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2015-12-07_Agenda Packet--Dossier de l'ordre du jourCity of Saint John Common Council Meeting Monday, December 7, 2015 6:00 pm Council Chamber Committee of the Whole 1. Call to Order Si vous avez besoin des services en frangais pour une reunion de Conseil Communal, veuillez contacter le bureau de la greffiere communale au 658 -2862. Each of the following items, either in whole or in part, is able to be discussed in private pursuant to the provisions of section 10 of the Municipalities Act and Council /Committee will make a decision(s) in that respect in Open Session: 4:00 p.m. 8th Floor Boardroom City Hall 1.1 Approval of Minutes 10.2(4) 1.2 Employment Matter 10.2(4)0) 1.3 Sergeant -at -Arms at Council Meetings (Verbal) 1.4 Negotiations 10.2(4)(c) 1.5 Negotiations 10.2(4)(c) 1.6 Financial Matter 10.2(4)(c) Regular Meeting 1. Call to Order — Prayer 2. Approval of Minutes 2.1 Minutes of November 16, 2015 2.2 Minutes of November 23, 2015 3. Approval of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 2016 Capital Request Eastside Library (Recommendation in Report) 5.2 Terms of December 2015 Debenture Issue (Recommendation: Receive for Information) 5.3 New 911 Call Mapping Solution for the Saint John Public Safety Communications Center (Recommendation in Report) 5.4 Saint John Parking Commission — Appointment of Jeremy Brilliant and David McDonald Canadian Corps of Commissionaires as By -Law Enforcement Officers (Recommendation in Report) 5.5 R. McGrath Request to Present — Earthship Homes (Recommendation: Receive for Information) 5.6 S. Patterson Letter re Morris Street (Recommendation: Refer to City Manager) 5.7 Fundy Fringe Festival — Request for Funding (Recommendation: Refer to Community Grants Evaluation Committee) 5.8 United Commercial Travelers — Request for Sponsorship (Recommendation: Receive for Information) 5.9 Tender for Elevating Devices Replacement — City Market Pedway (Recommendation in Report) 5.10 Risk Management Update (Recommendation: Receive for Information) 5.11 Business Improvement Area Budget (Recommendation in Report) 6. Members Comments 7. Proclamation 8. Delegations / Presentations 9. Public Hearings — 6:30 pm 9.1 Staff Presentation — 655 and 765 Latimore Lake Road regarding Proposed Municipal Plan and Zoning By -Law Amendment 9. 1.1 Planning Advisory Committee recommending Municipal Plan Amendment and Rezoning with Section 39 Conditions 9.1.2 Proposed Municipal Plan and Zoning By -Law Amendment — 655 and 765 Latimore Lake Road (1St and 2nd Reading) 9.2 Staff Presentation — 61 Drury Cove Road regarding Proposed Zoning By- Law Amendment 9.2.1 Planning Advisory Committee recommending Rezoning with Section 39 Conditions 9.2.2 Proposed Zoning By -Law Amendment — 61 Drury Cove Road (1St and 2nd Reading) 10. Consideration of By -laws 11. Submissions by Council Members 11.1 FCM Update (Councillor McAlary) 11.2 Syrian Refugee Crisis (Mayor Norton) 12. Business Matters — Municipal Officers 12.1 2016 General Fund Operating Budget 12.2 LNG Tax Concession 13. Committee Reports 13.1 Staff Presentation — 314 Lakeview Drive Proposed Subdivision 13. 1.1 Planning Advisory Committee recommending Variance with Condition 13.2 Saint John Board of Police Commissioners — Sergeant -at -Arms at Council Meetings 13.3 Water and Sewerage Accounts Receivable 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 16. Supplemental Agenda 17. Committee of the Whole 17.1 Services to Beach Road 18. Adjournment The City of Saint John Seance du conseil communal Le lundi 7 d6cembre 2015 18 h, Salle du conseil Comit6 pWnier 1. Ouverture de la seance Si vous souhaitez obtenir des services en franrais pour une r6union 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 Pobjet 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 d6cisions a cet 6gard au cours de la s6ance publique 16 h Salle de conference, 8e Rage, hotel de ville 1.1 Approbation du proc6s- verbal — paragraphe 10.2(4) 1.2 Question relative a 1'emploi — alin&a 10.2(4)j) 1.3 Sergent d'armes aux s6ances du conseil (verbal) 1.4 N6gociations — alin6a 10.2(4)c) 1.5 N6gociations — alin6a 10.2(4)c) 1.6 Question financiere — alin6a 10.2(4)c) Seance ordinaire 1.Ouverture de la seance, suivie de la priere 2. Approbation du proces- verbal 2.1 Proc6s- verbal de la s6ance tenue le 16 novembre 2015 2.2 Proces- verbal de la s6ance tenue le 23 novembre 2015 3. Adoption de l'ordre du jour 4. Divulgations de conflits d'interets 5. Questions soumises a Papprobation du conseil 5.1 Demande de fonds de 2016 pour la biblioth&que du quartier est (recommandation figurant au rapport) 5.2 Conditions g6n6rales des emissions d'obligations de d6cembre 2015 (recommandation : accepter a titre informatif) 5.3 Nouvelle solution de sch&matisation des appels au 911 pour le Centre des communications de la s6curit6 publique de Saint John (recommandation figurant au rapport) 5.4 Commission sur le stationnement de Saint John — Nomination de Jeremy Brilliant et de David McDonald du Corps canadien des commissaires a titre d'agent d'ex6cution des arrWs municipaux (recommandation figurant au rapport) 5.5 Demande visant a se pr6senter devant le conseil formul6e par R. McGrath — R6sidences faisant office de « maisons earthships » ( recommandation accepter a titre informatif) 5.6 Lettre de S. Patterson li6e a la rue Morris (recommandation : transmettre au directeur g6n6ral) 5.7 Fundy Fringe Festival — Demande de financement (recommandation consulter le Comit6 d'6valuation des subventions communautaires) 5.8 United Commercial Travelers — Demande de commandite (recommandation : accepter a titre informatif) 5.9 Soumission relative au remplacement d'appareils de levage — Passerelle du march6 municipal (recommandation figurant au rapport) 5.10 Le point sur la gestion des risques (recommandation : accepter a titre informatif) 5.11 Budget lib aux zones d'am&lioration des affaires (recommandation figurant au rapport) 6. Commentaires pr6sentks par les membres 7. Proclamation 8. D616gations et pr6sentations 9. Audiences publiques —18 h 30 9.1 Pr6sentation du personnel sur le plan municipal provisoire et la modification de 1'Arr6t6 de zonage (655 et 765, chemin Latimore Lake) 9. 1.1 Comit6 consultatif d'urbanisme recommandant une modification au plan municipal et le rezonage conform6ment aux conditions impos6es par Particle 39 9.1.2 Plan municipal provisoire et modification de 1'Arr6t6 de zonage — 655 et 765, chemin Latimore Lake (premiere et deuxi&me lectures) 9.2 Presentation du personnel — Projet de modification de 1'Arr&6 de zonage visant le 61, chemin Drury Cove 9.2.1 Comit6 consultatif d'urbanisme recommandant le rezonage conform6ment aux conditions imposees par Particle 39 9.2.2 Projet de modification de 1'Arret6 de zonage visant le 61, chemin Drury Cove (premiere et deuxieme lectures) 10. Etude des arret6s municipaux 11. Interventions des membres du conseil 11.1 Mise a jour relative a la Federation canadienne des municipalites (conseillere McAlary) 11.2 Crise des r6fugi6s syriens (maire Norton) 12. Affaires municipales 6voqu6es par les fonctionnaires municipaux 12.1 Budget de fonctionnement du fonds d'administration de 2016 12.2 Allegement fiscal visant le terminal de gaz liqu6fi6 13. Rapports depos6s par les comit6s 13.1 Presentation du personnel — Lotissement propose du 314, promenade Lakeview 13. 1.1 Comite consultatif d'urbanisme recommandant des derogations conditionnelles 13.2 Bureau des commissaires de la police de Saint John — Sergent d'armes aux seances du conseil 13.3 Comptes d6biteurs — Eau et 6gouts 14. Etude des sujets 6cart6s des questions soumises a Papprobation du conseil 15. Correspondance g6n6rale 16. Ordre du jour suppl6mentaire 17. Comit6 pl6nier 17.1 Services au chemin Beach 18. Lev6e de la seance 98- COMMON COUNCIL /CONSEIL COMMUNAL NOVEMBER 16, 2015/LE 16 NOVEMRE 2015 COMMON COUNCIL MEETING — THE CITY OF SAINT JOHN CITY HALL — NOVEMBER 16, 2015 - 6:00 P.M. Present: Mel Norton, Mayor Deputy Mayor Rinehart and Councillors Farren, Fullerton, Lowe, MacKenzie, McAlary, Merrithew, Norton, Reardon and Strowbridge - and - J. Trail, City Manager; W. Edwards, Commissioner of Transportation and Environment Services; J. Hamilton, Commissioner of Growth and Community Development; K. Fudge, Commissioner of Finance; N. Jacobsen, Commissioner Strategic Services; S. Brittain, Solicitor; J. Bates, Police Chief; J. Armstrong, Deputy Fire Chief; P. Ouellette, Executive Director; J. Taylor, Common Clerk; P. Anglin, Deputy Common Clerk. 1. Call To Order Mayor Norton called the meeting to order, requesting a moment of silence for all the tragedies occurring over the past week, especially in Paris and Beirut. 2. Approval of Minutes 3. Approval of Agenda On motion of Councillor McAlary Seconded by Councillor Norton RESOLVED that the agenda be approved with the addition of item 17.1 2016 General Fund Operating Budget. Question being taken, the motion was carried. 4. Disclosures of Conflict of Interest 5. Consent Agenda 6. Members Comments 7. Proclamation 8. Delegations /Presentations 8.1 Saint John Transit Commission: Interim Budget Overview for 2015 Councillor Reardon introduced the Service Based Budget, stating that the Transit Commission is currently under budget and expects to be within budget by year end. Responding to questions, Frank McCarey, General Manager of Saint John Transit, stated that ridership is based on service levels; capacity is determined by the number of passengers that can be carried in peak times. Satisfaction levels have not been measured recently. Capital in 2014 ($900,000) purchased two buses; capital in 2015 ($450,000) purchased one bus. Councillor Reardon commented on the social benefit of transportation On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that the report entitled, Saint John Transit Commission Interim Budget Overview for 2015, be received for information. Question being taken, the motion was carried 8.2 Saint John Police Force: 2015 Operating Budget 98- COMMON COUNCIL /CONSEIL COMMUNAL NOVEMBER 16, 2015/LE 16 NOVEMBRE 2015 Nicole Paquet, Board Chairperson, presented the 2015 Police Force Operating Budget, stating that the budget is currently under budget and expects to be within budget by year end. Salaries and wages are under budget, due to the reduction of seven positions in the past year. Responding to questions, Ms. Paquet stated that the extra duty rate for police service is conducted on a cost - recovery basis; police vehicles are being used longer. Ms. Paquet responded to questions on the duties of police officers under the Police Act and the role of civilian positions; police training; and legislated service levels. The Chief responded to questions on recruitment for police auxiliary to assist in traffic and crowd control; priority on new firearm procurement; part -time officers and contractual obligations; and efficiencies within the organization. The Chief stated that sustainability of the budget, and discretionary spending on goods and services, is reaching the breaking point and there is a need to replace equipment such as polygraph equipment, traffic survey equipment, and guns. M. Corscaden stated that outsourcing summons services has made some economies and that sheriff's services will be a revenue source for the Police. Responding to questions on benchmarking, the Chief stated that the City of Saint John has not been measured against other cities; stating that Saint John is the Toronto of policing in New Brunswick. The City is looked at to lend expertise in the province. The Chief stated that the police force is well trained and equipped to deliver its service. Responding to a question of police as mental health responders, the Chief responded that this is a driver of police services. Collaborative partnerships are being pursued; a reduction of police time in mental health responses cannot be confirmed. The Chief stated that false calls are dealt with by the community services group; and fees for arbitrations are under the Police Commission Budget. On motion of Councillor McAlary Seconded by Councillor MacKenzie RESOLVED that the report entitled, 2015 Operating Budget — August Financial Results, be received for information. Question being taken, the motion was carried. 9. Public Hearings 6:30 P.M. 10. Consideration of By -laws 11. Submissions by Council Members 12. Business Matters - Municipal Officers 13. Committee Reports 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 16. Supplemental Agenda 17. Committee of the Whole 17.1 2016 General Fund Operating Budget On motion of Councillor McAlary Seconded by Councillor MacKenzie RESOLVED that as recommended by the Committee of the Whole having met on December 16th, 2015, Common Council approve the proposed 2016 General Fund Operating Budget process and timeframe as provided below (subject to the availability of tax information from the Province): 3 98- COMMON COUNCIL /CONSEIL COMMUNAL NOVEMBER 16, 2015/LE 16 NOVEMRE 2015 r ovember 21" j Special Budget Meeting with Common Council to seek Council direction on Service Level Options F—November 30' h Receive Tax Information from Local Government December 7th Present First Draft of Operating Budget based on Feedback received on November 21" December 8t h_ 11 th Opportunity for Special meetings with Council F—December 15th F—Submit Final Draft {document available to public} December 21" Present Budget to Council Question being taken, the motion was carried. 18. Adjournment On motion of Councillor McAlary Seconded by Councillor MacKenzie RESOLVED that the meeting of Common Council held on Monday, November 16th, 2015 be adjourned. Question being taken, the motion was carried. The Mayor declared the meeting adjourned at 7:25 p.m. Mayor / maire Common Clerk / greffier communal 11 98- COMMON COUNCIL /CONSEIL COMMUNAL NOVEMBER 23, 2015/LE 23 NOVEMBRE 2015 COMMON COUNCIL MEETING — THE CITY OF SAINT JOHN CITY HALL — NOVEMBER 23, 2015 - 6:00 P.M. Present: Mel Norton, Mayor Deputy Mayor Rinehart and Councillors Farren, Fullerton, Lowe, MacKenzie, McAlary, Merrithew, Norton and Reardon Regrets: Councillor Strowbridge - and - J. Trail, City Manager; J. Nugent, City Solicitor; K. Fudge, Commissioner of Finance and Treasurer; W. Edwards, Commissioner of Transportation and Environment Services; J. Hamilton, Commissioner of Growth and Community Development; N. Jacobsen, Commissioner of Strategic Services; P. Ouellette, Executive Director; K. Clifford, Fire Chief; J. Bates, Police Chief; J. Taylor, Common Clerk; R. Evans, Administrative Assistant. Call To Order Mayor Norton called the meeting to order. 2. Approval of Minutes 2.1 Minutes of November 6t ", 2015 On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that the minutes of the meeting of Common Council, held on November 6, 2015, be approved. Question being taken, the motion was carried. 2.2 Minutes of November 9t", 2015 On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that the minutes of the meeting of Common Council, held on November 9, 2015, be approved. Question being taken, the motion was carried. 3. Approval of Agenda On motion of Deputy Mayor Rinehart Seconded by Councillor McAlary RESOLVED that the agenda of this meeting be approved with the addition of items 17.1 Recommended Appointments to Committees; 17.2 Preservation of the Royal Charter and Historical Minute Books; 17.3 662677 N.B. Inc. Lease Agreement; and 17.4 Special Meetings of Committee of the Whole. Question being taken, the motion was carried. 4. Disclosures of Conflict of Interest Councillor MacKenzie declared a conflict with 15.3 Human Development Council: Service Agreement and Partnership. 5. Consent Agenda 5.1 That as recommended by the City Manager in the submitted report M &C 2015- 232: Engineering Services - Dam Safety Review for the Safe, Clean Drinking Water Project, notwithstanding the City's Procurement Policy for Engagement of Professional Services, Common Council authorize staff to directly engage Hatch Ltd. to carry out 5 98- COMMON COUNCIL /CONSEIL COMMUNAL NOVEMBER 23, 2015/LE 23 NOVEMBRE 2015 engineering and consultancy services in support of the Safe, Clean Drinking Water Project (SCDWP), and, further, that the Mayor and Common Clerk be authorized to execute the necessary documents. 5.2 That as recommended by the City Manager in the submitted report M &C 2015- 244: Contract No. 2015 -27: Marsh Creek Wastewater Treatment Plant Decommissioning, the contract be awarded to the low Tenderer, Galbraith Construction Ltd., at the tendered price of $145,318.00 (including HST) as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that the recommendation set out for each consent agenda item respectively be adopted. Question being taken, the motion was carried. 6. Members Comments Council members commented on various community events. 15.1 Belmont Health & Wellness: Operation Red Nose of Greater Saint John Jen Butler and Paul Boudreau explained how people can get involved with Operation Red Nose starting this Friday, November 27, 2015. On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that item 15.1 Belmont Health & Wellness: Operation Red Nose of Greater Saint John be received for information. Question being taken, the motion was carried. 7. Proclamation 8. Delegations /Presentations 9. Public Hearings 6:30 P.M. 10. Consideration of By -laws 10.1 Third Reading Zoning ByLaw Amendment with Sec 39 Conditions - 145 Loch Lomond Road On motion of Councillor McAlary Seconded by Councillor MacKenzie RESOLVED that the by -law entitled, "By -Law Number C.P. 111 -12 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 1528 square metres, located at 145 Loch Lomond Road, also identified as PID No. 00320440, from Local Commercial (CL) to Two -Unit Residential (R2), be read. Question being taken, the motion was carried. The by -law entitled, "By -Law Number C.P. 111 -12 A Law to Amend the Zoning By -Law of The City of Saint John ", was read in its entirety. On motion of Councillor McAlary Seconded by Councillor Reardon RESOLVED that, pursuant to Section 39 of the Community Planning Act, the conditions governing the development and use of the parcel of land with an area of approximately 1528 square metres, located at 145 Loch Lomond Road, also identified by PID No. 00320440, imposed by Common Council on March 17, 2008 be amended as follows: X 98- COMMON COUNCIL /CONSEIL COMMUNAL NOVEMBER 23, 2015/LE 23 NOVEMBRE 2015 a) By repealing conditions a), c), and f) related to the zoning of the site for a business office with a basement apartment; and b) Adding the following as a new condition a): a) that the driveway be reduced in width to 13 metres or less within the required front yard, and that the portion of the front yard not occupied by the driveway be landscaped within one year of the date of issuance of the change of use permit for the proposed residential use. Question being taken, the motion was carried. On motion of Councillor McAlary Seconded by Councillor Reardon RESOLVED that the by -law entitled, "By -Law Number C.P. 111 -12 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 1528 square metres, located at 145 Loch Lomond Road, also identified as PID No. 00320440, from Local Commercial (CL) to Two -Unit Residential (R2), 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. 111 -12 A Law to Amend the Zoning By -Law of The City of Saint John ". 10.2 Third Reading Zoning ByLaw Amendment with Sec 39 Conditions — 55 McDonald Street On motion of Councillor McAlary Seconded by Councillor Reardon RESOLVED that the by -law entitled, "By -Law Number C.P. 111 -13 A Law to Amend the Zoning By -Law of the City of Saint John" amending subsection 12.6(1) by adding the following to the list of permitted uses in the Utility Service (US) Zone: "- library ", be read. Question being taken, the motion was carried. The by -law entitled, "By -Law Number C.P. 111 -13 A Law to Amend the Zoning By -Law of The City of Saint John ", was read in its entirety. On motion of Councillor McAlary Seconded by Councillor Merrithew RESOLVED that Common Council amend the Section 39 conditions imposed on the April 14, 2008 rezoning of the property located at 55 McDonald Street, also identified as PID numbers 00319939, 55188825, 55189948 and 55189955, by deleting condition (a) and replacing it with the following: (a) The use of the rezoned area is limited to the following uses: an operations complex for Saint John Transit and /or a public library. Question being taken, the motion was carried. On motion of Councillor McAlary Seconded by Councillor Farren RESOLVED that the by -law entitled, "By -Law Number C.P. 111 -13 A Law to Amend the Zoning By -Law of the City of Saint John" amending subsection 12.6(1) by adding the following to the list of permitted uses in the Utility Service (US) Zone: "- library ", 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. 111 -13 A Law to Amend the Zoning By -Law of The City of Saint John ". N 98- COMMON COUNCIL /CONSEIL COMMUNAL NOVEMBER 23, 2015/LE 23 NOVEMBRE 2015 10.3 Third Reading Zoning ByLaw Amendment with Sec 39 Conditions — 28 Richmond Street and 91 -101 Prince Edward Street On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that the by -law entitled, "By -Law Number C.P. 111 -14 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 4600 square metres, located at 28 Richmond Street and 91 -101 Prince Edward Street, also identified as PID numbers 00012799, 00012435, 00012443, 00012807 and 00012427, from Mixed Commercial (CM) to General Commercial (CG), be read. Question being taken, the motion was carried. The by -law entitled, "By -Law Number C.P. 111 -14 A Law to Amend the Zoning By -Law of The City of Saint John ", was read in its entirety. On motion of Councillor McAlary Seconded by Councillor Farren RESOLVED that, pursuant to Section 39 of the Community Planning Act, the development and use of the parcel of land with an area of approximately 4,600 square metres, located at 28 -30 Richmond Street and 91 -101 Prince Edward Street, also identified as PID Nos. 00012799, 00012435, 00012443, 00012807 and 00012427, be subject to the condition that the use of the site be limited to the uses identified in the General Commercial (CG) zone, with the exception of the following: a bar and /or lounge, a health services lab, or a service station. Question being taken, the motion was carried. On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that the by -law entitled, "By -Law Number C.P. 111 -14 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 4600 square metres, located at 28 Richmond Street and 91 -101 Prince Edward Street, also identified as PID numbers 00012799, 00012435, 00012443, 00012807 and 00012427, from Mixed Commercial (CM) to General Commercial (CG), 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. 111 -14 A Law to Amend the Zoning By -Law of The City of Saint John ". 11. Submissions by Council Members 11.1 Saint John Real Estate Board (Mayor Norton) On motion of Councillor McAlary Seconded by Councillor MacKenzie RESOLVED that Common Council receive a brief presentation from the Saint John Real Estate Board concerning progress to date with regard to the Saint John real estate market which presentation would be made in early 2016. Question being taken, the motion was carried. 11.2 Referral Motion - Report from the Innovation Summit at Harvard on Enabling Economies of the Future (Mayor Norton) On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that Council refer the report from the Innovation Summit to City staff for consideration and application to upcoming recommendations in 2016 and beyond. n. 98- COMMON COUNCIL /CONSEIL COMMUNAL NOVEMBER 23, 2015/LE 23 NOVEMBRE 2015 Question being taken, the motion was carried. 12. Business Matters - Municipal Officers 12.1 Demolition of Vacant, Dilapidated and Dangerous Building at 85 Germain Street West On motion of Councillor McAlary Seconded by Councillor Farren RESOLVED that as recommended by the City Manager in the submitted report M &C 2015 -236: Demolition of Vacant, Dilapidated and Dangerous Building at 85 Germain Street West, Common Council direct one or more of the Officers appointed and designated by Council for the enforcement of the Saint John Unsightly Premises and Dangerous Buildings and Structures By -law, to arrange for the demolition of the building at 85 Germain Street West (PID #00367813), in accordance with the applicable City purchasing policies. Question being taken, the motion was carried. 12.2 Demolition of vacant, dilapidated and dangerous building at 291 Tower Street On motion of Deputy Mayor Rinehart Seconded by Councillor McAlary RESOLVED that as recommended by the City Manager in the submitted report M &C 2015 -235: Demolition of Vacant, Dilapidated and Dangerous Building at 291 Tower Street, Common Council direct one or more of the Officers appointed and designated by Council for the enforcement of the Saint John Unsightly Premises and Dangerous Buildings and Structures By -law, to arrange for the demolition of the buildings at 291 Tower Street (PID #00364521), in accordance with the applicable City purchasing policies. Question being taken, the motion was carried. 15.2 New Brunswick Youth Orchestra: Request for Sponsorship On motion of Councillor McAlary Seconded by Councillor Farren RESOLVED that the request for sponsorship from the New Brunswick Youth Orchestra be received for information. Question being taken, the motion was carried. (Councillor MacKenzie withdrew declaring conflict of interest) 15.3 Human Development Council: Service Agreement and Partnership On motion of Deputy Mayor Rinehart Seconded by Councillor McAlary RESOLVED that item 15.3 Human Development Council: Service Agreement and Partnership be referred to the 2016 budget process. Question being taken, the motion was carried. (Councillor MacKenzie re- entered the meeting) 15.4 Saint John Multicultural and Newcomers Resource Center: Requesting Free Space for Collection of Items On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that item 15.4 Saint John Multicultural and Newcomers Resource Center: Requesting Free Space for Collection of Items be received for information. Question being taken, the motion was carried. 9 98- COMMON COUNCIL /CONSEIL COMMUNAL NOVEMBER 23, 2015/LE 23 NOVEMBRE 2015 17. Committee of the Whole 17.1 Recommended Appointments to Committees On motion of Deputy Mayor Rinehart Seconded by Councillor Merrithew RESOLVED that as recommended by the Committee of the Whole, having met on November 23, 2015, Common Council approve the following appointments: Canada Games Foundation: to appoint Councillor Shirley McAlary as designate for the Mayor from November 23, 2015 until the end of her current term on Council. Community Grants Evaluation Committee: to reappoint both Rev. Erik Kraglund and David O'Toole each for a three year term from December 23, 2015 to December 23, 2018. Discover Saint John: to appoint Councillor Greg Norton from December 24, 2015 until the end of his current term on Council. FCM: to appoint Councillor Shirley McAlary from November 23, 2015 until the end of her current term on Council. Planning Advisory Committee: to appoint Christopher Martin for a three year term from November 23, 2015 to November 23, 2018. Saint John Aquatic Centre Commission: to appoint Shelly Dauphinee for a three year term from November 23, 2015 to November 23, 2018. Saint John Community Arts Board: to appoint Shannon Merrifield for a three year term from November 23, 2015 to November 23, 2018. Saint John Free Public Library: to appoint William Marr for a three year term from November 23, 2015 to November 23, 2018. Saint John Industrial Parks: to appoint Jeff Sheehan for a three year term from November 23, 2015 to November 23, 2018. Taxicab Advisory Committee: to appoint Councillor John MacKenzie from November 23, 2015 to the end of his current term on Council and appoint Gordon Perry to a three year term from November 26, 2015 to November 26, 2018, pending acquisition of taxi license. Trade and Convention Oversight Committee: to appoint Peter Murray for a three year term from November 23, 2015 to November 23, 2018. Stonehammer Geopark: to appoint Tim O'Reilly as a senior City staff appointment on the board for a three year term from November 23, 2015 to November 23, 2018, or until such time that he is no longer in his current position with Parks and Public Spaces. Question being taken, the motion was carried. 17.2 Preservation of the Royal Charter and Historical Minute Books On motion of Councillor McAlary Seconded by Councillor Farren RESOLVED that as recommended by the Committee of the Whole, having met on November 23, 2015, Common Council adopt the following resolution: To preserve the Royal Charter of the City of Saint John and the Common Council historical Minute Books and to maintain ownership by the City of Saint John, Common Council direct staff to develop an Agreement between the City of Saint John and the Provincial Archives of New Brunswick for a temporary transfer of custody of these documents for up to 5 years; and further, that the agreement specify that the City may retrieve the documents at any time; and further, that the Mayor and Common Clerk be authorized to execute said agreement. 10 98- COMMON COUNCIL /CONSEIL COMMUNAL NOVEMBER 23, 2015/LE 23 NOVEMBRE 2015 Question being taken, the motion was carried. 17.3 662677 N.B. Inc. Lease Agreement On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that as recommended by the Committee of the Whole, having met on November 23, 2015, Common Council adopt the following resolution: WHEREAS the City Lessor entered into a Lease dated the 31St day of May, 2012 (the "Lease ") with 056975 N.B. Ltd. As Lessee, for demised premises described as: "All that certain lot, piece or parcel of land situate lying and being in the City and County of Saint John and the Province of New Brunswick identified, described and shown as Lot 12 -01 on a Subdivision Plan entitled "Amending Subdivision Plan, the City of Saint John Subdivision, Falls View Drive dated May 30, 2012, prepared by Wade M. MacNutt, NBLS and filed in the Saint John County Registry Office on June 8, 2012 as No. 31567135 "; and WHEREAS 056975 N.B. Ltd. Assigned the Lease to 662677 N.B. Inc. by Assignment dated the 3rd day of August 2012; and WHEREAS rent due on November 1, 2015 under the Lease remains unpaid; THEREFORE BE IT RESOLVED that the City as Lessor and pursuant to the terms thereof terminate the Lease, re -enter into and upon and take possession of the premises demised in the name of the whole as of the Lessor's former estate; AND FURTHER BE IT RESOLVED that the Mayor and Common Clerk be authorized to execute any and all documentation effecting such termination, re -entry and possession. Question being taken, the motion was carried. 17.4 Special Meetings of Committee of the Whole On motion of Councillor McAlary Seconded by Councillor MacKenzie RESOLVED that Common Council schedule a Special Budget Committee of the Whole Closed Session meeting on Thursday, November 26, 2015 at 6pm in the 8th floor boardroom and further that Common Council schedule a Special Budget Committee of the Whole Closed Session meeting on Monday November 30, 2015 at 4:30pm in the 8th floor boardroom. Question being taken, the motion was carried. 12.3 One -Stop Development Shop Project Update Referring to the submitted presentation, Ms. Poffenroth provided an update on the One - Stop Development Shop Project. On motion of Councillor McAlary Seconded by Councillor Reardon RESOLVED that as recommended by the City Manager in the submitted report M &C 2015 -239: One -Stop Development Shop Project Update, Common Council: • receive and file this quarterly report from the One -Stop Development Shop team for communication to stakeholders during sessions planned for November 25 -27, 2015; endorse the schedule for adoption of the One -Stop By -laws; and • authorize staff to proceed with the additional digitization by managing the costs within the 2015 Growth and Community Development budget envelope. 11 98- COMMON COUNCIL /CONSEIL COMMUNAL NOVEMBER 23, 2015/LE 23 NOVEMBRE 2015 Question being taken, the motion was carried. 12.4 Recommended 2016 Urban Development Incentives Program Referring to the submitted presentation, Jody Kliffer, Planner, provided an overview of the 2016 Urban Development Incentives Program. On motion of Deputy Mayor Rinehart Seconded by Councillor McAlary RESOLVED that as recommended by the City Manager in the submitted report M &C 2015 -238: Recommended 2016 Urban Development Incentives Program: 1. Council endorse the Urban Development Incentives model, and refer the budget requirements to the 2016 budget review process; 2. receive and file the report to guide the upcoming stakeholder engagement; and, 3. authorize staff to proceed with the development of the administrative procedures to support the delivery of the model for 2016. Question being taken, the motion was carried 12.5 2016 Water & Sewer Utility Operating Budget On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that as recommended by the City Manager in the submitted report M &C 20155 -237: 2016 Water & Sewer Utility Operating Budget, Common Council adopt the following: 1. RESOLVED that the estimated revenue for the Water and Sewerage Utility for the year 2016 in the amount of $43,947,000 be adopted (Appendix "B "); 2. RESOLVED that the estimate of expenses for the Water and Sewerage Utility for the year 2016 in the amount of $43,947,000 be approved (Appendix "A "); and 3. RESOLVED that the By -Law entitled A By -Law to Amend a By -Law Respecting Water & Sewerage (Appendix "C ") be given third reading: Question being taken, the motion was carried. On motion of Councillor McAlary Seconded by Councillor Farren RESOLVED that the bylaw entitled, "By -Law Number M -16, A By -Law to Amend a By -Law Respecting Water and Sewerage" repealing Schedules "A" and "B" in Section 44, and substituting the submitted 2016 Schedules "A" and "B ", be read. Question being taken, the motion was carried. The by -law entitled, "By -Law Number M -16, A By -Law to Amend a By -Law Respecting Water and Sewerage ", was read in its entirety. On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that the bylaw entitled, "By -Law Number M -16, A By -Law to Amend a By -Law Respecting Water and Sewerage" repealing Schedules "A" and "B" in Section 44, and substituting the submitted 2016 Schedules "A" and "B" be read a third time, enacted, and the Corporate Common Seal affixed thereto. Question being taken, the motion was carried. Read a third time by title, the by -law entitled, "By -Law Number M -16, A By -Law to Amend a By -Law Respecting Water and Sewerage ". 12 98- COMMON COUNCIL /CONSEIL COMMUNAL NOVEMBER 23, 2015/LE 23 NOVEMBRE 2015 12.6 2016 General Capital Budget On motion of Councillor MacKenzie Seconded by Councillor Lowe RESOLVED that item 12.6 2016 General Capital Budget be tabled until after the 2016 operating budget is approved. Question being taken, the motion was carried with Councillors Norton and Farren voting nay. 13. Committee Reports 14. Consideration of Issues Separated from Consent Agenda\ 15. General Correspondence 16. Supplemental Agenda 18. Adjournment On motion of Councillor McAlary Seconded by Councillor Reardon RESOLVED that the Common Council meeting of November 23, 2015, be adjourned. Question being taken, the motion was carried. The Mayor declared the meeting adjourned at 7:55 p.m. Mayor / maire Common Clerk / greffier communal 13 Q , ifjio K\ COUNCIL REPORT M &C No. M &C 2015 -253 Report Date December 01, 2015 Meeting Date December 07, 2015 Service Area Finance and Administrative Services His Worship Mayor Mel Norton and Members of Common Council SUBJECT: 2016 Capital Request Eastside Library OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner /Dept. Head City Manager Craig Lavigne Kevin Fudge Jeff Trail RECOMMENDATION It is recommended that Common Council approve $68,000 in the proposed 2016 General Capital Budget, to allow the East Branch Library to order the necessary equipment to furnish its new location at 55 MacDonald Street. EXECUTIVE SUMMARY The Library has requested $68,000 in the 2016 Capital Budget for signage, shelving and furniture to complete the move to their new location at the Saint John Transit building at 55 MacDonald Street. Staff recommended approving this amount in the 2016 General Capital Budget brought to Council on November 9th and 23rd and is looking for Council to approve this amount in order to allow staff to order items needed to facilitate the opening of the new library location. PREVIOUS RESOLUTION M &C — 2015 -159 — "It is recommended that Common Council award Tender No. 2015- 085105T to Bird Construction Group at a cost of $281,000.00 plus HST, and that Richard and Co. Architecture Inc. be engaged to manage the construction phase at a cost of $7,200.00 plus HST. STRATEGIC ALIGNMENT Describe how this report aligns with corporate strategies /Council priorities. 14 -2- REPORT The East Branch Library's move to their new location at the Saint John City Transit is well underway. Staffs in the City's facility management and IT departments, along with Library stakeholders are instrumental to the success of the project. Construction of the Library is expected to be completed in early January 2016 and the move into the new space is expected by February 2016. In order to facilitate the complete move, the Library has requested equipment in their 2016 capital submission. Several items required have lead times of up to eight weeks before delivery. In order to reduce the risk of not being open on time, staff is recommending Council approve the Library's request for equipment submitted for the 2016 General Capital Budget. SERVICE AND FINANCIAL OUTCOMES The East branch Library is running the risk of not being able to open at the City Transit building by February 2016. There is a risk of additional expenditures if the East Branch stays in its current location or there is service risk to the Public is the location is not ready to serve the citizens. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Click here to enter text. Exhibit 1— 2016 General Capital Budget Recommended 15 Exhibit 1 - 2016 General Capital Budget Recommended Project BUDGET-OTHER BUDGET - CITY CATEGORY DEPARTMENT DESCRIPTION # SHARE SHARE 1 Transportation Transportation & Asphalt Roadway Maintenance and $ 750,000 $ - Environment Rehabilitation program 2 Transportation Transportation & Concrete curb and sidewalk including drainage $ 750,000 $ - Environment with Asphalt Program various locations 3 Transportation Transportation & Canterbury Street Curb & Sidewalk, $ 150,000 - Environment $ - 4 Transportation Transportation & Exmouth Street - Street reconstruction (W &S) $ 660,000 Environment $ - 5 Transportation Transportation & Boars Head Road - Curb and sidewalk $ 350,000 Environment $ - 6 Transportation Transportation & Golding Street - Concrete sidewalk and $ 255,000 Environment renewing the asphalt (W &S) $ - 7 Transportation Transportation & Grannan Lane - Replacement of concrete $ 150,000 Environment driving surface with new concrete. $ - 8 Transportation Transportation & Guide Rail Replacement Program - Phase 2 of 4 $ 200,000 Environment $ - 9 Transportation Transportation & Harmony Drive - Street reconstruction (curb, $ 275,000 Environment sidewalk, landscaping and paving), $ - 10 Transportation Transportation & King Square North - New Fully Signalized $ 335,000 Environment Intersection - Top of King Street $ - 11 Transportation Transportation & King Square North - New Fully Signalized $ 335,000 Environment Intersection - Front of City Market $ - 12 Transportation Transportation & Union Street /Patrick Street Signalized Lights $ 250,000 Environment $ - 13 Transportation Transportation & Newman Street - Street reconstruction - (W &S) $ 370,000 Environment $ - 14 Transportation Transportation & Paddock Street - Street reconstruction $ 215,000 Environment $ - 15 Transportation Transportation & Princess Street - Charlotte to Syndey Street - $ 700,000 Environment Street reconstruction - (W &S) $ - 16 Exhibit 1- 2016 General Capital Budget Recommended 17 Replacement of existing deteriorated retaining 16 Transportation Transportation & in $ 125,000 walls supporting streets and sidewalks Environment various locations $ - 17 Transportation Transportation & Skyline Drive - Street reconstruction $ 175,000 Environment $ - 18 Transit Transportation & Bus Replacement $ 475,000 Environment $ - 19 Transit Transportation & Handi -Bus $ 155,000 Environment $ - 20 Storm Transportation & Exmouth Street - Richmond St - Brunswick Drive $ 300,000 $ - Environment -Storm Upgrade - (W &S) 21 Storm Transportation & Golding Street - Waterloo to Bayard Street - $ 115,000 $ - Environment Storm Sewer upgrade - (W &S) 22 Storm Transportation & Hanover Street - Crown to March Creek - Storm $ 400,000 Environment sewer upgrade - (W &S) $ - 23 Storm Transportation & Honeysuckle, Sherbrook Street Culvert # 4 - $ 2,600,000 $ - Environment replace culvert by NBDTI 24 Storm Transportation & Honeysuckle, Sherbrook Street Culvert # 3 - $ 1,200,000 $ - Environment replace undersized culvert by NBDTI 25 Storm Transportation & Honeysuckle, Sherbrook Street replace $ 475,000 $ - Environment undersized culvert # 5 and Removal of culvert # 26 Storm Transportation & Kelly Lane - End of Kelly Lane to Sandy Point $ 115,000 Environment Road - Storm sewer for separation $ - 27 Storm Transportation & Paddock Street - 39 Paddock to Coburg -Storm $ 115,000 Environment sewer for separation - W &S $ - 28 Storm Transportation & Princess Street - Charlotte to Syndey Street - $ 85,000 Environment Storm sewer for separation - W &S $ - 29 Storm Transportation & Ready Street - Main to Catherwood Street - $ 250,000 Environment Storm sewer for separation - W &S $ - 30 Storm Transportation & Development of a stormwater model for the $ 160,000 Environment East and Central catchment Area $ 31 Storm Transportation & Westgate Park Drainage Basin - Trunk Storm $ 1,060,000 Environment Sewer New $ - storm sewer - 17 Exhibit 1- 2016 General Capital Budget Recommended 32 Storm Transportation & Westgate Park Drainage Basin - Property $ 110,000 Environment acquisition for construction of collector swale $ - 33 Parks & Public Transportation & Renewal of existing infrastructure such as $ 550,000 Spaces Environment sportfield assets, playground, tennis courts $ - 34 Parks & Public Transportation & Rainbow Park $ 250,000 Spaces Environment $ - 35 Parking Transportation & Coin Wrapper $ 20,000 Commssion Environment $ - 36 Public Safety Strategic Services Trunk Radio for Emergency Services - Public $ 1,250,000 Safety Required $ - 37 Information Strategic Services Replace City Network Infrastructure $ 100,000 Technolo gY $ 38 Information Strategic Services One Stop Applications & Hardware $ 50,000 Technolo gY $ 39 Information Strategic Services Upgrades to ERP $ 30,000 Technolo gY $ 40 Information Strategic Services Additional Disk Storage Systems & Tape Backup $ 200,000 $ 20,000 Technology 41 Information Strategic Services Computer Replacement Program $ 400,000 $ - Technology 42 Information Strategic Services PSCC GIS Mapping Program $ 108,049 Technology 43 Economic Waterfront Development Harbour Passage Eco -Hub $ - $ 35,000 Development 44 Economic Waterfront Development Harbour Passage and Boardwalk $ - $ 30,000 Development 45 Facilities Harbour Station Replace Cooking Equipment $ - $ 48,000 Management 46 Facilities Harbour Station Replace Replay Video Equipment $ 32,000 Management 47 Facilities Harbour Station Purchase new Computers /Servers $ - $ 17,500 Management 48 Facilities Harbour Station Replace Video Switcher /Playback Equipment $ - $ 45,000 Management r. Exhibit 1- 2016 General Capital Budget Recommended 49 Public Safety Fire Replacement of aged SCBA packs and Bottles $ - $ 75,000 (2016) 50 Public Safety Fire Purchase of New Fire Engine (2016) $ - $ 500,000 51 Public Safety PSCC Upgrade Back PSCC Consul of Firestation #1 $ - $ 40,000 52 Facilities Library Shelving - mobile display shelves for new East $ $ 10,000 - Management Branch 53 Facilities Library Shelving - mobile periodical display units for $ $ 8,000 - Management new East Branch 54 Facilities Library Furniture - for space at new East Branch, in $ $ 15,000 - Management Transit Building 55 Facilities Library Move to Saint Transit - Approved in 2015 $ - $ 203,200 Management 56 Facilities Library Signage - East Branch at Transit Building $ - $ 35,000 Management Recreation & 57 Municipal Canada Games Aquatic Replace flow control valves $ - $ 28,350 Centre Owned Facilities Recreation & 58 Municipal Canada Games Aquatic Replace Flow Meter $ - $ 7,000 Centre Owned Facilities Recreation & 59 Municipal Canada Games Aquatic Facility Capital Renewal $ - $ 200,000 Centre Owned Facilities Recreation & 60 Municipal Canada Games Aquatic Retrofit Breaker Panels: Filter Rooms $ - $ 47,250 Owned Facilities Centre 19 Exhibit 1 - 2016 General Capital Budget Recommended $9,958,049 $11,856,300 20 Recreation & 61 Municipal Canada Games Aquatic Epoxy filter tank (leisure tank) $ - $ 20,000 Centre Owned Facilities 62 Facilities City Market City Market Renovation $ - $ 580,000 Management 63 Facilities City Market City Market Pedway Elevating Devices $ - $ 120,000 Management Replacement 64 Facilities Lilly Lake Pavillion Year 3 of 3 year commitment of Captial $ - $ 150,000 Management 65 Economic Trade & Convention Centre Year 4 of 5 year Commitment of Capital $ - $ 170,000 Development 66 Facilities Facility Management Carleton Community Center Replace Windows $ $ 60,000 - Management Phase 1 67 Facilities Facility Management Carleton Community Center Replace $ - $ 80,000 Management Foundation Wateroroofing 68 Facilities Facility Management Forest Hill Canteen - Connect Sanitary Systems $ $ 40,000 - Management to Municipal Services 69 Facilities Facility Management Fire Station #4- Replace Roof $ - $ 80,000 Management 70 Facilities Facility Management Fire Station #4/ #6- HVAC Upgrade $ - $ 40,000 Management Facility Capital Renewal - Petes Frootique 71 Facilities Facility Management Leasehold, Rockwood Park Int Center, Arts $ - $ 110,000 Management Building 72 Facilities Lord Beaverbrook Rink Exit Fire Doors and interior Doors Replacement $ - $ 50,000 Management 73 Finance & Admin Fleet Management Fleet Replacment $ 2,000,000 $ - 74 Economic Trade & Convention Centre Chair Replacements $ - $ 100,000 Development 75 Economic Industrial Parks Industrial Park Land Development $ - $ 200,000 Development $9,958,049 $11,856,300 20 Q ' if ji'om COUNCIL REPORT M &C No. 2015 -248 Report Date November 26, 2015 Meeting Date December 07, 2015 Service Area Finance and Administrative Services His Worship Mayor Mel Norton and Members of Common Council SUBJECT: Terms of December 2015 Debenture Issue OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner /Dept. Head City Manager Craig Lavigne Kevin Fudge Jeff Trail RECOMMENDATION It is recommended that this report be received and filed. 1o:.ffla D / #j►Ii L►:i'I On November 6, 2015 the New Brunswick Municipal Finance Corporation negotiated the sale of a serial bond issue in the amount of $50,300,000 of which $7,320,000 related to the City of Saint John 2014/15 Capital Program and 2005 refinanced debentures. PREVIOUS RESOLUTION M &C 2015 -170 - Whereas occasion having arisen in the public interest for the following public civic works and needed civic improvements, that is to say: GENERAL FUND Transportation Services $ 1,000,000 Economic Development $ 1,000,000 $ 2,000,000 21 sa SAINT JOHN TRANSIT COMMISSION REFINANCE DEBENTURES Debenture No. AT 14 -2005 $ 2,370,000 (General Fund — 5 years) Debenture No. AT 15 -2005 $ 1,750,000 (Water & Sewerage —10 years) Debenture No. AT 16 -2005 $ 200,000 (Transit Commission — 5 years) I to] Ell $ 1,000,000 $ 4,320,000 $ 7,320,000 1. Therefore resolved that debentures be issued under provisions of the Acts of Assembly 52, Victoria, Chapter 27, Section 29 and amendments thereto to the amount of $7,320,000. 2. Commissioner of Finance be authorized to issue and to sell to the New Brunswick Municipal Finance Corporation (the "Corporation ") a City of Saint John bond or debenture in the principal amount of $7,320,000 at such terms and conditions as are recommended by the Corporation. 3. And further that the City of Saint John agrees to issue post -dated cheques to the Corporation, or other such arrangements as the Corporation may from time to time accept, in payment of principal and interest charges on the above bond or debenture as and when they are required by the Corporation. 4. And further that the Commissioner of Finance be hereby authorized to receive an offer in connection with the foregoing debentures at a price not less than $98 per $100 of debenture, at interest rates not to exceed an average of 4.50% and at a term not to exceed 15 years for the issue related to the General Fund and not to exceed 20 years for the Water & Sewerage Utility. For refinancing debentures from 2005, term not to exceed 5 years for the General Fund and refinancing term not to exceed 10 years for the Water and Sewerage Utility. 5. And further that the Commissioner of Finance report to Common Council the exact values for price per $100 of debenture, interest rate and term in years, together with the date of the issue. 22 -3- Describe how this report aligns with corporate strategies /Council priorities. REPORT The terms of the issue as they relate to Saint John are as follows: Term: 10, 15, serial form $7,320,000 Coupon Rate: Year 1 - 1.05% Year 11 - 3.30% Year 2 - 1.35% Year 12 - 3.40% Year 3 - 1.55% Year 13 - 3.50% Year 4 - 1.85% Year 14 - 3.60% Year 5 - 2.10% Year 15 - 3.65% Year 6 - 2.35% Year 7 - 2.60% Year 8 - 2.85% Year 9 - 3.00% Year 10 - 3.15% Price: $ 99.41 (Principal: $2,570,000) $ 99.19 (Principal: $1,750,000) $ 99.03 (Principal: $3,000,000) Average Yield: 2.907% Settlement Date: November 6, 2015 The interest rates and the discount factor were within the limits approved by Common Council at its meeting held on August 31, 2015. As such the Mayor and Common Clerk have signed the debentures between the City and the New Brunswick Municipal Finance Corporation for $7,320,000 at the terms listed above on November 23, 2015. Click here to enter text. SERVICE AND FINANCIAL OUTCOMES Service implications related to economic, social or environmental impacts in the community. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Click here to enter text. ATTACHMENTS List attachments related to report. 23 24 COUNCIL REPORT M &C No. 2015 -254 Report Date December 01, 2015 Meeting Date December 07, 2015 Service Area Strategic Services His Worship Mayor Mel Norton and Members of Common Council SUBJECT. New 911 Call Mapping Solution for the Saint John Public Safety Communications Center OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner /Dept. Head City Manager Brian Woods Neil Jacobsen I Jeff Trail 1 ;7���1��lul �►�1 �7_� ��[�1►�I To approve the purchase of and secure reimbursement from the New Brunswick Department of Public Safety for: • the purchase and installation of equipment, software and services required to enable 911 call mapping within the Saint John Public Safety Communications Center from Geographic Technologies Group in the amount of $96,049.00 plus tax (US); • the purchase of necessary equipment such as displays, servers etc. through the City's existing standing offer agreements, and; • the allocation of required GIS services from the City's GIS Department in support of the project. EXECUTIVE SUMMARY This project is a result of the City of Saint John, working in close cooperation with the Saint John Police Force and the Saint John Fire Department, securing special project funding through the Provincial Government's Enhanced 911 (E -911) Program. The Province is partnering with NB municipalities, public safety organizations and 911 communications centers in implementing enhanced 911 services and supporting technologies. The City's Information Technology (IT) Service will be installing a new 911 call mapping system within the Saint John Public Safety Communications Center (PSCC), which is part of a broader provincial mapping system to be implemented in 2016. The Province of New Brunswick (through NB -911) will be reimbursing 25 -2- the City for the cost of purchasing and implementing the new call mapping and visualization system. The new system provides an integrated and scalable mapping (streets, civic numbering, topology, satellite imagery, etc.) solution that will provide 911 dispatch and operational personnel with an accurate, timely, and reliable visualization tool for planning and monitoring emergency response operations and activities. In order for this project to be eligible for full reimbursement by the Province, the new call mapping and visualization system must be implemented by March 2016. PREVIOUS RESOLUTION 10 rem STRATEGIC ALIGNMENT A key component of Councils "Community of Choice" priority is public safety. This project will directly improve operational and situational awareness for emergency services, thereby resulting in improved information flow and enhanced emergency responder decision making. BACKGROUND INFORMATION As is often the case, a catastrophic incident occurs that disrupts and redefines established practices. The tragic events of June 2014 in Moncton graphically illustrated that our established emergency response practices were not fully adequate. The subsequent Report by RCMP Assistant Commissioner Alphonse MacNeil (retired) offered 64 post -event recommendations, a number of which spoke to inadequate emergency communications and information sharing technologies. Recommendation 7.8 of the Report specifically recommends the implementation of a "high resolution mapping system ", with the ability for emergency dispatch and response personnel to be able to share vital location - based information. Today it is possible to call someone, while simultaneously sharing data and accessing a map showing their location. Furthermore, it is relatively simple with existing applications and services to know where members of your family and friends are currently located. For citizens this is an interesting evolution in basic communications technology, but for our emergency responders, this type of data and information, combined with GIS visualization tools, can be life- saving. Despite the obvious benefit of this technology and recent enhancements to our Provincial 911 network capabilities (including the delivery of GPS coordinates with 911 calls), our 911 Communications and Dispatch Center does not have advanced GIS visualization capabilities. 26 -3- In response to this gap, the City of Saint John (IT and GIS Departments in cooperation with Police and Fire) competed for Provincial Enhanced -911 innovation funding to develop a new advanced GIS visualization application for use within the Saint John's 911 PSCC. The new application provides a fully integrated and scalable mapping (streets, civic numbering, topology, satellite imagery, etc.) solution that provides a reliable and dynamic visualization of evolving emergency response operations and situations. By being able to visualize and discuss emergency events in real -time, our public safety personnel will be able to achieve greater efficiencies, enhanced responder safety, and superior outcomes. Post -event data and information can also be reviewed from a process improvement and scenario planning perspective. The new call mapping and visualization solution integrates the City of Saint John's Computer Aided Dispatch (CAD) system (existing Sungard Public Safety application) with the City's Geographic Information Systems system (existing ESRI application). The integrated solution is capable of supporting a local (Saint John region) and full provincial operating picture, and has the potential to ultimately support other provincial 911 Communications Centers. The mapping and integration partner for this project is Geographic Technologies Group. Geographic Technologies group are the only certified Sungard partner for integrated CAD - GIS solutions. They provide an integrated, interoperable mapping solution called VantagePoints (Vantage Points VPModule.pdf). VantagePoint is a full suite (enterprise solution) of GIS visualization and analytics tools for location and associated data (e.g., incident locations by 911 call and call type; emergency vehicle ETA; real -time route choices based on traffic conditions; etc.). VantagePoints reads SQL data (the industry standard format for large complex data sets). VantagePoints is also based on the industry leading ESRI ArcGIS product line. The New Brunswick GIS standard (for GIS data and GIS applications) is ESRI ArcGIS. Operationally, VantagePoints will be fully compatible with all emergency services and 911 Communications Centers in New Brunswick, and is fully compatible with the core mapping data (streets, civic numbering, topology, satellite imagery, etc.) that is the backbone of GIS services and associated data applications in New Brunswick. VantagePoints will provide a real -time (and post - event) common operating picture for our 911 Dispatch Centers and emergency services. SERVICE AND FINANCIAL OUTCOMES A mapping solution for emergency operations will improve responsiveness, improve community safety, and ultimately save lives. 27 The cost to implement the recommended 911 call mapping solution is approximately $150,000 CAD, which will be fully reimbursed by the Province on completion of the project (prior to March 2016). Project costs are allocated as follows: • $96,049 US (^'$131,000 CAD) VantagePoints components (Apps installation, setup and training; subscription). • $12,000 CAD PSAP display, servers, etc. • $7,000 CAD SJ GIS Services (Integrating data into common geodatabase; data structuring and configuration) • $150,000 TOTAL ESTMATED COSTS in Canadian Funds This amount is included in the City of Saint John's proposed 2016 Capital Budget as an item with funding from other sources. Given the early 2016 implementation time line associated with this project, Council is being requested to approve this expenditure in advance of approving the 2016 Capital Budget. IT staff will provide Council with an update once the project is fully implemented. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The above sole source purchase is in accordance with the City's Procurement Policies and Materials Management support the recommendation being brought forth in this Report. This project is also supported by the City's protective services operational units: Saint John Police Force and the Saint John Fire Department, and has been approved and is being funded by the Province of New Brunswick. ATTACHMENTS Attachment A: Proposal from Geographic Technologies Group E 0 G R A P H TE HN OLOG IES GROUP-M& 9 1202 Parkway Drive Phone (919)- 759 -9214 Fax (919)- 759 -0410 Quote # G20 -5757 solutions4.geotg.com DATE: September 14, 2015 Quotation - Vantage Points for Public Safety To: From: City of Saint John, CA James Kelt JkeltC _ eotg.com 1202 Parkway Dr Goldsboro, NC 27534 903 - 738 -2560 888 - 757 -4222 ext. 156 Contact Quote Valid for Terms James Kelt 90 Days 90 Days QUANTITY DESCRIPTION UNIT PRICE AMOUNT Vantage Points Dispatch with AVL- ELA $ 37,250.00 Vantage Points Dispatch with AVL- Discount $ (15,000.00) Vantage Points Dispatch with AVL- Installation, setup and training $ 4,200.00 Vantage Points Dispatch with AVL- Annual Maintenance (21 % due 1 yr after install) $4,673 Vantage Points Mobile with AVL- ELA $26,000 Vantage Points Mobile with AVL- Discount ($10,000) Vantage Points Mobile with AVL- Installation, setup and training 54,200 Vantage Points Mobile with AVL- Annual Maintenance (21% due 1 yr after install) $3,360 Vantage Points Viewer- ELA $20,700 Vantage Points Viewer- Discount ($10,000) Vantage Points Viewer- Installation, setup and training $4,200 Vantage Points Viewer- Annual Maintenance (21% due 1 yr after install) $2,247 311 GIS Annual Subscription $4,999 311 GIS Installation, setup and training $2,000 Vantage Points SMART with AVL- (smart device not included) $7,500 Vantage Points SMART- Discount ($1,500) Vantage Points SMART with AVL- Installation, setup and training $2,800 Vantage Points SMART with AVL- Annual Maintenance (21% due 1 yr after install $1,260 Vantage Points PSA- Public Safety Analysis (Crimes)- ELA $15,000 Vantage Points PSA- Discount ($4,500) Vantage Points PSA- Installation, setup and training $2,800 Vantage Points PSA- Annual Maintenance (21% due 1 yr after install) $2,205 MapNimbus Public Crimes Application (annual subscription) $1,400 MapNimbus Public Crimes Application - Installation, setup and training $1,000 Additional Database Integrations (Versaterm and Niche) $3,000 SUBTOTAL $96,049 TAX RATE 0.00 SALES TAX - SHIPPING & HANDLING - TOTAL $ 96,049.00 A notice to proceed can be in the form of a purchase order or by noting the desire to proceed on letterhead. Travel and per diem to be billed separate ESRI's ArcGIS Server is required for Vantage Points versions quoted. ArcGIS Server must be installed and configured correctly in order to utilize Vantage Points products quoted and meet the hardware requirements as stated by ESRI standards • Pricing is USD Purchase Order can be faxed to 919- 759 -0410 Sales tax is not charged with proof of exemption THANK YOU FOR YOUR BUSINESS! 29 Saint John Parking Commission Commission sur Ile stationnement de Saint John November 20, 2015 Mayor Mel Norton and Members of Common Council City of Saint John 81h Floor, City Hall Saint John, NB Mayor Norton and Members of Common Council: 11 th Floor, City Hall, 11 ieme Etage, Hotef de Ville P.O. Box 1971 / C.P. 1971 Saint John, N.B. /N. -B. F2L 4L1 Tel / Tel: (506) 658 -2897 Fax / Telecopieur: (506) 649 -7938 E -mail / Courriel: parking@saintjohn.ca RE: Appointment of Jeremy Brilliant and David MacDonald Canadian Corps of Commissionaires as By-Law Enforcement Officers We are requesting that the following resolution be approved: "Resolved that pursuant to Section 14 of the Police Act of the Province of New Brunswick, the Common Council of the City of Saint John does hereby appoint the following members of the Canadian Corps of Commissionaires as By -Law Enforcement Officer with the responsibility and authority to enforce provisions of the Parking Meter By -Law and the provisions of Section 5 Section 5.1, Section 7, Section 8, Section 15 and Section 16 of the Saint John Traffic By -Law, namely: Jeremy Brilliant and David MacDonald. And further, that this appointment shall continue until such time as the appointees cease to be members of the Canadian Corps of Commissionaires or until the appointment is rescinded by Common Council, whichever comes first." Yours t ly, Ric rd J. Smith Gen ral Manager RJSJvf www.sain4John.ca December 1, 2 015 Common Clerk City of Saint John 15 Market Square Saint John, NB Rodney McGrath 32 Midwood Ave Saint John, NB E2P 1 K6 Dear Common Clerk: V, aft I would like to speak with the mayor and common councillors about my presentation on earthship homes. I am part of the working poor community and am trying to teach you whats all about. Michael Renolds his movie " A Genuinely Inspirational Film" GARBAGE WARRIOR stated The infrastructure is falling apart and the people go back to the city just to mine out the goods And now we have earthships across Canada and two earthships in NB. That's what it is all About survival on this planet ,food production, wind, solar, cool and warm, shelter, earthquake Proof, forest fires, no heating bills and harvest water from the roof in your cistern tanks. Please consider letting me speak before council and the mayor as soon as possible. Thank You for your time Rodney McGrath 31 The My Hero Project - Michael Reynolds <br >Garbage Warrior... Page 1 of 6 "The word of the future is LOGIC. Not rules, not regulations, not politics, not religion. Unadulterated logic is what will get us through. " EARTHKEEPER HERO: MICHAEL REYNOLDS GARBAGE WARRIOR by Wendy Jewell l It all started in the 70's. Michael Reynolds, a newly minted architect from the University of Cincinnati heard through the media that ?� everyone was littering the streets and highways with aluminum ' - cans. "I responded to that by building a house out of those thrown away cans. I was an architect but now I'm a biotect." He created the alternative word Biotecture to describe "the profession of designing buildings and environments with consideration for their sustainability. A combination of biology and architecture." Michael Michael Reynolds (Earthship.net) Reynolds builds Earthships and teaches anyone who will learn how to build them, too. He describes an Earthship as "a fully sustainable building made with biproducts of our society. It is a building that will take care of you in every way: food (year round green house), heating, water, air and sewage disposal. He tells me, " Earthships are the living model of the future that goes far beyond house and architecture." Michael Reynolds is a self- described "guy who's trying to do some sustainable housing for the future." He is a passionate advocate for sustainable living. He believes our consumerist society is destroying our natural resources and eco- systems and that the only "logical" thing to do is to use the discards of our currently unsustainable lifestyle to create sustainable housing. When asked about the common misconceptions of his work, he replied, "Well, it's a lack of holistic understanding of the scope of (biotecture). When we started, some people just thought we were building out of recycled materials. Then others began to see we were building sustainable buildings out of recycled materials." It is this "logical" paradigm for building that Reynolds has been advocating for more than thirty years. "We need to live in an entirely different way and that is what we are hoping to find and present to people," httn- / /mvhPrn_rnm /an /nrin1 aen ?hP.ro =Min.haPl Rfvnnlrlc MOR (151(l�f�(11 32 The My Hero Project - Michael Reynolds <br >Garbage Warrior... Page 2 of 6 inside an Earthship (earthship.org) Michael Reynolds has been called the King of Garbage, Garbage Architect, Tsunami Warrior and most recently, "Garbage Warrior." This last moniker was given him by Oliver Hodge, the producer of the film with the same name. This documentary chronicles Michael's battle against outdated zoning laws and corporate - friendly building ordinances in order to create off - the -grid houses, using materials found in garbage dumps: tires, bottles, aluminum cans, cardboard, plastics and even panels from thrown away refrigerators, stoves and washing machines. Michael says, "Everything we are doing is a response to the media. We knew in the 70's that we were running out of fuel and water. I was inspired to create a way of life that responds to those problems. There are mountains of tires around the world, and no one knows what to do with them. Hawaii actually ships its used tires to California." Michael's earthship designs use discarded tires to create incredibly strong foundations. After filling the tires with earth and stacking them like bricks, the resulting walls are so thick, they aid in temperature retention. Coupling this feature with year -round greenhouses allows each earthship to maintain a temperature of 72 degrees, regardless of where it's located. "Once I added the concept of thermal mass by beating dirt into a tire, I created a low -tech, readily available and easy -to -learn method of building. I couldn't have conceived of a better material than tires to build with." http: / /myhero.com /go /print.asp ?hero= Michael Reynolds 2008 33 05/02/2012 vfe, %mss ! r%5 ;�eu 34 Stephen E. Patterson M.O.M., B.A., M.Sc. 45 Morris Street Saint John, NB E2M 3R2 Saint John Common Council 15 Market Square Saint John, NB P. O. Box 1971 E2L 4L1 Your Worship and Council Members. November 22, 2015 I am writing to you on the matter of road resurfacing and sidewalk and curbing replacement for Morris Street. I am requesting that this street be placed on the list of streets to be dealt with in 2016. The road requires resurfacing. The sidewalks are cracked and broken as well as places where the sidewalks are uneven. The curbs have worn away in places and grass has actually grown over them and has spread to the side of the roadway. I have spoken with City staff, along with a neighbor of mine on various occasions for the past five years. During those years, the other 3 streets in this neighborhood have been resurfaced, and new sidewalks and curbing installed. ( Collins Street, Prospect Street and McKiel Street). We have been told on these numerous occasions, that the road might be done, but not the sidewalks or curbing. This year I was told that the road might be done next year, but it would be hard to put in new sidewalks without excavating them because the sidewalks would be higher than the lots, which would place a higher cost on the work. I was told that the engineers would have to study the problem and come up with a solution. I am frustrated. The sidewalks and curbs, along with the roadway are over 50 years old and certainly do need replacement. We have a number of senior citizens in the area, some of whom use walkers. There are a number of small children, some of whom are infants in baby carriages. Cracked and broken pavement causes safety issues for these folks. I have read where a number of insurance claims that the City paid out in the last year included broken sidewalks, etc. To prevent such payments where the City knows of the problems, I suggest it is more prudent to eradicate the problems, and improve the safety of those who use the sidewalks and curbing. I am simply requesting that you refer this matter to the Road and Sidewalk Maintenance Program for strong consideration for the 2016 Road and Sidewalk replacement program. 36 I thank you for your attention to this matter. Respectfully, Stephen E. Patterson 37 ��� FURBY Fn InG5 FESTMIURL Dec. 1st, 2015 Hon. Mel Norton, Mayor of Saint John c/o Common Clerk's Office City Hall P.O. Box 1971 Saint John, NB E2L 41_1 Dear Mr. Norton and honorable city councilors: The Fundy FRINGE Festival is happy to announce that we have begun preparations for our 4t" annual festival, running from Aug. 16 -21, 2016. After a new successful 2015 festival, which saw a 32% increase in audience turnout and 25% increase in artist payout compared to our previous year, we are looking forward to continuing this pattern by creating an even more diverse and exciting signature summer festival. Since our inception in 2013, the Fundy FRINGE Festival has developed a reputation both nationally and internationally as a high - quality and empowering festival for volunteers, artists and audience. As New Brunswick's only FRINGE festival, we feel that it is important that the Fundy FRINGE Festival exist as a strong, professional organization capable of representing both Saint John and New Brunswick on the national and international stage. It is with this in mind that I am writing to request $10,000 in funding from the City of Saint John. This funding will support the endeavors of the Fundy FRINGE Festival in its 2016 season. These include securing a minimum of 50% of performance slots for local artists, free workshops for youths under the age of 18, a hospitality tent featuring local food, drinks and music, and free tickets for individuals and families in need. This goes hand -in -hand with the common council's goal of providing "diverse and accessible opportunities to engage in arts, culture and recreation in a safe and caring environment" (Our Saint John, Our Priorities 2012 - 2016). Support from the City of Saint John will also help to ensure funding both provincially and federally, and ensure the continued success of the festival in the years to come. On behalf of the Fundy FRINGE Festival, I thank you in advance for your consideration of our request. Sincerely, Sarah Rankin Executive Director Fundy FRINGE Festival 112 Princess Street Saint John, NB E2L 1 N9 Phone: 652 -7582 E -Mail: info @fundyfringefestival.com Web: fundyfringefestival.com OCT Where Comrnun'ty and Compossion Unite November 30, 2015 City of Saint John 15 Market Square Saint John, NB E2L 41-1 Att: Mayor and Council, Your Worship Mayor Mel Norton and Councillors, United Commercial Travelers www.uct.org commonly known as UCT is a non - profit organization uniting people with a common passion for good citizenship and volunteerism to improve our local communities. Our number one priority is to support the Intellectually Disabled and Youth within our communities. Our UCT Atlantic jurisdiction encompasses 12 Councils throughout New Brunswick, Nova Scotia and membership exists within all 4 Atlantic Provinces. From May 12th to 15th, 2016 UCT Jack Kidd Council 755 is honoured to be host of the 601h anniversary of our UCT Atlantic Regional Council. More than 150 members throughout Atlantic Canada will come together in unison at the Delta Brunswick Hotel to celebrate the Diamond Jubilee of our non - profit organization. We will celebrate our community volunteerism and dedication to having and to continuing to serve our UCT motto of People Helping People less fortunate than we. For this very special occasion we are preparing a souvenir program that will feature the community work of all local Councils and many of its dedicated members. We will also recognize such people as Red McConkey, Jack Kidd, Vernon McCarville, John Kelly and Wes Cosman, just to name a few who have made a difference in the Greater Saint John area. As such we are soliciting your support by purchasing one of our full page color ad, 8.5x11 for $1000.00. We would also request the City to convey its warmest greetings to everyone 39 attending the 60th anniversary of the UCT Atlantic Regional Council. The City's support in helping us achieve our program and prepare for our 60th anniversary will be greatly appreciated. We are Where Community and Compassion Unite. X st ul �Rod Bord and Tom Davidson 2016 Program Fundraising Committee HE Q , ifjio K\ COUNCIL REPORT M &C No. 2015 -252 Report Date December 03, 2015 Meeting Date December 07, 2015 Service Area Finance and Administrative Services His Worship Mayor Mel Norton and Members of Common Council SUBJECT: Tender for Elevating Devices Replacement- City Market Pedway OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner /Dept. Head City Manager Samir Yammine Kevin Fudge Jeff Trail RECOMMENDATION It is recommended that the tender submitted by John Flood & Sons (1961) Ltd., for the replacement of the elevating devices in the City Market Pedway, in the amount of $796,889.00 including HST be accepted. Factoring the HST rebate, the total tender cost is $729,391.81. Further to the base tender amount, it is recommended that a contingency allowance be carried for this project in the amount of $42,000, for a total amount of $771,391.81. Additionally, it is recommended that the Mayor and Common Clerk be authorized to execute the necessary contract documents. EXECUTIVE SUMMARY The purpose of this report is to seek Council's approval to award the replacement of the elevating devices in the City Market Pedway to the lowest compliant bidder. As per M &C- 2015 -165, Common Council authorized staff to issue a tender for contractors interested in replacing the elevating devices in the City Market Pedway as per option 3 concept design which consists of the following: • Removal of the two existing escalators • Removal of the hydraulic handicap lift Install a new full service elevator that can be used by the public in general including people with physical disabilities; 41 -2- • Install new UP escalator See attached option 3 concept design drawings for more details. STRATEGIC ALIGNMENT The proposed elevating devices replacement is part of the City Market capital renewal. The City Market Pedway accessibility was identified as a high priority by Common Council. REPORT The replacement of the elevating devices at the City Market Pedway is part of the City Market Renovation project. The proposed work will consist of the following: • Removal of both existing escalators; • Removal of the Hydraulic lift; • Removal of the outdoor heat pump unit located outside the City Market Pedway near Germain Street; • Install a new full service elevator that can be used by the public in general including people with physical disabilities; • Install new UP escalator; • Installation of a new low -slope ramp to provide access from the upper elevator door to market level; • Upgrade to the Heating, Ventilation and Air Conditioning (HVAC) system; and • Structure modification to the front wall of the Pedway facing Germain street SERVICE AND FINANCIAL OUTCOMES The total cost to perform the replacement of the elevating devices at the City Market Pedway, if awarded to the lowest bidder as recommended, will be $771,391.81 including the HST and factoring in the HST rebate. This includes a $42,000 contingency allowance. This is a planned expenditure which falls within the 2015 and 2016 (pre- approved) capital budget funding envelope for this project. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS A public tender call was issued on November 13, 2015 and closed on December 2, 2015. Four (4) compliant tenders were submitted with the following results (including HST): 42 -3- COMPANY NAME TENDER PRICE* John Flood & Sons (1961) Ltd. $796,889.00 ICR General Contractors Limited $913,149.00 Castle Rock Construction Services Inc. $953,000.00 Edgeline Construction Ltd. $1,160,000.00 *Including HST Staff of Materials Management and Facilities Management have reviewed the tenders and have found them to be complete and formal in every regard. Staff believes that the low tenderer has the necessary resources and expertise to perform the work, and recommend acceptance of their tender. The above process is in accordance with the City's Procurement Policy and Materials Management support the recommendation being put forth. ATTACHMENTS Option 3 Concept Design 43 44 45 46 47 m m Q ' if ji'om COUNCIL REPORT M &C No. 2015 -255 Report Date November 09, 2015 Meeting Date December 07, 2015 Service Area Finance and Administrative Services His Worship Mayor Mel Norton and Members of Common Council SUBJECT: Risk Management Update OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner /Dept. Head City Manager Ian Fagan Kevin Fudge I Jeff Trail RECOMMENDATION Receive and file. EXECUTIVE SUMMARY This report is to provide an update on our Risk Management implementation, accomplishments and plans. We have two main goals; 1) reduce Cost of Risk by reducing the financial burden of uncertain future outcomes and 2) prevent loss incidents for all citizens to increase quality of life PREVIOUS RESOLUTION RESOLVED that as recommended by the Committee of the Whole, having met on August 12, 2013, Common Council adopt the following: 1. Change the name of the division from Insurance Department to Risk Management Division; 2. Create a Risk Manager position; 3. Change the title of Insurance and Claims Officer to Claims Officer; and, 4. Adopt the Risk Management Policy submitted with this report. STRATEGIC ALIGNMENT 50 sa Risk Management efforts are aimed at reducing uncertainty and controlling to cost of risk. These efforts help reduce our overall cost of service. REPORT Risk Management is the process involved with identifying, analyzing, and responding to risk. It includes maximizing the results of positive risks and minimizing the consequences of negative events A risk is ANYTHING that may affect the achievement of an organization's objectives. It is the UNCERTAINTY that surrounds future events and outcomes. It is the expression of the likelihood and impact of an event with the potential to influence the achievement of an organization's objectives. "The only alternative to risk management is crisis management - -- and crisis management is much more expensive, time consuming and embarrassing." James Lam, Enterprise Risk Management, Wiley Finance (D 2003 "Without good risk management practices, government cannot manage its resources effectively. Risk management means more than preparing for the worst; it also means taking advantage of opportunities to improve services or lower costs." Sheila Fraser, Auditor General of Canada With this implementation, we looked to adopt proactive risk strategies and the steps for risk management are followed. The primary objective is to avoid risk and to have a contingency plan in place to handle unavoidable risks in a controlled and effective manner. The process involves; 1) Identify possible risks; recognize what can go wrong. 2) Analyze each risk to estimate the probability that it will occur and the impact (i.e., damage) that it will do if it does occur. 3) Rank the risks by probability and impact. - Impact may be negligible, marginal, critical, and catastrophic 4) Develop a contingency plan to manage those risks having high probability and high impact. Following those steps we developed a Risk Registry and used that data to heat map our risk Exposures to help prioritize our actions as shown below. Below is our heat map of risk followed by our top ten risk exposures. 51 3- 52 Risk Percent 1. Water Main Breaks Likelihood Impact Factor Complete i (Category: Municipalities) 81 N/A 9 9 2. sewer backup Risk Percent Likelihood Impact Factor Complete (Category: Municipalities) 64 N/A 8 8 � 3. Water and Sewer Risks Risk Percent Likelihood Impact Factor Complete (Category: Municipalities) 56 0% 8 7 52 -4- 53 Risk Percent 4. Sidewalk Risks Likelihood Impact Factor Complete (Category: Municipalities) 49 0% 7 7 5. Municipal Risks [General] Risk Percent Likelihood Impact Factor Complete (Category: Municipalities) 45 0% 9 5 6. Municipal Errors and Risk Percent Likelihood Impact Omissions Factor Complete l (Category: Municipalities) 36 0% 4 9 Gd 7. Engineering - professional Risk Percent liability Factor Complete Likelihood Impact (Category: Municipalities) 36 N/A 4 9 Risk Percent 8. Emergency Likelihood Impact Factor Complete (Category: Business Continuity anning) Planning) 35 0% 5 7 79Business Disruption Risk Percent Likelihood Impact Factor Complete (Category: Business Continuity Planning) 35 0% 5 7 10. Disaster / EMO Risk Percent Likelihood Impact Factor Complete (Category: Municipalities) 32 N/A 4 8 53 WIE ANAI VCIC• What we are doing? Here are some highlights from Service Based Budgeting: • Managed over 400 claims per year • Contract review for Risk transfer where appropriate • Implementation of Risk Management Policy. • Launched on -line reporting of claims or incidents from Saintjohn.ca — under Risk Management section • 83 different events in one year booked using the Facility User Insurance Program, very successful, cost reduction for users and protection from liability for both user and the City. • Reduced claim payments by 37% (approximate number due to long -tail claims) • Direct input to revamp of several by -laws and in specific, the Water and Sewage by -law to give clarity on responsibility and liability. • Review of insurance needs for City A,B,C's • Boiler and Machinery inspection for all City of Saint John pressure vessels. • Recording all insurance certificates and provisions under contracts for record management. Future plans for risk management • Water by -law recommendation — responsibility from accidental leaks, currently costing us $60,000 to $80,000 a year in claims. • Private roads recommendation — council policy around scope of service and limit of liability. • Recommendations around Winter Management Plan to reduce liability risks • Help develop plan to enhance employee safety and facility security. • Review video surveillance policy from a Risk Management standpoint, ensure policy is being implemented throughout organization. • Review accident reporting process for possible repeal of council policy • Develop Business Continuity Plan • Complete RFP for emergency services relating to insurable losses for damages from fire, water, flood, vandalism etc... • Develop more information for public on Risk Management for saintjohn.ca, including some common claims and how to handle contractor issues • Handle some major cases with a view to cost management and possible revenue generation • P3- insurance review. SERVICE AND FINANCIAL OUTCOMES Premiums are at the same level as they were in 2010 and are not expected to rise but rather we are trying to reduce those premiums and costs even further. 54 sm We are currently saving over $300,000 a year from adopting our approach. The future is always uncertain and insurance market can change if we continue to have large scale disasters from events like droughts, floods, terrorist attacks or large scale weather events but we can best manage those uncertainties with our current Risk Management approach. Another key function is our claims avoidance through good Risk Management practices and advice given the other departments. We cannot know what losses would have occurred if RM advice had not been given and implemented but Risk Management is considered a best practice in both the public and private sectors. Insurance and Claims Approach Risk Management Approach Insurance premiums $1,396,000 $1,137,877 Claim Management fees $155,000 $0 Department costs $175,000 $275,000 Total costs $1,726,000 $1,412,877 Another key function is our claims avoidance through good Risk Management practices and advice given the other departments. We cannot know what losses would have occurred if RM advice had not been given and implemented but Risk Management is considered a best practice in both the public and private sectors. $450,000 $400,000 $350,000 $300,000 $250,000 $200,000 $150,000 $100,000 $50,000 $0 2010 2011 2012 2013 2014 2015 55 Claim numbers Claim costs 2010 408 $391,846 2011 430 $314,610 2012 367 $237,821 2013 423 $301,562 2014 419 $232,611 2015 515 $148,811 $450,000 $400,000 $350,000 $300,000 $250,000 $200,000 $150,000 $100,000 $50,000 $0 2010 2011 2012 2013 2014 2015 55 -7- INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS None ATTACHMENTS None 56 Q , ifjio K\ COUNCIL REPORT M &C No. 2015 -257 Report Date December 03, 2015 Meeting Date December 07, 2015 Service Area Legislative Services His Worship Mayor Mel Norton and Members of Common Council SUBJECT: Business Improvement Area budget OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner /Dept. Head City Manager Jonathan Taylor RECOMMENDATION That the letter from Uptown Saint John Inc. submitting the proposed 2016 budget for the Business Improvement Area be accepted; and further, that advertising be authorized with a date set for Council to consider approving the said budget at the regular Council meeting scheduled for January 11, 2016. EXECUTIVE SUMMARY The draft 2016 Business Improvement Area budget has been submitted by Uptown Saint John, which proposes a stable rate of 16 cents for each one hundred dollars of assessed value. The budget requires Council approval and a Business Improvement Area by -law amendment in order to impose the levy. PREVIOUS RESOLUTION N/A STRATEGIC ALIGNMENT N/A REPORT The City of Saint John has a Business Improvement Area (BIA) in accordance with the Business Improvement Areas Act. The City's Business Improvement Act by- law describes the specific boundaries of the BIA and the rate paid by the 57 -2- businesses within the area. The 2015 rate was set at 16 cents for each one hundred dollars of assessed value. Uptown Saint John has submitted the 2016 proposed budget for the Business Improvement Area (BIA), which was approved by the membership at its annual budget meeting held November 27, 2015. The proposed levy to be imposed on non - residential property within the designated business improvement area for the year 2016 is 16 cents for each one hundred dollars of assessed value. The BIA Act requires that Council shall not approve a budget unless it gives notice, published at least once weekly for two weeks in a newspaper, disclosing: • Its intention to approve the budget • The extent of the levy needed to implement the budget, and • The period during which objections may be made Pursuant to the BIA Act, the proposed budget shall not be approved if written objections are filed with the Common Clerk by one -third or more of all non- residential users, or by non - residential users who would together be liable to pay one -third or more of the amount to be raised by a levy. The objections must be submitted to the Clerk in writing not later than fifteen days after the last publication of the newspaper notice. It is recommended that Council consider approving the budget for the designated BIA area at the regular Council meeting scheduled for January 11, 2016. Subsequent to approval of the budget, an amendment to the Business Improvement Area By -Law will be required. SERVICE AND FINANCIAL OUTCOMES N/A INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS N/A ATTACHMENTS Letter from Uptown Saint John Proposed 2016 budget Budget Membership Meeting Minutes BIA By -Law & amendment r�q UPT�VN s a i n t j o h n me qe November 27, 2015 Mayor and Councillors City of Saint John PO Box 1971 Saint John, New Brunswick E21- 41-1 Your Worship and Councillors; On behalf of the Board of Directors of Uptown Saint John Inc., please find attached a copy of our 2016 Budget, which was approved by the Membership at the Annual Budget Meeting held on Friday, November 27, 2015 at 17 Canterbury Street, Suite 180. This meeting was advertised and conducted in accordance with the Business Improvement Areas Act of New Brunswick. Regards, Nancy Tissington Executive Director 506 633 1426 •1 UPT64-)W-..N Business Improvement Area Levy Year 2016 s a i n t j o h n 1�ale qe Revenue Special BIA Levy 421,050.00 Expenses Operations 285,200.00 The BIA Levy for 2016 will continue to be a fixed rate of 0.16 Beautification 23,200.00 Clean & Safe 4,000.00 Marketing & Communications 87,650.00 Urban Design & Development 21,000.00 421,050.00 TOTAL 421,050.00 Report prepared by Nancy Tissington 61 U PT4" " WN s a l n t j Q h n BUSINESS IMPROVEMENT ASSOCIATION Budget Membership Meeting November 27, 2015 Attendees: Chris Boudreau Nancy Tissington Morgan Lanigan Anne McShane Kevin Loughery Cathy Hutchinson Paul Moore Tracy Hanson Nancy noted that our budget is based on last year's assessment figures and that once the final number came in from the province tax roll that any additional funds would be allocated to marketing initiatives. There was a roundtable discussion whereby the Executive Director shared the 5 pillars of the organization and the allocation of the funds for 2016. Advocacy Beautification Clean & Safe Street Marketing & Communications Urban Design & Development Motion to accept the proposed budget for 2016 made by Cathy Hutchinson, seconded by Morgan Lanigan. The meeting was adjourned at 9:20am 62 BY -LAW NUMBER BIA -1 BUSINESS IMPROVEMENT AREA BY -LAW Be it enacted by the Common Council of The City of Saint John as follows: 1 The area bounded by the following streets is hereby designated as a Business Improvement Area under the Business Improvement Areas Act, namely, the northern side of Union Street from the Water to George Street, along the rear of those lots that are situated along the north side of Union to Sydney Streets, along the western side of Sydney Street to Princess Street, along the northern side of Princess Street to the water; the properties located on the south side of Princess Street, from Water Street to Sydney Street, having civic numbers 42, 46 -54, 76, 80, 86, 94, 100 -102, 108 -11.2, 116, 136, 156 and 162 Princess Street and 139 Germain Street; and the north side of Union Street from George Street to Smythe Street, known as the Union /George Street Parking Lot and the Union/Smythe Street Parking Lot; and the following properties: Property Address NBGIC Number g,,vr 1 ; ARRETE No BIA -1 ARRETE CONCERNANT LA ZONE D'AMELIORATION DES AFFAIRES Le conseil communal de The City of Saint John 6dicte : 1 La zone d6limitee par les rues suivantes est par les pr6sentes d6sign6e comme zone d'am6lioration des affaires en vertu de la Loi sur les zones d' amelioration des affaires, a savoir le c6t6 nord de la rue Union, de l'eau jusqu'a 1a rue George, le long du fond des lots situ6s le long du c6t6 nord de la rue Union jusqu'a la rue Sydney, le long du c6t6 ouest de la rue Sydney jusqu'a la rue Princess, le long du c6t6 nord de la rue Princess jusqu'a 1'eau; les terrains situ6s du e6t6 sud de la rue Princess, de la rue Water jusqu'a la rue Sydney, portant les num6ros municipaux 42, 46 -54, 76, 80, 86, 94, 100- 102, 108-112, 116, 136, 156 et 162, rue Princess et 139, rue Germain; et le c6t& nord de la rue Union, de la rue George jusqu'a la rue Smythe, soit le terrain de stationnement des rues Union /George et le terrain de stationnement des rues Union/Smythe; ainsi que les terrains suivants : Adresse de voirie Num6ro de la CIGNB 154 Princess Street 01625340 154, rue Princess 01625340 148 Princess Street 01625332 148, rue Princess 01625332 142 Princess Street 01625324 142, rue Princess 01625324 138 Princess Street 01625316 138, rue Princess 01625316 134 Princess Street 01625293 134, rue Princess 01625293 130 Princess Street 01625285 130, rue Princess 01625285 80 Charlotte Street 01625277 80, rue Charlotte 01625277 143 Charlotte Street 01625269 143, rue Charlotte 01625269 87 Canterbury Street 01628225 87; rue Canterbury 01628225 93 Canterbury Street 01624360 93, rue Canterbury 01624360 162 Prince William Street 01628233 162, rue Prince William 01628233 160 Prince William Street 01628241 160, rue Prince William 01628241 154 Prince William Street 01628259 154, rue. Prince William 01628259 122 Prince William Street 01628275 122, rue Prince William 01628275 120 Prince William Street 01658898 120, rue Prince William 01658898 114 Prince William Street 01628283 114, rue Prince William 01628283 130 Prince William Street 01628267 130, rue Prince William 01628267 177 Prince William Street 01624394 177, rue Prince William 01624394 167 Prince William Street 01628534 167, rue Prince William 01628534 133 Prince William Street 01628500 133, rue Prince William 01628500 127 Prince William Street 01628495 127, rue Prince William 01628495 119 Prince William Street 01628487 119, rue Prince William 01628487 113 Prince William Street 01628479 113, rue Prince William 01628479 100 Water Street 01628550 100, rue Water 01628550 106 Water Street 01628542 106, rue Water 01628542 t10 Water Street 01624409 110, rue Water 01624409 and the following properties located on both sides ainsi que les terrains suivants situes des deux c6tes de la of Smythe Street between Union Street and Station rue Smythe, entre la rue Union et la rue Station Street: Property Owner NBGIC Number Saint John Port Corporation 55011902 Saint John Port Corporation 00426197 City of Saint John 40147 City of Saint John 38976 City of Saint John 38984 Power Commission of Saint John 55008767 Power Commission of Saint John 55031561 Propri6taire Num6ro de la CIGNB Soci6t6 du Port de Saint John 55011902 Soci&6 du Port de Saint John 00426197 City of Saint John 40147 City of Saint John 38976 City of Saint John 38984 Power Commission of Saint John 55008767 Power Commission of Saint John 55031561 6�3 - all as shown on the plan attached hereto as - le tout illustre sur le plan ci joint en tant qu'annexe A, Schedule "A " and forming part of this by -law. qui fait partie du present arrete. 2 A by -law of The City of Saint John enacted on the seventeenth day of December, 1984 entitled "By -law Number B -102 Business Improvement Area By-Law", and all amendments thereto is repealed on the coming into force of this by -law. IN WITNESS WHEREOF The City of Saint John has caused the Common Seal of the said City to be affixed to this by -law the 5 "' day of January, A.D. 2004 and signed by: yor 6iMai,, Com14 Cler First Reading - December 8, 2003 Second Reading January 5, 2004 Third Reading January 5, 2004 2 L'arrete de The City of Saint John edicte le 17 decembre 1984 et intitule By -law Number B -102 Business Improvement Area By -Law, ensemble ses modifications, est abroge des I'entree en vigueur du present arrete. EN FOI DE QUOI, The City of Saint John a fait apposer son secau communal sur le present arraO le 5 janvier 2004, avec les signatures suivantes : k/ Greffier communal Premiere lecture : le 8 decembre 2003 Deuxieme lecture : - le 5 janvier 2004 Troisieme lecture : le 5 janvier 2004 M CD Ln r) (D ET N 0 D (D CL cli 0 CL rD U) • • 65 0 65 A LAW TO AMEND BY -LAW NUMBER BIA -2 BUSINESS IMPROVEMENT LEVY BY -LAW ARRETE MODIFIANT ARRETE N° BIA -2 ARRETE CONCERNANT LA CONTRIBUTION POUR L'AMELIORATION DES AFFAIRES Be it enacted by the Common Council of Le conseil communal de The City of Saint the City of Saint John as follows: John d &cr &te cc qui suit: The Business Improvement Levy By -Law of The City of Saint John enacted on the third day of January, 2006, is amended by: L'arret& concernant la contribution pour Pam &lioration des affaires de The City of Saint John decrete le 3 janvier 2006 et modifi& par: 1 Repealing section 2 thereof and 1 L'abrogation de Particle 2 aux inserting the following: pr &sentes et 1'ajout du texte qui suit : 2 A levy of 16 cents for each one hundred dollars of assessed value is hereby imposed for 2015 upon non- residential property within the Business Improvement Area established by By -Law No. BIA -1 Business Improvement Area By -Law enacted on the 5"' day of January, 2004. 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 19th day of January, A.D. 2015 and signed by: Mayor /Maire 2 Par la pr &sente, une contribution de 16 cents par tranche de cent dollars par rapport a la valeur fix &e est impos &e pour Pann &e 2015 sur les immeubles non r&sidentiels situ &s a l'int &rieur de la zone d'am &lioration des affaires &tablie en vertu de 1'Arr &t6 n° BIA -1 relatif a la zone d'am &lioration des affaires edict& le 5 janvier 2004. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le pr &sent arr &t& le 19 janvier 2015, avec les signatures suivantes : Common Clerk/Greffier communal First Reading - January 5, 2015 Premiere lecture - Second Reading - January 5, 2015 Deuxi &me lecture - Third Reading - January 19, 2015 Troisi &me lecture - .. le 5 janvier 2015 le 5 janvier 2015 le 19 janvier 2015 f ME- IOWOR a Lake Road Municipal Plan Amendment, Rezoning & Variance F ?�. The City of Saint John r Community Planning & Development Growth & Community Development Services �A Little River Reservoir Beach HICKEY R1 ti C) xO, LATIA40,�E LA KE D F?RD \ L� EP M1. 1 _ '~ E T U T E e I LE EE - -7E Lm F- - E T E T� . E I T1 PI • v -�A- Sx �f '4c � �r'L1'' � y � $,,, °f. i t.: 'S X �� 8 ;a% EA TO 8E - REZONED Pa lb f .4 r _ ' + E Ill TE T r h.. site - plan �f � k rt S` - F } 1i�t .r lr 7X. 9:G ! 7 � J 4 �5 1' n 1 s k r 1" d � I r I I II I r. VON 71 site to ?, Ilk- S, lS, 4 I. 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Park and Park and Natural Area Rural -�17f \N Ri F'esideirtial 'Resin Rural R'_esource Park- and Natural Rural, Area ReASourc e ` aird Nata l , Area D!!FC e \ 1 Rural Park and Natural Area Parr and Natural Area ra Lac BwBer Lake 5.21 ha area to be redesignated from Park and Natural Area to Rural Resource 1.48 ha area to be redesignated from Park and Natural Area to Rural Resource ; -7wsource , Rurf Resource rural ` -- -Z--- Reside" tial,.-O Rural �\ idential -' - - -F Resource Park ande'° Natural Area � r Map 9 - Municipal Plan Amendment: Staff Recommendation Hughes Surveys & Consultants Inc. 655 & 765 Latimore Lake Road rMl Park and Nay 1°1 rt Ar- ' Ressiderrtia�l Rural 4 , Resource \\ Park and f Natural Area rral Rural ten tie] Resource The City of Saint Sohn Date: November -10 -15 0 30.0 M Rural 4 , t E Res Bit rce Pars' and Parkland and Natural Natural' Natural NatuFal Area Area Area d� Rural' ty Residerrtral 5.21 ha area to be redesignated from Park and Natural Area to Rural Resource 1.48 ha area to be redesignated from Park and Natural Area to Rural Resource ; -7wsource , Rurf Resource rural ` -- -Z--- Reside" tial,.-O Rural �\ idential -' - - -F Resource Park ande'° Natural Area � r Map 9 - Municipal Plan Amendment: Staff Recommendation Hughes Surveys & Consultants Inc. 655 & 765 Latimore Lake Road rMl Park and Nay 1°1 rt Ar- ' Ressiderrtia�l Rural 4 , Resource \\ Park and f Natural Area rral Rural ten tie] Resource The City of Saint Sohn Date: November -10 -15 0 30.0 M R r�R% R Ru R RR" RR-- RR CFN 5136 ha area to be rezoned A-- Rural .'RU) to ::'Its and Quarries iPc A--- Pa\ us 30 rn buffer along Property Line with PID 003271061 4.5 ha area to remain P zoned Rural (FZL)) 30 al buffer along Property Line with RID 003271061 ,RR rylininium Setback to be the greater of 30 metres from the property li ne of P I D 00 327 106 io () r m fro the boundary of the Rural (RU) zone remaining around t h e &, etland. I KK AECA K je t11- PQ PO RR PQ 3 R tU IiR u S —R6R R R\ RR{ RU N�RU RR U 7-1 \111 Ffu��R RU I RR RU I . I - NR U (C F N) Neighbourhood Community Facility ( R R) Rura I Residential (CRG) Rural General Commercial (US) Utility Service (P) Park (PQ) Pit& Quarry (RU) Rural Map 10, - Rezoning: Staff RecoXnmendation Hughes Surveys & Consultants Inc. 655 & 765 Latimore Lake Road jo RR 7ZR RR RR. RU , R66R �R Section 39 Conditions The City of Saint John • CID Date-- November-13-15 0 15D M 1 40, • Plan Amendment and Rezoning - reduced area • Section 39 condition limiting access • Variance - excavate to wetland setback Community Planning &Development Growth &Community Development Services PLANNING ADVISOR' COMMITTEE November 18, 2015 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: Municipal Plan Amendment and Rezoning 655 and 765 Latimore Lake Road .x� The City of Saint John On September 28, 2015 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its November 17, 2015 meeting. Mr. Rick Turner of Hughes Surveys and Consultants, representing the applicant Lafarge Canada, appeared before the committee and indicated he was in agreement with Staff recommendation. Mr. Turner gave a PowerPoint presentation summarizing information provided at the Community Open House held on July 2, 2015 at the Latimore Lake Community Centre. Mr. Turner indicated the applicant does not intend to disturb or undertake any aggregate extraction in the wetland area. With regards to the encroachment of the excavated area in the western portion of the site, Mr. Turner indicated that once the operator was made aware of the encroachment, the boundary of the existing Pit and Quarry (PQ) zone was established on site and no additional excavation was undertaken in the area that did not have the proper zoning. Mr. Turner responded to questions from the Committee relating to the number of employees at Lafarge's operations in the City and questions related to the wetland area at the subject site. The Committee discussed the addition of a condition on the rezoning requiring the issuance of a Watercourse and Wetland Alteration Permit prior to the completion of the rezoning. Staff suggested that the condition require the applicant to provide Staff with a copy of the permit issued by the Province at the time the applicant applies for the required Excavation Permit. Mr. Turner noted there is a large amount of land that can be excavated without affecting the Page 1 of 3 84 Hughes Surveys and Consultants 655 & 765 Latimore Lake Road November 18, 2015 watercourse or wetland and they have engaged the Provincial Department of Environment regarding the necessary Watercourse and Wetland Alteration Permits. Key items being discussed include technical issues related to the proposed culvert design for the watercourse crossing. Rod Price, Land Manager - Eastern / Northern Ontario at Lafarge, appeared before the committee and indicated they would be willing to abide by a condition requiring them to not undertake any excavation within 100 metres of the wetland boundary until such time until the necessary Watercourse and Wetland Alteration Permits are issued by the Province. The Committee was satisfied that the permitting process for the required Provincial environmental permits was underway and was agreeable to the condition suggested by Mr. Price. No other persons appeared before the Committee regarding the application and no letters were received regarding the application. After considering the report and information provided by the applicant, the Committee adopted an amended staff recommendation to approve the application which incorporated the condition suggested by Mr. Price. The Committee also approved a variance to reduce the setback between a Pit and Quarry (PQ) zone and other zone from 30 metres to nil for the portion of the wetland located on PIDs 55068738 and 00324905 that is zoned Rural (RU), subject to the condition that the pit be located no closer than 30 metres to the adjacent lot line with PID 00327106. RECOMMENDATION: That Common Council not approve the proposed Municipal Plan Amendment and Rezoning as requested by the applicant. 2. That Common Council redesignate, on Schedule A of the Municipal Development Plan, parcels of land with an area of approximately 6.69 hectares, located at 655 and 765 Latimore Lake Road, also identified as being portions of PID Nos. 55068738 and 00324905, from Park and Natural Area to Rural Resource Area 3. That Common Council redesignate, on Schedule B of the Municipal Development Plan, the same parcels of land, from Park and Natural Areas to Rural Resource; Page 2 of 3 85 Hughes Surveys and Consultants 655 & 765 Latimore Lake Road November 18, 2015 4. That Common Council rezone a portion of the properties located at 655 and 765 Latimore Lake Road, also identified as PID Nos. 55068738 and 00324905, having an area of approximately 51.36 hectares, from Rural (RU) to Pit and Quarry (PQ); 5. That, pursuant to Section 39 of the Community Planning Act, the development and use of the parcel of land with an area of approximately 51.36 hectares, located at 655 and 765 Latimore Lake Road, also identified as PID Nos. 55068738 and 00324905, shall be subject to the following conditions: a) that the access to the rezoned area from Latimore Lake Road be limited to the existing access developed on PID 55149256; and b) that no excavation occur within 100 metres of the wetland boundary until such time until the necessary Watercourse and Wetland Alteration Permits are issued by the Province. Respectfully submitted, Eric Falkjar Chair Attachments Page 3 of 3 86 j wv, t The City of Saint john Date: To: From: For: SUBJECT Applicant: November 13, 2015 Planning Advisory Committee Community Planning & Development Growth & Community Development Services Meeting of Tuesday, November 17, 2015 Hughes Surveys and Consultants on behalf of Lafarge Canada Inc. Owner: Lafarge Canada Inc. Location: 655 & 765 Latimore Lake Road 55068738 and 00324905 Existing Plan Designation: Park and Natural Areas and Rural Resource Proposed Plan Designation: Rural Resource (Proposed) Existing Zoning: Rural (RU) Proposed Zoning: Pit and Quarry (PQ) Application Type: Municipal Plan Amendment and Rezoning and variance to reduce the setback between a Pit and Quarry (PQ) zone and other zone from 30 metres to nil Jurisdiction: The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed amendments to the Municipal Development Plan and Zoning By -law. The Committee recommendation will be 87 Page 1 of 9 Hughes Surveys and Consultants Inc. 655 & 765 Latimore Lake Road November 13, 2015 considered by Common Council at a public hearing on Monday, December 7, 2015. 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 Municipal Plan Amendment and Rezoning to allow for the expansion of an existing aggregate pit. Approval of the application, with a smaller area than has been requested by the applicant, is recommended. The reduced area accounts for portions of a Provincially Regulated Wetland that fall on the subject site. Staff also recommend a Section 39 condition limiting the access to the site from Latimore Lake Road to the existing site access. Approval of the variance is also recommended subject to the condition that the pit be located no closer than 30 metres to the adjacent lot line with PID 00327106. Staff have reviewed their recommendation with the applicant and they are of the understanding that they are generally in agreement. RECOMMENDATION That Common Council not approve the proposed Municipal Plan Amendment and Rezoning as requested by the applicant. 2. That Common Council redesignate, on Schedule A of the Municipal Development Plan, parcels of land with an area of approximately 6.69 hectares, located at 655 and 765 Latimore Lake Road, also identified as being portions of PID Nos. 55068738 and 00324905, from Park and Natural Area to Rural Resource Area 3. That Common Council redesignate, on Schedule B of the Municipal Development Plan, the same parcels of land, from Park and Natural Areas to Rural Resource; 4. That Common Council rezone a portion of the properties located at 655 and 765 Latimore Lake Road, also identified as PID Nos. 55068738 and 00324905, having an area of approximately 51.36 hectares, from Rural (RU) to Pit and Quarry (PQ); 5. That, pursuant to Section 39 of the Community Planning Act, the development and use of the parcel of land with an area of approximately 51.36 hectares, located at 655 and 765 Latimore Lake Road, also identified as PID Nos. 55068738 and 00324905, shall be subject to the condition that the access to the rezoned area from Latimore Lake Road be limited to the existing access developed on PID 55149256. 88 Page 2 of 9 Surveys and Consultants Inc. 655 & 765 Latimore Lake Road November 13, 2015 6. That the Planning Advisory Committee approve a variance to reduce the setback between a Pit and Quarry (PQ) zone and other zone from 30 metres to nil for the portion of the wetland located on PIDs 55068738 and 00324905 that is zoned Rural (RU), subject to the condition that the pit be located no closer than 30 metres to the adjacent lot line with PID 00327106. DECISION HISTORY In late 1990 an application was filed, by a previous owner, for a Municipal Plan Amendment and rezoning to permit aggregate extraction on the subject properties and to allow for the establishment of an asphalt plant and concrete ready mix plant. Consistent with the staff and Planning Advisory Committee recommendations, the application was denied by Common Council. A 1999 application to rezone a 20 metre wide right -of -way through the subject site to allow for the construction of a new access road to the existing aggregate extraction operation was submitted and later withdrawn by the applicant. ANALYSIS Proposal The applicant is proposing to amend the Municipal Plan designation on a portion of the site and rezone the entire site to allow for the expansion of the existing aggregate extraction operation. The plan amendment and rezoning would allow for the existing operation that is located on the parcel to the east of the site to expand onto the two parcels that are the subject of the application. This will provide for an additional volume of aggregate to be extracted. Based on plans provided by the applicant, the general intent is to remove aggregate from the central and southern portion of the area to be rezoned with the potential to extract additional aggregate in the northern portion of the area in the future. Aggregate extraction has encroached onto one of the properties that are the subject of the application with a 1.45 hectare area excavated by the applicant. Site and Neighbourhood The subject site has an area of approximately 56 hectares and is bounded to the east by the applicant's existing aggregate extraction operation, to the south by Latimore Lake Road and privately owned land, private land holdings to the west and City owned land to the north. The site is largely treed with a watercourse running through the central and northern portions of the site and a Provincially Regulated Wetland located in the south western portion of the site. The surrounding neighbourhood consists of a mix of residential development, undeveloped rural land and existing aggregate operations. A number of private dwellings are located along 89 Page 3 of 9 hes Surveys and Consultants Inc. 655 & 765 Latimore Lake Road November 13, 2015 Latimore Lake Road and are zoned Rural Residential (RR) along with a manufactured housing development located southeast of the site. Two institutional land uses are located in proximity to the site: the Latimore Lake Community Centre located south of the site along Latimore Lake Road which is zoned Neighbourhood Community Facility (CFN) and a cemetery located southeast of the site which is zoned Park (P). Large tracts of vacant land in the area are zoned Rural (RU) with three areas of land zoned Pit and Quarry (PQ). Municipal Plan and Rezoning Two aspects of the application involve the policy framework established in the Municipal Plan: • the redesignation of a portion of the site from Park and Natural Area to Rural Resource on the City's Generalized Future Land Use mapping; and • the rezoning of the entire site from Rural (RU) to Pit and Quarry (PQ). The requested Municipal Plan Amendment would redesignate three portions of the site, totalling approximately 8.3 hectares, from Park and Natural Area to Rural Resource as follows: • a 5.2 hectare area along a watercourse in the northern portion of the site; • a 1.6 hectare area associated with a wetland along the western boundary of the site; and • a 1.5 hectare area along a watercourse in the southern portion of the site, adjacent to Latimore Lake Road. The requested Municipal Plan amendment was also reviewed against policy LU -4 of the Municipal Plan which provides a policy context to evaluate proposals to amend the Plan. Based on this review, the proposal is consistent with the general intent of the Municipal Plan as the subject area of the application is largely designated Rural Resource and has demonstrated aggregate resources. Negative impacts on adjacent lands and neighbourhoods are not anticipated given the buffer areas that will exist between the aggregate extraction operation and area residences. Environmental impacts can be addressed to some extent through the Provincial permitting process for wetland and watercourse alterations. Rural Resource areas are lands intended to facilitate resource based activities such as forestry, agriculture and aggregate extraction. Lands designated Park and Natural Areas include wetland areas and lands adjacent to watercourses. Policy LU -100 of the Plan provides for the consideration of requests to redesignate lands from Park and Natural Area to Rural Resource Area provided: • the land does not contain environmentally significant features; • the potential for resource related use has been demonstrated; and • environmental and /or community quality of life impacts of the proposal can be mitigated to a level deemed acceptable by Council. 90 Page 4 of 9 Hughes Surveys and Consultants Inc. 655 & 765 Latimore Lake Road November 13, 2015 The potential for resource use on the site has been demonstrated given the presence of aggregate extraction activities in the general area of the site and immediately adjacent to the site. This area of the City was also identified as an area of potential aggregate resources in the Aggregate Resource Strategy completed by the City in 1994. In this particular case, the following considerations mitigate the impacts of the proposed aggregate extraction activity: Any activity within 30 metres of the edge of the wetland and /or the shoulder of the bank of a watercourse requires review by the Province and issuance of a Watercourse and Wetland Alteration Permit from the Department of Environment in accordance with the Watercourse and Wetland Alteration Regulation - Clean Water Act. Plans provided by the applicant indicate that the 30 metre buffer around the wetland will be respected and that a treed buffer will be maintained along the watercourse, with the exception of a road and culvert crossing in the northern portion of the site. • The location of the southern watercourse is within the required 150 metre buffer between a residentially zoned property and the limit of the excavation. As a result, this area is required to remain undisturbed, providing a buffer that exceeds the 30 metre Provincial setback requirements. • No significant environmental features such as species at risk have been identified in the area. Given the above considerations, Staff support the requested change in Municipal Plan designation from Park and Natural Area to Rural Resource for the two watercourse areas. However, Staff have concerns regarding the request to redesignate the area associated with the wetland given its size and its configuration. The wetland area, excluding the legislated 30 metre buffer, has a total area of approximately 9 hectares, with the majority of the wetland (7.5 hectares) located on the adjacent property to the west. As part of the application review process, Staff circulated the application to the Provincial Department of the Environment who noted an Environmental Impact Assessment may be required given the overall size of the wetland. This is due to the overall size of the wetland being over 2 hectares and plans provided by the applicant detailing work that would occur within 30 metres of the wetland such as the disturbance of soil and the placement of posts and fencing. While the wetland area is subject to Provincial Regulation, Staff see no benefit in redesignating or rezoning this area as it is of limited use for aggregate extraction given Provincial regulations and may possibly trigger an Environmental Impact Assessment based on the proposal provided by the applicant. Policy LU -96 of the Municipal Plan provides key criteria for assessing rezoning applications involving the establishment of new aggregate extraction operations including: compatibility with and/or minimal impact on existing adjacent land uses; appropriateness of the location and acceptable hours of operation; 91 Page 5 of 9 Hughes Surveys and Consultants Inc. 655 & 765 Latimore Lake Road November 13, 2015 • stormwater management; • measures which will assist in the control of smoke, dust, odour, toxic materials, vibration and noise; • visual screening, landscaping and setback, yard, and separation distances from adjacent land uses; and • site access. Information provided by the applicant has been reviewed against the criteria provided in Policy LU -96 and the proposal is in accordance with the policy. The location of the proposed site is appropriate given its location adjacent to an existing aggregate extraction operation and in an area of identified aggregate resources. In addition, the proposal will have minimal impact to the residential, rural and institutional land uses surrounding the site given the required setbacks in the Pit and Quarry (PQ) zone and the location of the wetland. These setback areas will incorporate existing natural vegetation which will mitigate the visual and noise impacts of the aggregate operation. Use of the existing site access will also minimize impacts on land uses in surrounding area. Also, the development as proposed meets the required setbacks from adjacent land uses and property lines outlined in the Pit and Quarry (PQ) zone. Plans provided by the applicant also show the proposed location of two stormwater ponds to manage drainage from the expanded excavation area. The specific location and configuration of these ponds and their relationship to the existing stormwater management ponds on site can be reviewed at the Excavation Permit stage. Staff have also reviewed the application with respect to the standards of the Pit and Quarry (PQ) zone, and the requirements of the zone are met based on the information provided in the application. As an expansion of an existing aggregate operation is being proposed as a result of the application, the applicant will be required to submit updated plans in accordance with the requirements of the Pit and Quarry (PQ) zone when application is made for the next excavation permit in 2016 should the Municipal Plan Amendment and rezoning application be approved. The Pit and Quarry (PQ) zone now limits the actively excavated area of a pit to 5 hectares. This excavated area does not include areas related to accessory or secondary uses such as equipment storage, processing or crushing. With respect to this application, any new excavation on the properties to be rezoned (PIDs 55068738 and 00324905) will be subject to the section of the Zoning By -Law which requires progressive rehabilitation of the site properties through the 5 hectare limit. The 5 hectare limitation does not apply to the existing pit (PID 00333526) which has an area of ground disturbance of approximately 16.5 hectares. This area cannot increase and is capped at this size, meaning that if the applicant wishes to excavate any additional areas on PID 00333526, an equal area of the property will have to be rehabilitated. 92 Page 6 of 9 Hughes Surveys and Consultants Inc. 655 & 765 Latimore Lake Road November 13, 2015 Staff recommend rezoning the entire area of PIDs 55068738 and 00324905 from Rural (RU) to Pit and Quarry (PQ) with the exception of a 4.5 hectare area along the western portion of the site which includes the wetland area and associated 30 metre buffer. Staff recommend that a Section 39 condition be imposed on the rezoning limiting access to Latimore Lake Road be limited to the existing access developed on PID 55149256. This access is paved and incorporates visual screening between the access and the adjacent residential use. Variance Staff are recommending approval of a variance that would allow for the pit to be located within 0 metres of the 30 metre wetland setback. As the wetland area and associated 30 metre buffer is proposed to remain zoned Rural (RU), the Zoning By -law requires that the pit be located no closer than 30 metres from the boundary of the Rural (RU) zone. The intent of this requirement is to provide a buffer between the aggregate pit and adjacent properties that are not zoned Pit and Quarry (PQ). In this instance the wetland area and wetland buffer will generally provide a separation from the adjacent property to the west that exceeds the 30 metre requirement of the Zoning By -law, therefore staff can support the variance to allow the pit to be located adjacent to the wetland buffer. In addition, the required 30 metre Provincial wetland setback will exist between the pit and the edge of the wetland. Staff recommend that a condition be imposed on the variance that requires the pit be located no closer than 30 metres to the adjacent lot line with PID 00327106. This will account for the fact that in some areas along the western property boundary of the site, the depth of the combined wetland and wetland buffer is less than 30 metres. Conclusion The applicant is seeking to amend the Municipal Plan and rezone the subject site in order to facilitate the expansion of the existing gravel pit. Staff are recommending approval of the Municipal Plan amendment and rezoning for an area of the site that is smaller than that requested by the applicant. The area has been reduced to account for portions of a Provincially Regulated Wetland on the subject site. The proposed rezoning, with the exception of the wetland area, meets the intent of the Municipal Plan with respect to the development of pits and quarries and Rural Resource designation. A Section 39 condition to limit access to the site from Latimore Lake Road to the existing site access is recommended. This limitation on the site access will reduce the potential for land use impacts on the adjacent neighbourhood. 93 Page 7 of 9 Hughes Surveys and Consultants Inc. 655 & 765 Latimore Lake Road November 13, 2015 Approval of a variance to allow for the pit to be located adjacent to the wetland buffer is recommended subject to a condition requiring the pit to be located a minimum of 30 metres from the western property line of the site. ALTERNATIVES AND OTHER CONSIDERATIONS The Committee may choose to approve the Municipal Plan amendment and rezoning of the site as requested by the applicant, should they be of the opinion the required Provincial regulation is adequate. ENGAGEMENT Proponent The proponent held a meeting for area residents on July 2, 2015 at the Latimore Lake Community Centre. Public In accordance with the Committee's Rules of Procedure, notification of the proposal was sent to landowners within 100 metres of the subject property on November 2, 2015. The public hearing for the rezoning was advertised in the Telegraph - Journal on November 12, 2015 and will be advertised on December 1, 2015. The Municipal Plan Amendment was advertised in the Telegraph - Journal on August 4, 2015. SIGNATURES AND CONTACT Prepared by: YJ d Mark Reade, P.Eng., MCIP, RPP Senior Planner Contact: Mark Reade Phone: 506.674.4238 E -mail: mark. reade @saintjohn.ca Project: 15 -132 Approved by: 1 Jacqueline Hamilton, MURP, MCIP, RPP Commissioner 94 Page 8 of 9 Hughes Surveys and Consultants Inc. 655 & 765 Latimore Lake Road November 13, 2015 APPENDIX Map 1: Site Location Map 2: Municipal Plan Map 3: Zoning Map 4: Aerial Photography Map 5: Site Photography Map 6: Development Constraints Map 7: Topography Map 8: Excavated Area and Encroachment Map 9: Municipal Plan Amendment - Staff Recommendation Map 10: Rezoning - Staff Recommendation Submission 1: Site Plan Submission 2: Rehabilitation Plan — Existing Pit Submission 3: Rehabilitation Plan — Combined Pit 95 Page 9 of 9 NpF2RIS RD y �b'LI d 2� o- o p, Z lop- 0010, o5-( �PPS O �'� GV2ga AV VEY RD C) FOR d O� QJ �v EtDE� O N\GO�OQ- 2 6R �s YO) Calk 7& M. �Pd O� P05 � G� 0 w Y U �1O �1O MGV JGV NOVA FO 9 e C E 0 o C � m N U O N Q C) 0o N � N H cu 0 cv OC c� J N L R Cfl r- ca Ln O ate. � 0 ■ V M N 0 N c o) 4=# U I 06 N i CL N N a� Ct Ek iJ u e H c i 41 a� � (t +4MM�.yyyyL a: C LO E at ata V' C � T .i y0 O � I \G°o-E a) ari Yg w. t& aq ar. • a0- m _ r4 -(brll UU) o 6 a� ai �o 2 ca �. t z as OF'' �P ��O O lv PS��O G\ggoN AV � V�Y Ft0 at CK alt L � 4 alt r � u H c i 41 a� � � � V a: C LO E at ata V' C � T fa y0 O � I \G°o-E a) Yg ft t& aq a0- a) UU) o a� ai �o ca �. al+ o ra a� a� AoO�A' ay �: It r � u� � Q ILI r�: ddyJ "�/M � a; 5 97 u H c i 41 V � H � � � V a: C LO E at ata V' C � T fa � I a) 10 O G t& aq a0- a) UU) o a� ai �o ca �. al+ o ra u� � Q ILI r�: ddyJ "�/M � a; 5 97 0 w Y � U tr 'sr . z H c i 41 V � H � � � V a: C LO E at ata V' C � T fa 0 w Y � U tr 'sr . z r, c a� G° a` C LO E at O R �n V' ►,c � T fa � I a) 10 O G t& aq a0- a) UU) o a� ai �o au Lt; � 4e ,a cu O CD Y cct J L O E *.a LOt� J Co 06 LO LO Li C a co 3 Ls. rn O � U LL N L y a (N Cf) M' 2 z a� at fa G t& aq ,a cu O CD Y cct J L O E *.a LOt� J Co 06 LO LO Li C a co 3 Ls. rn O � U LL N L y a (N Cf) M' 2 ER mM 70 d, F- a.*] -0 0 c) 0') C: LO E 0 - 0 U) @2 C, 0 CL) a) U) C) U) LL 0 'E L) :3 E LO w r- V. 06 LO LO U) LL 0 'E L) :3 E 0% %,J 06 > CD v Cl) z Z LL 1 = ♦t �f Z gg a b Or oc, t• l; � " k ,� � a art' c i� 1 47r e-- co ° N:7 IN- LO LU cu Lo LO a �♦ . 1v t J#" y ..';ate 1 •tiy. ... ^' . 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LO 1, ` c LO LO / a o . 7 C �i E E 06 o U o 76 it �I d` d 06 Lo ^� Z Y 7 LL �t, em ao of I a "a Q c s N {0 w CY > W O o - / n therm P� F a rc rc u a / � Y w ELI w O J Q W Q mtp, I po 05� (QeN Elf 106 I ti &s elm i @C 66 I G € 89 X50 �< 4C qu 'ply o PJ tt o a. y3�2giiY N � NV I A INHU pg`g26 t�`�E g� dg6 P R a Hs 3�8 g. � .. 6 Y °V qq�.I zBV °'92 i3 3� 3 9 g 3 �` �i, y ----- �aao.S.a3i:C m 3'1 - P # g�7 ilu� �'� ®�° O S 6 - e o H dpi ��cs $ !y 31 MP SL 3 - Q Z mu ro Y 3 ? a IR Ina LU 2 niq III � � h mi r 11� M o r Co ;■ 1� � • • aw � �. u M �\ - p CU i et s 6 rl 9 q Cl~ 0,22 , ° e poi 64 ti 0 100 109 w v V z lOb L01 _ n„ 5—.✓ / � � 'r — \ \�_ `` 124 0ZL2 6 ay o901 I / e8 \1 I c �pn z } � t > --`90 of w 98 - -- \ \� o,� '., <• �__.�_� see jeEbcc . 1 lb z� -- BY -LAW NUMBER C.P. 106 - A LAW TO AMEND THE MUNICIPAL PLAN BY -LAW Be it enacted by The City of Saint John in Common Council convened, as follows: The Municipal Plan By -law of The City of Saint John enacted on the 30th day of January, A.D. 2012 is amended by: 1 Amending Schedule A — City Structure, by redesignating parcels of land with an area of approximately 8.3 hectares, located at 655 and 765 Latimore Lake Road, also identified as being portions of PID Nos. 55068738 and 00324905, from Park and Natural Area to Rural Resource Area classification; 2 Amending Schedule B — Future Land Use, by redesignating the same parcels of land from Park and Natural Area to Rural Resource classification - all as shown on the plans attached hereto and forming part of this by -law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the * day of *, A.D. 2015 and signed by: ARRETE No C.P. 106 - ARRETE MODIFIANT L'ARRETE RELATIF AU PLAN MUNICIPAL Lors d'une r6union du conseil communal, The City of Saint John a 6dict6 ce qui suit : L'arr&6 concernant le plan municipal de The City of Saint John d6cr&6 le 30 janvier 2012 est modifi6 par: 1 la modification de 1'annexe A — Structure de la municipalit6, afin de faire passer la d6signation des parcelles de terrain d'une superficie d'environ 8,3 hectares, situ6es au 655 et 765, chemin Latimore Lake, et 6tant aussi des portions des NID 55068738 et 00324905, de secteur de parc et afire naturelle a secteur de ressources rurales ; 2 la modification de 1'annexe B — Utilisation future des sols, afin de faire passer la d6signation des parcelles de terrain pr6cit6es de secteur de parc et afire naturelle a secteur de ressources rurales ; - toutes les modifications sont indiqu6es sur les plans ci joints et font partie du pr6sent arret6. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le pr6sent arr6t6 le 2015, avec les signatures suivantes : Mayor Common Clerk/Greffier communal First Reading - Premiere lecture - Second Reading - Deuxi6me lecture - Third Reading - Troisi6me lecture - 109 BY -LAW NUMBER C.P.111- 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 fifteenth day of December, A.D. 2014, 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 56 hectares, located at 655 and 765 Latimore Lake Road, also identified as PID numbers 55068738 and 00324905, from Rural (RU) to Pit and Quarry (PQ) - 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. 2015 and signed by: Mayor/Maire ARRETE No C.P. 111 - ARRETE MODIFIANT L'ARRETE DE ZONAGE DE THE CITY OF SAINT JOHN Lors dune reunion du conseil communal, The City of Saint John a d6cr&6 ce qui suit : L'arr&6 de zonage de The City of Saint John, d6cr&6 le quinze (15) d6cembre 2014, est modifi6 par: 1 La modification de 1'annexe A, Carte de zonage de The City of Saint John, permettant de modifier la d6signation pour une parcelle de terrain d'une superficie d'environ 56 hectares, situ6e au 655 et 765, chemin Latimore Lake, et portant les NID 55068738 and 00324905, de zone rurale (RU) a zone de carries et de gravies (PQ) - toutes les modifications sont indiqu6es sur le plan ci joint et font partie du pr6sent arr&6. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le pr6sent arr6t6 le 2015, avec les signatures suivantes : Common Clerk/Greffier communal First Reading - Premiere lecture - Second Reading - Deuxi6me lecture - Third Reading - Troisi&me lecture - 110 RNI Advertiser Name: Saint John Common Clerk Advertiser Code: 571206 Size: 4.00 x 14.75 in. Sales Rep: Doug Thomson PROPOSED MUNICIPAL PLAN AMENDMENT AND ZONING BY -LAW AMENDMENT RE: 655 AND 763 LATIMORE LAKE ROAD Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending the Municipal Development Plan and The City of Saint John Zoning By -law at its regular meeting to be held in the Council Chamber on Monday, December 7, 2015 at 630 P,' by: 1. Redesignating, on Schedule A of the Municipal Development Plan, parcels of land with an area of approximately 8.3 hectares, located at 655 and 765 Latmore Lake Road, also identified as being portions of PID Nos. 5506SZ38 and 00324905, from Park and Natural Area to Rural Resource Area, as illustrated on Map 1 below, 2. Redesignating, on Schedule 8 of the Municipal Development Plan, the same parcels of land, from Park and Natural Areas to Rural Ruourre; 3. Rezoning the entire properties, located at 655 and 765 Latimore .. Lake Road, having an area t of approximately �. 56 hectares, aisd \,\ identified as PID Nos. 55068738 and 00324905, from Rural (I. to Pit and Quarry (PQ), as illustrated on Map below. REASON FOR CHANGE: To permit the expansion of an existing gravel pit. The proposed amendments 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, 1S Market Square, ''4 ,\ Saint John, N,B. ,, between the hour of 8:30 a.m. and , 4:30 p.m., Monday through Friday, r•' i inclusive, holidays excepted.. Written objections to the amendments may be sent to the undersigned at City Hall. If you require French services for a Common Council meeting, please contact the office of the Common Clerk, Jonathan Taylor, Common Clerk 658 -2862 PRO)ETS DE MODIFICATION DU PLAN MUNICIPAL ET DE V'ARRETIE DE ZONAGE OBJET: 655 ET 765, CHEMIN LATIMORE LAKE Par des presentes, un ave, public est donne par lequel le Conseil communal de The City of Saint John indique son intention de modifier le plan d'amenagement municipal at I'arrete de zonage de The City of Saint John, lors de la r6union ordinaire qui $e tiendra daps la Salle du Conseil le Iundi 7 decembre 2015 a 16 h 30, en apportant ies modifications suivantes ; 1. Modifier la designation, A i'annexe A du plan d'amenagement municipal, des parcelles de terrain d'une superficie d'environ B,3 hectares, situees au 655 at 765, chemin Latimore Lake, at etant aussi des portions des NID 55068739 at 00324905, afin de les faire passer de secteur de Pax at aim naturelle a sedeur de mmources rural¢; comme le montre fa carte 1 ci- dessous; 2. Modifier la designation, a. ('annexe 8 du plan d'amenagement municipal, des parcelles de terrain pr6citees, afin de �. les faire passer de sedeur de Pam et aim natarelle I sedeur de ressaurcer rumler; 3. Modifier le zonage des propriet6s entiilres, situees au 655 at 765, chemin Latimore Lake, dune superficie d'environ 56 hectares, at portent des NID 55068738 et 00324905, afin de les faire passer de zone rurafe (RU) a zone de carrleres at de gravieres (PQ), comme le mantra la carte 2 ci- dessous. RAISON DE LA MODIFICATION Permettre ('expansion dune carriere existante. \� Toute persnnne �\ int6ressee peut examiner les projets de modification au bureau du greffier communal ou au bureau du service de #a croissance et du d6veloppement communaudare A I'h6tel de ville au 15, Market Square, Saint John, N.-B., entre 8h 30 at 16 h 30 du Iundi au vendredi, sauf les jour f6ries. Veuillez iaire part de vos objections aux projets de modification proposes par ecrit a ('attention du soussign6 a I'h6tef de ville. Si vows avez besoin des services an frar4ais pour une r6uNon de Conseil Communal, veuillez contacter le bureau du greffier communal. Jonathan Taylor, greffier communal 658 -2862 Ad Number: 7952447R Ad ID: 7077595 Ad Legacy: 7952447 Current Date: Nov 10 2015 10:22AM Start Date: 11/12/2015 End Date: 12!112015 Color: B/W Client Approval OK ❑ 111 Corrections p (aussi disponible en fran�ais) Type of Application ® Municipal Plan Amendment ❑ Subdivision ❑ Similar / Compatible Use M Zoning By -law Amendment 0 Variance ❑ Temporary Use ❑ Amendment to Section 39 Conditions ❑ Conditional Use ❑ Change / Re- establishment of ❑ Zoning Confirmation Letter ❑ Letter for Liquor Licensing Non - Conforming Use Contact Information Name of Applicant Hughes Surveys & Consultants Inc. on behalf of Lafarge Canada Inc. Mailing Address of Applicant (with Postal Code) 575 Crown Street, Saint John, NB E2L 5E9 Home Telephone Number Work Telephone Number 506 -634 -1717 (Rick Turner) Fax Number 506 -634 -0759 E -mail Rick.turner @hughessurveys.com Name of Property Owner (if different from applicant) Lafarge Canada Inc. Mailing Address (with Postal Code) c/o Hughes Surveys, 575 Crown Street, Saint John, NB E2L 5E9 Property Information Location Latimer Lake Road 55068738 & 00324905 Civic ## Street PID Existing Use of Property Vacant Land Proposed Use of Property Aggregate Extraction Rural Resource & Proposed Plan Designation of Rural Resource Existing Plan Designation of Property Park & Natural Area Property Existing Zoning of Property Rural Proposed Zoning of Property Pits & Quarries (PQ) Description of Application Describe what you propose to do (attach additional pages if necessary). See attached j LI A // %' NOTE: If the applicant is NOT the owner, the Owner's signature or authorization (in writing) to submit this application is required. ' - -vSignature of Applicant .. Signature of Owner Richard Turner for Hughes Surveys & Consultants Inc. Alex Kennedy for Lafarge Canada Inc. Date For Office Use Only Reviewed by Development Officer Information Accompanying Application ❑ Letter of Intent. ❑ Site Plan Fee �j 00 f 5' Date Date July 16, 2015 ❑ Tentative Subdivision Plan ❑ Building Elevations ❑ Other ❑ Floor Plans ❑ Sign Drawings P.O. Box 1971 Saint John, NB Canada E2L 4L1 www.saintjohn.ra C.P. 1971 Saint John. N. -B. Canada E2L 4t1 11�v rneMyoeSalncgolm SAINT JOHN 112 Lafarge has been in operation for North America since 1956 and has had business investments in the City of Saint John for approximately 25 years. They presently have a ready mix operation and aggregate operation located in Saint John. The ready mix operation is located on Somerset Street while the gravel pit is located at Latimer Lake and is known as the "Bustin Pit ". The Bustin Pit supports the ready mix operation and both operations contribute to the economy in a number of ways. Mainly through providing employment and allowing Lafarge to be a competitive force in their respective industries therefore keeping costs competitive for private investment projects and publicly funded projects such as the city's annual capital works. With the existing Bustin Pit approaching its lifecycle as an aggregate source it is important that the company be able to expand its pit operation on the property included in this application. The subject lands were acquired as an investment approximately 20 years ago in anticipation that it might someday be used as an expansion to their operation. They are now seeking land use changes to allow there operations in Saint John to continue. City Municipal Plan — The Municipal Plan has a provision to accept requests to re- designate lands from Park and Natural Area to Rural Resource Area provided that the land does not contain environmentally significant features, a demonstrated potential exists for a resource - related use of the land, and any environmental and /or community quality of life impacts from the proposal can be mitigated to a level deemed acceptable by Council. The Municipal Plan goes on to say that Rural Resource Areas are primarily undeveloped lands with the potential for rural resource activity such as pits and quarries and/or forestry uses. The applicant respectfully requests consideration to re- designate the area within the subject property to Rural Resource to allow the applicant the ability to achieve a Pits and Quarries zoning designation as the this proposal meets the criteria outlined in the Land Use Chapter of the Municipal Plan, and the relevant provisions of the Zoning Bylaw can be met. A reasonable variance is requested for excavation setback requirements between lands under common ownership by Lafarge. Suggested Section 39 Condition - To respond to the acceptability of re- designating the areas designated as Park and Natural Area to Rural Resource the applicant suggests that if the rezoning of the property were approved it be conditional on any disturbance in the areas presently designated as Park and Natural Area be subject to the applicant obtaining any required Watercourse or Wetland Alteration or other permits required from the Provincial Department of Environment a& Local Government. The approved permits would be submitted to the City of Saint John and be incorporated into the city excavating permitting requirements. This would assure that environmentally significant features such as streams or wetlands would be appropriately provided for. Pre - application Consultation - Prior to making this application Lafarge sponsored an Open House at the Latimer Lake Community Centre. Notices were sent out to area residents using a list provided by city staff using the notification criteria followed by the city. Notices were also emailed to members of the Latimer Lake Community Association. The session was held on July 2, 2015. In attendance representing the proponent were: Alex Kennedy, General Manager, Atlantic Canada, Lafarge Canada Inc. Rod Price, Land Manager, Eastern / Northern Ontario, Lafarge Canada Inc. Shawn Mills, P. Eng. Area Manager, Lafarge Canada Inc. Rick Turner, Hughes Surveys & Consultants Inc. Approximately 12 residents from the immediate area attended as well as Mark Reade from the City Planning and Development Department who was invited to attend as an observer. There were questions and some concerns raised but the session was generally positive. Several displays were set up that illustrated the corporate policies and procedures used by Lafarge from a safety and environment standpoint, their logistics advisory policies, a typical rehabilitation plan and a map of the proposed site relative to adjacent properties and land uses. Copies of the material used at the Open House are included as part of this application. Following are explanations of some of the information displayed and information provided to respond to area resident's questions or concerns. This information also supports the justification for approval of the rezoning proposal. P.O, Box 1971 Saint John, NB Canada E2L 4L1 www.sairntjohn.ca C.P. 1471 Saint John. NA. Canada E2L 4L1 ,me city orseint)asn SAINT JOHN 113 LAFARGE CANADA INC. OPPORATIONAL PROCEDURES Health and Safety Policy - Lafarge is committed to providing a safe and healthy work environment for its stakeholders and to conducting its various businesses in a safe manner. Their corporate Health and Safety Policy is included along with a list of 11 rules that support and guide the policy. Environmental Policy The Lafarge Group Environmental Policy Introduction is provided. The Lafarge Group Environmental Policy applies to every Lafarge operation. They must comply with all applicable laws and regulations and conduct its businesses consistent with sustainable development principles. This is to be achieved through a process of continuous improvement in environmental performance through the use of effective environmental management systems and adherence to the 13 rules outlined in the policy. Logistics Advisory and Safe Trucking Pro am - In recognition that trucking to and from aggregate source sites is often an issue that raises concerns Lafarge adopted a national Safe Trucking Program that can be tailored to any individual site, standards with respect to cycling and trucking and discipline. Lafarge also have adopted a Logistics Advisory to meet an objective for a common and systematic approach to eliminate, minimize or prevent the risk of incidents arising from occupational road transport activities therefore driving and road transport related injuries and fatalities can be avoided. The Logistics Advisory and Safe Trucking Program Disciplinary Actions outline is included in this application. Domestic 'Water Supply Wells - To assure minimal impact on domestic water supply wells in the area a hydrogeological study will be conducted as part of the permit process, be submitted to the city of Saint John with required plans for review and its recommendations will be incorporated into the operational procedures for the site. Variance Requested — A variance confirmation to allow for no setback allowance requirement on the boundaries between PID #'s 55068738, 00324905 and adjacent 00333526 which are all under common ownership but Lafarge Canada Inc.. Other items that support approval of the subject application are: • Lafarge Canada Inc. have a proven track record of being a responsible operator and good corporate citizen; • The location of the excavation is remote to existing housing and setback requirements can be met or exceeded; • The company policy with respect to operating hours is from 7 AM to 7 PM. On Sundays and holidays the site is not in operation and on a rare occasion the site may be in operation on Saturday. Site operations during winter months are minimal. • A recycling pond water system will be used based on an approved stormwater management plan which will be submitted for approval before the subject site is put into production; • Smoke, dust, vibration and noise will be controlled using methods presently employed in the Bustin Pit which have proved successful; • Treed buffers will be maintained as visual screens in setback areas; • Corporate policies will continue to be used in the expansion area; • The existing entrance to the Bustin Pit will continue to be used and no new entrances are proposed; • The operational procedures used by Lafarge assure the rehabilitation processes will be followed. • To assure Lafarge continue to be a competitive force in their respective industries in the City of Saint John therefore contributing to competitive costing for private investment projects and publicly funded projects. Respectfully submitted, HU 4UR YS & CONSULTANTS INC. Richard Turner ' P.D. Box 1971 Saint John, NB Canada E2L 4L1 www.saintjohn.ca C.P. 1971 Saint John, N. -B. Canada E2L4L1 SAINT JOHN The qty oPSasnc john 114 \ \x \ \ \ \ \\ \\ A s \ \ \ \ \ /�asa[islion e AREA TO HE REZONED m� Lafarge Properly PQ. L \ L4 �\ t °ABM 6c �\", \ P4— PI7 & QUARRY RESIDENTIAL RU RURAL \\ \ \ \ \ CFN— NE6GHUNITY FA G0MMl7NITY FACIL!'f`I \ \ \ P —PARK \ \ goo a ioo too 3oa +aa 5�25 D 15fA cv� m lr.s OVERVIEW MAP sustin Pit Owned property 300m boundary AER11 50VERVIEW ySk G11R.:.G Lafarge is committed to providing a safe and healthy work environment for its stakeholders and to conducting its various businesses in a sate manner. Health & Safety are core values that must be incorporated into all aspects of our business. We integrate health and safety objectives into our management systems at ali levels of the Group. Management is accountable for the prevention of injuries and occupational illnesses. Everyone werk:ng for Lafarge expects a safe and healthy work environment, and in turn. we expect everyone to contribule to that safe environment through responsible behavior. Everyone is also expected to deiilOnStrate that Health & Safety are core values through visible commitment and active engagement of each ether. When it comes to safety. I believe the only acceptable rumbei is zero zero accidents, incidents or occupational illnesses. Reaching this goat is critical for us to reach excellence. 9mrin laront Chief Executive Officer 1- AFARGE RESPONSIBILITY: Line management is responsible for Health & Safety implementation, communication and compliance. TRAINING: Employees, managers and contractors must be trained 2 to work safely and manage Health & Safety in their area. 3 EVERYONE: Everyone working for Lafarge, including Contractors, must respect Health & safety rules. IMPROVEMENT: All units must have an annualized Health & Safety 4 improvement plan as part of the Performance Plan. ORGANIZATION: All units must have a Health & Safety committee, a5 composed of managers and relevant experts and partners. �" COMPLIANCE: All units must comply with the Group Health & Safety U standards. REPORTING: All incidents and accidents must be reported at 7 the appropriate level, investigated and learnings shared. 8 U TRANSPARENCY: Safety results must be visibly communicated to everyone. 9 MEASUREMENT: All operations must be regularly audited against the Group policy, Health & Safety and Management Systems and Standards. 10 SUPPORT: Health & Safety o rgaoniza done managemenn must be reed and trained to provide support CONDITION OF EMPLOYMENT: Compliance with these rules is a condition of employment and a criteria for career development. ,(LAFARGE 4k Every Lelarge operation must comply with all applicable laws and regulaliolts and conduct its with sustainable development principles. This is to be achieved through businesses consistent improvement in environmental performance through the use of effec- a process of continuous tive environmental management systems. This Environment Polity consists of the following rules: EMS: Operations shall use an effective p RESPONSIBLE SOURCING: Evaluate the envi- B values, policies and practices of Environmental Management System (EMS} to responsibilities and ronmental contractor candidates, manage overall environmental ntractors and suppiliers to espect urpenviron- performance. mental, health and safety values and to comply CLIMATE CHANGE: Reduce our impact on cli- with our policies and procedures. mate change through: • the development, manufacture or promotion 9 and social impact study u(ESIA) when selecting of innovative products and solutions the use of energy and where fea- g reenfield sites for development or developing • minimizing sible promoting energy recovery and the use major modification projects. Conduct environmental Of renewable energy sources • minimizing the use of non- renewable DUE DILIGENCE: due diligence in connection with acquisitions resources and, where it is feasible and safe, replacing them with substitute raw materials, and divestments. Provide adequate financial alternative fuels and biomass RESOURCES: and human resources, employee training and WATER: Minimize our impact an water awareness raising to facilitate continuous lmprove- 3 resources by limiting ground and surface water ment in environmental performance. withdrawal through the use of recycling. for STEWARDSHIP: Implement sustainability in the design, QUARRIES: Develop a rehabilitation plan all 4pit that takes into account the and stewardship practices manufacturing, distribution and application of our and quarry sites needs and expectations of our stakeholders and, products, systems, and solutions to enhance their where feasible, fosters wildlife habitat creation and contribution to sustainable construction. contributes to the conservation of species. E STAKEHOLDERS: Be open, honest, and k Inform our BIODIYERSITY: Implement biodiversity mans- for in close proximity to pro- accountable to our stakeholders routinely about OUT operations and Bement plans sites tected areas or habitats and facilitate the conserve- discovered during site stakeholders products, soliciting their feedback and encoura- a candid dialogue. Cooperate pre - actively with tion of historic remains development and quarry operations. ging legislators and regulators to evaluate the feasibility, and cosUbenefit of proposed laws, regula- RECYCLING: Reuss and recycle materials 6 minimize the generation of any impact, flops and standards. where feasible, hazardous and other wastes, and dispose of wastes using safe and responsible methods. TECHNOLOGY: Encourage the development 7 f and diffusion of environmentally friendly tech- Brune Welt ! Chief nologies. Employ safe technologies and operating procedures to reduce exposure of our employees Chairman and Executiveofllcer �pFARGE and our communities to environmental, health and safety risks. 9 r III sr5awa Objectives of the Advisory: Establish a common and systematic approach (lased on the 5 P, m) to eliminate, minimize or prevent the risk of incidents arising from occupational mad transport activities. Eliminate driving and road transport related injuries and fatalities. Applicability: This Advisory applies Whenever Lafarge owns the vehicle or Lafarge has a contract with a company owning vemole(s) to transport its materials. Customer or supplier pick -up and deliveries are excluded from this Advisory (but on site, Lafarge rules apply). Key Requirements of the 5 pillars: "Contractor" Pillar. 1. $election of (fensportera on H &S eriterle as defined in CSM Standard. 2. Avoid the use of soot haulers (written agreements with transporters, which incorporates adherence clause Yg all e emeriti (e.g, driver selection, training, leading KPI tracking. regular meetings etc.). Apply disciplinary measures as appropriate. "Driver' Pill 1. Driver satectlon Fitness & auaiifrwtion - Management to ensure that all drivers (Lafarge or contractor) are appropriately licensed, fully trained, compute ., experienced and medically fa to carry out the task safely. 2. Driver trainin & asses mend- ensure that drivers receive full defensive driving irafntna (before driving fur Lafarge) & refresher; faliaus prevention trail g; they have training records ; minimum 5 year drivincl relevant experience; regular medc I fits ch ks; regular tool box interactions. 3. Driving behavipr - drivers are expected tp always engage in safe behaviour, use 3- into, seat belt. respect tickle & driving rules like speed limits, only allow authorized passengers in the vehicle, not drive under the influence of drops or alcohol, do not use grattit. .hone even hand tom. 4. Fall reventic - implement controls to eliminate the risk of driving when tired and fati ued; drivers pay system should not encourage them to drive continuously for conger hours if tired; drivers must respect limited number of driving hours, defined rest oeripds & breaks. "Vehicle" Pillar- 9. Vehicle setectI n & specification - required safety equipment Includes 3 -point safety seat bell for driver & all passengers, head restraint on seats, laminated windshield. rear view &side view mirrors, frontal view mirrors, reversing alarms both audible & visual, first aid & emergency kit; for bigger vehicles! trailers side under -con crash protection aid 2. RiMX Trucks - access ladder to rear with edge protection & gale, guarding of drum opening etc. 3. Tires - tires must comply with minimum statutory tread depth (not less than 2mm), no retread tires on truck stecring wheels, radial fires to be used compatible with axle loading, tins safe use time limit to be respected, damaged tires not to be used 4. Vehicle malntanance servlc n ins ins all vehicles must be in roadworthy condition and be regularly assessed as part of a planned maintenance program. A system of documented periodic inspections shall be in place for routine inspection of vehicles. A system of documented are -start checks to be canned out every shift by the designated vehicle driver. Defective vehicles must be clearly marked "out of service' & not used. "Journey" Pillar. 1. Juume na en an ' J - create a JMP (especlally for high risk journeys), that is guided by a risk assessment (incl. sharp curves, steep descents, narrow roads, road work, schools, hot spots for accidents etc.) to ensure a clearly defined preferred route, safe working hours, safe driving speeds, safe rest arses & emergency response support in the event of an incident on route, appropriate telephone numbers and contact details etc. Night deliveries must be approved by the CCEO. 2. Drivin ourne mane a ant s stem - use of GPS, with regular analysis and review of journey data. Use resuits to provide appropriate & timely feedback (positive and constructive) to drivers & transporters. 3. Passengers - All occupants to wear seat belts; no unauthorized passengers allowed. 4. Visibility - drivers to use hi -via clothing when near moving vehicles or equipment; vehicles to have lights on Of all times where permitted by law. "Load" Pillar, 1. Loads - Load to be within the specified maximum permissible gross weight limit; ensure safety during loading operations (e.g. WAH risks. sheeting). 2. Unlpal In - a customer site must imiow ell Lafarge miss 8 safety guidelines: a.g. safe unloading area, unloading facilities, WAH risks under control, safety harriers, righting etc. Driver should not unload if sits is deemed unsafe. Mana ing Ti. -over risks, To prevent fl - ve and minimize the risk of serious injury, it is necessary to ensure that at least: (1) Trucks must not move with a bed in a high position (2) Ambient conditions are checked such as soft ground, sticky malarial, high wind, sloping surface etc. (3) A safe unloading procedure is defined. T —.'no: Prior to towing, it is necessary to ensure that: (i) A risk assessment is done, which considers aspects such as suitability of towing vehicle, competence of the person in control of the operation, proximity of vehicles, slope & gradient, attachment points etc. (2) only certified fabric ropes or fixed draw -bars can be used They must be inspected regularly. This document is Intended 10 promote puderst -dlag of Mt "Lisgisdcs" Advtsaty ONar.9a1e end does pot repters If. SAFE TRUCKING PROGRAM DISCIPLINARY ACTIONS ]n the event that a Safety Violation occurs, the driver who created the safety violation will be subject to disciplinary action under the Lafarge Safe Trucking program. The disciplinary cation taken will be aligned with the severity of the safety violation - The list below provides examples of possible safety violations and the resulting disciplinary action. However, these are only examples and are by no means absolute. Based on the circumstances surrounding or the outcome a created by the Safety Violation, different disciplinary action may be employed. Level 1: Warning —No Suspension ❑ PPE Infraction ❑ Cellular Phone use without Hands Free 13 Speeding ❑ Failure to Stop at an Internal Stop Sign Level 2: Warning - 1 Day Suspension ❑ Failure to Stop when exiting a Lafarge Site ❑ Outside of truck in loading area ❑ Continued violation of PPE rules ❑ Driving with an Elevated Box Level 3: 3 Day Suspension ❑ In the box at a loading area ❑ Excessive Speeding damage 171 Driving with an elevated box causing property g ❑ Continued violation of basic safety rules Level 4: 30 Day Suspension D Not stopping at Stop sign causing property damage ❑ Tip Over on Lafarge Site (Tip Over wilt be reviewed and suspension may be reduced) ❑ Causing a dangerous situation while exiting the Lafarge Site ❑ 2" Warning for Being in Box at a shipping face Level 5: Permanent Suspension ❑ Malicious or negligent acts resulting in personal or property damage n Continued disregard for Lafarge's safety rules Informa tion sources: Rehabilitation Plan - Bustin Pit „ &. ,dry .4 h... .P ; d.T-bn fh-a,gwfik(,.d)pr by il1T ^PnBTnPhum fwn�furaf dfi'am digfm7:errainroodd (D7M7 Aafa bnse ob>a�PdfrPfn 913 Latimer Lake Road, Civic No. 00333526 City of Saint John FARGE a +)Qr,�5`0`bn"By"c-P"545 New Brunswick CAKAUA Face. - Notes & Retails lIIPGF�vf eH3l4JiASxniw¢lHtl]aCA1HG uiPwPleoHOwnin FXfA.GnDx yeGtiado: ldxeWIATONWelt LvAA5 1MNSOFGeI'u�n4NwRCRLfP�xNPT .LSU1fo6.6PHL ]YP. s[ISf�@Ni'YIDY1]NG.ANfl S9.lYYAAFA3 WLl WMxn+ACiIYE w¢ iE[S'nFii ®PFrwfG0.�51fE[ILLIXiIdGV 4vf�8iu:66, Wl6lxii[ VHWIauMx, T ¢'i9Y50RwaFH3'nvveV.iL1]rd +�wwo Hiles ®ux5 T]l w1YlllvPn]S6m1.L39l3GRwntHHPVFL SAlGS1.Y SOAt£NelWl'xnON f.[ Ps OGUnC3m5.Wt W y,f e£FUfIDTPAFUVIFT£ etwlAGTON VfnxtivsFEllo 3Arzx3.TG18oa A1m5uMOavmIFF l[iAC:bANP Vsm MldNMe'GMIOTTMs Fx�351 Pfs[ID, AV o OYCItENPd 1NTxf u NDY HM ®LO.TM HewHllllwTON LAT I 3'HtO fD iipys Tl¢s ix0lPA1Y- stint {,�C�wl.onlWPlHFmx ®xY Yx0.UH£' ovstantcoNravn +.�.Plm�sorernxcraN.w3cernAC wx�mrxHSaroumy ra�fs*F�PFa w sp w Alnvt�iii�Ar�n�wr�rsFxAr�m nnfx.i!umn.'£wmxi:ns. .. 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Gf?,EFEN HI UZ,N Res 'table idential and Natural Are"Iff Rr al Res our ce- Q Stable R id&mfial fi d ArJ3 +1r fj Stable Urban Reserve 'at Pan Nm Rural Resource' P., irk aarrdlMdatufal , Rural �;rel mJ Park and/ and N. Natural Ar. —Area' RSS Rss OR f R L �� Q�CIt LM RL 01, r, ST C R2 RU �0(; �G0' R2 / CC ,s. R2 1 O M O m G&j�jW R2 RU i/ I RU • Business Parr Commercial (CBP) • Align with adjacent lot Scale Dennison Building Existing Curb a J I New Curb PIA 55187735 PIU 55221980 S " — " —._l Mulch a O 16 spots o o �x — si 1 C 40' lot extension (reallocate fill from site) J 'S 'S L > 0 N 7D r O P r scope of work: ID 1— Add Fill to Extend area, to provide truck turning. 2— Grade area for Paving. 3— Truck Turning area (6,004 sgft) — add 5" crush rock, and 2.5" asphalt. z N 1,7f"Nolz of (30') 'kill .olr rite LL[' Lei " �'T' ) , . 'amt SL 40 AthTKO Filn m 0 7ol re WIEWS z1alstorwille E I N 7oTo' re • :40 Aid Conditions: • Permit the development of a parking and truck manoeuvering area for the uses permitted on PID 55187736; • Retain all other conditions previously applied to the property. Community Planning &Development Growth &Community Development Services PLANNING ADVISORY COMMITTEE November 20, 2015 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: Proposed Rezoning and Section 39 Amendment 61 Drury Cove Road T The City of Saint John On October 26, 2015 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its November 17, 2015 meeting. Kevin Dennison, owner of Dennison Properties Inc., the applicant, appeared before the Committee and spoke in favour of staff recommendation. Mr. Dennison provided an overview for the Committee of the NTI (NY Thermal Inc.) company and its operations on the subject site, illustrating the positive growth of the company and the resulting need to use the subject site for staff parking and a truck turnaround area. No one else appeared in favour or against the application. One letter was submitted in support of the application. After considering the report, the comments made by the applicant, and the letter received, the Committee recommended approval for the proposed rezoning and Section 39 Amendment. RECOMMENDATION: 1. That Common Council rezone a parcel of land having an area of approximately 7,497 square metres, located at 61 Drury Cove Road, also identified as PID No. 55221980, from General Commercial (CG) to Business Park Commercial (CBP); Page 1 of 2 131 Denison Properties, Inc. 61 Drury Cove Road November 20, 2015 2. That Common Council amend the existing Section 39 conditions imposed on the November 10, 2003 and November 21, 2005 rezoning of the same property, that would: a. Permit the development of a parking and truck manoeuvering area for the uses permitted on PID 55187736; Respectfully submitted, Eric Falkjar Chair Attachments Page 2 of 2 132 The City of Saint John Date: November 13, 2015 To: Planning Advisory Committee From: Community Planning & Development Growth & Community Development Services For: Meeting of Tuesday, November 17, 2015 SUBJECT Applicant: Dennison Properties Inc. Owner: Dennison Properties Inc. Location: 61 Drury Cove Road PID: 55221980 Plan Designation: Stable Commercial Existing Zoning: General Commercial (CG) Proposed Zoning: Business Park Commercial (CBP) Application Type: Rezoning and Section 39 Amendment Jurisdiction: 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 Monday, December 7, 2015. Page 1 of 7 133 Kevin Dennison 61 Drury Cove Road November 13, 2015 SUMMARY The adjacent site was rezoned in 2007 to "BP" Business Park to facilitate the establishment of a building for office uses and light assembly of heating products, subject to several Section 39 conditions that, among other conditions, restricted the use of the site to the uses identified in the applicant's proposal. In 2014, the applicant sought an amendment to the Section 39 conditions to include a dwelling unit among the permitted uses. Council approved the proposed amendment, but added the condition that the occupancy of the proposed dwelling unit be limited to the owner of the property. At that time, the applicant was made aware that there were outstanding site enhancement features that were illustrated on the approved site plan, but had not been installed onsite. Among other Section 39 conditions applied to the original rezoning of the site, the applicant was required to submit a detailed site plan illustrating "the location and dimensions of all buildings and structures, freestanding signs, paved parking, concrete curbing, and landscaping ". The plans were submitted and approved by the Development Officer in the same year; however, two items have been outstanding with regards to the development of these site features: 1. The driveway is not located in the area illustrated on the site plan 2. The landscaping boundary along the southern property line shows a landscaped buffer, which is currently being used as entrance to an adjacent parking area The current applicant and owner of the both adjacent properties (PIDs 55187736 and 55221980) was unaware that there was an approved site plan that required the development of these site features, and has been using the property subject to the current rezoning application as a parking area for his business as it has expanded in recent years. Mr. Dennison was informed during the previous Section 39 amendment process that a parking area and its associated use must be in the same zone. Staff recommend approval of the proposed rezoning, subject to the Section 39 condition that the access to the site is approved by the City's Chief Engineer or his designate. RECOMMENDATION That Common Council rezone a parcel of land having an area of approximately 7,497 square metres, located at 61 Drury Cove Road, also identified as PID No. 55221980, from General Commercial (CG) to Business Park Commercial (CBP); 2. That Common Council amend the existing Section 39 conditions imposed on the November 10, 2003 and November 21, 2005 rezoning of the same property, that would: a. Permit the development of a parking and truck manoeuvering area for the uses permitted on PID 55187736; Page 2 of 7 134 Kevin Dennison 61 Drury Cove Road November 13, 2015 b. Retain all other conditions previously applied to the property. DECISION HISTORY The subject site was originally part of a larger rezoning application that was approved by Council in 2004, which facilitated the establishment of the Drury Cove neighbourhood. The subject site was included as a part of the proposed commercial component of the neighbourhood, which would be situated at the corner of Stonegate Drive and Drury Cove Road. As such, the property was rezoned to "B -2" General Business under the previous Zoning By- law, which was carried forward to the General Commercial (CG) zone under the new Zoning By- law. At the time of the rezoning, Council adopted conditions, subject to Section 39 of the Community Planning Act, that restricted the use of the site to a restaurant, inn and /or office uses, as well as the requirement to submit a detailed site plan illustrating the location of all landscaping treatments and concrete curbing, among other site features (see attached "Submission 2: Existing Section 39 Conditions "). The adjacent site was rezoned in 2007 to "BP" Business Park to facilitate the establishment of a building for office uses and light assembly of heating products, subject to several Section 39 conditions that, among other conditions, restricted the use of the site to the uses identified in the applicant's proposal. Among other Section 39 conditions applied to the original rezoning of the site, the applicant was required to submit a detailed site plan illustrating "the location and dimensions of all buildings and structures, freestanding signs, paved parking, concrete curbing, and landscaping ". However, the applicant had not installed the proposed concrete curbing as the subject lot has been used for staff parking and as a turn - around area for large delivery vehicles. Also, the existing driveway encroaches onto the subject lot, which the applicant is attempting to address through the current rezoning application. As a result, a letter sent by Building and Inspection Services to the applicant in February 2015 made the applicant aware of the following violations with regards to the use of the subject site: • The approved site plan illustrates curbing along the side property line of the subject lot, which has not been installed; • The existing driveway encroaches onto the subject lot, which does not share the same zone as the adjacent land use; and, • The Zoning By -law requires a land use and its associated parking area to be located in the same zone, which is not currently the case with the subject lot. As a means of rectifying the outstanding violations, the applicant has made the current application to rezone the subject lot, and has submitted a revised site plan illustrating the parking area, including a space designated for "transport truck turnaround" (see attached). Page 3 of 7 135 Kevin Dennison 61 Drury Cove Road November 13, 2015 ANALYSIS Proposal The applicant is seeking to establish a parking area for the expanded employee base at the adjacent business headquarters at 65 Drury Cove Road. The proposed staff parking area includes a designated turnaround area for transport trucks needing to access the site for loading purposes. The Zoning By -law requires a parking area to be zoned the same as the land use it is servicing. In this case, the subject site is located in the General Commercial (CG) zone, while the business it serves on the adjacent lot is located in the Business Park Commercial (CBP) zone. As such, the application is to rezone the subject site to legally establish the parking for the existing NY Thermal Inc. (NTI) business that it serves. Site and Neighbourhood The subject site is located in the northern part of the City at the edge of the "Highlands of Drury Cove" residential neighbourhood. The lot is currently a vacant lot with a gravel surface, which is used as a parking area and turnaround area for vehicles relating to the operations of the NTI business on the adjacent lot. This area of the City is comprised of predominantly residential zones, including the Low -Rise Residential (RL), Two -Unit Residential (R2), and Suburban Residential (RSS) zones. The majority of the residential area in the surrounding community consists of single - family homes, with large undeveloped areas in the surrounding region. In addition to the residential zones, the surrounding area contains the General Commercial (CG), Business Park Commercial (CBP) and Corridor Commercial (CC) zones. The subject property has a total area of approximately 7,497 square metres and a lot frontage of approximately 107 metres. The lot is currently, and has been used as a staff parking area in recent years. Municipal Plan and Rezoning The Municipal Plan identifies properties in the Stable Commercial land use designation as being established commercial areas that "are generally built -out and are not anticipated to receive major change over the planning period ". The subject lot and the adjacent lot containing the NTI business, although located in separate zones, are both within the Stable Commercial designation. The parking area is intended to serve the adjacent business, which is a use of the property that is in keeping with the direction of the Municipal Plan as the area is an established commercial use. As stated above, the rezoning of the site is to align the zoning with the adjacent lot that contains the existing NTI business. The use of the subject site includes a turnaround area for transport trucks accessing the site from Drury Cove. Historically any trucks entering NTI property were Page 4 of 7 136 Kevin Dennison 61 Drury Cove Road November 13, 2015 required to back into the site from Drury Cove Road, which temporarily blocked the road and presented unsafe driving conditions. Staff recommend that the existing Section 39 Conditions be repealed in favour of a Section 39 condition that requires the applicant to submit a revised site plan showing the paved parking area, the access to the site, concrete curbing and landscaping. If approved, all site improvements will have to be completed within one year of the issuance of a Change of Use permit. Staff also recommend that the use of the site be restricted to office uses and /or assembly of heating products, which effectively mirrors the existing condition on the adjacent property at 65 Drury Cove Road. Conclusion The applicant is seeking to rezone the subject site from General Commercial (CG) to Business Park Commercial (CBP) in order to align the zoning of the existing parking area with the zoning of the business it is associated with on the adjacent lot. The applicant was unaware that a parking area must be located in a zone that permits the land use it is serving, which in this case is the NTI fabrication plant. The application also involves a recommendation to repeal the existing Section 39 conditions on the site, and establish two new conditions that limit the use to office uses and /or assembly of heating products, and require the applicant to submit a site plan, subject to the approval of the Development Officer. ALTERNATIVES AND OTHER CONSIDERATIONS No alternative considerations are recommended for this application. ENGAGEMENT Proponent In accordance with the Committee's Rules of Procedure, notification of the proposal was sent to landowners within 100 metres of the subject property on November 5, 2015. The public hearing for the rezoning was advertised in the Telegraph - Journal on October 15, 2015. Public In accordance with the Committee's Rules of Procedure, notification of the proposal was sent to landowners within 100 metres of the subject property on November 5, 2015. The public hearing for the rezoning was advertised in the Telegraph - Journal on November 5, 2015. Page 5 of 7 137 Kevin Dennison 61 Drury Cove Road November 13, 2015 SIGNATURES AND CONTACT mo� Jody Kliffer, MCIP, RPP Planner Contact: Jody Kliffer Phone: 506.632.6846 E -mail: jody.kliffer @saintjohn.ca Project: 15 -199 138 Approved by: YJ Mark Reade, P.Eng., MCIP, RPP Senior Planner Page 6 of 7 Kevin Dennison 61 Drury Cove Road November 13, 2015 APPENDIX Map 1: Site Location Map 2: Municipal Plan Map 3: Zoning Map 4: Aerial Photography Map 5: Site Photography Submission 1: Site Plan Submission 2: Existing Section 39 Conditions Applicable to Subject Site Page 7 of 7 139 �O �d 0 a ` a ti z 0 a x , 0 LL '1 C - "o <cr yJ 140 LO E o N ++ L a) -0 VJ E o >o >, o �Z U� a) 0 t A ■ S /1/ L LL. 0U J � w o U c 1 0 r c a� �Q ZHESAY R 0' ro a � o. 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WN, 'C o cz v L on x L a 0 0 U O L N C w N O O a 6/ L Qi wo a L O 0 a 144 c� m ao .II 0 O a O O C4 U C fE Y W c f6 3 a tw x w r+i 0 0 a cLO �T- O N � L VJ O> O Z U� a� O O O C 11/ 0 0 O IL _ O uJ R Scale Dennison Building Existing Curb J � J I New Curb 187736 PID 55_.___._.. — PID 55221980 Mulch \ \ E) x \Z \ O :0 Z- 16 spots -0 \ O hd \ 9 q o Q 40' lot extension \ 3 (reallocate fill from site) \ z I /// ZE scope of work: N fD fD LA 1— Add Fill to Extend area, to provide truck turning. 2— Grade area for Paving. 3— Truck Turning area (6,000 sqft) — add 5" crush rock, and 2.5" asphalt. 4— Conctruct concret curbing approx. 305 feet., with fill backing. 5— Add 6 mature tree and mulch between Parking lot and Drury Cove Rd. 6 —Add lines to accomidate 16 parking spots. Dennison Properties 30 Stoneqate Dr. Saint John, NB. P Parking Lot Titie: eral Scale NTS Date: 9 -21 -15 Drawn By. KAAD Submission 2: Existing Section 39 Conditions Applicable to Subject Site a) the use of the re -zoned area is restricted to professional offices, hotel and restaurant facilities; b) each lot in the re -zoned area must not be developed except in accordance with detailed site plan and building elevation plans, to be prepared by the proponent of the development and subject to the approval of the Development Officer, showing the location and dimensions of all buildings and structures, freestanding signs, paved parking, concrete curbing, landscaping of all disturbed areas not occupied by buildings, structures and parking areas, exterior lighting, underground utilities and exterior building materials, and the approved plans must be attached to the application for building permit for the development of the applicable lot; c) all site improvements shown on the approved plans mentioned in condition (b) must be completed within one year of approval of the building permit for the development of the applicable lot; d) the provisions of the Section 39 agreement between The City of Saint John and Drury Cove Developments Inc., dated December 24, 2002, with respect to the payment of a $2,500. lot levy, shall apply to the re -zoned area, where 1,000 square feet of building floor area shall be considered equivalent to a lot and therefore subject to the $2,500. payment requirement as well as any credits provided for in the said agreement; e) the $2,500. per 1,000 square feet payment mentioned in condition (d) shall be in the form of a certified cheque delivered to the Development Officer at the time of submission of the application for building permit for the building on the applicable lot; and further that upon the re - zoning the area, the land and any building or structure thereon must be developed and used in conformity with the proposal and conditions identified herein. 146 Planning Advisory Committee City of Saint John Community Planning and Development Re: Rezoning 61 Drury Cove Rd To Whom It May Concern, I am the owner of Drury Cove Development Inc., 611553 NB Ltd. and 616081 NB Ltd. I am the largest land owner in the area with over 300 acres adjacent to this property. I own lands on all sides of 61 Drury Cove Rd. I own and occupy an 8000sq ft office building across the street from the said property. I am the applicant in 2003 and 2005 that applied for the section 39 conditions granted at that time. I am unaware of any restrictions as described in this letter that limit the use to a restaurant, inn and or office use. This is not how the section 39 change was described to me by City staff at that time. This is not surprising to me. Despite numerous requests to change the guidelines of the new Plan SJ and with considerable input all comments made to the implementation of this was ignored by City Staff. Under the application made in 2003 the use of concrete curbs and sidewalks was not a requirement as evidenced in the adjacent building at 55 Drury Cove Rd. It was agreed that the rural look of narrower asphalted streets without concrete curbs and sidewalks would be kept throughout the development to the connection of the Highlands to Ashburn Lake Rd. Drury Cove Development Inc granted NTI ( the applicant) an easement across the parcel of land in 2003 for the turning if needed of delivery vehicles. At the time of the section 39 rezoning in 2003 that changed zoning of the adjacent property to allow for the construction of a building there was no other consideration discussed other than a manufacturing facility did not fall under the guidelines. It was described to me as the zoning was no different than zoning in the core of the City. ie multiple use. I fail to see the need for this application and find the requirements contrary to what was promised to me during discussions by staff at the time of the original rezoning discussions. The applicant for 61 Drury Cove Rd. owns sufficient land under the B2 Zoning to construct additional buildings that will need parking. Whether the parking lot comes first is irrelevant to me. Whether the parking is used for one building or another is irrelevant to me. The City of Saint John can decide if it wants to be the open, one stop, type of municipality that wants development to spur growth or not. There is no middle ground except in the eyes of the planning department. Since discussions initiated over Plan SJ the City has seen a drop in Population and a decline in housing. Building applications are at an all -time low. As a developer I can assure you that conditions in Saint John's neighbouring City of Moncton is much easier and open for development. I have waited months for building permits in Saint John without any sense of urgency. If the goal is to "cross every eye and dot every T" and maximize the demands upon the applicant they will simply look elsewhere. I can tell you that since plan SJ was discussed I have been a net seller of property in Saint John and have expanded elsewhere. 1 have gone from over 70 employees in the City to 3. This is to simply maintain a place in the City where we started as a company 54 years ago. Unless 147 there is recognition of the current economic atmosphere and the ease at which businesses can simply relocate the exodus will continue. This applicant is requiring more parking spaces which can only mean an increase in the employee base. The City must do everything it can to accommodate anyone willing to expand here. Business owners already have the highest property tax values in the country, the highest income tax rate in the western hemisphere, 15 % HST, and a declining skilled work force. How much more will it take for this applicant to simply leave. The applicant has maintained an exemplary presence in the development. I stand in full support of this applicants desire to develop the lands at 61 Drury Cove Rd in any fashion deemed necessary. I hope the Planning Advisory Committee understand the foremost responsibility to the community is sustainable economic activity. Regardless of wish list dreams, without a tax base, the City will not need to spend money on Planning Department jobs either. Regards, Mac Blair --� President Drury Cove Developments Inc. M. BY -LAW NUMBER C.P.111- A LAW TO AMEND THE ZONING BY -LAW OF THE CITY OF SAINT JOHN ARRETE No C.P. 111 - ARRETE MODIFIANT L'ARRETE DE ZONAGE DE THE CITY OF SAINT JOHN Be it enacted by The City of Saint Lors dune reunion du conseil John in Common Council convened, as communal, The City of Saint John a follows: The Zoning By -law of The City of Saint John enacted on the fifteenth day of December, A.D. 2014, 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 7497 square metres, located at 61 Drury Cove Road, also identified as PID number 55221980, from General Commercial (CG) to Business Park Commercial (CBP) d6cr&6 ce qui suit : L'arr&6 de zonage de The City of Saint John, d6cr&6 le quinze (15) d6cembre 2014, est modifi6 par: 1 La modification de 1'annexe A, Carte de zonage de The City of Saint John, permettant de modifier la d6signation pour une parcelle de terrain d'une superficie d'environ 7 497 metres carr6s, situ6e au 61, chemin Drury Cove, et portant le NID 55221980, de zone commerciale g6n6rale (CG) a zone commerciale — parc d'affaires (CBP) - all as shown on the plan attached hereto - toutes les modifications sont indiqu6es sur and forming part of this by -law. le plan ci joint et font partie du pr6sent arr&6. 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. 2015 and signed by: Mayor/Maire EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le pr6sent arr6t6 le 2015, avec les signatures suivantes : Common Clerk/Greffier communal First Reading - Premiere lecture Second Reading - Deuxi6me lecture Third Reading - Troisi&me lecture 149 :ter Advertiser Name: Saint John Common Clerk Advertiser Code: S71206 Size: 4.00 x 13.00 in. Sales Rep: Doug Thomson PROPOSED ZONING BY -LAW AMENDMENT AND SECTION 39 AMENDMENT RE: 61 DRURY COVE ROAD 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, as well as intends to consider a proposal, at its regular meeting to be held in the Council Chamber on Monday, December 7, 2013 at 6:30 P.m., by: M 1. Rezoning a parcel of land having an area of approximately 7497 square metres, located at 61 Drury Cove Road, also identified as PID No. 55221980, from General Commercial (CG) to Business Park Commercial (CBP), as illustrated below, 2. Amending or repealing the Section 39 conditions imposed on the November 10, 2003 and November 21, 2005 rezoning of the same property, to permit a revised proposal. REASON FOR CHANCE: To permit a parking area and truck access for the building on the adjacent property at 65 Drury Cove Road /30 Stonegate Drive. 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, If you require French services for a Common Council meeting, please contact the office of the Common Clerk. Jonathan Taylor, Common Clerk 658 -2862 PROJETS DE MODIFICATION DE L'ARR£Tt DE ZONAGE ET D£ MODIFICATION DE CARTICLE 39 OBJET: 61, CHEMIN DRURY COVE Par fes presentes, on avis public est donne par lequel le Conseil communal de The City of Saint John indique son intention d'etudier la modification suivante a I'Arrete de zonage de The City of Saint John, et d'examiner une proposition, loo de la reunion ordinaire qui se tiendra clans la salle du Conseil le lundi 7 decembre 201Sa18h30: 1.Rezonage d'une parcelle de terrain dune superficie d'environ 7 497 metres carres, situee au 61, chemin Drury Cove, et portant le NM 55221980, de zone commerciale generale (CG) a zone commerciale — parcs d'affaires (CBP), comme le montre la carte ci- dessous; 2. Modification ou I'abrogation des conditions imposees en vertu de Particle 39, le 10 novembre 2003 et le 21 novembre 2005, relativement au rezonage de la propri@te precitee, pour permettre la presentation d'une proposition revisee. RAISON DE LA MODIFICATION: Permettre une aire de stationnement et un acces pour camiuns sur la propriete adjacente situee au 65 chemin Drury Cove/30 promenade Stonegate. Toute personne interessee peut examiner le projet de modification au bureau du greffier communal ou au bureau du service de la croissance et du developpement communautaire a I'h6tel de vine situe au 15, Market Square, a Saint John, au Nouveau - Brunswick., entre 8 h 30 et 16 In 30 du lundi au vendredi, sauf les jours feries. Veuillez faire part de vos objections au projet de modification par ecrit a I'attention du soussigne a I'h6tel de ville. Si vous avez besoin des services en fran4ais pour une reunion de Conseil Communal, veuillez contacter le bureau du greffier communal. Jonathan Taylor, Greffier communal 658 -2862 Ad Number: 7959268R Ad ID: 7078506 Ad Legacy: 7959268 Current Date: Oct 05 2015 03:02PM Start Date: 11/12/2015 End Date: 11/12/2015 Color: B/W Client Approval OK ❑ 150 Corrections ❑ (aussi disponible en franfais) Type of Application ❑ Municipal Plan Amendment ❑ Subdivision ❑ Similar/ Compatible Use Zoning By -law Amendment ❑ Variance ❑ Temporary Use LW Amendment to Section 39 Conditions ❑ Conditional Use ❑ Change I Re- establishment of ❑ Zoning Confirmation Letter ❑ Letter for Liquor Licensing Non- Conforming Use Contact Information Name of Applicant >.! e +1V�L v`� � 1` �i'e S Mailing Address of Applicant (with Postal Code) C o tV V r Home Telephone Number 570( �,SJ6 iS tDfl�3 Work Telephone Number Fax Number Name of Property Owner (ifdifferent from applicant) Mailing Address (with Postal Code) E -mail -k,4 Q-6 A i .5 t) el e VA t i 6D't 1 Qrs . Property Information ,1����/' i Location V V!`rJ e,✓� A� .� 1 Civic Stre&J PID f` t Existing Use of Property e"_ C-.:7r ki Proposed Use of Property an Existing Plan Designation of Property Proposed Plan Designation of Property —j P Existing Zoning of Property C Proposed Zoning of Property p Description of Application Describe what } ou propose to do (attach additional pages if necessary). i NOTE: If the applicant is NOT the owner, the O es signature or authorization (in writing) to su mit thi46on required. Signature of Applicant r f_L z — Signature of Owner Date 1 37 1-S Date �� For Office Use Only Reviewed by DateL' LVev&lopment Officer Information Accompanying Application: ti �etter of Intent El Tentative Subdivision Plan El Floor Plans z'site Plan ❑ Building Elevations ❑ Sign Drawings Pee C ❑ Other P.D. Box 1971 Saint John, NB Canada E2L 4L1 www.saintjohn.ca C.P. 1971 Saint John. NA. Canada E2L 4L1 mron «s..a pa. - ti.4lti't' Itilih 151 Ref. #cl5 -102DP Attention: Jody Kliffer The City of Saint John Building and Inspection Services Saint John, NB October 2, 2015 Dear Mr. Kliffer, Re: Case Number 15 -0099 65 Drury Cove Rd. / 30 Stonegate Dr. Please find enclosed our submission for resolution to aforementioned case number. Detail of Violation During the original construction of the building, concrete curbing was provided from the Property to the street (Drury Cove Road), however the presence of the curb on the Southern side of the entrance prohibited truck entrance into the property. We were unaware that removing this obstacle to the use of our property violated our Zoning. Unauthorized use of adjacent property PID 55221980. This was purchased on January 2, 2014 by Dennison Properties to facilitate the expansion of the business. It is currently Zoned CG, we were unaware that we were prohibited to use this property, and the seller did not disclose this to us. Due to the Companies growth, we have added 45 jobs to the Drury Cove Facility. This exceeded our existing capacity for parking. Detail of Solution We propose to rezone property PID 55221980 to the zoning of PID 55187736, and add an approved parking lot and landscaping to PID 55221980, The design of the solution will permit the following positive situations: • Permit Employees to park on the site, and facilitate more employment to the Drury Cove location. • Permit transport trucks to turn within the property — currently the driveway design (with removed curb) requires the transport trucks to back into our property from Drury Cove Road. o Although we typically only have 2 -5 trucks per day, obstructions to Drury cove is very limited, and traffic delays rarely occurs. The top of Drury cove Road has a blind noel, thus not having the trucks back in, could prevent a possible accident. o Unfortunately, due to last winter's excessive snow, we did have two occurrences where Transport Trucks got stuck backing into our property, thus blocking Drury Cove road, and thru traffic. This obstruction was due to Drury Cove Road not being plowed. The inadequate plowing required us to contract our own Company to plow Drury Cove Road, and Stonegate drive. 152 Currently the property PID 55221980 is undeveloped, and the addition of the parking lot and the landscaping, will significantly improve the aesthetics of the property. Please find enclosed the following: 1. Application form. 2. Cheque for $2,500 for the application fee. 3. Pictures of existing property. 4. Detailed plan of parking lot construction. Please feel free to contact me if you have any questions, concerns, or comments. Best Regards Kevin Dennison President 153 �� ,� cry ^�.. -,_ ,: >p�;' � ..-- .+uv.�:a '! ,.._....,_.rte_.. e,r -. , ( [ , Received Date December 01, 2015 Meeting Date December 07, 2015 Open or Closed Open Session His Worship Mel Norton and Members of Common Council Your Worship and Councillors: Subject: FCM Update Background: As the FCM representative I attended the Board Meeting held on November 17th to 20th in Ottawa. Normally this Board Meeting is held in Ottawa on a yearly basis in order to give the Board Members of FCM an opportunity to visit with the Federal Ministers. This year was an exception as many of the Federal Ministers had not opened up their offices as of this time as they are newly elected. I did attend the Board Meeting for the two committees that I sit on; Standing Committee on Community Safety and Crime Prevention and Standing Committee on Municipal Finance and Intergovernmental Arrangements. The most importance subject throughout the entire agenda was the importance of Municipal Government representatives making contact with their Federal representatives and working together to improve programs and funding for all municipalities through infrastructure programs. There is great hope that the newly elected Federal Government representatives will realize and understand that Cities play a major role in our country. The largest majority of our population live in our cities and therefore the Federal Government should feel obliged to work with us and improve our funding so that all Canadians will have a better quality of live. FCM has developed a plan for the Federal Government titled "Cities and Communities: Partners in Canada's Future" The first 100 days in Government. I will have the Common Clerk's copy this plan for all Members of Council. Motion: Receive for Information. Respectfully Submitted, (Received via email) Shirley McAlary Councillor at Large City of Saint John l� - VU SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 41-1 1 wvwvsaintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E21- 41-1 156 THE FEDERATION OF CANADIAN MUNICIPALITIES (FCM) IS CANADA'S NATIONAL VOICE FOR LOCAL GOVERNMENTS. WITH NEARLY 2,000 MEMBERS REPRESENTING 90 PER CENT OF CANADA'S POPULATION, FCM WORKS ON BEHALF OF A STRONG AND UNITED MUNICIPAL SECTOR. WE BELT EVE THAT THE SOLUTIONS TO SOME OF CANADA'S BIGGEST NATIONAL CHALLENGES ARE FOUND IN OUR CITIES AND COMMUNITIES. FCM is ar indispensable partner in -irow ng the ec:,niJmy, creating jobs and ensuring a high quality of life t r all Canadians. We have a strong track r2rord rf collaboration at the federal Iev..,l working closely to advance shared prlarities. This is what municipal governments do best; :ongage Canadians, find ;r_•Iutions, and deliver meaningful ar_tion. Mayors and nnuniclpaC leaders, through F`-W ara offering to the new t?deral government a plan for how we can partner to strengthen Canada' °S future. We have an opportunity and the responsibility to get it right from the beginning — the first 1 +?0 days of government. The Federal - Municipal Partnership and Our Shared Priorities AFFORDABLE HOUSING Together, we can make it easier for Canadians to find an affordable place to call home, Housing that is affordable for neWC04ner3, young people the middle class and seniors alike is es,,ential for a bright future and the key to labour mobility. Protecting rapidly expiring federal investments in social housing will help keep vulnerable senior: in their homes and out of the health care system and ease the serious strain )Ti -�ur social housing system. municipalities are ready tw : a! *.recto sustain and renew social housing, improve housing affordabilk v. =an;i lay the foundation for communities that can meet the needs o anadians. lin 4 CA^:lAF)IANh 1.k/11 L RG A SENIOR BY 2036 51.6 Billion IN ANNUAL FEDERAL FUNDING FOR SOCIAL HOUSING WILL DECLINE TO $0 IN 20 YEARS fvlunicipalities own. oper,te, and maintain most of the 3.400 wastewater treatrrient systems in Canada, safeguarding public health and keeping our rivers, lakes and coastlines clean. FCM can help build the partnership necessary to upgrade wastewater .reatment infrastructure to meet federal regulations. Nfluniclpalities are responsible for roughly 60 per cent of Canada's total policing expenditures and are on the front lines of emergency response. FD^rl is ready to work with the federal government to develop a more Comprehensive approach to policing, crime prevention and emergency management that keeps our comm=unities safe. FClvl is ready to partner to design and mobilize efficient and effective infrastructure investments that are necessary to support the competitiveness and prosperity of our communities. With a stable, long -term commitment to invest in infrastructure,. cities and communities will get people and goods moving and ensure a high quality of tlife for all. It's no cdincidence that some of the most dynamic cities in the world — those that are great places to live and engines for their national economies — have some of the very best rapid transit system_. FCM can help build the critical federal - municipal partnership needed to reduce congestion and air pollution, while increasing transit options for Canadians and growing Canada's economy. With increaser) climate volatility, Canada's cities and comrnunires are at risk for more intense floods and storms. FCM is ready to work with the federal government to respond to this challenge by assessing local risks and making our infrastructure more resilient to extreme weather. Canada's local governments can also help meet national targets for reducing greenhouse gas emissions through innovative local actions. EVERY DOLLAR INVESTED ®DAY WILL, AVO I D I D TO $38 IN FUTURE INFRASTRUCTURE DAMAGES Received Date December 02, 2015 Meeting Date December 07, 2015 Open or Closed Open Session Deputy Mayor and Members of Common Council: Subject: Syrian Refugee Crisis i1• •in Common Council fully support the efforts of the Governor General to build community support and assistance for the arrival of Syrian refugees and that Council encourage all Saint John residents, organizations and businesses to become involved to the greatest extent possible Respectfully Submitted, (Received via email) Mel Norton Mayor City of Saint John l� - VU SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 41-1 1 www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E21- 41-1 159 Q , ifjio K\ COUNCIL REPORT M &C No. M &C #2015 -259 Report Date December 02, 2015 Meeting Date December 07, 2015 Service Area Finance and Administrative Services His Worship Mayor Mel Norton and Members of Common Council SUBJECT: 2016 General Operating Budget OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner /Dept. Head City Manager Kevin Fudge Kevin Fudge Jeff Trail RECOMMENDATION It is recommended that Common Council reflect upon this report and make any and all inquiries and provide feedback to staff; and receive and file this report. EXECUTIVE SUMMARY The Purpose of the Report is to submit the proposed 2016 General Fund Operating Budget for Council Consideration. PREVIOUS RESOLUTION Not Applicable STRATEGIC ALIGNMENT Common Council has pursued a strategic and focused approach to establishing its priorities over its four year term. On September 8, 2015, Common Council participated in a priority setting session to determine the projects and service initiatives that will be undertaken during the remainder of its term. The session also provided important feedback for the City Manager in setting guidelines for the 2016 service based budget. The proposed General Operating Budget is based on the commitments and priorities of Common Council. The report also highlights some of the issues and challenges facing the community in the months and years ahead. 160 sa REPORT INTRODUCTION The recommended General Operating Budget for 2016 achieves Council's goal of holding the line on the tax rate while maintaining current services and service levels that focus on community priorities (roads, recreation, and development). The proposed General Operating Budget includes a stable tax rate of $1.785 with gross expenditures of $151,542,184, which represents a 0.26% increase over 2015. The expenditures will be funded by property tax revenues of $120,141,178, a grant transfer from the Province of $19,923,206, and revenues from other sources of $11,477,800. The proposed 2016 budget will be the eighth straight year without a property tax rate increase. This has generally been achieved without significant impacts on service levels to the community; however the City will face fiscal pressures in the near future unless there is future revenue growth and operating efficiencies garnered through a primary focus on revenue generation and continuous improvement initiatives. The growth in property tax revenues of ($1.8M) will be offset by a reduction in the equalization grant ($1M) as well as declining building permit revenue stemming from the current economic climate. In addition, the budget in 2015 was positively impacted by a carryover surplus from 2013 of $567k. In 2016, the budget is negatively impacted by a carryover deficit from 2014 of nearly $800k. Growth and Community Development Services Services under Growth and Development are instrumental to the City's ability to achieve assessment base growth. Pivotal in that success will be the final implementation of the One -Stop Development Shop Service model including the launch of the front counter and adoption of bylaws in first quarter of 2016 and ongoing training and service improvements. The One -Stop Development Shop is a significant enhancement to the City's development service that better supports economic growth, is more responsive to customer needs, and facilitates sustainable growth for our community. In 2016, the Heritage Conservation Service area will be fully integrated with the One -Stop Development Shop, with permit applications being made at the single development service front counter. Heritage permits, starting in 2016, will be tracked and recorded in the same way as other development - related permits, improving application tracking and management, statistics and reporting, turnaround times and accountability, and providing consistent service delivery. 161 -3- In addition, 2016 will see the launch and implementation of new Urban Development Incentive programs which will serve as a catalyst for sustainable growth and housing intensification in the Uptown Central Peninsula. Staff will also continue to provide support for the Energy East NEB working group's preparation for the upcoming NEB hearing process, which if successful, will contribute to the City's tax base in the longer term. The City will continue to collaborate with Enterprise Saint John and other economic development agencies to ensure service area commitments support implementation of True Growth 2.0 Economic Strategy priorities. This includes a financial investment in the four economic development agencies (SJIP, DMO, SJWD, and ESJ). The current budget proposal identifies a total investment into economic development of $1,900,600 for the 2016 fiscal year. This represents a reduction of $120,000 from 2015 which was identified through a recent review of the agencies. Greater emphasis will be placed on the four agencies in 2016 to demonstrate how this investment is tangibly contributing to revenue growth in the city through sustainable tax base growth. The Priority Neighborhood Service Agreement Initiative will focus on the main organizations in the City's priority neighborhoods including West Side PACT, PULSE, ONE Change, Crescent Valley Resource Centre, Waterloo Village Association, Around the Block Newspaper and Teen Resource Centre. The partnership promotes and delivers community based projects and programs that contribute to sustainable neighborhoods and healthy communities through facilitation, partnerships and use of City facilities. Staff will develop an agreement that outlines the commitment of these organizations to deliver initiatives in their respective neighborhoods that focus on engagement, social impact, recreation and community programming. The proposed budget for 2016 includes funding for Priority neighborhoods to restore to pre -2015 levels of $152,000. These funds have been reallocated from the community development grants envelope with the intention of establishing service level agreements with neighborhood organizations as per a council resolution in August 2015. The Community Grant Program ($137,723) provides three opportunities for funding through an application process: 1) organizational assistance, 2) community projects, and 3) special events, with oversight provided by the Community Grant Committee. The City continues to move forward in implementing recommendations approved in PlaySJ. In 2016, the main focus will be the rationalization of parks and playgrounds with an emphasis on quality over quantity. The City also continues its obligations to fund the Imperial Theatre, Aquatic Centre, Arts Centre and Harbour Station through oversight of the Regional Facilities Commission. 162 -4- Support for community based programs and events such as PRO -kids ($100,000), New Year's Celebrations ($15,000), ECMA awards ($50,000 to be budgeted in 2016 and $75,000 in the 2017 budget), Remembrance Day Ceremonies ($2,000), the Heritage Grant Program ($120,000) to support reinvestment activity, the Community Development Fund ($50,000) and the Community Arts Awards ($35,000) are also included. The overall budget for Growth & Development Services is reduced by 1.3% compared with prior year. Contributing to this is a combination of new revenues associated with permitting, efficiency improvements within the Economic Development Agencies and the deferral of the filling of a vacant Deputy Commissioner position. Public Safety Services Public Safety services are important for the success and sustainability of any healthy community; it is also a significant portion of the General Operating Budget with 34% of the proposed budget being allocated for Public Safety. The Saint John Board of Police Commissioners submitted a budget that reflects a 0% increase over the 2015 Operating Budget envelope. Much like the City, the Commission is facing certain fiscal challenges with respect to rising wage and inflationary costs. Given the fiscal challenges facing the City, the recommendation is that Commission finds further reductions in operating costs by an additional $270,000 through productivity improvements and efficiencies. Fire and Rescue Services involves the delivery of six public services to the community that focus on reducing loss of life, personal injury, property damage or impact on the environment caused by fire, accident, medical emergency, or hazardous materials release (accident or malicious), and through code enforcement and public education activities. It is expected that Fire operations, though operational efficiencies, will reduce operating costs by approximately $90,000 from the 2015 budget. The proposed Public Safety Services budget for 2016 is 1% less than prior year. Transportation & Environment Services The Transportation & Environment Services includes Roadway Maintenance, Sidewalk Maintenance, Pedestrian and Traffic Management, Stormwater Management, Solid Waste Management, Parks and City Landscape, and Recreation and Sports Facilities. The combined services represent 25.5% of the overall General Operating Budget. Investing in roads, asphalt, curb and sidewalk infrastructure is a priority for Council as well as for the entire community. The combined funding in both the proposed 2016 General Capital Budget and the proposed 2016 General 163 WE Operating Budget is approximately $7.4 million dollars, which is comparable with $7.3 million dollars invested in 2015. Stormwater management provides neighborhoods, roadway users and adjacent property owners with functional drainage systems. In addition to supporting the development of a Stormwater By -law, 2016 initiatives include a focus to continue with ongoing stormwater infrastructure inventory condition assessments and local drainage projects. Under the Solid Waste service, it is recommended that the City discontinue the White Goods Program given there are private sector options available for disposal of white goods year round. Elimination of this program represents cost savings of $25,000 in 2016. Currently fees for ballfields and multi - purpose fields bring in annual revenue of approximately $90,000 which represents a rate of cost - recovery of 7 %. This means that for every $1 participants put in the taxpayer puts in $13. Some of the field rental rates are as low as $2.50 /hr of field time. There have been improvements made to a number of these facilities over the past few years and it is reasonable to increase fees to achieve a higher level of cost recovery. The hourly charges and tournament fees for these fields would be updated to be more consistent in terms of cost recovery, and to bring in additional revenues of $93,000. Arena fees are also proposed to increase by 5% for the 2016/2017 season. Given fiscal pressures in 2016, Phase 2 of the Transportation Plan will be deferred to 2017. This deferral provides an opportunity to allow adequate time for the transition of new Senior Management in Saint John Transit and the Saint John Parking Commission in 2016, ensuring they are fully involved and engaged in developing the strategy. Delaying this project in 2016 will save $200k which will need to be spent in 2017. The Safer School Zone program will see improvements on streets around 2 of the remaining 13 elementary and middle schools in 2016. A public transit system is a contributing component to a vibrant community. The proposed 2016 budget commits approximately $7.2 million in operating and debt service subsidy ($5.4M + 1.8M) to the Saint John Transit Commission compared to $5.4M + $1.7M in 2015, and representing 4.74% of the City's overall budget. This level of funding may require a reduction of service hours outside the City's primary development area. It is recommended that a review of the utilization of the bus service be conducted by the incoming CEO in early 2016 to determine the best value for money with consideration to ridership, routes, cost of service, and fares. 164 sm The overall Transportation & Environment Services budget is 0.3% less than prior year and maintains significant overall investment in road work as directed by this Council's priorities. Finance & Administration Finance & Administration Service includes Financial Management services as well as Asset Management Services, including Procurement, Risk Management, Fleet Management, Facilities Management, and Real Estate. With recent financial challenges it is vital that in 2016 a continued focus be placed on sustainable financial planning with a focus on debt management and asset management policies. The cost of liability insurance premiums and insurance claims are expensive requirements for the City of Saint John. The investment in risk management has assisted in reducing claims and has brought proactive risk management acumen corporate wide with a focus on loss prevention and cost control. These practices and new policy development will continue in 2016. Proactive risk management has saved the City $397K in 2015 and that trend is expected to continue. Fleet Operations is in need of a new business model. The internal fleet rate structure must be reviewed to ensure the full cost of service is assigned to service areas which will incentivize more careful and efficient use of the fleet and drive cost savings. Redesigning the City's fleet operation and rate structures will be an area of focus for 2016. The overall Finance & Administration Services budget is 1.4% more than prior year. This is largely attributed to fleet maintenance costs that were retained in Fleet and not billed back to the services based on the nature of the fleet rate structure. Strategic Services Strategic Services includes Human Resources, Corporate Planning, Corporate Communications, and Information Technology which support all City services, including a number of the City's Agencies, Boards and Commissions. Strategic Services provides direct support to City Manager's Office and Common Council with respect to corporate planning, citizen engagement activities and technology. This involves leading or actively supporting over fifty different corporate projects including, preparations for the NEB regulatory process, business continuity planning, Open Data, the Safe Clean Drinking Water Project (SCDWP), Customer Service, Information Management, and One -Stop Development Shop initiatives. 165 -7- In addition to finalizing two collective agreements (Firefighters and Inside workers), the Human Resources team will focus their attention on a number of strategic initiatives to enhance organizational capability. Initiatives will be planned and delivered to advance workforce development, employee performance management and health, safety and wellness. Corporate Planning will lead the newly elected Council in developing their priorities for the community for their term. These priorities will not only guide Council's decision - making with respect to policy, but provide the foundation for performance management and reporting. In 2016, a main focus of the Strategic Service Team, led by Corporate Planning will be the implementation of a new continuous improvement program. The program will be designed to follow similar models implemented by other municipalities to ensure that service delivery is cost - effective, with an initial focus on reducing operating costs to support the financial sustainability of the City. Beyond staff resources, approximately $100,000 has been allocated for training and external consulting required to ensure that resources are used wisely and realize the desired results of the program. The City will target cost savings of $500k in 2016 through continuous improvement. The savings are not reflected in the 2016 operating budget, however, it is anticipated that upon implementation, the savings will be fully realized in the 2017 operating budget. The Information Technology team will support the launch of the continuous improvement program with planned implementation of a number of projects that will result in savings across the organization. These include reducing software requirements and licensing by leveraging a one year subscription to Gartner technology, implementing an enterprise fax solution, telephony rationalization, and acceleration of the transition to virtual desktops. Information Technology will also continue to ensure that the City's information and data remains intact and secure and those communication systems remain operational 24/7 through careful asset management. Corporate Communications will be developing a framework to support strategic and timely communications to the community and our employees. The area will continue to support community facing and service area projects such as Passport to Parks, the Annual Volunteer Recognition Event, and Safe Clean Drinking Water Project. Corporate Communications will continue to support emerging communication requirements throughout the organization. The overall Strategic Services budget is 0.5% less than prior year. Contributing to this reduction is a combination of limiting paid advertising in favour of emerging communication technologies; implementing improvement projects to realize technology related savings; and relying on in -house staff to lead citizen and employee engagement. 166 ME Fiscal challenges The City, as is the case in many cities across the county, is facing fiscal challenges. Based on the latest tax base and equalization grant information released by the Province, the City has a 1.53% increase in tax base; however, the equalization grant has decreased by $1,012,102 resulting in a modest increase in overall revenue of about $800K. The overall tax base growth has been stagnant since its peak of 9% growth in 2009 to a negative 0.48% in 2014 and 0.56% in 2015. This has been reflected in the City's building permit revenues over the last few years, as revenue in 2016 is budgeted to be 28% lower ($250,000) than budgeted in 2015. While revenues have experienced minimal growth, expenditures, on the other hand, have gone up over the years. About 56% of the City's budget is in wages and benefits, and the incremental expenditures associated with the increases are outpacing new revenues generated. A five -year financial analysis shows that revenue growth of 3% is required to keep pace with expenditure growth. The fact that the City has had negative or minimum tax base growth over the last two years significantly impacts its ability to provide services at the current level. In order to avoid reductions in service levels in 2016, the draft budget proposes a one -time stop -gap solution of moving $1.5 Mil worth of road work from the General Operating budget to the General Capital budget. The original budget submissions include $2.2 Mil for road work. Considering investment in roads is a high priority for Council, the same level of investment in roads will be made but only $700K in funding will be made in the Operating budget; an additional $1.5 million in road work will be funded in Capital budget. This strategy should be considered a one -time decision as the approach is not sustainable. Debt service costs (principal and interest) currently account for approximately 10% of the operating budget. This Council has been fiscally responsible in controlling debt. A debt management strategy must balance debt retirement with the need to replace aging infrastructure. Based on existing debt levels, debt service costs are projected to trend upward for the next few years and then stabilize in 2019 if capital borrowings are not more than $12 million per year on an ongoing basis. One of the risks associated with borrowing long term is the interest rate risk. The long term borrowing rate is currently at its record low. However, it is likely that the interest rate will go up in the next few years, which will affect the amount that the City has to put aside to service its debt. Borrowing decisions made today create future fixed debt service payments that compromise flexibility to respond to changing operational circumstances in future years. The fiscal challenges the City is experiencing today are not limited 167 IRE to the 2016 budget year. It is more long term in nature. In the years to come, the City is committed to finding sustainable solutions, among those are to find new revenue sources and to find efficiencies through continuous improvements using proven methodology such as Lean six sigma. Establishment The approved establishment sets out the number of permanent employee positions included in the budget and acts as a control mechanism for Council in that any change in the total number of permanent positions requires Council approval. It is proposed that Common Council adopt a resolution establishing the number of positions to be funded in the budget at 645.5 for the coming year (inclusive of 5 local 18 reductions in 2015). In 2016 the City will be working towards optimizing the number of outside workers as provided for in the new collective agreement with Local 18. Conclusion The proposed 2016 General Operating Budget minimizes service impacts to the community, provides for a stable tax rate, and allocates funds on Council's priorities. Moving forward, the financial challenge will continue. Revenue generation and continuous improvement initiatives must be pursued in 2016 in order to avoid future service level reductions or tax rate increases. SERVICE AND FINANCIAL OUTCOMES Service implications related to economic, social or environmental impacts in the community. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Considerable input has been received from all Departments, and the primary Agencies, Boards and Commissions of the City. ATTACHMENTS 2016 PROPOSED GENERAL OPERATING FUND Residential Property Tax 118,325,922 120,141,178 Federal Payment in Lieu of Taxes (PI LT) 120,729 41,244 Equalization & Unconditional Grant 20,935,308 19,923,206 Surplus 2nd previous yr. 567,702 - Protective Services 1,350,200 1,270,200 Sports and Recreation 900,027 992,027 Emergency Dispatch 943,662 961,168 Administrative Support 2,153,000 2,271,000 Permits & Licenses 1,099,500 794,400 Parking 2,796,900 2,891,900 Rentals 845,504 1,031,561 Other 1,104,900 1,224,300 Total Revenues $151,143,354 ;, W. Mille Community PI an ni ng & Development Service 1,660,164 1,396,533 Development Engineering 432,278 524,659 Geographic Information Systems 326,379 364,834 Heritage Conservation 205,343 231,905 Permitting & Inspection Service & By -Law Enforcement 1,970,593 1,948,602 Tourism Service 1,000,000 940,600 Destination Marking Organization 1,000,000 940,600 Economic Development Service 2,521,497 2,574,179 Regional Economic Development (Enterprise) 475,000 446,800 Saint John Trade and Convention Center 569,420 619,314 Harbour Station 524,882 473,782 City Ma rk e t 952,195 1,034, 283 Urban Devel opment Servi ce 2,608,716 2,592,396 Saint John Development Corporation 275,600 259,280 Waterfront Development Corporation 171,633 - MarketSquare - Common Area 2,333,116 2,333,116 Industrial Parks Development Service 270,000 253,920 Saint John Industrial Parks 270,000 253,920 Neighourhood Improvement 566,194 667,313 Community Development 329,116 319,824 Neighbourhood Development 30,000 152,000 Loch Lomond Community Center 45,000 45,000 P.R.O. Kids 112,078 100,489 Community Development Fund 50,000 50,000 Community Development Service Grants 469,193 478,579 Library 469,193 478,579 Recreation, Parks & Cultural Programming 1,566,762 1,481,531 Recreation Programming 974,984 913,052 Contract Service - Boys & Girls Club 127,991 129,911 Contracted Service - YMCA -FGCC /MCC 171,633 159,085 Contracted Service - North End Community Centre 158,194 144,795 Cultural Affairs 118,960 119,688 PlaySJ Recreation Programming Grant 15,000 15,000 Arts & Culture Grants & Other Funding 722,315 681,762 Imperial Theatre 343,823 347,920 Saint John Arts Center 84,769 84,119 Arts and Culture Board 35,000 35,000 Public Art - Maintenance and Repair Budget 10,000 10,000 Unspecified Grants 231,723 137,723 Remembrance Day Ceremonies 2,000 2,000 New Year /Canada Day Celebrations 15,000 15,000 ECMA - 50,000 Total . wth & Community Development , Fire Rescue and Suppression Service 21,726,535 21,636,402 Water Supply and Hydrants 2,500,000 2,400,000 Emergency Management Service 292,601 316,239 Pol ice Services 24,269,759 23,999,759 Public Safety Communications 2,488,769 2,480,400 Street Lighting 1,030,000 937,300 Total • $52,307,664 $51,770,100 169 -11- Roadway Maintenance Service 12,586,777 12,129,407 Snow Control Streets 4,849,817 6,036,446 Street Cleaning 1,663,684 1,648,448 Street Services (Surface Maintenance) 6,073,276 4,444,513 Sidewalk Maintenance Service 1,898,367 1,801,681 Snow Control Sidewalk 907,160 1,092,271 Sidewalk Maintenance 991,207 709,410 Pedestrian &Traffic Management Service 2,352,228 2,124,882 Stormwater Management 3,385,292 3,609,988 Solid Waste Management 3,546,103 3,592,409 Engi neeri ng 484,575 501,353 Parks & City Landscape 2,985,833 3,133,337 Parks Maintenance 2,540,655 2,634,276 Lifeguards 120,663 158,24S Urban Forestry 279,515 295,816 Mispec Park 5,000 5,000 Saint John Horticultural Association 40,000 40,000 Sports & Recreation Facilities Service 3,919,850 4,040,753 Arena Operation &Maintenance 1,502,745 1,464,580 Sportsfield Operation & Maintenance 1,273,653 1,188,022 Other Facility Operation & Maintenance 388,740 404,733 Minor Hockey Subsidy 173,000 173,000 Aquatic Clubs 15,822 15,822 Lord Beaverbrook Rink 159,000 158,102 Aquatic Centre 406,890 636,494 Parking Service (Administration Support) 648,379 690,655 Administration Support 560,379 602,655 Grant - Property Tax 88,000 88,000 Tra nsit Servi ce 7,105,000 7,182,239 Transportation Total 404 $38,806,704 Finance • Administrative Services 2015 Approved 2016 Proposed Financial Management Service 3,159,670 3,001,188 F i n a n ce 1,873,663 1,695,452 Assessment 1,286,007 1,305, 736 Asset Management 6,893,698 7,194,601 Purchasing & Materials Management 1,061,631 1,048,413 Insurance Service 267,860 269,215 Liability Insurance 650,000 570,000 Fleet 1,190, 274 1,583,263 Facilities Management 1,150,203 1,116,755 Carpentry Shop 419,205 409,014 City Hall Building 1,824,110 1,878,337 Real Estate 330,415 319,604 Administrative Total Finance & 1 1 1 Strategic Services 2015 A•• rove • 2016 Proposed Human Resources 1,570,024 1,564,248 Corporate Planning 471,177 470,970 Corporate Communications 540,385 499,945 Information Technology 2,222,368 2,245,634 Total Strategic Services :0 :0 170 -12- City Manager 859,613 627,223 Lega 1 751,815 739,942 Common Clerk 662,296 642,938 Regional Service Commission 41,085 28,381 Mayor & Council 601,043 549,933 Mayor's Office 178,893 167,583 Council Total Legislated Services 422,150 $2,915,852 382,350 $2,588,417 Fiscal Charges 18,586,679 19,107,208 Pension & Benefits 9,244,000 9,356,810 Deficit 2nd Previous Year 799,546 Total Other Charges $27,830,679 .4 General Fund Surplus (Deficit) 171 ERR R"' 7 �r Budget Discussion 2016 Budget (%— December 2015 SAINT JOHN 172 MEAP SAINT IOHN ; I op EVE" O�p � ---w'dL- M Assessment base — Residential: stagnant during the last 2 years 49500,0009000 41000,000,000 3950090009000 3900090009000 295009000,000 2900090009000 1950090009000 1900090009000 50090009000 173 Assessment Base - Industrial (excluding LNG) Assessment Base - Residential SAINT JOHN N N N N N N N N N N 173 Assessment Base - Industrial (excluding LNG) Assessment Base - Residential SAINT JOHN ;I Op EVE" O�p ---WldL— do■ • Construction growth: Stagnant and negative $1,800,000.00 $1,600,000.00 $1,400,000.00 $1,200,000.00 $1,000,000.00 $800,000.00 $600,000.00 $400,000.00 $200,000.00 BUILDING PERMIT REVENUE $0.00 J �� oA ,yo ,yo ,yo ,yo ,yo ,yo ,yo ,yo ,yo ,yo 174 BUILDING PERMITS IMF �_ 1W SAINT JOHN ;I op EVE" 0�p � ---w'dL- do■ Equalization Grants 2006 -2016 $21,500,000.00 $21,000,000.00 $2095009000.00 $2090009000.00 $1995009000.00 $19,000,000.00 $18,500,000.00 $18,0009000.00 $1795009000.00 $1790009000.00 EQUALIZATION GRANT 'COO �y �y �y o �y �y �y 0 0 Oo 01 00 Oo ^o ^k ^ry ^'b AJO` ^h �o �o ep do do ,tio rp do do tip do f 4 175 EQUALIZATION GRANT Mv �- 1w SAINT JOHN ;I Op EVE" O�p � ­�IdL- ME • Wages &Benefits including Long Term Disability & Pension over the last 10 years Wages & Benefits including LTD and Pension (Budget) 90,000,000 80,000,000 70,000,000 60,000,000 50,000,000 40,000,000 30,000,000 20,000,000 10,000,000 N N N N N N N N N 76 Wages & Benefits including LTD and Pension (Budget) SAINT JOHN op EVE" E;e� � ---w'dL-M■ CPI and Wage Trends 60.0% 50.0% 40.0% 30.0% 20.0% 10.0% 0.0% 04 05 06 07 08 09 10 11 12 13 14 177 771 (Fire) SJPA (Police) 486 (Inside) 18 (Outside) Management - -CPI Impact SAINT JOHN P n AAM 00 o � �� �■ Capital budget reduced significantly in 2010 and beyond 90,000,000 80,000,000 70,000,000 60,000,000 50,000,000 40,000,000 30,000,000 20,000,000 10,000,000 `L61 `1�, `L��o (Lo,�►� `ti��� `L�<3 `LoN `Lo,�h 178 ■ Approved Capital Budget - Total ■ Approved Capital Budget - City Share SAINT JOHN Op EVE" E;e� � ==rd5=ME • Currently in low interest rate environment but may not stay low for long 6.000% 5.000% 4.000% 3.000% 2.000% 1.000% 0.000% FAT" "T .1111CM4 Laub O O O O O O O O O O O O O O O O O O O N N N N N N N N N N N N N N N N N N N 179 AVERAGE YIELD SAINT JOHN ;I op EVE" 0�p � ---�IdL- do■ Outstanding debt balances 2006 -2015 140,0009000 12090009000 10090009000 80,000,000 60,000,000 40,000,000 20,000,000 DEBENTURE BALANCE 2006 2007 2008 2009 2010 20112012 2013 2014 2015 :e SAINT JOHN ; I Op EVE" O�p � --.W1dL- M Fiscal Charges —Last 10 years: escalated fast during 2009 -2012, slowed down in 2013 -2015 Fiscal charges 18,000,000 16,000,000 14,000,000 12,000,000 10,000,000 8,000,000 6,000,000 4,000,000 2,000,000 SIN b4f SIN 44 b6i 44 b'di 4§1 V4 44 01 000 00�� 000 000 O ^O� O� ^� O ^�� O ^�� O ^�� O ^y� OP ti ti ti ti ti ti ti ti ti 10 181 Fiscal charges SAINT JOHN ®�mmrdbm dMm $170 Ln C $165 a, $160 a, o�c $155 $150 W Q. W $145 a, U .� $140 0 a 2016 2017 2018 2019 2020 Expenses Tax Base Tax Base Tax Base 0% Growth 1% Growth 3% Growth 182 SAINT JOHN r � e of -' 12 -,m- MMI, Comex Public Transit Routes Routes SAHVT JOHN as of November 2015 a f Transit Routes Intensification Areas PDA 183 bate. X 1, -, 5 JOHN F v -, _;e_ ppr--- 13 6 G: ?ir , Community Centres a City Operated (1) o Alternative Service Delivery (4) Privately Operated (10) • Decommissioned jS41412 015 (2) l� i f rPlanSJ _ Intensification Areas Primary DevelopmentArea Recreational Standards for Community Centres Existing Per--- RequiremerR Total R�q.1-d 15 1 1 per 5,000 people 14 27' 1012015 SAINT JOHN hi indoor Facilities 0 Arenas (6) 0 Public Pools (1 competitive & 1 non - competitive) a Curling Rinks (2 rinks - 11 sheets) 0 Proposed Multi-Plex 185 I s pla ns.11 MIntensification Areas Primary DevelopmentArea Recreational Standards for Indoor Facilities Note: Proposed decommissioning of arenas in conjunction with multi-plex project. 27ilo,201! I SAINT JOHN 15 1 _v a Q o o ° a �© pa ° 0 p 0 I \ O O O° a 7 o C7 I p ° O a O I I m 1 ' B$ p Playground Category 0 Regional (1) p District (5) o Neighbourhood (38) School (21) District Catchment Areas (2.5km) Regional Catchn+@Orea (5km) o, PlanSJ Intensification Areas o Primary DevelopmertArea a Decommissioned in 2015 (6) Proposed for Decommissioning in 2016 (7) Recreational Standards for Playgrounds Existing Per Capita RequiremerN Total Required 55 1 per 5,000 people 1 14 AINT JOHN — Finding new revenue sources; — Finding efficiencies through continuous improvement; — Reducing service levels or eliminating non -core services; — Long term financial planning, asset and debt management 16 187 IMF �_ 1W SAINT JOHN ne� � �Ifflmm dME Residential Property Tax 118,325,9 22 120,141,178 Fed era I Payment in Lieu of Taxes (P I LT) 120,729 41,244 Equalization & Unconditional Grant 20,935,308 19,923,206 Surplus 2nd previous yr. 567,702 - Protective Servi ces 1,350,200 1,270,200 Sports and Recreation 900,027 992,027 Emergency Dispatch 943,662 961,168 Administrative Support 2,153,000 2,271,000 Permits & Licenses 1,099,500 794;400 Parking 2,796,900 2,891,900 Renta I s 845,504 1,031,561 Other 1,104,900 1,224300 .. 17 SAINT JOHN nip J Service Based Budget 2016 2015 Percentage Change Growth & Community Services • : ', Public $51,770,1001 $52,307,6641 -1.0 Transportation & Environment Services :: : • ' . Financial Management Services : • �' • $4,780,7971 $4,803,9541 -0.5 $2,588,4171 $2,915,852 - 11.2% • - $29,263,5641 $27,830,6791 5.1 Total General Operating Budget 1 $151,542,1841$151,143,3541 0.3% Mr �- 189 lw SAINT JOHN ppp� " r / %�� Am Community Planning & Development Service 1,660,164 1,396,533 Development Engineering 432,278 524,659 Geographic Information Systems 326,379 364,834 Heritage Conservation 205,343 231,905 Permi tti ng & I ns pecti on Servi ce & By -Law Enforcement 1,970,593 1,948,602 Tourism Service 1,000,000 940,600 Economic Development Service 2,521,497 2,574,179 Regional Economic Development (Enterprise) 475,000 446,800 Saint John Trade and Convention Center 569,420 619,314 Ha rbou r Sta ti on 524,882 473,782 City Market 952,195 1,034,283 Urban Development Service 2,608,716 2,592,396 Saint John Development Corporation 275,600 259,280 Market Square - Common Area 2,333,116 2,333,116 Industrial Parks Development Service 270,000 253,920 Neighourhood Improvement 566,194 667,313 Community Development Service Grants (Library) 469,193 478,579 Recreation, Parks & Cultural Programming 1,566,762 1,481,531 Arts & Culture Grants & Other Funding 7221315 681,762 Total 190 14,319,433 14,136,813 SAINT JOHN lic Safety Services I I I I I ownw- Fire Rescueand Suppression Service 21,726,535 Water Supply and Hydrants 2,500,000 Emergency Management Servi ce 292.,601 Pol ice Servi ces 24,269,759 Public Safety Communications 2)498,769 Street Li g hti ng 1,030,000 Total F i ic Saf ety Se rvi ce s $52,307,Hi 191 21,636,402 2,400,000 316,239 23,999,759 2,480,400 937.300 SAINT JOHN T • Roadway Mai ntenan ce Service 12,586,777 12,129,407 Si dewy I k Ma i ntena nce Servi ce 1,898,367 1,801,681 Pedestri a n & Traffi c Ma nagement Servi ce 2,352,228 211241882 Stormwater Management 31385,292 3,6091988 Solid Waste Management 3,546,103 3,592,409 Engi neeri ng 4841575 5011353 Parks & City Landscape 21985,833 3,133,337 Sports & Recreation Facilities Service 3,919,850 4,040,753 Parking Admi nitrati on Service 6481379 690,655 Sa i nt Joh n Transit Service 711051-000 71-1821239 Total 38,912,404 38,806,704 192 IMF �- 1W SAINT JOHN 22 ' Ar PPM dam Financial Management Service 3,159,670 3,001,188 Finance 1,873,663 1,695,452 Assessment 1,286,007 1,305,736 Asset Management 6,893,698 7,194,601 Purchasing & Materials Management 1,061,631 1,048,413 insurance Service 267,860 269,215 Liability insurance 650, 000 570,000 Fleet 1,190,274 1,583,263 Facilities Management 1,150,203 1,116,755 C.a rp e n try Shop 419,205 409,C)14 City Hall Building 1,824,110 1,878,337 Real Estate 330.415 319.604 Human Resources 1,570,024 1,564,248 Corporate Planning 471,177 470,970 Corporate Communications 540,385 499,945 Information Technolo2v 2.222.368 2.245.634 193 SAINT JOHN 23 prppr P i City Manager 859,613 627,223 Lega 1 751,815 739,942 Common Clerk 662,296 642,938 Regional Service Commission 41,085 28,381 Mayor & Counci I 601,043 549,933 Mayor's [office 178,893 167,583 Council 422,150 382,350 Fiscal Charges 18,586,679 19,107,208 Pension & Benefits 9,244,000 9,356,810 Deficit 2nd Previous Year 799,546 General Fund Surplus (Deficit) - 194 SAINT JOHN Q , ifjio K\ COUNCIL REPORT M &C No. 2015 -256 Report Date December 02, 2015 Meeting Date December 02, 2015 Service Area Legislative Services His Worship Mayor Mel Norton and Members of Common Council SUBJECT. LNG Tax Concession OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author City Solicitor City Manager John L. Nugent John L. Nugent Jeff Trail RECOMMENDATION That this Report be received and filed. EXECUTIVE SUMMARY Common Council, as its Open Session Meeting held on March 14, 2005, resolved to support a municipal real property tax concession with respect to the proposed LNG facility in Red Head. The Mayor of the day, earlier in that meeting, informed Common Council that he had been advised by Mr. Kenneth Irving of Irving Oil Limited that: (1) without the tax concession, the LNG project would not proceed; and (2) the Council's decision must be made that day. Legislation establishing a preferential tax levy for a twenty -five year period was given Royal assent on June 20, 2005 and proclaimed into force on February 16, 2006. It established an annual tax payment of $500,000.00 for a period of twenty -five years commencing in 2006. It was estimated at the time that the "normal" municipal real property tax generated by such a facility would be between $3,000,000.00 and $5,000,000.00 annually. Approximately ten years later, in the early summer of 2015, CBC Radio reported that it had obtained copies of documents related to various aspects of the LNG project which revealed that Irving interests had secured annual revenues of several millions of dollars, including an annual lease payment of more than $12,000,000.00, and an after tax return on equity of sixteen percent (16 %) annually. 195 -2- As a result of the reporting in question, Common Council sought advice as to its accuracy and whether the City might have any legal recourse to ameliorate or eliminate the tax concession. Neither the City nor we're told, the Province, was informed of the extent of the financial benefit to the Irving interests as identified in the CBC reporting. As a result of examining the relevant facts and pertinent law, I have concluded that there is no reasonable prospect of the City's being able to successfully pursue legal proceedings to either recover an amount equivalent to some or all of the municipal real property tax conceded to date and /or to reduce or eliminate the tax concession applicable for the next fifteen years. This report addresses only the legal dimension of the tax concession matter. PREVIOUS RESOLUTION See resolutions of March 14, 2005 (2), March 29, 2005 and June 22, 2015, attached. STRATEGIC ALIGNMENT N/A REPORT Common Council, at its Open Session Meeting held on March 14, 2005, adopted two resolutions supporting a municipal real property tax concession with respect to the site of the proposed LNG project in Red Head. Earlier during the meeting at which those resolutions were adopted, the Mayor of the day advised Common Council that he had met with Mr. Kenneth Irving, of Irving Oil, and had been told by him that if Common Council did not support a tax concession, the LNG project would not proceed. Additionally, the Mayor stated that Mr. Irving had informed him that the decision on a tax concession need be made that same evening because of deadlines established respecting the potential project. In short, the Irving position as described by the Mayor to Council was straightforward: i.e., no tax concession, no project; and the decision was required before day's end. Four members of Common Council voted against the resolution to support a tax concession, and one, the Deputy Mayor at the time, placed an item on the Agenda for the Open Session of Common Council scheduled for March 29, 2005, giving notice of her intention to move a motion to rescind support for a tax concession. The latter motion was placed before Common Council on March 29, 2005 and failed. The Province was informed in due course of Common Council's support of a tax concession, and the legislature subsequently enacted, "An Act to Comply with 196 -3- the Request of The City of Saint John on Taxation of the LNG Terminal ". It was inaptly named inasmuch as it did not comply with the relevant Council resolution. However, the Council did not object. The latter received Royal assent on June 30, 2005 and was proclaimed into force on February 16, 2006. Ten years later in the early summer of 2015, CBC Radio reported that it had obtained copies of various agreements relating to the LNG facility and which agreements apparently had been finalized prior to the enactment of the tax concession legislation. The CBC made publicly available copies of the documents upon which its reporting was based. Those documents consisted of: 1. The Lease between Canaport Limited, an Irving company, as Lessor, and Canaport LNG Limited Partnership, as Lessee (hereinafter the "Lease "); 2. A Partnership Agreement of the Canaport LNG Limited Partnership which partnership consisted of Repsol Canada LNG Ltd., Irving Canaport LP Company, Limited, Repsol Canada Ltd. And Irving Canaport GP Company, Limited (hereinafter the "Partnership Agreement "); 3. A Terminal Services Agreement for the operation of the LNG Terminal (hereafter the "Services Agreement "). They were described as being copies of those documents filed by Repsol with the Tax Court of Canada in that company's appeal of a ruling by the CRA respecting an investment tax credit (Repsol Canada Ltd. v. Canada [2015] C.T.C. 2048) (hereinafter the "Repsol Judgment "). Those documents, the reporting claimed, revealed that Irving interests had thereby secured annual revenues of many millions of dollars. That reporting precipitated Common Council at its Open Session Meeting of June 22, 2015 directing that the claims reported be investigated and assessed. The Lease, the copy of which provided by the CBC is unsigned, indicates that Canaport Limited would receive lease payments of approximately $12.5M annually beginning in 2009 with a provision for possible increases based upon changing circumstances. The Services Agreement provides, amongst other things, that the partners to the LNG partnership are intended to receive an annual after -tax return on equity investment of sixteen percent (16 %). The partners included as noted, two Irving companies. We have attempted unsuccessfully to obtain a copy of the signed Lease. We had expected to be able to obtain from the Tax Court of Canada (the "Court ") a copy of the Lease as well as each of the other documents which have been filed with the Court. All were referred to in the Repsol Judgment. However, prior to Common Council's June 22, 2015 resolution, and unbeknownst to us, the Court on the motion of Repsol had issued an interim order sealing certain exhibits including the Lease, the Partnership Agreement and the Services Agreement. Following the CBC's reporting we had sought and received from the Court some 197 -4- documentation, and subsequently came to be informed by Legal Counsel for the Federal Crown, that certain exhibits including the Lease, Partnership Agreement and Services Agreement had been sealed and furthermore that a hearing to deal with the motion filed by Repsol for a continuation of the "sealing" was to be heard a few days later on July 29, 2015. As a result, we wrote to the Court stating that the City had a substantial interest in certain of the documents and might wish to seek intervenor status at the hearing scheduled to consider Repsol's motion. Accordingly, we requested that the hearing be postponed in order to permit Common Council an opportunity to receive legal and policy advice respecting a possible intervenor motion. The Court rejected our request. The Court confirmed by email of Friday, August 21, 2015 that the following documents " ... are included in the Confidentiality Order for an indeterminate period of time. As such, the documents have been sealed." The documents included the Lease, the Partnership Agreement and the Services Agreement. We were advised earlier this week by the Court's registry office that judgment remains "reserved" with the result that the documents remain unavailable at this time. Therefore, they cannot be used to confirm the accuracy or completeness of the versions of these documents made publicly available by CBC in its reporting. However, we have no reason to believe the latter are not complete and accurate and for the purpose of this correspondence, we are presuming they are indeed true copies of those filed with the Court. Eight members of Common Council who were present at the March 14, 2005 Committee of the Whole and Common Council meetings agreed to and did in fact speak about them with me. Though the meetings in question took place more than ten years ago, the recollections of those Common Council members were consistent on three points: first, that the Mayor of the day told members of Common Council that without Council's support for a real property tax concession, the LNG project would not proceed, secondly, that Council's decision was required at that meeting, and thirdly, that no one posed the question: "Why would the LNG project not proceed without the tax concession ?" Based on my conversations with members of the former Common Council, it is evident that only the Mayor of the day spoke with Mr. Kenneth Irving of Irving Oil concerning a tax concession, prior to the resolutions supporting a tax concession being adopted on March 14, 2005. The information which the Committee of the Whole or Common Council received of Irving Oil's representations in this regard was recounted by the Mayor of the day. In our discussions, the Mayor of the day told me that he had not made any notes of the meeting(s) he had with Mr. Kenneth Irving in this regard. It is noteworthy that three members of Common Council each recollects having received a phone call from Mr. Kenneth Irving at some time during the period following the adoption of resolutions on March 14, 2005 and prior to the subsequent meeting of Common Council held on March 29, 2005. At the latter Im -5- meeting the Deputy Mayor of the day introduced a motion to rescind an earlier resolution supporting the tax concession. In each case, those members recall Mr. Irving's asking if there was any additional information they required. Mr. Tait, a Councillor at the time, advised me that he responded to Mr. Irving that he should meet with Common Council. Mr. Tait also indicated that Mr. Irving agreed; however, such a meeting never took place, and we have no information as to why that was. The request made to the City for the granting of, or support for, the municipal real property tax concession, together with the resulting enactment of Provincial legislation, viewed against the backdrop that the LNG project appears to have been structured so as to generate significant annual revenue to the Irving interests, does not fit neatly into any pre- existing legal category in terms of possible relief being granted to the City. Based upon the position of Mr. Kenneth Irving as articulated to Common Council by the Mayor of the day, one must conclude that the Irving interests made no representation as to their anticipated financial benefit from the project, to either the Mayor or Common Council. In any event, there was no contract respecting this matter between the City and any other party, nor was or is there any expectation that such a contract ever be made. Consequently, the rules which might apply in a contractual context, such as the prohibition against misrepresentation during negotiations or unconscionability do not find obvious application in this case. Similarly, it is my view that it is highly unlikely that the Supreme Court's recent recognition of a duty to act honestly in the performance of contractual obligations would operate in the circumstances at hand (see BHASIN re: HRYNEW 2014 SCC 71). The common law status of a duty of good faith and fair bargaining in the context of contractual negotiations (as opposed to contractual performance or enforcement) is very tenuous and success of a claim by the City made on that basis is highly improbable at best in my opinion. It is very likely in my view that a court would characterize Common Council's decision and what took place in advance of that decision, to be essentially political in nature as opposed to commercial negotiations, and thus not giving rise to any duty of care owed to the City by Irving interests. Even if it were otherwise, the law would not support in my opinion a court's seriously entertaining a claim in negligence for economic loss arising from the Irving interests not disclosing to the City the specifics of the financial arrangements respecting the leasing and operation of the LNG facility. The City would be well advised in my view, when it is petitioned in the future to support preferential treatment or a significant concession, to seriously consider treating any exchanges in that regard as commercial negotiations, which if successful would be confirmed in a written contract. Doing so would pave the way for the application of the law respecting contracts, including the negotiations therefore and the enforcement thereof. 199 m SERVICE AND FINANCIAL OUTCOMES N/A INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS N/A ATTACHMENTS 200 91 -345 COMMON COUNCIL MEETING - THE CITY OF SAINT JOHN CITY HALL - MARCH 14, 2005 -7:00 p.m. RESOLUTION NO. 1 13 =61UMIRMIT- 3 Whereas the development of this project is dependent on the taxation levels on this property being set at a level competitive with similar existing and proposed terminals in Atlantic Canada and North Eastern United States and existing terminals in North America, Whereas the proposed project will create between 500 and 600 jobs during construction, result in an approximate direct injection of $26 million into the local economy and create 20 permanent jobs, Whereas the location of the terminal at the most eastern extremity of the municipal boundary will not impose any additional costs to the existing property owners of this community, Be it resolved that Common Council establish, insofar as it is within the City's authority, a specific LNG tax zone to comprise only those lands on which the actual LNG terminal, unloading facility and docks for the purposes unloading LNG will be located and further that The municipal tax rate as otherwise determined under paragraph 87(c) of the Municipalities Act be adjusted annually so as to fix the amount due to the City of Saint John from this specific zone at $500,000. per annum for a period of 25 years. Question being taken, the motion was carried with Deputy Mayor Hooton, Councillors Court, Tait and Titus voting nay. RESOLUTION NO. 2 RESOLVED that Common Council request the Provincial Government enact amending legislation which would enable The City of Saint John to alter the Municipal real property tax otherwise payable upon a liquefied natural gas facility to be located in the City, upon such terms and conditions as the Council deems appropriate. Question being taken, the motion was carried. 201 91 -378 COMMON COUNCIL MEETING — THE CITY OF SAINT JOHN CITY HALL - MARCH 29, 2005 RESOLVED that the motion adopted on March 14, 2005, namely; "RESOLVED that; Whereas the development of this project is dependent on the taxation levels on this property being set at a level competitive with similar existing and proposed terminals in Atlantic Canada and North Eastern United States and existing terminals in North America, Whereas the proposed project will create between 500 and 600 jobs during construction, result in an approximate direct injection of $26 million into the local economy and create 20 permanent jobs, Whereas the location of the terminal at the most eastern extremity of the municipal boundary will not impose any additional costs to the existing property owners of this community, Be it resolved that Common Council establish, insofar as it is within the City's authority, a specific, LNG tax zone to comprise only those lands on which the actual LNG terminal, unloading facility and docks for the purposes of unloading LNG will be located and further that, The municipal tax rate, as otherwise determined under paragraph 87( c) of the Municipalities Act, be adjusted annually so as to fix the amount due to The City of Saint John from this specific zone at $500,000. per annum for a period of 25 years" Be rescinded, and further, That the City Manager and appropriate staff prepare a report with recommendations related to the possibility of providing a property tax incentive to the developers of a proposed LNG Terminal. Such a report to touch on the subject from both a public policy and public process perspective and that the City Manager be encouraged to meet with the developers of the project in an effort to determine if the Municipality can assist in creating a competitive environment in order that the project can proceed. Question being taken on the main motion, the motion was defeated. 202 99 -476 COMMON COUNCIL MEETING — THE CITY OF SAINT JOHN CITY HALL - JUNE 22, 2015 11.3 LNG Tax Consession (Councillors McAlary and Lowe) On motion of Councillor Lowe Seconded by Councillor McAlary RESOLVED that in light of recent media reporting that Irving interests had secured, prior to the Legislature's enacting the LNG Tax Concession Legislation, arrangements respecting the lease and operation of the LNG facility which effectively guaranteed them a very substantial annual revenue, that the City Manager be directed to examine the documentation identified by the media together with any other available relevant documentation or information for the purpose of confirming whether that was the case and if so, whether Common Council or the Legislature had been so advised prior to the adoption of the legislation in question, and that the timeframe for reporting back to Council be completed within 60 days. Question being taken, the motion was carried. 203 Jun- ONES- "MAN% .0 , .-. 314 Lakeview Drive Subdivision& Variance ti The City of Saint John Community Planning & Development r. Growth & Community Development Services \ CLINT R Lee ' ✓ �j 2 site location APPROVALS R�istrafian Data \ \ \ 15 -03 15 °01 `� \ \ M. bank Pro \ \ \ \ 01 -C3 ` Property al -02 Po t , , ° 3471" 337. Ot 327 .� 4 319 .a t- r t C New development in Stable Residential areas must be gradual and reflect the the comm haracter of 21 y ZF N L \<I- 0 �n2 v R2 a� do 21 Lim IM 0 00 P� 0 IN F A variance is required to reduce the lot depth from 30 metres to 25 metres 0. 21 71 :IKOI I A I I A IN a to Noll [0 Staff recommend approval of the subdivision and variance Community Planning &Development Growth &Community Development Services ]PLANNING ADVISORY COMMITTEE November 18, 2015 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: Proposed Subdivision 314 Lakeview Drive The Committee considered the attached report at its November 17, 2015 meeting. Rick Turner appeared before the Committee representing the applicant, Canterbury Developments Ltd., and expressed agreement with the Staff recommendation. C The City of Saint John No other persons appeared before the Committee and five letters were received regarding the application (copies attached). All five letters express concerns about drainage issues that may result from the development of the proposed lots. One letter also expresses concerns regarding the proposed lot depth reduction. Mr. Turner addressed the drainage concerns expressed in the letters. He informed the Committee that he has received a Watercourse and Wetland Alteration Permit from the Province of New Brunswick to allow for the proposed development of the subject site. He also informed the Committee that the wet nature of the site is due in part to an existing undersized culvert previously installed by the City. After considering the report, Mr. Turner's comments, and the letters, the Committee adopted the recommendation in the attached report and granted the requested variance from the minimum lot depth requirement of the Subdivision and Zoning By -laws to permit the creation of Lots 15 -01, 15 -02, and 15 -03 with lot depths of 25 metres. The Committee imposed the following condition on the variance: Page `4 of 2 217 Canterbury Developments Ltd. 314 Lakeview Drive November 18, 2015 That the developer prepare a storm water management and grading plan for the review and approval of the Chief City Engineer or designate showing how stormwater will be managed on the three building lots and parcel prior to final approval of any subdivision plans on the subject site. RECOMMENDATION: That Common Council accept a proposed payment of cash -in -lieu of Land for Public purposes with respect to the submitted Tentative Plan for the subdivision of 314 Lakeview Drive. Respectfully submitted, Eric Falkjar Chair Attachments Page 2of2 218 I _10 The City of Saint John Date: November 13, 2015 To: Planning Advisory Committee From: Community Planning & Development Growth & Community Development Services For: Meeting of Tuesday, November 17, 2015 SUBJECT Applicant: Canterbury Developments Ltd. Owner: Canterbury Developments Ltd. Location: 314 Lakeview Drive PID: 55162457 Plan Designation: Stable Residential Existing Zoning: Two -Unit Residential (R2) Application Type: Subdivision & variance to reduce the Zoning By -law and Subdivision By -law lot depth requirement from 30 metres to 25 metres. Jurisdiction: The Community Planning Act authorizes the Planning Advisory Committee to advise Common Council concerning the vesting of a Future Street and or land for public purposes in conjunction with the subdivision of land. Page 1 of 6 219 Canterbury Developments Ltd. 314 Lakeview Drive November 13, 2015 SUMMARY The applicant proposes to subdivide the above -noted property into three lots and a parcel to provide access to the adjacent properties to allow for future subdivision. The proposed lots meet the minimum width and lot area requirements for development in the Two -Unit Residential (112) zone. However, they do not meet the Subdivision and Zoning By- laws' lot depth requirement of 30 metres. The proposed lot depths are approximately 25 metres. The requested variance can be supported as the variance is not significant in nature and reduced lot depths are common in the neighbourhood. In addition to the requested lot depth variance, the Subdivision By -law requires the developer to make a six percent Land for Public Purposes (LPP) dedication in the form of either land or money -in -lieu of land for the proposed lots. This would amount to an approximately 118 square metre dedication. The developer is proposing to provide money -in -lieu of land. Staff recommend Common Council approve the proposed money -in -lieu of LPP, RECOMMENDATION 1. That Common Council accept a proposed payment of cash -in -lieu of Land for Public purposes with respect to the submitted Tentative Plan for the subdivision of 314 Lakeview Drive. 2. That the Planning Advisory Committee grant the requested variance from the minimum lot depth requirement of the Subdivision and Zoning By -laws to permit the creation of Lots 15 -01, 15 -02, and 15 -03 with lot depths of 25 metres (82 feet). DECISION HISTORY The subject site was created on April 8, 2003 when the Golden Huxtable Subdivision located at 26 Lakewood Avenue received Development Officer approval for the creation of two building lots and a parcel for future development (the subject site). At its meeting on November 19, 2001, Common Council accepted a payment of money -in -lieu of land for public purposes with respect to the submitted Golden Huxtable Subdivision located at 26 Lakewood Avenue. On November 14, 2001, the Planning Advisory Committee granted a variance from the minimum lot depth requirement of the Subdivision By -law to permit the creation of Lots 2, 3 and a parcel for future development with lot depths of 25 metres. Page 2 of 6 220 Canterbury Developments Ltd. 314 Lakeview Drive November 13, 2015 ANALYSIS Proposal The applicant has submitted the attached tentative plan to subdivide a long lot into three lots and a parcel to provide access to the adjacent properties. The proposed lots all front on Lakeview Drive and have a 6 metre wide drainage easement at the rear to accommodate stormwater runoff. The applicant originally proposed that Common Council vest the parcel for access as a Future Street. The applicant has since decided to maintain ownership of the parcel due to concerns raised by Infrastructure Development regarding the lack of a master plan showing the future development of the street and adjacent properties. The parcel for access still meets the Subdivision By -law requirement that developers ensure the convenient subdivision of adjoining land. The proposal meets all the requirements of the Subdivision By -law and Zoning By -law with the exception of the proposed lot depths. The applicant has requested a variance from the By -laws to reduce the required lot depths from 30 rnetres to 26 metres due to the narrow width of the existing parcel of land. The developer is proposing to provide cash -in -lieu to meet the Subdivision By -law's land for public purposes dedication requirement. If the developer was proposing land, the required dedication would amount to approximately 118 square metres of land. Site and Neighbourhood The subject site is a long residential lot, situated on Lakeview Drive, in the Lakewood Heights area of East Saint John. Lakewood Heights is a suburban residential neighbourhood consisting primarily of one - storey and raised bungalows on suburban sized landscaped lots. The site has a frontage of 97.6 metres on Lakewood Avenue and the total area of the property is approximately 2,486 square metres. The property is low -lying and swampy, as can be seen from the contour lines on the attached tentative plan. Lakeview Avenue has paved driving surfaces, no curbs or sidewalk and storm drainage by means of an open ditch or swale running parallel to the travelled road. This style of street development is typical of most of the Lakewood Heights neighbourhood. Municipal Plan and Rezoning The subject site is designated Stable Residential in the Municipal Plan. These areas are intended to accommodate housing of almost every type and density and are expected to evolve gradually over time through infill development. This proposal is in keeping with the Plan goals for the area as it is infill development along an existing public street. Furthermore, the proposal meets the Plan goal for development in these areas to "reinforce the predominant community character" as the lots are intended for residential development. 221 Page 3 of 6 Canterbury Developments Ltd. 314 Lakeview Drive November 13, 2015 The site is zoned Two -Unit Residential (R2) and therefore the three proposed lots can accommodate future residential development. Variances The proposed lots meet the minimum width and lot area requirements for development in the Two -Unit Residential (R2) zone. However, they do not meet the Subdivision and Zoning By- laws' lot depth requirement of 30 metres as the proposed lot depths are approximately 25 metres. The applicant has requested that the Planning Advisory Committee grant a variance to permit the reduced lot depths. The proposed reduced lot depths are typical of many properties in this subdivision. For example, all of the lots on the opposite side of Lakeview Drive have similar lot depths that are in the 23 -metre to 25 -metre range. While this proposed reduction restricts, to some extent, the depth of the resulting dwelling, it is not out of character with the overall area. Furthermore, on November 14, 2001 the Committee granted variances to permit reduced lot depths for the lots proposed at the time the subject site was proposed as a parcel for future development. For these reasons, Staff support the requested lot depth variance. Subdivision The applicant proposes to subdivide the subject site into three lots and a parcel to provide access to adjacent lands to allow for further subdivision. The parcel would not be labelled as a Future Street on the final subdivision plan and it is to be indicated on the plan that the parcel is not to be conveyed as a building lot. The parcel proposed for access has a width of 20 metres. 20 metres is the minimum width required for the development of a Local Street in accordance with the Subdivision By -law requirements. The developer selected the location of the access to allow for the future development of two streets that would enable the efficient subdivision of the adjoining land, which consists of deep parcels. At this time, however, the developer is not contemplating the subdivision of the adjacent lands. To fulfil the Subdivision By -law's land for public purposes dedication requirement, the developer proposes to provide cash -in -lieu of the 118 square metre land dedication that would otherwise be required. Conclusion Staff support the proposed subdivision as it meets the Municipal Plan vision for Stable Residential areas, Zoning By -law lot area and width requirements, and Subdivision By -law requirements. The Municipal Plan requires that new development in Stable Residential areas "reinforce the predominant community character" and the proposed lots are reflective of the existing development pattern in the neighbourhood. As the proposal is for subdivision to accommodate infill residential development along an existing street, it is an example of the gradual evolution of an existing neighbourhood and can therefore be supported. Page 4 of 6 222 Canterbury Developments Ltd. 314 Lakeview Drive November 13, 2015 Although the proposed lots do not meet the minimum lot depth requirement of the Subdivision and Zoning By -laws, they are not out of character with many existing residential lots in the neighbourhood. Consequently, the requested lot depth variance can be supported. Staff also support the proposal to provide cash -in -lieu to fulfill the land for public purposes dedication requirement. ALTERNATIVES AND OTHER CONSIDERATIONS No alternatives were considered. 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 property on November 2, 2015. SIGNATURES AND CONTACT Prepared by: Kristen Flood, MPI Planner Contact: Kristen Flood Phone: 506.658.4528 E -mail: kristen.flood @saintjohn.ca Project: 14 -523 Approved by: Mark Reade, P.Eng., MCIP RPP Senior Planner Page 5 of 6 223 Canterbury Developments Ltd. 314 Lakeview Drive November 13, 2015 APPENDIX Map 1: Site Location Map 2: Municipal Plan Map 3: Zoning Map 4: Aerial Photography Map 5: Site Photography Submission 1: Tentative Plan 224 Page 6 of 6 �5{ \ldl 4�~ '7b- �'3 � 3 n E- z � do 7, m w 7A. QO O?r� 225 dv _,Jop� OQ` s'00 ell 7� Oy I �a`o� 0 Y� u� d �u ¢5� Q� 109- leo �G tiQ Y� QPv �y do u 4 C LO E =v- o O Y `; L N '0 O8 UO o v� co t J CO) 1 C E a M-Ep c� i a �5i 3 1100 0 7� Q $ 226 yes. 0 no QAy`o5i C LO E O LO N C i U"Q _ O I OO of Z�.. U� .ac "�'► n. o LJL CL E 76 �j ?r O¢' '7A- °o o� 0,1 ID?- 5vID?- 227 K �y\05 O G� W C C O U M r- LO E C C LO O (+7 N C_ U} p °o° U ?� v� �a H CD a� i4s T3 U CZ 0 S i2iwx ti7P C E O , E U .) [� 0 0 a 0 0 .D as U LL `% +tom-+ � � ' � ' '� ti +tpt•. a 4 ' 4 c tf3 CN �: r-• 1 0 V +' CO p p V 1p T. CD `�' w �. �'i yt w, - . `i.� 1�'f �' ^ } Y • �r .ei �� L w,,rra.arr7�..7 vac• . * .i•" 1 i CD fit r ;t ►ter �' ;''!.�f`w '� p , t � � �' it � ^I I... � C q Z 'I' na vl.� 4z- co z 71 r f4 C3, Ilk Ir 229 Lockhart, L ny rya From: Jim and Marie <jimar @nbnet.nb.ca> Sent: November -12 -15 1:57 PM To: External - Planning Subject: proposed subdivision &variance 314 lakeview drive In regards to the proposal of 3 new lots being put in the SWAMP on lakeview drive I AM VERY concerned that the displaced water will end up in my back yard . That area is always full of excess water and during the spring it is up to the street level therefore it will need an area to move and when the fill for all the new lots is in place it will just revert backwards onto my property . We have drainage problems each spring as in recent years a new rock wall was constructed just down the grade from the school on same side as these new lots are going the ditch is full to street level at times so where will all the new drainage empty this excess water to. I am opposed to these lots being developed if the water problem is not taken care of . Just wondering how they will manage so much water as our drainage now is a major issue and can they legally assure me my back yard will remain a source of enjoyment without major water issues Thank you Marie McLaughlin 47 Willie Ave 230 Good, Jillian From: Sent: To: Subject: Planning advisory committee, bonniekiervin <bonniekiervin @gmail.com> November -17 -15 4:14 PM Good, Jillian Proposed subdivision & variance 314 Lakeview Dr. -44 Please be advised that Mark & Bonnie Kiervin from 327 Lakeview Dr. are opposed to this bylaw variance. Reasons why: 1) Duplexes can decrease the value of the existing homes in the neighborhood. 2) Decreased lot size can Lead to less parking/on street parking. 3) Decreased lot size means less back yard therefore living space is done in the front yard (Example: kids /pets /yard items) 4) no front yard therefore the homes are that much closer to the road which decreases the esthetic of the neighbouring homes. 5) existing water run off (these lots are marsh) will then back up into existing homes. Thank you, Bonnie Kiervin Sent from Samsung Mobile 1 231 *OP I� gale, RI -44 Good, Jillian From: Maxine Ricketts <maricketts @stewartmckelvey.com> Sent: November -17 -15 9:36 AM To: External - Planning Cc: irene.ricketts @bellaliant.net Subject: Proposed Subdivision & Variance - 314 Lakeview Drive With respect to the letter received by myself last week regarding the above - my concern is there is a brook that runs in the back of all of the properties on Lakewood Avenue that empties into the lots that are being proposed to be developed. When the two homes were built several years back behind 26 Lakewood Avenue (designated as 01 -03 and 01 -02 on your map) it affected several homes on our street — homes that had NEVER flooded before had water in their basements whenever we had heavy rains. Indeed, as part of Schedule "A" to my deed it refers to an easement for drainage (and I believe all properties on this street has the same type of wording as the "drainage" all ends up in the same place — the lots that are being proposed to be developed): SUBJECT to an easement for drainage and the maintenance by Allen George Ricketts, his heirs and assigns, of the drainage work as it exists upon the within described Land together with a continued flow of water through the drainage work over the land of the adjoining owner on lower ground. I am not sure what the reference to the "Future Street" is — I assume a street may be put in sometime if others decide to subdivide their property. In my opinion, I don't believe this is a good idea. Regards, LL V&, Maxine Ricketts 11 62 Lakewood Avenue irene.ricketts(c)-bellaliant.net NOV 17 2415 This e -mail message (including attachments, if any) is confidential and may be privileged. Any unauthorized distribution or disclosure is prohibited. Disclosure to anyone other than the intended recipient does not constitute waiver of privilege. If you have received this e-mail in error, please notify us and delete it and any attachments from your computer system and records. Ce courriel (y compris les pieces jointes) est confidentiel et peut titre privilegie. La distribution ou la divulgation non autorisee de ce courriel est interdite. Sa divulgation a toute personne autre que son destinataire ne constitue pas une renonciation de privilege. Si vous avez regu ce courriel par erreur, veuillez nous aviser et 61iminer ce courriel, ainsi que les pieces jointes, de votre syst6me informatique et de vos dossiers. 1232 . a.! SAINT JOHN BOARD OF POLICE COMMISSIONERS PO Box 1971 Saint John, New Brunswick Canada E2L 4L1 Bureau des Commissaires du Service de Police de Saint John C. P. 1979 Saint John Nouveau- Brunswick Canada E2L 4L 1 NICOLE PAQUET Chair/ President JENNIFER CARHART Vice ChairlVice President MAYOR MEL NORTON Commissioner /Commissaire JOHN MacKENZIE Commissioner /Commissaire BRIAN BOUDREAU Commissioner /Commissaire ANNE -MARIE MULLIN Commissioner /Commissaire JOHN T. W. BATES M.O.M. Chief of Police /Chef de Police DAPHNE WAYS Executive Administrator/ Secretaire Administrative Telephone/Telephone: (506) 648 -3324 E- mail /Couniel_ policecommission @saintjohn. ca SAINT JOHN Explore our pastl Explorez noire passe Discover your future/ Decouvrez votre avenir November 25, 2015 PUBLIC SESSION M&C 2015 -247 Mayor Mel Norton and Members of Common Council Your Worship and Councillors: Re: Sergeant -at -Arms at Council Meetings We wish to advise you that at the Saint John Board of Police Commissioners meeting on November 3, 2015 the following resolution was passed: "RESOLVED, that the practice of the Chief of Police or his designate attending and acting as Sergeant -at -Arms at Common Council meetings cease." Respectfully submitted, Nicole Paquet Chair Saint John Board of Police Commissioners (dew 233 COMMITTEE REPORT Report Date December 01, 2015 Meeting Date December 07, 2015 Committee Finance Committee His Worship Mayor Mel Norton and Members of Common Council SUBJECT. Water and Sewerage Accounts Receivable OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author David Merrithew, Chair Finance Committee RECOMMENDATION It is recommended that this report be received and filed. EXECUTIVE SUMMARY The Finance Committee met with staff on November 12th, 2015 and discussed the Water and Sewerage Accounts Receivable balances as of October 30, 2015. PREVIOUS RESOLUTION M &C 2015 -147 — In its July 20, 2015 meeting, Common Council adopted the following resolution "the Finance Committee provide updates with respect with Water and Sewerage Accounts Receivable to Council on a quarterly basis." REPORT As of October 30, 2015, Water and Sewerage Account Receivable balances were as follows: Current: $1,199,706.84 Over 30: $3,260,191.76 Over 60: $268,354.28 Over 180: $1,870,393.90 Total: $6,598,646.78 The Meter rate billing totaling $2,373,463.82 was billed on September 30, 2015, with a due date of November 2, 2015. 234 Ira The Flat rate billing totaling $9,365,093.78 was billed on September 1, 2015, with a due date of October 5, 2015. Since May 15, Finance staff has sent out delinquent letters (first and second notice) on 4,888 accounts, hand delivered shut off notices have been delivered to 865 customers and 97 accounts had water shut off for non - payment of which 79 accounts have been turned back on after making payment arrangements. 13 accounts still have water turned off. As a result of Staff's ongoing collection efforts and willingness to work with customers on payment arrangements, an additional 1,355 Flat Rate accounts have been set up on Pre - Authorized debit since May 1, 2015 bringing the total to 4,569 accounts on Pre - Authorized. (32.62% of Flat Rate accounts). The balance in the 180 over is $1,870,393.90 and of this amount, $623,000 relates to late payment fees. Staff considers approx. $1,420,000 of the 180 day balance (which represents 215 out of 17,000 accounts) to be considered serious debt. Staff from Finance, Legal and Operations are working to find solutions to deal with these complicated accounts. 235 m y The city of Saint John December 8, 2015 Deputy Mayor and Councillors Subject: Services to Beach Road The Committee of the Whole, having met on December 8, 2015, made the following recommendation: Resolved that the Committee of the Whole recommends that the following resolutions be adopted by Common Council: 1. Resolved that the November 3, 2014 resolution of Common Council dealing with the servicing of the Beach Road, be rescinded; And that the following resolution be adopted in its place. 2. Resolved that Council authorize the provision of service to the Beach Road for a one year period commencing on December 11, 2015, subject to the following conditions, restrictions and limitations: W_ ' SiOQT I. Service will be provided only so long as written permission to the City to do so has been provided by the owners of the Beach Road; II. Service is conditional upon the continued existence of a policy of comprehensive general liability insurance naming the City as an additional insured and including a cross - liability clause, which has been obtained and paid for by the property owners fronting on the Beach Road, and which policy provides $2,000,000 coverage on an occurrence basis with a policy year term general aggregate limit of $5,000,000; III. The nature and extend of servicing shall be solely in the City's discretion acting reasonably, and without limiting the generality of the foregoing shall be restricted to maintenance and minor repair services including limited grading in the spring of the year and snow removal and sanding in the winter months, to a level and upon the portion or portions of Beach Road determined appropriate by the Chief City Engineer, taking into consideration the topography of the road, its dimensions and the City equipment available at any particular time, as well as any other factors relevant to the safe delivery of such service; IV. More specifically, the maintenance and minor repair service shall not extend to repair or reinstatement of the Beach Road or to drainage in relation thereto, nor to work respecting culverts, nor to work protecting the Beach Road or the adjacent shoreline from erosion or other deterioration and further that the scheduling of service to the road shall be solely at the discretion of the City acting reasonably. E' Li. Ikix 1971 Saint Jc4in, NB Canada ESL 4L1 I Wmv saini ohn. _a I C.P. 1371 Saint John, N. -B. C anad a Eel. 40 236 And further that Common Council consider the material presented by the City Manager on this matter for the purpose of determining service, if any, to be provided subsequent to December 10, 2016. Sincerely, Mel Norton Mayor 237 Q , ifjio K\ COUNCIL REPORT M &C No. 2015 -261 Report Date December 07, 2015 Meeting Date December 07, 2015 Service Area Legislative Services His Worship Mayor Mel Norton and Members of Common Council SUBJECT. Beach Road OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author City Solicitor City Manager John L. Nugent John L. Nugent Jeff Trail RECOMMENDATION Resolved that the following resolutions be adopted by Common Council: 1. Resolved that the November 3, 2014 resolution of Common Council dealing with the servicing of the Beach Road, be rescinded; And that the following resolution be adopted in its place. 2. Resolved that Council authorize the provision of service to the Beach Road, subject to the following conditions, restrictions and limitations: I. Service will be provided only so long as written permission to the City to do so has been provided by the owners of the Beach Road; II. Service is conditional upon the continued existence of a policy of comprehensive general liability insurance naming the City as an additional insured and including a cross - liability clause, which has been obtained and paid for by the property owners fronting on the Beach Road, and which policy provides $2,000,000 coverage on an occurrence basis with a policy year term general aggregate limit of $5,000,000; III. The nature and extend of servicing shall be solely in the City's discretion acting reasonably, and without limiting the generality of the foregoing shall be restricted to maintenance and minor repair services including limited grading in the spring of the year and snow removal and sanding in the winter months, to a level and upon the portion or portions of Beach 238 sa Road determined appropriate by the Chief City Engineer, taking into consideration the topography of the road, its dimensions and the City equipment available at any particular time, as well as any other factors relevant to the safe delivery of such service; IV. More specifically, the maintenance and minor repair service shall not extend to repair or reinstatement of the Beach Road or to drainage in relation thereto, nor to work respecting culverts, nor to work protecting the Beach Road or the adjacent shoreline from erosion or other deterioration and further that the scheduling of service to the road shall be solely at the discretion of the City acting reasonably. EXECUTIVE SUMMARY Common Council, on November 3, 2014 adopted a resolution authorizing the "... continued provision of maintenance services only (grading, sanding, snow removal) to the Beach Road .... ". The resolution stipulated preconditions to the provision of such service: 1. That the property owners deliver release and indemnification documentation in favour of the City in connection with the servicing; and 2. That they obtain permission from the road's owners for the servicing to be provided. Beach Road is owned by the Crowley family who have given the City the required permission. Indemnification would be potentially very onerous for the property owners and would not provide the City with certainty respecting the protection available should it be required. The civic administration identified appropriate liability insurance coverage as a preferable alternative from both the City's and property owners' perspective. Mr. Ian Fogan, the City's Manager, Risk Management has worked with the property owners' broker to pursue this option. The broker advises that the appropriate coverage has been put in place. Consequently, it is recommended that the appropriate insurance coverage replace the release and indemnification documentation and further that the November 14th resolution be rescinded and that a new resolution be adopted in its place. The owners of the private road have enquired whether the City would be interested in acquiring title to it and in that light the civic administration sought and received permission to conduct non - invasive investigations of the road. A report and recommendation in this regard will be presented in due course. 239 -3- PREVIOUS RESOLUTION RESOLVED that as recommended by the Committee of the Whole, having met on November 3, 2014, Council authorize the continued provision of maintenance services only (grading, sanding, snow removal) to the Beach Road on two conditions: 1) That permission from the owner of the property, in a form satisfactory to the City, to undertake the maintenance activities is obtained by the residents; and 2) Those residents whose properties front on the road release and indemnify the City in a form satisfactory to the City. STRATEGIC ALIGNMENT See attached. REPORT Please see attached report which elicited the November 3, 2014 Council resolution. SERVICE AND FINANCIAL OUTCOMES See attached. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS This report has been discussed with Mr. I. Fogan and Mr. B. Edwards ATTACHMENTS Report to Common Council dated October 25, 2014 re Municipal Services — Beach Road 240