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2014-09-02_Agenda Packet--Dossier de l'ordre du jourr. City of Saint John Common Council Meeting AGENDA Tuesday, September 2, 2014 6:00 pm Council Chamber Please use Chipman Hill entrance S'il vous plait utiliser 1'entree Chipman Hill Si vous avez besoin des services en francais pour une reunion de Conseil communal, veuillez contacter le bureau du greffier communal au 658 -2862. 1. Call to Order - Prayer 2. Approval of Minutes 2.1 Minutes of August 18, 2014 3. Approval of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda Pages an 5.1 Port City Hop regarding Sponsorship (Recommendation: Provide $200 Grant) 9-10 5.2 Proposed Public Hearing Date - 139 -147 Prince Edward St and 36 -38 Exmouth 11 - 11 St (Recommendation in Report) 5.3 Merchant Agreement - Chase Paymentech Solutions (Recommendation in 12-18 Report) 5.4 CNIB Letter re: Request to Present to Common Council (Recommendation: 19-20 Receive for Information) 5.5 Acquiring of Title to Fire Lane off Alma Street East (Recommendation in Report) 21 -24 5.6 Easement Acquisition from Anglican Church of Canada - Saint Luke's Church 25-28 (Recommendation in Report) 6. Members Comments 1 Powered By; .1 WE' 7. Proclamation 7.1 Prostate Cancer Awareness Month - September 2014 29-29 8. Delegations / Presentations 9. Public Hearings - 6:30 p.m. 9.1 Staff Presentation - Proposed Rezoning 431 Millidge Avenue 30-40 9.1.1 Proposed Zoning ByLaw Amendment - 431 Millidge Ave 41 -51 9.1.2 Planning Advisory Committee report recommending Rezoning with 52-69 Section 39 Conditions 10. Consideration of By -laws 10.1 Third Reading - ByLaw Respecting the Stopping Up and Closing of Highways 70-71 in The City of Saint John 11. Submissions by Council Members 11.1 Director's Insurance (Deputy Mayor Rinehart) 72-72 11.2 Mission Statement (Mayor Norton) 73-74 12. Business Matters - Municipal Officers 12.1 Fleet Usage Policy 75-80 12.2 Management Agreement Hilton and TCC (Tabled on Aug 18, 2014) 81 -83 13. Committee Reports 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 16. Supplemental Agenda 16.1 Cherry Brook Zoo - Building Permit and Variance Application Authorization 84-95 16.2 Naming of Milford Baseball Field in Memory of Donnie Dwyer 96-96 16.3 Brunswick Engineering and Consulting Inc.: Request to Withdraw Rezoning 97-97 Application - 170 Ashburn Lake Road 16.4 Proclamation: Shinerama Saint John Week - Sept 2 -6, 2014 98-98 1 17. Committee of the Whole 17.1 Long Term Disability ( "LTD ") - Interest Arbitration 17.2 Donation of a Bench to Larche Memorial Park 18. Adjournment 9 100-100 City of Saint John Common Council Meeting Tuesday, September 2, 2014 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. 8th Floor Boardroom, City Hall 1.1 Approval of Minutes 10.2(4) 1.2 Financial Matter 10.2(4)(c) 1.3 Financial Matter 10.2(4)(c) 1.4 Financial Matter 10.2(4)(c) 1.5 Financial Matter 10.2(4)(c) 1.6 Land Matter 10.2(4)(d) 1.7 Employment Matter 10.2(4)0) 1.8 Financial Matter 10.2(4)(c) 1.9 Nominating Committee 10.2(4)(b) The City of Saint John Seance du conseil communal Le mardi 2 septembre 2014 18 h Salle du conseil Comit6 pWnier 1. Ouverture de la seance Si vous souhaitez obtenir des services en franrais pour une reunion du Conseil communal, veuillez communiquer avec le bureau du greffier communal au 658 -2862. Chacun des points suivants, en totalit6 ou en partie, peut faire l'objet d'une discussion en priv6 en vertu des dispositions pr6vues a Particle 10 de la Loi sur les municipalites. Le conseil /comit6 prendra une ou des decisions a cet 6gard au cours de la s6ance publique 16 h 30 — Salle de conference, 8e 6tage, hotel de ville 1.10 Approbation du proces- verbal — alin6a 10.2(4)b) 1.11 Question financiere — alin&a 10.2(4)c) 1.12 Question financiere — alin6a 10.2(4)c) 1.13 Question financiere — alin&a 10.2(4)c) 1.14 Question financiere — alin&a 10.2(4)c) 1.15 Question relative aux biens -fonds — alin&a 10.2(4)d) 1.16 Question relative a 1'emploi — alin6a 10.2(4)j) 1.17 Question financiere — alin6a 10.2(4)c) 1.18 Comit& des candidatures — alin6a 10.2(4)b) Seance ordinaire 1.Ouverture de la s6ance, suivie de la priere 2. Approbation du proces- verbal 2.1 Proc&s- verbal du 18 aout 2014 3. Adoption de Vordre du jour 4. Divulgations de conflits dint& is 5. Approbation du conseil 5.1 Port City Hop concernant une demande de parrainage (recommandation : fournir une subvention de 200 $) 5.2 Date propos &e pour la tenue d'une audience publique concernant les 139- 147, rue Prince Edward et les 36 -38, rue Exmouth (recommandation figurant au rapport) 5.3 Entente avec les commerrants — Chase Paymentech Solutions (recommandation figurant au rapport) 5.4 Lettre de 1'Institut national canadien pour les aveugles (INCA) en vue de faire une presentation devant le conseil (recommandation : accepter a titre informatif) 5.5 Acquisition du titre de la voie r6serv6e au service d'incendie pr&s de la rue Alma Est (recommandation figurant au rapport) 5.6 Acquisition d'une servitude aupr&s de L'Eglise anglicane du Canada — Eglise Saint Luke (recommandation figurant au rapport) 6. Commentaires presentes par les membres 7. Proclamation 7.1 Mois de sensibilisation au cancer de la prostate — septembre 2014 8. Delegations et presentations 9. Audiences publiques —18 h 30 9.1 Presentation du personnel : Projet de zonage visant le 431, avenue Millidge 9.1.1 Projet de modification de 1'ArrW de zonage relatif au 431, avenue Millidge 9.1.2 Rapport du Comit6 consultatif d'urbanisme recommandant le rezonage conform6ment aux conditions impos6es par Particle 39 10. Etude des arretes municipaux 10.1 Troisi&me lecture de 1'Arret6 sur 1'interruption de la circulation et la fermeture des routes dans The City of Saint John 11. Interventions des membres du conseil 11.1 Assurance pour les administrateurs (mairesse suppl&ante Rinehart) 11.2 Enonc6 de mission (maire Norton) 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.1 Politique sur 1'utilisation du parc de v6hicules 12.2 Contrat de gestion — Hilton et Trade & Convention Centre (point report& lors de la r6union du 18 aout 2014) 13. Rapports deposes par les comit6s 14. Etude des sujets 6cart6s des questions soumises a Papprobation du conseil 15. Correspondance g6nkrale 16.Ordre du jour suppl6mentaire 16.1 Zoo Cherry Brook — Autorisation des demandes de permis de construction et de d6rogation 16.2 Nom donne au terrain de baseball de Milford en hommage a Donnie Dwyer 16.3 Brunswick Engineering and Consulting Inc.: Demande de retrait de la demande de rezonage visant le 170, chemin Ashburn Lake 16.4 Proclamation: Semaine de la campagne Shinerama dans The City of Saint John — du 2 au 6 septembre 2014 17. ComW pl6nier 17.1 Invalidit6 a long terme — Arbitrage d'un diff6rend 17.2 Don d'un banc pour le parc commemoratif Larche 18. Lev& de la s6ance 98- COMMON COUNCIL /CONSEIL COMMUNAL AUGUST 18, 2014 /LE 18 AOUT 2014 COMMON COUNCIL MEETING — THE CITY OF SAINT JOHN CITY HALL — AUGUST 18, 2014 - 6:00 P.M. Present: Mel Norton, Mayor Deputy Mayor Rinehart and Councillors Farren, Fullerton, Lowe, MacKenzie, McAlary, Merrithew, Norton, Reardon and Strowbridge. - and - W. Edwards, Acting City Manager / Commissioner of Transportation and Environment Services; J. Nugent, City Solicitor; C. Graham, Comptroller, Finance; J. Hamilton, Commissioner Growth and Community Development; K. Clifford, Fire Chief; J. Taylor, Common Clerk; P. Anglin, Deputy Common Clerk. Call To Order — Prayer Mayor Norton called the meeting to order and Rev. Erik Kragland offered the opening prayer. 2. Approval of Minutes 2.1 Minutes of August 5, 2014 On motion of Councillor McAlary Seconded by Councillor MacKenzie RESOLVED that the minutes of the meeting of Common Council, held on August 5, 2014 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 be approved with the addition of items 16.1 Bid No. 2014- 085103Q Bridge Street Sanitary Sewer Installation; 17.1 Recommended Appointment to Police Commission; and 17.2 Recommended Appointment to Port Authority. Question being taken, the motion was carried. 4. Disclosures of Conflict of Interest Councillor Fullerton declared a conflict of interest with item 17.2 Recommended Appointment to Saint John Port Authority. 5. Consent Agenda 5.1 That the letter from D. Larsen regarding the cessation of City provided services to Beach Road be received for information. On motion of Councillor McAlary Seconded by Councillor Strowbridge RESOLVED that the recommendation set out in the consent agenda be adopted. Question being taken, the motion was carried. 6. Members Comments Council members commented on various community events. 98- COMMON COUNCIL /CONSEIL COMMUNAL AUGUST 18, 2014/LE 18 AOUT 2014 7. Proclamation 8. Delegations /Presentations 10. Consideration of By -laws 10.1 Third Reading of Zoning ByLaw Amendment — 55 Latimore Lake Road On motion of Councillor McAlary Seconded by Councillor Strowbridge RESOLVED that the by -law entitled, "By -Law Number C.P. 110 -228 A Law to Amend the Zoning By -Law of The City of Saint John," amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 40.6 hectares, located at 55 Latimore Lake Road, also identified as being a portion of PID Number 00331330, from "RS -2" One and Two Family Suburban Residential and "RS -2M" One and Two Family and Mobile Home Suburban Residential to "US" Utility and Service, be read. Question being taken, the motion was carried. The by -law entitled, "By -Law Number C.P. 110 -228 A Law to Amend the Zoning By -Law of The City of Saint John," was read in its entirety. On motion of Councillor Farren Seconded by Councillor McAlary RESOLVED that the by -law entitled, "By -Law Number C.P. 110 -228 A Law to Amend the Zoning By -Law of The City of Saint John," amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 40.6 hectares, located at 55 Latimore Lake Road, also identified as being a portion of PID Number 00331330, from "RS -2" One and Two Family Suburban Residential and "RS -2M" One and Two Family and Mobile Home Suburban Residential to "US" Utility and Service, be read a third time, enacted, and the Corporate Common Seal affixed thereto. Question being taken, the motion was carried. Read a third time by title, the by -law entitled, "By -Law Number C.P. 110 -228 A Law to Amend the Zoning By -Law of The City of Saint John." 10.2 Public Presentation — Municipal Plan Amendment 1808 Hickey Road A Public Presentation was given for a proposed amendment to the Municipal Development Plan which would re- designate, on Schedule A of the Plan, a parcel of land with an area of approximately 14.5 hectares, located at 1808 Hickey Road, also identified as being PID Nos. 00418491 and 55102628, from Rural Resource Area (outside of the Primary Development Area) to Stable Area (within the Primary Development Area), and also to re- designate, on Schedule B of the Plan, the same parcel of land, from Rural Resource (outside of the Primary Development Area) to Stable Residential (within the Primary Development Area). 11. Submissions by Council Members 11.1 Parking Surcharge (Councillor Merrithew) On motion of Councillor Merrithew Seconded by Councillor Farren RESOLVED that Council refer to the Parking and Transit Commissions the task of implementation of a parking surcharge on all parking lots, public and private, in the City and that the surcharge be dedicated to the renewal of the bus fleet. Question being taken, the motion was carried. 11.2 Clarification of Statement (Councillor Farren) Councillor Farren moved a motion, which did not receive a seconder, for the Mayor's office to help clarify a statement made by Saint John Industrial Parks with respect to acquiring land from the Province for in the Spruce Lake Industrial Park. 11.3 City Vehicles (Councillor Farren) 3 98- COMMON COUNCIL /CONSEIL COMMUNAL AUGUST 18, 2014 /LE 18 AOOT 2014 Mr. Edwards advised that two reports will be presented to Council, a fleet policy for small vehicles on September 2nd and the comprehensive Mercury Report on September 9t" On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that item 11.3 regarding City Vehicles be tabled pending the forthcoming reports addressing fleet. Question being taken, the motion was carried with Councillor Farren voting nay. 11.4 Published List of Municipally Owned Facilities and Properties to the Corporate Website (Councillors Norton and Fullerton) On motion of Councillor Norton Seconded by Councillor Fullerton RESOLVED that the City Manager ppublish a list of all City of Saint John municipally owned facilities and properties and leased space to the corporate website. Question being taken, the motion was carried. 11.5 Requests re Accessibility Policies (Mayor Norton) On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that Council request the City Manager report back on the City of Saint John's current accessibility policies, committees, departments, or individuals currently engaged in concerns regarding accessibility. Question being taken, the motion was carried. 12. Business Matters - Municipal Officers 12.1 Award for Demolition of the Building at 167 -171 Prince William Street (PID #11486) C. McKie) and J. Hamilton discussed safety and timing of the demolition. On motion of Councillor McAlary Seconded by Councillor Merrithew RESOLVED that as recommended by the City Manager in the submitted report M &C 2014 -141: Award for Demolition of the Building at 167 -171 Prince William Street (PID #11486), the proposal of Gulf Operators Limited for the demolition of the building at 167 -171 Prince William Street (PID #11486) be accepted and that the Mayor and Common Clerk be authorized to execute the contract completed in accordance with the said proposal and in the form submitted therewith. Question being taken, the motion was carried. 9. Public Hearings 6:30 P.M. 9.1 Proposed By -Law Amendment Stop Up and Close: Spruce Avenue (1St and 2nd Reading) The Common Clerk advised that the necessary advertising was completed with regard to the proposed by -law amendment to stop -up and close Spruce Avenue, by adding thereto Section 237 immediately after Section 236, with no objections received. The Mayor called for members of the public to speak against the proposed amendment with Mr. David Griffin of Red Head Road addressing Council. The Mayor called for members of the public to speak in favour of the proposed amendment with no one presenting. 11 98- COMMON COUNCIL /CONSEIL COMMUNAL AUGUST 18, 2014/LE 18 AOUT 2014 On motion of Councillor McAlary Seconded by Councillor Merrithew RESOLVED that the by -law entitled, "A By -Law Respecting the Stopping Up and Closing of Highways in the City of Saint John" regarding Spruce Avenue, by adding thereto Section 237 immediately after Section 236 thereof, be read a first time. Question being taken, the motion was carried. Read a first time by title, the by -law entitled, "A By -Law Respecting the Stopping Up and Closing of Highways in the City of Saint John." On motion of Councillor McAlary Seconded by Councillor Reardon RESOLVED that the by -law entitled, "A By -Law Respecting the Stopping Up and Closing of Highways in the City of Saint John" regarding Spruce Avenue, by adding thereto Section 237 immediately after Section 236 thereof, be read a second time. Question being taken, the motion was carried. Read a second time by title, the by -law entitled, "A By -Law Respecting the Stopping Up and Closing of Highways in the City of Saint John." 12.2 Management Agreement - Hilton and Trade and Convention Centre On motion of Councillor MacKenzie Seconded by Councillor Strowbridge RESOLVED that item 12.2 Management Agreement - Hilton and the Trade and Convention Centre be tabled pending a report back from the City Manager on revenue generation from sponsorship opportunities. Question being taken, the motion was carried. 12.3 Separation of Storm Water from Sewer System On motion of Deputy Mayor Rinehart Seconded by Councillor Reardon RESOLVED that the report M &C 2014 -135: Separation of Storm Water from Sewer System be received for information. Question being taken, the motion was carried. 12.4 City of Saint John Five -Year Capital Investment Plan for the GTF (Gas Tax Fund) Administrative Agreement (2014 -2018) On motion of Councillor McAlary Seconded by Councillor Norton RESOLVED that as recommended by the City Manager in the submitted report M &C 2014 -136: City of Saint John Five -Year Capital Investment Plan for the GTF Administrative Agreement (2014- 2018), the document entitled City of Saint John Five -Year Capital Investment Plan for the GTF Administrative Agreement (2014 -2018) be adopted. Question being taken, the motion was carried. 12.5 Water and Sewerage By -Law Consideration was given to a submitted report from the City Manager entitled "Water and Sewerage By- Law ". On motion of Councillor McAlary Seconded by Councillor Farren RESOLVED that a by -law entitled, "By -Law Number M -16 A Law to Amend a By -Law Respecting Water and Sewerage" amending Section 2, Service Connections, be read a first time. 5 98- COMMON COUNCIL /CONSEIL COMMUNAL AUGUST 18, 2014 /LE 18 AOUT 2014 Question being taken, the motion was carried. Read a first time by title, the by -law entitled, "By -Law Number M -16 A Law to Amend a By -Law Respecting Water and Sewerage ". On motion of Councillor McAlary Seconded by Councillor Farren RESOLVED that a by -law entitled, "By -Law Number M -16 A Law to Amend a By -Law Respecting Water and Sewerage" amending Section 2, Service Connections, be read a second time. Question being taken, the motion was carried. Read a second time by title, the by -law entitled, "By -Law Number M -16 A Law to Amend a By -Law Respecting Water and Sewerage ". 12.6 Contract No. 2014 -10 - Sanitary Sewer Structural Lining - Various Locations On motion of Councillor McAlary Seconded by Councillor Farren RESOLVED that as recommended by the City Manager in the submitted report M &C 2014 -140, Contract No. 2014 -10 - Sanitary Sewer Structural Lining - Various Locations be awarded to the Tenderer, Insituform Technologies Limited, at the tendered price of $546,546.00 (including HST) as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. 12.7 Lease of Exterior Wall Facade and Penthouse Space at Admiral Beatty Complex for Communications Antenna & Ancillary Equipment On motion of Deputy Mayor Rinehart Seconded by Councillor McAlary RESOLVED that as recommended by the City Manager in the submitted report M &C 2014 -142: Lease of Exterior Wall Facade and Penthouse Space at Admiral Beatty Complex for Communications Antenna & Ancillary Equipment: 1) The City of Saint John enter into a lease with Saint John Non Profit Housing Incorporated for the north exterior face of the penthouse located on the roof of the Admiral Beatty Complex, said building being located on Service New Brunswick Parcel Identifier Number 00009548, together with the northwest portion of the interior of the 1 st level of the said penthouse, such interior space being approximately 8.5 square metres, upon the terms and conditions, and in the form as attached to M &C 2014 -142; and 2) That the Mayor and Common Clerk be authorized to execute the necessary documents. Question being taken, the motion was carried. 12.8 2014 Fleet Replacement - Tender Awards - Phase III On motion of Councillor McAlary Seconded by Councillor Merrithew RESOLVED that as recommended by the City Manager in the submitted report M &C 2014 -143: 2014 Fleet Replacement - Tender Awards - Phase /ll, Common Council award the tenders as follows: 1) One (1) 14 cubic yard sanitation packer at a total cost of $143,161.29 plus HST to Haul -All Equipment Systems; 2) Three (3) municipal sidewalk tractors and attachments at a total cost of $306,275.01 plus HST to Saunders Equipment Ltd.; 3) One (1) tandem dump truck at a total cost of $140,760.00 plus HST to Universal Truck and Trailer; and X 98- COMMON COUNCIL /CONSEIL COMMUNAL AUGUST 18, 2014/LE 18 AO(JT 2014 4) Two (2) backhoe /loaders with extended booms at a total cost of $186,766.28 plus HST to Strongco Corporation Question being taken, the motion was carried. 13. Committee Reports 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 16. Supplemental Agenda 16.1 Bid No. - 2014- 085103Q Bridge Street Sanitary Sewer Installation On motion of Councillor McAlary Seconded by Councillor Reardon RESOLVED that as recommended by the City Manager in the submitted report M &C 2014 -144, Bid No. 2014- 085103Q: Bridge Street Sanitary Sewer Installation be awarded to the low Tenderer, Galbraith Construction Ltd. at the tendered price of $101,031.49 (including HST) as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. 17. Committee of the Whole 17.1 Recommended Appointment to Police Commission On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that as recommended by the Committee of the Whole having met on April 15, 2014, the following appointment be made: City of Saint John Board of Police Commissioners: to appoint Brian Boudreau to the Board of Police Commissioners for a three year term from August 18, 2014 to August 18, 2017. Question being taken, the motion was carried. (Councillor Fullerton withdrew from the meeting) 17.2 Recommended Appointment to Port Authority On motion of Deputy Mayor Rinehart Seconded by Councillor Merrithew RESOLVED that as recommended by the Committee of the Whole, having met on August 18, 2014 the following appointment be made: Saint John Port Authority: to appoint Kathy Craig for a three year term from August 18, 2014 to August 18, 2017. Councillor Farren, spoke against the motion, stating that it was Council Policy to appoint board members to one board only. Deputy Mayor Rinehart, spoke as Chair of the Nominating Committee outlining the process used to select the successful candidate. The following measures were followed: Advertised in the paper • Applied the skills matrix criteria provided by the Port Authority • Reviewed the letter received from minister requesting a skill set • Reviewed the new applications received via the website and existing applications • 11 received a first cut, 5 were short listed; 4 interviewed, I recused themself because of a work conflict 7 98- COMMON COUNCIL /CONSEIL COMMUNAL AUGUST 18, 2014 /LE 18 AOUT 2014 4 were interviewed, the standard questions were scored Final recommendation was provided to Council Committee chose not to use the "notwithstanding clause" because they felt the position was too high profile and the work too rigorous to sit on two boards, the successful applicant would be required to be removed from service on existing boards and serve exclusively on the Port Authority Question being taken the motion was carried with Councillors Farren, Lowe, McAlary and Norton voting nay. (Councillor Fullerton re- entered the meeting) 18. Adjournment On motion of Councillor Strowbridge Seconded by Councillor Norton RESOLVED that the Common Council meeting of August 18, 2014 be adjourned. Question being taken, the motion was carried. The Mayor declared the meeting adjourned at 7:02 p.m. Mayor / maire Common Clerk / greffier communal n. 1' . Attn: City of Saint John Re: Presenting Sponsor for Port City Hop T Y As your organization is that representing the people, history and culture of Saint John, I wish to include you in this event. After much planning and a change in format, I'm proud to seek your support of the Port City Hop, as Presenting Sponsor. It has never been easier to get your business in front of more than 700,000 people at once. The Port City Hop is a hybrid event; mixing social media, local culture and entertainment. At the inaugural event, over 60 people packed into the Saint John Ale House Pub, churning out valuable online conversation toward an engaged audience on social networks such as Twitter, Facebook, Vine and Instagram. In 2014, the experience will be different. With the support of Discover Saint John, the event will take on a mobile nature as it begins. On September 6, participants will tour the City of Saint John in a bright pink double- decker bus. At each stop on the tour, event attendees will be encouraged to and will also organically take photos, video and post to social networks of their experience. The event will end with a wrap party, featuring a new album release by local musician Wayne (Hansen. We expect attendance to reach approximately 150 to 200 people, in 2014. The benefit to you as a sponsor, is the access to the Port City Hop's audience as well as the buzz created leading up to the event. Not only does your company have the opportunity to be seen by an incredible number of social media users, you also have the ability to engage with that audience and turn those engagements into new fans, followers and potential sales leads. The sponsorship levels for the 2014 Port City Hop are included in this package. If your company would like to take advantage of this sponsorship opportunity, please contact me at your earliest convenience. Kindest Regards, Mark Burnett Port City Hop Organizer Phone: (506) 609 -6699 Email: mark@ithappened here. ca Twitter: www.twitter.com /burnettisms Web: www.ithal2penedhere.ca /hoo A R 2014 Port City Hop Sponsorship Levels Presenting Sponsor - $1000 - Organization logo featured prominently on event banners, signage and event materials - Full size advertisement space on event map 8.5 inches x 5 inches (all in attendance receive this) - Company name and social media profiles mentioned alongside event name in all communications (Example: Port City Hop presented by XYZ Company) - Recognition as presenting sponsor in all media releases and interviews - Company name or logo featured prominently on event tickets - Mention by the Master of Ceremonies at all speaking points during the event - 15 tickets to the Port City Hop wrap party ($150 value) Event Sponsor - $240 - Organization name, social networks and logo featured on event map (all in attendance receive this) - Logo featured on event posters, distributed throughout the City of Saint John Mention by the Master of Ceremonies at select speaking points during the event - Mention of your social media profiles during the event - Mention of your company in all media releases and select interviews - 4 Tickets to the Port City Hop wrap party ($40 value) Door Prize Sponsor - Minimum $50 prize value - Customized social posts directed to your business during the event - Inclusion of the URL of your social media profiles on the event map (all in attendance receive this) Location points for your place of business on the event map 10 M &C -2014 -147 August 21, 2014 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: City of Saba John SUBJECT: Proposed Public Hearing Date - 139147 Prince Edward Street & 36 -38 Exmouth Street As provided in Common Council's resolution of August 3, 2004, this report indicates the rezoning and Section 39 amendment applications received and recommends an appropriate public hearing date. Details of the applications are available in the Common Clerk's office and will form part of the documentation presented at the public hearings. The following application has been received. Name of Location Existing Proposed Reason Applicant Zone Zone Saint John 139 -147 Prince 111W -1F" `B -2" or To permit a Community Edward Street & CG building for non- Loan Fund 36 -38 Exmouth Street profit organi- Inc• zations, micro - enterprises and social enterprises RECOMMENDATION: That Common Council schedule the public hearing for the rezoning application of the Saint John Community Loan Fund Inc. (139 -147 Prince Edward Street/36 -38 Exmouth Street) for Monday, September 29, 2014 at 6.30 p.m. in the Council Chamber, and refer the application to the Planning Advisory Committee for a report and recommendation. Respectfully submitted, Jacqueli �amilton, C IP, RPP Commissioner Growth and Community Development Services JH /r 11 dy- J. k Wo' ods, C A Ci Manager REPORT TO COMMON COUNCIL M & C 2014 -149 August 25, 2014 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: Merchant Agreement — Chase Paymentech Solutions BACKGROUND: City of Saint John In November of 2008, the City entered into an agreement with Chase Paymentech Solutions, on behalf of the Bank of Nova Scotia, to process payment card (Debit, Visa, and MasterCard) transactions for the City of Saint John. The existing Merchant Account currently includes transactions from the Finance Department, Building Inspection, Parking Commission, Municipal Operations and Saint John Police Force. The Saint John Transit Commission opened their new location in July 2009 and after a few years of operation in the new facility, there is a need to offer citizens different methods of payment (Debit, Visa, and MasterCard) for transactions such as purchase of bus passes and tokens, bus charters and bus servicing due to the increase in foot traffic in the new location. Presently they are only able to accept cash or credit cards with transaction validation by phone with Chase Paymentech. In order to facilitate the acquisition of such equipment, we need to enter into a new agreement with Chase Paymentech. Details of the Merchant Account can be found in the attached Merchant Agreement Addendum and Schedule A to Merchant Agreement Assumptions and Fees. ANALYSIS: This Merchant Application and Agreement was previously reviewed by the Legal Department and they have indicated that there are no major concerns arising from their review of the existing agreement. 12 M & C — 2014 -149 August 25, 2014 RECOMMENDATION: WM RESOLVED that Common Council authorize the Mayor and Common Clerk to execute the attached agreement between The City of Saint John and Chase Paymentech Solutions respecting the use of a debit machine for the Saint John Transit Commission. Respectfully submitted, Gregory J. Yeomans, CGA, MBA Commissioner of Finance and Administrative Services J. Patrick Woods, CGA City Manager 13 CHASE 0'" Paymentech MERCHANT AGREEMENT ADDENDUM: ADDITIONAL LOCATION !SERVICES MERCHANT LEGAL NAME: City of Saint John ( "Merchant," "you" or "your"): As the person signing below on behalf of the Merchant, I certify that I am duly authorized to sign this Addendum on behalf of the Merchant. individual signature ( #1 from application) Title Pnnt Name Date Individual S'.gnature ( #2 from application) Title Print Name Date "Personal information is collected, used and d;sclosed as descr"ned herein and in accordance Wth our Ulcab.e Privacy Poiiey (available at w. w:.chasepaymentech.ca or upon request) cr otherwise as permitted by law. - Trademark of Chase Paymentech Solutions, LLC. Chase Paymentech Solutions authorized user. T- Trademark of Chase Paymentech Solutions, LLC. Chase Paymentech Solut:ons authorized user. v. 1112612 MCC: REFERRAL SOURCEIASSOCIATION NUMBER, SELF REFERRAL NUMBER: 0055 SALES REPRESENTATIVE'. DANINE.FERGUSON SALES REP ID: TELEPHONE NUMBER: 889.595.4999 CORPORATE NO. 1329256 EXISTING MERCHANT NUMBER: PROCESSING • UIPMENT REQUESTED ADDITIONAL LOCATION: IR ADDITIONAL SERVICE: ❑ I PREFERRED LANGUAGE: ❑ ENGLISH ❑ FRENCH PAYMENT INSTRUMENT ACCEPTANCE REQUESTED (SELECT ALL THAT APPLY): ® VISA ® MASTERCARD ® INTERAC ® VISA DEBIT ® MAESTRO ❑ MASTERCARD DEBIT ❑ AMERICAN EXPRESS AND JOB ❑ AMERICAN EXPRESS IF APPLICABLE, ENTER AMERICAN EXPRESS # ❑ PRIVATE LABEL: ❑ DISCOVERt CREDIT IF APPLICABLE, ENTER DISCOVER # TDis04ver include the following card products and types: Discover Diners Club IntemaFonal China UmcnPay BCcard and DnaCard EQU €PMENT TYPE ® RENT []PURCHASE ❑ LEASE ❑ REPROGRAM CURRENCY: ® CANADIAN ❑ U.S. ❑ BOTH CANADIAN AND U.S. INFORMATION* MERCHANT BUSINESS LEGAL NAME IS YOUR BUSINESS SEASONAL? City of Saint John El YES Z NO MAILINGlBILLINGADDRESS CITY PROVINCE POSTAL CODE One Peel Plaza, PO Box 1971 Saint John NB E2L 4L1 TELEPHONE NUMBER FAX NUMBER GST NUMBER TOTAL # OF LOCATIONS 506.6483200 1 I MFRCHANT'DOING BUSINESS AS' NAME BUSINESS START DATE HOW LONG AT THIS LOCATION Saint John Transit Commission LOCATION ADDRESS CITY PROVINCE POSTAL COD£ 55 McDonald St, Saint John NB 122J OC7 TELEPHONE NUMBER PRIMARY MERCHANT CONTACT E -MAIL ADDRESS 506.658 4710 Anne Drew anne.dreA gsaintjohn.ca TYPE OF OWNERSHIP: ❑ SOLE OWNERSHIP ❑ PARTNERSHIP ❑ LLC ❑ PUBLIC CORP ❑ PRIVATE CORP ❑ NON- PROFIT CORP ®. GOVERNMENT CORP TYPE OF BUSINESS: O RETAIL Cl WHOLESALE ❑ RFSTF URANT ❑ LODGING ❑ MAIL ORDER ❑ TELEPHONE ORDER ❑ CONVENIENCE STORE ❑ CONVENIENCE STORE WITH GAS ❑ INTERNET ❑ BUSINESS TO BUSINESS ❑ HOME -BASED ❑ OTHER (SPECIFY) LIST ALL WEBSITE ADDRESSES: www.salnt]ohn.Ga DESCRIBE THE MERCHANDISE SOLD OR SERVICE PROVIDED metro bus passess DELIVERY METHOD FOR STATEMENT: DELIVERY METHOD FOR CHARGEBACKS. ❑ MAIL: ❑ ADDRESSIBILLING ADDRESS ❑ LOCATION ADDRESS ❑ MAIL: ❑ ADDRESSIBILLINGADDRESS ❑ LOCATION ADDRESS ❑ EMAIL: ❑ Fes'. SALES DEPOSIT • 'x,,Annual Credit Card Sales Generated b % of customer orders delivered 1n: y 0 days 100% Number of days to prepare shipments for delivery to customer Q days Mailffetephone % 1 to 7 days b Intemet % 8 to 14 days MastalCardl Visa Sales are deposited ❑ Date of Order 9 Date of Delivery ❑ Other Card Svdped 1000 15 to 30 days '• Hand Keyed /Face to Face IV; More than 30 days Has there been a change to your refund policy since initial application? Yes ❑ Nog Total: 100% Total T 100% If yes, please explain. OWNERS AND (Ownership must be equal to or than OFFICERS 51% -Add additional sheets as necessa greater i, NAME 2. NAME TITLE PERCENT OF OWNERSHIP °; TITLE PERCENT OF OWNERSHIP % . RESIDENCE ADDRESS RESIDENCE ADDRESS . CITY PROVINCE CITY PROVINCE POSTAL CODE HOME TELEPHONE POSTAL CODE HOME TELEPHONE DATE OF BIRTH (mmlddlyear) SIN # (OPTIONAL) DATE OF BIRTH (mmlddlyear) SW It (OPTIONAL) HAVE YOU EVER FILED FOR BANKRUPTCY[] YES ❑ NO HAVE YOU EVER FILED FOR BANKRUPTCY ❑ YES ❑ NO CREDIT INFORMATION CANADIAN DOLLARS ANNUAL US DOLLARS ANNUAL VISA CREDIT VOLUME: $48,356.00 CREDIT AVERAGE TIOKFT SIZE $596.00 VISA OR VOLUME: $ CREDIT AVERAGE TICKET SIZE $ MASTERCARD CREDIT VOLUME: $20,000.00 MAST ERCARDCR VOLUME', $ DEBIT VOLUME $16,000.00 TOTAL CREDIT VOLUME: $ TOTAL DEBIT /CREDIT VOLUME: $83,356.00 This Addendum supplements, and is hereby incorporated into and made a ,part of, the merchant agreement between Paymentech and Merchant (the "Merchant Agreement') and is effective on the earlier of (1) our acceptance hereof (as evidenced by the execution of the Addendum by us) or (ii) your first processing date for the applicable additional location or service(s), and shall continue in accordance with the terms of the Agreement. This Addendum, and the rights and obligations of the parties hereunder, are expressly made subject to the terms and conditions Contained in the Merchant Agreement. Under the terms of this Addendum, Paymentech will be the sole provider to Merchant of the services necessary to authorize, process and settle alt of Merchant's credit and debit transactions as requested by Merchant in this Addendum and/or at the additional location set forth in this Addendum and in the Schedule A to this Addendum. MERCHANT LEGAL NAME: City of Saint John ( "Merchant," "you" or "your"): As the person signing below on behalf of the Merchant, I certify that I am duly authorized to sign this Addendum on behalf of the Merchant. individual signature ( #1 from application) Title Pnnt Name Date Individual S'.gnature ( #2 from application) Title Print Name Date "Personal information is collected, used and d;sclosed as descr"ned herein and in accordance Wth our Ulcab.e Privacy Poiiey (available at w. w:.chasepaymentech.ca or upon request) cr otherwise as permitted by law. - Trademark of Chase Paymentech Solutions, LLC. Chase Paymentech Solutions authorized user. T- Trademark of Chase Paymentech Solutions, LLC. Chase Paymentech Solut:ons authorized user. v. 1112612 APPROVED: CHASE PAYMENTECH SOLUTIONS ( "Paymentech ", 'we', "our", 'us ") for itself and an behalf of The Bank of Nova Scotia for the purposes of Visa acceptance and JPMorgan Chase Bank, N.A. for the purposes of MasterCard acceptance. Date: � 1 i r� 1 'Personal tniamiae.on is corseted, used and disdosod as dcsetibod herein and in -r ePFd,CA 4, Privacy pahcy (avaiiatdp a'. vrnn.v or o!ne .ins¢ as pr",ltad by �8W. -Tmdo +nark of Chase Paymentech Solutions, U0. Cnae llay,r nie,,+Sniutans aufh+snx -d user. "'irsdrerra�rk of Chase Paymenieer: Sa;- ;tinny, LLC, Ghase Payr:�ertcsch Spfu:ion5 authar�xCd user. v. 71�201�. It;nase raymen[ecn bomucins - t;AV Schedule A to Merchant Agreement) Saint John Transit Commission Assumptions and Fees! Assumptions MasterCard /Visa Sales Volume Average Transaction Size Chargeback % Number of Locations Number of Debit Card Transactions Foreign Card Volume Estimate Return Volume Estimate Fees 1. Initiation and Service Fees: Annual Fee (per location) Application Fee Pin Pad Key Injection Fee Monthly Admin Fee (per location) Transaction Fees: Internet Product: Setup Fee (per location) Monthly Fee (per location) Transaction Fee Wireless Product: Setup Fee (per terminal) Monthly Wireless Network Fee (per terminal) Safetech Encryption: Setup Fee (per terminal) Transaction Fee ............... ............................... ................. $68,356 $596 0.025% ............................................................................... ............................... 1 375 2.00% 2.00% NIA $0.00 ..................................................................................... ............................... NIA NIA N/A . ..................... ............................. . NO .. N/A NJA ......................... ............................... NIA NIA NIA .......................... ............................... NIA Settled Visa Per Item Fee (Sale + Return) Settled MasterCard Per Item Fee (Sale + Return) ..... _ ....................................................... ............................... Return Transaction Per Item Fee - Visa ................................................................... ............................... Return Transaction Per Item Fee - MasterCard MasterCard International Transaction Processing Fee" American Express Per Item (Sale + Return) Discover I JCB I Private Label Per Item (Sale + Return) ............. ....... ............................... Interac Debit Per Item (Sale + Return) Maestro Debit Per Item (Sale + Return) Settled Visa Debit and Visa Debit Standard Per Item Fee (Sale +Return) ......................... ............................... Interac Onfine Per Item (Sale + Return) .............................. ............................... ............................. Small Ticket Transaction Fee (may vary depending on average ticket size) ... ............................... Pass- Through of Payment Brand Fees (including, without limitation, Interac switch fee, Interac online acquirer service fee and any other Payment Brand fees) Fee for the processing of international transactions as def€ €red by MasterCard 3.Authorization Fees: Voice Authorization MasterCard I Visa Authorization Merchant Signature: X Date: 92651.22020140723092941 (Month 1 Day I Year) 16 No $0.500 N/A 4. Gift Card Fees: Gift Card Program None Monthly Plan Fee (per location) NIA ............. ............................... Monthly Gift Card Only Merchant Fee (per location) NIA Authorization Fee' .......................................... ............................... . Block Activation 'Fee (per card) $ ................... Setup Fee (per location) NIA 00 , e" r .... fil.e...................................... ............................... 3rd Party Card Data File Fee (per card - Minimum y1 per ) NIA Web Balance Inquiry q ry Setu p Fee (per branded application) � NIA ......................................... ............................... Web Balance Inquiry Monthly Fee (per branded application) N/A Cards, Packaging & Point -of- purchase marketing materials are available and priced on a per run basis, based on curre9t rates. These rates are shown on the (3ifl Card Materials Order Form. You are required to purchase your stored value cards from us. You must process all your stored value card transactions with us for at least 3 years from the effectve date of this Agreement (the'Term'). If you terminate this Agreement prior to the expiration of the Term, you agree to pay as liquidated damages an amount equal to the CA Card fees you paid us the previous month times the months remaining in the Term. Such amount will be funded, to the extent possible, according to the same methods for collecting amounts duo under Section 4.5 of this Agreement 5. Reporting Options: Resource Online Monthly Fee 6. Discount Information MasterCard /Visa Credit Discount Rate On Gross Sales NIA MasterCard Rate 1.77 Visa Rate 1.92 MasterCard Assessment Fee 0.10 Visa Assessment Fee 0.10 MasterCard Cross Border Assessment Fee* 0.40 Visa International Service Fee 0.50 Visa Cross Border Assessment Fee - Multi Currency 0.40 Visa Cross Border Assessment Fee - Single Currency 0.80 Non - Qualified Transaction Processing Fee 0.370% .......................................................................... ............................... Non - Qualified Interchange ** Yes Target Qualification Level - MasterCard Domestic Consumer Electronic Rate Target Qualification Level - Visa Domestic Consumer Electronic Rate * Fee assessed for cross- border transactions for non- Canadian issued MasterCard, Cirrus, or Maestro credit or debit transactions acquired from Canadian merchants and submitted to MasterCard. *" The above credit discount rates are based on the assumption that all transactions wi!I qualify at the Target Qualification Level set out above. For example, transactions must meet certain qualification criteria established by Visa and MasterCard for your Target Qualification Level in order to receive the Merchant Discount Rate. For each trarisaclion not qualifying at the Target Qualification Level, we will charge you both the Merchant Discount Rate and additional foals) calculated as described below under the heading "Aciddionai Information About Your Fees." Visa Debit Discount Rate On Gross Sales Visa Debit Rate " ** 0.350% Visa Debit Standard Rate *' ** 1 1.4505 Visa Debit Assessment Fee I 0.100°° — Applies to Vlsa Debit transactions inserted or tapped at the point -of -sale — Applies to Visa Debit transactions other than inserted or tapped transactions (including, without limitation, card- not - present or any promium dobit cards) Interac Debit Discount Rate On Gross Sales Interac Online Discount Rate On Gross Sales NIA NIA Pass - Through of Payment Brand Fees (including, without limitation, credit & debit interchange, assessments and any other Payment Brand tees) No Discount Frequency: Monthly 7. Monthly Equipment Fees: Equipment Type Verifone Vx520 vv/ Vx820 Pinpad Imprinter Quantity 1 1 Merchant Signature: X Date: 92651,22020140 72 3092941 17 (Month I Day 1 Year) &. Equipment Accessory Pricing: Accessory Type 9. Processing Fees: 10. Others: Minimum Monthly Discount Fee (for each of Visa & M Chargeback Processing Fee (per chargeback) Statement Fee One time fee Other monthly fee Terminal Set -up Fee (per terminal) On -site Equipment Installation Fee On -site Wireless Consultation Fee (per location) Interac Online I Acxsys Testing and Technical Support ADDITIONAL INFORMATION ABOUT YOUR FEES Interchange Quantity Per Unit .................... ............................... NIA NIA .......................................... ............................... NIA NIA NIA .................................................................................... ............................... $10 .Sae............... ............................... $10.0 ment only NIA ..................................................................................... ............................... NIA ..... ................................................................................... ............................... NIA $25.00 .......:.....................-_.............,................................... ............................... NIA NIA NIA A significant amount of the fees that we charge you for processing your credit card transactions represent charges that we must pay to the card issuing banks (or that are otherwise charged to us by MasterCard and Visa) under MasterCard and Visa (the "Payment Brands") rules. These charges are often referred to as" Interchange fees" or simply "Interchange ". Interchange fees are set by the Payment Brands based upon a series of Interchange levels that they establish and modify from time to time. Thus, the Interchange fee charged for a given transaction depends on the Interchange level applicable to that transaction; and that Interchange level depends on a number of factors established by the Payment Brands, such as the type of card presented, specific information contained in the transaction, how and when the transaction is processed, your industry and other factors. For a transaction to qualify at any specific Interchange level, the applicable qualification criteria must be met. Note that the Payment Brands may add new Interchange levels and change the Interchange rates and qualification criteria for existing Interchange levels. Merchant Discount Rate and Target Qualification Level Every credit card transaction will be charged the Merchant Discount Rate. Paymentech has set your Merchant Discount Rate based on the assumption that your transactions will satisfy the criteria established by the Payment Brand rules to meet the Target Qualification Level set forth above. The Target Qualification Level is the Interchange level that we expect to apply to your transactions. It is determined based on the type of transactions you submit and how they will most likely be processed. However, it is possible that some of your transactions will be processed at a higher Interchange level, resulting in higher Interchange fees for your business. This may occur because those "Non- Qualified Transactions" do not meet the criteria to quality at your Target Qualification Level. Such transactions are subject to fees in addition to the Merchant Discount Rate (see "Non - Qualified Transactions" below). Non - Qualified Transactions Non - Qualified Transactions will be downgraded by the Payment Brand, resulting in higher Interchange fees. For processing such Non - Qualified Transaction, we will charge you: (a) the Merchant Discount Rate; (b) an additional fee (the "the Non - Qualifying Amount') equal to the difference between the Interchange fee associated with your Target Qualification Level and the Interchange fee for the Interchange level at which the Non - Qualified Transaction was actually processed, and to the extent applicable, depending on the nature of your pricing with us or your program eligibility (c) a Non - Qualified Transaction Processing Fee (which is calculated as a percentage of the amount of the Non - Qualified Transaction). The combined total of the Non - Qualifying Amount and the Non- Qualified Transaction Processing Fee will appear on your statement. Merchant Signature: X Date: 92651.22020140723092941 (Month 1 Day/ Year) e. 1i 1ti �Jf August 15, 2014 Saint John Common Council C/o Common Clerk's Office Stn Floor, 15 Market Square Saint John City Hall E2L 41_1 Saint John Common Council: incait v- ca u -j+ Rio to pMe I am writing to follow up on my request to present to Common Council. Given your decision on August 5t" not to hear a presentation from CNIB, I would like to submit the following in writing for your consideration. CNIB still holds the position that Saint John Transit should not charge full fare to blind or partially sighted transit users until the service is accessible to them. As that concession has been eliminated as of July 1St, a plan to make Saint John Transit accessible for riders with vision loss must be put in place to address the barriers that currently exist. CNIB has had initial meetings with Saint John Transit and is committed to working closely with transit officials to ensure that accessibility concerns are addressed. CNIB can provide consultation on signage, accessibility products, driver training and best practices, and hopes Common Council will encourage Saint John Transit to make these improvements a priority. Removing barriers and providing accessible service will require a financial investment as well. Some initiatives, like driver training and free fare for guides, can be implemented quickly for little cost, other improvements will require a greater investment and could be phased in over time. CNIB is asking that Saint John Transit, with input from CNIB, develop an implementation plan with timelines and budget, to show its commitment to providing equitable service to individuals who are blind or partially sighted. Although Common Council has decided that these concerns should be left to the transit Commission to decide on, there is a role for elected officials in ensuring the City of Saint John is equally accessible to all residents and visitors who have a disability. When making decisions on municipal services, transit, government buildings, or any other public service in your city, inclusiveness and equality should be considered a priority. Although 38 individuals have identified as being regular transit users, research shows there are thousands of individuals in Saint John who have vision loss that affects their day -to -day life. There are many more residents who are impacted by another disability. CNIB is very pleased to see that the City of Saint John is committed to developing an accessibility policy with input from disability groups. We look forward to being a part of that discussion through our involvement with the SJAAC. 19 As CNIB moves ahead with its work with Saint John Transit, I will inform council of our progress and ask that you support efforts to make the changes necessary for riders with vision loss to travel safely and independently. Residents of Saint John who are blind or partially sighted feel councilors have not been willing to hear their concerns. CNIB will continue to work with consumer groups and citizens who ask for our support to raise awareness and promote inclusiveness in their city. If you have any questions or would like to better understand the issues facing Saint John residents with vision loss, I am happy to provide additional information or meet with you at any time. Thank you, 1 t'' Denise Coward Provincial Director, CNIB 506.857.4240 ext. 5612 denise.coward @cnib.ca 20 REPORT TO COMMON COUNCIL M &C- 2014 -37 August 25, 2014 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: Acquiring of Title to Fire Lane off Alma Street East BACKGROUND: =9y City of Saint John In 2011, Dobbelsteyn Care Home Ltd. received approval from Council for rezoning of the property situated at civic #245 Mount Pleasant Avenue East to allow for the construction of a senior special care facility. The project is now completed and is in operation. The owner /operator of this facility has recently acquired four narrow properties situated to the north of this facility, located off Alma Street East, which are separated from the present care facility by an existing 4.5 metre (15 foot) wide Fire Lane. The proponent has requested that the City consider acquiring title to and thereafter conveying a portion of the fire lane to the Proponent, as shown on an attached map. It is Dobbelsteyn's desire to acquire the portion of fire lane for the purpose of constructing a significant expansion to their existing facility. They are well aware that prior to any expansion to their facility, they must apply for and receive approval for rezoning of these four properties, including the portion of fire lane. However, Dobbelsteyn has no authority to request rezoning of the portion of fire lane unless they own it. Therefore, the request to close and acquire a small portion of the fire lane is their first step for their intended expansion. ANALYSIS City Policy A "fire lane" or "service lane ", in the City of Saint John, is a lane having a width of 15 feet more or less shown on any subdivision plan filed in the Saint John County Registry Office prior to the coming into force of the Community Planning 21 M &C- 2014 -37 -2- August 25, 2014 Act in the early 1960s, the intended use of which is not designated on the plan and the title to which has not been acquired by adjacent owners. There is private legislation which enables the City to acquire title to such lands — see An Act to Amend an Act to Authorize the City of Saint John to discontinue or temporarily close up Public Streets within The City of Saint John when Necessary, S.N.B. 1970, c. 62, s. 4. By resolution dated October 22, 1979, Common Council adopted a policy which addresses the matter of petitions by owners abutting a "Fire Lane ". The policy is, and the practice has been, that the City will only entertain the prospect of acquiring title to such a lane if all abutting owners agree in writing to accept deeds accounting for the entire lane and to pay a deposit covering all associated costs (publication, survey, deed preparation). The process of acquiring title to the lane involves the City publishing a notice of its intention to acquire title to a fire lane in a local newspaper once per week for five (5) consecutive weeks. Once advertisement is completed, two- thirds of the total membership of Council must vote in favour of acquiring title to the lane, in order for title to vest in the City. If title does vest, it vests subject to any existing easements expressly granted to or otherwise acquired by the adjoining lot owners. Subject Portion of Fire Lane The fire lane as shown on the attached map satisfies all of the above noted criteria set out in the policy, which allows the City to seek ownership of the specified fire lane. Dobbelsteyn owns the property located on either side of the relevant portion of fire lane, therefore no other property owners need be approached regarding their interest in acquiring a portion of this lane. It is the policy of the City that the total fire lane must be closed. This policy is in place so that the City is not left owning remnants of the fire lane because adjoining property owners are not willing to acquire their portion. In this instance, it is proposed that only the highlighted portion be closed. Dobbelsteyn owns the lands abutting on either side of the lane. There would remain a continuous fire lane running along the rear of the properties bearing civic numbers 162 -178 Bellevue Street, 245 and 257 Mount Pleasant Avenue East, 170 -172 and 182 Park Avenue and 167 -179 Alma Street East contained in this block of land running from Park Avenue to Bellevue Street. Staff considers this fire lane to continue to serve the residents in this area. As described above, Dobbelsteyn is seeking a deviation from the policy to convey only a portion of the fire lane. In order to protect the interests of the City; the City Solicitor has required the proponent to sign a Release and Indemnity to absolve the City from any deviation from the above described City policy. 22 M &C- 2014 -37 August 25, 2014 Cost to Close Fire Lane -3- As noted earlier in this report, the adjoining land owner(s) are responsible for all costs pertaining to the closure of a fire lane. It is the policy of the City not to require market value for the fire lane or portion thereof to be transferred to an adjoining owner as the fire lane is only acquired by the City for the purposes of conveying it to a third party. The proponent has agreed to the Terms and Conditions (see attached) to facilitate the closure and conveyance of the specified portion of fire lane to Dobbelsteyn Care Home Ltd., and has submitted a cheque in the amount of $6,200.00 which represents staff's estimate of the cost associated with the City acquiring title to and conveying the fire lane. Once the advertising process is completed, staff will bring a report to Council on Tuesday, October 14t', 2014 that will include any comments, questions or concerns raised by neighbouring property owners concerning the fire lane. If Council is in agreement, the following recommendation will facilitate the City acquiring title to the specified portion of fire lane as shown on the attached map. RECOMMENDATIONS That the Common Clerk be authorized to commence the necessary advertisement regarding Common Council's intention to pass a resolution acquiring title to that portion of a Fire Lane depicted on a sketch attached to this M & C No. 2014 -37; and further, that the cost of advertisement be born by Dobbelsteyn Care Home Ltd. Respectfully submitted, Curtis Langille, BA Real Estate Officer Gregory J. Yeomans, CGA, MBA Commissioner Finance and Administrative Services Attachment CL /c 23 Brian Irving, BBA Manager Real Estate Patrick Woods, CGA City Manager T 0 xv o *fir P.n' w C A C EL T 0 Y T {I M O w ,C L) t _ - CD twa ... P 7. .. cr `M c ta R, +o t- d � UL _ r ko MA '� CL■0 T 0 xv o *fir P.n' w C A C EL T 0 Y T {I M O w ,C REPORT TO COMMON COUNCIL M &C- 2014 -111 August 22, 2014 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: =9y City of Saint John SUBJECT: Easement Acquisition from Anglican Church of Canada — Saint Luke's Church BACKGROUND: In 1986, there was a land exchange between the City and the Anglican Church of Canada, where the City was to have conveyed Parcel "17" (now identified as PID #55039077) to the Church and in return the City acquired land for the purpose of realigning Lansdowne Avenue. The executed deed for Parcel "17" was delivered to the Church but was never registered. Recent discussions with representatives of the Church suggest that the said Deed has been lost or misplaced. Although Service New Brunswick shows the City as being the owner of this parcel, it was clearly intended for the title to the lands to pass to the Church. ANAT,YSTS Municipal Operations plans to install new street lighting and pedestrian controllers at the intersection of Main Street and Lansdowne Avenue. The existing infrastructure is dated and is in need of replacement. There are two properties over which the City requires an easement to complete the desired work; civic #375 Main Street (St. Luke's Church) and civic #399 Main Street (McDonald's Restaurant). Some of the existing infrastructure is in close proximity to the travelled portion of the street right -of -way and there have been instances where vehicles have made contact with the controllers causing damage. Part of this project is to relocate the devices to minimize the potential of this reoccurring. The City proposes to place some of the cabinetry and traffic signals required for the new installation to be within a portion of the land which was to have been transferred to the Church in 1986. The Anglican Church of Canada has agreed to provide to the City the necessary easement for $1.00 to complete the work. 25 M &C- 2014 -111 August 22, 2014 Sm If Council is in agreement, the following recommendation will allow for the 1986 intended transaction to be completed and also ensure that the City has the required easement rights for the infrastructure on the subject property. A further report will be prepared for Council's consideration once an agreement has been negotiated with the owner of the property at civic #399 Main Street. RECOMMENDATIONS 1. That The City of Saint John convey to The Anglican Church of Canada that parcel of land bearing SNB PID 55039077 reserving in the said conveyance an Easement for Traffic Infrastructure for $1.00; and 2. That the City pay up to a maximum of $500.00 plus HST for the legal fees incurred by The Anglican Church of Canada to complete this transaction; and 3. That the Mayor and Common Clerk be authorized to execute any document(s) necessary to finalize this transaction. Respectfully submitted, Curtis Langille, BA Real Estate Officer Gregory J. Yeomans, CGA, MBA Commissioner Finance and Administrative Services Attachments CL /c 26 Brian Irving, BBA Manager Real Estate Patrick Woods, CGA City Manager i N N C LO p— M O y cr V a E 0 0 m o W 4i u� op '�. "`+ .� Ir -AVsLjMVpSjjpe I ' — r r . t U) F s Iftho r' V'1 0 N N ui N G N c a` U cn a� Y J fn i N N C LO p— M O y cr V a E 0 0 m o W 4i u� op '�. "`+ .� Ir -AVsLjMVpSjjpe I ' — r r . t U) F s Iftho r' V'1 0 N N ui N G N c a` Schedule O -a U O C o 0 4— m 0kc)z � M � 3 U� C � 0 T U � C C o Q a_ a� in Main Street (Width Varies) a 00 C N O _Zn C oR r � O V) aCq LL: I. Ln rLn 2 O] U o � i1 N.B. Grid Co— ordinate Values (HPN) Point Easting Northing Monument 208 2533156.121 7363966.027 Plan 1928 215 2533153.902 7363964.982 PKNAIL 242 2533157.988 7363990,675 Plan 1928 303 2533153.324 7363970.475 SMS 304 2533156.440 7363970.239 PKNAIL 1203 2533151.311 7363989.590 Plan 1928 1959 2533580.954 7364165.325 NBCM (Obs 20112 2532801.486 7363706.761 NBCM (Obs Scale Factor l= 1.000032 LEGEND: 1* PKNAIL — PK nail set in retaining wall CALC — Calculated point NBCM — N.B. Co—ordinate Monument -- �--Line not to scale PID — Parcel Identifier number ONES — Global Navigational Satellite System Obs — observed value HPN — High precision network A.N.B.L.S. — Association of N.B. Land Surveyors &_ — Tabulated cc— ordinate reference It*' B . l s No. 9 q . G �1' C Q C 3 U] J o` x v Easement No. 1 Area = 13 sq.m. Cam.' NIXM 1. Azimuths and Co— ordinate values refer to the NEW BRUNSWICK GRID CO— ORDINATE SYSTEM (HPN) and were derived from the tabulated New Brunswick Co-- ordinate Monuments and ONES observations. Computations performed and co— ordinote values shown are based on the New Brunswick Stereographic Double Projection and the NAD83 (CSRS) ellipsoid, 2. Azimuths are rounded to the nearest 10 seconds. 3. Distances are in METRES and are rounded to the nearest CENTIMETRE. 4. Lands dealt with by this plan ore bounded thus ++� 5. Peripheral information and adjacent names were derived from various sources and should be verified. 6. All plans and documents referenced are recorded in the Saint John County Registry Office or in the Land Titles Office for the District of New Brunswick 7. Field survey was completed on June 10, 2014. Plan Showing Easement Required By The City of Saint John Main Street City of Saint John Saint John County, N.B. 0 2 4 6 8 metres 16 Scale - 1:200 Dated: June 11, 2014 Job No. 85 -0140 Book 398, Page 12 KIERSTEAD QUIGLEY 6'-+-' J and ROBERTS Ltd. Saint Jahn, New Brunswick Dwg. No. B -3988 Gerald R. Roberts, NB LS #3 08, CLS 1331 �r The City arsaw John PROCLAMATION WHEREAS: Prostate cancer is the most common cancer to affect Canadian men; and WHEREAS: 1 in 8 Canadian men will be diagnosed with the disease in his lifetime; and WHEREAS: An estimated 23,600 Canadian men will be diagnosed with prostate cancer this year; and WHEREAS: The survival rate for prostate cancer can be over 90% when detected early; and WHEREAS: Those with a family history of the disease or those of African or Caribbean descent are at a greater risk of developing prostate cancer; and WHEREAS: Prostate Cancer Canada recommends that men get a PSA test in their 40s to establish their baseline; NOW THEREFORE: 1, Mayor Mel Norton, of Saint John do hereby proclaim the month of September, 2014 as Prostate Cancer Awareness Month in the City of Saint John. In witness whereof I have set my hand and affixed the official seal of the Mayor of the City of Saint John. - . 29 Presentation to Planning Advisory Committee August 15, 2014 Jody Kliffer, Growth and Community Development Services 30 z AO • To construct an approximate 288 square metre building containing a mixture of dental and other medical services on an existing vacant lot. Existing Site Conditions I Proposed Development Growth and Community Development Services 31 August 15, 2014 SAINT JOHN I • The lot is located on the western side of Millidge Avenue where the road intersects with Somerset Street. • The property is large with an area of approximately 16,500 square metres • The lot is currently undeveloped with significant tree cover at the rear of the lot and steep elevation rising to approximately 35 metres above sea level at its peak. • Proposed "B -2" General Business zoning is compatible with adjacent properties f.1 Growth and Community Development Services 32 August 15, 2014 SAINT JOHN I Growth and Community Development Services 33 August 15, 2014 SAINT JOHN I NETNI Designated Low to Medium Density Residential: • The land use designation recognises the compatibility that small scale commercial land uses have with the residential intensification areas. • The intent of the Plan is to help foster the development of "complete communities" over time • Staff are of the opinion that the proposed Rezoning conforms to the intent of the Municipal Plan Growth and Community Development Services 34 August 15, 2014 SAINT JOHN I • Public Notification — 16 letters sent to landowners in vicinity of site — Advertisement in Telegraph Journal - Tuesday August 5, 2014 — One written comment received in favour of the application — No one appeared before the Planning Advisory Committee for or against the proposal Growth and Community Development Services 35 August 15, 2014 SAINT JOHN I That the Planning Advisory Committee approve the following variances from the requirements of the Zoning ylaw that would: • Reduce the required setback of an access to a lot from an intersection on Millidge Avenue to nil, whereas the Zoning Bylaw requires a minimum setback for an access to an intersection on Millidge Avenue of 30 metres; and • Reduce the required separation between a pair of one -way accesses to a lot to approximately 15.5 metres between the centre line of each access, whereas the Zoning Bylaw requires a minimum separation of 20 metres. r•1 -i, 36 Growth and Community Development Services August 15, 2014 SAINT JOHN I That Common Council: • That Common Council rezone a parcel of land having an area of approximately 3,250 square metres, located at 431 Millidge Avenue, also identified as being a portion of PID No. 00041483, from "R -2" One and Two Family Residential to "B -2" General Business, subject to the following Section 39 conditions: Growth and Community Development Services 37 August 15, 2014 SAINT JOHN Proposed Section 39 Conditions: • That the use of the property be restricted to a medical clinic or business office with a gross floor area not exceeding approximately 500 square metres; • That all parking areas and driveways be paved with asphalt and enclosed by continuous cast -in -place concrete curbs to protect landscaping and facilitate proper drainage; • No parking shall be located between the building and the street; • That all disturbed areas of the site not occupied by buildings and vehicular areas must be landscaped; • That the applicant's consultant conduct a traffic impact study and submit it to the City's Chief Engineer, or his designate, for review and approval prior to the issuance of the building permit. • The stormwater drainage for the site must be developed and maintained in accordance with a detailed stormwater drainage plan • The site shall not be developed except in accordance with a detailed site plan and building elevation plans, • The approved plans mentioned in condition (f) and (g) above must be attached to the application for building permit for the development; and • All work shown on the site plan and drainage plan must be completed by the proponent within one year of the building permit being issued. tM 38 SAINT JOHN That Common Council rezone a parcel of land having an area of approximately 3,250 square metres, located at 431 Millidge Avenue, also identified as being a portion of PID No. 00041483, from "R -2" One and Two Family Residential to "B -2" General Business. The PAC recommended following amended Section 39 conditions: • That the use of the property be restricted to a medical clinic or related uses • That the maximum gross floor area of the proposed building not exceed 600 square metres • That the gross floor area beyond 600 square metres to a maximum of 750 square metres be approved, subject to further review and consideration by staff • That all parking areas and driveways be paved with asphalt or concrete and enclosed by continuous cast -in -place concrete curbs to protect landscaping and facilitate proper drainage M!" Growth and Community Development Services 39 March 3, 2014 SAINT JOHN I The PAC approved the following variances: • Reduce the required setback of an access to a lot from an intersection on Millidge Avenue to nil, whereas the Zoning Bylaw requires a minimum setback for an access to an intersection on Millidge Avenue of 30 metres; and • Reduce the required separation between a pair of one -way accesses to a lot to approximately 15.5 metres between the centre line of each access, whereas the Zoning Bylaw requires a minimum separation of 20 metres. r•1 -i, 40 SAINT JOHN 1,0 BY -LAW NUMBER C.P.110- A LAW TO AMEND THE ZONING BY -LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: The Zoning By -law of The City of Saint John enacted on the nineteenth day of December, A.D. 2005, is amended by: 1 Amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 3250 square metres, located at 431 Millidge Avenue, also identified as being a portion of PID No. 00041483, from "R -2" One and Two Family Residential to "B -2" General Business - all as shown on the plan attached hereto and forming part of this by -law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the * day of *, A.D. 2014 and signed by: MayorJMaire ARRETE No C.P. 110 - ARRETE MODIFIANT L'ARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une reunion du conseil communal, The City of Saint John a ddcrdtd cc qui suit : L'arrete sur le zonage de The City of Saint John, decrdtd le dix -neuf (19) decembre 2005, est modied par: La modification de 1'annexe «A », Plan de zonage de The City of Saint John, permettant de modifier la designation pour une parcelle de terrain d'une superfcie d'environ 3 250 metres carrels, situde au 431, avenue Millidge, et formant une partie du NID 00041483, de zone relsidentielle — habitations unifamiliales et bifamiliales << R -2 >r a zone commerciale generale << B- 2» - toutes les modifications sont indiqudes sur le plan ci joint et font partie du present arretd. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrdte le 2014, avec les signatures suivantes : Common Clerk/Greffier communal First Reading - Premiere lecture Second Reading - Deuxieme lecture Third Reading - Troisieme lecture 41 " Jlk Advertiser Name: Saint John Common Clerk Advertiser Code: S71206 Size: 4.00 x 11.50 in. Sales Rep: Doug Thomson PROPOSED ZONING BY-LAW PROJET DE MODIFICATION DE AMENDMENT VAW&t SURLEZONAGE RE: 431 MILLIDGEAVENUE Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending The City of Saint John Zoning By -law at its regular meeting to be held in the Council Chamber on Tuesday, September 2, 2014 at 6:30 p.m., by: Rezoning a parcel of land of land having an area of approximately 3250 square metres, located at 431 Millidge Avenue, also identified as a portion of PID No. 00041483, from "R -2" One and Two Family Residential to "B -2" General Business, as illustrated below. REASON FOR CHANGE: To develop a medical and dental office. The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of Growth and Community Development Services, 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. Written objections to the amendment may be sent to the undersigned at City Hall. OBJET: 431, AVENUE MILLIDGE Par les pr6sentes, un avis public est don n6 par lequel le conseil communal de The City of Saint John indique son intention d'6tudier la modification suivante a I'an -W sur le nonage de The City of Saint John, lors de la r6unlon ordinaire qui se tiendra clans la salle du conseil le mardi 2 septembre 2014 a 18 h 30 : Rezonage dune parcelle de terrain d'une superficie d'environ 3250 metres carr6s, situ& au 431, avenue Millidge, et formant une partie du NID 00041483, de zone residentielle -habitations unifamiliales et bifamiliales « R -2 » a zone commerciale g6n6rale « B -2 », comme le montre la carte ci- dessous. El If you require French services for a Common Council meeting, please contact the office of the Common Clerk. Jonathan Taylor, Common Clerk 658 -2862 RAISON DE LA MODIFICATION: Developpement d'un bureau medical et dentaire. - Toute personne int6ress& peut examiner " le projet de • .,sue„ modification au bureau du greffier communal ou au bureau du service de la croissance et du d6veloppement communautaire a I'h6tel de ville situ6 au 15, Market Square, a Saint John, au Nouveau - Brunswick., entre 8 h 30 et 16 h 30 du Jundi au vendredi, sauf les jours f6d6s. Veuillez faire part de vos objections au projet de modification par 6crit a Yattention du soussign6 a I'h6tel de ville. Si vous avez besoin des services en fran4ais pour une r6union de Conseil Communal, veuillez contacter le bureau du greffier communal. Jonathan Taylor, greffiercommunal 658 -2862 Ad Number: A167190 Ad ID: 6975855 Ad Legacy: 7256683 Current Date: Jul 22 Start Date: 8/5/2014 End Date: 8/5/2014 Color: B/W Client Approval 42 2014 09:48AM OK ❑ Corrections ❑ I'll CM" OwNft Dental arw Dear Madame, Dear Sir, 14.07.2014 I am submitting the present letter in regards to my intention to rezone a part of the property located at 431 Millidge Ave., Saint John. The purpose of my request is to create the legal environment for a project that will bring better access to high quality health care services for the residents of Milledgeville in the actual context of local development. 431 Millidge Ave. is a vacant approx. 4 acres undeveloped lot, surrounded by a few important new residential apartment buildings and also by commercial areas. I propose the rezoning of a portion approx. 35000 sqf for the implementation of an approx. 2400sgf on main floor medical building, able to accommodate modem, high standard dental and health care services. Knowing the specifics of the health care services, and the quality time that we offer to our patients, we can estimate that the operations of this facility, which is patient focused, will have a low impact on the actual situation in the area (traffic, sanitary flows, water consumption, storm water management etc.) My intention is to create a calm, enjoyable but modern medical facility surrounded by as much green nature as possible. The remaining of the property, further in the back, will be dedicated to residential purposes serviced by a residential or public street and will be developed with the City recommendation in mind, at a later time. The building layout is a concept, subject to change and will be finalised after having the City recommendations. Conceptual pictures of the proposed building architecture are attached. The dental clinic created 4 employment positions and will create probably 2 other in the future. It will be able to accommodate around 10 -16 patients per day with a flexible hours of operation. Today we offer our services from 9:OOAM to 5:OOPM, with one or two evenings where professional care is provided from 12:00 to 8.00PM, on demand. Medical circumstances may require the opening during the week- end, however for the moment the clinic will be open Monday to Friday. The commercial and residential portions of the property will use a common access to Millidge Avenue. A preliminary traffic study let me under the belief that with an actual estimate of 1.7 - 2.5 cars / hour accessing the property, the incoming and outgoing traffic related to the clinic is not significantly modifying the circulation flow in the intersection. The existing intersection is perfectly designed to accommodate much more than what the new building can eventually generate. The modern equipment we use is minimizing the water consumption. Also, we imagine collecting and using the rain water into an environmental friendly situation in order to help water storm management. We expect a low impact on the water consumption or on the sanitary flows generated from this proposed development. However, engineering consulting is present to provide support. The parking lot, with handicap access is placed in the back of the building allowing space for a nice large landscape in front that will emphasise the architecture of the building. Engineering studies will insure the optimal storm water management related to the parking lot and the developed surfaces. The signing will be integrated as much as possible on the building, using led display solutions and ii needed a post sustained sign will be placed in harmony with the architecture of the place. We have not selected a general contractor yet, but we have legal and engineering advice from very competent companies. i truly believe that with the City approval this project will be an asset for long years to come and will soon become a symbol for Millidgeville. If you have any questions about this project please contact me. Sincerely, Dr. Cristian Parascan, DMD, TD Parascan Dental Clinic - 67- Ragged Point Rd. , Saint John, E2K V3, Phone 506-633.9009, Cell 506 -651 -1548 v ����� gSS� aan41�1T LID Safnt John Comity ona41ya� � nan4S 74 r .: ;ry+ 'L con r^' .taxi a ±iw+►i.r is w' y !GV`EW&ill pAx! 'w • wn:` �' re. -�y1 Ai -• f?r'•rj� /, k�SAINT 90FIN 4 P'H,Y�N1 ' M1s f AMA!' Vd9, t1i =W a 595�5gg PROJECT: PHASE I ESA 431 MIWDGE AVENUE SAINT JOHN, NB BRUNSWICK Engineering & Consulting Inc. p2 40 Aahbum Lake Road, PO Box 1045, Sand John, NO EX 453 AoN'A %I; 909.996.9169 fax: 809.896,9159 DATE: PROJECT No.: SCALE: 1:1500 METRIC 10— JUL -14 2084.01 30 20 10 0 30 BO 90 SCALE: SKETCH: AS SHOWN CSK 03 .. .. Ft ' *� ter` � - •yam .,-1�J[ ` .�fi1 y 1, _ •� �, �' R ! vl SI-1k CoPVW 2014 The CRY of Sari JOM W Wfls reserved. Fji Icy 302014 03:38:03 PNL 45 Figure 1- View of entrance to site, looking west Figure i - View of Millidge Avenue from entrance looking southeast m • .yw c a - view of north side of property ooking south • ,vu r o - view of southeast corner of the property looking west 47 Lot B See 'ion File 44, No. 144 PAD 41491 I 57.6 ' _ - �.r�91 r Fw aw4 -r i• . ..g.i4�,, �, 1 F �A• ti n�' f „ Al r'. [ � I air ..... •.. Itt,; v- ' ::.:•,.. ��' �:`; .I �J�,�,`F' ' X4.4 ,�.r�"+,�' ,�'`•'ai5 N ' Lot 72-2 see Pion File 52, No, 4 PID 41475 I « y .la , -- - aVh. .4. t'.ry. A \ 1 1� 1 �\ co w . -t . I,- m m X19 it II II fl II I! �W OIAW II II r rsii,� r.►rrrrrssiriiisis�r ri i Iisiriiii 'irsriiri %iriir/ I- rr rifir %�rrrri� �i rrrsr.�riwirrrrrr� rffirrr �rrirrrrir�irrir �irrrrr.�r �.ir� , �,rrrrrrri RO ICI I 111 • o r rr r r r .if-a, 50 51 RA"V Planning Advisory Committee August 21, 2014 Your Worship and Councillors: P.O. Box 1971 506 658 -2800 Saint john New Brunswick Canada E2L 4L1 SUBJECT: Proposed Rezoning and Variance Application 431 Millidge Avenue On August 5, 2014 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its August 19, 2014 meeting. City of Saint John Cristian Parascan, the applicant, was in attendance and was in favour of staff recommendation, with a few concerns regarding the proposed conditions. Mr. Parascan expressed concern with the proposed maximum gross floor area for the proposed medical building, indicating that his designs were not yet completed and may result in a building with slightly larger gross floor area. The Committee asked Mr. Parascan how much larger he projected the building might be; however, Mr. Parascan indicated that he was unable to say exactly at this juncture. He did, however, indicate that 500 square metres could very likely be too small for the multi- storey building he is hoping to construct. The Committee asked Mr. Parascan if 600 square metres would be sufficient space for the proposed building. Mr. Parascan stated that it would likely be adequate space, but could not say exactly what the desired size is at this stage. The Committee asked staff what, if any, would be concerns for staff if the proposed maximum building size were to be increased. Staff responded that an increase to approximately 600 square metres would likely not be a concern, but anything beyond that should involve further consideration. Staff explained that the feedback that an application is given by various municipal service areas and, at times, provincial departments is based on the information given to staff at the point of application. Any major changes in the proposal may result in different comments being offered by these departments, and therefore should not be considered in isolation of this process. The Committee asked what type of businesses he would like to attract as tenants in the proposed medical centre. Mr. Parascan stated that the development of the proposed medical clinic is based on health and health- related practitioners, and that any future tenants in the building would most likely relate to the provision of some form of health care. However, he added that the possibility of a professional office, such as an accountant's office, would be considered if the opportunity arose. The Committee expressed some concern regarding locating professional 52 Qra offices in the proposed building that had no relation to the proposed medical clinic as it may inadvertently compete with office space in the Uptown area. Finally, the applicant expressed concern with proposed condition 2(b), which requires the driveway and parking area to be paved with asphalt. Mr. Parascan expressed an interest in possibly using a more durable surface, such as concrete. The Committee approved the requested variances to: a) Reduce the required setback of an access to a lot from an intersection on Millidge Avenue to nil, whereas the Zoning Bylaw requires a minimum setback for an access to an intersection on Millidge Avenue of 30 metres; and b) Reduce the required separation between a pair of one -way accesses to a lot to approximately 15.5 metres between the centre line of each access, whereas the Zoning Bylaw requires a minimum of 20 metres, and moved staff recommendation, subject to the revised Section 3 9 conditions stated below. RECOMMENDATION: 1. That Common Council rezone a parcel of land having an area of approximately 3,250 square metres, located at 431 Millidge Avenue, also identified as being a portion of PID No. 00041483, 15rom "R -2" One and Two Family Residential to "B -2" General Business. 2. That, pursuant to Section 39 of the Community Planning Act, the development and use of the parcel of land with an area of approximately 3,250 square metres, located at 431 Millidge Avenue, also identified as being a portion of PID No. 00041483, be subject to the following conditions: a) That the use of the property be restricted to a medical clinic or related uses; b) That the maximum gross floor area of the proposed building not exceed 600 square metres; c) That the gross floor area beyond 600 square metres to a maximum of 750 square metres be approved, subject to further review and consideration by staff, d) That all parking areas and driveways be paved with asphalt or concrete and enclosed by continuous cast -in -place concrete curbs to protect landscaping and facilitate proper drainage; e) No parking shall be located between the building and the street; 53 -3- f) That all disturbed areas of the site not occupied by buildings and vehicular areas must be landscaped; g) That the applicant's consultant conduct a traffic impact study and submit it to the City's Chief Engineer, or his designate, for review and approval prior to the issuance of the building permit. The study must review the proposed location of the access and assess the risk of the proposed access, and provide potential mitigation measures. All required improvements identified in the report as necessary to enhance the safety of the site must be must be included in the design on the site plan and completed prior to the occupancy of the building for business purposes. h) The stormwater drainage for the site must be developed and maintained in accordance with a detailed stormwater drainage plan and design brief prepared by the proponent and subject to approval by the Chief City Engineer or his designate; i) The site shall not be developed except in accordance with a detailed site plan and building elevation plans, prepared by the developer and subject to the approval of the Development Officer, indicating the location of all buildings, parking areas, driveways, loading areas, signs, exterior lighting, landscaped areas, including location of planting materials and other site features; j) The approved plans mentioned in condition (h) and (i) above must be attached to the application for building permit for the development; and k) All work shown on the site plan and drainage plan must be completed by the proponent within one year of the building permit being issued. Resnectfullv Project No. 14-447 54 Date: To: From: SUBJECT Applicant: Owner: Location: Existing Designation: Existing Zoning: Proposed Zoning: Application Type: August 15, 2014 Planning Advisory Committee Community Planning and Development Growth and Community Development Cristian Parascan Thomas Crowley 431 Millidge Avenue Low to Medium Density Residential "R -2" One and Two Family Residential "R -2" One and Two Family Residential and "B -2" General Business Rezoning and Variances that would: a) Reduce the required setback of an access to a lot from an intersection on Millidge Avenue to nil, whereas the Zoning Bylaw requires a minimum setback for an access to an intersection on Millidge Avenue of 30 metres; and b) Reduce the required separation between a pair of one -way accesses to a lot to approximately 15.5 metres between the centre line of each access, whereas the Zoning Bylaw requires a minimum of 20 metres. Power of Committee: The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed amendments to the Zoning By -law. The Committee recommendation will be considered by Common Council at a public hearing on Tuesday, September 2, 2014. Applicant: Cristian Parascan j Location: 431 Millidge Ayenue Page 11 The Community Planning Act authorizes the Planning Advisory Committee to grant reasonable variances from the requirements of the Zoning By -law. The Committee can impose conditions. SUMMARY The applicant is seeking a Zoning Bylaw Amendment to rezone the front portion of the subject property from "R -2" One and Two Family Residential to "B -2" General Business, as generally illustrated on the attached site plan. The property previously contained a residential dwelling that was demolished in 1980 and has remained vacant ever since. The applicant proposes to establish a medical office that, if approved, would have up to four medical practitioners. Approval is recommended, subject to several Section 39 conditions identified below. RECOMMENDATION 1. That Common Council rezone a parcel of land having an area of approximately 3,250 square metres, located at 431 Millidge Avenue, also identified as being a portion of PID No. 00041483, from "R -2" One and Two Family Residential to "B -2" General Business. 2. That, pursuant to Section 39 of the Community Planning Act, the development and use of the parcel of land with an area of approximately 3,250 square metres, located at 431 Millidge Avenue, also identified as being a portion of PID No. 00041483, be subject to the following conditions: a) That the use of the property be restricted to a medical clinic or business office with a gross floor area not exceeding approximately 500 square metres; b) That all parking areas and driveways be paved with asphalt and enclosed by continuous cast -in -place concrete curbs to protect landscaping and facilitate proper drainage; c) No parking shall be located between the building and the street; d) That all disturbed areas of the site not occupied by buildings and vehicular areas must be landscaped; e) That the applicant's consultant conduct a traffic impact study and submit it to the City's Chief Engineer, or his designate, for review and approval prior to the issuance of the building permit. The study must review the proposed location of the access and assess the risk of the proposed access, and provide potential mitigation measures. All required improvements identified in the report as necessary to enhance the safety of the site must be must be included in the design on the site plan and completed prior to the occupancy of the building for business purposes. Applicant: Cristian Parascan I Location: 431 Millidge g enue Page 12 f) The stormwater drainage for the site must be developed and maintained in accordance with a detailed stormwater drainage plan and design brief prepared by the proponent and subject to approval by the Chief City Engineer or his designate; g) The site shall not be developed except in accordance with a detailed site plan and building elevation plans, prepared by the developer and subject to the approval of the Development Officer, indicating the location of all buildings, parking areas, driveways, loading areas, signs, exterior lighting, landscaped areas, including location of planting materials and other site features; h) The approved plans mentioned in condition [f) and (g) above must be attached to the application for building permit for the development; and i) All work shown on the site plan and drainage plan must be completed by the proponent within one year of the building permit being issued. 3. That the Planning Advisory Committee approve the following variances from the requirements of the Zoning Bylaw that would: a) Reduce the required setback of an access to a lot from an intersection on Millidge Avenue to nil, whereas the Zoning Bylaw requires a minimum setback for an access to an intersection on Millidge Avenue of 30 metres; and b) Reduce the required separation between a pair of one -way accesses to a lot to approximately 15.5 metres between the centre line of each access, whereas the Zoning Bylaw requires a minimum separation of 20 metres. DECISION HISTORY There are no previous planning applications or decisions for the subject property relevant to this application. ANALYSIS Site and Surrounding Area The subject site is located in the northern portion of the City at the periphery of the Millidgeville area. The lot is located on the western side of Millidge Avenue where the road intersects with Somerset Street. The subject property is large with an area of approximately 16,500 square metres and a lot frontage of approximately 50 metres. The lot is currently undeveloped with significant tree cover at the rear of the lot and steep elevation rising to approximately 35 metres above sea level at its peak. Applicant: Cristian Parascan I Location: 431 Millidge &enue Page , 3 The surrounding residential properties on Millidge Avenue were constructed throughout the 20th Century, although the dwellings in the immediate vicinity were mostly constructed in the 1940s and 1950s. The applicant has indicated that the subject site previously contained a single family dwelling constructed sometime in the 1930s. City records indicate that the dwelling was demolished in 1980. The curb cuts in the sidewalk for two driveways are still apparent. The area around the subject site consists of a mixture of residential densities and commercial uses. The closest commercial zone along the same side of Millidge Avenue is approximately 94 metres from the area of the subject property that is subject to the current rezoning application, which contains a plaza with a mixture of commercial businesses. In addition, there is service station approximately 65 metres across the intersection from the subject property that is also located in a commercial zone. This area of the City is well serviced by public transit and active transportation. The property abuts the existing bike lane that runs in front of the subject property and up Somerset Street. Proposal The applicant is proposing to construct an approximate 288 square metre building containing a mixture of dental and other medical services. The existing residential zone does not permit the establishment of a medical office with more than two medical or dentistry practitioners, resulting in the need to rezone the property to a commercial zone that recognises "business offices" as permitted use, which includes the proposed medical offices. The applicant has indicated that the medical building will be used primarily by dental practitioners, but will also contain a colocation of complementary medical offices in the building to provide convenience for prospective clients. At this point, the applicant has indicated that the dental clinic will include four full -time positions, with the possibility of two further positions created in the future. The other medical offices have not yet been determined. If approved, the proposed two- storey building would be accessed off Millidge Avenue at the juncture where it converges with Somerset Street, and would include a driveway with dedicated one -way entrance and exit accesses, as generally illustrated on the attached site plan. In addition to the proposed rezoning of the subject property, the development of the site would require the following two variances from the standards outlined in the City's Zoning Bylaw: a) To reduce the required setback of an access to a lot from an intersection on Millidge Avenue to nil, whereas the Zoning Bylaw requires a minimum setback for an access to an intersection on Millidge Avenue of 30 metres; and Applicant: Cristian Parascan Location: 431 Millidge�enue Page 14 b) To reduce the required separation between a pair of one -way accesses to a lot to approximately 15.5 metres between the centre line of each access, whereas the Zoning Bylaw requires a minimum of 20 metres. Municipal Plan The subject property is located in the Low to Medium Density Residential future land use designation on Schedule B of the City's Municipal Plan. This designation recognises the compatibility that small scale commercial land uses have with the residential intensification areas. The intent of the Plan is to help foster the development of "complete communities" over time by allowing land uses that are complimentary to residential neighbourhoods, such as the proposed medical offices, to be introduced over time. A complete community offers convenient access for its residents to a mix of local services, housing, employment, recreating, transit and active transportation. The development of complete communities helps create more dynamic neighbourhoods that promote sustainable development by reducing the dependence on the automobile, and increasing the opportunities for residents to live, work, play and learn within the footprint of the existing neighbourhood. Zoning The subject property is located in the "R -2" One and Two Family residential zone, which does not identify a business office for up to four medical practitioners as a permitted use. As a result, the applicant is seeking to rezone the front portion of the property to "B -2" General Business, while retaining the "R -2" zoning to the rear of the property. If approved, the site should be developed with adequate space remaining adjacent to the proposed medical centre to eventually construct a public right -of -way that would lead to the rear portion of the site that would still contain the "R -2" zone. This area of the property has the potential to develop in the future, which would require access from Millidge Avenue. Discussion The City's Municipal Plan supports commercial development that is in keeping with the character of the Low to Medium Density Residential neighbourhoods of the City, which includes the subject area of Millidgeville. Indeed, Millidge Avenue is identified as a Primary Corridor on Schedule A of the City's Municipal Plan, which makes it a prime area for investment and development. However, the location of the subject site creates some challenges for access as it is situated at the intersection of Millidge Avenue and Somerset Street. The impact that the proposed medical office may have on traffic flows through this intersection should be clearly understood prior to a building permit being granted for the proposed development. It is of critical importance to ensure the safety of this corridor is not compromised by the proposed development. As such, it is recommended that, should the application be approved, the applicant be required to submit a traffic study, conducted by a professional engineer, and submitted to the City's Chief Engineer, or his designate, for approval, prior to a building permit being issued. Applicant: Cristian Parascan I Location: 431 MillidgeAvenue bU Page 15 All remaining recommended Section 39 conditions are standard conditions for a rezoning of this nature, including the paving and curbing of parking areas, the landscaping of all disturbed areas not used for parking or access, the submission of a site plan detailing the location of parking, landscaping and other site features, the submission of a stormwater drainage plan and restricting the use of the lot to the proposed medical and business offices. The applicant proposes to utilize the existing curb cuts on the Millidge Avenue frontage to create a pair of one -way driveways. A variance is necessary to reduce the required setback of an access to a lot from an intersection on Millidge Avenue to nil, whereas the Zoning Bylaw requires a minimum setback for an access to an intersection on Millidge Avenue of 30 metres. This variance can be supported as the lot is pre- existing and has no option for an alternate access. This is an older area of the City with several property lots that predate the existence of the Zoning Bylaw, and are found within the required 30 metre buffer. Finally, the second variance is a request to reduce the minimum required separation between a pair of one -way accesses to a lot to approximately 15.5 metres between the centre line of each access, whereas the Zoning Bylaw requires a minimum of 20 metres. The City's Engineering staff have indicated that this variance can be supported as a pair of one - way accesses is likely a safer option for entering and exiting the subject site given the proximity it has to the Somerset Street /Millidge Avenue intersection. It is recommended that the site be developed in accordance with a site plan approved by the development officer that illustrates the location of the proposed building, parking areas, landscaping treatments, among other site features. The current site plan submitted by the applicant leaves insufficient space for the possibility of a future right -of -way to be developed to access the rear portion of the property. In discussions with staff, the applicant has acknowledged and agrees that the building will need to be reoriented and the layout of the site altered to accommodate this requirement. In addition, the current site plan is showing 19 parking spaces around the proposed building. The Zoning Bylaw requires five parking spaces per medical or dental practitioner, which equals a total of 20 required spaces. The draft Zoning Bylaw, however, requires one space per every 20 square metres of gross floor area for a medical clinic, which totals a minimum of 14 spaces for the proposed development. The applicant has indicated that the revised site plan that will be submitted prior to the issuance of a building permit, and will be subject to the approval of the Development Officer, will satisfy the parking requirements of the Zoning Bylaw that is in place at the time of the submission of the site plan. No variance to these standards has been requested. The landscaping treatment proposed by the applicant will include a bank of trees along the side property lines to reduce any visual impact to the neighbouring property. Conclusion The establishment of a small medical centre of up to four practitioners at the subject site satisfies the intent of the Municipal Plan in supporting the development and evolution of Applicant: Cristian Parascan I Location: 431 Millidge,Avenue Page 16 "complete communities ". The location of the subject property at the intersection of Millidge Avenue and Somerset Street creates some concerns regarding safe access to the site. As such, approval is recommended, subject to several conditions that pertain to the development of the site and the submission of a traffic study illustrating that the site can be safely accessed for the proposed uses. ENGAGEMENT Public - In accordance with the Committee's Rules of Procedure, notification of the proposal was sent to landowners within 100 metres of the subject site on August 6, 2014. SIGNATURES AND CONTACT Prepared by: AO Aer,CIP, RPP Planner Contact: Jody Kliffer Tel: (506)632 -6846 Fax: (506)658 -2837 E -mail: jody.kliffer @saintjohn.ca Project: 14 -447 Approved by: Stacey F , CIP, RPP Deputy Commissioner, Community Planning and Enrichment Applicant: Cristian Parascan I Location: 431 Millidge Menue Page 17 APPENDIX Map 1: Site Location Map 2: Municipal Plan Map 3: Zoning Map 4: Aerial Photography Map 5: Site Photography Submission 1: Site Plan and Rendering Applicant: Cristian Parascan I Location: 431 Millidge Avenue Page 18 Map 1 - Site Location Millidge Avenue 431 Date: July 29, 2014 The Clty orSaInt John PTuo 0. Yx ~. ~� ` ` ' \ Lake ' ` AK Map 3 - Zoning 431 Millidge Avenue Date: August 7, 2014 rw city orsa+ "c la,n _ _ ►L Z A °p 51 OOP Z to n. �Y �-Y f$ 1-1 AN -2 d s j CL w j AW--t—L— � j! \ a i INl . i 1 ��i may Site Photography 431 Millidge Avenue Date: August 7, 2014 "W qty orswrit John W Photo 1: Front of property Photo 3: View of bike Iane 67 Photo 2: View of property from intersection (. � -- ., % 1!! U ¥ °7 \ °� � � -/ ® m� !| ' \� \�,a � > � % U!■ ■� � ,| 7 a < . § \ oil, ■� y � . 2' �(� -a - � \.| � @� � °• |� h , ; �4� b�■ � . w| (. � -- ., % °7 \ °� � � -/ m� ■' ' \� \�,a � > � (. � -- -on.] § |§ § � -� � � � | 2� ¥| L'. Ratchford Property Limited 461 Miilfdge Avenue Saint John, NB E2K 2N3 506 634 8244 August 08t� , 2014 City of Saint John Planning and Development PO Banc 1971 Saint John, NB E2L 4L1 To Whom It May Concern Re: Proposed Zoning By -Law Amendment 431 Millidge Avenue in response to your correspondence dated August 6t', 2014 and W regards to the above matter I offer the following comments; I support the request for rezoning from "R- 2" to "B -2" for the proposed .medical buildaiug for dental practitioners. The building wonid provide, a positive contribution to the area and will be a welcome addition imvestrnuut in our sunromdings is always deemed as a positive action. Once again. we support tine request, tha you. V Tony Rat hford Owner AL16 to .• BY -LAW NUMBER M -23 A BY -LAW TO AMEND A BY -LAW RESPECTING THE STOPPING UP AND CLOSING OF HIGHWAYS IN THE CITY OF SAINT JOHN Be it enacted by the Common Council of The City of Saint John as follows: 1 A by -law of The City of Saint John entitled, "A By -law Respecting The Stopping Up and Closing of Highways in The City of Saint John ", enacted on the nineteenth day of December, A.D. 2005, is hereby amended by adding thereto Section 237 immediately after Section 236 thereof, as follows: 237 The City of Saint John does hereby stop up and close permanently the following highway: SPRUCE AVENUE: All that portion of Spruce Avenue, a public street in the City of Saint John in the County of Saint John and Province of New Brunswick, comprising 1,268 square metres as shown on a Plan of Survey titled, "Survey Plan Portion of Spruce Avenue, Spruce Avenue, Saint John, Saint John County, NB," prepared by Don -More Surveys and dated May 12, 2014 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. 2014 and signed by: Mayor /Mahe ARRETE No M -23 ARRETE MODIFIANT L'ARRETE SUR VINTERRUPTION DE LA CIRCULATION ET LA FERMETURE DES ROUTES DANS THE CITY OF SAINT JOHN Lors dune r6union du conseil communal, The City of Saint John ;i d6cr&6 ce qui suit : 1 Par les prdsentes, Farretd de The City of Saint John intitul6, « L'arr&6 sur 1'interruption de la circulation et la fermeture des routes daps The City of Saint John, d6cr&6 le 19 decembre 2005, est modifid par 1'ajout de ]'article 237 imm6diatement apres Particle 236, comme suit : 237 Par les presentes, The City of Saint John barre et ferme de fawn permanente la route suivante : AVENUE SPRUCE: Tout le trongon de l'avenue Spruce, une rue publique dans The City of Saint John, comtd de Saint John, dans la province du Nouveau - Brunswick, d'une superficie d'environ 1 268 metres carres comme le montre le plan d'arpentage intituld « Plan d'arpentage indiquant une partie de 1'avenue Spruce, City of Saint John, comtd de Saint John, Nouveau- Brunswick)), pr6par6 par Don -More Surveys et date du 12 mai 2014, ci joint. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le pr6sent arret6 le 2014, avec les signatures suivantes : Common Clerk/Greffier communal First Reading - August 18, 2014 Premiere lecture Second Reading - August 18, 2014 Deuxieme lecture Third Reading - Troisieme lecture 70 - le 18 aout 2014 - le 18 aout 2014 I� [ NS Grid Co wdm" Values I Caordanneft du Sysbw du NB AM 0*6 i 'ages a� w Tm 4w s:.rrmr nmf r rmm A ydN m nmukA. Ray Rat �� ' Wn 7agrLrM 1a71 W� 71 } Lag —t.ge r a m rm.>r�r.ai NMaa r. NYrtwMernwyittrWsr.Mw o�eyer�d�wrUel. �yf Remy AN' ®' K W W r *.ft4d WW Uft � Os.�rlaw w^��..rA�arwNw a Ma.n.awriw.l renyla�� e �+�waawayrrdrWe7oia PUMM & PIa &A du Plan ynr��Ar�nr�"��rar.e ■aFyd � wm �rrw�ap� r�ue�.iMU. Suroay PWA Phm d'Arw t s: Portion of/Une Partie De L "Avenue Spruce Avenue A-- 4a- AmL%sylntion sakd jdvr Countn No M, UM dtir yMLL�N DON -MORE SURVM pyrMnNwt &.d* A M71{Y1Rimlgl� Dwg:140=P !r. �i G s4v� The City of Saint John September 2, 2014 His Worship Mel Norton and Members of Common Council Your Worship and Councillors: Subject: Director's Insurance Background Council appoints members, both Councillors and citizens, to a number of agencies boards and commissions. Some are City related, others are not. The question has come up recently regarding the carrying of Director's insurance. The ABCs, like the City, are for the most part on a tight budget. The purpose of this motion is to avoid any unnecessary/redundant expenditures with respect to the purchase of insurance while still ensuring appropriate coverage of our appointees. Motion That the following questions be directed to the solicitor 1. Are Councillors who are appointed as Councillors by Council to an ABC covered by the City's insurance 2. Are individuals who are appointed to an ABC by Council covered by the City's insurance 3. Are ABCs directly related to the City covered by the City's insurance or should they purchase their own independent insurance for their Directors 1. can we have a list if so 4. is there benefit to a group buy between the City and the ABCs if they are not already covered 5. should Councillors have individual policies or is group coverage sufficient 6. should there be a policy, if ABCs are not covered by the City's policy, that all ABCs purchase Directors insurance 7. for City related ABCs (however that is defined) are individuals not appointed by Council covered by the City's policy - employees who are there as part of their job requirements and citizens appointed via other means. Respectfully Submitted, Dr. Shelley M. Deputy Mayor ed via email) Rinehart r � x �. �7 , It -, ;ri, .14A.14A!) C:a;oez : AL1 . I `f 1971 M t )V u , P L -S. C tiada E.*Z August 27, 2014 Deputy Mayor and Councillors: Background Common Council's primary mandate is to establish priorities, and set policy for the City of Saint John. The role of our well qualified, professional staff of the City as well as our Agencies, Boards and Commissions is to operationalize the identified priorities and policies for citizens and organizations across the city. From time to time challenges or roadblocks arise that may require creative solutions. The number one duty of Council and staff of both the City and our ABCs is to serve the community and find ways to implement these solutions. Our default answer and attitude should be: Yes, how can I help? While sometimes, for safety or legal reasons, we may not be able to help in a particular situation, in the vast majority of situations we can and should be able to say yes or offer an alternate solution. Sometimes it is easier to say no without offering a solution. Challenging and changing this culture is fundamental to the success of Saint John. Motion 1. Council debate the importance of this cultural change; 2. That the City Manager in consultation with such staff as he deems appropriate immediately communicate with all staff and ABC's that: 1. the default answer to assisting citizens and organizations is: Yes; and 2. the default approach to challenging requests is to find a solution; 3. The City Manager draft for approval and adoption by Council a short mission statement which clearly articulates this philosophy which is to be applied by City staff and adopted by all ABC's; 4. That all ABC's confirm the adoption of the above -noted philosophy, approach and mission statement before the end of 2014; Respectfully, Mayor Me] Norton 60-1. SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 I vwvw,saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1 —ter 73 SAINT JOHN P.O. Box 1971 Saint Jahn, NB Canada E2L 4L1 I www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada ER 4L1 74 REPORT TO COMMON COUNCIL M&C 2014 - 153 August 27, 2014 Er The City of Saint john His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: Fleet Usage Policy BACKGROUND: As Common Council is aware in 2011, Mercury and Associates was engaged to do a comprehensive review of Fleet Operations. A report was presented to Common Council and the following resolution was subsequently adopted: RESOLVED that report dated December 9, 2011 entitled Consultant's Report — Fleet Evaluation Project, and the Executive Summary from Mercury Associates, be referred to the City Manager and Fleet Staff with a directive to report back to Council with: a) The development of a comprehensive fleet utilization and replacement policy, b) The development of a business model that will see the complete recovery by the Fleet Services Division of their operating costs while providing sufficient funding from the annual operating budget to facilitate a stable and sustainable fleet replacement program, c) The development of a Fleet operational model that will support an efficient and effective division that will work cooperatively with the user departments to provide them with the information they need to determine the most cost effective levels of service they can provide with the available assets, and d) To create a process for the periodic review of the size, configuration and effectiveness of the fleet related to service delivery. This report is scheduled to will be presented at the next meeting of Common Council scheduled for September 15, 2014. 75 Report to Common Council August 27, 2014 Page 2 There have been, on occasion, questions related to usage of City vehicles. There is, in fact, a Vehicle Usage Policy that was initially approved by Common Council in 1990 with subsequent amendments, the last being approved by Common Council in May of 2007. There is in addition a related Administrative Procedure under authority of the City Manager. Attached to this report is a copy of the vehicle usage policy. Staff would be pleased to answer questions that members of Common Council may have related to this policy. RECOMMENDATION: It is recommended that thus report be received and filed. Respectfully submitted, Omans, CGA, MBA r of Finance and Administrative Services J. Patrick Woods, CGA City Manager Attachment 76 CITY OF SAINT JOHN POLICY NUMBER: FA 001 SECTION: FLEET ADMINISTRATION SUBJECT: VEHICLE POLICY 1.0 PREAMBLE This policy sets out the general principles governing the use and allocation of cars and similar vehicles owned and operated by the City of Saint John as well as the use of private vehicles for City business. 2.0 STATEMENT OF POLICY .1 The City of Saint John operates and maintains a fleet of vehicles and motorized equipment required for the provision of municipal services to our citizens. The uses of these resources are restricted to those activities required specifically for the delivery or administration of municipal public services. Personal use of City vehicles and equipment is not permitted. .2 Upon the approval of Common Council, a vehicle may be designated as an essential job requirement of a particular position and allocated on a full -time basis as part of the conditions of employment of the incumbent. Given the nature of this type of position, a vehicle so allocated may be used for both civic and personal business. .3 Upon the approval of the City Manager, a vehicle may be assigned for the full -time civic use of the incumbent of a position where such use is necessary for the provision, supervision, or administration of municipal services. A vehicle so allocated will be used for civic business only, in accordance with the guidelines detailed herein and administrative procedures established by the City Manager. 4 A fair mileage allowance, established annually by resolution of Common Council, will be provided to civic officials and employees who are required to utilize their private vehicles for City business. 77 N 5 It is the policy of the City of Saint John to expect its management personnel to regularly and routinely, be in attendance when other City employees are carrying out their responsibilities. The presence of management at times, other than normal business hours, is a key to leadership. 6 It is the policy of the City of Saint John to reimburse these employees for the use of their personal vehicles on the basis of a flat monthly allowance. 7 This Vehicle Policy will be administered in accordance with relevant provisions of the Income Tax Act. 3.0 OBJECTIVES 1 To establish a clear and consistent basis for the use of publicly owned vehicles. .2 To enhance the intended utilization of publicly owned vehicles. 3 To prevent the inappropriate use of City vehicles. 4 To provide for the most cost- effective means of transportation required for the conduct of civic business and the management of City resources. To provide a clear understanding that certain positions are required to "regularly and routinely" be present when their employees are carrying out their responsibilities at times other than what are considered as normal working hours. .6 To provide a clear understanding that certain positions are expected to respond to the needs of the community other than during normal hours, and at locations other than at the normal place of business. .7 To ensure that City vehicle usage is in conformance with Revenue Canada guidelines. 0 6) Vehicles in this category and purchased for use by Saint John Water may deviate from the policy as it relates to the application of the "Explorer Crest ". Saint John Water may replace the "Explorer Crest" with the Saint John Water Logo. .3 Exemptions from section 4.2 of this guideline are; 1) Vehicles purchased for use by the Saint John Police Force and the Saint John Fire Department, 2) Vehicles assigned to the Mayor, the City Manager and any unmarked vehicles assigned to specific senior management staff, as approved by the City Manager, 3) Commercially rented vehicles, 4) The paint colour of trucks of a size greater than the 1 tonne range of vehicles shall remain unchanged, 5) The paint colour of construction equipment, trailers and floats, attachments and miscellaneous equipment shall remain unchanged. 4 City vehicles are not to be taken outside City limits, unless specifically being used for City business. City vehicles will be used only in connection with civic responsibilities and taken home only by staff who are required to be available for operational purposes or are specifically "on call ". 6 Eligibility for mileage allowance must be approved, in advance, by the City Manager or member of senior staff responsible for the department concerned. .7 Use of a private vehicle for City business will be certified by the department head and payments for such usage approved by the department head. 8 That the City has identified the following positions as being eligible for receipt of a monthly allow =ance: Manager (Director) of Works $250.00 mth. Manager (Director) of Water & Sewerage $250.00 mth. Manager (Director) of Recreation $200.00 mth. Manager (Director) of Parks $200.00 mth. 79 The receipt of the monthly allowance precludes these positions from claiming any other reimbursement from the municipality for use of their vehicle within the municipality. However, it does not preclude the positions from utilizing a municipal vehicle during normal business hours should one be available when needed. 5.0 RESPONSIBILITIES .1 Fleet Management - General fleet management and maintenance of City vehicles and pieces of motorized equipment will be the responsibility of Materials Management, a division of Corporate Services. 2 Department Assignment — Vehicles and motorized equipment will generally be assigned for operational purposes to departments. The department head will be responsible for the internal management of all vehicles and pieces of motorized equipment so assigned. .3 Vehicle Pools — A number of vehicles will be retained for a vehicle pool to meet, as far as possible, day -to -day transportation requirements of civic departments, beyond department allocations. Responsibility to administer the vehicle pool will be in accordance with procedures established by the City Manager. 6.0 PROCEDURES Procedures required for the administration of this policy will be established under the authority of the City Manager. APPROVED BY COMMON COUNCIL ON NOVEMBER 26, 1990 UPDATES. • Sections 2.05 and .6, 3.0.5 and .6 and 4.0.8 added per O.C.C. May 15, 1995 • Section 4.0.2 amended per O.C.C. May 15,1995 • Section 5.0.1 amended per O.C.C. August 23, 1999 • Sections 4.0.2 and .3 amended per O.C.C. May 7, 2007 :1 DEPORT TO COMMON COUNCIL M &C -2014 -138 August 12, 2014 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: Management Agreement Hilton and TCC BACKGROUND: L City of Saint john As Council is aware Hilton Canada has managed the Trade and Convention Centre on behalf of the City of Saint John since 1984. The Agreement which binds the two parties was a twenty year arrangement and provided for an additional 3 terms of 10 years each. The first ten year extension was entered into with an Amending Agreement dated September 22, 2004. The Current agreement expired on May 31, 2014. Staff and Hilton negotiated the terms and conditions for the term spanning June 1, 2014 and May 31, 2024. The compensation follows the formula established and used for the past 30 years. Attached please find the Amending Agreement between the City and Hilton Canada Co. for Council's review and consideration. RECOMMENDATIONS That The City of Saint John enter into an Amending Agreement with Hilton Canada Co. in the form as attached to M &C # 2014 -138, and that the Mayor and Common Clerk be authorized to execute the said Amending Agreement. Respectfully submitted, C - li- Brian. Irving, BBA Gregory J. Yeo ans, CGA, MBA Manager Real Estate Commissioner Finance and Administrative Services J. Patrick Woods, CGA City Manager :- THIS AMENDING AGREEMENT made this day of , 2014. BETWEEN: THE CITY OF SAINT JOHN, having its City Hall at 15 Market Square, Saint John, New Brunswick, a body corporate by Royal Charter, confirmed and amended by Acts of the Legislative Assembly of New Brunswick, hereinafter the "City" OF THE FIRST PART - and - HILTON CANADA CO., a duly amalgamated company under the laws of Nova Scotia, its predecessors entities being Hilton Canada Inc. and 3001270 Nova Scotia Company, with its registered office at Suite 900, 1959 Upper Water Street, Halifax, NS 133J 2X2, hereinafter called the "Hilton" OF THE SECOND PART WHEREAS the parties hereto as of June 1, 1984 executed a document identified as "Management Agreement Saint John Trade and Convention Centre" hereinafter called the "Management Agreement "; AND WHEREAS the Management Agreement provided in Article III for an initial term of twenty (20) years with the right in Hilton to extend the term for three consecutive periods of ten (10) years each upon conditions stipulated therein; AND WHEREAS the Management Agreement provided in Article Vill for the parties negotiating and agreeing upon revised Management Fees payable during the term of any renewal; AND WHEREAS the parties entered into an Amending Agreement dated September 22, 2004 which sets out the Management Fees for the first ten (10) year renewal; AND WHEREAS the Amending Agreement referred to in the immediately preceding recital expires on May 31, 2014; AND WHEREAS negotiations took place and resulted in agreement between the parties for the second ten (10) year renewal term; AND WHEREAS the parties wish to confirm the terms of their agreement referred to in the immediately preceding recital by execution of these presents: NOW THEREFORE THIS AMENDING AGREEMENT WITNESSETH that the Management Agreement is hereby amended by deleting sections 8.03.1, 8.03.2 and 8.03.3 and replacing them with the following: 8.03.1 The City shall pay Hilton an annual management fee calculated in accordance with paragraph 8.03.2 hereof. This annual management fee shall be payable in equal monthly installments on the 15h day of each month commencing in June 2014 and concluding in May 2024 unless this agreement is earlier terminated. 8.03.2 (a) The annual management fee for the period June 1, 2014 to May 30, 2015 shall be One Hundred Eighty Thousand, Seven Hundred Ninety -Two Dollars ($480,792.00) of lawful money of Canada, plus New Brunswick Harmonised Sales Tax; (b) On June 1, 2015 and subsequently on each successive June 1St during the remainder of the second renewal term, the annual management fee shall be adjusted so that, as adjusted, it bears the same relationship to the management fee for the immediately preceding 12 month period as the All Items CPI for New Brunswick for April of the year in which the adjustment is made bears to the All Items CPI for New Brunswick for April of the immediately preceding year. -I (c) Notwithstanding subparagraph 8.03.2(b), in no event shall the amount of the annual adjustment described in subparagraph 8.032(b) hereof exceed five (5 %) percent of the annual management fee paid for the immediately preceding twelve (12) month period. THIS AMENDING AGREEMENT shall enure to the benefit of and be binding upon the parties hereto their successor and assigns respectively. IN WITNESS WHEREOF the parties hereto have hereunto set their respective corporate seals duly attested by their property authorized officers as of the day and year first above written. SIGNED SEALED & DELIVERED ) THE CITY OF SAINT JOHN Mel Norton, Mayor Jonathan Taylor, Common Clerk Common Council Resolution: HILTON CANADA CO. :: REPORT TO, COMMOT1,14 COUNCIL M &C -2014 -151 August 28, 2014 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: City of Saint John SUBJECT: Cherry Brook Zoo - BuiIding Permit and Variance Application Authorization The City has received from Tim Jones, on behalf of the Tir na nO'g Forestry School a building permit application to establish and operate a pre - school day care facility at the Cherry Brook Zoo. The proponent has submitted information (see attached) pertaining to the intended use and operation of the school. The new facility is intended to operate from the existing conference centre building, situated on the property. This day care will be licenced for a maximum of 20 children and activities will be focused on learning about forestry and its surroundings. In addition to the permit application, the proponent has also applied for a variance to allow for the placement of a sign advertising the intended use. The City's Legal Department has advised that as the City of Saint John is the owner of Rockwood Park, of which the Cherry Brook Zoo is situated, consent should be sought from Common Council. The City's Legal Department will prepare a report regarding this matter to be considered in Committee of the Whole. RECOMMENDATIONS That the City of Saint John consent as owner of the property presently occupied by the Cherry Brook Zoo to an application by Tim Jones, on behalf of the Tir na nO'g Forestry School, for a building permit and a variance application for the purpose of establishing 'a pre - school daycare centre. Respectfully submitted, evoi s Langil e, BA Brian Irving, BBA Real Estate Office Manager Real Estate Administrative Services M Patrick Woods, CGA City Manager Cherry Prock me Inc. :;t31 raAe~ Thu; stun Dr. Soiat Johr, NIB E2K SI- 2 Vhnne {506) 634 -14,10 nTMahF?rl °Ct)bellaliani.nLt wwwx<<ervbroolaca.tnn VANISHED KINGDOM Pf RK TkIER CLAWS MINI COLF MUNICIPAL SPONSORS 15 Market Square PO Box 1971 Saint John, NB E21- 4L1 70 Hampton Road Rothesay, NB E2E 5L5 ANIMAL SPONSORS C [SPAR ranr ,■ SPQRT� pI ffl 9tlo� SI. 01 C''. -a.Se• :1 . Saki,.: CA 98007 Tei Free >•�005t3Da3F� - �- S 7 .^`.� .?'_7 vw. ?F. =.F.7 Male & Female Spider Monkeys James Rory Grant Rothesay, NB Male Zebra Anonymous Rothesay, N13 Siberian Tiger August 7, 2014 To Whom It May Concern: City of Saint John RE: Tim Jones : Ti'r na n01g Forestry School & the Cherry Brook Zoo Inc. This is to verify that at a Board of Trustees meeting on July 26tH. 2014 a motion was passed to enter into an agreement: with to partner with the Ti'r na nO'g Forestry School and Tim Jones. An agreement was drawn up and approved by the Board of Trustees to allow this Forestry School to operate in the Cherry Brook Zoo Inc. This camp would operate in the off season and wil not interfere with our current Junior Zookeeper Day Camps. In this agreement it was approved that signage would be allowed to be placed at the entrance to the Cherry Brook Zoo at their costs. After much consultation on design and placement the signs were approved and Ti'r na nO'g Forestry School and Tim Jones were given permission to go ahead and place signs. If you need any further clarification please do not hesitate to contact me. I would appreciate if you could accommodate Mr. Jones in this matter as it is important to the Zoo as a nonprofit charitable organization. Lynda M. Collrin,13Sc, MSc +�kp aQj�j� Director, Cherry Brook Zoo 901 Foster Thurston Drive Saint John, NB E2K 5119 Phone (506) 634 -1440 Fax (506) 634 -0717 Email noahsark@bellaliant.net FOREST SCHOOL PLAN REVIEW 'N 'T .N www.Tirnanogforestschool.com 180 Ragged Point Rd. Saint John, NB E2K 5C4 Phone: 506-333-6603 saintjohn @tirnanogforestschool.com Owner /Director Tim Jones :. History of Forest School In the 1950s Forest School was introduced in Sweden, Denmark, and other European countries. In Denmark it became an embedded part of the curriculum for preschool children. Those who attended Forest Kindergartens began arriving at traditional schools with strong social skills, the ability to work effectively in groups, and generally had high self - esteem and self - confidence. Forest School was introduced to the UK in the 1990s and their growth in that region has been unprecedented In 2008, Canada's first Forest School opened; Carp Ridge Forest School is just outside Ottawa, Ontario. Since then, several forest and nature school programs have successfully launched elsewhere in Canada. Below is a list of these programs. Tir na n6g Forest School is the first in Atlantic Canada. 1. CarpFidge Forest School 2. Maplewood School 3. Sooke School District Nature Kinder gal-ten 4. Tir na nOg Forest Preschool 5. .Little Nest Forest Preschool 6. Chelsea Cooperative Nursery School 7. Guelph Outdoor Preschool 8. Fresh Air Learning 9. Victoria Nature School 10. Discovery Child Care Centre 11.Nature School, School Board 46 12.St. James .Nature Kindergarten Number of new spaces being applied for: 20 (only 10 per day at Tir na n6g Forest School) Number of employees: 2 Employees at Forest School (Tim Jones and Elizabeth Hendricks) Site plan: Attached Floor Plan: Attached Type of water: City of Saint John Type of sewage: City of Saint John Food service: The children bring their own lunch and filled water. Washing of dishes and utensils: N/A Child illness management: If a child should become ill and as a result vomits or has diarrhea in the outdoor forest school environment, every effort will be made to minimize exposure to the other children and contain contamination. When awareness of vomiting or diarrhea occurs, all children will immediately be moved away from the contaminated area(s) and the ill child will be isolated to a designated ground sheet in an effort to contain and prevent exposure to others from any subsequent vomiting or diarrhea. The ill child will be provided a designated blanket and sick bucket for subsequent vomiting and thoroughly assessed by a staff member to determine the severity of their condition. A staff member will bring the ill child to the centre as soon as possible where they will be cared for until a parent or designated caregiver can come to pick them up. The child is to be picked up within one hour of being notified. Any contaminated clothing will be bagged for parents to bring home when they pick up their child. The forest area contaminated will be cleaned by staff as soon as possible in an environmentally responsible manner and to the best of their ability. Information about where contamination occurred will be gathered from talking with the ill child and other observers (ie. staff, volunteers and children playing with or near the child). The area will be assessed and identified by marking the contaminated area(s) with high visibility rope or flagging tape. Any contaminated material that can be removed from the area will be collected and disposed appropriately through the local waste management system. Depending on the severity of the illness and extent of contamination, the area will remain marked and quarantined for a minimum of one week or until it is determined safe to enter. The following information is in accordance with the Child Day Care Facilities Operator Standards issued by the Province of New Brunswick in June 2012. Provincial standards state that children should not attend a child care facility if any of the following conditions are present. 1. The illness prevents the child from participating comfortably in activities 2. The illness results in greater care needed than staff can provide without compromising the health and safety of the other children 3. The child has any of the following conditions * Temperature over 101 (38.5) in the mouth or 100 (38) armpit accompanied behavior signs or other symptoms of illness (tiredness, crying, etc) * Uncontrolled diarrhea -- in the last 24 hours yr Vomiting - in the last 24 hours * Any infectious diseases such as measles, chicken pox, mumps, etc. We will not accept the child for care if any of the above symptoms are present or have been present within the last 24 hours. If the child shows any of the symptoms while in care, we will remove him /her from the group and notify the parent or authorized adult to pick up the child. Parents have one hour from time of notification to pick up the child. Parents are required to complete a "Return After Exclusion" form upon the child's return to the centre. HAND WASHING AND TOILETING When we are in the forest there will be a hand washing station available for washing up before our meals or any other time that we need to use it. Hands are dried using paper towels which are collected and recycled after return to school. All children enrolled in Forest School need to be fully trained before they can enter this specific program. Children are always encouraged to use the bathroom before we leave the forest school classroom. - OUTDOOR LEARNING: SAFETY FIRST — The Nature of Outdoor Play and Learning Given the fact that Tfr na nOg Forest School offers outdoor -based programs, there is an increased need to identify and model safety through adhering to well researched policies and procedures. As we push boundaries around assessing risk, connecting to nature, alternative curriculums, food provision and much more, we must also 'sit back and set best practices around issues of safety while learning and playing in the outdoor environment. Although there are many perceived benefits to the work we do, such as increased self- esteem, improved agility and overall health, greater knowledge of and care for the environment, etc., there are also identified risks that are not prevalent or present in traditional, indoor settings. This policy and procedure binder strives to identify these risks, and establish clear policies on how to address each concern in a professional, preventative manner. Health and Safety for Coordinators, Facilitators and Volunteers It is of utmost importance that all staff are trained on Policies and Procedures prior to having access to children or working on site. These policies are specific to our outdoor environment, and will not be familiar to early childhood educators who have worked in traditional, indoor environments. It is mandatory that staff leading this program be trained Forest School Practitioners through Forest School Canada. Further Outline: Health and Safety Expectations It is expected that all staff and volunteers will: • Follow Tir na nOg Forest School health and safety policies and procedures at all times • Undertake seasonal site risk assessments - for the area being used • Undertake daily site checks -- before every session • Undertake activity risk assessments with program Coordinator- for all activities undertaken. • During sessions there will be easy access to emergency contact details, phone, first aid equipment and trained first alder • All adults working with children will submit a clear criminal records check for vulnerable populations as well as Social Development check • Children will be dressed appropriately for the site, weather and temperature • When using low risk hand tools and fire, safe operating procedures will be followed (please see tool use documents) • The boundaries of the activities are clearly shared with all (children and adults) on a regular basis and appropriate guidance followed eg. using ropes, climbing trees, working near water (eg. pond), handling sticks /logs safely (please see relevant risk assessments) • Be familiar with Child Day Care Facilities Operator Standards • Know that all has been reviewed with Public Health and Fire and the Early Childhood Services Coordinator for Education and Early Childhood Development. :• It is expected that all Activities at Tir na nOg Forest School will: • Be mainly be of general outdoor learning nature, play - based, and environmentally - based. eg woodland crafts, field studies, problem solving, sensory games, and exploration. • Lower risk hand tools may be used with children; potato peelers, scissors, trowels, wooden mallets. However, safe operational procedures (please see tool use documents) and correct ratios should be adhered to. Higher risk tools (saws, axes, knives, drills) should not be used by the children but the practitioner may need to use them to prepare resources. • Small campfires in containers may be used with children if it is felt appropriate. Safe operational procedures (please see fire procedure document and risk assessment), preparations, ratios and safety equipment should be adhered to. • All supporting adults should be clear of safety expectations, activity procedures and their roles and responsibilities. • Activities will be stopped/ adapted if deemed unsafe to continue with them (due to changes in weather, situation, behavior etc). Safe Tool Use with Children: General Tool Safety Store tools appropriately (in a cool and dry location) and securely where adults can control access to them. • Only use tools for the purpose they were designed for. • Tools should be ergonomically appropriate for the user and the task being used for. • Count number of tools out and in. • Check that the tool is in good working order before use. • If tool not in good working order it should be marked for maintenance and removed from general use. • Consider the area where the tool will be used - ensure there-'is adequate room, no trip hazards and that other people will not be passing through. • User of tool must wear adequate Personal Protective Equipment (PPE) • Ensure children are adequately supervised by the correct ratio of adults when using tools. • Clean tool before returning to storage. • Ensure tools have a proper maintenance schedule to keep them in good condition. • Only use tools appropriate to your group's ability. Transporting Tools • Tools should be carried to site in appropriate storage eg. tool box or bag. • When carrying loose tools; use one hand to carry the tool and have nothing in the other hand. • Always walk when carrying tools. • Never wear a glove on the hand holding the hand tool. • If the tool has a cutting edge; the edge should be covered by a blade guard or sheath whilst transporting. • Hold tools with sharp edges pointing down to the ground. • When passing a tool to another person always pass the handle towards them, never the working edge. • Never run or climb whilst carrying tools. • Never throw tools. N SAFE PROCEDURES FOR USING HAND TOOLS WITH CHILDREN �► 90 SAFE USE OF VEGETABLE PEELER Appropriate use: Peeling vegetables /fruit or bark from green wood (as prelude to knife) Storage: Fabric bag or box. Temporary storage could be to hang above child head Storage: height. Condition Test blade for sharpness, check blade for any cracks or nicks, check handle checks: is not loose. PPE: None required ensure not wearing love on tool hand Transporting: Carry down by side with blade pointin q towards the ground. Walking. Adult ratio: 1 adult to Z children. Body Stance: Safe stance in own space. If right handed - right knee on ground, left knee Body Stance: raised. Stick stabilized using left arm and leg. Vice versa for left handed Action: children. Action: Peeling action - blade pushes away from body, the blade should be in front of body not over it, so that if it slipped it would not hit the leg. Alternate peeling action - peeler blade is held still in position with right hand and the Cleaning: left hand pulls the stick towards the body against the blade. Cleaning: Wipe debris off the blade against a stick or using a cloth and then clean and Maintenance: sanitize Maintenance: Oil as required to prevent rusting. Cannot really be sharpened so damaged peelers will have to be replaced. SAFE USE OF SCISSORS Appropriate use: Cutting paper, card, string, tape etc. (Do not use scissors to cut sticks, lasts, wood etc Storage: Fabric bag, box or wooden block. Condition Test blade for sharpness, check blade for any cracks or nicks, check pivot is checks: not too loose or too tight. PPE: None required ensure not wearing love on tool hand Transporting: Carry blades closed held within a fist. Arm hangs down by side with fist ointin g towards the ground. Walking. Adult ratio: As per setting's policy Body Stance: Any safe stable stance Action: Hold scissors with dominant hand and object to be cut with other hand. Keep finger clear of the blades. Move object rather than scissors when cutting round shapes /angles. Never force scissors - if too much force is need they are the wrong tool for the 'ob. Cleaning: Wipe any debris off the blades using a cloth. Wash off any sticky residue from sticky tape. Dry before storing. Maintenance: If blade blunt - arrange for them to be appropriately sharpened. Oil pivot and blades as required to prevent rusting. Appropriate use: SAFE USE OF WOODEN MALLET Driving poles or pegs into the ground eg. for shelter building, fencing, creating seating. 91 Storage: Tool box or bag. Condition Check for splits or cracks in the head and that the handle is not loose or checks: broken. Check handle fors linters ands sits. PPE: Could wear a work glove on hand holding pole if thorny or rough. height. Never leave a saw flat on the ground, hang them up with the covers Go les may be necessary if object being hit is likely to splinter. Transporting: Carry by the handle to one side with the mallet head pointing towards the Look for signs of the head shifting, take the guard off and twist to check for round. Walking. Adult ratio: Adult ratio: 1: 1 Body Stance: Standing - legs spread wide knife. Crouched - One knee on ground and one raised. Action: Child holds mallet with dominant or both hand. Holding the mallet further Carried down by the side with the teeth pointing downwards and the guard away from the head gives more leverage and hence more force. Another firmly in place. person (or mallet user holds with non - dominant hand) holds the pole 1:1 standing 90o to the side from mallet user. Line the mallet up with the pole, Can be used individually with someone supporting the log so it stays firm draw back and strike the pole straight on. Start with smaller hits first, then Set aside a quieter area for working the bow -say, ideally on a saw horse once accuracy develops hit harder. Cleaning: Wipe any debris off the mallet head. Maintenance: If head cracked or split - mallet will need to be replaced. check the canopy, look out for eye hazards etc. If handle loose - it may be possible to tighten, depending on design. Use cloth and WD40 oil to ensure all dirt and moisture is off the blade. If handle is broken - handle needs to be replaces. Keep blade covered when in storage. Keep spare blades in container to If wooden handle splintery - sand down rough parts. replace when necessary. Treat wood with oil (vegetable or linseed). SAFE USE OF A BOW -SAW Appropriate Cutting anything bigger than the size of your wrist- small serrated edge for use; seasoned wood, spaced serrated edge for green wood Storage: Fabric bag or box. Temporary storage could be to hang above child head height. Never leave a saw flat on the ground, hang them up with the covers on, on a saw horse or leaning against a tree. Condition Look for signs of the head shifting, take the guard off and twist to check for checks: security. Examine the blade for chips, fractures and carefully check the sharpness of the blade by running your thumb over it, just as you would a knife. PPE: Transporting: Carried down by the side with the teeth pointing downwards and the guard firmly in place. Adult ratio: 1:1 Body Stance: Can be used individually with someone supporting the log so it stays firm Action: Set aside a quieter area for working the bow -say, ideally on a saw horse which will provide a physical barrier between the holding hand and the sawing hand. The working space should be clear without any trip hazards, check the canopy, look out for eye hazards etc. Cleaning: Use cloth and WD40 oil to ensure all dirt and moisture is off the blade. Maintenance: Keep blade covered when in storage. Keep spare blades in container to replace when necessary. _ SAFE USE OF L.OPPERS Appropriate Cutting branches use: 92 Story e. Sturdy bag of appropriate size. Condition checks: Examine handles and hinges. Make sure there are no signs of cracking or rustin . PPE: Condition checks: Transporting: Carried at the side holding on to the bottom handle, making sure that the blade has a Smiley face. The tools should be transported in a sturdy bag of appropriate size. Adult ratio: 1:1 Body Stance: 1:1 Action: Set up a secure working area and keep at a safe distance, called a blood bubble. When passing tools make sure to have eye contact so that person knows you are passing the tool to them. Cleaning: Use a cloth to wipe the blade Maintenance: Oil the tool and use sharpening stones when required. SAFE USE OF FIXED -BLADE KNIFE - Appropriate use: Used to whittle Storage: Store in a locked container similar to an army tin. Condition checks: Check that there are no cracks in the sheath. Look for any signs of denting, rust, etc. Check for sharpness and that the handle and attachment do not wobble. PPE: Never wear a glove on working hand Transporting Adult ratio: Knives should always be folded when not in use or when carrying. 1:1 Body Stance: Action: Never cut towards yourself. Cut away from yourself and down towards the round with minimum force. Cleaning: Clean the knife with a cloth. Maintenance: Sharpen knife with a sharpening stone. N SAFE FIRE LIGHTING AND USE WITH CHILDREN �+ [SEE ATTACHED DIAGRAM #11 POSITIONING FIRE AREA 93 • Ensure permission for fire lighting has been obtained from site owner and Fire Department. • Ensure no aerial hazards such as branches are overhanging the fire area (5m radius should be clear). • Clear any ground hazards (eg leaf litter) from 5m radius • Ensure use of a suitable container to light fire in eg. barbecue or metal tray raised on bricks. • Never light fire directly onto rock surface or surround fire with stones (some rocks explode when heated!). • Ensure seating is appropriately sized for the age of the children. • Fire area should be created as diagram below, the fire edge and seating should be made secure by pegging in place; ENSURING RESPONSIBLE BEHAVIOUR Children and adults must be comfortable with how to behave safely around a fire before the fire is lit. The desired behaviour is repeatedly practiced in the fire area (with no fire lit) using circle games, until practitioner feels happy that all will behave responsibly. This process may take many sessions depending on the group. If there is any doubts over behaviour do not light the fire. Desired behaviour; • Children know to walk once they've reached the 5 metre boundary (this may be marked somehow). • If they have anything (eg toasting stick) in their hands they must hold it still and point it down to ground. • When approaching seating area, they must walk around the outside of the seating until they reach where they want to sit. • If carrying anything, they must place it behind the seat. • They carefully step over the seat and sit down. • Whilst sitting they should hold any objects still and not wave them around. • When time to leave circle they place any objects behind their seat. • Stand up and turn around. • Step back over the seat. • Pick up object, holding it still and pointing to the ground. • Walk until they leave the 5m walking zone. GENERAL SAFETY PRECAUTIONS • A bucket of water /sand or fire blanket should be available at all times. • If conditions are too dry or windy do not light fire. • First aid kit and first aider should be present, clean water available. • Trained adult lights, maintains and extinguishes fire. • Only adults move within the seating circle of the fire, exception to this is when cooking please see below. • If the situation becomes unsafe (due to weather, behaviour etc), an adult will extinguish the fire immediately. CAMPFIRE COOKING • Ensure a 1 to 1 ratio for cooking. • Ensure positioned upwind of fire, so flames blow away from you. • Safe cooking distance is a child's arm length away from the log fire surround. This measurement will vary depending on child age. It is advisable to make this boundary visible to the children. Ensure good hygiene procedures are followed eg clean hands before handling food • Cooking items that can be eaten raw may be advised. ., • Establish a `cool down' rule for eating hot foods eg. blow on a marshmallow 10 times before touching • Ensure only adults handle grills, pots, pans etc that are hot. • Ensure only adults handle kettles or storm kettles and that children are a safe distance away when adults are pouring hot water. STORM (KELLY) KETTLES •The Kelly kettle must be placed on flat, clear ground, moving all leaf litter etc away. •Children can feed the fire with one to one supervision, stick held at the end and dropped in from the side. *Hands should never be placed over the top of the kettle. *Fuel should burn itself out, but if it doesn't it must be extinguished with water (see above) •The Kelly kettle will be removed from the fire pan by one of the Forest School educators. To do this safely they will lift the kettle using the sides of the metal handle, pouring will then be controlled by using one hand on the top of the handle and the other on the chain. *The Kelly kettle should never be heated with the cork in. 95 / Lo. 7, OP 4� Ip TU gty&saint john August 29, 2014 His Worship Mel Norton and Members of Common Council Your Worship and Councillors: Subject: Naming of Milford Baseball Field in Memory of Donnie Dwyer Background: The Milford Park Committee and valued partners are in the process of making improvements to the Milford Community Park baseball field and has engaged the community in renaming it after the late Donnie Dwyer. Donnie was a Milford resident, a police officer, and he was instrumental in introducing the family protection and youth services unit to the Saint John Police Force. He was heavily involved with the youth in the community, having coached a number of local ballplayers at the Milford Community Park Motion: Request that Council approve the renaming of the Milford Baseball Field after the late Donnie Dwyer. Respectfully Submitted, (Received via email) Greg Norton Councillor —Ward 1 City of Saint John 51� ,�,.. SAINT JOHN P.O. Box 1971 Saint john, NB Canada EX 4L1 www.saintiohn.ca CA 1971 Saint john, N.-B. Canada ER 4L1 0 f (0i 5 B H N Engineering & Consulting Inc. August 27, 2013 City of Saint John Saint John, NB Attention: Jody Kiiffer 40 Ashburn Lake Road teL 506.696.9155 PO Box 1045, 5,:int John, NO fax; 506.696,9158 E2L 4E3 reception ®brunswickengineering.ca RE: 170 ASH9URN LAKE ROAD, REZONING & WINICIPAt. AMENDMENT, SAIN'i JOHN, N File: 2005.01 Please accept this letter as our request to withdrawal our application to rezone and amend the municipal plan associated with PID 00305128, 40298422, 00298182, 00297333 at the alcove referenced location and referenced to your project 14 -399. If you have any questions regarding this matter, please contact the undersigned. SRP 97 HST 9 82470 0884 RT0001 The Oty or Saint john PROCUMA T ►ON WHEREAS: UNBSJ is having their 47th Annual Shinerama campaign in Saint John to raise funds for cystic fibrosis research and treatment. WHEREAS: Shinerama is the single largest charity event among Canadian University students. Over 21 million dollars have been raised through the continuous effort of 65 campuses and approximately 40 000 students yearly. WHEREAS: Students from all walks of life will join the fight by scouring the streets of Saint John on September 3rd in pursuit of some funds. WHEREAS: Your support towards these students can go very far to finding a cure to a terrible disease which affects many young Canadians. NOW THEREFORE: I, Mayor Mel Norton, of Saint John do hereby proclaim the week of September 2 -6, 2014 as Shinerama Saint John Week in the City of Saint John. In witness whereof I have set my hand and affixed the official seal of the Mayor of the City %# Saint John. The City of Saint John September 2, 2014 Deputy Mayor and Councillors Subject: Long Term Disability (LTD) — Interest Arbitration The Committee of the Whole, having met on September 2, 2014, adopted the following resolution: RESOLVED that as recommended by the Committee of the Whole, Common Council appoint Mr. Stephen Beatteay as nominee for the City during the Long Term Disability ( "LTD ") Interest Arbitration and that the City Solicitor effect the engagement. Sincerely, Mel Norton Mayor s- l SAIN(' Y)i J, °w P.C:. � /i S�. st r �, ;tip i ra, spa: �� �.I I f v v .<< a f je � �r .c a I (.e? 7 J Saint �c =°:s�, r 1. dta. C��r � LPL 4LJ �. 99 �e A: r J The city of Saint John September 2, 2014 Deputy Mayor and Councillors Subject: Donation of a bench to Larche Memorial Park The Committee of the Whole, having met on September 2, 2014, adopted the following resolution: RESOLVED that as recommended by the Committee of the Whole, Common Council approve the request for a $1500 donation from the Council budget towards the purchase of a granite bench for the Larche Memorial Park. Sincerely, Mel Norton Mayor (i�' MINT KkaIN P.O. Box 1971 faint John, NB Canada FA 4L1 wv w.kainlJohn.ca I C..P.1971 Saint John, N. -B. Canaria E7L 4Li