulp and Tissue "spur line" at the tee, Mill St., in the County of St. John, in the Province of New Brunswick Maritimes & Northeast Pipeline "The Company" has reviewed the proposed Encroachment and will consent to it. In consideration of the Company consenting to the Encroachment, we ask that you agree to the following conditions precedent; 1. That you will comply with the general conditions for consent in Schedule "A ", attached hereto; 2. That you and your contractor will install the Encroachment strictly in the manner described in the Company's Transmission Guideline TG -IOC, attached hereto; 3. That the Encroachment will be designed and constructed strictly in accordance with your M031 -003 Plan Profile, Mill Street Sanitary Lift Station #31; approved by the Company attached as hereto; 4. That the Encroachment will be completed within one (l) year of the date of this letter, otherwise this consent will terminate and a new application will be required. 5. That as per Schedule "A ", Section 5, Encroacher shall submit certificates or other evidence of such current insurance to the Company prior to any work commencing for the Encroachment. Please sign and return all four (4) copies of the agreement, including the four (4) copies of the enclosed drawing and schedules. We will subsequently sign the copies of the agreement and will return two (2) for your use. Please ensure that a copy is sent to the persons who will be performing this work and that it is available "on- site ". Installation of the Encroachment can then proceed after giving a minimum of three (3) business days advance notice to Andrew LangiIle at 506 461 5681 or our Maritimes & Northeast Pipeline call centre at 1 888 444 6677. This Encroachment Agreement and Schedule "A ", TG -10C and any attachments constitute the entire Encroachment Agreement between the Company and the Encroacher and any change or alteration hereof shall be made in writing between the parties. 9 Fours very truly, Andrew Langille, M.Sc., P.Geo. Lands, Public Awareness and Emergency Planning Coordinator Read and agreed to at Saint John, New Brunswick, this day of , 2013. ENCROACHER: THE CITY OF SAINT .JOHN Mayor Common Clerk Common Council Resolution: .2013 10 SCHEDULE `A' General Conditions for Encroachment Consent 1. In this agreement: (a) the term "Encroacher" refers to the person(s) who will own, operate and maintain the Facility; (b) the term "Contractor" means the person(s) who constructs and installs the Facility; (c) the terra "Facility" refers to the works of the Encroacher as described in the covering letter- agreement to this Schedule; (d) the terra " Encroachment" refers to the Encroachment of the Company's pipeline(s) by the Facility at the location described in the covering letter - agreement to this Schedule. 2, The Company consents to the Encroachment to the extent that it has the right to do so and the Encroacher shall be responsible for obtaining all other applicable approvals, permits, orders and permissions required to construct and install the Facility. 3. Encroacher agrees to comply with all applicable rules, orders, regulations, codes and guidelines of any competent government body or organization affecting the design, installation, construction and operation of the Facility. 4. Encroacher agrees to indemnify and save harmless the Company against any claims, demands, actions, suits, proceedings, damages, injuries (including injuries resulting in death) that may arise as a result of the construction, installation and operation of the Facility. 5. In connection with Clause 4, above, Encroacher, or Contractor, at its own expense shall carry and keep in frill force and effect; (a) Comprehensive General Liability insurance with an inclusive limit for personal injury and property damage of Five Million dollars ($5,000,000,00, and; (b) Automobile Liability Insurance ( "owned" and "non- owned ") with an inclusive limit for bodily injury (including passengers) and property damage of One Million dollars ($1,000,000.00). Encroacher shall submit certificates or other evidence of such insurance to the Company prior to any work commencing for the Encroachment. 6. Encroacher agrees to personally perform the installation and construction of the Facility or else to closely supervise its installation and construction by a duly qualified contractor(s) and to ensure that said contractor(s) complies with all terms and conditions of this agreement. 11 7. The Encroacher shall pay forthwith upon presentation of an invoice by the Company, all reasonable casts incurred by the Company for: (a) Review, approval and inspection of the Encroachment; (b) Reinforcing, modifying or relocating the Company's pipeline(s) to accommodate the installation of Encroacher's Facility or the maintenance and repair of its Facility; (c) Any reasonable incremental costs inured by the Company in the operation, maintenance, replacement and repair of its pipeline(s) which are caused by the Encroachment. 8. The terms and conditions of this consent shall apply to the construction and installation of the Facility and any future maintenance work that may be required. 9. This consent is for the Facility only as approved by the Company and any additional worts or facilities proposed by the Encroacher shall be the subject of a separate agreement. 10. Encroacher hereby agrees and acknowledges that its rights in the Encroachment are subordinate to the easement agreement(s) of the Company that have been registered or obtained prior to this date and Encroacher shall cooperate with all reasonable requests made by the Company related to the operation, maintenance and repair of the Company's pipeline(s) within the easement(s). 11. In the case of default by the Encroacher to carry out any of the provisions of this agreement or if the condition of Encroacher's Facility has deteriorated and adversely affects the operation of the Company's pipeline(s), the Company may give written notice thereof. If the Encroacher fails to take all reasonable steps to remedy the default or the deterioration of the Facility within fifteen (15) days after receipt of the written notice by the Company, the Company may take such steps necessary to remedy the default or deterioration and Encroacher shall be liable for and shall pay forthwith all reasonable costs incurred by the Company in this regard. 12. All notices required to be given hereunder shall be delivered by registered mail or facsimile to the addresses shown on the covering letter - agreement and shall be deemed to be received on the fifth (5'h) day following mailing thereof or upon confirmation of facsimile transmission. 13. This agreement shall be governed in accordance with the laws of the province in which the Encroachment is situated. 14. Neither party to this agreement shall assign or transfer their rights and obligations hereunder to a third party without first obtaining the written consent of the other party. 12 15. The rights and obligations of the parties hereto shall terminate upon the earlier of: (a) two (2) years from the date hereof if the Encroacher has not completed the construction and installation of the Facility and restoration of the lands affected by the Encroachment; or (b) upon the proper abandonment or removal of the Facility and restoration of the lands to a condition acceptable to the Company and the owner of the property where the Encroachment is situated. 16. If any part of this agreement shall become null and void by virtue of law or governmental regulation, it shall be severed from the agreement, but the remaining terms and conditions shall remain in full force and effect. 13 Trunsmission Guidelines Spectra Energy Transmission Technical Manual Guideline Name. Requirements, for Construction Guideline Number: TG-010 Near Company Pipelines Date: 0211512013 , Page: 1 of 18 1.0 PURPOSE This guideline presents the requirements for construction activities in the vicinity of Spectra Energy's pipeline(s) or pipeline right - of -way and the movement of vehicles or mobile equipment within or across the .right -of -way by parties other than Spectra Energy (herein referred to as the Company). These requirements are general in nature whereby specific circumstances may necessitate special considerations. `1'he following areas are addressed. 1.0 Purpose 2.0 Pre- Construction Approvals and notifications 3.0 Site Visits To locate Facilities 4.0 items to be Provided for Review Process 5.0 General Requirements 6.0 Excavation 7.0 Blasting 8.0 Facility Crossings If any of the conditions stated in this document can not be satisfied, the Company representative shall be advised immediately. © COPYIUCHT SPECTRA FNF.RGY CORP2007 ALL RICFlTS RFS•ERVI�D REPRODUCTION OF ANY PORTION IS STRICTLY PROITISITED 14 Spectra Energy Transmission Transmission Guidelines Technical Manual Guideline Name: Requirentenis for Construction Guideline Number: TG-010 Near Company Pipelines Date: 42/1512013 Page: 2 of 1$ 2.0 PRE - CONSTRUCTION APPROVALS AND NOTIFICATIONS 2.1 Activities Requiring Company Approval Prior to commencing work, the encroaching party shall obtain the Company's permission for any proposed excavation, construction or temporary crossing upon, along, over, under or across the Company's pipeline(s) or pipeline right -of -way as described below. + Crossings with anything larger than a standard passenger vehicle or mobile equipment outside the traveled portion of a highway or public road. 0 Construction of a facility such as: ■ New permanent buried facilities - water, gas, oil, sewer, electrical, fiber optic, drains, etc. ■ New permanent aboveground facilities -- power, telecommunication, cable tv, etc. ■ New road or railroad installations or improvements ■ New developments, grade changes, structures, parking areas, ditches, etc. ■ Minor excavation activities - fences, trees, facility maintenance, etc. + Excavation using explosives or power- operated (mechanical) equipment within the Company's pipeline right -of -way. • Blasting activities (including seismic survey activities) in the vicinity of the Company's pipeline right -of -way (see Section 7.0) If the encroaching party is considering an activity which is not Q COPYRIGHT SPEfTRA ENERGY CORD 2OO7ALL RIGgTS RESERVED REPRODUCTION O.F ANY PORTION IS STRICTLY PROHIBITED 15 :5 Transmission Guidelines Spectra Energy Transmission TechniealManual Guideline Name: Requirements for Construction Guideline Number: TG -014 Near Company Pipelines Date: 02/15/2013 Page: 3 of 18 listed above, they should contact the Company representative to determine if their activity requires permission and subsequent approval. 2.2 ReqMest for Encroachment The encroaching party shall contact the Company to discuss details of the proposed construction or crossing activity and the information required for the Company's review. Copies of any proposed plans and /or drawings may be required for certain construction or encroachment activities within or directly affecting the Company's pipeline right -of -way and shall be submitted to the Company for review and approval at least 30 days prior to the commencement of work. 2.3 Company Response to Encroachment Requests The Company shall be given at least three (3) working days advance notice prior to the actual commencement of any construction, excavation or crossing activities over or near its pipeline right- -of -way so that the Company may locate its pipeline(s) and have a field representative present during these activities. Additional time for technical analysis may be needed for certain construction projects affecting the integrity of the Company's pipeline(s). The Company representative will make a determination of the complexity of the proposed activity and the level of Company approval required. (D COPYRIGHT SPE(,TNA ENERGY CORP 2007 AU RIGHTS RESERVED REp I?I) DuCTIONOFANYP ORTIONJSSTRJCTLYPROIf1WTED 16 Spectra Energy Transmission Transmission Guidelines echtucalMatival Guideline Name: Requirements for Construction Guideiine Number. TG -010 Near Company Pkelines Dale: 02115/2013 Page: 4 of 18 3 -4 SITE VISITS TO LOCATE FACILITIES 3.1 The Company considers it essential that landowners, builders, utility companies, developers and contractors know the location and depth of the Company's pipeline(s) and requires that the pipeline(s) be shown on any plans or drawings to be submitted for review. 3.2 If requested., the Company will field locate and mark its pipelines) at selected points in accordance with federal, state and /or local requirements at no cost to the encroaching party. However, if the Company representative requires the pipeline be located by excavation, the cost to excavate the pipeline and restore surface improvements (e.g., pavement, landscaping, and sidewalks) shall be the responsibility of the encroaching party. Note: A Company representative must be present during any excavation to expose the pipeline. During this period, accurate survey data of the Company's pipeline(s) may be requested by the Company. This data shall be obtained by a qualified surveyor provided by the encroaching party for the preparation of plan, section and profile drawings. 3.3 In addition to complying with the above requirements, the encroaching party shall comply with the provisions of all federal, state and /or local one -call regulations relating to excavation and demolition work in the vicinity of underground facilities. 0c0pYRIGIITSPECTRA ENERGY CORP2Qt1TALI. RIGHTSRI;SI;RVED REPRODUCTION OFANY PORTION IS 81 RICTLY PROHIBITFO 17 Spectra Energy Transmission Transmission Guidelines TecltnicallVlanual Guideline Name. Requirements for Construction Guideline Number: TG -010 Near Company Poelines Date: 02/:1512013 Page: 5 of 1$ 4.0 ITEMS TO BE PROVIDED FOR REVIEW PROCESS Simple residential driveways or utility crossings of the Company's pipeline right --of --way may not be subject to all of the requirements of this section. The Company will determine what information is required to be submitted for review on a case by case basis. At a minimum the following information shall be provided with a request to the Company to determine if equipment /vehicle crossings and associated construction activity can be approved. • a drawing or sketch showing the pipeline in relation to the proposed construction activity • excavation plan including the method of installation of all facility crossings • equipment description with weights and track /tire dimensions of any equipment /vehicles that may cross the Company's pipeline(s) during construction activity In addition, any construction activity that requires the submission of drawings to a permitting agency for construction adjacent to or encroaching on the Company's pipeline {s) or pipeline right -of -way Must include the information regarding Company facilities and pipeline right -of -way specified in this section. 4.1 Upon review of this specification and the incorporation of all applicable requirements, a complete set of design drawings showing existing conditions and proposed alterations shall be submitted to the Company for review. 4.2 Upon final approval from the Company, two (2) sets of the final {definitive} design drawings and an electronic copy shall be provided to the Company. o COPYRIGHT SPEctRA ENERGY CORP 2007 ALL RIGHT'S RESERVED R.L'PRODUCTTONOFAhYPORVONIS92TI TLYPROHIBITED 18 Spectra Energy Transmission rbm Transmission Gutdeltnes Technical Manual Guideline Naive: Requii'Pii eats for Construction GuideCiae Number: TG -010 Near Company Pipelines Date: 02/15 /2013 Pages 6 of 18 4.3 The Company's pipeline s) and pipeline right -of -way limits shall be accurately shown on all drawings. Upon 72 hours advance notice, Company personnel will locate and marls the location of the Company's pipelines). The encroaching party's survey crew can then accurately locate the facility by a field survey. 4.4 The encroaching party's survey crew will be responsible for laying out the proposed facility in the field and locating the Company's facility horizontally and vertically, accurately representing it in the plan and profile views on the drawing(s). The Company's Region Technical Staff will evaluate field data to determine whether additional design requirements are necessary for areas of proposed equipment /vehicular travel. ® Cop YRICRT SPECTRA - FNFROY CDRP 2007AI.L RIGHYS RESERVED REPRODUCTION OF ANY PORTION ISSTRICTLY PROHIBITED 19 Spectra Energy Transmission Transmission Guidelines p Techlrical Manual Guideline Name: RequiremenfS fOr ConsfrUefion Guideline Plumber: TG-010 Near Company Pipelines Date: 02/15/2013 Page= 7 nr 18 5.0 GENERAL REQUIREMENTS 5.1 No buildings, structures or other obstructions may be erected within, above or below the Company's pipeline right -of -way. if requested, the Company will furnish pipeline easement information which describes the pipeline right -of -way width. 5.2 Wire type, stockade, decorative and similar type fencing that can be easily removed and replaced may cross the Company's pipeline right -of -way at or near right angles. Fences crossing the Company's pipeline right -of -way must have a minimum 10 foot wide gate for access. No fence shall be allowed within the Company's pipeline right -of- way parallel to the Company's pipeline(s). 5.3 Planting of trees is not permitted on the Company's pipeline right- of---way. The Company may side trim trees that overhang across the Company's pipeline right -of -way to e3iminate obstruction of right -of -way visibility from the ground or air. 5.4 Planting of shrubs, bushes or other plants associated with landscaping on the Company's pipeline right -of -way is subject to Company approval and shall not exceed 5 feet in height at maturity. Shrubs, bushes or other plants shall not be installed within 10 feet of the Company's pipeline(s). The Company will not be responsible for the cost of replacing any landscaping damaged, destroyed or disturbed due to maintenance activities on the Company's pipeline right -of -way. 5.5 No drainage swales and no reductions in grade are permitted on the Company's pipeline right -of -way. cOPYRIGnrSPBCTR4 ENERGY CORP 2007ALL RIGMT -S Ra,"VED REPRODUCTION OFANY PORTION IS STRICMYPROIIYBITRA 20 �, Transmission Guidelines Spectra ��`'�'`��SYri151Q� V, TeclnicaiManual Guideline Name: Requirements for Construction Guideline Number: TG -Old Near Company Pipelines Date: 02/15120I3 Page; $ of 1$ Limited additional fill may be deposited with prior written approval from the Company. Proposed landscaping grades shall provide for 3 foot minimum cover over the Company's pipeline(s). The Company shall determine the maximum cover allowed over a Company pipeline(s) based on pipeline specifications and local conditions, including such issues as soil types. Proposed landscaping grades shall not exceed the Company's maximum allowable slope of 4:1 longitudinal with the pipeline and /or 8:1 cross - slope. The Company reserves the right to modify these cover /grade requirements if deemed necessary. Proposed grades shall not restrict Company access to its right -of -way or cause ponding of surface water on the Company's pipeline right - of -way. Proposed grades shall not redirect the flow of water on to the Company's pipeline right -of -way or generate any amount of erosion on or near the Company's pipeline right -of -way. 5.6 A Company representative shall give prior approval for equipment /vehicles to cross the Company's pipelines) at any location. Maximum and minimum depths of cover for all areas of equipment /vehicular travel (e.g., highways, roads, railroads, construction access, driveways, parking lots, etc.) will be determined by the Company and federal, state and /or local requirements. For this purpose, cover can be defined as the distance from the top of the pipeline to the finished grade. Mitigative methods where the cover is insufficient will be determined on a case by u COPYRIGHT SPEe7z4 ENERGY CogP2007ALL RIGOU RFSiRV,E0 PXF.RODUCTION OFANY PORTIONLESTRICTLYPROHIBnTD 21 Transmission Guidelines Spectra Energy Transmission Techr:icnlMrrnre�r Guideline Name: Ret uirements for Construction Guideline Number. TG-010 Near Company Pipelines Date; 02/M2013 Page. 9 of 18 case basis. Additional cover, construction mats, or temporary structural spans shall be installed for the protection of the Company's pipeline(s) at the point where equipment /vehicles will be crossing unless approval to cross without protection is specifically granted by the Company. Installation and maintenance of the crossing shall be the responsibility of the encroaching party. The Company will provide specifications for the crossing of pipeline facilities. 5.7 Test pits are used to supply the encroaching party with accurate elevations of the Company's pipeline(s) and to determine the quality of the fill material around the pipeline(s). At the discretion of the Company, test pits may be required in areas where equipment /vehicle crossings and /or, facility crossings are proposed. For additional information on test pits reference Sections 6.2 and 6.3. 5.8 Parking areas should be planned so as to avoid covering the Company's pipeline right --of -way if possible. 5.9 No roads, pipelines, cables or utilities may be installed parallel to the Company's pipeline(s) within the Company's pipeline right -of -way. 5.10 All pipelines, roads, electrical cables and other utilities shall cross the Company's pipeline right -of -way at an angle at or near right angles, if practical. 5.11 if, in the judgment of the Company, the proposed facility necessitates the installation of casing pipe and /or other 0 C017YRIGHr SPECTRA ENERGYCORP 2007ALL RIGHT'S RESERVED REPRODUCTION OFANYPORT10NISSTRICTLYPRO Rl -BfTED 22 Spectra Energy Transmission ?Transmission Guidelines Tecladcal Manual Guideline Name: Requirements for Construction Guideline Number: TG-010 Near Company Pipelines Date: 02/15/2013 Page: 10 of 18 alterations to protect the Company's pipeline (s) , the encroaching party will be required to execute a reimbursement agreement. The encroaching party will be required to pay the Company all or a percentage of the estimated cost of these alterations prior to the Company beginning any construction activity. Once the actual costs have.been incurred and tabulated by the Company, cost variances shall_ be settled. 5.12 At the discretion of the Company, concrete slabs or other protective devices may be installed over the Company's pipeline(s) to provide protection. Design and installation drawings for the concrete slab /device will be provided to the encroaching party upon request. 5.13 All design standards mandated by federal, state and /or local government agencies shall be satisfied and a letter stating such shall be submitted to the Company prior to receiving final approval of the encroaching party's project. C COPYRICHT.SPECTRA ENERGY CORP 1007ALL RIGHTS RESERYF_I) REPROD CTIONOFANYPORTIONISSTR IC7LYPROHIBUEA 23 Transmissi ©n Guidelines Spectra Energy Transmission Teehnical Manual Guideline Name: Requirements for Construction Guideline Number: TG -01O Near Company Pipelines Date: 02/15/2013 page: 11 of is 6.0 EXCAVATION Excavation operations shall be performed in accordance with the guidelines set forth below. 6.1 No excavation, crossing, backfilling or construction operations near the Company's pipelines) or pipeline right -of -way shall be performed unless the Company representative is on site. The Company representative shall have full authority to stop the work if it is determined that the work is being performed in an unsafe manner or if a foreign object is spotted. 6.2 During the period of April 15 - November 1 test pits may be performed by the encroaching party provided Company personnel are present. Test pits can be scheduled by contacting the applicable Company representative. The Company will make every effort to accommodate the encroaching party's schedule for excavation of test pits. Such scheduling however, is subject to availability of Company personnel, weather, field operating conditions, etc. 6.3 During the period of November 1 - April 15 test pit excavation of the pipeline by means of mechanical equipment is not allowed. In instances where the encroaching party must expedite the design process, pipeline elevations may be obtained, depending on field conditions, by hand digging or soft digging equipment. The encroaching party must contact the applicable Company representative to coordinate these activities. 6.4 Excavation shall not be permitted within the Company's C COPYRIGHT SPECTRA ENERGY C0RP2007ALL RIGHTSRESERVFD REPRODUCTION OF ANY PORTION IS STRICTLY PROHIBITED 24 Spectra Energy Transmission Transmission Guidelines _ Technical Manual Guideline Name: Requirements for Construction Guideline Number: TG-010 NVe4ar Company Pipelines Date: 02/15/2013 Page: 12 of is pipeline right -of -way until an excavation plan has been reviewed and approved by the Company representative. The excavation plan may be a written document or a verbal discussion with the Company representative. At a minimum, the excavation plan shall include but not be limited to the following: • Backhoe set -up position in relationship to the pipeline • Need for benching to level backhoe • Required excavation depth and length • Sloping and shoring requirements • Ingress /egress ramp locations • Minimum clearance requirements for :mechanical equipment • Pipeline location and depth • Verify bar has been welded onto backhoe bucket teeth and side cutters have been removed • -Spoil pile location • Compliance with applicable OSHA regulations 6.5 The use of mechanical equipment in the vicinity of the Company's pipelines) shall be directed by the Company representative in accordance with Company procedures and applicable one -call regulations. The tolerance zone for excavations using mechanical equipment is 18 inches (unless otherwise required by state law) ntil the pipeline is visually located. Hand tools or soft dig equipment shall be used to complete the final excavation of the pipeline inside the "restricted" mechanical equipment limits of the excavation. Cd COPYRIGMT SPECTRA E VER GY CORP 2007 AU RIGHTS RESERVED REPRODUCTION OF ANY PORTION IS STRICTLY PROHIBITED 25 Spectra Energy Transmission Transmission Guidelines 7'echairal l]fa�rlial Guideline Name: Requirements for Construction Guideline Number: TG -010 - - Near Company Pipelines Date: 02/15/2013 Page: 13 of 18 6.6 The use of a trenchless excavation method (i.e., bored crossings) shall be employed in such a way as to ensure a minimum radial clearance required by applicable standards is obtained between the new facility and the Company's pipeline(s). 6.7 Federal regulations require that the Company's pipeline(s) be inspected whenever it is exposed. Applicable OSHA regulations pertaining to excavations must therefore be met to ensure the safety of the Company representative who must enter the excavation. Furthermore ample time should be provided to allow the Company to perform relevant inspections prior to proceeding with backfill operations. ® cOPYRICrHT SPECTRA ENERGY CORP 2007 ALL RIGHTS RF.SF.RVED REPRODUCTION OFANY PORTION IS ST RIi:TLY PROHIBITED 26 Spectre Energy Transmission Trans�n&sion Guidelines Technical Manual Guideline Name: Requirements for Construction Guideline Number; TG -010 Near Company Pipelines date: 02/15/2013 Page: 14 of 18 7.0 BLASTING Blasting operations shall be performed in accordance with the minimum guidelines set forth below. 7.1 The Company shall be advised of any blasting proposed within 200 feet of the Company's pipeline(s) and 500 feet for large scale quarry -type blasting. No blasting is permitted within the Company's pipeline right -of- -way, and no blasting shall occur outside the Company's pipeline right -of -way if the Company determines that such blasting may be detrimental to its facilities. 7.2 The Company reserves the right to require that the party responsible for blasting furnish a detailed blasting plan at least three (3) working days prior to blasting to allow for evaluation and to make arrangements for a Company representative to witness the blasting operation, including drilling and loading holes. Applicable blasting codes shall be followed in all cases. 0 C'OPYRFCHT SPECTRA .ENERGY CORP 20V ALI. RIGHTS RESERVED REPRODUCTION OFANYPORTFON IS.SrRICTLY PR6RjBITED 27 Transmission Guidelines Spectra Energy Transmission Technical Manual Guideline Name: Requirements for Construction Guideline Number: TG -010 Near Company Pipelines Date: 02/15/2013 Page: 15 of 18 8.0 FACILITY CROSSINGS All buried facilities shall be installed as noted below and as stated in Sections 5.9 and 5.10, as appropriate. 8.1 Buried facilities shall be installed below the Company's pipeline(s). The Company requires a minimum of 12 inches of clearance however in some situations this may need to be increased (e.g., bored crossings). Additional separation may be required in marshy areas or other areas where insufficient clearance would have a potential to cause future problems. 8.2 if the normal crossing requirements present undue difficulties as determined by the Company, buried facilities may be installed above the Company's pipeline(s) with prior approval from the Company representative. All such facilities shall be installed with a minimum of 12 inches of clearance. The Company will not be responsible for any damage or required repairs which are caused by the Company's operating and maintenance activities when facilities are installed above the pipeline(s). Protective measures such as a concrete encasement, ditch marking tape, and/ or above ground markers may be required as deemed necessary by the Company representative. 8.3 Suitable backfill shall be placed between the facility and the Company's pipeline(s). Suitable backfill is backfill free of rocks, refuse and any foreign material including, but not limited to, skids, welding rods, pipe rings, trash, tree and shrubbery limbs. in the case of anticipated crossing by equipment /vehicles the encroaching party shall provide specific material and 0 COPYRIGHT SPECTR4 ENERGY CORP 2W ALL RIGHTS RESER YE0 REPRODUCTION OFANPPORTION LSSTRICTLYPROHIBITED 28 Spectra Energy Transmission Transmission Guidelines Technical Manual Guideline Name: Requirements for Construction Guideline Number: TG-010 _r NearC4m pQIZ,J1 Pipelines Date: 02/15/2013 Page: 16 of 18 compaction specifications (AASHO or equivalent) for review by the Company. 8.4 The installation of test leads (two No. 10 THWN black insulated copper wires) attached at the point of crossing for corrosion control monitoring may be required for metallic lines as directed by the Company representative. Test wires shall be routed underground and terminated at a point specified by the Company. 8.5 The following requirements shall be met for fiber optic cables which encroach upon the Company's pipeline right - of -way. 8.5.1 High capacity fiber optic cable shall be installed in a rigid non - metallic conduit or covered in 6 -8 inches of concrete which has been colored with an orange dye extending across the entire pipeline right --of -way. other protective measures may be considered for non -high capacity cables. 8,5.2 The fiber optic cable •shall be installed a minimum of 12 inches below the Company's pipeline(s) across the entire width of the pipeline right -of -way, unless approved by the Company representative. 8.5.3 Orange warning tape shall be buried a minimum of 18 inches directly above the fiber optic cable across the entire width of the Company's pipeline right -of- way, where practical. 8.5.4 The fiber optic cable crossing shall be clearly and permanently marked with .identification signs on both CopyNIGHT &ECTAA ENERGY CoRP 2007ALL RIGHTS RESERVED REPRODUCTION OFANY PORTION IS STRICTLY PRORIMED 29 Transmission Guidelines Spectra Energy Transmission Technical Manual Guideline Name: Requirements for Construction Guideline Number: TG-010 Near Co any Pipelines Date: 02/15/2013 Page: 17 of 18 sides of the Company's pipeline right -of -way. Markings shall be maintained by the encroaching party for the lifetime of the facility. 8.6 The information listed below shall be furnished to the Company for all proposed electrical cables which will encroach upon the Company's pipeline right -of -way. • Number, spacing and voltage of cables • Vine loading and phase relationship of cables • Grounding system • Position of cables and load facilities relative to pipeline(s) 8.7 Specific installation requirements for cables carrying Less than 600 volts shall be determined by the Company on a case by case basis. 8.8 The following installation requirements shall be met for buried electrical cables carrying over 600 volts but less than 7,600 volts. The Company's Region Technical Staff will determine the installation procedures for buried electrical lines carrying voltages over 7,600 volts on a case by case basis. 8.8.1 The electrical cable shall be installed in a rigid non - metallic conduit covered in a minimum thickness of 2 inches of concrete which has been colored with a red dye extending across the entire width of the Company's pipeline right -of -way. 8.8.2 The electrical cable shall be installed a minimum of (Q COpyRISITT SPECTRA ENEROYCORP2007 ALL RIGHTS RESERVED REPRODUCTION OFAVy pORTIONIS STRICTLY PROHIBITED 30 Spectra Energy Transmission Transmission Guidelines Technical Manual Guideline Name: Requirements for Construction Guideline Number. TG-010 Near Company Pipelines Date: 02/15/2013 page: 18 of 18 12 inches below the Company's pipeline(s) across the entire width of the Company's pipeline right -of -way, unless approved by the Company representative. 8.8.3 Each :phase conductor should be surrounded with a spirally wound, concentric neutral conductor. The neutral may be within the outer cable jacket_ 8.8.4 Red warning tape shall be buried a minimum of 18 inches directly above the electric cable across the entire width of the Company's pipeline right --of -way, where practical. 8.8.5 The electric cable crossing shall be clearly and permanently marked with identification signs on both sides of the Company's pipeline right -of --way. 8.9 Overhead power line, telephone line and telecommunication installations shall be reviewed by the Company on an individual basis. 8.9.1 Overhead lines shall be installed with a minimum clearance of 25 feet above the grade of the Company's pipeline right -of -way. The installation of poles and guys will not be permitted on the Company's pipeline right -of -way, and not within 25 feet from a Company appurtenance, unless assurances are made that the encroachment will not affect the Company appurtenance as a result of a fault or failure. COPYRIGHT SPECTRA ENERGY CORP 2007 ALL RIGHTS RESERVED REPRODUCTION OFANYPORTION IS STRICTLY PROHIRITEP 31 REPORT TO COMMON COUNCIL M &C -2013 -211 October 7, 2013 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: Lease #222 (Lower Cove Loop) - Saint John Port Authority BACKGROUND: The Saint John Port Authority leases land known as a portion of Lower Cove Loop to the City, which is used as street right -of -way. Lease 4222 expired on December 31, 2012. The Saint John Port Authority has advised the City they are prepared to extend the lease for two (2) additional years with the annual rent to be $325.00 per annum. This is the same rent as the previous years. The parcel in question is slightly more than 48,000 square feet (see attached sketch). The City and the Port have been parties to this lease since the mid 1970's. RECOMMENDATION: That The City of Saint John renew Lease #222 with the Saint John Port Authority Corporation for a further two (2 ) year term (commencing January 1, 2013, expiring on December 31, 2014 ), at an annual rent of $325.00 per annum (plus HST if applicable). It is further recommended that the Mayor and Common Clerk be authorized to execute the lease renewal. Respectfully submitted, urtis Langille, A Real Estate Of er rregor mi y Coms gn Finance Attachments CLIc , CGA, MBA Administrative Services 33 rving, BBA ager Real Estate 1 P trick Woods, CGA Manager City of Saint john Hd 34 3 82 64 {H 70 12A r11 24 BE ® - per' �'I r 371 otc J? Q� Cn 5; era 15 7.. 7r a d 31 a rue St. James St. n s 4C S£ 82 64 {H 70 12A r11 24 BE ® - per' � Z9H 3U2 otc J? 5; s n eH � sr Qy rl rue Ross St. b Q u C i e ing owned Td S2 d( ° er ;co R 4Z Irving Lands teased from P" -t Co rp. for Street R.O W . Description of Plan: 0 O Q HT pr H3 _ ys 1p7 rH5 lo' 112 17 120 32 gq. -qfi a TO2iW HT pr H3 _ ys 1p7 rH5 lo' 112 17 120 rue Broad St. Sketch indicates the parcels leased from the Port Corp. which form a portion of Broad St /k©j e r CD ve_ Loop ' PID: NIA Pan. N/A Address: Broad St. / k taw er av e Date: Jan. 8, 2004 34 a rue Broad St. Sketch indicates the parcels leased from the Port Corp. which form a portion of Broad St /k©j e r CD ve_ Loop ' PID: NIA Pan. N/A Address: Broad St. / k taw er av e Date: Jan. 8, 2004 34 Port Saint John September 27, 2013 City of Saint John Attention: Mr. Curtis Langille P.O. Box 1971, Saint John, N8 E21-41,1 Dear Curtis, Re: Lower Cove Loop easement # 222 Sent via email: curtis,lan ille saint ohn.ca Please be advised that the above easement agreement between the Saint John Port Authority and the City of Saint John expired on December 31, 2012. This letter is to confirm that the Saint John Port Authority is prepared to continue the arrangement for a two -year term with a commencement date of January 1, 2013 and ending December 31, 2014. The annual rate payable on January 1� of each year is $325.00. Please review this matter and if you are in agreement, sign and return the attached copy of this letter as confirmation. If you have any questions or concerns, please don't hesitate to contact me at 636 -4982. Kindest regards, Saint John Port Authority q (�k ctc ()i Pitre ette Manager of Leasing & Property Services THE CITY OF SAINT JOHN accepts the terms and conditions of the SAINT JOHN PORT AUTHORITY'S letter dated September 27, 2013. THE CITY OF SAINT JOHN Per And Common Council Resolution; , 2,g13. 111, rue Water Street, Saint John, New /Nouveau Brunswick Canada h21-0131 Canaild Tel./W.506.636.4869 Fa%IteieC.506,636.4443 sjpart.com 5 REPORT TO COMMON COUNCiL October 1, 2013 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Council: r' 1 he cky off'saim john SUBJECT: SUMMARY OF THE FEDERATION OF CANADIAN MUNICIAPLITIES' BOARD OF DIRECTORS AND STANDING COMMITTEE MEETINGS, ST. JOHN'S, NEWFOUNDLAND AND LABRADOR, SEPTEMBER 4-7,2013 From September 4t11 to 7tb, 2013, the FCM hosted its Board of Directors and Standing Committee meeting in St. John's, Newfoundland and Labrador. As the City of Saint John is an active participant in two FCM Committees, the City's FCM representative — Councilor Farren, was present during the September meeting. FCM has released a "Report to Council" on the major developments during the meeting, and Members of Council are encouraged to review the document (see attachment). During the meeting, FCM's key priorities for the corning year were defined, including: (1) federal budget 2013 implementation; (2) 2015 election readiness strategy; and, (3) further involving Board members in advocacy leading up to the election. The meeting also resulted in advocacy objectives Iinked to the renewed Building Canada Fund, as the FCM agreed to approach the Government of Canada with the need to reach federal - provincial funding agreements so that funding is available for municipalities in time for the 2014 construction season. The FCM Board also endorsed the recommendation from FCM's National Municipal Rail Safety Working Group to call on the federal government to equip and support municipalities for rail emergencies and ensure that federal and industry policies address the rail safety concerns of municipalities. For more information, or to review the key findings from the two FCM committees in which the City of Saint John participates — Standing Committee on Municipal Finance and Intergovernmental Arrangements (p. 5 of 21) and Standing Committee on Municipal Infrastructure and Transportation Policy (p. 15 of 21), please refer to the attached document. 36 Page 2 RECOMMENDATIONS Staff recommends that Common Council: 1. Receive and file this report. Respectfully submitted, fhilOuellette, MA Intergovernmental Affairs Coordinator Neil Jacobsen Commissioner of Strategic Services I - Cug' atrick Woods, CGA City Manager 37 Report to Council September 2013 FCM�r,'�l:';iATIC'Iti "r'E7.R` ?IGtd Cr':Af,'�JI:'1N CA4•;'_'�::i' :Jid_ ��;: .`-ti U 141 CV L I T I E rU;4IC1F —'TGS REPORT TO COUNCIL: A SUMMARY OF THE BOARD OF DIRECTORS AND STANDING COMMITTEE MEETINGS ST. JOHN'S, NEWFOUNDLAND AND LABRADOR SEPTEMBER 4-7, 2013 KN Page 1 of 21 OVERVIEW The Federation of Canadian Municipalities (FCM) Board of Directors met in St. John's, NL, for a series of meetings from September 4-7, 2013. Board members participated in regional caucus meetings, standing committee and forum meetings, a Committee of the Whole meeting and the Board meeting. It was agreed that the key priorities for FCM and the Board over the coming year are: federal Budget 2013 implementation; our 2015 election readiness strategy; and involving Board members in our advocacy leading up to the election. A very clear message came through, in virtually all of the meetings, about the importance of these three priorities and the commitment of the entire organization to following through on them. Meetings addressed a range of issues, including: • The need for federal, provincial and territorial governments to focus on building local economic foundations when designing the new generation of infrastructure programs: Ensure discussions around federal - provincial funding agreements are expedited so that funding is available for municipalities in time for the 2014 construction season, as announced in Budget 2013; and Ensure the new Building Canada Fund is designed to support national economic growth by addressing core infrastructure needs of Canada's cities and communities • Affordable housing and FCM's nationwide campaign calling for new housing support programs leading up to federal Budget 2014. • The municipal movement's federal Election 2015 readiness plan, including preparation, campaign implementation and advocacy. Other highlights from the meetings included: A full presentation was provided on FCM's upcoming housing campaign. In addition, members of the Standing Committee on Social- Economic Development completed a housing questionnaire, which helped to identify potential champions for our housing campaign. Interviews of some 10 Board members were videotaped and will be used for FCM's campaign this fall. Board members as FCM ambassadors Discussions were held about the role of Board members in FCM's engagement activities with members, political decision - makers in Ottawa, stakeholders and media. Topics included how Board members could serve as champions and ambassadors for the municipal movement and how FCM's national organization can support them Page 2 of 21 39 Report to Council September 2013 in this role. While in St. John's, 72 Board members were consulted as a means to understanding how FCM could help them in their role as ambassadors. Rail safety The Board endorsed the recommendations put forward by FCM's National Municipal Rail Safety Working Group which include calling on the federal government to take action in the following three priority areas: Equip and support municipal first responders to rail emergencies; Ensure federal and industry policies and regulations address the rail safety concerns of municipalities; and Prevent downloading of rail safety and emergency response costs to local taxpayers. As a wrap -up to the meetings in St. John's, FCM issued a press release in which the Board called on the federal and provincial governments to "act quickly to set priorities and sign funding agreements for the new 10 -year, $14- billion Building Canada Fund." SUMMARY OF DISCUSSIONS Standing committees and forums FCM's standing committees and forums met to discuss the latest developments and to make recommendations to the Board of Directors. A summary of these activities is provided below. Report to Council September 2013 MN Page 3 of 21 REPORT OF A MEETING OF THE STANDING COMMITTEE ON COMMUNITY SAFETY AND CRIME PREVENTION SUMMARY OF DISCUSSION Committee Chair, Councillor Michael Thompson welcomed new and returning board members including the new Vice Chairs, Randy Goulden, Councillor with the City of Yorkton and Luc Montreuil, Councillor with the Ville de Gatineau. The Chair acknowledged the work and commitment of the past chair and led a round table of introductions. The committee reviewed accomplishments and engagement highlights of the past year including Vice -Chair Goulden's participation on behalf of FCM at the Canadian Association of Police Boards AGM, City of Thompson's Deputy Mayor Hogan's work with FCM and Statistics Canada addressing the Crime Severity Index and the work of a number of board members at the federal public safety summit on policing in Ottawa in January. Councillors Chairs Coleman and Dave Hodgins provided an update on FCM's participation in the Disaster Resilient Communities Working Group. The committee welcomed a guest speaker from Correctional Services Canada (CSC), Mr. Patrice Miron, A/Director of Correction's Citizen Engagement Directorate. Mr. Miron spoke to the past, present and future partnership opportunities between FCM and CSC through our Joint Committee on Community Corrections. Vice -Chair Montreuil spoke of his several years of experience as a member of the Joint Committee and the impactful and informative meetings he has participated in over the years including a tour of the Grand Valley Women's Institution in Kitchener and meetings with inmates and past offenders to learn about their needs and challenges with reintegrating into our communities. The committee expressed strong support for the continued partnership and participation in the Joint Committee on Community Corrections. Chair Thompson lead a round table discussion on the recommended priorities and the committee provided valuable input into details of the proposed advocacy strategy. The committee expressed strong support to address key drivers of policing costs including mental health, addictions, growing policing responsibilities and operational efficiencies at the policing level. The committee adopted the proposed policy and advocacy priorities for 2013 -2014. STANDING COMMITTEE RECOMMENDATIONS Recommendations for adoption: 1. Adopt the following as its 2013 -14 policy and advocacy priorities: a. Priority #1: The Economics of Policing b. Priority #2: Crime Prevention and the Economics of Policing 2. Contribute to its Crime Prevention and the Economics of Policing advocacy priority, direct staff to prepare a board memo on municipallprovinciallfederal roles in mental health and the justice system as well as mental health as a driver of policing costs. Report to Council Page 4 of 21 September 2013 41 REPORT OF A MEETING OF THE STANDING COMMITTEE ON MUNICIPAL FINANCE AND INTERGOVERNMENTAL ARRANGEMENTS SUMMARY OF DISCUSSION Committee Chair Don Downe welcomed new and returning committee members to St. John's and introduced the new vice - chairs Councillor Mike O'Donnell and Councillor Sav Dhaliwal. The Committee approved the agenda as well as the report from the March 2013 Board meeting. Staff provided an updated environmental scan of Ottawa before approving the 2013 -14 policy and advocacy priorities: refreshing the municipal fiscal storyline; and, federal - municipal partnerships on international trade and investment attraction. The Committee approved the Action Items Status Report. Then, the committee considered a resolution calling on the Government of Canada to defer the capital gains on properties where the seller reinvested into another property in the same municipality within a year. After discussion, the Committee referred the resolution back to staff to explore including this issue within the broader context of FCM's housing campaign. Staff provided numerous update reports to Committee members. First, the Committee considered a draft outline of the plan for a refreshed municipal fiscal storyline — one that would inform the 2014 edition of the State of the Cities and Communities Report ( SOTCC). Staff presented a three year plan for future SOTCC reports. Next, the Committee heard an update on FCM's work with the Government of Canada around international trade agreements and investment attraction. While the signing of the Canada -E.U. trade agreement seems to be delayed until early 2014, there were a number of action items identified that can be implemented in the interim. Fallowing this, the Committee directed staff to prepare a letter to the Minister of Public Works and Government Services Canada (PWGCS) seeking an update and a meeting to discuss continued challenges around the Department's interpretation of recent Supreme Court rulings on the payments -in -lieu of taxes program. Finally, the Committee considered how to address concerns with FCM's resolution plenary process in light of recent challenges. The Committee Chair thanked members for attending the meeting STANDING COMMITTEE RECOMMENDATIONS Recommendations for adoption: 1. Adopt the following as its 2013 -14 policy and advocacy priorities: • Priority #1: Refresh the Municipal Fiscal Storyline • Priority #2: Federal - Municipal Partnerships on International Trade and investment Attraction; 2. Direct staff to develop terms of reference for an updated core municipal fiscal storyline report and to present these to the Committee in November 2013; Report to Council September 2013 Page 5 of 21 42 3. Direct staff to write a letter to the Minister of Public Works and Government Services Canada to seek a meeting to provide an update on the state of the federal PILT program following the Halifax Supreme Court of Canada ruling. 4. Direct staff to respond to the letters to explain that the resolution on Building Canada's Energy Value Chain Economy will be presented within the context of FCM's already established energy policy; and 5. Direct the AGM Resolution Plenary Chair to remind plenary delegates of their role and responsibility; and 6. Endorse the 2014 -16 publication strategy for the FCM Report on the State of Canada's Cities and Communities. 7. Direct staff to continue working with the Minister of International Trade officials and the Department to develop a refreshed terms of reference for the FCM - DFAT -D Joint Working Group on International Trade; and 8. Direct staff to explore continued opportunities to receive updates and forward questions from the municipal sector on CETA and other pending international trade agreements. Page 6 of 21 43 Report to Council September 2013 REPORT OF A MEETING OF THE STANDING COMMITTEE ON ENVIRONMENTAL ISSUES AND SUSTAINABLE DEVELOPMENT SUMMARY OF DISCUSSION The meeting began with an introduction from the Chair, Michelle Morin -Doyle and roundtable introductions from committee members. The chair welcomed Dan Casselman as the committee's new policy advisor. Following the approval of the agenda, the report from the March 2013 committee meeting was approved. Staff delivered a presentation on the 2013 -14 recommended policy and advocacy priorities for the committee. After some discussion, the intent of Priority #2 was clarified and amended to ensure it focused not just on pipelines, but all resource development - related projects. Updates were provided on the Safe Drinking Water for First Nations Act, the Canadian Environmental Assessment Act, the Fisheries Act, the Navigation Protection Act and the Species at Risk Act. The resolution: Municipalities in Support of Climate Change Mitigation from la Ville de Boucherville, QC was referred back to staff pending the renewal of FCM's climate change policy research and advocacy strategy. Committee members wanted assurance that la Ville de Boucherville, QC would be notified of the committee's decision and rationale and that the resolution, or a revised version from the member, would be brought back for consideration in due time. A decision memo was presented on recommendations for next steps pertaining to the National Zero Waste Council. The recommendations were adopted by the Committee. Jacque Nadeau, Director of FCM's Green Municipal Fund (GMF) provided an on -site update of GMF's municipal capacity building program proposal to Infrastructure Canada. One comment was put forward pertaining to the need for municipal capacity building on climate change adaptation to be built into GMF's proposed capacity building program. This input was broadly supported by the committee. STANDING COMMITTEE RECOMMENDATIONS Recommendations for adoption: 1. Adopt the following as its 2013 -14 policy and advocacy priorities: a. Priority #1: Develop FCM environmental policy platform for the 2015 federal election with a focus on energy /climate change policy and climate change adaptation policy; b. Priority 42: Develop municipal principles for responsible resource development that impacts cities and communities, including the development of associated infrastructure, to help guide federal decision making and approvals of these projects; 2. Support FCM staff engagement on the Council Membership Recruitment working group, and in helping to direct policy research undertaken by the Council; and 3. Ask Councillor BIII Karsten and Councillor Shelley Carroll, who already sit on the NZWC as representatives of their municipal governments, to also act as ad hoc representatives of FCM on the Council; and Report to Council September 2013 _, Page 7 of 21 4. Review the capacity and expertise of FCM to participate on the Management Board of the Council. Page 8 of 21 45 Report to Council September 2013 REPORT OF A MEETING OF THE STANDING COMMITTEE ON INCREASING WOMEN'S PARTICIPATION IN MUNICIPAL GOVERNMENT SUMMARY OF DISCUSSION Committee Chair Erin Hogan welcomed everyone to St. John's and introduced the committee's new vice - chairs; Councillor Linda Rydholm of City of Thunder Bay, Ontario and Director Susan Gimse of the Regional District of Squamish- Lillooet, BC. The committee members and observers were then invited to introduce themselves. The committee approved the agenda and the report from the Prince George Board Meeting. Following this Chair Erin Hogan provided a summary of the accomplishments of the 2012- 2013 year focusing on the completion of the Protege and Getting to 30% Programs as well as the funding received to launch the Head Start for Young Women program. Chair Hogan then identified the six priority areas for 2013 -2014: 1. Head Start for Young Women 2. International Day of the Girl Child 3. Scholarships and Awards 4. Long -term Program Funding 5. Regional Champions 6. International Partnerships on gender - related Programs The Chair outlined the objectives of the Head Start for Young Women's program and Melissa Newitt, Program Coordinator, Head Start for Young Women provided an update. The list of participating communities had been finalized, including; the City of Grand Forks, BC; Town of Beaumont, Alberta; Ottawa, ON; London, ON; Ville de Bathurst, New Brunswick and Gatineau, Quebec. Committee members were encouraged to following the work of this program through FCM social media. Vice Chair Linda Rydholm then outlined the second priority, the International Day of the Girl Child celebrations. Committee members were then invited to share their successes and challenges in marking the inaugural celebrations which took place October 11th, 2012. FCM staff provided a toolkit for International Day of the Girl Child including a sample proclamation, sample council resolutions, sample press release and a list of possible activities for marking the day. Vice Chair Rydholm then presented the names of the 2013 recipients of the committee's scholarships and awards. Committee members were invited to indicate interest in participating in the scholarship subcommittee which evaluates and selects the recipients each year. Chair Hogan briefly presented the long -term program funding and regional champions as important priorities for 2013 -14. Mayor Debra Button delivered an update on International Partnerships on gender - related programs, specifically focusing on the Municipal Local Economic Development (MLED) program working in the Ukraine which has strong gender equality components. Committee members who have been involved with this work shared their experiences. Committee Report to Council September 2013 Page 9 of 21 46 members having represented FCM in Cambodia and at the Global Network of Cities, Local and Regional Governments (UCLG) shared their work in promoting women's participation. Chair Erin Hogan presented the committee with the revised strategy for scholarships. The revised strategy included a new timeline for the application process, an increase from $2000 to $3000 for the Mayor Andree P. Boucher Memorial Scholarship as well as the addition of some $250 honourable mentions for the Canadian Women in Municipal Government Scholarship. The Chair then facilitated a discussion of the revised strategy for scholarships. Chair Erin Hogan presented the committee with the proposed strategy for the Regional Champion program. The objective of this strategy was to renew and revitalize this program and build on this network in order to share the tools that have resulted from the Protege and Getting to 30% programs. The proposed strategy included directing the staff to build a database of the work being done by regional champions and a commitment from FCM staff and committee members to promoting the Regional Champions, Protege and Getting to 30% tools through their networks. Pam McConnell, chair of the Long -term Funding Subcommittee, then provided an update on the subcommittee's work, focusing on the development of a strategy to approach Minister Leitch. The subcommittee reported that there had been considerable work done toward building a strategy for partnership with the previous Minister and that work was already under way to redefine the strategy to approach Minister Leitch, the current Minister of Status of Women Canada. STANDING COMMITTEE RECOMMENDATIONS Recommendations for adoption: 1. Approve and charge FCM staff to implement the new scholarship process; 2. Commit to promoting the scholarships and awards in their home communities; 3. Approve and charge FCM staff to renew and revitalize the Regional Champions Program; 4. Commit to promoting the Regional Champions, Protege and Getting to 30% tools in their own communities and through their networks. Page 10 of 21 47 Report to council September 2013 REPORT OF A MEETING OF THE RURAL FORUM SUMMARY OF DISCUSSION The meeting began with the election of President David Marit as Chair, and President Doug Dobrowolski and President Churence Rogers as Vice - Chairs of the Rural Forum for the coming year. The Chair then welcomed new and returning committee members to the Rural Forum, and Forum members, observers and staff introduced themselves. After approval of the minutes of the March 2013 meeting, staff provided an overview of the 2013 -2014 Policy and Advocacy Priorities, including an update on our recent broadband advocacy efforts with the new Minister of Industry. Councillor Olsvik requested that staff follow up with the government to ensure the upcoming renewals of the 2500 and 3500 MHz spectrum licenses adopt a "use it or lose it" approach to promote rural access. Before the 2013 -2014 priorities were adopted, Reeve Forfar also asked if the issue of small and regional airports would remain a committee priority; staff indicated this was a component of the priority to renew FCM's rural policy development in advance of Election 2015. The Forum then discussed the need for the Rural Forum to work with the Big City Mayor's Caucus to promote a harmonized approach to developing emergency response applications for the Interoperable Broadband Emergency Network currently in development. Staff then provided an update report on the rural research project. A draft report will be prepared in advance of the November 2013 board meeting, and include updated data on defining rural communities, demographic trends, economic trends, as well as an inventory of current and past federal policies and programs for rural communities. An update on the rural broadband research project was then provided. This report will use a case study approach to quantify the existing and anticipated digital divide between rural and urban Canada and support FCM's advocacy efforts on broadband access. President Barss commented that federal broadband policies will only be effective if based on geographic coverage, rather than population base. Reeve Campbell suggested staff should look at the Eastern Ontario Regional Network (EORN) as a best practice for promoting rural broadband. Chair Anderson suggested that the rural broadband research should look at policies to further promote tower sharing, and specifically improved access for smaller regional providers. President Marit also recommended that the Forum invite the large incumbents to appear before the Forum regarding their plans for rural coverage. Staff then provided an update on small and regional airports and recommended that this issue be a part of the Election 2015 readiness work. Reeve Forfar suggested that current lack of funding for airports was an issue for communities of all sizes including the Big City Mayors. The Forum then discussed the issue of disaster mitigation and prevention, and the limitations of the Disaster Financial Assistance Arrangements program. President Barss recommended that FCM strike a special Working Group on this issue. After much discussion, the Forum voted to table the recommendation until the March 2014 board meeting as the Standing Report to Council September 2413 Page 71 of 21 48 Committee on Environmental issues and Sustainable Development is currently looking at these issues as one of its top priorities for the coming year. Before adjourning the Chair recognized the long -time contributions of Mayor Greeley and President Hanson, both of whom were attending their last FCM board meeting. FORUM RECOMMENDATIONS Recommendations for adoption: 1. Adopt the following as its 2013 -14 policy and advocacy priorities: Priority #1: Election 2015 readiness: renew rural policy framework Priority #2: Rural Broadband Research and Advocacy 2. It is recommended that staff continue to explore the issue of rural airport viability and - seek out possible partnerships to support policy and advocacy around ACAP changes as part of our 2015 election work. Recommendations for referral to staff. 3. That FCM strike a special Working Group on disaster mitigation, prevention and response (tabled until the March 2014 board meeting). 4. Direct staff to prepare a letter to the Big City Mayor's Caucus regarding the need for the Rural Forum and BCMC to work together to promote a coordinated and harmonized approach to developing emergency response applications for the Interoperable Broadband Emergency Network currently in development. 5. Invite the large incumbent wireless providers (i.e. Rogers, Bell, TELUS) to appear before the Rural Forum at the November 2013 board meeting regarding their plans for future rural broadband deployments. Page 12 of 21 M Report to Council September 2013 REPORT OF A MEETING OF THE STANDING COMMITTEE ON SOCIAL- ECONOMIC DEVELOPMENT SUMMARY OF DISCUSSION Committee Chair Councillor Brian Pincott welcomed new and returning committee members and introduced the new Vice - Chairs, City of Toronto Councillor, Pam McConnell, and Mayor Edgar Rouleau with the Cite de Dorval. The committee Chair and staff presented the proposed strategic priorities for the coming year including the framework for FCM's national campaign on housing and the economy. The committee provided valuable input into details of the campaign and advocacy strategy and recognized that while housing challenges vary across the country; from skyrocketing homeownership costs to eroding social housing in urban centres and larger cities, to attracting new families and supporting seniors in their homes in rural and remote communities; housing is an issue impacting cities and communities across the country. It was agreed that our campaign on housing must deliver a message that includes all our members including rural, northern and remote communities. Concerns were expressed around the federal government's new focus on Housing First within its Homelessness Partnering Strategy. The committee supports a Housing First approach that is linked to health and social support services. The committee adopted the recommendations for its 2013 -2014 policy and advocacy priorities and agreed that FCM must ensure that a campaign on housing must deliver a message that includes all our members including rural, northern and remote communities. Councillor Ben Henderson provided an update on the renamed Canadian Council on the Social Determinants of Health ( CCSDH). The CCSDH is active after a hiatus and Councillor Henderson will continue to serve as FCM's representative on this group. Councillor Henderson also provided an update on the urban Aboriginal working group and its meeting at the 2013 AGM. The group will remain an informal working group at this time and report updates on its progress to the SED committee. Vice -Chair McConnell led a discussion the importance of using a Human Rights lens to view our work on housing and other issues arising from this committee. The committee supported the recommendation from the Quebec Caucus and raised by Councillor Michelle Morin -Doyle directing staff to include in its housing campaign, a resolution supporting the principles and objectives of the housing campaign. The resolution would be provided to members so that it can be adopted by municipal councils across Canada. STANDING COMMITTEE RECOMMENDATIONS Recommendations for adoption: Adopt the following as its 2013 -14 policy and advocacy priorities: Priority #1: 2013 -13 Housing Campaign: A Fix for Canada's Housing System — The Future of Housing in Canada; Priority #2: Budget 2013 Implementation: Homelessness and the Housing First Model; Report to Council September 2013 50 Page 13 of 21 Priority #3: Canada's Aging Population; and 2. Develop and deliver a national campaign on the future of housing in Canada; 3. Support the establishment of a national housing forum comprised of a limited but representative number of municipal, not - for - profit and industry representatives with the objective of identifying and supporting shared goals for a healthy housing sector; 4. Ask Board members to provide input, feedback and response as required to ensure the successful development and roll out of a national campaign and its policy and advocacy components. Recommendation for referral to staff. 5. Staff to provide the committee with the most recent policy position and or resolutions related to child care. Page 14 of 21 51 Report to Council September 2013 REPORT OF A MEETING OF THE STANDING COMMITTEE ON MUNICIPAL INFRASTRUCTURE AND TRANSPORTATION POLICY SUMMARY OF DISCUSSION Committee Chair Doug Reycraft opened the meeting and welcomed new and returning committee members to the meeting in St. John's. The Chair then introduced the new vice - chairs: Jenelle Saskiw and Robert Coulombe. Staff provided a thorough update to Committee members on the policy and political environment in Ottawa to frame the recommended 2013 -14 policy and advocacy priorities: Infrastructure: new Building Canada Plan/infrastructure Report Card; telecommunications policy development; and, rail safety. Committee members then approved the action items status report. Staff provided an update on the conversations with the Government of Canada to date on the design of the future Gas Tax Fund (GTF). Discussions have focused on streamlining the program, improving the visibility of the program and promoting asset management practices under the GTF. Following this, the Committee approved the proposed new Building Canada Fund Consultation Plan. Significant discussion ensued around both the principles and the program design asks and staff was given clear direction to ensure that consultations with FCM occur within an expeditious timeframe. Staff then provided an update on the status of FCM's asset management capacity building ask under the new BCF. The Committee will be receiving a more detailed plan at the November Board meeting in Ottawa. Next, the Committee received an update on the activities undertaken by FCM's rail safety working group. Committee members approved a number of action items to steer effective discussions between municipalities, rail companies and Transport Canada. Following this update, staff provided a brief update on FCM's rights -of -way policy and advocacy work. The Committee considered one resolution relating to new PSAB requirements governing the reporting of risk and liability regarding contaminated sites within a municipality's jurisdiction. Finally, the Committee heard from John Longbottom, program director of IBM's Smarter Cities program. IBM has positioned itself as a leader in the use of hard data to inform asset management planning at the local level. IBM is very interested in working closely with FCM in the near future to build out Canada's repository of quality information that will support smarter decisions, particularly in the area of maximizing infrastructure investments. The Chair thanked members of the committee for their attendance and wished them a pleasant stay in St. John's. STANDING COMMITTEE RECOMMENDATIONS Recommendations for adoption: 1. Adopt the following as its 2013 -14 policy and advocacy priorities: Report to Council September 2013 52 Page 15 of 21 c. Priority 1: Infrastructure: New Building Canada Plan / Canadian Infrastructure Report Ca rd d. Priority 2: Telecommunications Policy Development e. Priority 3: Rail Safety 2. Approve the New Building Canada Fund Consultation Plan; 3. Approve the New Building Canada Fund Submission Outline and direct staff to further develop the submission in the lead up to negotiations with Infrastructure Canada officials. 4. Urge the Government of Canada to develop an asset management capacity building framework as part of the new Building Canada Fund program, including support for an FCM- delivered capacity building program, in partnership with PTAs. 5. Endorse the following rail safety priority areas and action items recommended by the National Municipal Rail Safety Working Group: a. Equip and support municipal first responders to rail emergencies: i. Establish a process to provide municipalities with information on the [type /average frequency / ?] of dangerous goods that are being transported through their communities (i.e. "right to know'); ii. Develop a mechanism for coordinating emergency planning between municipalities, rail authorities, and federal government departments and agencies; iii. Develop a protocol for coordinating emergency response by municipalities and rail authorities (incl. notification, command function); iv. Address the current lack of capacity to respond to emergencies, especially for smaller /rural /remote communities; Page 16 of 21 b. Ensure federal and industry policies and regulations address the rail safety concerns of municipalities (i.e. risk management frameworks and cost - benefit analyses): L Revise risk management frameworks to include consideration of potential impacts on municipal infrastructure and municipal capacity to respond in event of an incident (incl. safety inspection standards post - emergency, whether certain types of deficiencies should result in mandatory repairs and not only speed restrictions, notification to municipalities of serious deficiencies); ii. Revise cost- benefit analysis frameworks to include consideration of municipal impacts (e.g. local capacity, public safety, economy, environment); iii. Ensure proposed rail safety regulations (e.g. grade crossings, access control) reflect municipal considerations, including operational and financial impacts; 53 Report to Council September 2413 c. Prevent downloading of rail safety and emergency response costs to local taxpayers; I. Review minimum standards (incident coverage and policy amounts) for liability insurance, including environmental liability; ii. Assess whether insurance requirements fully reflect the nature of goods being transported and the nature of territory being crossed; and iii. Consider legal options to allow for the continuation of claims in the event of a bankruptcy. 6. Direct staff to conduct a review of the Proximity Initiative memorandum of understanding with the Railway Association of Canada and prepare an assessment of possible modifications to clarify the scope of the joint initiative. Report to Council September 2013 54 Page 17 of 21 REPORT OF A MEETING OF THE STANDING COMMITTEE ON INTERNATIONAL RELATIONS SUMMARY OF DISCUSSION Committee Chair Lise Burcher welcomed everyone to St John's and invited committee members and observers to introduce themselves. The Committee then approved the agenda and the minutes of the March 2013 committee meeting in Prince George. The Committee received updates from FCM's International Program governance representatives on FCM International's four current international development programs, namely the Global Municipal Partners for Economic Development (MPED), Ukraine Municipal Local Economic Development Program (MLED), the Caribbean Local Economic Development Program (CARILED), and the Programme de Cooperation Municipale Haiti (PCM). Additional information was provided to the Committee regarding the status of a second phase proposal submission for the Haiti program, including a recent meeting with the new Minister of International Development on this issue. Committee Vice -Chair Roger Anderson provided an update on business development priorities for the year. Priorities include program renewals (Haiti, Ukraine), new proposal development (strengthening the capacity of local governments in mining communities in Latin America and the Caribbean), ongoing discussions with CIDA on a long -term programming framework, and the adoption of an international program development strategy. The Committee initiated the process of renewing FCM's current international relations framework, with a view to increasing its alignment with FCM's 2012 -17 Strategic Plan and increasing the flow of value back to members from FCM's international engagement. Committee members reflected on the previous or current international involvement of their municipalities and the value they have experienced from this work. Committee members also discussed ideas on potential new services FCM could provide to support members' international interests. One possible new area of FCM support relates to trade development and investment attraction: for example, sharing of information and best practices; improved coordination between levels of government; market entry advice; tool development (media kits, MOU templates, model protocols, public engagement strategies); and funding mechanisms. Updates were provided on FCM's engagement in international networks, in particular the United Cities and Local Governments (UCLG). FCM's CEO was recently appointed as Secretary General for the North American section of UCLG (NORAM); in this capacity, priority will be placed on supporting FCM members' interests in effectively engaging at the global level, both to contribute to the international municipal agenda and to derive knowledge and good practices of benefit to our domestic agenda. FCM has also been actively involved in discussions on the role of local government in the United Nation's new global development agenda. FCM will soon assume the Presidency of UCLG's Development Cooperation and City Diplomacy committee, an excellent opportunity for mutual sharing of good practices and effective coordination of FCM's international work. With the objective of optimizing Board oversight of FCM International, the Committee discussed a process for reviewing the current governance model for SCIR. Committee Vice - Chair Garth Frizzell outlined the work agenda of a SCIR task group which will review the Report to Council Page 18 of 21 September 2013 55 terms of reference of the committee and specifically the roles and responsibilities of Chairs, Vice- Chairs, Program Governance Representatives, working groups, committee members, and support staff. As a first step, it was agreed that program governance representatives will be invited to reassess their availability and interest to serve as governance reps on specific programs on a yearly basis. Applications for the 2013 -2014 program governance assignments will be distributed in early September. Finally, the committee addressed follow up questions surrounding a topic discussed during the March 2013 committee meeting. Councillor Tim Stevenson had raised a concern regarding a funding decision by CIDA related to a Canadian organization operating within Uganda, a country in which the gay and lesbian community is undergoing persecution. The committee asked staff to review this matter with CIDA and to report back their findings. The committee also asked staff to review the issue of diversity within FCMI's program proposals and international policy statement and report back at the November meeting. Report to Council September 2013 56 Page 19 of 21 REPORT OF A MEETING OF THE NORTHERN AND REMOTE FORUM SUMMARY OF DISCUSSION After approval of the agenda, Chair Elaine Wyatt welcomed new and returning members and Forum members and staff introduced themselves. The minutes of the March 2013 meeting were approved. Staff then provided an overview of the advocacy context for the coming year. it was noted that the political environment should be favourable for advocacy on the Forum's priority issues in the lead up to Election 2015. First, the Government of Canada has changed its approach to northern issues, moving away from a focus on sovereignty towards an emphasis on economic development and strong communities. At the same time, Canada has begun a 2 -year term as chair of the Arctic Council. Following an overview by staff, members adopted three priorities for 2013 -2014: Housing for Northern Economic Development, Northern Telecommunications and Connectivity, and Northern Infrastructure and Adaptation. Staff then reviewed the Action Items Status Report. There was a request for staff to report back on the Department of Fisheries and Oceans' current levels of investment in coastal communities. The Forum was then provided with an overview of FCM's housing campaign and its links to the northern housing policy recommendations previously approved by the Forum. It was noted that the expiring operating agreements is an issue for communities in the North and South alike, but that there are specific housing issues in the North which will require additional advocacy work similar to the northern supplement to FCM's LTIP submission. Staff then provided an overview of recent developments on the telecommunications file, specifically FCM's interventions to the House of Commons Standing Committee on Industry, Science and Technology and to the CRTC as part of its review of Northwestel's modernization plan and the subsidy regime for northern telecommunications. Finally, the Forum then discussed the issue of northern and remote airport infrastructure, including the need for supplementary funding for northern and remote airports to support paving and other capital investments, and the impact of the proposed Runway End Safety Area (RESA) regulations. Members agreed that the high cost air transportation was a major concern. It was recommended that staff study the amount of airport rents and other fees levied by the federal government on northern airports. It was also suggested that staff explore the potential role of federal government users (i.e. military, search and rescue) in providing funding for airport improvements. The Forum approved then recommendations related to improving existing airport infrastructure and adopting a risk -based approach to the proposed RESA regulations. FORUM RECOMMENDATIONS Recommendations for adoption: 1. Adopt the following as its 2013 -14 policy and advocacy priorities: a. Priority 1: Housing for Northern Economic Development Page 20 of 21 57 Report to Council September 2013 b. Priority 2: Northern Telecommunications and Connectivity c. Priority 3: Northern Infrastructure and Adaptation 2. Adopt the following recommendations relating to northern and remote airport infrastructure: a. Advocate for a new Northern and Remote Airports Infrastructure Investment Program to address the airport infrastructure deficit in the territories and provincial North; and b. Support the proposal from the Northern Air Transport Association and the Air Line Pilots Association to adopt a risk -based approach to the new RESA (runway end safety area) regulations. 3. Direct staff to prepare a short position paper on northern airport infrastructure based on these recommendations to support FCM's advocacy to Parliament. Recommendations for referral to staff: 4. Direct staff to provide an update at the November 2013 board meeting on the Department of Fisheries and Oceans' current level of investments in coastal communities. Report to Council September 2013 i Page 21 of 21 REPORT TO COMMON COUNCIL M &C 2013 -212 September 30, 2013 His Worship Mel Norton And Members of Common Council Your Worship and Councillors: SUBJECT Loch Lomond Community Centre Demolition — Recommendation for Award of Request for Quotation BACKGROUND During its meeting on August 26, 2013, Common Council approved the following resolution: The City of Sit John RESOLVED that as recommended by the City Manager in the submitted report M &C 2013 -182: Loch Lomond Community Centre — Demolition of Existing Building and Proposed Go Forward Plan, Common Council: Approve the development and letting of a tender for the demolition of the existing Loch Lomond Community Centre building, located at 21 St. Mortins Road In the above -noted report, a preliminary estimate of costs associated with the building's demolition was provided by staff of Facility Management in the amount of $25,000 to $35,000. Furthermore, the report indicated that $22,000 was available in the 2013 capital budget for this work and if the bid submissions came in above this amount, staff would return to Common Council with a recommendation for award, as well as a recommendation of how the balance of the project would be funded. Following the August 26, 2013 meeting of Common Council, staff completed an inspection of the playground equipment and various site elements on the property of the Loch Lomond Community Centre and determined that it was in fair condition. That said, a breakout price was requested in the request for quotation for the building's demolition in case it was later decided to include in the demolition project. This report provides our recommendation for the award of the request for quotation for the demolition of the Loch Lomond Community Centre, excluding the playground equipment and site elements, to IA Excavation at a contract price of $15,000 plus HST. 59 Report to Common Council Page 2 of 3 Loch Lomond Community Centre Demolition Recommendation for Award of Request for Quotation (2013- 083006Q) ANALYSIS AND FINANCIAL CONSIDERATIONS With an estimated cost below $50,000, as permitted under the City of Saint John Policy of the Procurement of Goods, Services, and Construction, an invited Request for Quotation (RFQ) for the demolition of the Loch Lomond Community Centre (reference no. 2013- 083006Q) was distributed to select contractors on September 11, 2013 and closed on Friday, September 27, 2013. The RFQ called for proponents to provide a breakout price for the demolition of the existing playground equipment and various other site elements, in addition to their total quotation. Four (4) quotations were received as follows: COMPANY NAME OFFICE LOCATION TOTAL QUOTATION BREAKOUT PRICE OR PLAYGROUND EQUIPMENT JA Excavation Saint John, NB $25,000 $10,000 Galbraith Construction Saint John, NB $29,777 $3,500 Byron's Excavating Saint John, NB $30,000 $11,000 W &S General Contractors Saint John, NB $73,000 $5,000 "" --54 '1- ur runvua }n OLU JW urc pu yyr uurru ffgv1prfftw , ullu excfuaing 1'i.) l Following the August 26, 2013 meeting of Common Council, staff completed an inspection of the playground equipment and various site elements on the property of the Loch Lomond Community Centre and determined that it was in fair condition overall. Thus, it was decided and is recommended that the demolition of the playground equipment and various site elements be excluded from the project at this time. Factoring in HST and the HST rebates, the total cost of demolition of the Loch Lomond Community Centre to the City based on the low quotation would amount to $15,514.32, which excludes the demolition of the playground equipment and various site elements. The 2013 capital budget of Facility Management has an amount of $22,000 allocated far this work. Staff of Facility Management and Materials Management believes that the low bidder has the necessary resources and expertise to perform the work, and recommend acceptance of their quotation to include the scope of work required to demolish the building. INPUT FROM OTHER SOURCES Staff of Materials Management facilitated the RFQ process with technical input from Facility Management. Representatives from Facility Management and Materials Management have reviewed this report and are satisfied with the recommendations as they pertain to their respective areas of service. Staff of Recreation and Neighbourhood Support completed an inspection of the playground equipment and other site elements and provided the recommendation to exclude this work from the project at this time. .1 Report to Common Council Page 3 of 3 Loch Lomond Community Centre Demolition Recommendation for Award of Request for Quotation (2013- 083006Q) RECOMMENDATION As described in M &C 2013 -212, your City Manager recommends: 1) That Common Council award RFQ No. 2013- 083006Q: Demolition of Loch Lomond Community Centre to the low bidder, JA Excavation, for the contract price of $15,000 plus HST, which excludes the demolition of the playground equipment and site elements described in the Request for Quotation. Respectfully submitted, Trevor L. Gamblin, M.Sc.E., P.Eng. Manager, Facility Management L rick Woods, CGA Manager Gregory J Commissi 61 As, CG A, MBA nance and Administrative Services oftvmk z z September 30, 2013. MW AM z Mayor Mel Kw Norton and Members of Common Council City of Saint John P.O. Box 1971 Saint John, NB E21- 4L1 02 A •==% mrmm. P V On behalf of the Board of Directors of Uptown Saint John Inc., We would like to appear before Mayor and Council on October 28, 2013 to present on a number of Uptown priorities and requests made by Common Council relating to street closures and Kings Square. A copy of this document will be made available for your Council It. Yours truly, Peteimakos, G Uptown Saint John Ire. T. 5,06.6 3 3.9 79 7 Manager F. 506-652.3525 62 www. up(o nsl'.c0M RECEIVED COMMON CLERK'S OFFICE SEP 2 5 2013 CITY OF SAINT JOHN Dear Mayor and Council, 91 Belmont St. Saint John, NB, E2J 1K1 September 18, 2013 The following are submitted for your discussion: A) Erect a statue of K.C. Irving beneath the General Hospital Dome on Garden Street to recognize his memory and achievements. B) Change the name of Bayside Drive to Irving Expressway. At this point in time where Saint John is expecting a proposed "boom ", why not jump on the band -wagon and reward this family of industrialists with past due recognition. Yours truly, Bob Warr ,A11vT ._IC, HA) 1%g P.S. A copy of this letter will be sent to "Letters to the Editor" c/o the Telegraph Journal. 63 The Mayor and the members of the council, City of Saint John, N.B. Your Worship, COMMON CLERK'S OFFICE SEP 2 6 2013 CITY OF SAINT JOHN With due respect I would like to offer myself to be the part of taxi committee keeping in view my lengthy experience as a driver, private owner and taxi -stand owner for many years. Self praise is no recommendation, but I left no stone unturned to uplift the standard of taxi industry in Saint John. In spite of unscrupulous and bitter competition because of the lack of rules and regulation, Diamond Taxi flourished by leaps and bounds. When I bought Diamond Taxi I had 16 private owners plus five my own cars and it grew to 95 cars when I sold the taxi stand in 2002 after over three decades. We were doing 50% taxi business in the city at the time. We put great emphasis on the following: - (1) Age of the cars and their proper maintenance. (2) Cleanliness of the cars. (3) Service. (It means drivers had to get out of the car and help the seniors, passenger with groceries or luggage.) (4) Dress -code and the cleanliness of the drivers. If 1 am given a chance to offer my input which makes any difference I will consider myself very lucky. Thank you kindly, Yours Trulyy_ `PAt7CRAIVI 188 UPPER GOLDEN GROVE RD, UPPER GOLDEN GROVE N.B. E25 -2Y9 849 -8611 - z2w -' HOR ST SAUERTEIG K8 Bedell Avc., Saint.ioizn, NB I?.2K 2C,, },k ono (506) 658 -026, tnaail sauertwoir.nh.s Nrnt a6co.ca September 29, 2013 To the Common Council of the City of Saint John Re: The Saint John Emergency Management Organization Advisory Committee Your Worship and Councillors, I received notice from Fire Chief / Director SJEMO Kevin Clifford, who also acts as the SJEMO Advisory Committee's director, informing the members that Common Council (CC) had written him "that our 2 year term would stand in place ", and that he had postponed our scheduled September 25`' meeting "until the Committee had been re- established ", which is another way of saying that the members of the SJ EMC) Advisory Committee (the Committee) are dismissed. I do not have a copy of what CC wrote, but I want to put on record that the Committee's 2 -year term goes to February 2014, because its first meeting took place in February 2012, and that the September and December (or January) meetings still form part of this 2 -year term.. I suggest that CC should ask the members to produce in those 2 remaining meetings advise on how to change the present way of the Committee, for the benefit of future members, to provide advise on "how to improve the municipal emergency services ", which the Committee has not achieved during its present tenure. The SJ EMO is supposed to submit quarterly reports to CC about the Committee's activities. I do not know who reads them and who evaluates the Commit- tee's effectiveness and keeps CC informed, but I would be very much surprised if any of these reports contain an "advise for improving the municipal emergency service ". This puts in question . the usefulness of the Committee. Members have raised questions about the preparedness for the response to various emergencies and how they affect the city, and those were discussed, and sometimes outside PR people made a presentation, but in no case was this information used in a followup discussion which did result in an advise to the SJ EMO. The Committee agreed that an efficient method of alerting the public to an emergency in Saint John had neither been installed nor tested. In this case, and only in this case, a sub - committee was formed to look into this matter, but it produced no report for the Committee to work with. Also a map of the city was requested showing the routes for an evacuation and the location of the "E" signs, which are supposed to mark these routes, in order to understand the logic upon which the design of these routes is based. This map had been promised but was never delivered. I do not think it exists. I submit that this whole scheme has serious flaws, and that the people selling this idea (and the signs) did not explain how it was supposed to work, and what to do if, for example, an emergency site blocks an E- route. But again, this did not result in the Committee giving advise for possible improvements, although there are possibilities how this scheme can be made more user- friendly which the Committee or a sub - committee could have explored.. 65 I wrote to CC on July 4/13 about problems the Committee has with "improving the municipal emergency management service ", and there is no reason to restate them here; but for the CC to do nothing to change this situation is a dangerous alternative to having a dedicated group of citizens redirected so they are able to improve the preparedness for and response to emergencies in the city. The safety and the quality of life for the citizens of the city should be of paramount importance, and not that: "yes, we have a real problem here, but somebody else is responsible for it, and I do not want to talk about it any more ". This attitude, I submit, does not safe lives in a real emergency, and it is a dangerous bureaucratic cop-out from the task to take responsibility for the well -being of the citizens, who expect from those in control that they not only talk about deficiencies in the emergency services but that they attend to them expeditiously. Ultimately, I submit, the responsibility for the well being of the citizens during an emergency rests with CC. In closing I want to point out that I am not alone with my assertion that the Committee's effectiveness needs improvement. The Minutes of (our last ?) Meeting in June, of which CC should have been informed (see above), also lists Deputy Mayor Shelly Rinehart, who is a member of the Committee, and members Carolyn Van der Veen, Gordon Darzell and Leo Maloney as having concerns about how the Committee operates. I am prepared to sit down with members of CC and of the Committee to discuss how the Committee can be turned into an "advisory" group of dedicated and qualified members, for the benefit of the Saint John citizens. But this should actually be done by the whole Committee, which could draw on the experience of their past meetings. They would than report back to CC their findings and their advise, provided CC agrees that the Committee still has some time left to come up with such an advise. This would be of benefit to future SJ EMO Advisory Committees, and the City as well. Yours truly, (ff. Sauerteig) 2 66 5� 10 REPORT TO COMMON COUNCIL October 2, 2013 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Council: The City of Saint john SUBJECT; EXTENSION TO INSTALLATION TIMEFRAME FOR 225 SCULTUPRE (SHARDS OF TIME) Due to unforeseen circumstances, Powning Design Ltd. requires a brief extension to the installation timeline previously provided in the attached agreement between Horseshoe Hills Construction Inc., Powning Design Ltd., and the City of Saint John. The Solicitor's Office has drafted a letter to accomplish this end, as is required under Article 3 of the attached agreement. RECOMMENDATIONS Staff recommends that Common Council: 1. Direct the City Manager and Common Clerk to execute the attached Extension Agreement. Respectfully submitted, Phil Ouellette, MA Intergovernmental Affairs Coordinator Neil Jacobsen Commissioner of Strategic Services J P trick Woods, CGA Cit Manager 67 City Manager's Office Bureau du directeur general www.saiutjohn.ca October 2`"d, 2013 P.O. Sox /C.P. 1971 Saint John, NB /N. -B. Canada EZL 4L1 EXTENSION AGREEMENT Dear Mr. Peter Powning and Horseshoe Hills Construction Inc., �" vv It is our understanding that the Installation Timeframe, as defined in the attached Agreement between the City, Powning and HHC (as respectively defined in the aforementioned Agreement) needs to be modified owing to delays on the part of Mr. Powning. Pursuant to Article 3 of the Agreement, it is necessary to receive the express written consent of the City, Powning and HHC in order to extend the Installation Timeframe. The purpose of this correspondence is to extend the Installation Timeframe until October 22 "d, 2013. Please signify your acceptance of this revised Installation Timeframe by signing below. By signing below you are acknowledging that you have authority to bind the party on whose behalf you are signing. Sincerely, J. Patrick Woods, C.G.A. City Manager Mayor Common Clerk Resolution Date: for Horseshoe Hill Construction Inc. for Powning Designs Ltd. .: BETWEEN: AGREEMENT THE CITY OF SAINT JOHN, of the first part (the *City") and HORSESHOE HILL CONSTRUCTION INC., of the second part ( "HHC ") and POWNING DESIGNS LTD., of the third part (`Powning ") WHEREAS the Province of New Brunswick (the 'Province"), by separate agreement, has authorized the City to place in a designated space along a trail in the City known as "Harbour Passage" a large public art installation entitled "Shards of Time "; AND WHEREAS Powning has created and will be entirely responsible for the installation of Shards of Time; AND WHEREAS the Province has authorized the City and Powning to enter upon the aforementioned lands between the dates of October 15', 2013 and October 151", 2013, inclusive, for the purpose of installing Shards of Time; AND WHEREAS construction activities on/with respect to the Harbour Bridge are underway with HHC serving as the Province's construction contractor. NOW, THEREFORE, the parties do hereby for valuable consideration covenant and agree as follows: 1. HHC acknowledges and agrees that, between the dates of October 16t, 2013 and October 15th, 2013, inclusive, (the "Installation Timeframe') the City and Powning shall have full access to a delineated area of Harbour Passage where Shards of Time shall be installed without interference or interruption owing to or in any way caused by or connected with HHC's construction activities on/with respect to the Harbour Bridge. The aforementioned delineated area of Harbour Passage shall, in all respects, be sufficient in the opinion of Powning to accommodate the installation of Shards of Time and any ancillary or related activities required by Powning to complete such installation, 2. Powning acknowledges and agrees that the Installation Timeframe provides sufficient time for Powning to complete the installation of Shards of Time; 3. The Installation Timeframe may only be changed with the express written agreement of the City, HHC and Powning. 4. All personnel required to be onsite at the aforementioned delineated area of Harbour Passage to assist with the installation of Shards of Time, including but not limited to employees or representatives of Powning and/or employees or representatives of any third parties hired by Powning, shall complete HHC's site safety .• orientation training and wear safety equipment deemed necessary and appropriate for the site by HHC. HHC shall make the aforementioned training available to all relevant personnel within one (1) day of a request for same being made by Powning so as not to delay or otherwise interfere with the Installation Timeframe; 5. Should Shards of Time become damaged or destroyed by HHC prior to the completion of HHC's construction activities on /with respect to the Harbour Bridge, HHC shall be held harmless by the City for any such damage or destruction; 6. HHC acknowledges and agrees that it shall, at all times, respect the delineated area of Harbour Passage where Shards of Time shall be installed, and shall provide a detailed briefing to all of Its employees, agents and/or subcontractors respecting the need to respect the delineated area reserved for Shards of Time and proceed with the utmost caution so as to avoid causing damage to or destroying Shards of Time. EXECUTED this 3 0 day of �= 7151 *X , 2013 THE CITY OF SAINT JOHN By: By: COGNON CLERK 1; RESOLUTION DATE: 4", A7 ad 13 HORSESH HILL CO N CTION INC. By: EVEN ROY, UTIVE OR POWNING DESIGNS LTD. By: ! PETER POWNING, PRESIDENT 70 PROVINCE OF NEW BRUNSWICK COUNTY OF SAINT JOHN I, Peter Powning, of Markhamville, in the County of Queen's, in the Province of New Brunswick, MAKE OATH AND SAY;- 1. THAT i am the President of Powning Designs Ltd., a body corporate under and by virtue of the laws of the Province of New Brunswick (the 'Corporation"), 2. THAT the President of the Corporation is authorized to execute documents in the name and on behalf of the Corporation. 1 That the seal affixed to the foregoing Agreement is the corporate seal of the Corporation and was so affixed by order of the directors thereof. 4. THAT the signature 'Peter Powning' set and subscribed to the foregoing Agreement is in the proper handwriting of me, the deponent, 5. THAT the said signature was subscribed to the foregoing Agreement and the corporate seal affixed thereto for the purpose of execution on behalf of the Corporation. SWORN TO BEFORE ME at the ) City of ` fin the County ) of SaMMand Province of New ) Brunswick, this V1 day of ) e7 m& 2013. 1 ,Q Commissioner of Oaths } Being a Solicitor ) I Peter Downing 71 PROVINCE OF NEW BRUNSWICK COUNTY OF SAINT JOHN SAY:- 1, Steven Roy, of the Town of Bolton, in the Region of Peel, in the Province of Ontario, MAKE OATH AND 1. THAT I am the Executive 'Director of Horseshoe Hill Construction Inc., a body corporate under and by virtue of the laws of the Province of New Brunswick (the "Corporation " ).. 2. THAT the Executive Director of the Corporation is authorized to execute documents in the name and on behalf of the Corporation. 3. That the seal affixed to the foregoing Agreement is the corporate seal of the Corporation and was so affixed by order of the directors thereof. 4. THAT the signature "Steven Roy" set and subscribed to the foregoing Agreement is in the proper handwriting of me, the deponent. 5. THAT the said signature was subscribed to the foregoing Agreement and the corporate seal affixed thereto for the purpose of execution on behalf of the Corporation. SWORN TO BEFORE ME at the } City of Saint John in the Province of ) Ontario, this 2-- a- day of ) v1 , 2013. ) } } Commis ner of Oaths ) Bein Solicitor } 1(-4 4.11 Steven Roy ja u;ON&* wMeo111111ae.• 14401', at.. thou GrONOW6 �AWWCWA"W0hL .., uowrior 7, �0l3. 72 j., PROCLAMATION WHEREAS: as children across Canada return to school, many are beginning their school year with undiagnosed and untreated vision problems that interfere with their ability to read and learn; WHEREAS: 80 percent of learning relies on vision; WHEREAS: one in four school -aged children have vision problems that could interfere with learning; WHEREAS: many vision problems have no symptoms and parents, no matter how well they know their child, cannot determine how well their child sees; WHEREAS: all children deserve the opportunity to learn and achieve their full potential; WHEREAS: to determine if a child sees well, he or she requires a comprehensive eye examination; WHEREAS: public awareness about the role vision plays in learning and learning- related vision problems is necessary for children to receive prompt vision treatment needed to enhance their lives; WHEREAS: it is important that parents, teachers, nurses and others understand the role good vision plays in the learning process and the importance of working together to reduce the impact of untreated vision problems; WHEREAS: public education on the importance of eye exams is critical to ensuring children see well: NOW THEREFORE: I, Mayor Mel Norton, of Saint John do hereby proclaim October 2013 as Children's Vision Month. In witness whereof I have set my hand and affixed the off the Mayor of the City of Saint John. 73 BY -LAW NUMBER M -23 A BY -LAW TO AMEND A BY -LAW RESPECTING THE STOPPING UP AND CLOSING OF HIGHWAYS IN THE CITY OF SAINT JOHN ARRETE N° M -23 ARRETE MODIFIANT L'ARRETk SUR L'INTERRUPTION DE LA CIRCULATION ET LA FERMETURE DES ROUTES DANS THE CITY OF SAINT JOHN Be it enacted by the Common Council of Lors d'une reunion du conseil communal, The City of Saint John as follows: The City of Saint John a decrete ce qui suit: 1 A by -law of The City of Saint John entitled, "A By -law Respecting The Stopping Up and Closing of Highways in The City of Saint John ", enacted on the nineteenth day of December, A.D. 2005, is hereby amended by adding thereto Section 235 immediately after Section 234 thereof, as follows: 235 The City of Saint John does hereby stop up and close permanently the following highway: SOUTH MARKET WHARF, WARD STREET AND PETERS WHARF : All those portions of South Market Wharf, Ward Street and Peters Wharf, public streets in the City of Saint John in the County of Saint John and Province of New Brunswick, as shown on a Plan of Survey titled, "Plan of Survey Showing Ward Street, Peters Wharf and South Market Wharf, City of Saint John, Saint John County, New Brunswick", prepared by Hughes Surveys & Consultants Inc. and dated July 19, 2013 attached hereto. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the * * ** day of * * * *, A.D. 2013 and signed by: 1 Par les presentes, 1'arrete de The City of Saint John intitule, «L'arretd sur l'interruption de la circulation et la fermeture des routes dans The City of Saint John », decrete le 19 decembre 2005, est modifie par 1'ajout de Particle 235 immediatement apres Particle 234, comme suit: 235 Par les presentes, The City of Saint John Barre et ferme de fagon permanente la route suivante : QUA1 SOUTH MARKET, RUE WARD ET QUAI PETERS: Tous les trongons du quai South Market, de la rue Ward et du quai Peters, des rues publiques dans The City of Saint John, comtd de Saint John, dans la province du Nouveau - Brunswick, comme le montre le plan d'arpentage intitule « Plan Carpentage indiquant la rue Ward, le quai Peters et le quai South Market, City of Saint John, comtd de Saint John, Nouveau - Brunswick », prdpare par Hughes Surveys & Consultants Inc. et date du 19 juillet 2013, ci joint. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le * ** * * ** 2013, avec les signatures suivantes : Mayor/Maire Common Clerk / Greffier communal First Reading - Premiere lecture - Second Reading- Deuxieme lecture - Third Reading - Troisieme lecture - 74 STREET CLOSINGS SOUTH MARKET WHARF, WARD STREET AND PETERS WHARF Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending "A By -law Respecting The Stopping Up and Closing of Highways In The City of Saint John" at its regular meeting to be held on Monday, October 7, 2013 at 6:30 p.m. to stop up and close the following highways: SOUTH MARKET WHARF, WARD STREET AND PETERS WHARF: All those portions of South Market Wharf, Ward Street and Peters Wharf, public streets in the City of Saint John in the County of Saint John and Province of New Brunswick, as shown on a Plan of Survey titled, "Plan of Survey Showing Ward Street, Peters Wharf and South Market Wharf, City of Saint John, Saint John County, New Brunswick ", prepared by Hughes Surveys & Consultants Inc. and dated July 19, 2013 attached hereto. (INSERT PLAN) The proposed amendments and plan of the above described highways may be inspected by any interested person at the office of the Common Clerk, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m. Monday to Friday inclusive, holidays excepted. Written objections to the proposed amendments may be sent to the undersigned at City Hall. If you require French services for a Common Council meeting, please contact the office of the Common Clerk at 658 -2862. FERMETURE DE ROUTE QUAI SOUTH MARKET, RUE WARD ET QUAI PETERS Par les pr6sentes, un avis public est donne par lequel le conseil communal de The City of Saint John indique son intention de modifier N Arret6 sur l'interruption de la circulation et la fermeture des routes dans The City of Saint John » lors de la reunion ordinaire qui se tiendra le lundi 7 octobre 2013 a 18:30 h afin d'interrompre la circulation et de fernier les rues suivantes : QUAI SOUTH MARKET, RUE WARD ET QUAI PETERS: Tous les troncons du quai South Market, de la rue Ward et du quai Peters, des rues publiques dans The City of Saint John, comt6 de Saint John, dans la province du Nouveau - Brunswick, comme le montre 1e plan d'arpentage intitui6 « Plan d'arpentage indiquant la rue Ward, le quaff Peters et le quai South Market, City of Saint John, comt6 de Saint John, Nouveau - Brunswick », pr6par6 par Hughes Surveys & Consultants Inc. et date du 19 juillet 2013, ci joint. (INSERER LE PLAN) Toute personne interesse'e peut examiner les projets de modification et le plan des rues de'crites ci- dessus au bureau de la greffiere communale a 1h6tel de ville au 15, Market Square, a Saint John, au Nouveau - Brunswick, entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours fdri6s. Veuillez faire part de vos objections au projet de modification par 6crit a 1'attention du soussign6 a 1'h6tel de ville. Si vous exigez des services en franrais pour une reunion du conseil communal, veuillez communiquer avec le bureau de la greffiere communale au 658 -2862. 75 a vw "` ,. of OVA of M of „�••J"'— � � � � Ktir dv PWK�aw 6&4 , _ 06,006 �...�" r 11 b Ad Nc .fl�?i R. 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'i ,LL THE CITY OF SAINT JOHN NEW BRUNSWICK A By -law Respecting the Closing of Retail Businesses in The City of Saint John By -law Number M -32 An uncertified copy of this by -law is available online 77 Arrete relatif a la fermeture des commerces au detail dans The City of Saint John Arrete numero M -32 Une copie non certifide de Farretd est disponible en ligne TABLE OF CONTENTS Section Description Designation Recitals 1 Title 2 Definitions 3 Interpretation 4 Permitting the Operation 3 of Retail Businesses 5 Offence 6 Repeal RECITALS WHEREAS Common Council deems it advisable to pass this by -law- in order to allow retail businesses to choose their own hours of operations on Weekly Days of Rest; AND WHEREAS subsection 4(1) of the Days of Rest Act (1985) restricts the operation of Retail Businesses on Weekly Days of Rest; AND WHEREAS paragraph I I(1)(e.l) of the Municipalites Act states a municipality may make by -laws permitting or prohiting the operation of Retail Businesses on the Weekly Day of Rest, provided that the Weekly Day of Rest is not also a Prescribed Day of Rest under the Days of Rest Act (1985), and establishing -2- TABLE DES MATIERES Page Article Designation Page 2 Preambule 2 3 Titre 3 3 2 Definitions 3 4 3 Interpretation 4 5 4 Pctmettre 1'exploitation 5 de commerces au detail 5 5 Infraction 5 6 6 Abrogation 6 v PREAMBULE Attendu que : le CONSEIL COMMUNAL juge opportun de prendre le present arrete afin de permettre aux commerces au detail de choisir leurs propres heures d'ouverture les JOURS DE REPOS HEBDOMADAIRE; le paragraphe 4(1) de la Loi sur les jours de repos (1985) restreint 1'exploitation de COMMERCES AU DETAIL les JOURS DE REPOS HEBDOMADAIRE; Falinea I1(1)e.1) de la Loi sur les municipalites prdvoit qu'une municipalite peut prendre des arretes municipaux afin de permettre ou interdire 1'exploitation de COMMERCES AU DETAIL le JOUR DE REPOS HEBDOMADAIRE, en autant que cc JOUR DE REPOS HEBDOMADAIRE n'est pas aussi un hours during which Retail Businesses may operate on the Weekly Day of Rest; 3- JOUR DE REPOS PRESCRIT en vertu de I Loi sur les jours de repos (1985), et etablir les heures pendant lesquelles les COMMERCES AU DETAIL peuvent etre exploites le JOUR DE REPOS HEBDOMADAIRE ; NOW THEREFORE, the Common Council of A CES CAUSES, le CONSEIL COMMUNAL de The The City of Saint John, enacts as follows: City of Saint John edicte : Title Titre 1. This by -law may be cited as the Saint John 1. Le present arrete peut etre cite sous le titre Closing of Retail Businesses By -Law Arrete relatif a la fermeture de commerces (hereinafter the `By- law "). au detail de Saint John (ci -apres « 1' ARRETE» ). Definitions 2. Whenever a word is used in this By -law with its first letter capitalized, the term is being used as it is defined in this Section 2. Where any word appears in ordinary case, its regularly applied meaning in the English language is intended. "City" means The City of Saint John (Municipalite); "Common Council" means the elected municipal council of the City (Conseil communal); "Prescribed Day of Rest" means a prescribed day of rest as defined in the Days of Rest Act (1985) (Jour de repos prescrit); 79 Definitions 2. Dans le present ARRETE, les termes en petites majuscules sont employes au sens defini au present article, les autres mots ayant leur sens ordinaire en francais. « COMMERCES AU DETAIL » designe un commerce au detail tel qu'il est defini dans la Loi sur les jours de repos (1985) (Retail Businesses) ; CONSEIL COMMUNAL >> designe les membres elus du conseil municipal de la MUMCIPALITE (Common Council); « JOUR DE REPOS HEBDOMADAIRE >> design un jour de repos hebdomadaire tel qu'iI est defini dans la Loi sur les jours de repos (1985); et, «JOURS DE REPOS FIEBDOMADAME » a un sens equivalent ( Weekly Day of Rest) ; -4- "Retail Businesses" means a retail business as defined in the Days of Rest Act (1985) (Commerces au detail); "Weekly Day of Rest" means a weekly day of rest as defined in the Days of Rest Act (1985); and, "Weekly Days of Rest" has a corresponding meaning (Jour de repos hebdomadaire). << JOUR DE REPOS PRESCRIT» designe un jour de repos prescrit tel qu'il est ddfini dans la Loi sur les jours de repos (1985) (Prescribed Day of Rest) ; o MUNICIPALITI » designe The City of Saint John (City). Interpretation Interpretation 3. Rules for interpretation of the language 3. Les regles d'interprdtation suivantes used in this By -law are contained in the s'appliquent au present ARRETE. lettered paragraphs as follows: (a) The captions, article and section names and numbers appearing in this By -law are for convenience of reference only and have no effect on its interpretation. (b) This By -law is to be read with all changes of gender or number required by the context. (c) Each reference to legislation in this By -law is printed in Italic font. Where the name of the statute does not include a year, the reference is to the most current applicable Revised Statutes of New Brunswick at the date of enactment of this By -law. Where the name of the statute does include a year, the reference is to the Statute of New Brunswick for that year. In every case, the reference is intended to include all applicable amendments :1 a) Les titres, intertitres ct numbros des dispositions ne servent qu'a faciliter la consultation de I'ARRETE et ne doivent pas servir a son interpretation. b) Le genre ou le nombre grammaticaux doivent etre adaptes au contexte. C) Les renvois ldgislatifs paraissent en italique. Es visent les Lois revisees du Nouveau - Brunswick courantes et applicables A la date de promulgation de 1'arrete sauf mention d'une annde particuliere, auquel cas ils visent les Lois du Nouveau - Brunswick de cette annee- Ia. Dans tous les cas, le renvoi a une loi i ise egalement les modifications qui s'y appliquent, y compris toute legislation de remplacement. Les renvois a d'autres arrdtes de Ia -5- to the legislation, including successor legislation. Where this By -law references other by -laws of the City, the term is intended to include all applicable amendments to those by -laws, including successor by -laws. (d) The requirements of this By -law are in addition to any requirements contained in any other applicable by -laws of the City or applicable provincial or federal statutes or regulations. (e) If any section, subsection, part or parts or provision of this By -law, is for any reason declared by a court or tribunal of competent jurisdiction to be invalid, the ruling shall not affect the validity of the By -law as a whole, nor any other part of it. MUNICIPALITE visent egalement les modifications qui s'y appliquent, y compris tout arrete de remplacement. d) Les obligations qu'il cree s'ajoutent A celles decoulant d'autres arretes applicables de la MUNICIPALITE ou des lois ou reglements federaux ou provinciaux applicables. e) Si une disposition quelconque est declaree invalide par un tribunal competent pour quelque motif que ce soit, la decision n'entache en rien la validity de 1'ARRETE dans son ensemble ni de toute autre disposition. Permitting the Operation of Retail Businesses Permettre 1'exploitation de commerces an detail 4. Retail Businesses are permitted to operate 4. L'exploitation de COMMERCES AU DETAIL on the Weekly Day of Rest, provided that est permise Ie JOUR DE REPOS the Weekly Day of Rest is not also a HEBDOMADAIRE, en autant que ce JOUR DE Prescribed Day of Rest. REPOS HEBDOMADAIRE n'est pas aussi un JOUR DE REPOS PRESCRIT. Offence 5. Any person who violates section 4 of this By -law is guilty of an offence and liable upon summary conviction to a fine of not less than five hundred dollars ($500) and not more than two thousand one hundred dollars ($2,100). Infraction 5. Toute personne qui contrevient la section 4 du present ARRETE est coupable d'une infraction et passible sur condamnation sommaire d'une amende d'au moins cinq cents dollars (500 $) et d'au plus deux mille cent dollars (2 100 $). Repeal 6. A By -law of The City of Saint John enacted on the 12 "' day of March, A.D. 2012 entitled "A By -law related to the Closing of Retail Establishments in the City of Saint John" and all amendments thereto are repealed. Abrogation 6. L'arr6td de The City of Saint John edictd le 12e jour de mars 2012 intitule « Arrete relatif a la fermeture des etablissements de vente au detail daps la ville de Saint John », ensemble ses modifications, sont abroges. IN WITNESS WHEREOF the City of Saint John EN FOI DE QUOI, The City of Saint John a fait has caused the Corporate Common 'Seal of the apposer son sceau municipal sur le present ARRETE said City to be affixed to this By -law the le octobre 2013, avec les signatures day of October, A.D. 2013 and signed by: suivantes - Mayor/Maire Common Clerk/Crreffier communal First Reading - September 30, 2013 Premiere lecture - le 30 septembre 2013 Second Reading - September 30, 2013 Deuxieme lecture — le 30 septembre 2013 Third Reading - Troisieme lecture - BY -LAW NUMBER C.P.106- A LAW TO AMEND THE MUNICIPAL PLAN BY -LAW Be it enacted by The City of Saint John in Common Council convened, as follows: The Municipal Plan By -law of The City of Saint John enacted on the 30th day of January, A.D. 2012 is amended by: 1 Amending Schedule A — City Structure, by redesignating a parcel of land with an area of approximately 89 hectares, located at 1006 Latimore Lake Road, also identified as being PID No. 0043367, from Rural Resource Area and Park and Natural Area to Stable Area classification; 2 Amending Schedule B — Future Land Use, by redesignating the same parcel of land from Rural Resource and Park and Natural Area to Rural Residential classification - all as shown on the plans attached hereto and forming part of this by -law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the " day of *, A.D. 2014 and signed by: Mayor ARRETE No C.P. 106 - ARRETE MODIFIANT L'ARRETE RELATIF AU PLAN MUNICIPAL Lors dune r6union du conseil communal, The City of Saint John a 6dict6 ce qui suit: Uarret6 concernant le plan municipal de The City of Saint John d6cr6t6 le 30 janvier 2012 est modifi6 par: 1 la modification de Fannexe A — Structure de la municipalit6, afin de faire passer la designation dune parcelle de terrain d'une superficie d'environ 89 hectares, situde au 1006, chemin Latimore Lake, et portant le NID 0043367, de secteur de ressources rurales et secteur parc et acre naturelle a secteur stable ; 2 la modification de Fannexe B — Utilisation future des sols, afm de faire passer la designation de la parcelle de terrain pr6cit6e de secteur de ressources rurales et secteur parc et aire naturelle a secteur residentiel rural; - toutes les modifications sont indiqu6es sur les plans ci joints et font partie du present arret6. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arret6 le 2014, avec les signatures suivantes : Common Clerk/Greffier communal First Reading - Premiere lecture Second Reading - Deuxieme lecture Third Reading - Troisi6me lecture Advertiser Name: Saint John Common Clerk Advertiser Code: S71206 Size: 4.00 x 13.00 in. Sales Rep: Doug Thomson PROPOSED MUNICIPAL PLAN AMENDMENT RE. 1006 LATIMORE LAKE ROAD 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: 1. Redesignate, on Schedule A of the Plan, a parcel of land with an area of approximately 89 hectares, located at 1006 Latimore Lake Road, also identified as PID No. 00433367, from Rand Resource Area and Par* and Natural Area, to Stable Area, as illustrated below; 2. Redesignate, on Schedule B of the Plan, the Same parcel of land, from Rural Resource and Park and Natural Area to Rural Residential. A public presentation of the proposed amendment will take place at a regular meeting of Common Council on Monday, October 7, 7073 in the Council Chamber, Lobby Level, City Kali. REASON FOR CHANGE.: To permit a rural residential subdivision. Written objections to the proposed amendment may be made to the Council, in care of the undersigned, by November 6, 2013. Enquiries may be made at the office of the Common Clerk 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 excepted. If you require French services for a Common Council meeting, please contact the office of the Common Clerk. Jonathan Taylor, Common Clerk 658 -2862 PROJET DE MODIRCATION DU PLAN MUNICIPAL OBJET: 1006, CHEMIN LATIMORE LAKE Par les presentes, un avis public esl donne par lequel le Conseil communal de The City of Saint John a ('intention d'etudier la modification du plan d'amenagement municipal comme suit: 1. Modifier la ciLignation, a I'annexe A du plan, d'une parcelle de terrain d'une superficie d'environ 89 hectares, situee au 1006, chemin Latimore Lake, et portant le NID 0043367, afin de la faire passer de secteur de ressources rurates et secteur par[ et alre natwelle a secteur stable, comme it est indique d- dessous. 2. Modifier la designation, C" A I'annexe B du plan, de la parcelle de terrain precitee, afin de la faire passer de sectew de relsources ruroies et secteaf pare et alre natureNe a secteur rEsidentiel lured. Une pn@sentatfon publique du projet de modification aura lieu Jots de la reunfon ordinaire du Conseil communal le lundt 7 oetobre 2013 dans la salle du conseil, au niveau du hall d'entree, A I'hotel de ville. RAISON DE LA MODIFICATION : Permettre un lotissement r6sidentiel rural. Veuillez faire part au conseil par ecrit de vas objections au projet de modification au plus tard le 6 novembre 2013 a ('attention du soussigne. Pour toute demande de renseignements, veuillez communiquer avec le bureau du grefffer communal ou le bureau de I'urbanisme et du developpement a I'h6tel de ville au 15, Market Square, Saint John, N. -B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les fours feries. Si vous avez besoin des services en franpis pour une reunion de Conseil Communal, veuillez contacter le bureau du grefffer communal. Jonathan Taylor, greffier communal 658 -2862 Ad Number: A99511 M ID: 6902625 Current Date: Sep 20 2013 09:17AM Start Date: 9/24/2013 End Date: 9/24/2013 Color: B/W Client Approval OK ❑ .e Corrections ❑ NJ II Seil Dale: Gencode: x= Y: PID 333542 is v 0 DAVID BUSTIN A'G ti KEY PLAN: MAP SME: LEGEND All canpuloliaes perlermed end coordinalts skoaa on This plan an based ee 1be Nn Brunswick STereogrophic Double O p[ojetlion and the NAN31CSRS) ellipsoid, is reofired by S1B s odjusled ttOTdin=le tenumenls or Nigh Precision r 110 Network Eoordinale eonueonls. 02 , ,, G 60 r l0 2 { NOTES P I D 433367 ulrid . 0isl d e e eanunat le ds re2 nerH n seconesI0l 'I. �q� hundredth or r melts I0.00p d 0 DOUGLAS CYR r 3. A!I peripheral infornaliae its derleaf lrom eoribes sources yq� `_,% KIMBERLY WILSON �FQ end should be Verilied, 4. All document and plan Ieleaences reler Is the regisiry i& ollice for The Counly of d� tam 5. Acimllhs Rare derived irno obseryorions or Donumenls REQUEST TO BE ZONED REZONING PLAN LATIMER ESTATES SUBDIVISION BEING DOUGLAS CYR AND KIMBERLY WILSON PROPERTY SIIMR LATIMER LAKE ROAD CITY AND COUNTY OF SAINT JOHN DeSaulniers Surveys Inc. CERTIFIEATION IS NOT ME AS lO LEGAL TITLE, BEING THE DEAMAIN OF A LAIYER, NOR TO THE ZONING BY -LAWS OR REGULATIONS BEING THE DOMAIN OF A DEVELOPIENT OFFICER, I DO HEREBY CERTIFY TO THE CORRECTNESS OF THIS PLAN AND THAT p, 1 HAVE SATISFIED ALL THE REDOIREMENTS OF THE SNyEYS AE T, PID 421566 Surveyed by x Do I e:Oec 9, 2009 A.Ehdrd DeSoulniers N.B.L,S, NB NATURAL RESOURCES AND ENERGY 100 60 ZG o IOD ¢00 300 400 SCALE 1:5000 V _- Drown by: Fieli book: Jab A0.339Ber pl OfL� NI °I f IL I N '4Y IILD ID. 634 our P nor N P4 )ISM3 La A a loll KoLl I ILES 4rrat;v[ aw me h I f Is. XLY PLAN, W SCM MIN sl.w.'d 0 biM1 I[ SIPW.•. rwrq nrlw In d ..w I—Ip P.O.. DID LbW NOTES 1. 111..111 uA rnnle! 111 m IN 'k S. Ali'mi'Wil I'll '"1.4 ['—dow. In"is'. W.4 Its AK 4. 111 d—tsl m planii—ts Wt. .. ED. tpltlt .11'e. I., pie WIT, .1 S. All ~1.11— prrIU,U0 Mr iwilmles ENO I Iles I. of iRSIF DO, III III. 11190.hk S2 "pild' DID Im 1111IIIISR51 trit'U'l. 1, I'dialf Of m" " " , =.I, ...Is mr Klqt Niliflo 100-1 li. Lt•Nllp "', 4,1111( coo, 41 U@"Rb'IS Is. I f DEED DATA I'Do 411st im Is CYR KIWALY 4ILS011 X11 11 go. Ibmi F PIS isroo r/11-/A-t3 tmD T URCINUs VE UP: Ina 13 TENTATIVE SUBDIVISION PLAN LATIMER ESTATES SUBDIVISION WIND POSSIBLE FUTURE DEVELOPMENT UIM,K (III M CmAl' ob ... AD., PREIRDIRE - - PRO0411%. DeSaulniers Surveys Inc. miriarm a Not UK 4 IP LIlIO, FlKr, KM INE MIR Or A Loa, a m TK Kqlw P-Lm w ormAnow orm IK Kolb OF A kDo'llm, wim. I m KNEW (IONIN M [be CNIN'IEM gr Ills RA! a I*, I I" glign 11, 19 aglow- l" . m swK" g'. 51,11, 11 2004 veso"'I", M.P. .5 '1091 ROD MIND rW w XLY PLAN, W SCM MIN sl.w.'d 0 biM1 I[ SIPW.•. rwrq nrlw In d ..w I—Ip P.O.. DID LbW NOTES 1. 111..111 uA rnnle! 111 m IN Z. DID, ..... ... .1, d I Immi'dill 01 r Wp' 111.110. S. Ali'mi'Wil I'll '"1.4 ['—dow. In"is'. W.4 Its AK 4. 111 d—tsl m planii—ts Wt. .. ED. tpltlt .11'e. I., pie WIT, .1 S. All ~1.11— prrIU,U0 Mr iwilmles ENO I Iles I. of iRSIF DO, III III. 11190.hk S2 "pild' DID Im 1111IIIISR51 trit'U'l. 1, I'dialf Of m" " " , =.I, ...Is mr Klqt Niliflo 100-1 li. Lt•Nllp "', 4,1111( coo, 41 U@"Rb'IS DEED DATA I'Do 411st im Is CYR KIWALY 4ILS011 X11 11 go. Ibmi F PIS isroo r/11-/A-t3 tmD T URCINUs VE UP: Ina 13 TENTATIVE SUBDIVISION PLAN LATIMER ESTATES SUBDIVISION WIND POSSIBLE FUTURE DEVELOPMENT UIM,K (III M CmAl' ob ... AD., PREIRDIRE - - PRO0411%. DeSaulniers Surveys Inc. miriarm a Not UK 4 IP LIlIO, FlKr, KM INE MIR Or A Loa, a m TK Kqlw P-Lm w ormAnow orm IK Kolb OF A kDo'llm, wim. I m KNEW (IONIN M [be CNIN'IEM gr Ills RA! a I*, I I" glign 11, 19 aglow- l" . m swK" g'. 51,11, 11 2004 veso"'I", M.P. .5 '1091 ROD MIND rW w U To: Planning & Development (P &D) and Common Council... Our names are Douglas Cyr & Kimberly Wilson. We live at 1010 Latimore Lake Rd. Saint John, NB... We hope after you review this package, you can understand how certain aspects of PlanSJ allows the City of Saint John's P &D dept to "TERMINATE" subdivisions that have already been approved by P &D, PAC & Common Council (such as Latimore Estates). Our Latimore Estates Subdivision has been ongoing since 2004 with the Phase 1 development through to the development stage of Phase 4, where we are today, with plans for more development to come in ADDITIONAL PHASES as was recommended by P &D and PAC on Feb S, 2005 and recommended and approved by P &D and Common Council on Feb 14, 2005 (1St /2 "d reading) & Jul 4, 2005 (with 3rd reading). PLANNING ADVISORY COMMITTEE MINUTES PAGE: 6 FEBRUARY 8, 2005 Item 7: Timothy Kennedy (on behalf of Douglas Cyr and Kimberly Wilson) Proposal: To rezone a very large property in order to eventually carryout a rural residential subdivision. Type of Application: Rezoning and Subdivision One letter with concerns had been received. Mr. Timothy Kennedy, solicitor, appeared before the Committee on behalf of the application and indicated he was in favour of the recommendation. When asked if he had any concerns with the letter, Mr. Kennedy responded the area in question is well known as an area of gravel pits, and placing a condition stating such could make the selling of the lots more onerous for the applicant. Mrs. Odette McGrath, 31 Lackie Road, appeared before the Committee and indicated she is in favour of the development. She is concerned that a condition could be placed on the development denoting Latimore Lake a gravel pit area. Mrs. McGrath indicated there are many homes in the area and not only gravel pits. The Committee considered the report and presentations and adopted the recommendation. It was MOVED and SECONDED I. That Common Council rezone a parcel of land with an area of approximately 904 hectares, located at 880 Latimore Lake Road, also identified as being P1D No. 00433367, from "RS -9M" One and Two Family and Mobile Home Suburban Residential and "RF" Rural to "RR" One Family Rural Residential. 2. That Common Council not give third reading to the rezoning until confirmation is received from N.B. Department of Environment and Public Health Services that Phase 2 of the proposed Latimer Estates Subdivision is acceptable with regards to on -site services. 3. That, if and when third reading to the rezoning is given, that Common Council assent to one or more subdivision plans for proposed Phase 2 of this subdivision development consisting of Lots 2004 -6 to 200417 inclusive, and to any required municipal services and public utility easements. 4. That Common Council accept a cash -in -lieu Land for Public Purposes dedication for Phase 2 of the Latimer Lake Estates Subdivision. 5. That Common Council authorize the preparation and execution of a City/Developer Subdivision Agreement(s) to ensure provision of the required work and facilities, including detailed site and drainage plans for the approval of the Chief City Engineer, for Phase 2 of this subdivision development. MM l� PLANNING ADVISORY COMMITTEE MINUTES PAGE: 7 FEBRUARY 8, 2405 6. That the Planning Advisory Committee grant a variance from the requirements of the Subdivision By -law that would reduce the maximum cul -de -sac length standard of 905 metres to approximately 470 metres for the proposed Cyr Street situated in Phase 2 of the Latimer Lake Estates Subdivision. CARRIED CWPP Item 8: Saint John Industrial Parks Ltd. Proposal: To permit the storage of acetylene gas and other gasses in the 14' Heavy Industrial Park zone. Type of Application: Zoning By -law Amendment to the list of Prohibited uses in the "I4" Heavy Industrial Park zone, as follows: (a) deleting the words "acetylene gas manufacture or storage" and replacing them with "acetylene gas manufacture "; (b) deleting the words "gas manufacture or storage" and replacing them with "gas manufacture ". Mr. Brian Irving, General Manager, Saint John Industrial Parks Ltd., appeared before the Committee on behalf of the application and indicated he was in favour of the recommendation. The question was asked if there are further safety regulations where this is a change from the storage of acetylene gas to the manufacturing of gas cylinders? Randy Pollock responded that the 14' zone provisions presently prohibit the storage or manufacture of gas. The purpose of this amendment is to continue to prohibit the manufacture of gas, but would no longer prohibit the storage of gas. Mr. Pollock continued that the Provincial Department of Public Safety has regulations for how various materials are stored. The applicant will be storing the canisters of acetylene within a closed in wire enclosure. Concern was expressed that there is potential of a risk that gases not appropriate for the 14" zone could be stored in site. Given the fact that it is being proposed to remove the restriction on the storage of all kinds off gasses. Mr. Irving was asked if SJIPL has any control over businesses ocate in n't the park when the lot has been sold to a third party. He responded that they have any say over a sale that may take place to a third party. The Committee considered the report and adopted the recommendation. :• 91 -296 COMMON COUNCIL/ REUNION DU CONSEIL COMMUNAL FEBRUARY 14, 22051 LE 14 FEVRIER 2005 de terrain d'une superficie d'environ 9 800 metres carres (2,4 acres), siiuee au 945, chemin Rothesay etfaisant partie du terrain portant le NID 432203, en vue de la faire passer ]a designation s'y rapportant de zone rurale �K RF » a zone commerciale generale « B -2 u, fasse I'objet d'une premiere lecture. A Tissue du vote, la proposition est adoptee. Premiere lecture par titre de I'arrete intitule a Arrete modifiant I'arrete sur le zonage de The City of Saint John ». Proposition du oonseiller White Appuyee par le conseiller Farren RE SOLO que 1'arr §M intitule a Arrete modifiant 1'arrete sur le zonage de The City of Saint John », modifiant le zonage d'une parcelle de terrain d'une supefcie d'environ 9 800 metres canes (2,4 acres), situee au 945, chemin Rothesay et faisant partle du terrain portant le NID 432203, en vue de la faire passer de zone rurale « RF o a zone commerciale generale « 13-2 )�, fasse !'objet d'une deuxieme lecture. A l'issue du vote, la proposition est adoptee. Deuxieme lecture par titre de 1'arre1:e intitule a Arrete modifiant 1'arrete sur le zonage de The City of Saint John D. Proposition du conseiller Chase Appuyee par le maire suppleant Hooton RESOLD que la oorrespondance relative au sujet susmentionne soit acceptee a titre informatif at qu'un cautionnement soit exige relativement A I'amenagement paysager en vertu des conditions imposees par !'article 39 et, que cette exigence soit ajoutee en trolsieme lecture. A Tissue du vote, la proposition est adoptee. 4.2 (a) Public Hearing - Proposed Zoning By -law Amendment- 880 Latimore Lake Road The Common Clerk advised that the necessary advertising was completed with regard to proposed zoning by -law amendment to re-zone a parcel of land with an area of approximately 104 hectares, located at 880 Latimore Lake Road, also identified as being PID Number00433367, from "RS-IM" One and Two Family and Mobile Home Suburban Residential and "RF" Rural to "RR" One Family Rural Residential classification to permit the development of a rural residential subdivision in various phases over time as requested by Douglas Cyr and Kimberly Wilson. (b) Report from the Planning Advisory Committee Consideration was given to a report from the Planning Advisory Committee submitting a copy of Planning staffs report considered at its February 8, 2005 meeting at which the Committee decided to recommend approval of the proposal as set out in the staff recommendation; and recommending that Common Council: re-zone a parcel of land with an area of approximately 104 hectares, located at 880 Latimore Lake Road, also identified as being PID Number 00433367, from "RS -1M" One and Two Family and Mobile Home Suburban Residential and "RF" Rural to "RR" One Family Rural Residential classification. The Mayor called for members of the public to speak against the re- zoning with no one presenting. The Mayor called for members of the public to speak in favor of the re- zoning with Tim Kennedy, the Solicitor for the applicant advocating for the proposal. On motion of Councillor White Seconded by Deputy Mayor Hooton RESOLVED that the by -law entitled, "A Law To Amend The Zoning By -law of The City of Saint John" by re- zoning a parcel of land with an area of approximately 104 hectares, located at 880 Latimore Lake Road, also identified as being PID Number 00433367, from "RS -1 M" One and Two Family and •N C 91 -297 COMMON COUNCIL 1 REUNION DU CONSEIL COMMUNAL FEBRUARY 14 20051 LE 14 FEVRIER 2005 Mobile Home Suburban Residential and "RF" Rural to "RR" One Family Rural Residential classification 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 Court Seconded by Councillor White RESOLVED that the by -law entitled, "A Law To Amend The Zoning Sy -law of The City of Saint John" by re- zoning a parcel of land with an area of approximately 104 hectares, located at 880 Latimore Lake Road, also identified as being RID Number 00433367, from "RS -1M" One and Two Family and Mobile Home Suburban Residential and "RF" Rural to "RR" One Family Rural Residential classification 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 ". On motion of Deputy Mayor Hooton Seconded by Councillor Court RESOLVED that the documentation relating to the above matter be received for information and that third reading not be given until written confirmation is received from the Departments of Health and Environment Question being taken, the motion was carried. (Councillor Farren withdrew from the meeting before the vote on the above amendment). 4.2 a) Audience publique concemant le projet de modification reiatif a I'arr&te sur le zonage visant le 880, chemin Latimore Lake Le greffier communal indique qua les avis requis ont ete publi6s relativement au projet de modification de 1'arrete sur le zonage visant a rezoner une parcelle de terrain d'une superficie d'environ 104 hectares, sitube au 880, chemin Latimore Lake et portant le N I D 00433357, afin de la faire passer la designation s'y rapportant de zone residentielle de banlieue — habitations unifamiliales, bifamiliales at maisons mobiles « RS-1M p et de zone rurale (c RF » a zone residentielle rurale — habitations unifamiliales a RR m, afin de permettre I'amenagement d'un lotissement residentiel construit an plusieurs phases au fit du temps, a la demande de Douglas Cyr at Kimberly Wilson. b) Rapport du Comite consultatif d'urbanisme Examen d'un rapport du Comite consultatif d'urbanisme accompagne dun exemplaire d'un rapport du personnel de planif!cation qui a ete etudie lors de la r6union du a fevrier 2005 a laquelle le comite a r6solu de recommander ('approbation de la proposition, comme 1'enonce A recommandation du personnel; et recommandant qua le conseil communal proeede au rezonage d'une parcelle de terrain d'une superficie d'environ 104 hectares, situee au 880, chemin Latimore Lake at portant le N I D 00433367, afin de ]a faire passer la designation sly rapportant de zone residentielle de banlieue — habitations unifamiliales, bifamiliales et maisons mobiles a RS -1 M » at de zone rurale « RF v A zone residentielle rurale — habitations unifamiliales « RR v. Le maire invite le public a exprimer son opposition quant au rezonage, macs personne ne prend la parole. Le maire invite ]e public A exprimer son appui quant au rezonage, at Tim Kennedy, avocat du demandeur, prAconise la proposition. Proposition du conseiller White Appuyee par le maire supp16ant Hooton RESOLD qua I'arr@te intitule e Arrbte modifiant I'arrete sur le zonage de The City of Saint John i�-, fasse ('objet de modification 91 91 -620 COMMON COUNCILIRtUNION DU CONSEIL COMMUNAL JULY 4, 2006/Le 4 juillet 2005 5. the Mayor and Common Clerk are authorized to sign any document necessary to finalize this transaction. Question being taken, the motion was carried. 6.4 tlargissement at amelioration de la rue au 471, avenue Rothesay Proposition du c:onseiller Ferguson Appuyee par le conseiller Court RESOLU que, comme le recommande le directeur general . 1. The City of Saint John aequiere l'interet an fief simple d'une parcelle de terrain d'une superficie d'environ 57 metres carres, portant le NID 307918, appurtenant A Laurier Thedault Realty Ltd., pour la somme de 50 $ le metre carre, TVH an sus le cas echeant, comme I'indique de maniere generale le croquis presenter 2. la ville prepare [es plans d'arpentage requis aux fins de transfert; 3. la ville acquitte les honoraires juridiques jusqu'a concurrence de 500 $ engages par Laurier Thedault Realty Ltd. afin de eonclure ladite transaction, tous les frais de traitement applicables aux institutions financieres et tous les frais d'enregistrement necessaires afin de garantir les interets de la ville; 4. la ville retablisse le terrain an question dans I'etat ou it etait avant la construction, s'il y a lieu; 5. le maire at le graff[er communal soient autodses a signer toute documentation exigee afin de conclure ladite transaction. A Tissue du vote, la proposition est adoptee. 6.5 (a) Proposed Re- zoning - 880 Latimore Lake Road On motion of Councillor Court Seconded by Councillor Titus RESOLVED that as recommended by the City Manager, Common Council re -zone a parcel of land with an area of approximately 104 hectares, located at 880 Latimore Lake Road, also identified as being PI Number 433367, from "RS-1 M" One and Two Family and Mobile Home Suburban Residential and "RF" Rural to "RR" One Family Rural Residential. Question being taken, the motion was carried. (b) Zoning By -law Amendment - 880 Latimore Lake Road -Third Reading On motion of Councillor Court Seconded by Councillor Titus RESOLVED that the by -law entitled, "By -law Number C.P. 100 -694 A Law To Amend The Zoning By -law of The City of Saint John" re- zoning a parcel of land with an area of approximately 104 hectares, located at 880 Latimore Lake Road, also identified as being PI Number 433367, from "RS-1 M" One and Two Family and Mobile Home Suburban Residential and "RF" Rural to "RR" One Family Rural Residential classification be read. Question being taken, the motion was carried. The by -law entitled "By -law Number C. P. 100 -694 A Law To Amend The Zoning By -law of The City of Saint John" was read in its entirety. On motion of Councillor Court Seconded by Councillor Farren RESOLVED that the by -law entitled, "By -law Number C. P. 100 -694 A Law To Amend The Zoning By -law of The City of Saint John" re- zoning a parcel of land with an area of approximately 104 hectares, located at 880 Latimore Lake Road, also identified as being PID Number 433367, from "RS -1M" One and Two Family and Mobile Home Suburban Residential and "RF" Rural to "RR" One 92 G-7 41 -621 COMMON COUNCIUREUNION DU CONSEIL COMMUNAL JULY 4, 20051Le 4 juillet 2D05 Family Rural Residential classification be read a third time, enacted and the Corporate Common Seai affixed thereto. Question being taken, the motion was carried. Read a third time by title, the by -law entitled, "By -law Number C.P. 100 -694 A Law to Amend the Zoning By -law of The City of Saint John ". 6.5 a) Projet de rezonage relatif au 880, chemin Latimore Lake Proposition du conseiller Court Appuyee par le conseiller Titus RESOLU que, comme le recommande le directeur general, le Conseil communal procede au rezonage dune parcelle de terrain dune superficie d'environ 104 hectares, situee au 880, chemin Latimore Lake et portant le NID 433367, afiin de faire passer la classification de zone residentielle de banlieue — habitations unifamiliales, bifamiliales et maisons mobiles a RS -1M et de zone rurale « RF b a zone residentielle rurale — habitations unifamiliales RR �. A ]'issue du vote, la proposition est adoptee. b) Troisieme lecture du projet de modification de I'arrete sur le zonage visant le 880, chemin Latimore Lake Proposition du conseiller Court Appuyee par le conseiller Titus R�SOLU que 1'arrete intitule a Arrete no C. P. 100- 694 modifiant I'arrete sur le nonage de The City of Saint John », relativement au rezonage d'une parcelle de terrain situee au 880, chemin Latimore Lake et portent le NID 433357, dune superficie d'environ 104 hectares, afin de faire passer la classification s'y rapportant de zone residentielle de banlieue — habitations unifamiliales, bifamiliales et maisons mobiles c RS-1M » et de zone rurale « RF )> a zone residentielle rurale — habitations unifamiliales a RR v, fasse ('objet d'une lecture. A ]'issue du vote, la proposition est adoptee. L'arrbte intitule a Arrete no C.P. 100694, modifiant le zonage de The City of Saint John )>, est lu integra]ement. Proposition du oonseiller Court Appuyee par le conseiller Farren RtSOLU que l'arrete intitule a Arrete no C. P. 100- 694 modifiant I'arrete sur le zonage de The City of Saint John 3>, relativement au rezonage d'une parcelle de terrain situee au 880, chemin Latimore Lake at portant le NID 433367, d'une superficie d'environ 104 hectares, afin de faire passer la classification s'y rapportant de zone residentielle de banlieue — habitations unifamiliales, bifamiliales et maisons mobiles a RS-IM » et de zone rurale a RF » a zone residentielle rurale — habitations unifamiliales (c RR », fasse ]'objet d'une troisieme lecture, que ]edit arrete soit edicte at que le sceau communal y soit appose. A l'issue du vote, la proposition est adoptee. Troisieme lecture par titre de 1'arr0te intitule a Arrete no C. P. 100 -694 modifiant I'arrete sur le zonage de The City of Saint John )�. 6.6 Renewal of Lease 223- Rodney Terminal Outfall On motion of Councillor Titus Seconded by Councillor Ferguson RESOLVED that as recommended by the City Manager, The City of Saint John renew Lease 223 (Rodney Terminal Sewer Outfall) with the Saint John Port Authority for a further two year term commencing July 1, 2005 at an annual rent of $2,628. plus FIST, if applicable; and that the Mayor and Common Clerk be authorized to sign the submitted letter of renewal. Question being taken, the motion was carried. 93 M Ti W IN 'o N LOT 2004 -3 " I i r PLAN 191728BZ KLY PLAN. WWWR AID 3mr,4z LQfM 1W10 MIN carrel rrin 0 TO Mo. saw W" I'w A, lenrlrl WLCHC IUD. PAR 461 13669 O 2 jo -6 'T AT d"u LOT 2004 .6 AREA BOOPM LOT 2004-2 PLAN 191728132 1. 4 NOTES LOT 20134-1 I. oria,lAs fit ropo,l gll IP Me A— I It, —,J, 1101. k PLAN 19172BB2 Wil"dii .1 . W'rl —4!6 .11 r IN —W LOT 2004-7 t it NN . ...... .. Nmel II N AREA 5088. Z41 4;N az' L07 OD4-11 f AREA 5079m SK I ScIlWid CH'Al'•ft NNI-1, 'I Ilith Pr hbm PW, No.—I, ':.ma NO ,,, kli.d 1'.. 1 —.14. .1 --h ./LOT 2004 -8 (W-1 -1 Willi Inn H11 JqOil 1,04pi" AREA 5511m LOT 2004-12 AREA 6263. PI.- 3368i LOT 2034-9 ChIA A INCS OE[ .Y 0[f1 W MlIft; AREA 6059M ROISIM 2143-16. LAND Bills Ifficliff PAT" ".03 10 a *5- LOTI.2004-13 AREA 55317m LOT 2004-10 IT AREA 7221m LOT 2004.14 AREA 5033. LOT 2004-17 AREA 6920. TENTATIVE SUBDIVISION PLAN LOT 2004-15 LATIKAER ESTATES SUBDIVISION AREA 5019. PHASE 2 LOT 2004-6 TO LOT 2001-17 A I Liml LM M. 1157( AM CWY F SAIA N Ivi - I" MORE THAN 2 M4 LOT 20(M -16 Plo SM61 DeSoulniers Surveys Inc. AREA SOOCm 'aqoviaAm im IS (TR U, purimlim is M, W as IN — 'Mr. Kim INE M14 xivillay 111sm w , 1-" . W'o W "-I1- W.'-, ff&IAIIM KIW w win 0T I WILINW` wp-m Kill", 193mis) r�� aEONERE M 05 13 HIT .,Klr C[RPI" to Sa �C� a MIS ft&V A* 11NAT A's 11116 I I W IM1171MAll Siotil4gr UfLrlh[ 011E 2CM.115-3 Sur re YeA nY F D 7 o 04 rub-i—id -09 0 mz Nis 1,& 0 j IN- it. fto I.." ANN W. *i-jw ME G�nz 95 Seal Dole: Geocmtle: X= Y= a (Vo KEY PLAN: Id4P SCALE: LE�RD All eompulalions perlatmed aid Laordioales Am on ibis pion ore based on the Nei BruASWi[k Slereogrophic Double proje[ lion and the NABB31[S4S) eilipsnl4, as realired by SNB 5 aljusled [oord!Palo molumenls or High Precision NeiPOfk coordiaile mowmeils. NOTES f. Arlmukhs art rounded olf Id Ire Peoresl loo seconds 110 "I. 2. Dislonces ore in iC and ore rounded oil to Ike neoresl handredlh of i main ro.DU. 7. A!I peripheral inrormillon Pas derived Iron voriovs sources and should be veiilitl. 4. Ail documeol end plea reletentes Toler In The reglslry oflice far Ile lonely nd 5. ATimulhs sere derived lion olservallols CI maousemis REZONING PLAN LATIMER ESTATES SUBDIVISION BEING DOUGLAS CYR AND KIMBERLY WILSDN PROPERTY saWL LATIMER LAKE ROAD CITY AND COUNTY OF SAINT JOHN deSoulniers Surveys Inc c[RTIricAilON IS NOT WE AS TO LEGAL TITLE, BEING THE 00MAIN - OF A LAMYER. NOR 70 THE ZONING BY -LANs OR REGIILATIOHL BE IF THE OOLAIN OF A DEYELOPYENT OFFICER. ! Do HER[OY CERTIFY 10 1HE COMECTNESS OF 1111' PLAN AND THAT 1 HAYS SAf1SFIED ALL THE REOUIRENENTS pF THE SINIYEYS ACT. 6urvey ed 6y % Dm 1 e : De c 7 , 2004 A.Edmard DeSnulniere N. B.L.S. TOO BO 20 0 100 2D0 700 400 SCALE 1:5000 D.aen ly: Fie16 I..N: Joh No.3333e2 1 `W KEY PLAN: WP S[N[. �'1'Cy rr -� I 1 , I 1 ne.hr /Mrrx urrN eer p Ar.all y I..d + [elre Ilel n° +5 \ `. 1+ - ., , 1 "! I i `, rar,l Ir.. Ix ■ $rt:'�rrn' 'IL` It-N'. p I. -lex. fN xllrr 1. ,Iru Pll IeglelM ixrl.11. ��ri gel , NOTES �'' `_ - -� 1 i ! { I. kiMlSt Nr I1f11N I!1 la IM xxlll 511 seuaG PP']. \ _ ` \'� � fl, � i 1 •-1 s 1 1 ° °a� t_ orslxiaf ur .ar;r ml I:r rw4GA III k u. neuasl 1 ✓'' / I lrmnr l[lY al r xlrr 117.015. All IrrilYlrll 1111 [IIIIIltl Iron rnNMf foulrt Is clef I I/ \ \`\\ !' d• r ' \ +, ` j In Ilia Ile. xl qxl/ Ir ruilgA \ ' �� 4. All lOI.RlAI Nf IIN [elerlllls relu :r Ik rlf rilrr Ik Cwlll 01 - -- I I` ` \ ``` ` - dP 5 FII Iry.l.li e.i Ifrlunr! rrl rfuG.Ilrt sMll w ils •9 f _ ^ I's ml The WBWICSAst dlgw6 s nll r•.rl Yl }. ` l ";'� LI I /,w G[ luN/i.ole uflvrnli II Ri 11 PI KIti1. II kf It � � �� I 1 �• a �• - �� � ` = - � ! - .� t � f \ o- klrNt rx11�9111 M4Y'l +It- AP jr t ` v -s' e. k�ulls Yue Irr itrl LPR afrF111iwi II r.wnls shy - L _ ',' Ad F.1�? ]S %'.t `\ --�/ 1 S 3 `.•@ T g?' d�'' EEG DATA 1 ° \ IfEA R0� 45134 r r• ¢ - 1 +� + ei s` �• ` r .i 1 .. a! Pld 415161 -. • gYryLRYE I 464 IAA k a + 6j ,>< -rI *eF T+�l S 5�611USY IIIN 1 C g } 1 wT S$1 •i'� ��, S _• � � i \ � A[[B AC IA7NI5! LARD InLE 11 ¢mf.os.ls i' r ?yr y,� •'$r 1 i 1 ;� �` 1s!� o a 4¢[ L1mLEs r a % ..* • ' l � x yr, � �.. -: $�I trr[m4[ oA1l NR+w U ' '� -' 1 °� •�� .yam : � /,§ �a , .�° k �`: 1� r.,� T ; u �� ° }} I r L--''! / ro TENTATIVE SURDIVISION PLAN b RRAS111111AeIy ^J r AA neuaPl 1` i 1� r `r /, - �� °• LATIMER ESTATES SUBDIVISION 9! ISYR[I RF[114[9Yq 27R POSSIBLE FUTURE DEVELOPMENT rill•::- '+ m�— \ DeSaulniers Surveys Inc. °OBAA➢ a A L.M. Ip9 G RE 2rIM w °a�Flf'H- IOPIRM-M Ill. Ir IX11:IYr .9muR[rlr VflGl, 4R6f [[AfNy IP P[ CM&L,9 f a 1415 IWI W I- I w w9lo MI nA RWPm e c 14 9Nf[rs ACI, \� 1 - __• t r f `1, ``i `�.. I I I II li fl urya.a y r i, 2004 G.eN elnixa A.9. c.A. 'MR 0 Ad IN Kid W.SNOr 1 Ca#7 see you not' 3 'allowa re. It h inm nid he bern RvzLvwd 9 L t7 044 Sm YOU J10t al oninG hvre- P,*L% Robw d Z. tpds (ind has I can zoo yoa mw arorifng her: can Too ymi Wready oee- It h" nmbsvi quumea 3Awave-d nol gpft-" kezoned L 4ppj,—d by Commori AFrm,ad 0; Low Density Residentl1al Zones A R-113 R —2 R .4 F TH Multhple Residential Zones PM-1 FL94-2 Business Zones 97 lustItudonal Zones ILA L-2 Indi:!.strtal Zones Other Zones jD RF p 0 SZ -- , .- - -. 1 SEs-'n 23 C1---4y-tCn-3 appl; PlanSJ states residential development will not be allowed in areas marked outside PlanSJ boundaries. We understand why you adopted PIanSJ to a certain degree, but a Rural Residential Subdivision comes at virtually "NO OUT OF POCKET COST" to the city of Saint John. We the Developers, Builder or Home Owner does the following at our cost: -drill wells as we do not connect to city water ($5K & up - no cost to City), - install septic tanks as we do not connect to city sewer ($8K & up - no cost to City) -we completely build the road to city standards $100, 200K, $300K & up (then we give this street to the city — (no cost to City), -we pay for the Dept. Health approval — (no cost to City), -we pay for Lawyers, Surveyors, Engineers and any other business required (upwards of $10K- $100K, 200K or MORE, depends on work required - no cost to the City), NOTE ** *Picking up refuse 26 times per year (for 29 houses) and plowing Estate Drive & Kimberly Street anywhere from 1 -3 days after a snow storm with a single pass up & down each way, should come nowhere near the approx. $100,000 you receive yearly in taxes from the existing residential development. We (Developers) spend "Hundreds.of Thousands" of dollars on each Phase of a Subdivision. So what gives the City of Saint John, P &D or Common Council, the right to automatically REDESIGNATE & REZONE our property, our Subdivision as per PlanSJ without any "COMPENSATION" for the "HUNDREDS of THOUSANDS" of dollars that Doug & I have invested in Latimore Estates to date. Latimore Estates Subdivision is a business to Doug & I. Did Plan SJ, the City of Saint John, P &D or Common Council think that Doug & I would just crawl into a hole & hide and just let this injustice continue. We have been trying since March 2013 to continue with Latimore Estates, to no avail. We have run into road block after road block with P &D to continue with Latimore Estates. .; 0-5 I was informed it would cost me $3500 for a Rezoning & Amendment plan change as our property had already been redesignated (as per PlanSJ) and rezoning will take place at the end of the year (as per Plan SJ). P &D kept saying we needed to pay $1000 for amendment change to try to designate back to what it was previously & to pay $2500 to try to rezone our parcel of land to RR to continue with Latimroe Estates Subdivision, land that we already paid for and is rezoned RR today ? ? ? ? ? ? ?? I called P &D in August 2013, spoke to Jody Clifford. I also instructed Mr. Cliiford that he (P &D) should look over past Latimore Estates records from P &D, PAC and Common Council very carefully, as we have a "TEMPORARY DITCH" (1000'X 30' X 20') in the Phase #4 area of Latimore Estates, that has already been approved to become Banbury Drive when Phase #4 is completed. BUT, if Doug & 1 are not allowed to continue with Latimore Estates in its "entirety", we will not continue to allow storm water to run southward from Kimberly Street on our property any longer. Doug & I will have no choice but to permanently block off this temporary ditch that allows storm water from Kimberly Street to run southward onto our property. This was never a permanent ditch, only a temporary ditch, and to eventually become an actual street (Banbury Drive) with ditches on either side. We submitted documents in previous Phases, that show how we will deal with the storm water issue for Phase #3 &4, and how our storm water plans work together for all future stages of Latimore Estates. For you to stop Latimore Estates in its tracks at Phase #3 (without any consideration to storm water), you are also jeopardizing the residents along Kimberly Street as there will be nowhere for storm water to now run Southward any longer. If we are not allowed to continue with Latimore Estates in its "entiret ' the storm water from Kimberly Street will now have to run Northward, towards Latimore Lake Rd. Now, the City of Saint John can deal with this the storm water from Kimberly Street here on out. /6 In the Fall 2008, our Phase 3 didn't receive final approval due to storm water runoff. 102 0 PIU 00333542 DAVID FRANK PERRY OU511N LANO TITLES EFFECTIVE GATE 2007 -04 -05 LOT 2007 -9 PLAN 25002362 / LOT 2007 -10 PLAN 25002362 Fs r LOT 2007 -IT !O d6C 7� :'LAN 25002762 LOT 2007 -15 PLAN 25D02362 LOT 2007 -16 PLAN 25002362 !3665: 151 I� NO OE335323 WA 6 UTAI2I KLIAT F" K0. 1111 ;KO Lots FRED ma NO 13 PINK Set is EFFECTIVE 053E ?CM-ID-06 �. sm LOT 2008 -22 AREA 5897 I I LOT 2008 -21 AREA 5423 I LOT 2008 -20 AREA 5463 Nr +� LOT 2008 -19 \ Q,4\ 5�'_ LOT 2008 -24 AREA 5502 • Q16 ,r.!�`• , ` I AREA 5040 d � L �•,,,`, V� ` A \ LOT 2009 -25 LOT 2008 -I9 1,,s AREA S94 a 7 AREA 5649 I LOT 2003 -26 AREA 5040 I 1511 f a ,/r \ LOT 200 \ \ \\ rs AREA 5040 4D d 1 / LOT 20DO -28 ' $' F AREA 5040 I \ P10 00433367 .= LOT 2008 -29 LLy'� DOUGLAS JOSEPH CYR Y KIMBERLY AIR WILSON AREA 5332 I S -' 103 - PUBLIC UTILITY EASEMENTS I.e PN111r 1111!!! el s Meth 11.1..1 IFII Ile 1rsl i. 111 P1.er Gunli.. 91 lie rile IT S111i J411 l.r dal In Sfr1111 % II d.• .I It, iIP.1 +l1f P1tauP W ewe Re1.P In M 71 T. EI ].1111 Ire sW1 a 1011 Vt �_1 SIGNATURE OF AGENT L G i. YE s MEN 5, DEED DATA Plo oo9A>!6r o�rAy InSi� ILri 111ABLk, AL: I6W'i lYR rll! s [Ff[[r]Af HI[ 20Yt2 -9a KEY ALAN: WRKCP 25 o1LO/I11Nr2rR WA-52 rJ fYW TENTATIVE O ? ?? YI L .• sle.Mrl rnr[, nren u p •4:. N A, .rner L.0 uW.na Nr r nl un In u. GlnitN. Nlnl SW.re rtl'ef No M ., Yore.! q [u .1 11 Iy11n111 II rube 1 [ A,lee1 q 1.[ AN NP,I ��W rnlr .pk YyY Gekr re.l L"I rn 1: 1111111 Plo M1.M I["re .. 3.1.1.111 ...1111.1. NOTES 7 PHASE 3 Ae!.IN, IN, loan!'! 111 Ir IL! 111,40 let ttn11[ SIB'1. i. I:slluet ur .1i1i11.1 ue r9uG1 eel to lie uuesl LOTS 2008 -18 TO - OD8 -29 k.In11M1 +I 0 Ael11 10.011. 11,1 N' EpNl17 Sol" M. All Ie1991IN111 111. m'ar'l Inn 1,111905 s Fm It 2.111 .I Ili. Hill Nf LIWII 11 rel ll nl r INCI BE Fri Claim. 6.:} g / t• �� DeSGulniers Surveys Inc. / 111 Im.Pr11 ..I PIG Ile Yells nil! :. IL! n4101t 91f1n IN, Pit Cn.1, .I S.1e1 hill. W. as, ' "S.: t: '•Y % SIGNATURE 4F OWNERS S, All KNIl1, PIN V1, 11 C N1 n UP. INs NIN 9. 111[ !In m 1.Ir1 .. 11. R., 1..1..1[6 SGrI.A1 J11r O[. lI N91el Ills o,/ Ine [14.1.L5R51 [1111pi S�.r lea Ir ,11y 29. 3008 GR -� 1 .�Swln EtnT.S. r _ 2[I Is IP 5 0 20 .0 W IN 511 s::i NA PIlrltiK.I.I.sr1111111'1t.o.imlls- 91ELKY WILSON LOT 2008 -27 6. Aunr16. .... d'ru'g Im US 0,11Hl PIN 11 .91u.Nlr 11154. 101!5 GA 311N5 AREA 5015 I 7. Ill l.nen .J INIL Pill 11 le Iltllt 12 1rI1111M tell, P10 00433367 .= LOT 2008 -29 LLy'� DOUGLAS JOSEPH CYR Y KIMBERLY AIR WILSON AREA 5332 I S -' 103 - PUBLIC UTILITY EASEMENTS I.e PN111r 1111!!! el s Meth 11.1..1 IFII Ile 1rsl i. 111 P1.er Gunli.. 91 lie rile IT S111i J411 l.r dal In Sfr1111 % II d.• .I It, iIP.1 +l1f P1tauP W ewe Re1.P In M 71 T. EI ].1111 Ire sW1 a 1011 Vt �_1 SIGNATURE OF AGENT 6.... a.: K. 754.1". r. !366640 i. YE s DEED DATA Plo oo9A>!6r o�rAy InSi� ILri 111ABLk, AL: I6W'i lYR rll! s [Ff[[r]Af HI[ 20Yt2 -9a o1LO/I11Nr2rR WA-52 %PKIFI[K m-PS.11 TENTATIVE SDBDIVISIDN PLAN LATIMER ESTATES SUBDIVISION PHASE 3 LOTS 2008 -18 TO - OD8 -29 :.n1rt 11,1 N' EpNl17 Sol" M. r INCI BE Fri Claim. DeSGulniers Surveys Inc. IF I IAWL[ I1 o14WIRml it LYSIOR`ING ITTIIIM IN SIN 1,x X, Or +oemow[w warm I WI[AB•al11n 10 Ml IKALCIW. G IIIIS 9L1Y 4P 11rS I w W IFTIP µL 1K M011AI1[Y15 m IIA 9R[,S Arr SIGNATURE 4F OWNERS OtlIGIS CYC S�.r lea Ir ,11y 29. 3008 GR -� 1 .�Swln EtnT.S. 2[I Is IP 5 0 20 .0 W IN 91ELKY WILSON SCNL 111091 Om1 4. L.t.o run — m IW 0&�2i We then found out that New Brunswick was in the process of adopting a Storm Water Management plan in Winter 2008/2009. We found out what Engineering firm did the Best Practices for Storm Water Management study /report for New Brunswick. We then hired that exact same Engineering firm, out of Fredericton to help us deal with the Storm Water issues for Phase 3, Phase 4 and the remainder of our Subdivision. We figured if New Brunswick is going to use the reports from this Engineering firm, they must be an engineering firm who understand & manages storm water in great detail. And they we not cheap, but with the scope of the storm water we had and were going to deal with for Latimore Estates, we needed the BEST of the BEST. And they were the BEST. 104 BEST PRACTICES ASSESSMENT STORMWATER MANAGEMENT FINAL REPORT submitted to New Brunswick Environment Industry Association (NBEIA) �- GEAffEC CONSULTING IID S G T ESIG 1 :ER8 A �i� S i`WS 105 by GEMTEC Limited FILE: 452$.01 - R03 FEBRUARY 2008 GEMTEC a GROUND ENGINEERING & MATERIALS TECHNOLOGY 191 Doak Road Fredericton, NS EX 2E6 February 18, 2008 New Brunswick Environment Industry Association P.O. Box 637, Station `A' 921 College Hill Road Fredericton, NB E313 5133 Attention: Carol Tibbitts, Executive Director TEL: (506) 453 -1025 FAX: (506) 453 -9470 File: 4526.01 - R03 (FINAL) RE. BEST PRACTICE'S ASSESSMENT - STORMWA TER MANAGEMENT We are enclosing six hard copies and one digital copy in pdf format of our report on the Best Practices Assessment for Storm Water Management. Sincerely, (s Im Q Sayed Ismail, Ph.D., FCSCE, P. Eng. Sllpb Enclosures 4526.61- R63(Final Report).doc iST # R101977536 Geotechnical and Materials Engineering • Hydrogeology • Materials Testing and Inspection Environmental Engineering - Solid Waste Management • Transportation Engineering Certified Lab .0283 Concrete 106 U Planning Advisory Committee meeting April 21, 2009.... 107 DATE: APRIL 17, 2009 TO: PLANNING ADVISORY COMMITTEE FROM: COMMUNITY PLANNING PLANNING AND DEVELOPMENT FOR: MEETING OF APRIL 21, 2009 Municipal Plan: Mario O'Hearn Zoning: Planning Officer Name of Applicant: Douglas Cyr and Kimberly Wilson Name of Owner: Douglas Cyr and Kimberly Wilson Location: 880 Latimore Lake Road PID: 00433367 Municipal Plan: Unserviced Residential Zoning: "RR" One Family Rural Residential Proposal: To undertaken further phases in a developing rural residential subdivision. Type of Application: Subdivision and Variances that would: (a) Increase the maximum continuous street length allowance of 360 metres (1,200 feet) to approximately 445 metres (1,460 feet); and (b) Reduce the minimum lot depth requirement of 40 metres (131 feet) to approximately 20 metres (66 feet). HE Latimer Estates Subdivision (Phases 3 -A & 4) 880 Latimore Lake Road JURISDICTION OF COMMITTEE: Page 2 April 17, 2009 The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning the subdivision of land, including the assent of streets, land for public purposes, and public utility easements, as well as the authorization of City/Developer Subdivision Agreements. The Act also authorizes the Committee to grant reasonable variances from the requirements of the Subdivision and Zoning By -laws. The Committee can impose conditions. Finally, the Subdivision By -law authorizes the Committee to approve new street names. STAFF RECOMMENDATION TO COMMITTEE: That Common Council assent to one or more subdivision plans, in one or more phases, for Phases 3 -A & 4 of the Latimer Lake Estates Subdivision, including any necessary public utility easements, but with respect to Phase 4 that the subdivision plan be amended as follows: (a) That Banbury Drive be designed in a similar manner as the proposed extension of Estate Drive in order to create a parallel street without any curvature; and (b) That at least a 1.13 hectare (2.79 acre) Land for Public Purposes dedication with a minimum street frontage of 20 metres (66 feet) be shown on the revised plan. 2. That Common Council authorize the preparation and execution of one or more City/Developer Subdivision Agreements to ensure provision of the required work and facilities, including detailed site and drainage plans for the approval of the Chief City Engineer, for this subdivision development. 3. That the Planning Advisory Committee only grant a variance from the requirements of the Subdivision By -law that would increase the maximum continuous street length allowance of 360 metres (1,200 feet) to approximately 445 metres (1,460 feet) for the proposed extension of Estate Drive, and if necessary the recommended revised design of Banbury Drive, on the condition that no further phases of this subdivision development be sought for tentative approval until a revised overall subdivision design for the entire subject property is submitted to the Development Officer. 4. That the Planning Advisory Committee approve the new street name "Banbury Avenue." BACKGROUND: In July 2004 the Planning Advisory Committee favourably considered the initial phase of this subdivision development. This first phase consisted of five unserviced residential lots abutting Latimore Lake Road. 109 9 Latimer Estates Subdivision (Phases 3 -A & 4) Page 3 880 Latimore Lake Road April 17, 2009 In February 2005 the Committee favourably considered the second phase of this subdivision.. That application involved 12 unserviced residential lots along a new public street (Estate Drive). The application also involved the rezoning of the overall 104 hectare (257 acre) property. A conceptual subdivision plan was also submitted (see attachments). In July 2005 the Committee approved the street name "Estate Drive" instead of the originally requested name "Cyr Street," which was not acceptable to staff. In November 2005 the Committee granted variances to allow for the creation of a 6 metre (20 foot) wide drainage easement between two of the proposed lots (now 20 & 30 Estate Drive). In August 2008 the PAC considered the third phase of this subdivision consisting of another new public street (Cyr East Street) with 12 unserviced residential lots (see attachments). The Committee recommended all the necessary assents and approvals for this phase of the development. In September 2008 the Committee approved the street name "Kimberly Street" instead of the originally requested name "Cyr East Street," which was not acceptable to staff. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has provided the following comments concerning this application: (a) There are no municipal sewer and water services available to this area of the community. (b) It is understood that the Developer is the landowner of the entire subject property where the proposed gravel temporary turnarounds would be constructed and maintained in order to allow for proper traffic turning and manoeuvrability. (c) Detailed engineering plans (storm drainage and street), along with a storm water design report, must be submitted by the Developer's engineering consultant for approval by the City (Municipal Operations and Engineering) with regards to these phases of the subdivision development. (d) Long, straight streets should be avoided as this promotes speeding. The design should also encompass proper street interconnections and drainage networks for the entire subdivision. (e) With regards to Phase 4, there is a variance request for proposed Lot 2009 -16. The proposed street design in this area is not recommended as there is concern with respect to the geometric design and provision of adequate site distances due to the curvature of the proposed street. It is recommended that this proposed portion of Banbury Drive be realigned in order to match the proposed extension of Estate Drive and avoid the intersection with an unnamed future street as illustrated. 110 Latimer Estates Subdivision (Phases 3 -A & 4) Page 4 880 Latimore Lake Road April 17, 2009 (f) A revised overall concept plan should be required prior to the consideration of any further phases of this subdivision in order to avoid unnecessary long straight streets, ensure proper street alignments, and promote effective storm sewer management. Buildings and Inspection Services has no concerns with regards to the creation of the proposed residential lots. However, any future excavation of the area must be carefully regulated in accordance with City by -laws. Saint John )ire Department has been advised of this application. Saint John Transit has been advised of this further subdivision development. Leisure Services has been advised of this matter. Geographic Information Systems (Planning and Development) has advised that "Banbury" is acceptable. However, standard naming conventions would encourage the suffix to be changed from "Drive" to either "Street" or "Avenue." Also, the proposed new street intersection Banbury Drive between Lots 2009 -16 & 2009 -31 will require a different name if approved- N.B. Department of Health has verbally indicated that no application has been submitted for the proposed new lots (Phase 4). The lots originally shown on Phase 3 (now Phase 3 -A) were deemed acceptable with modification. Based upon the soil conditions in the developing area, it is anticipated that these lots can be made suitable for the installation of private on -site septic disposal systems. Please note that tentative approval will be conditional upon written confirmation from Health that these proposed lots in Phase 4 are acceptable with regards to the installation of private on -site septic disposal systems. N.B. Department of Environment has been advised of the further phase of this rural residential subdivision. A Comprehensive Water Supply Assessment was submitted for their review concerning Phase 3 in early 2008. Favourably comments were received from Environment in November 2008. Environment has not indicated whether any further assessment will be necessary for this new phase (Phase 4) of the subdivision development. Tentative approval will be conditional upon written confirmation from Environment that the proposed lots in Phase 4 are acceptable with regards to the well water quality and quantity. School District 8 has been advised of this residential development. Saint John Energy has indicated that there are existing overhead facilities along Kimberly Street that can be extended in order to service the new phases of the subdivision. Any costs and servicing details can be discussed with the Developer at a later date. Aliant has indicated that an extension of overhead facilities will be required. This work will be coordinated with Saint John Energy and the Developer. Rogers has been advised of this development. 111 25 2� Latimer Estates Subdivision (Phases 3 -A & 4) Page 5 880 Latimore Lake Road April 17,2009_ Maritimes & Northeast Pipeline has no concerns with regards to this proposed development. ANALYSIS: As mentioned in the Background section of this report, the Planning Advisory Committee has been considering phases of a developing rural residential subdivision known as Latimer Estates Subdivision since July 2004. A further application has been received concerning Phases 3 -A & 4. Phase 3 -A is a revision to the previous Phase 3 which was approved by the City last year. Phase 4 would be a new phase of this developing subdivision (see attachments). Development Proposal — Phase 3 -A With respect to Phase 3 -A, Kimberly Street was fully constructed late last year, and Lots 2008 -18, 2008- 27 & 2008 -28 were recently approved by the Development Officer. However, the remaining portion of this street (now Lots 2008 -19 to 2008 -26) cannot be approved until the storm drainage has been properly addressed. Staff had suggested that a detention pond could be constructed in the vicinity of Lot 2008 -19 to address this matter, but the Developer would rather avoid the necessity of such a pond and is proposing instead to direct storm drainage towards the southeast (proposed Banbury Drive). This will require excavation of the area that is mentioned later in this report. Provided Phase 3 -A is assented to by Common Council, which now shows a public street (Banbury Drive) between Lots 2008 -26 & 2008 -27 (please compare the attached tentative Phase 3 with 3 -A plans), the remaining lots along Kimberly Street can be approved once the storm drainage for the area has been developed, and the overhead utilities installed. Approvals from N.B. Departments of Health and Environment have already been received for this phase of the development, and the necessary cash - in -lieu Land for Public Purposes dedication has been delivered. Development Proposal — Phase 4 The further phase of the Latimer Estates Subdivision would consist of 21 new unserviced residential lots along public streets. Most of the proposed lots can satisfy the minimum lot dimension standards of the "RR" One Family Rural Residential zone. However, the following variances would be necessary: (a) A maximum continuous street length of 360 metres (1,200 feet) is imposed on new streets. From the intersection of Kimberly Street, Estate Drive would be extended approximately 445 metres (1,460 feet), a difference of 85 metres (260 feet) more than normally allowed; and (b) Technically, proposed Lot 2009 -16 only has a depth of 20 metres (66 feet). A minimum depth of 40 metres (131 feet) is required. Consideration of Variances and Recommended Condition As mentioned, the Subdivision By -law limits the length of a street to a maximum of 360 metres (1,200 feet) in new subdivisions. The Committee has granted variances in rural residential subdivisions to allow this standard to be slightly increased given the greater size of unserviced lots as compared to serviced subdivisions which this standard is primarily based upon. 112 Latimer Estates Subdivision (Phases 3 -A & 4) Page 6 880 Latimore Lake Road Aprii 17, 2009 As mentioned in both the previous August 26, 2008 report, and the original February 8, 2005 report that dealt with the rezoning of the entire subject property, staff has expressed a number of times the concern with regards to the proposed long straight public streets envisioned for this development. While staff has no concern allowing Estate Drive to be extended approximately 445 metres (1,460 feet) from the Kimberly Street intersection, a condition is recommended that no further phases of this subdivision be submitted for tentative approval until a revised overall design for the property be submitted to the Development Officer. In preparing this overall design, discussions between planning and engineering staff and the Developer (and their consultants) should take place to ensure this overall design will be acceptable to City staff. Given the large area of the subject property available for development, staff cannot support the depth variance for proposed Lot 2009 -16. Furthermore, it is recommended that a portion of Banbury Drive where this lot is situated be revised, which would substantially alter the dimensions of this lot in any event. This street design revision is discussed in the next section of this report. Required Subdivision Work and Facilities The Subdivision By -law requires the construction of the proposed public streets to Country Road Standards. These standards include a 7.5 metre (25 foot) wide asphalt driving surface with 1.8 metre (6 foot) wide gravel shoulders and 0.6 metre (2 foot) deep ditching. Overhead public utilities will also be required. Streets in rural residential subdivisions do not have curbing or sidewalks. The recommendation includes authorization of necessary City/Developer Subdivision Agreements should the Developer wish to obtain final subdivision approval before completing all the necessary street work for this next phase (Phase 4) of the subdivision development. As mentioned in previous reports, the execution of an Agreement allows for a developer to construct the road up to a granular `B" material without requiring an asphalt surface until two (2) years from the date that the Agreement is executed. However, sufficient security for the remaining work and liability insurance must accompany this Agreement. In the former phases the Developer has completed all the necessary street work before seeking final subdivision approval. Should they wish to proceed again on this basis engineering plans (storm drainage and street) will need to be approved by Municipal Operations and Engineering prior to undertaking any new street construction. Also, the Development Officer cannot endorse the final subdivision plan for Phase 4 until written confirmation is received from N.B. Departments of Public Health and Environment indicating that these proposed lots are suitable for private facilities (drilled wells and on -site septic disposal systems). In the case of the Environment, a further assessment report may be needed in order to ascertain their written comments. At the time of preparing this report staff was unable to determine if this would be the case. These matters will be clearly communicated to the Developer in writing should the subdivision receive tentative approval. Recommended Revision to Banbury Drive Municipal Operations and Engineering has expressed concern with regards to the alignment of Banbury Drive and the intersection with another proposed street (not named) in the vicinity of Lots 2009 -16 & 113 U Latimer Estates Subdivision (Phases 3 -A & 4) Page 7 880 Latimore Lake Road April 17, 2009 2009 -31 (see Municipal Operations and Engineering comments). In short, Engineering does not recommend the curvature of this street and the proposed intersection. Therefore, it is being recommended that this portion of the tentative plan be revised accordingly. All the necessary assents and approvals have been included in the recommendation with regards to this subdivision development. Land for Public Purposes The Municipal Development Plan encourages the acquisition of land with respect to satisfying the Land for Public Purposes requirement for a rural residential subdivision. The Subdivision By -law requires a L.P.P. dedication equal to ten (10) percent of the area of land being subdivided (exclusive of public street rights -of -way). A land dedication of 1.13 hectares (2.79 acres) is required for Phase 4. As mentioned in previous staff reports, and consistent with the Municipal Plan policies, the overall development of this large property should contain a central L.P.P. dedication(s) acceptable to the City. This matter has also been discussed a number of times with the Developer and their surveyor. The submitted tentative plan for Phase 4 does not illustrate any L.P.P. dedication. It is presumed that cash -in -lieu dedication is being requested instead. While a cash dedication has been acceptable for the initial phases of this subdivision, given the increasing size of the subdivision, and the more central location of the latest phase, only a land dedication can be now supported. Therefore, it is recommended that the Phase 4 tentative plan also be amended in order to provide the required 1.13 hectare (2.79 acre) L.P.P. dedication. This dedication must also have at least a 20 metre (66 foot) wide public street frontage. It should be noted that staff would not be opposed to later exchanging such land dedication for other parcels that could eventually see the development of linear walking trails through the property, the protection of important ecological areas, or dedications that were even more central to the overall subdivision development. Street Naming The naming of the proposed new street requires the approval of the Planning Advisory Committee. The requested street name "Banbury" is acceptable. However, it has been suggested that the suffix be „ iC changed from Drive 77 iG to either Street !, "Avenue. Avenue. Therefore, it is being recommended that the suffix be changed to "Avenue" (though staff has no objection to "Street" if requested by the applicant). Future Excavation Application Should these phases receive tentative approval, a further application with respect to the anticipated excavation of land within the Phase 4 area will be submitted to the Planning Advisory Committee. This application will contain specifics with regards to the regrading of the site in order to properly develop a storm sewer management program for the subdivision (especially Phases 3 -A & 4). This application will be made under the provisions of 810(11) of the Zoning By -law. Any present concerns with existing slopes and surface drainage will be resolved with the anticipated excavation. Upon the completion of 114 Latimer Estates Subdivision (Phases 3 -A & 4) 880 Latimore Lake Road Page 8 April 17, 2009 the regrading investigations with respect to on -site private services for the proposed lots of Phase 4 would then be undertaken. CONCLUSION: The applicant is proposing to revised a previously approved phase and undertake a further new phase in a rural residential subdivision. After careful consideration, it is recommended that certain amendments be made with respect to the new subdivision phase as discussed in the report. An important change to the Phase 4 plan will be the inclusion of Land for Public Purposes. It is also recommended that only one of the requested variances be granted relating to street length, while the other variance concerning lot depth cannot be supported in this case (and will not be necessary if the recommended street design revisions are adopted as discussed in this report). With the mentioned revisions, all the necessary assents and approvals are recommended for the requested phases of this rural residential subdivision. MRO Project Nos. 08 -374 & 09 -082 115 C_�) 3U Common Council meeting April 27 /May 4, 2005... 116 C3/) 94-438 COMMON COUNCILICONSEIL COMMUNAL APRIL 27 & MAY 4, 20091LES 27 AVRIL ET 4 MAI 2009 3. qua le conseil communal autorise la redaction at la signature de contrats de lotissement entre la Ville et le promoteur afin de permettre 1'execution des travaux requis et la mise an place des installations necessaires, notamment an ce qui conceme I'eiaboration de plans de situation at de drainage detailles soumis a I'approbation de I'ingenieur municipal an chef. A ('issue du vote, la proposition est adoptee. 13.3 Latimer Estates Subdivision (Phases 3 -A & 4) 880 Latimore Lake Road On motion of Councillor Court Seconded by Councillor Mott RESOLVED that as recommended by the Planning Advisory Committee: 1. Common Council Assent to one or more subdivision plans, in one or more phases, for Phases 3 -A & 4 of the Latimer Lake Estates Subdivision, including any necessary public utility easements, but with respect to Phase 4 that the subdivision plan be amended as follows: (a) Banbury Drive be designed in a similar manner as the proposed extension of Estate Drive in order to create a parallel street without any curvature; and (b) At least a 1.13 hectare (2.79 acre) Land for Public Purposes dedication with a minimum street frontage of 20 metres (66 feet) be shown on the revised plan; and further 2. Common Council authorize the preparation and execution of one or more City/Developer Subdivision Agreements to ensure provision of the required work and facilities, including detailed site and drainage plans for the approval of the Chief City Engineer, for this subdivision development. Question being taken, the motion was carried. 13.3 Projet de lotissement Latimer Estates (phases 3 -A at 4) visar t le 880, chemin Latimore Lake Proposition du conseiller Court Appuyee par le conseiller Mott RESOLU qua, comme le recommande le comite consultatif d'urbanisme : 1. le Conseil communal approve le ou les plans de lotissement, an une ou plusieurs phases, dans le cadre des phases 3-A at 4 du projet de lotissement Latimer Lake Estates, y eompris toute servitude de services d'entreprise de service public exigee, toutefois, relativement a la phase 4, qua plan de lotissement soft modit pour indiquer ce qui suit a) qua la promenade Bandury soit conque de maniere semblable au prolongement propose de la promenade Estate afin de creer une rue parallele sans courbe; b) qu'un terrain d'utilit6 publique d'au moins 1,13 hectare (2,79 acres) avec une limite frontale minimale de 20 metres (66 pieds) soit indique dans le plan revise; 2. le Conseil communal autorse is redaction at la signature de contrats de lotissement entre la Ville et le promoteur afin de permettre 1'execution des travaux requis at la mise an place des installations necessaires, y compris ['elaboration de plans de situation at de drainage detailles soumis a I'approbation de I'ingenieur municipal an chef relativement e I'amenagement dudit lotissement A ('issue du vote, la proposition est adoptee. 13.4 Water Committee Update On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the report entitled Water Committee Update be received for information. Question being taken, the motion was carried. 117 02- Planning Advisory Committee meeting May 20, 2009.... 118 33 DATE: MAY 15, 2009 TO: PLANNING ADVISORY COMMITTEE FROM: COMMUNITY PLANNING PLANNING AND DEVELOPMENT FOR: MEETING OF MAY 20, 2009 Maik 3 °Ucam Planning Officer SUBJECT: Name of Applicant: Douglas Cyr and Kimberly Wilson Name of Owner: Douglas Cyr and Kimberly Wilson Location: 880 Latimore Lake Road PID: 00433367 (portion thereof) Municipal Plan: Unserviced Residential Zoning: "RR" One Family Rural Residential Proposal: To undertake an excavation of land in order to prepare a portion of the subject property for subdivision development. Type of Application: Conditional Use JURISDICTION OF CONMTTEE: The Zoning By -law authorizes the Planning Advisory Committee to impose terms and conditions upon the excavation of land greater than one metre for the purposes of preparing a site for development permitted in the "RR" One Family Rural Residential zone. 119 (3V-) Latimer Estates Subdivision (Excavation) Page 3 880 Latimore Lake Road May 15, 2009 allow for the creation of a 6 metre (20 foot) wide drainage easement between two of the proposed lots (now 20 & 30 Estate Drive). In August 2008 the Planning Advisory Committee considered the third phase of this subdivision consisting of another new public street (Cyr East Street) with 12 unserviced residential lots. The Committee recommended all the necessary assents and approvals for this phase of the development. In September 2008 the Committee approved the street name "Kimberly Street" instead of the originally requested name "Cyr East Street," which was not acceptable to staff. In April 2009 the PAC favourably considered an amendment to the third phase of the subdivision development, and recommended a fourth phase (see attachments) with certain changes to the subdivision plan. These changes involve the removal of a curvature on proposed Banbury Drive, and the inclusion of the necessary Land for Public Purposes dedication. A cash -in -lieu dedication was not acceptable. The Committee also granted a variance to allow an extension to Estate Drive extension, and approved the new street name "Banbury Avenue." INPUT FROM O'I'LER SOURCES: Municipal Operations and Engineering has provided the following comments concerning the proposed site development excavation: (a) Due to the scale of the proposed excavation, which will involve heavy construction equipment and significant truck traffic, there is concern with regards to the impact this will have on newly constructed City streets. The developer should be required to construct and use a temporary access road within the development for the transportation of excavated materials from the site and avoid any construction traffic on public streets, which are currently in very good condition. This private access road could be situated perpendicular to Latimore Lake Road and adjacent to civic 1000 Latimore Lake Road. As well, this proposed access road location is along a portion of Latimore Lake Road that provides good site distances. (b) It is understood that in addition to a small portion of Kimberly Drive that has been vested to the City, the remaining much longer portion is anticipated to be vested in the near future. Kimberly Drive was constructed by the developer last year, and the allowance of the number of trucks for the duration proposed is not recommended. (c) As previously requested, detailed engineering plans (drainage and street), and a storm water design report, must be submitted by the developer's consultant for review and approval. Buildings and Inspection Services has provided the following comments regarding this application: (i) Based upon the information provided, and the topographical information available to the city, it appears that the excavation may be optional and not necessary for the continuation of the residential subdivision. Further information will be required in order to fully analyze the proposal. 120 03�5 Latimer Estates Subdivision (Excavation) Page 2 880 Latimore Lake Road May 15, 2009 STAFF RECOMMENDATION TO COMMITTEE: That the Planning Advisory Committee permit the excavation of land for the purposes of preparing the necessary portion of the subject property for the tentatively approved Latimer Estates Subdivision Phase 4 development at 880 Latimore Lake Road with the following additional terms and conditions: (a) That the excavation occurs within the area illustrated on the "Excavation Limits" site plan prepared by GEMTEC Limited; (b) That the excavation occurs in accordance with detailed grading and drainage plans acceptable to the Chief City Engineer (or his designate); (c) That the excavation does not involve any blasting; (d) That no vehicle or equipment involved with the excavation access any public street within the developing Latimer Estates Subdivision, and that barriers acceptable to the Chief City Engineer (or his designate) be placed by the applicant to prevent such access; (e) That a private access be constructed by the applicant in order to provide access and egress for the excavation in the following manner: (i) The access be constructed from the excavation area to Latimore Lake Road between PID Nos. 55172019 & 55172027 in accordance with a site plan acceptable to the Development Officer; (ii) That the access not be located within 15 metres (49 feet) of any property boundary; (iii) That the access be maintained in a reasonably dust free condition by paving, watering or use of calcium chloride; and (f) That the excavation and fill activity only occur between the hours of 8:00 am. until no later than 6:00 p.m. from Monday to Friday, and that no excavation or fill activity occur on any Saturday, Sunday, or holiday as defined by the Provincial Interpretation Act. BACKGROUND: In July 2004 the Planning Advisory Committee favourably considered the initial phase of this subdivision development. This first phase consisted of five unserviced residential lots abutting Latimore Lake Road. In February 2005 the Committee favourably considered the second phase of this subdivision. That application involved 12 unserviced residential Iots along a new public street (Estate Drive). The application also involved the rezoning of the overall 104 hectare (257 acre) property. In July 2005 the PAC approved the street name "Estate Drive" instead of the originally requested name "Cyr Street," which was not acceptable to staff. In November 2005 the Committee granted variances to 121 3v Latimer Estates Subdivision (Excavation) Page 4 880 Latimore Lake Road May 15, 2009 (ii) The residents in the Latimore Lake Road area have in the past expressed serious concerns about the number of commercial gravel pits and resulting truck traffic in this community. Removal of over 900,000 tonnes of material from the site, with 100 loads daily during the week travelling to the Latimore Lake Road, will have a serious impact on the growing number of residents within this subdivision. N.B. Department of Health has been advised of this excavation application. N.B. Department of Environment has been advised of this matter. ANALYSIS: As mentioned in the Background section of this report, the Planning Advisory Committee has been considering a number of phases for a developing rural residential subdivision known as Latimer Estates Subdivision since 2004. Last month the Committee favourably considered an amendment to the third phase, and recommended approval of the fourth phase of this subdivision (see attachments). It was stated in the previous report that a further application with respect to the excavation of land within the Phase 4 area would be submitted to the Planning Advisory Committee. The purpose of this report is to explain this excavation and recommend terms and conditions. Proposed Excavation The developer is requesting to excavate that portion of the subject property as illustrated on the submitted "Excavation Limits" site plan prepared by GEMTEC Limited (see attachments). For comparison, the existing topography of the area is illustrated on a tentative subdivision plan previously submitted by DeSaulniers Surveys Inc. (see "Latimer Estates Subdivision Phase 3 "). The engineering consultant has provided the following information concerning this excavation proposal (these and additional comments can be found in small print on the attached "Excavation Limits" plan): • Excavation area would be 108,400 square metres (1,166,846 square feet); • Total excavation volume would be 567,800 cubic metres (1,135,600 tonnes); • Excavation volume to be remove &from site would be 461,800 cubic metres (923,600 tonnes); ■ Time period of excavation would be 2 years; The work week would be from Monday to Friday between 7:00 a.m. to 6:00 p.m., and Saturday between 7:00 a.m. to 1:00 p.m.; Trucks would travel from the excavation site through Estate Drive and a portion of Kimberly Drive to Latimore Lake Road; and ■ Anticipated trucks per weekday would be approximately 100 loads. 122 Latimer Estates Subdivision (Excavation) 880 Latimore Lake Road Regulation of Excavation Page 5 May 15, 2009 As part of the implementation of the Pits & Quarries Strategy adopted by Common Council in 2001, the Zoning By -law was amended to include a new "PQ" Pits and Quarries zone with appropriate standards. In addition to this new zone for long -term pits and quarry operations, certain other zones were also amended to include the excavation of land greater than 1 metre (3.3 feet) for the purposes of preparing a site for development. The "RR" One Family Rural Residential zone was included as one of these zones. Section 810 (11)(b) of the Zoning By -law regulates these conditional uses. This section provides the following standard terms and conditions that must he satisfied (and cannot be varied by the Committee): (i) The excavation of land is approved subject to terms and conditions that the Committee deems are appropriate to mitigate negative impacts on the site and adjacent lands; (ii) The terms and conditions imposed shall be for a period of no more than 2 years for residentially zoned land, and a period of no more than 5 years for commercial and industrially zoned land; (iii) A tentative subdivision plan is approved for residentially zoned land; (iv) Applications to undertake excavation must be accompanied by detailed plans of the proposed development; (v) The excavation is limited to the extent necessary for the proposed future development. The Committee may deny excavations that are not necessary to permit the proposed future development; and (vi) An excavation permit with security is required. It should be noted that excavation may occur in any zone provided that it is undertaken in connection with the following: The construction, repair, or alteration of streets in an approved subdivision or under contract awarded by the City; or Work performed by a public utility; or The construction of a basement or cellar, footing of a building or structure, swimming pool or other installation authorized by building permit under the Saint John Building By -law. Mandatory Requirements One of the mentioned stipulations contained in Section 810(11)(b) is that the excavation is limited to the extent necessary for the proposed future development. The Committee may deny excavations that are not necessary to permit the proposed future development. While the comment from Buildings and Inspection Services that the proposed excavation appears optional, meaning that the proposed excavation is not necessary to develop suitable building lots is 123 39 Latimer Estates Subdivision (Excavation) Page 6 880 Latimore Lake Road May 15, 2009 appears valid, the consulting engineer has indicated, "The excavation is necessary in order to meet the City's storm water management plan, and to keep from losing several lots by building a storm water pond. In order to get the storm water to work a ditch must be installed to drain to the south." Municipal Operations and Engineering concurs with this position. Another mandatory condition that must be met is that the excavation cannot exceed a maximum period of two years. The consultant has indicated, "As far as future subdivision phases and excavations, Phase 4 will be the biggest excavation by far. Any other phase will have some minor excavations for grading purposes, but the material will most likely be able to stay on site. After Phase 4, the remaining area south of Phase 4 will follow the natural grades of the land. The east side of Phase 4 may require a minor amount of excavation, but only a few metres at most just so the grades of the building lots will match into the proposed and future roads." Recommended Additional Terms and Conditions Provided the Planning Advisory Committee agrees that the proposed excavation is necessary for the further development of the property, the recommendation includes additional terms and conditions that would help mitigate the negative impacts on the site and adjacent lands anticipated by this proposed excavation. The most significant recommended condition is that no public street within the subdivision be used in conjunction with the proposed excavation; otherwise, the proposal would result in a truck travelling through the Estate Drive neighbourhood every 3.3 minutes during the week. Given the significant impact that truck traffic would cause to the adjoining residential neighbourhood, a private access constructed and maintained away from this neighbourhood should be required by the applicant in the manner described in the recommendation. This concern was discussed at a meeting with the applicant (Kimberly Wilson) on February 17, 2009, and at that time the developer expressed a willingness to develop a separate private access for the excavation. It is also recommended that the hours of operation for the excavation be less than those requested by the applicant. Specifically, that no excavation occur on weekends or holidays, and that the activity not commence during the week until 8:00 a.m. in the morning, and cease no later than 6:00 p.m. in the evening. While it is recognized that the excavation area is some distance from most of the approved lots, and that the recommendation would prohibit trucks and equipment from travelling through this residential neighbourhood, reduced hours of operation are still considered necessary in order to ensure residents are not unduly affected by the noise associated with heavy construction equipment and the loading of trucks. The recommendation includes additional terms and conditions that are intended to mitigate the impacts of the proposed excavation on the developing residential neighbourhood. MRO Project No. 09 -082 124 M APPROVALS LOT 2007 -9 PLAN 25002362 LOT 2007.10 PLAN 25002162 4 ,'. LTA¢, 366600 LOT 2007- 17 0 PLAN 25002362 nEr rtex: ",011111 NEW BRUNSWICK GRID VALUES INAD 031 LOT 21307- 15•'., 1690 S11Mrr1 W"P xrN1 "I p AJ1wp 5110.151 [NNI wrM1 }exl a,wrr6 DAIIO FRANK PERRY BUSTIN LAND IIr6E5 REWP5 PLAN 25002362 55131" 963 EST'll 2S1441.%1 la1EN71r 776M34.132 PIN 15M 91 , 4 ' n 871 "J4i01.2N _5445 %.552 7366L36.42 PI "E3M2%2 35%Ml. %5 PL" 255/2567 49A '•, 8% 25443 -.916 73WrAIL 5 PLAN 15012 %2 ' 14% 2944M $14 7566W0;:76 PUAN 2508%2 x5 119! I 541y71.261 2541[27.X1 2366111.989 6[} LLIS'LY Wl? 3tla' J %66n.m1 5L1 SWD'[Y YABNA AREA 5015 0 •' ' ISU ti4tlSl.F.4 7561616.895 SL151REB YlAk`,'A LOT 20G7 -16 IS86 1337 E4435L. %I Z' .44011 7%150T .S46 $rl stwn BAIRN IW04r.102 SL; SURVEY UWI PLAN 25002362 4 544 4.0 l51tl2C.954 241199.501 7 %1711.5" 511 S•1YET RAW 758764 952 5LI S4REE'r WM 164! !41 2514316.821 154954.191 1%6775.00. SES Mir NNIBI 75.'61-9.521 S{6 WKT MAKER ]66900 6 151 169 2:.9182.314 716I3M.06T if 50AN2T BYaFN 1551 7.11616.661 2!_5669.110 SEI 1MOR 161- 1151 247765.20 254073 129 w RODNEY Tim: 15] SLI Mi rWN961 T=24N 199 SET Salta r 16M 24443.127 T%6T4, "I ST Sr VIEW 1651 254912.520. VARGA 13687.576 SCI SWIEY 6800A 1652 254462.159 7%%N8.517 SCI SI unit IEfI 665 1-41766. %0 234107.0.7 xT T1WS.G.O" %I SUINEr axisYR 2%656 -4T "r WO Alm id LOT 2008- 18% iI66 - 441s9.25 7 %SIS w SET '.342r liwa AREA bola 0 1667 2w:1030 1 366621.911 YI 5FRYET ANOAR AN 244614.L0 7%65N Ell$ str shwr INNER 1 +% I6re 254460.14? T3N.i15.216 911 SUN [I YI O 160 1616 254013.437 254M am TJI6N4 %5 %1 5"YLr NO 1-66734.159 SEf Moir SO 1691 ki4WE7 227 2%670.84 S8 SURVEY YA3NN LOT 20DS -18 1695 25.190.111 177n. T41 sIT SIDNEY YREIA AREA 5601 ■•• `' y 1651 7`.141 % -JM 1me f41.1SY SET SOLY AIINEI IM C } Ifi99 2Htl95.61T M671.9W SET $HAND NOYFP 366406 IiM 2314699.14: 7566n5.ny 4r SM72r BRO 61- _ w 1 1I71 2441¢.115 716" .962 SCI SRICY a" ..riv �, 111 1712 P440.4 P54VA1.0 I'S IN % SBxEV M R 7766651,426 %r AREFT UNI'm .'• ` •. •. r` •�'' ,' 1724 1725 2M4715.If1 2x9100 7%6M6.W7 Sri$IRYET NO 134 %6 S[ SUP Er wR r rs q 173 IW635 r[3 MAFR 778" 5SI"kI. 61- LOT 2008 -27 �•:• 1747 1129 254Mr.171 2541656.502 7J661EI.557 SET 51851[1 w"R TX 3.10 SET 5M4r I1M AREA 51152 t 4" IIII 1 294625 930 2 "44719. %I 286555.131 El SWYEf El- 7%6611.0% SET ,Mir Who OEEO DATA I PLUS 2544PIr.BE 241799.758 1 %1821./62 SET SWNET IJBON 7%lir{,82N }BNB IRBE WA 29156 15%777.573 I'm i.., A.B. YPK Y%WLII 4 AREA 0 nEr rtex: ",011111 Pin 00333542 1690 S11Mrr1 W"P xrN1 "I p AJ1wp 5110.151 [NNI wrM1 }exl a,wrr6 DAIIO FRANK PERRY BUSTIN LAND IIr6E5 EFFECTIVE DATE 2007 -04.05 -•�:, rwwl 1-x Nx 824.1:11 tool I1w irr 821111.% �� x11-1 hlul+lrl ,111-1 O �jir. x 4.11-1 Y.Y. Wnwxl • Mlln W 11,1,1 rl rxn I.F. [1x1 1116 wlnr x1- OIYI %n LOT 2006 -22 ••�[ JL iHiwel �Inr1311�I Cw1r111 PIY rYMl4.1 {xxlntlr AREA 5015 0 •' ' NOTES J p _ 164 I. 4.1MIM ve 114.1/,1 rll 11 IYr 1115 rfl III 311w1s .�- �' LOT 2008 -21 rpy7. 2. Ilflulet Ir! 34,11 xl rte rndel all Ir 116 6111 lmnw rr I whr 10.00. llxf 4.x111 er AREA 5061 ■ 0.1 tl 1w 3. 0111 M Int,61-11 le- illel. < 4. ill 61-0 Af $in ulerxrLS rrlx le Ile 11-111 f;:r { Nf14 fir 1-s 4x IT a1 54.4. J6h. S. All [w1111iIn 41111-,1 xl lrorf:Ylln sYn x 1r .: -, •ti' IIx ,M1 31sH Ir lit Mr 11x%1}10 slx4g1x111 01 LOT 2006 -20 314.82 w 1-4 4.e LVDIWNI AREA 5155 R f'• yr• _ ' LOT 2008 '•4`, Sp'3 x113 W Pre1111. 41x51 ux6xlr nxw111. 4.1-114 N. OPS xnlllns 11 82x6 6 mlls x4. Il "'•• �, -23 IN54. Eua xl 911665. Sri .. -' AREA 5015 x \ 1, IM 111131111 1115 I1x rs 14 [rule II 1x113,1 11 id LOT 2008- 18% d•'Q, AREA bola 0 0y`,, LOT 2008 -24 \ J't ; 1 +% .•'2�' �,� s�yd!�6+�� AREA 5040 i \ S V 1 LOT 2008 -25 LOT 20DS -18 1 AREA 5040 ■ AREA 5601 ■•• `' y 1 rJ0 S• f Dole: Ner3nl e• 13,2000 IM C } G oraErl F• i20"74D T. 7360640 _ R LOT E008 -26 61- _ w 1 •..,•L AREA 50 040+ 9 [ ..riv �, 5 PED 00433367'x' • ? .'• ` •. •. r` •�'' ,' •} xr 176646 r rs q DOUGLAS JOSEPH CYR 6 KIMBERLY ANN WILSON �N4,N 61- LOT 2008 -27 �•:• MORE THAN 2 HA. "® AREA 51152 t 4" OEEO DATA ti J Pie Wf]1J6• 1tax.m i RM LYR l Yllwa• w +lLM LOT 2006 -28 AREA 5183 d monk WIC mgr -11-H REwlausirit I" n 1m RGISIIIEO 20014641 SUBDIVISION P L A LATIMER ESTATES SUBDIVISION PHASE 3 LOTS 2(106 -IB TO 2006 -28 PUBLIC UTILITY EASEMENTS 641820. t ITT AND COUNTY OF SAINT 1040., Ilr MUI 4.x I01 ex1nm ik"I x 013 px PROVINCE OF NEW BRUNSWI EB. DeSDulniers Surveys II w31 UI i6 Pxef C-111ix 11 IM C�77 11 SIIII J.P. x10,11 Al inl A4i3xi CU kilisn, LiL11e1 Pirnx4ll Insnxl II 5111101 56 51.071 31 lie 511x1111 WTIfpOr3fp1 IS xl 011E AS W LEWL r1R6. KIPS BE 1164 W A xxeW. 1Pr l4. K 2x10., 613416 W rL+aAIIMS a160 Flnhirl 4.1 al R4r16r4.1 W -217- PE 01824 w 1 M ,io von 6rKm. SIGNATURE OF OWNERS i1wit pTwITE i4.TuEi0ou0°I1m arclssmEn Mr. Wr E13nNlf Ire %Mee Ir 131 nI1 L _1 61NATURE OF AGENT imam Cl SrY • +Y +1 by Dale; Jnn 12. L009 AA. 6x1 w 15 109 0 Al 10 w To 111 P 1- ­. 31 IN, E117 11 Slie1 J.w x110[01 /!{S0. a RNLI 1:1082 A25 k N IY- l [.1. r inh: N MAY E5 Frr Irll x11-1 WL' +4.1 [sw nxllxl. L nsN xllerx (9) APPROVALS •71. Loy zooa -2 AREA 5038 J PIP 00373542 J DAVID FRANK PERRY BUSTIN si ar LANG TITLES {� EFFECTIVE DATE 2007 -04.05 LOT 20DO -21 LOT 2000 -23 f, AREA 59BI it AREA 5015 J S68BpO Q, l `l r[� LOT 2-008.24 LOS 2009.20 AREA 5640 i AREA 5155 i LOT 200 -25 t9 LOT 2 AREA 5040 NEW BRUNSWICK GRID VALUES INAO 031 filla J 0 pry�8.r,r \ & � AREA 6919 J Z. 75 LOT 2P00 -26 LOT 2007 -I !r S AREA 5109 i LAN 25002362 x \ �7. .r; 740 %I LOT 26661 Id 1�!') I ice. 666x° AREA 5601 11 T' $'6 � � � LOT 2049 -21 9 -IR . 1m "Af• �id rq AAEA 5092 i •LOT 2000 -2T LOT 2007 -17. .'4 AREA 5176 PLAN 25002362 4 q, Ile I 17 ml LOT 2009•M LOY 20D9 -20 EA ��(r„ Ap 5d J 10 f AREA 5000 J Lot 2069 -28 , LOF 2P09 -91 "f° • LOT 2009 -28 AREA 56[5 i a� r / AREA 5193 i rm Lot 2009 -19 ., �..y 8 �q $AREA 5 ?91 J ' R{ AREA 5409 If - �.5 /. /.p I, 8 . $ LOT 2004.4 LOT 9440 0 LOT 2007 -L6 - 151 .� LOT 2009-1$ I'r'. -o'1 r' -� AREA 5040 i 4'9r PLAN 2900238 �S -'Q /4 AREA 590D J\$• 11 SOY AREA 5660 IT =l C3��� 7 4p0 •f .q.- 016 ;P'/� ✓Z,p ` ry. I `6�c a. LOT z6P9 -95 1 e,. /�Y� $;. `�4 �. LOT 2°09 -10 (�F6$+- LOT 2009 -16 AREA 5040 J 3 4; �'- `Q AREA 5020 J :�& AREA IT 9 LD1 2009 -I !A,. !,qJg ` $ AREA SOSO J �/ ♦9rq b• s LOT 2009 -II �`�' LOT 2009 -IT LOT 2009.97 9 3 1 $ .,,191 AREA $238 J LOT 2009 -15 _ +''� •AAEA 5¢40 Jq LOT AREA 5209 i 4 4�- MIE4 5020 J .: /� 81 AREA 4956 It ,¢'— a _ NI LOT 20015 d LOT 2009 -1�C AREA 5DI5 J LOT 2004 -9 F 444. o � t Y .� LOY 2609 -41 AREA 5410 J • 4 LOT 2009 -12 3 AREA 5000 J /// 91 AREA 5080 J AAEA 5016 J I • \�' LO7 2009 -4 ti AREA 5652 i FgrF } •�\ IF f ;g"<' ° y T LOT 2009 -13 y n m1 /r LOT 2009 -5 y�. AREA SIR J 2 AAEA2SIb yJ ' / Y,;.b� / sYJ AREA 5994 J ,d, rA - LOT 2009 -6 44* pI� AREA 6136 J� w� J g LOT f ri. L0Y 2009 -9 LOT 2009 -45 8 �JC} 44, �a oaA is'A TIS AREA 9025 It 2 ?'y AREA 5941 J ARE. LOT 2009 -46 6° U AREA $759 LOT 2009 -T�'^ .9662 OfJr AREA 5000 J W LOT 2004.47 r'P r tr PUBLIC UTILITY EASEMENTS p `^°�.. ,. - AAEA 5100 0 III$ PIP poLW6f Ile Po111, 1111111 fp$Iw411 Ihew w pill rl! C111 Still Jele .0T 2009 -42 -�lA 114 ` veil 1e lYe PIelf L..i55111 nr e1 LOT 2909 -93 ' ARFA 5000 i mr2lrR ur[ Lwr -a -;! S mmlpdAwv 1BM W ,l wl B11I Al. fl Rryinpl [wound 111 Iti. Llelrld Pnl -A., lr R16190m 0104-00 13 j--- LOT 2009 -40 rylsnsl 11 &claw SL 11.021 rl Ilk Lwwnl AREA 5000 J 11 Plunil6 A[I lnl Rryllelin BL -017. SIGNATURE OF' OWNERS S U B D I V I S 1 0 N P L A T LOT 2009 -49 Mew Ieuwn L , AREA 6589 E....11 err e. w o,O 596" LOT 2009 -s" SIONAIORE OF AGENT ONKLAS [Ri v~ • AREA 5067! .Aff '4 fn 11! Foul Cpn:$s11r eI 11, 0111 0S. iA J111 KINMILT {L6I TS r �' g 126 LOT 2009 -50 ILIiAD SIn1eH i11wY wNlr all G k:w11 61p111f olio$ wrY11 IrvM � mrsw11 revel 4ee Ilw GInI11M fowl 4w wr � M¢Irrs GInIHM nxI � Srewl wlrn N.1. YewN Kid I of ur,lf C,Irl,ee el nlrf T.. RI d Cw el 11 C.C. Geri &AFu1f IIw slier wrY ON "' I... THE Ipeu lilul mnRl PIP L1YIOIN Uwh Wr NOTES I. A[Inik ere re1Me1 ell le IYe ele1e11 In $e[w13 I 2. DIV., S IIT .elrli P[ m rwellf HI b Ik Aryn It"Pelll eI 4 "lift 40.011. 3. All RYrlyluM Isle nqulll If" ,Toni 11-1 w wi fla wl $limit Ir mil le /. {- III I1rwn1 ul Ilk 1!llrmfll IIf1I Ip I1r rM1111 III III 11r Ik Cnllf el $rf11 Jek, S All fwI1I1111111k14rwd wd lord Hl In Mw1 el ,1u nr Ywel a1 lit Iw &I.W19L Slue Mrwli[ IF 11s1mI1w eel Ile Lao(ESR5) IU.IHII. rl -11n, so, IIIL We[Ifiw "I"I, [u111w1r --l$. 6- kb146 use dell lrl 11w r15 Ilslnlllns J .1rrw His. f. lk 111145, fl 1111 II0 Is Is ue114 P1eu 3. - Ore.11e1 Y• Ya99T9D Ys 7366690 O' r x1 DEED DATA m PIP poLW6f om9 AST. 01 aXnaJi.r l.f VI.SOY .0T 2009 -42 LNA ITK AREA 5019 i LOT 2909 -93 ' ARFA 5000 i mr2lrR ur[ Lwr -a -;! S mmlpdAwv 1BM W _ R16190m 0104-00 13 TENTATIVE g -• LPT 2009 -52 , S U B D I V I S 1 0 N P L A T hti AREA 5000 J LAT[MER ESTATES SUBD[VESTOR V PHASE 3 sJ lu[ LOT 2009 -s" 4'* CITY AND CO0N7Y OF SAINT JOHN, v~ • AREA 5067! .Aff '4 PROVINCE OF NEW BRUNSWICK. DeSoulniers Surveys IF g (001TIw110Y IS "IM N IIxYL rlrLE wm6 DL IDr11 of a l3xrrl[. Ip9 to N EriAl9 I6 R.9aAiltl9 B[111E LOT 2009 -50 •f9' rN Rww of A oCmJ1AAI WrNUL AREA 53450 I w... m N. [016CIYEr i.'. IS Hill Aw Dxl I mid ws19-Iw kt IX MIMI, R F PFIRM ACT. ' M 1 D, z009t 1. Pn:Tflo. rl�rnl�riN )0 w 61 fa IN I. u6ftc[ I:13w _ s w......1 ro. nxu.r:Ixr139 rM Ae. / G g-E, EC r.1:Xs7ail'. '114YS �.1 Ets_- 1214 Fairville Boulevard Saint John, NB E2M 5T7 April 13, 2009 VIA EMAIL: dcyrOl75@rogers.com Mr. Doug Cyr RE. LATIMER ESTATES SUBDIVISION PHASE 4 TEL: (506) 657 -0200 FAX: (506) 657 -0201 EMAIL: gemtecsj@gemtec.ca File: 9034.01 As requested we have designed the grades for the proposed Banbury Drive and the extension of Estate Drive as part of the phase 4 of the above noted project. In order to meet the requirements of the City of Saint John's storm water requirements, a major adjustment of existing contours of the area within phase 4 is required. Below is a table of the estimated excavation quantities associated with the development of phase 4. AST # R101977536 total 133.600 267.200 30.000 160.000 Geotechnical and Materials Engineering • Hydrogeology - Materials Testing and Inspection Environmental Engineering • Solid Waste Management • Transportation Engineering M¢+ Certified Testing Lab ' A283 Concrete 127 Excavation Volume m3 Tonnes Fill Volume m3 Tonnes Banbury Drive (including ditches 34,500 69,000 - - Lot 2009 -16 5,000 10,000 10,000 20,000 Lot 2009 -17 5,000 10,000 - - Lot 2009 -18 26,500 53,000 - - Lot 2009 -19 21,600 43,200 - - Lot 2009 -20 10,000 20,000 - - Lot 2009 -21 6,000 12,000 - - Lot 2009 -25 20,000 40,000 - - Lot 2009 -28 5,000 1_0_,000 10,000 20,000 Lot 2009 -31 0 0 10.000 20.000 AST # R101977536 total 133.600 267.200 30.000 160.000 Geotechnical and Materials Engineering • Hydrogeology - Materials Testing and Inspection Environmental Engineering • Solid Waste Management • Transportation Engineering M¢+ Certified Testing Lab ' A283 Concrete 127 is _ Excavation Volume Fill Volume (m) Tonnes (m3} Tonnes Estate Drive (including ditches) 53,100 106,200 10,000 20,000 - Lot 2009 -1 14,600 29,200 - - Lot 2009 -2 19,800 39,600 - - Lot 2009 -3 43,500 87,000 - - Lot 2009 -4 57,400 114,800 - - Lot 2009 -5 62,700 125,400 - - DoT ZUUU -U 26,400 52,800 27,000 54,000 Lot 2009 -8 8,000 16,000 20,000 40,000 Lot 2009 -9 25,000 50,000 - - Lot 2009 -10 35,100 70,200 - - Lot 2009 -11 76,500 153,000 - - Lot 2009 -12 10,100 20,200 10,000 20,000 Lot 2009 -13 2,000 4,000 9.000 18.000 Based on the above quantities, it is recommended to construct Banbury Drive this coming construction season, complete with the adjacent building lots. Estate Drive based on the volumes of material that must be moved should be completed over several construction seasons, as this material could be used for general grading for the building lots outside of phase 3A and 4, as well as the construction of future roads within the Latimer Estates Subdivision. It is our opinion that constructing Estate Drive and building lots to grade this season, is not economical, as there is a large amount of material to be moved which would require a large area to stockpile this material. A more practical approach would be to rough grade Estate Drive for use as a haul road during the excavation and construction of Banbury Drive and then next year complete the excavation of Estate Drive and the adjacent lots. In addition as mentioned before, future phases of Latimer Estates will require fill material, and there will not be a lot of excavated material generated in future phases. With the construction of either Banbury Drive or Banbury Drive and Estate Drive, the storm water management plan will apply, as each street's storm water plan is independent of the other. If you have any questions contact the undersigned. 5 SRP 9034.0112 W 9srp041211.d x 128 LATIMER ESTATES SUBDIVISION PHASE 3 KIMBERLY DRIVE, BANBURY DRIVE, ESTATE DRIVE, PROPOSED NEW ROAD 2009 SITE LOCATION GRADING AND DRAINAGE GIFMT :V 1� AND ENGINEERS AND SCIENTISTS DRAWING INDEX No. DRAWING NAME D01. PHASE III SITE DRAINAGE PLAN D02. ESTATE DRIVE PLAN AND PROFILE 2009 D03, BANBURY DRIVE PLAN AND PROFILE 2009 D04. NEW ROAD PLAN AND PROFILE 2009 D05. KIMERBLY DRIVE PLAN AND PROFILE 2008 D08. P TYPICAL SECTIONS 129 130 1��j X 0 PHASE 3 BdONDARY dw op LATNERESTATES suamisioN PLAN ---------- rr PHASE361TE DRAMGE PLAN r—,., m oEvrEc 130 1��j �� U� ~~^ ° IF ` \ / / / ' -- / , ! / | � / / \ �r 7-1 131 LATIME34 ESTATES SUBDIMSION PLAN KAN AND PROFILE CMM , 4r 0 - ------------ --m PORW 14 Ton ---------- --- LM LATIMER ESTATEE, HURDIVISION PLAN t1p mpaim HANBURY DRIVE PLAN AND PqOFLE (2000) gmmi--� RAMU" cam Pmwll& 7— "Wtol I Cos 0 asvmc 132 Q;� .............. ZE llb%V ME ME .......... .. . -Elmo ................... .......... .......... PROPO"D MM no" 133 I-- - --. -I I- SLMD.r.V.ZlDN PLAN NEW ROAD PtM AND PROFLEPW9) MUM I C04 1 0 6EM EC ......... ... P-M mummy o9m PROFILE 134 Vim" LATIMERESTAM SLEDIMS)ON PLAN VJMBERLY DRIVE PLAN AND PRuFLE (2208) 00340101 1305 0 C--- H- TYPICAL BELMMA ICKE LIM TYMALSEanoNs oc" 1966 Mw TYRCAL ROAD SECTION Me 135 SEDIMENT CCNMOL CHECK DAM M ea �xn +wee+walsEUrtwswlmwwwa.rwowrcn 7, SILTATION FENCE NTS LATMER MTATRG SUBDIIAGAM RAN TYPICAL SECTIONS AS NOTED 9-1-1.1 I— DOS 136 t(-1 We were not allowed to use Estate Drive or Kimberly Street (2 streets that Doug & I built ourselves, paid for ourselves and then GAVE to the City of Saint John) for any trucking during the excavation process required from Phase #4. This recommendation from P &D during PAC meeting, delayed any actual work on Phase #4 until 2012. It took Doug & I over 16 months to put in 1 Y2 mile of additional road so that we could start the excavation process in Phase #4 as per the submitted plans to P &D. Since we received permits for 2 years (2010 & 2012), we wanted to continue with Phase #4 in March 2013, where I was informed by P &D that our Subdivision Latimore Estates " HAD ALREADY BEEN" redesignated for land use (no longer a Subdivision) & our property will be rezoned at years end as per PlanSJ to Rural Resource. FYI....At the PAC meeting, Mark O'Hearn (P &D) recommended we not use either Kimberly Street or Estates Drive for truck use during any excavation in Phase 4. 1 refused & disputed this recommendation for the following reasons: -We wanted to build Banbury Drive as the very 1St thing once Phase 4 was approved. We would have started in May 2009 and finished that same year. This would have alleviated the storm water issue as the storm water from Kimberly Street would have ditches to run down. This also meant we wouldn't have had to build an additional 1 X mile access road. I had PAC ask me, if the only way you get this approved tonight is to put in the 1 %2 mile of additional access road, would you do it, I said "NO" (I knew what this would entail and stated this to PAC). When asked the 2nd time, I still said "NO ", and stated my reasons again, when asked the 3rd time, that is when my husband stood up and said "We will, if we have no choice. I immediately knew what issues this would cause putting in an additional 1 Y2 mile of access road. It means putting in a "TEMPORARY DITCH" as the 1St thing (10001 x 30'W x 20'D), so we could get Phase 3 approved, then start on the 1 % mile additional access road that was thrust upon us also. By putting in Banbury Drive, 1St, this would have dealt with the storm water from Kimberly Street, Phase 3 would have been approved and we would not have had to build 1 Y? mile addition road access. 137 52 Mark O'Hearn also told me over the phone in Mar 2013, that I had needed to resubmit in 2010 to keep going with Latimore Estates. I still to this day do not understand this or know what he was talking about. Why would I go back to Common Council in 2010 (is this in writing somewhere ? ? ?) to continue with Latimore Estates when I was following what was approved by Common Council & PAC from PAC & Common Council meeting in 2009. In 2010, 1 was still putting in a VERY LARGE TEMPORARY DITCH, finished it in Fall 2010. Then we started on building the 1 %2 mile additional access road, this was completed end 2011. We worked on Phase 4 in 2012 only. 138 fM i v dcU io al 1. 5 mii road v � v pT� Banbury eIr�ipo atch so � ��� "�3 On January 23, 2012, we applied for and received an Excavation Permit from Building & Inspections for the 2012 year (Jan 23, 2012 — Dec 31, 2012). Why would Buildings & Inspections, who is on the same floor as P &D (when both depts. work hand & hand when it comes to permits, etc...), issue an excavation permit for Latimore Estates for the 2012 year, they must have read this was allowed before they issues it on Jan 23, 2013. Please see copy of Excavation Permit (dated Jan23, 2012) with attached letter /comments from P &D (dated May22, 2009)... 140 CITY OF SAINT JOHN BUDLDING & TECEMCALSERVICES, EMCALVA "ZION PERAUT Application- Nu r 7 1 Property Address 1,00 LAT'l-k6kig- LA-K&:---R-D, PID -PAN: 0043.3367 - 4614992' GIS Map Link:. CN %, 4-6 P , .7 Application.type description. -EXCAVATION.N]&W Property Zoning . . . . . . . 1 FAMILY RURAL RESL Owner -------------------- Ux CYR, POW]AP'', 101.0 LATtMORE 'jAXE RD SAINT �JFOHN' NB E2N 1YI flip' city of Saint John Date .-1/23/12 (Ss -- - - - - - -- - -- ---- - - Structure Information '69,0 .000 Occupancy Type INDUSTRIAL HIGH Permit ... . . . . 'EXCAV'ATION Additional desc,... Issue.Date .. . . . . 1/23/12 Valuation' ------Expirationr Date - ----12./31---- -1/12 -------- ---- ----------- ---- ------- - - ---------------- Special Notes and,.Comme'nts This permit allows the excavation of ,land, on this.. -property , 0 Mitti--e in accordance with the.' attached,'Planning Advisory'. -C conditions.. PERMIT EXPIRES. DECEMBER 31, 20r12.. P--q, 3$-Ola APPROVED BY BUILDING �SPECTOR 141 1z w DATE -PAGE _L OF I All May 22, 2009 Mr. Doug Cyr and Ms. Kin Wilson TO BE FAXED ONLY: (506) 031 -2132 Dear Mr. Cyr and Ms. Wilson: Re: Proposed Site Development Excavation Latimer Estates Subdivision 880 Latimore Lake Road The Planning Advisory Committee, at its May 20, 2009 meeting, considered the above conditional use application, and imposed the following terns and conditions (as amended from the staff recommendation): (a) That the excavation occurs within the area illustrated on the "Excavation Limits" site plan prepared by GEMTEC Limited; (b) That the excavation occurs in accordance with detailed grading and drainage plans acceptable to the: Chief City Engineer (or his designate); (c) That the excavation does not involve any. blasting; (d) That no vehicle or equipment leaving the area involved with the excavation access any public street within the developing Latimer Estates Subdivision, and that barriers acceptable to the Chief City Engineer (or his designate) be placed,by the applicant to prevent such access; (e) That a private access be constructed by the applicant in order to provide access and egress for the excavation in the following manner; (i) The access be constructed from the excavation area to Latimoro Lake Road between PID Nos. 55172019 & 55172027 in accordance With a site plan acceptable to the Development Officer; SAINT JOHN P.O. Sox 1971 Saint John, NS Canada E21. 41.1 ' www.sain1john.ca I CA 1971 Saint Jahn, NA Canada EA 41-1 �``� 142 -2- (ii) That the access not be located within 15 metres (49 feet) of any property boundary, (iii) That the access be maintained in a reasonably dust-free condition-by paving, watering or use of calcium chloride; and (f) That the excavation and fill activity only-occur between the hours of 7:60 a.m. until no later than 6:00 p.m. from Monday to 3Wday, and that no excavation or fill activity occur 6n any Saturday, Sunday; or. holiday as defined by the Provincial Interpretador Act. As mentioned in the staff report, as well as discussed at the Planning Advisory Committee meeting, these imposed conditions are additional to those already required by Section 810(11)(b) of the Zoning By -law.: The staff report and this by -law section have been attached for your convenience. One of these conditions is that an excavation permit with security must be.obtained from the Buildings and Inspection Services Department before you commence the proposed excavation Ibelieve that a permit fee of $1,100.00 will be.required. With regards-to the necessary security;.this mattes was discussed.yesterday with Dave Crawford (Buildings and inspection Services), who indicated that your engineering consultant will need to provide necessary information in order to determine an appropriate security amount. Mr. Crawford can be reached at (506) 658 -2911. bbrther, it is my understanding that the operator can apply for the excavation permit. It would be anticipated that most excavation companies would possess security. Prior to seeldng the excavation permit, however, the necessary detailed grading and drainage plans prepared by:GEMTEC Limited mint approved by Municipal Operations. and Engineering (Holly . Young).. Also, a site plan illustrating the exact location of the required private access must be'approved by the Development Officer. When approved, these plans must accompany the excavation permit application. , Should you have any questions regarding this matter please contact me. at (506)'649-6075. Sincerely, (1 Mark O`Heam Planning Officer Attachments C. Dave Crawford, Buildings and Inspection Services Holly Young, Municipal Operations and Engineering Stephen Perry,- GEMTEC Limited Pmjed No. U9-a82 143 (:S 9V As you can see from the next picture showing Phase 4 as it sits today, we are nowhere near completion of the Phase 4 development. We only worked on Phase 4 during the 2012 year. With the amount of material (up to 1,100,000 tons) that needs to be moved and /or removed from the Phase 4 area, it was understood that moving and /or removing couldn't be done in a 2 year span (but the bylaw stated 2yrs for residential). We were informed that when the 2 years was up, that we only needed to reapply to continue with Phase 4 and /or additional Phases in the future. This is common practice when more work is needed for Phases being worked on by Developers. A lot of the material that needs to be moved will be used in future Phases in the Latimore Estate Subdivision as per the Drainage & Grading package supplied from Gemtec Engineering. 144 GEMTEC lip 30 Sepember 2010 VIA Email: kevir,.o'brien @saintjohn.ca Attention: Kevin O Brien € a: Latimec- Estates — Drai'nare Mess€ .,es c.X i_ f•�iJ; 9 _ _ec. Cc File: 9034.01 1-02 As requested, GEMTEC Limited has assessed the current drainage measures in place at the Latimer Estates residential development. The area in question encompasses residential lots adjacent Kimberly Drive. The current drainage measures established on site direct storm water runoff to the southeast along a temporary ditch that parallels the future Banbury Avenue alignment. A 244nch culvert directs water collected on the north side of Kimberly Drive to the temporary NW — BE trending ditch. In the current stage of development very little water reports to the ditch on the north side of Kimberly Drive since 4 of the 6 lots on this side of the road have yet to be developed. The natural topography on the north side of Kimberly Drive slopes to the north. As such, the runoff from these lots flows northward down gradient and does not report to the ditch. Croce development along the north side of Kimberly Drive is complete the vast majority of storm water runoff will be directed southward along the drainage ditch system. Comments and Recommendations: if properly maintained the temporary ditch along the Banbury Avenue alignment is sufficient to maintain storm water drainage to the southeast of the property. Check dams should be installed to provide sediment control as per NBDOT standards. 'n,.!7£i.0 r 146 'i'he culvert crossing Kimberly Drive has been re- installed and currently has an appX.:inate grad: of 1 5% to the southeast. The 24 -inch culvert is of sufficient size to redirect water frorr the north dde of Kimberly Drive to the temporary ditch system aligned -to the southeast. Culvert inlet and outlet should be protected with R5 riprap as recommended on drawing DOS (File 9034€}101) issued by GEMTEC Limited. The ditch on the north side of Kimberly drive should be temporarily consiructea with a capacity to handle water runoff from Kimberly drive, A ditch constructed with a depth of 0.6 m. 0.3 rn m#& invert and 2:1 side slopes would provido sufficie, 'It temporary drainage. Once the remaining lots along Kimberly Drive a,-e developed the ditches rlong Mmberiy Drive should be constructed as recommended on drawing D08 (Elie 20340101) issued by GEviTEC Limited. Troy Yeomans, O.En { R r try Enclosures Figure t. site photographs 147 9 APPROVALS LOT 211011-2 ' -EA 5036 M, y ','f' I,�:�,. kr PIC 00:'33542 CA.10 FRANK PERRY BUSTIN - LAND TITLES EFFE .714E DATE 2007 -04 -D5 .1 LOT 2001 \ LCT 2008-2; 'AEA 5081 M��r r I"r }':EA 5015 M•� 'EY FL, N: 91 IFIA.. L_d LOT 20L8 -24 LOT 2008 20E \ �v �' A.:EA 5+140 d / -\ AREA 5155 M '.:'•PrF, \ i\ yet ,rin B [rare A \`. / y,. !, -� - ", of YA 1 .r [ Rfn+,• n 1 cr \ /,1 LOT 20011 :5 L� slay r .e L v Ees:a , ❑ sue_ LET 2008 -19 L-- \ ":J AREA SC47 4 -- NEW E'UNSNICK URIC VALUES INAO 831 '- �- NOTES ARE figie d/ ' •F� </ 1 1. ! Ih IA IN 1. I A. 11, 1 in m.d, I '.. LOl 2510- RL \� :, t. 1- d h,} U I Id I LOT 2007 -I �!"e� AREA SI 3 M 1 +1 All dl 1 [Ire I 91 LOT Y,002:62 " -- 1 'i ]. !.II A +9 0 o I 1 f i m s s. r. cs aler li. J {i •I f I, e In I "I 11 a sh Te E e:e LOT 2C98 -18 � s, Au d I 4 eldr nle aL. e e Ih ,I[l rr L' AREA 5681 LOT 2009 -21 F�J., t 1 n.. Irl o r f 1 I U. 1. 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AREA 5371 M- '1`�t AREA 5015 IT / 0.R3 d °LDT 2004 -33 LC1 ^OL7 -'4['\ T / LOT 2[U9 -9 _ }R[A 040 M \ PLAN 2590Z':A -r- AREA 5000 M /.!� LOT 25109 IB r\ 4 AREA 5060 �" _ LOT 2009 -10 \ '+. -If - LOT 2009 35 +rl sale. 21 l01 009 16 -� AREA 5040 d� .o.od %- -:491:0 Y• 7 f A4E7 5020 M _ 9, 51 M= L OT 2009 -I I } MLOT 21309-17 9 -iT ' p - , \AAEA 5236 .�f.;� — [ •'_, j' � A "FA 5040 M LOT 2005 -2 AREA 5C20 M A'.EA S84 M AREA 4976 M /` -- $• u /` -.I '-' '' ': -- a _ �� - �[ '' • _� �/ -LOT 2009-5. i LOT 2P09 -3 `J T / -� ° LO7 2009 14 AREA 50 5 M ^ AREA 5410 d / v LO1 2609 -12 1'�, ALEA 55100 M \T/ LOT 2009 -4I - \ I2 - �— ABEA 5016 M DEEO DATA C009 -4 �/ _ _ AREA 5652 M Fes! a.. / Q /f LOT 200413 to LOT 2009 5 - / � -C �'Q ` AREn 51 T2 M 1'1 ' }. LOT 2069 43 \. / LOT 2009 -42 — . '•LOT 200 Irfu[ IT s E h �" /�A. \ AREA SILT 4 [� - AREA 5015 M 3 ' AAEA Sfl99 d / - / /r1� ;.EA SOOT M erm if '1 r4P4 4 :a p/ �. 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M_ OITOH,COMPL'� *TN FROSION ANO CCIdTRCL NP,ABuNEs AB REQUREO . -___- _ . 3:1 ebpe . , Y-� . . -. 3:1 slope 3:1 opw __. , 111 11tr 161 w1d ' i //' BE AT1CN �oesnnnm�Nero•as AAKVMe LATIMER ESTATES SUBDIVISION PHASE 4 EXCAVATION LIMITS a � 95340106 P73 B GEMTEC u�o uLTPG 9VC�EERB errrmdtE I also have a few questions /comments based on the following copy of the newspaper article dated July 2, 2013 that I will be bringing up at Common Council... 162 Saint John council considers Glen Falls housing plan - New Brunswick - CBC News Page I of 2 0-7 Saint John council considers Glen Falls housing plan Planning committee and city staff have rejected the 80 -lot housing development proposal CBC News Posted: Jul 2, 2013 9:07 AM AT Last Updated: Jul 2, 201310:47 AM AT Saint John council will consider a contentious 80-lot housing development proposal on Tuesday night that was voted down by the city's planning advisory committee. ,oun. David Merrithew said he will support a Glen Falls development if he's satisfied flooding concerns can be addressed. (CBC) The controversial housing development is proposed for the Glen Falls area and has been rejected by both the planning advisory committee and city planning staff, But council does not have to follow the recommendations of its advisory committee or staff as it considers the proposal on Tuesday night. The Glen Falls area of the city has repeatedly faced significant flooding over the years. Debly Enterprises, the development's parent company, has promised a storm water management plan, including a system to temporarily capture and store runoff water. Coun. David Merrithew said he will support the housing development project as long as he is satisfied with the storm management plan. Merrithew said the housing development will create additional 'We've got to have people building. if this tax revenue that is badly needed in is going to be OK regards to water and the city. flooding, then I'm all for it.' "Building permits in the City of Saint John have declined two years in a row, quite dramatically," he said. - - Coup. David Merrithew "We've got to have people building. If this is going to be OK regards to water and flooding, then I'm all for it," Merrithew added. The mil.lioni additional tax assessment base for the city. ^ Drag this icon to your Windows taskbar for quicker access to CBC. 163 http: / /www. cbc.ca/news/canada/ new- brunswick/story /2013/07/02/nb- glen - falls- housing -8... 25/08/2013 Saint John council considers Glen Fails housing plan - New Brunswick - CBC News Page 2 of 2 0 The councillor said it's not a problem the proposed subdivision lies just outside the area zoned for development by P1anSJ. It requires an amendment to the municipal plan in order to go ahead. Glen Falls resident concerned about flooding (Photo submitted by Violetentity) faint John's Glen Falls area is in a flood prone part of'the city. Several neighbours have also raised concerns to the city about how the development might add to flooding in Glen Falls. John Coffey has seen a lot of water in his east Saint John neighbourhood over the past 40 years. Coffey said his main concern about a proposed housing development is that it might bring more runoff water. "Any time that you take away ground cover, whether it's here or anywhere on this east side, you're going to have more flooding," Coffey said. Saint John has looked at ways to minimize flooding in the Glen Falls area in the past and the city even looked at relocating residents who live in the flood -prone area. A city report said more than 150 homes are in a one -in -five or one -in -10 year flood -risk zone. The report said it would cost $5 million to just purchase the 63 homes in the one -in -five year flood -risk zone. The city report stated that some amount of flooding will continue in the area no matter what is done to control it. Comments are closed. Drag this icon to your Windows taskbar for quicker access to CBC, I 164 http:// wrvw. cbc. ca/ news /cana.da/ new- bnmswick/story /2013 /07 /02 /nb- glen - falls- housing -8... 25/08/2013 This next picture shows a map that we downloaded from htto://www.'L-0r)i;,,.com/ca/sc-mohn-nb When you scroll over to look at the topography for Latimore Estates, it shows Banbary Ave & Estate St as if it was exended. Where would they get the info, that they would add these 2 roads that would have been in the Phase 4 area of Latimore Estates? 165 (S) Let's take a THEORETICAL situation so I can make this point as "CLEAR and PRECISE" as possible. Let's take Westmoreland Rd. from McAllister Drive, all the way up to Retail Drive. Let's say that last year, Princess Auto bought land adjacent to Home Depot, spent few million dollars on land. They also spend hundreds of thousands on Engineers, Surveys, Environment studies, etc., but the building has not been built yet. Now, PIanSJ ( "theoretical" remember), states all new /future lots in this vicinity is now to be rezoned "Parking Lots ". Does Princess Auto STOP what they are doing, tear down everything, get compensated for money lost or are they allowed to continue with their business, as usual. We all know the answer, YES they can continue with their business. Then why are Doug & I not allowed to continue with our business, "Latimore Estates Subdivision ", IT IS THE EXACT SAME SCENERIO......... So I asked P &D this same question, there answer to me was as follow: "they would have a Business Permit" to continue ... And you don't... So, they are a BUSINESS and have a business permit. We are a SUBDIVISION and have P &D recommendations, we have PAC & Common Councils approval for all of Latimore Estates to be completed in stages (as far as I know, this is what is required for a Subdivision in the city of Saint John, not a Business permit). Are you saying if Doug & I would have had a Business permit for Latimore Estates, we would be able to continue? As far as I know, Business permits are not part of the process for a Subdivision? Therefore, this needs to be explained to me further please, so Doug & I know can understand P &D logic behind there comment? 167 . C��) Did I finally make P &D understand the seriousness and the consequences of terminating Latimore Estates Subdivision.... We called P &D MANY, MANY, MANY times between Mar 2013 —Aug 2013, spoke to various people, we couldn't get anywhere, kept being told you no longer have a Subdivision. It wasn't until we actually spoke to P &D in Aug 2013 when we mentioned we would be "COMPLETELY BLOCKING OFF THE TEMPORARY DITCH" permenantly that weekend in August, that this is a temporary ditch running storm water southward through our property from Kimberly Street. I received a call from Jody Clifford (P &D) that they may consider Phase 4 only to be completed. Do they finally realize they need the storm water running through our temporary ditch (which they must or we wouldn't have received his call after 6 months). It is not economical or feasible to only continue with Phase 4. We want to complete all Phases of Latimore Estates as was approved by P &D, PAC & Common Council in past meetings in 2005 & 2009. The way we see it, if P &D can now recommend continuation of Phase 4 (and in our opinion, this is only due to us "FINALLY" making P &D realize they would have nowhere to run storm water southward any longer from Kimberly Street), then they can recommend or Common Council can approve Latimore Estates Subdivision in its "entire also. .: T4 SUM THIS UP... Doug & I looked for land to develop since 1998 so we could move back to Saint John. We left Saint John in 1987, we moved back in 2005 (with all that we have been put through these past few years, we honestly wish we would have invested in Moncton, NB instead of Saint John, NB (I bet that is not the 15t time you have heard this ?). In our opinion, we would be far better off if we would have invested in Moncton!!!!!! We knew this 274 acre parcel was for sale in Latimore Lake. Before we purchased this, we had our Surveyor make sure through P &D this land was suitable for a large scale rural subdivision. It was well received By P &D. We spent the next 6 years saving so we could purchase this property. In 2004 we purchased this property. We developed Phase 1 (5 lots), Phase 2 (12 lots), Phase 3 (11 lots), Phase 4 (stopped DEAD in our tracks since Mar 2013). You need to realize that we are Developers, we have a lot of money invested to date in Latimore Estates. Without any consideration to Developers, this is what Plan SJ and P &D says is the correct thing to do. All I hear & read is Saint John needs people & business to increase. We tried to put a Landscaping Business on Latimore Lake Rd last year. P &D decided Latimore Lake is not an area designated for business, it is a residential area. We didn't get to speak in front of Common Council on this (even though we paid $1000) and our business proposal was refused. Well guess what, we HAVE a residential Subdivision "Latimore Estates" for 8 -9 years now, and now PlanSJ & P &D recommend stopping that also. You must now realize you have no choice but to continue to run storm water southward from Kimberly Street. If you approve Latimore Estates in its "entirety„ that can continue. If Latimore Estates can't continue in its "entirety ", then the storm water from Kimberly Street becomes the city of Saint John's issue starting this evening. Your choice seems very clear to me here tonight, and a very easy one to correct the mistakes and injustices that was thrust upon Doug & I & Latimore Estates Subdivison since PlanSJ guidelines have come into effect. 169 Thank You for your time and consideration on this critical matter... With Kind Regards, Kimberly A Wilson Douglas J Cyr (rte le-e 4, 170 :st September 30, 2013 His Worship Mel Norton and Members of Common Council Your Worship and Councillors: Subject: Saint John Midget Vito's Sponsorship Motion: I would like to bring forward for Council's consideration the attached request regarding the purchase of an ad in the Saint John Midget Vito's Sponsorship Program Book. Respectfully Submitted, (Received via email) Dr. Shelley Rinehart Deputy Mayor City of Saint John IM T. SAINT JOHN P.O. Box 1971 Saint john, NB Canada E2L 4L1 i wwwsaintjohn.ca i C.P. 1971 Saint John, N.-B, Canada E2L 4L1 171 Hi Shelley, My husband and I are very pleased to advise that our son, Mathieu, is a member of the Saint John Major Midget Vito's and we are currently working on this season's sponsorship program book. This is a high quality hard cover booklet provided at our home games. We'd like to invite you and the City Council to purchase an ad in our program. PLATINUM Sponsor - $600 Full Page Ad (4.5" x 8 ") in the Season Program 6 Season Passes Advertisement on the Team Website The sponsor will also have an opportunity to bring a local minor hockey team to see a game, tour the locker room and meet the players and coaches. As well, the selected minor hockey team will have players from the Saint John Vito's Major Midget team attend one of their practices during the season. GOLD Sponsor - $450 Full Page Ad (4.5" x 8 ") in the Season Program 4 Season Passes Advertisement on the Team Website SILVER Sponsor - $250 Half Page Ad (3.875" x 4.5 ") in the Season Program 2 Season Passes BRONZE Sponsor - $100 Quarter Page Ad (2" x 4.5 ") in the Season Program Deadline for ad submissions is Friday, October 18th, Thank you for your time, the Saint John Major Midget Vito's we look forward to working with you this season. s Lisa Savidant Irving Oil Community Relations (506) 202 -7425 (506) 650 -5923 (cell) (506) 202 -1985 (fax) visit us at http: / /irvingoil.com Mailing Address PO Box 1421 Saint John, NB E21- 4K1 Courier Delivery Address 10 Sydney Street Saint John, NB E21- 4K1 172 October 1, 2013 His Worship Mel Norton and Members of Common Council Your Worship and Councillors: Subject: Crowdsource Funding for Municipal Infrastructure Projects Background: Communities throughout the City of Saint John have diverse needs. Similarly, communities have different ideas for projects to improve their landscape and quality of life. For example, bridges, garden's, community centres are but a few of the projects funded by local government to improve infrastructure and the livability of our distinct communities. It is essential to explore new ways to fund the increased demand for community projects with finite resources. Crowdsourcing is one such way innovative communities are raising the capital to fund community projects while reducing debt and increasing community ownership. Several communities in the UK using Spacehive.com and Canadian grown iFundWaterloo.com are transforming the traditional approach to funding projects. Instead of local city officials and regional authorities determining the next project, cities are turning to local communities for ideas. Furthermore, rather than just relying on limited tax dollars to fund community desires, the road has been opened to receive private, individual and philanthropic dollars to match public sector allocations. Ideally, the end goal would be to carve out a set percentage of our capital budget to provide matching dollars for crowdsourced community projects. Communities would be able to draft projects and raise funds while governments could benefit from creative community building project ideas and private funds. Only projects where the required funding target is met, planning process followed and permitting granted would be given the green light. Projects that are funded using a crowdsourcing platform (e.g. iCrowdFund.com) are paving the way for more participatory budgeting. This has shown to have the power to join residents, communities, companies and government fund public infrastructure projects together. Motion: Refer for consideration to the City Manager the concept of crowdsource funding for supporting community projects, while using iFundWaterloo.ca as a template for a City of Saint John design. Respectfully Submitted, (Received via email) Greg Norton Councillor —Ward 1 City of Saint John l� - VU SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 41_1 I www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1 173 is 1: October 1, 2013 His Worship Mel Norton and Members of Common Council Your Worship and Councillors: Subject: Bi- Weekly Council Meetings Background; Council has made great progress in becoming more efficient with the amount of time spent on meetings. Presently for the most part, we are keeping our meetings focused and on topic. From January 2, 2013 to June 24, 2013 we had 26 regular meetings, those being weekly. Fifteen of those meetings were adjourned on or before 7:30 pm. Six were finished on or before 8:30 and five ended after 8:30. Three meetings of the 26 went past I Opm. I feel that it takes a lot of time for preparation by staff and councillors to prepare for weekly meetings, meetings that in the vast majority of times are finished within 90 minutes. The time saved by staff in preparing for a weekly meeting could better be used doing other duties. I think we can have regular bi- weekly meetings that would last 2 or 3 hours and if needed we could schedule additional meetings on the off Mondays if required. We all accept the fact that there are times such as budget time when we could be meeting two or three times a week. Motion: On the condition that all members of common council are present to vote, that Saint John Common Council direct the Common Clerk, along with the City Manager, to reschedule council meetings to bi- weekly. Respectfully Submitted, (Received via email) Ray Strowbridge Councillor — Ward 4 City of Saint John l� - VU SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 41_1 I www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1 174 REPORT T COMMON COUNCIL M &C 2013 -213 September 27, 2013 His Worship Mel Norton And Members of Common Council Your Worship and Councillors: SUBJECT Chipman Hill Pedway Curtain Wall Replacement — Recommendation for Award of Tender BACKGROUND On January 30, 2013, high winds caused a failure of various steel clips that hold the curtain wall system (i.e. perimeter windows and frames) of the Chipman Hill Pedway in place. The failure of these clips nearly resulted in a complete "blow -out" of the entire north section of the curtain wall system. Thanks to the help from random citizens and City staff at the time of the high winds, the curtain wall system was physically held in place while temporarily secured back to the pedway structure. The Chipman Hill Pedway (including the curtain wall) was constructed in 1982. The expected useful life (EUL) of a curtain wall system is 30 years, thus, the system has surpassed its EUL by one year. The soffit of the pedway also has an EUL of 30 years and is subject to signs of corrosion and other damage. Based on the failure occurrence and the EUL of the curtain wall and soffit systems, a tender package was developed to replace both systems in their entirety. A breakout price was requested for the soffit to provide flexibility to the City in the case that bid submissions exceeded the 2013 budget envelope. N The City of SainE John This report provides our recommendation for the award of tender for the replacement of the curtain wall and soffit systems of the Chipman Hill Pedway to Atlantic Windoor Ltd. at a contract cost of $221,000 plus HST, the addition of a contingency allowance of $22,000, and the addition of $50,577.65 to the 2013 capital budget to cover costs over and above the previously approved budget amount of $200,000. ANALYSIS AND FINANCIAL CONSIDERATIONS The public tender for the curtain wall and soffit replacement (reference no. 2013- 082801T) closed on Wednesday, September 11th, 2013 at 2:30pm. 175 Report to Common Council Page 2 of 3 Chipman Hill Pedway Curtain Wall Replacement Recommendation for Award of Tender (2013- 082801T) Two (2) bids were received as follows: Atlantic Windoor Ltd. Saint John, NB $221,000 $17,580 King Construction Limited Saint John, NS $304,000 $15,000 * including the breakout price for the soffit replacement and excluding HST The Class B construction cost estimate prepared prior to the public tender call was $200,088 for the base bid, and $23,150 for the replacement of the soffit, for a total of $223,238. The estimate is within 1% of the low bid. Funding for the curtain wall and soffit replacement was requested in the original 2013 capital budget submission of Facility Management, however, the project and budgeted amount was removed during subsequent iterations of the capital budget in an effort to reduce the overall capital budget for the City down to a more manageable level. In the end, $200,000 was approved in the 2013 capital budget for "Building Repairs — Multiple Locations ". Since low bid of Atlantic Windoor was greater than the amount approved in the 2013 capital budget for "Building Repairs — Multiple Locations ", staff of Facility Management and Materials Management held meetings with the low bidder following the tender closing to attempt to find some cost savings within the scope of work. After discussing various potential changes to the scope of work (e.g. type of windows, material used for soffit, traffic control requirements, hoarding, etc.) and reviewing associated cost savings, it was determined that significant savings could not be realized without sacrificing the performance of the curtain wall and soffit systems, resulting in increased future operating costs, or compromising public safety. Factoring in HST and the HST rebates, the total cost of this project to the City based on the low bid would amount to $228,577.65, which includes the replacement of the curtain wall and soffit systems. If the scope of work was to exclude the replacement of the soffit, the cost would be reduced by $18,182.78 to $210,394.87 (HST and HST rebates factored in). As previously mentioned, the soffit has surpassed its EUL and is subject to corrosion and other damage. Being exposed to the weather, deterioration will continue and the risk of failure (in a manner similar to the curtain wall) will increase over time and potentially lead to an issue of public safety. Wind gusts on Chipman Hill are often amplified due to a tunnel effect between the buildings, which further increases the risk of failure. Given these risks, it is recommended that both the curtain wall and soffit systems be replaced. Additional funding beyond the $200,000 originally approved in the 2013 capital budget is required to proceed with this work. Although tender documents are developed with utmost care and due diligence, when concealed details are actually revealed during construction, existing details can vary from those described by as -built drawings and /or other available sources of information that are relied upon during the development of the tender. As such, in addition to the base contract amount, as with any renovation, it is recommended that a construction contingency allowance be carried to address unforeseen conditions. This contingency allowance would only be used if required to deal with the aforementioned situations at the approval of the Manager of Facility Management. It is recommended that the contingency allowance be in the amount of approximately 10% of the total construction value, or $22,000. Staff of Facility Management and Materials Management believes that the low bidder has the necessary resources and expertise to perform the work, and recommend acceptance of their bid to include the scope of work required to replace both the curtain wall and soffit systems. 176 Report to Common Council Chipman Hill Pedway Curtain Wall Replacement Recommendation for Award of Tender (2013- 082801T) INPUT FROM OTHER SOURCES Page 3 of 3 Staff of Materials Management facilitated the public tender process, and was present, along with staff of Facility Management, during negotiations with the low bidder. Representatives from Facility Management and Materials Management have reviewed this report and are satisfied with the recommendations as they pertain to their respective areas of service. RECOMMENDATION As described in M &C 2013 -213, your City Manager recommends. 1) That Common Council award Bid No. 2013- 082801T: Curtain Wall Replacement — Chipman Hill Pedway to the low bidder, Atlantic Windoor Ltd., for the contract price of $221,000 plus HST, which includes the replacement of the curtain wall and soffit systems; 2) That Common Council approve a construction contingency allowance of $22,000, which is to be expended only if required to address unforeseen conditions during the construction at the approval of the Manager of Facility Management; 3) That Common Council approve an additional $50,577.65 in the 2013 capital budget to cover the additional costs over and above the previously approved $200,000 associated with the contract amount (factoring in HST and HST rebates) plus the contingency allowance ($228,577.65 plus $22,000 less $200,000); and 4) That the Mayor and Common Clerk be authorized to execute the necessary documents. Respectfully submitted, Trevor L. Gamblin, M.Sc.E., P.Eng. Manager, Facility Management t � {Pa ick Woods, CGA Manager Com 177 �eomans, CGA, MBA ner, Finance and Administrative Services REPORT TO COMMON COUNCIL M &C 2013 -214 September 27, 2013 His Worship Mel Norton And Members of Common Council Your Worship and Councillors: SUBJECT The City of Saint John C.E. Nicolle Community Centre Revitalization — Recommendation for Award of Construction Contract for Phase 2 BACKGROUND Phase 1 of the C.E. Nicolle Community Centre Revitalization project was substantially completed on September 6", 2013. This work included a lobby addition, the addition of a stairwell, modifications to corridors through the building, and the installation of a new elevator to improve barrier -free access throughout the building. The work is scheduled for final completion in the coming weeks. An additional report to Common Council summarizing the final results of Phase 1 of this project will follow in the near term. Phase 2 of this project includes a wholesale renovation of the building interior, including finishes, mechanical and electrical systems, and fire ,protection and alarm systems. Furthermore, barrier -free accessibility will be built into all areas of the building, These improvements all stem from extensive public consultation that was completed in 2010. Originally, back to 2010, a four (4) phased approach to this revitalization project was developed as follows: Phase 1: Building Additions ■ Lobby addition ■ Elevator • Stairwell addition Estimated Construction Cost— Phase 1 ............................ ............................... ......$872,000 178 Report to Common Council Page 2 of 3 C.E. Nicolle Community Centre Revitalization - Award of Construction Contract for Phase 2 Phase 2: Interior Modifications, Mechanical /Electrical, Life Safety ■ Interior modifications ■ M &E upgrades ■ Life safety Estimated Construction Cost - Phase 2 ....................................................... ............................... ..$1,278,000 Phase 3: Exterior Cladding & Glazing ■ Window replacements ■ Install new windows ■ Replace roof ■ Cladding Estimated Construction Cost — Phase 3 .......................... Phase 4: Site Work ■ Plaza ■ Stage and movie screen ■ Terraces and sidewalks ■ Trail and landscaping ■ Playground ■ Parking lot Estimated Construction Cost — Phase 4 ................... $350,000 ..... $470,000 GrandTotal .................................................................................................................... ............................... .....................$2,970,000 As a result of a strategic design development process and several changes implemented during the construction of Phase 1, Phase 3 of this project will no longer be required as the scope originally proposed has been already been partially implemented in Phase 1 of the project, with the balance included in Phase 2, should the recommendations contained herein be approved by Common Council. ANALYSIS A public tender call (2013- 081202T) was issued on September 3rd, 2013 and closed on September 25th, 2013. Three (3) companies responded to the tender call by submitting bids. The results are as follows (excluding HST): T txauarng x3 i The Class A construction cost estimate prepared just prior to the public tender call was $1,268,412 plus HST. The estimate is within 8.2% of the low bid and 1.7% of the average of the three bids. Staff of Facility Management and Materials and Fleet Management have reviewed the tenders and have found them to be complete and formal in every regard. The low bidder, John Flood & Sons, completed Phase 1 of the Nick Nicolle Community Centre Revitalization project, so they are familiar with the building and the existing conditions. Staff believes that John Flood & Sons has the necessary resources and expertise to perform the work and recommend acceptance of their tender. 179 COMPANYNAME Avondale Construction Limited OFFICE LOCATION Saint John, NB i AMOUNT* $1,280,000 John Flood & Sons Ltd. Saint John, NB $1,172,709 King Construction Limited Saint John, NB $1,288,000 T txauarng x3 i The Class A construction cost estimate prepared just prior to the public tender call was $1,268,412 plus HST. The estimate is within 8.2% of the low bid and 1.7% of the average of the three bids. Staff of Facility Management and Materials and Fleet Management have reviewed the tenders and have found them to be complete and formal in every regard. The low bidder, John Flood & Sons, completed Phase 1 of the Nick Nicolle Community Centre Revitalization project, so they are familiar with the building and the existing conditions. Staff believes that John Flood & Sons has the necessary resources and expertise to perform the work and recommend acceptance of their tender. 179 Report to Common Council Page 3 of 3 C.E. Nicolle Community Centre Revitalization - Award of Construction Contract for Phase 2 FINANCIAL CONSIDERATIONS A construction budget of $1,300,000 was approved by Common Council as part of the 2013 Capital Budget. Factoring in HST and the HST rebates on the low bid amount of $1,172,709, the total base construction cost of this project to the City would amount to $1,212,918.87. Although tender documents are developed with utmost care and due diligence, when concealed details are actually revealed during construction, existing details can vary from those described by as -built drawings and /or other available sources of information that are relied upon during the development of the tender. As such, in addition to the base contract amount, as with any renovation, it is recommended that a construction contingency allowance be carried to address unforeseen conditions. This contingency allowance would only be used if required to deal with the aforementioned situations at the approval of the Manager of Facility Management. It is recommended that a construction contingency allowance in the amount of $80,000 be carried for this project. This amount would be funded by the difference in the actual bid price and the aforementioned $1,300,000 budget approved by Common Council as part of the 2013 Capital Budget. INPUT FROM OTHER SOURCES Staff of Materials Management facilitated the public tender process. Representatives from Facility Management and Materials Management have reviewed this report and are satisfied with the recommendations as they pertain to their respective areas of service. RECOMMENDATION As described in M &C 2013 -214, your City Manager recommends: 1) That Common Council award Bid No. 2012- 081202T: C.E Nicolle Community Centre Revitalization - Phase 2 (Interior Renovations) to the low bidder, John Flood & Sons Ltd., for the bid price of $1,172,709.00 plus HST; 2) That Common Council approve a construction contingency allowance of $80,000 for C.E Nicolle Community Centre Revitalization - Phase 2 (Interior Renovations), which is to be expended only if required to address unforeseen conditions during the construction at the approval of the Manager of Facility Management; and 3) That the Mayor and Common Clerk be authorized to execute the necessary documents. Respectfully submitted, Trevor L. Gamblin, M.Sc.E., P.Eng. Manager, Facility Management f a rick Woods, CGA Manager Gregory I,lY,6mans, CGA, MBA Commis�iq,fier, Finance and Administrative Services :1 I t q-5 REPORT TO COMMON COUNCIL October 1, 2013 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Council: SUBJECT: Members Comments on Council Agenda BACKGROUND At its meeting of September 23, 2013, Council adopted the following resolution: c The City of Saint John "RESOLVED that Council refer to the City Manager to report back concerning the best practices and intent of "members comments" and length of time allowed to each councillor for making comments." ANALYSIS The Municipalities Act s. 10.3(1) states that "a municipality shall enact a by -law to regulate the procedures of its council meetings and such by -law shall include those matters prescribed by regulation." The Province of New Brunswick's Local Government Resource Manual explains that the procedural by -law must contain the following information: -Time, day, location and notice of regular meetings -Rules respecting conduct at council meetings - Public participation (oral and written) - Manner of selection of deputy inayor - Structure of the agenda (Order of the Day) for regular meetings - Calling of Special or Emergency meetings - Governance of matters not provided in the bylaw Common Council's current Procedural By-law requires that each regular Council agenda include 18 standardized headings in a chronological order, with heading #6 being Members Comments. Although the by -law does not contain an interpretation, the intent of the Members Comments heading when the 2005 draft procedural by -law was presented to Council and subsequently adopted, was to provide Council members with an opportunity to make brief verbal 181 Page 2 announcements on community events as well as acknowledgments. A separate agenda section is provided for reports, business matters, and submissions by individual Council members. According to Robert's Rules of Order 101h Edition, it is permissible for agendas to contain optional headings such as Open Forum whereby "members who obtain the floor are permitted to offer informal observations regarding the work of the organization ", or Announcements for "general announcements" by the chair or other members.. A review of several municipal procedural by -laws has revealed that only a few contain open forums for council members to make comments. Perhaps the most comprehensive example is found in the Halifax Regional Municipality (HRM) by -law. It contains an agenda heading entitled Special Community Announcement and Acknowledgments which allows Council members to speak once for one minute to special announcements and acknowledgements. Should Common Council wish to maintain the Members Comments heading on its agenda, it is recommended that the Procedural By -law be amended to define this section and limit the amount of time a member may speak. RECOMMENDATION It is recommended that Common Council direct staff to amend "A By -Law Respecting the Procedures of the Common Council of the City of Saint John" to clarify the purpose and intent of members comments section and to establish a speaking time limit of one minute per Council member. Respectfully submitted, 9 Jonathan Taylor Common CIerk • L� atrick Woods, CGA 1 Manager 182 DEPORT TO COMMON COUNCIL 2 October 2013 � oP a.> His Worship Mayor Mel Norton city of Saint John and Members of Common Council Your Worship and Councillors: SUBJECT: 2014 Budget Preparation Adoption of the operating and capital budgets for the general fund and the water utility is Council's opportunity to demonstrate its' commitment to their identified priorities, to address matters of community concern and to prioritize the use and application of tax revenues. The approved budgets also act as authorization for staff to move forward to implement the plans and priorities of Council. Staff would like an opportunity to discuss a range of issues related to the preparation of the 2014 operating and capital budgets including; • Preliminary revenue Projections — Schedule A • Key cost drivers — pension, wages, inflation — Schedule B • General expectations of Council for the 2014 budget — Open Discussion • Identifying what, if any, departments or ABCs Council wants to hear from directly or the need for teach -ins on particular topics— Open Discussion The City has an aggressive list of strategic initiatives at various stages of completion. Council has also received a range of funding requests that have been referred to the 2014 budget process. As an organization we have a finite amount of time as well as limited financial and human resources available and it is important that these resources be dedicated to those services /projects that most benefit the community. It is proposed that the following framework serve to guide the 2014 budget process; • Continued focus on Council's priorities (roads, recreation, growth, clean water) • Emphasis on bylaw enforcement — non life threatening cases • Additional resources for traffic management (calming, schools, accessibility) • Provision for negotiated wage settlements — Local 18 • Implementation of PlaySJ report and recommendations • Development of the Transportation Master Plan (truck routes, speed limits etc) • Multi -year budget in a service based format 183 It is recommended that a separate in- camera session be scheduled to consider various collective bargaining issues that will arise from the pending expiration of three collective agreements during 2014 ( Local 18 — June 30, Local 486 — Dee 31, Local 771 —Dec 31). Council should also hear from the Police Commission during this session as the results of the current collective bargaining process will impact the largest percentage of the police department budget. Once Council has provided some direction on what, if any, City departments or ABCs they would like to hear from as part of the budget process, staff will finalize a budget preparation schedule that will target completion prior to the Christmas break. Respectfully submitted, \ . y1U, 0"_� J. trick Woods CG.A City Manager ., City of Saint John 2014 Operating Budget Preliminary Discussions Monday, September 9th, 2013 185 r+r r� N a) O 0 m 0 r-I QJ f6 4 O O 4 Q � O O O O) LO LO O N d7 N I,� O cc I� r O 0) r Ly 'C x m O O O IZI- (N (7) LO O r ti d) � d- 00 !-- c'1r) � a) r O r co N LO O Cif �. r r 00 0 Lf% r r O L co V± o .Q (� co a di c6 m _ U 4-0 C O O CT a) O Ct p E O O O _ � O ® N O O U) O r 69— r 61> � r L{} CM � � a) � U � t!} N U U x m In m O ca a) a� o .� o o a U? cq L) v O U O N CL U 0 (� x p N a 0 m 8 .� r .1 O o �'' x . —o r o 4- O a) a) M 'Q cn cn Q o m CL �+ QW Q L CL W xaDZ 0 x E E E 186 m 0 r-I QJ f6 4 m 0 N Ql O rn O MA 5 V) -C o O _U7 U) N c-- � Q O 0 (.) m U) . 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REID Chief of Police /Chef de Police JACKIE FERRAR Executive Administrator/ Secretaire Administrative Telephone/Telephone: (506) 674 -4142 k, Fax/Telecopieur: (506) 648 -3304 E- maillCoumel: policecommission @saintlohn. ca SAINT JOHN Explore our past/ Explorez notre passe Discover your future! Decouvrez votre avenir October 2, 2013 PUBLIC SESSION M &C 2093 -218 Mayor Mel Norton and Members of Common Council Your Worship and Councillors: Re: Saint John Police Force - August 2013 Financial Results The Saint John Board of Police Commissioners, at its meeting on Tuesday, October 1, 2013 accepted and approved the Saint John Police Force 2013 Operating Budget - August Financial Results. On behalf of the Saint John Board of Police Commissioners, I am pleased to provide a copy of this report to Common Council in accordance with Section 7(3) of the New Brunswick Police Act. Respectfully submitted, Ch stopher waldschutz Ch rman Saint John Board of Police Commissioners Ijaf encl. 191 REPORT TO SAINT JOHN BOARD OF POLICE COMMISSIONERS PUBLIC SESSION October 1, 2013 Chris Waldschutz, Chairman and Members of the Board of Police Commission Chairman Waldschutz and Members SUBJECT 2013 Operating Budget —August Financial Results BACKGROUND The purpose of this report is to provide the Board with an update on the financial position of the Saint John Police Force's Operating Budget for the period ended August 31, 2013. FINANCIAL POSITION /RESULTS For the period ended as at August 31, 2013, the Saint John Police Force was under budget year -to -date by $432,587 or 2.85 %. There are five key expense categories that contribute to this budget variance. 1. Salaries and Wages were under budget by $160,065. 2. Overtime costs exceeded budget by $229,142. 3. Overtime costs for Court Time were over budget by $83,213. 4. Fringe Benefits were over by $176,653. 5. Good and Services were under budget by $761,530. 192 Chris Waldschutz, Chairman and Members of the Board of Police Commission October 1, 2013 Page 2 Suhject: 2013 Operating Budget — August Financial Results Budget Analysis SALARIES AND WAGES Salaries were under budget by $160,065 and this is associated with the number of police and civilian vacancies that have not been filled to achieve a balanced budget for 2013. OVERTIME Saint John Police Association (SJPA) The overtime costs were over budget by $231,495. The Patrol Division accounted for $152,207 and the Criminal Investigation Division was over budget by $72,995. This variance in overtime for both divisions is mitigated by $82,035 in revenue that was recovered from billings to third parties for extra -duty (paid over -time) assignments. OTHER PERSONNEL COSTS Court Time - SJPA The cost for court time exceeded budget by $81,941. GOODS & SERVICES The various Goods and Services accounts were under budget by $761,530 and there are a number of key expense categories that are showing under budget due to billings not being received and processed at the end of this reporting period. Based on monthly budget discussions with members of the senior management team, all pending expenses have been accounted for and there are no major events anticipated that should increase overtime costs or other variable expenses for the last reporting period of 2013. The most significant variable that will have a direct impact on the 2013 Operating Budget is the current year wage settlement for the Saint John Police Association which is still unknown. 193 Chris Waldschutz, Chairman and Members of the Board of Police Commission October 1, 2013 Page 3 Subject: 2013 Operating Budget — August Financial Results The projected year -end financial position for the Saint John Police Force is estimated to be the approved budget of $22,777,842 with any significant variance being the result of the finalized wage settlement for unionized police officers. RECOMMENDATION • It is recommended that the Board accept and approve this Financial Report for the period ended as at August 31, 2093 and forward a copy to Common Council as required under Section 7 (3) of the New Brunswick Police Act. Attached reports and documents: Service Based Budget - Actual versus Budget — August 2013 Budget Variance Analysis — August 31, 2013 Respectfully submitted, /MaVrveE-- Corscadden, CGA DIRECTOR HR & FINANCE 194 I _ W W U 0 W O 0 m W p 0 W 71a O m L Z X Q > � W Z r V/ N 0 o 1 o 0 0 0 CO N cD 1- CD 00 1l- 0 Liz � N N N I N i C7 'M CO LO 6? LO O T N: c 9 cc O Irt CD O)a r- LL) e-- N T CO 00 c � 0 C ��� r Cfl 00 I L i 0 CY) N tt 1` I� LO N 00 co N h r- N Ci CD 00 LO 41 N N ct 4 T T � i (D IVII- 0 co M 0 It N 0) m 0x00 V) m LO C) LI) Lf� 't'• 00etN T C) T h CO 'tt Ln N co M O') N N N M I'- co {q LJL O T- C7 'M CO LO 6? LO O T N: c 9 cc O Irt CD O)a r- LL) e-- N T CO 00 c � 0 C ��� r Cfl 00 I L i 0 CY) N tt 1` I� LO N 00 co N h r- N Ci CD 00 LO 41 N N ct 4 T T � i (D IVII- 0 co M 0 It N 0) m 0x00 06 1.6 It -r MIt 00etN T C) T h CO N M N r %- T r � LCD I- N N CD 1~ tt et LO N 00 00 � C 1~ o O (D 1.- LO N N Lt7 1 0 co 00 d N r %- T N N A C O t? V a i 0 .Q N H O i. CL O w 0 3 0 L i w+ tit C d CL O 195 qp Gi 00 L � '� W •� ; Lt7 I.L W N ti r co r 4) 0 C W C V {q LJL O + O I- (D 0 G. CD 0 C r C aD 0 A C O t? V a i 0 .Q N H O i. CL O w 0 3 0 L i w+ tit C d CL O 195 qp ti 00 CV N N Lt7 N N ti r co r CA T' CA N r co mil+ O co co C3� m Lo m `/ tD O Op r LCD (o C] CCU cD N N LO r r O r C 0 •++ y E d Q li! E O m • f0 (!} ; ru.+ O V c b O *10, O .� r O • 0 d 0 •E . 'a si E G� O Q a° cn a U m o a 0 OC N co co N M d' N LCD N CV Lai h d' T CD I* co co IVI Ln r• h h N N SAINT JOHN POLICE FORCE BUDGET VARIANCE ANALYSIS For the Period Ended August 2013 Expense Category Budget $ 15,184,840 Expenses $14,752,252 Variance $432,587 Current Variance Timing Actual $432,587 Salaries & Wages Expense Category Variance Salaries & Wages $160,065 Overtime ($229,142) Other Personnel Costs ($83,213) Fringe Benefits ($176,653) General Services $44,675 196 Explanation of Variance • Salaries -Non -Union under budget by $25k. • Police Officer salaries are under budget by $129k. • Overt i me- SJPA- Patrol: Over budget by ($157k) and this amount is reduced by revenue charged for Extra —Duty assignments. • Overtime- SJPA - Criminal Investigations: Over budget by ($73k) and this amount is reduced by revenue charged for Extra —Duty assignments. • Court Time: Over budget by ($82k). • Benefits increased in 2013 for the new Long-Term Disability (LTD) plan and the Shared Risk Pension plan. The overall benefit calculation is 25.6% for managers and Local 486 employees. The 2013 rate for police officers is 29.4% compared to 24.5% in 2013. • Telephone: Under budget by $42k and a portion of this amount is actual savings and the other figure is the processing of the billing is lagging by a month Saint John Police Force — August 2013 Budget Variance Analysis Expense Category Variance General Services $44,675 Insurance ($6,273) Professional Services $315,547 Other Purchased Services ($13,833) Repair & Maintenance $53,830 197 Explanation of Variance • Travel: Under budget by $7k. • Employer Training : Under by $42k and this relates to the timing of courses and the allocation of the budget. • Employee Initiated Training: Overby $54k and this is due to a higher use in 2013 of the funds available for self - initiated training courses. • Vehicle Insurance: The premium cost for insurance coverage in 2013 (fleet and facilities) was $83k and the $80k budget was allocated over 12 months and this account will be in -line by year -end. • Deductible Account: Under budget by $23k and this relates to the timing of any charges back to Police via the City's insurance department for 3 "d party claims and/or monies due to the SJPF for damaged police vehicles. • Legal Expense — Under budget by $13k but there are legal billings pending and not processed yet. • Detention Security - This expense is under budget by $280k. The quarterly invoices from the Sheriff's department for security services is still pending subject to the signing of the service agreement between the parties. • Timing difference between the budget allocation and the purchase of goods and /or services. • Timing difference between the budget allocation and the purchase of goods and /or services. 2 1 F a 9 c Saint John Police Force — August 2013 Budget Variance Analysis Expense Category Variance Rentals (20,120) Purchased Goods $140,752 Government Services $473 Internal Services $113,657 Explanation of Variance + Timing difference between the budget allocation and the purchase of goods and/or services. • Meals $18k —There has been a reduction in the cost of detainee meals in 2013 in the detention facility. • Apparel $62k — The variance reflects accounting entry to transfer the physical inventory of police uniforms from Rothesay Avenue (City Barns) to Peel Plaza. The expense for Apparel will be in line by the end 2013. • Firearms and Ammunition $27k — Timing difference between the budget allocation and the purchase of ammunition which will occur in the last quarter of 2013. • No significant variance at the end of August 2013. • Fleet Maintenance - $81k —The maintenance costs at the end of August was under budget. There is a pending expense of $27k that will be posted in September. « Fleet Fuel - ($31k) — The fuel costs at the end of August were over budget due to the high prices that continue in 2013. • IT Service Level Agreement Annual Charge - $56k — The quarterly charge back from the IT Department for information technology support at Peel Plaza did not get processed as of August 2013. 3 1 P cu e 198 Saint John Police Force - August 2013 Budget Variance Analysis Expense Category Variance Explanation of Variance Asset Purchases $132,823 . Vehicles $111 k -The budget for the acquisition of new units was under budget. This relates to a timing difference between the budget allocation and the actual purchases. Other Assets $21 k - Timing difference between the budget allocation and the acquisition of other operational I assets. 41F a9e 199 REPORT TO COMMON COUNCIL M & C #2013 -220 October 7, 2013 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: Waiving of the Conditions of Sale of former Freedom and Vimy Courts to Vimy Estates Inc. for Development of Senior Apartment Complex Common Council, at its September 23, 2013 meeting approved the sale of two former streets (Freedom and Vimy Courts) to Vimy Estate Inc., subject to an Agreement of Purchase and Sale. The proponent intends to develop a seniors multi -unit residential building on the site with possible future buildings as well. .7- City of Saint john The obligation of the City to complete the sale is conditional upon the Purchaser having completed the acquisition of the surrounding lands from NB Housing Corporation no later than September 30, 2013. This condition was included in the agreement to ensure the proponent completed its other land acquisition, prior to the City conveying its land asset to the developer. In the Agreement of Purchase and Sale the City reserved the right to waive this pre - condition of sale. Staff was advised that the transaction involving NB Housing Corporation only closed on October 2, 2013. As the above noted pre- condition of sale has now been satisfied, albeit after the deadline specified in the agreement, staff is prepared to complete the closing on the prearranged date of October 15, 2013. The recommendation contained in this report is to waive the pre - condition to the sale, pursuant to the Agreement. RECOMMENDATION: That the City of Saint John waive the pre - condition set out in article 5.1 of the Agreement of Purchase and Sale and proceed to complete the land conveyance to Vimy Estates Inc. pursuant to the Agreement of Purchase and Sale. 200 Sale of Freedom and Vimy Courts - 2 - October 7, 2013 Respectfully submitted, urtis Langille, BA Real Estate Officer r-cc�loremgn Yeom� s, CGA, MBA issioner Finance and Administrative Services Attachments CL /c 201 1rving, A (:Manager Re Estate P trick Woods, CGA 4 Manager Sale of Two Former Streets Printed: 49/16/13 14:51:24 PM n rtri +`<ei�lti October 7`h 2013 Deputy Mayor and Councillors Subject: Freedom of the City The Committee of the Whole, having met on June 17, 2013, made the following recommendation: RESOLVED that Common Council confer the honour of Freedom of the City to Dr. Richard Currie in recognition of his significant contribution to the City of Saint John. Sincerely, Mel Norton Mayor !- ILI SAINT JOHN P.O. Sox 1971 Saint John, NB Canada E2L 41 I wwwsaintiohn.ca I C.i? 1971 Saint Jahn, NA. Canada EA 4L1 ^� 203 ( 6 A 1 October 3, 2013 Deputy Mayor and Members of Common Council RE: Priorities Update Background: At the commencement of this Council's mandate Common Council met to set priorities for the period 2012-2016. Council has made progress on achieving its priorities, however, as we approach the second half of this Council's term it will become increasingly important to remain focused on our priorities in order to ensure we achieve each objective. Motion: Council direct the City Manager to arrange for the scheduling of a facilitated Priority Update Session to: 1) review and update Council's priorities; and 2) assess actions that need to be taken to ensure achievement of remaining stated priorities. Further, that such Priority Update Session be held prior to approving the 2014 budget. Yours very truly, Mel K. Norton Mayor City of Saint John 204 PROCLAMATION WHEREAS: many dedicated citizens have joined with volunteer, professional and industrial fire safety personnel as "Partners in Fire Prevention" in a relentless effort to minimize loss to Iife, destruction of property and damage to the environment; and WHEREAS: fire losses in Canada remain unacceptably high in comparison with those in other industrialized nations thereby necessitating improved fire prevention measures; and WHEREAS: it is desirable that information on fire causes and recommended preventive measures be disseminated during a specific period of the year; and WHEREAS: the 2013 fire prevention theme for this period is: "PREVENT KITCHEN FIRES "; NOW THEREFORE: I, Mayor Mel Norton, of Saint John do hereby proclaim Sunday, October 6 "i, 2013 to Saturday, October 12 "', 2013 as "Fire Prevention Week" in the City of Saint John Further: in appreciation of the many services rendered by the members of the fire department that Saturday, October 12"' be designated as Fire Service Recognition Day. In witness whereof I have set my hand and affixed the official seal of the Mayor of the City of Saint John. 205