2017-08-08_Agenda Packet--Dossier de l'ordre du jourCity of Saint John
Common Council Meeting
AGENDA
Tuesday, August 8, 2017
6:00 pm
Council Chamber
Please use Chipman Hill entrance
S'il vous plait utiliser I'entree Chipman Hill
Si vous avez besoin des services en francais pour une reunion de Conseil communal, veuillez contacter le
bureau du greffier communal au 658-2862.
Pages
1. Call to Order
2. Approval of Minutes
2.1 Minutes of July 10, 2017 1 - 12
3. Approval of Agenda
4. Disclosures of Conflict of Interest
5. Consent Agenda
5.1 Saint John Parking Commission - Appointment of Eric White Canadian Corps of 13-13
Commissionaires as a By -Law Enforcement Officer (Recommendation in Report)
5.2 Albert Richard - Restoration of the Barrer located at the end of McLaughlin 14-16
Crescent (Recommendation: Receive for Information)
5.3 Saint John Transit and Parking Commission - 2016 Annual Report 17-32
(Recommendation: Receive for Information)
5.4 Citizen Letters regarding Tucker Park (Recommendation: Receive for 33-59
Information)
5.5 Intersection Safety Devices (Recommendation in Report) 60-64
5.6 Heating, Refrigeration and Air Conditioning (HRAI) - Heat Pump Rental Program 65-65
(Recommendation: Refer to Saint John Energy)
5.7 2017 Agreement with SOT Brunswick Square Inc. for Cleaning and Security 66 - 75
1 Poeta Sy: (L
Services for Chipman Hill (Recommendation in Report)
5.8 Province of New Brunswick - Declare Wellness Week in your Community 76-78
(Recommendation: Refer to Clerk to Prepare Proclamation)
5.9 City Manager Follow -Up Letter to Members of the Select Committee on 79-110
Cannabis (Recommendation: Receive for Information)
5.10 2017 - 463001 P Bar Screen Repair and Pump Installation (Recommendation in 111 - 113
Report)
5.11
Planning Advisory Committee - Subdivision 1065 IC'ing Wiliam Road
114-126
(Recommendation in Report)
5.12
Contract No. 2017-06: Water Main Cleaning & Lining — Phase 13
127-129
(Recommendation in Report)
5.13
Fall Debenture Issue — Notice of Motion (Recommendation in Report)
130-132
5.14
Federation of Canadian Municipalities (FCM) Funding Programs application -
133-135
Field House Storm Water Management Project (Recommendation in Report)
5.15
MoveSJ Phase 3 Federal Funding Opportunity (Recommendation in Report)
136-137
5.16
Procedural Bylaw Amendment respecting submissions/representation made
138-139
subsequent to a public hearing (Recommendation in Report)
6. Members Comments
7. Proclamation
7.1 Saint John Pride Festival - August 8th to 13th, 2017 140-140
7.2 Exhibition Days - August 29th to September 2nd, 2017 141 - 141
8. Delegations / Presentations
8.1 Saint John Airport 142-150
9. Public Hearings - 6:30 p.m.
9.1 Proposed Zoning Bylaw Amendment 510 Ellerdale Street with Planning Advisory 151 - 187
Committee report recommending Rezoning
9.1.1 Zoning Bylaw Amendment - 510 Ellerdale Street (1 st and 2nd 188-205
Reading)
9.2 Proposed Zoning Bylaw Amendment 12, 24-30 Westmorland Steet with Planning 206-236
Advisory Committee report recommending Rezoning
9.2.1 Zoning Bylaw Amendment - 12, 24-30 Westmorland Street (1 st and 237-248
2nd Reading)
K
10. Consideration of By-laws
10.1 Zoning Bylaw Amendment with Section 39 Conditions - 65 University Avenue 249-251
(3rd Reading)
10.2 Zoning Bylaw Amendment with Section 39 Conditions - 45 Noel Avenue (3rd 252-254
Reading)
10.3 Stop Up and Close - Tilley Avenue (3rd Reading) 255-256
11. Submissions by Council Members
11.1
A Show of Support for the Saint John Airport's Federal Funding Application
257-258
12.4
(Mayor Darling)
333-346
11.2
Tucker Park Improvements (Councillor Sullivan)
259-259
11.3
Proposed Policy for Street Cuts and Construction Traffic Disruption (Councillors
260-260
12.6
Armstrong and Lowe)
359-360
11.4
Contact #'s for Senior Staff (Deputy Mayor McAlary)
261
-261
11.5
Freedom of the City Ceremony (Deputy Mayor McAlary)
262-262
12. Business Matters - Municipal Officers
12.1 Demolition of Vacant, Dilapidated and Dangerous Building at 374 Sandy Point 263-284
Road (PID# 48702)
12.2 Demolition of Vacant, Dilapidated and Dangerous Building at 26 Cedar Street 285-311
(PID# 377465)
12.3
New action items to be included in the Roadmap for Smart Growth
312-332
12.4
Solid Waste By -Law Review
333-346
12.4.1 GLC Realty Ltd - Garbage Removal for Townhouses
347-348
12.5
Council Code of Conduct
349-358
12.6
Video of Open Council Committee Meetings (Recommendation in Report)
359-360
12.7
Proposed Service Enhancements for City Agencies, Boards, and Commissions
361
-367
12.8
Develop Saint John
368-383
13. Committee Reports
14. Consideration of Issues Separated from Consent Agenda
15. General Correspondence
K3
15.1
University of New Brunswick - The 2nd Annual UNB Saint John Golf Classic
384-386
15.2
Saint John Sea Dogs Hockey Club - Beer Garden for Upcoming Sea Dogs
387-387
FanFest
16. Supplemental
Agenda
17. Committee of the Whole
17.1
Last Chance Agreement
388-388
17.2
Aquatic Golf Driving Range Lease Extension
389-389
17.3
Safe Clean Drinking Water Project - Saint John West Milestone
390-390
17.4
Contract No. 2017-15: Fairville Boulevard (Linton Rd. to Plaza Ave. & Outfall)
391
-391
Storm Sewer Improvements and Manawagonish Creek Channel Upgrades -
Update
17.5
Canada 150 Community Infrastructure Program
392-392
17.6
City Manager Performance Review
393-393
18. Adjournment
C!
City of Saint John
Common Council Meeting
Tuesday, August 8, 2017
Committee of the Whole
1. Call to Order
Si vous avez besoin des services en fran�ais pour une r6union de Conseil communal, veuillez
contacter le bureau du greffier communal au 658-2862.
Each of the following items, either in whole or in part, is able to be discussed in private pursuant
to the provisions of subsection 10.2(4) of the Municipalities Act and Council / Committee will
make a decision(s) in that respect in Open Session:
3:30 p.m. 8th Floor Boardroom City Hall
1.1
Approval of Minutes 10.2(4)
1.2
Employment Matter 10.2(4)(b j)
1.3
Financial Matter 10.2(4)(c)
1.4
Land Matter 10.2(4)(4)
1.5
Agreement 10.2(4)(c)
1.6
Financial Matter 10.2(4)(c)
1.7
Land Matter 10.2(4)(4)
1.8
Agreement Matter 10.2(4)(c)
1.9
Financial Matter 10.2(4)(c)
1.10
Land Matter 10.2(4)(4)
1.11
Employment Matter 10.2(4)0)
1.12
Employment Matter 10.2(4)0)
61
Ville de Saint John
Reunion du conseil communal
Le mardi 8 aout 2017
18 h, salle du conseil
Comit6 pl6nier
1. Ouverture de la s6ance
Si vous souhaitez obtenir des services en fran�ais pour une seance du conseil communal,
veuillez communiquer avec le bureau du greffier communal au 658-2862.
Chacun des points suivants, en totalite ou en partie, peut faire 1'objet d'une discussion en
prive en vertu des dispositions prevues a Particle 10 de la Loi sur les municipalites. Le
conseil/comite prendra une ou des decisions a cet egard au cours de la seance publique
15 h 30 - Salle de conf6rence, 8e 6tage, hotel de Ville
1.1 Approbation du proces-verbal - paragraphe 10.2(4)
1.2 Question relative a 1' emploi - alineas 10.2(4)b), j)
1.3 Question financiere - alinea 10.2(4)c)
1.4 Question relative aux biens-fonds - alinea 10.2(4)d)
1.5 Convention - alinea 10.2(4)c)
1.6 Question financiere - alinea 10.2(4)c)
1.7 Question relative aux biens-fonds - alinea 10.2(4)d)
1.8 Question relative aux conventions - alinea 10.2(4)c)
1.9 Question financiere - alinea 10.2(4)c)
1.10 Question relative aux biens-fonds - alinea 10.2(4)d)
1.11 Question relative a 1' emploi - alinea 10.2(4)j)
1.12 Question relative a 1' emploi - alinea 10.2(4)j)
S6ance ordinaire
1. Ouverture de la s6ance
2. Approbation du proces-verbal
2.1 Proces-verbal de la seance tenue le 10 juillet 2017
3. Adoption de Pordre du jour
4. Divulgations de conflits d'int6rets
5. Questions soumises a Papprobation du conseil
5.1 Commission sur le stationnement de Saint John relativement a la
nomination d'Eric White, membre du Corps canadien des commissaires,
en taut qu'agent d'ex&cution des arret&s municipaux (recommandation
figurant au rapport)
5.2 Albert Richard — Restauration de la barri&re situ&e a 1'extr&mit& du
croissant McLaughlin (recommandation : accepter a titre informatif)
5.3 Commissions du stationnement et des transports de Saint John — Rapport
annuel de 2016 (recommandation : accepter a titre informatif)
5.4 Lettres de citoyens au sujet de pare Tucker (recommandation : accepter a
titre informatif)
5.5 Dispositifs de s&curit& aux intersections (recommandation figurant au
rapport)
5.6 Chauffage, r6frig6ration et climatisation — Programme de location de
thermopompes (recommandation : transmettre a Saint John Energy)
5.7 Entente de 2017 avec SOT Brunswick Square Inc. relativement a la
fourniture de services de nettoyage et de s&curit& pour la cote Chipman
(recommandation figurant au rapport)
5.8 Province du Nouveau -Brunswick — Semaine du mieux-etre au sein de la
collectivit& (recommandation : transmettre au greffier pour qu'une
proclamation soit r&dig&e)
5.9 Lettre de suivi du directeur g&n&ral aux membres du comit& sp&cial sur le
cannabis (recommandation : accepter a titre informatif)
5.10 2017 — 463001P R¶tion de la grille a barreaux et installation d'une
pompe (recommandation figurant au rapport)
5.11 Comit& consultatif d'urbanisme — Demande d'am&nagement de
lotissement au 1065, Chemin William King (recommandation figurant au
rapport)
5.12 Contrat ri 2017-06 : Treizi&me &tape du nettoyage et du revetement de la
conduite d' eau principale (recommandation figurant au rapport)
5.13 Emission d'obligations de Fautomne — Avis de motion (recommandation
figurant au rapport)
5.14 Demande dans le cadre des programmes de financement de la Hd&ration
canadienne des municipalit&s (FCM) — Projet de gestion des eaux
pluviales pour le Complexe sportif (recommandation figurant au rapport)
5.15 EnMouvementSJ : Troisi&me &tape — Occasion de financement f&d&ral
(recommandation figurant au rapport)
5.16 Modification de Farr&& procedural concernant les
observations/repr6sentations faites a la suite d'une audience publique
(recommandation figurant au rapport)
6. Commentaires pr6sent6s par les membres
7. Proclamation
7.1 Festival de la fiert& gaie de Saint John, du 8 au 13 aout 2017
7.2 Journ&es d' exposition, du 29 aout au 2 septembre 2017
8. D616gations et pr6sentations
8.1 A&roport de Saint John
9. Audiences publiques —18 It 30
9.1 Projet de modification de 1'Arret6 de zonage visant le 510, rue Ellerdale,
accompagn6 du rapport du Comit6 consultatif d'urbanisme recommandant
le changement de zonage
9.1.1 Projet de modification de 1'Arret6 de zonage visant le 510,
rue Ellerdale (premiere et deuxi&me lectures)
9.2 Projet de modification de 1'Arret6 de zonage visant les 12 et 24-30,
rue Westmorland, accompagn6 du rapport du Comit6 consultatif
d'urbanisme recommandant le changement de zonage
9.2.1 Projet de modification de 1'Arret6 de zonage visant les 12 et 24-30,
rue Westmorland (premiere et deuxieme lectures)
10. Etude des arret6s municipaux
10.1 Modification de 1'Arret6 de zonage sous r6serve des conditions impos6es
par Particle 39 — 65, avenue University (troisi&me lecture)
10.2 Modification de 1'Arret6 de zonage sous r6serve des conditions impos6es
par Particle 39 — 45, avenue Noel (troisieme lecture)
10.3 Fermeture et barrage de Favenue Tilley (3e lecture)
11. Interventions des membres du conseil
11.1 Un spectacle de soutien pour la demande de financement de Fa&roport de
Saint John aupr&s du gouvernement f&d&ral (maire Darling)
11.2 Am&liorations au pare Tucker (conseiller Sullivan)
11.3 Politique propose pour les ouvertures de tranches dans les rues et la
perturbation de la circulation pendant les travaux (conseillers Armstrong et
Lowe)
11.4 Num&ros de telephone des cadres sup&rieurs (mairesse suppl&ante
McAlary)
11.5 C&r&movie du droit de cite (mairesse suppleante McAlary)
12. Affaires municipales 6voqu6es par les fonctionnaires municipaux
12.1 Demolition du batiment vacant, d&labr& et dangereux situ& au 374,
Chemin Sandy Point (NID 48702)
12.2 Destruction du batiment vacant, d&labr& et dangereux situ& au 26,
rue Cedar (NID 377465)
12.3 Nouvelles mesures de suivi a inclure dans la Feuille de route pour une
croissance intelligente
12.4 Examen de Farret& r&gissant les d&chets solides
12.5 Code de conduite du conseil
12.6 Vid&o des s&ances publiques du conseil et du comit& (recommandation
figurant au rapport)
12.7 Am&liorations de service propos&es pour les organismes, conseils et
commissions de la Ville
12.8 D&veloppement de Saint John
13. Rapports d6pos6s par les comit6s
14. Etude des sujets 6cart6s des questions soumises a Papprobation du conseil
15. Correspondance g6n6rale
15.1 Universit& du Nouveau -Brunswick — La 2e 6dition annuelle du tournoi de
golf classique de 1'Universit& du Nouveau -Brunswick, campus de Saint
John
15.2 Club de hockey les Sea Dogs de Saint John — Brasserie en plein air a
Foccasion du prochain festival organs& pour les amateurs des Sea Dogs
16. Ordre du jour suppl6mentaire
17. Comit6 pl6nier
17.1 Accord de la derni&re chance
17.2 Extension de bail de gamme de conduite aquatique Golf
17.3 Project d'eau potable propre et s&curis& — Saint John West Milestone
17.4 Contrat no. 2017-15 : Boulevard Fairville (rue Linton a Plaza avenue et
Outfall) Ameliorations des canalisations de tempete et mises a jour du
canal Manawagonish Creek — mise a jour
17.5 Programme d'infrastructure communautaire du Canada 150
17.6 Examen du rendement du directeur de la ville
18. Levee de la s6ance
MINUTES—REGULAR MEETING
COMMON COUNCIL OF THE CITY OF SAINT JOHN
JULY 10, 2017 AT 6:00 PM
IN THE COUNCIL CHAMBER
Present: Mayor Don Darling
Deputy Mayor Shirley McAlary
Councillor -at -Large Gary Sullivan
Councillor Ward 1 Blake Armstrong
Councillor Ward 2 Sean Casey
Councillor Ward 2 John MacKenzie
Councillor Ward 3 Gerry Lowe
Councillor Ward 3 Donna Reardon
Councillor Ward 4 David Merrithew
Absent: Councillor Ward 1 Greg Norton
Councillor Ward 4 Ray Strowbridge
Also
Present: City Manager Jeff Trail
Deputy City Manager, N.Jacobsen
City Solicitor J. Nugent
Commissioner Finance and Administrative Services K. Fudge
Commissioner of Transportation and Environment M. Hugenholtz
Commissioner Growth and Community Development J. Hamilton
Commissioner Saint John Water B. McGovern
Fire Chief K. Clifford
Common Clerk J. Taylor
Deputy Common Clerk P. Anglin
1. Call to Order
The Mayor called the meeting to order.
2. Approval of Minutes
2.1 Minutes of June 26, 2017
Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan:
RESOLVED that the minutes of the meeting of Common Council, held on June 26,
2017 be approved.
MOTION CARRIED.
.----------1 -I ------1
Appointment to Saint John Port Authority; and 17.2 Appointment to Value
Proposition Committee, be approved.
MOTION CARRIED.
Procedural Bylaw Matter 10.4 Delegations / Presentations
The Mayor brought forward item 15.1 and asked the Common Clerk to describe
the process to allow the applicant to present to Council tonight.
The Common Clerk advised that a 2/3 vote of the total membership, eight council
members, must vote in favour of the motion to proceed at the current meeting.
Moved by Councillor MacKenzie, seconded by Councillor Armstrong:
RESOLVED that the applicant for Tir na nOg Forest School requesting to present
be permitted to present tonight.
MOTION CARRIED unanimously by the eight Councillors in attendance.
4. Disclosures of Conflict of Interest
S. Consent Agenda
5.1 That as recommended by the City Manager in the submitted report M&C
2017-180: Designation of Inspection Officer, Common Council adopt the
following:
1. WHEREAS subsection 4(1) of the Saint John Minimum Property Standards By-
law provides that Common Council may for the purposes of the
administration and enforcement of the said by-law, appoint inspection
officers who may exercise such powers and perform such duties as may be set
out in the said by-law and/or the Residential Properties Maintenance and
Occupancy Code Approval Regulation — Municipalities Act and/or the
Municipalities Act:
NOW THEREFORE BE IT RESOLVED, that Stephen Guenette is hereby
appointed as an inspection officer with respect to the enforcement of the
Saint John Minimum Property Standards By-law which received first and
second reading by Common Council on August 18, 2008 and third reading on
September 2, 2008, being enacted upon approval by the Minister of Local
Government, and/or the Residential Properties Maintenance and Occupancy
Code Approval Regulation — Municipalities Act and/or the Municipalities Act,
and this appointment shall continue until he ceases to be an employee of the
Growth & Community Development Services of the City of Saint John or until
it is rescinded by Common Council, whichever comes first.
2. WHEREAS the Common Council of The City of Saint John has enacted certain
by-laws pursuant to the authority of the Community Planning Act, R.S.N.B
1973, c. C-12, and amendments thereto, (the "Community Planning Act")
including the Saint John Building By-law, By-law Number C.P. 101, The Zoning
By-law of the City of Saint John, By-law Number C.P. 110, and the City of Saint
John Flood Risk Areas By-law, By-law Number C.P. 11 and amendments
thereto for each of these By-laws, and it may from time to time be necessary
to make inspections for the administration of these By-laws:
property within its jurisdiction for the purpose of making any inspection that
is necessary for the administration of a by-law:
NOW THEREFORE BE IT RESOLVED, that Stephen Guenette, a City Inspector, is
hereby authorized to enter at all reasonable times upon any property within
the territorial boundaries of the City of Saint John for the purpose of making
any inspection that is necessary for the administration of the Building By-law,
Zoning By-law, and the City of Saint John Flood Risk Areas By-law, effective
immediately, and this authorization shall continue until he ceases to be an
employee of Growth and Community Development Services of The City of
Saint John or until rescinded by Common Council, whichever comes first.
3. WHEREAS the Common Council of The City of Saint John has enacted certain
by-laws pursuant to the authority of the Municipalities Act, R.S.N.B 1973, c.
M-22, and amendments thereto, (the "Municipalities Act") including the Saint
John Unsightly Premises and Dangerous Buildings and Structures By- law, By-
law Number M- 30 and amendments thereto, and it may from time to time be
necessary to make inspections for the administration of the By-law;
AND WHEREAS subsection 102.1(1) of the Municipalities Act provides that a
council may authorize officers to enter at all reasonable times upon any
property within its jurisdiction for the purpose of making any inspection that
is necessary for the administration the By-law:
NOW THEREFORE BE IT RESOLVED, that Stephen Guenette, a City Inspector, is
hereby appointed as an inspection officer and authorized to enter at all
reasonable times upon any property within the territorial boundaries of the City
of Saint John for the purpose of making any inspection that is necessary for the
administration of the Saint John Unsightly Premises and Dangerous Buildings and
Structures By- law which received first and second reading by Common Council on
February 27, 2012 and third reading on March 12, 2012, being enacted upon
approval by the Minister of Local Government, and/or the Municipalities Act,
effective immediately, and this authorization shall continue until he ceases to be
an employee of Growth and Community Development Services of The City of
Saint John or until rescinded by Common Council, whichever comes first.
5.2 Refer to item 14.1
5.3 That the Letter from Human Development Council — Reply to Mandate
Letter be received for information.
5.4 That the Letter from Saint John Development Corporation — Acceptance of
Mandate Letter be received for information.
5.5 That the Saint John Airport — Request to Present be referred to the Clerk
to schedule.
5.6 That the Leonard Thorburne Submission re: Truck Traffic on Glen Road/
Request to Present be referred to the City Manager.
5.7 That the Aaron Everett Submission re: Parking in the South/Central Peninsula
be referred to the Parking Commission.
5.8 That as recommended by the City Manager in the submitted report M&C
four month period commencing July 11, 2017 according to the terms
generally described in M&C 2017-186; and
2. That the Mayor and Common Clerk be authorized to execute the agreement.
5.9 That the submitted report M&C2017-193: Public Information Session:
Tilley Avenue — Sanitary Lift Station and Sewer Improvements, be received for
information.
5.10 That as recommended by the City Manager in the submitted report M&C
2017-192: Contract No. 2016-05: Tilley Avenue — Sanitary Lift Station and Sewer
Improvements, the contract be awarded to the low Tenderer, Fairville
Construction Ltd. at the tendered price of $723,427.63 (including HST) as
calculated based upon estimated quantities; and further that the Mayor and
Common Clerk be authorized to execute the necessary contract documents.
5.11 That as recommended by the City Manager in the submitted report M&C
2017-182: Award of Tender — Carleton Community Centre Window Replacement
Phase Two (2017-8-085101T), the tender submitted by Eclipse Construction
Services Ltd., for the replacement of select windows of the Carleton Community
Centre, in the amount of $160,811.99 plus HST be accepted, and further, that a
contingency allowance in the amount of $10,000 be added, for a total award
amount of $170,811.99 plus HST.
5.12 That Common Council authorize the acceptance of money -in -lieu of the
required land for public purposes (LPP) as outlined in the report entitled,
Subdivision 180 Cozy Lake Road.
5.13 That Common Council authorize the acceptance of money -in -lieu of the
required and for public purposes (LPP) as outlined in the report entitled,
Subdivision Lands adjacent to 165 Mcllveen Drive.
5.14 That as recommended by the City Manager in the submitted report M&C
2017-187: Contract No. 2017-14: Hawes Lake Landfill — Cover Repairs, the
contract be awarded to the low Tenderer, Steele Trucking Ltd., at the tendered
price of $99,816.79 (including HST) as calculated based upon estimated
quantities; and further that the Mayor and Common Clerk be authorized to
execute the necessary contract documents.
5.15 That as recommended by the City Manager in the submitted report M&C
2017-188:2017-463002P - Packaged Wastewater Treatment Plant - Morna And
Greenwood Wastewater Treatment Plant Upgrades, the Request for Proposal be
awarded to Premier Tech Aqua at the cost of $326,240.00 (excluding HST).
5.16 That the submitted report M&C 2017-185: 2017 General Specifications
Revisions, be received for information.
5.17 That as recommended by the City Manager in the submitted report M&C
2017-184: 2017 General Specifications Revisions — Policy Revisions (Divisions 2, 5
& 6), Common Council adopt the submitted revisions to the current clauses of
Division 5 (Form of Agreement) and Division 6 (General Administration of
Contract) of the City of Saint John General Specifications. The submitted revision
to Division 2 (Instructions to Tenderers and Tendering Procedures) was previously
adopted by Council on Mav 15. 2017 (M&C 2017-123).
5.19 That as recommended by the City Manager in the submitted report M&C
2017-194: Engineering Services — Central and East Saint John Sanitary Sewer and
Storm Water Model Development, Common Council approve the following:
1. The proposal from CBCL Limited for engineering services for the Central and
East Saint John Sanitary Sewer and Storm Water Model Development project
in the amount of $512,210 including HST be accepted and that the Mayor and
Common Clerk be authorized to execute the appropriate documentation in
that regard.
2. The reallocation of budget surplus to the Central and East Saint John Sanitary
Sewer and Storm Water Model Development Project from the following 2017
Water and Sewerage Utility Fund Capital Program projects:
Belleview Avenue Sanitary $ 40,000
Fallsview Drive Water $132,000
McAllister Drive Water $ 48,000
Tota I
$220,000
5.20 That as recommended by the City Manager in the submitted report M&C
2017-197: City Market Tower — Phase 1 Envelope Rehabilitation and Structural
Remediation, the tender submitted by Eclipse Construction Services Ltd., for the
City Market Tower Phase 1 Envelope Rehabilitation and Structural Remediation,
in the amount of $2,013,249.47 plus HST be accepted. Further to the base tender
amount, it is recommended that a contingency allowance be carried for this
project in the amount of $290,000 plus HST, for a total project cost of
$2,303,249.47 plus HST. Additionally, it is recommended that the Mayor and
Common Clerk be authorized to execute the necessary contract documents.
5.21 That as recommended by the City Manager in the submitted report
Beautification Grant Program — Budget Request, Common Council allocate an
additional $25,000 to the Beautification Grant Program 2017 budget from the
remaining Growth Reserve Fund.
Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan:
RESOLVED that the recommendation set out for each consent agenda item be
adopted with the exception of item 5.2 which was identified for debate.
1► 100000114Y1ilk]ilk] Iif91
6. Members Comments
Council members commented on various community events.
7. Proclamations
7.1 Hepatitis Awareness Day—July 28, 2017
The Mayor proclaimed July 28, 2017 as Hepatitis Awareness Day in the City of
Saint John.
8. Delegations/Presentations
The Common Clerk advised that the necessary advertising was completed with
regard to the proposed Section 39 Amendment rescinding the Section 39
conditions imposed on the March 10, 1980, rezoning of the property located at
700 Somerset Street, also identified as PID Number 55008858, and amended
August 4, 1992 to permit a revised proposal as requested by Somerset
Investments Ltd., with no written objections received.
Consideration was also given to a report from the Planning Advisory Committee
submitting a copy of Planning staff's report considered at its June 20, 2017
meeting at which the committee recommended the amendment of the existing
Section 39 conditions.
The Mayor called for members of the public to speak against the proposed
amendment with no one presenting.
The Mayor called for members of the public to speak in favour of the proposed
amendment with Mark Hovey, Somerset Investments Ltd. presenting.
Moved by Deputy Mayor McAlary, seconded by Councillor Lowe:
RESOLVED that Common Council rescind the Section 39 conditions imposed on
August 4, 1992 of a parcel of land having an area of approximately 4,352 square
metres and located at 700 Somerset Street, also identified as PID Number
55008858, which limit use of the property to a one -storey office building and
warehouse.
MOTION CARRIED.
Moved by Councillor Lowe, seconded by Councillor Sullivan:
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 4,352
square metres and located at 700 Somerset Street, also identified as PID Number
55008858 shall be subject to the following conditions:
a) Any development of the site be in accordance with a detailed site plan, building
elevation plans and landscaping plans, to be prepared by the proponent and
subject to the approval of the Development Officer, indicating the location of all
buildings, structures, parking areas, driveways, loading areas, signs, exterior
lighting, outdoor storage areas, landscaped areas, other site features, exterior
building materials, and building entrances and finishes. These plans are to be
attached to the application for the building permit with all improvements shown
on plans to be completed within one year of the issuance of the building permit;
and
b) That the proponent provide an assessment of the available sight distance at
the proposed driveway location for review and approval by the City.
MOTION CARRIED.
9.2 Proposed Zoning Bylaw Amendment 45 Noel Avenue with Plannin
Advisory Committee report recommending Rezoning
9.2.1 Zoning Bylaw Amendment — 45 Noel Avenue (1St and 2nd Reading)
The Common Clerk advised that the necessary advertising was completed with
The Mayor called for members of the public to speak against the re -zoning with
no one presenting.
The Mayor called for members of the public to speak in favour of the re -zoning
with no one presenting.
Moved by Deputy Mayor McAlary, seconded by Councillor MacKenzie:
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By -Law of The
City of Saint John" amending Schedule A, the Zoning Map of The City of Saint
John, by rezoning a parcel of land having an area of approximately 2650 square
metres, located at 45 Noel Avenue, also identified as PID Numbers 00370593,
00370601, 00370767 and a portion of PID Number 00050575 from Two -Unit
Residential (R2) and Future Development (FD) to Mid -Rise Residential (RM), be
read a first time.
1► [0000114L1:k]k]11191
Read a first time by title, the by-law entitled, "A Law to Amend the Zoning By -Law
of The City of Saint John".
Moved by Deputy Mayor McAlary, seconded by Councillor MacKenzie:
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By -Law of The
City of Saint John" amending Schedule A, the Zoning Map of The City of Saint
John, by rezoning a parcel of land having an area of approximately 2650 square
metres, located at 45 Noel Avenue, also identified as PID Numbers 00370593,
00370601, 00370767 and a portion of PID Number 00050575 from Two -Unit
Residential (R2) and Future Development (FD) to Mid -Rise Residential (RM), be
read a second time.
MOTION CARRIED.
Read a second time by title, the by-law entitled, "A Law to Amend the Zoning By -
Law of The City of Saint John".
9.3 Proposed Zoning ByLaw Amendment 65 University Avenue with Planning
Advisory Committee report recommending Rezoning
9.3.1 Zoning ByLaw Amendment — 65 University Avenue (1St and 2nd Reading)
The Common Clerk advised that the necessary advertising was completed with
regard to the proposed zoning bylaw amendment for a parcel of land located at
65 University Avenue to permit a business office, with no written objections
received. The Planning Advisory Committee recommended approval of the re-
zoning as set out in the submitted report, with Section 39 Conditions.
The Mayor called for members of the public to speak against the re -zoning with
no one presenting.
The Mayor called for members of the public to speak in favour of the re -zoning
with Kris Price, the applicant presenting.
Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan:
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By -Law of The
read a first time.
MOTION CARRIED.
Read a first time by title, the by-law entitled, "A Law to Amend the Zoning By -Law
of The City of Saint John."
Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan:
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By -Law of The
City of Saint John", amending Schedule A, the Zoning Map of The City of Saint
John, by re -zoning a parcel of land having an area of approximately 1877 square
metres, located at 65 University Avenue, also identified as PID Number 55024210,
from Neighbourhood Community Facility (CFN) to General Commercial (CG), be
read a second time.
MOTION CARRIED.
Read a second time by title, the by-law entitled, "A Law to Amend the Zoning By -
Law of The City of Saint John."
9.4 Stop Up and Close a portion of Tilley Avenue (1St and 2nd Reading)
The Common Clerk advised that the necessary advertising was completed with
regard to the proposed by-law amendment to stop -up and close a portion of
Tilley Avenue, by adding thereto Section 246 immediately after Section 245
thereof, with no written objections received.
The Mayor called for members of the public to speak against the proposed
amendment with no one presenting.
The Mayor called for members of the public to speak in favour of the proposed
amendment with no one presenting.
Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan:
RESOLVED that the by-law entitled, "A By -Law Respecting the Stopping Up and
Closing of Highways in The City of Saint John", regarding a portion of Tilley
Avenue by adding thereto Section 246 immediately after Section 245 thereof, be
read a first time.
MOTION CARRIED.
Read a first time by title, the by-law entitled, "A By -Law Respecting the Stopping
Up and Closing of Highways in The City of Saint John".
Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan:
RESOLVED that the by-law entitled, "A By -Law Respecting the Stopping Up and
Closing of Highways in The City of Saint John", regarding a portion of Tilley
Avenue by adding thereto Section 246 immediately after Section 245 thereof, be
read a second time.
MOTION CARRIED.
Read a second time by title, the by-law entitled, "A By -Law Respecting the
11. Submissions by Council Members
11.1 Garbage Bylaw Review (Deputy Mayor McAlary)
Commissioner Hugenholtz addressed the Solid Waste Bylaw stating that the
review will be available for first and second reading next meeting. The issue
raised by the Deputy Mayor was not addressed in the review. The Commissioner
recommends the matter be referred to staff to address.
Moved by Deputy Mayor McAlary, seconded by Councillor Lowe:
RESOLVED that the Garbage Bylaw for the City of Saint John be referred to staff
for a report back.
MOTION CARRIED with Councillors Reardon, Merrithew, and MacKenzie voting
nay.
12. Business Matters - Municipal Officers
12.1 Aquahawk Customer Portal — Saint John Water
Commissioner McGovern updated Council on the new customer service portal for
metered customers to be launched in mid-November. The system will detect
peaks in consumption, leaks, and provide alerts to the customer. A record of the
customer's account history is also provided. Alerts on water conservation efforts
are also enabled. The system will be bilingual and can be scalable to include
residential customers.
Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan:
RESOLVED that as recommended by the City Manager in the submitted report
M&C 2017-183: Aquahawk Customer Portal — Saint John Water:
1) the City enter into a one year Software -As -A -Service Managed Services
Agreement with American Conservation & Billing Solutions, Inc. for the purpose
of accessing and using its software in the form attached to M&C 2017-183 and
that the Mayor and Common Clerk be authorized to execute the necessary
contract documents;
2) the City enter into a Memorandum of Understanding with American
Conservation & Billing Solutions, Inc. regarding credits to the City AquaHawk
account for customers referred by the City to American Conservation & Billing
Solutions, Inc. and that the Mayor and Common Clerk be authorized to execute
the necessary documents.
MOTION CARRIED.
13. Committee Reports
13.1 Finance Committee: Fleet Replacement Procurement — July 2017
Councillor Merrithew advised that the vehicles are being purchased from the
established reserve account.
The City Manager noted a clerical error that omitted a fifth item: One (1) vacuum
sweeper at a total cost of $209,737.50 plus HST to MacFarlands Limited. The item
M&C2017-177: Fleet Replacement Procurement—July 2017, Common Council
award the tenders and proposals as follows:
1) Six (6) half -ton four-wheel-drive extended cab pickup trucks at a total cost of
$201,644.00 plus HST to Dobson Chrysler Dodge Jeep;
2) Four (4) one -ton four-wheel-drive crew cab pickup trucks at a total cost of
$272,552.00 plus HST to Downey Ford Sales Ltd.;
3) Two (2) tandem dump trucks at a total cost of $321,784.00 plus HST to East
Coast International Trucks Inc.;
4) One (1) compact loader at a total cost of $91,126.00 plus HST to Atlantic
Tractors and Equipment Ltd; and,
5) One (1) vacuum sweeper at a total cost of $209,737.50 plus HST to
MacFarlands Limited.
MOTION CARRIED.
13.2 Finance Committee: 2016 Consolidated Financial Statements
Moved by Councillor Merrithew, seconded by Deputy Mayor McAlary:
RESOLVED that as recommended by the City Manager in the submitted report
M&C 2017-191: 2016 Consolidated Financial Statements, Council approve the
draft Consolidated Financial Statements and the Trust Fund Statements of the
City of Saint John for the fiscal year ended December 31, 2016.
MOTION CARRIED.
14. Consideration of Issues Separated from Consent Agenda
14.1 Demolition of vacant, dilapidated and dangerous building at 192-194 St.
James Street West (PID#367722)
The Common Clerk advised of the enhanced procedural fairness change that
provides an opportunity to allow rebuttal evidence to the Building Inspector's
recommendation.
The Mayor read the following statement concerning building demolition of 192-
194 St. James Street West:
"The information which has been provided in the Council Kit includes the report
of the Building Inspector stating that the building located at 192-194 St. James
Street West is a hazard to the safety of the public by virtue of its being, amongst
other things, structurally unsound. Is there present an owner, including anyone
holding any encumbrance upon this property, who wishes to present evidence to
the contrary, that is to say, that the building is structurally sound?"
No one came forward to present evidence.
Moved by Deputy Mayor McAlary, seconded by Councillor Merrithew:
RESOLVED that as recommended by the City Manager in the submitted report
M&C 2017-181: Demolition of vacant, dilapidated and dangerous building at 192-
194 St. James Street West (PID#367722), 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 192-194 St. James Street West
15. General Correspondence
15.1 Tir na nOg Forest School - Request to Present to Council
Tim Jones presented to Council on the proposed Agreement for development of
Tir na nOg Forest School and the funding arrangement. The current state of
infrastructure does not meet building code for the facility.
The City Manager stated that staff has been working with the proponent and
recently other departments have been brought in to address due diligence issues.
The City Solicitor advised that the Horticulture Association has governing
legislation restricting use of the lands to "gardens, parks, and pleasure resort".
The City Manager stated the legislation can be amended but it takes time. The
due diligence required to review the request cannot be rendered immediately.
Moved by Councillor Armstrong, seconded by Councillor Merrithew:
RESOLVED that staff be directed to continue to work with the proponent on due
diligence issues required to negotiate terms of the Agreement and bring back a
prepared contract for Council's consideration at the next scheduled meeting, to
be held on Tuesday, August Stn
MOTION CARRIED.
15.2 Loch Lomond Villa Foundation - First Annual Golf Fundraiser
Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan:
RESOLVED that the request from the Loch Lomond Villa Foundation — First Annual
Golf Fundraiser, be received for information.
MOTION CARRIED.
16. Supplemental Agenda
17. Committee of the Whole
17.1 Recommended Appointment to Saint John Port Authority
Moved by Deputy Mayor McAlary, seconded by Councillor Reardon:
RESOLVED that as recommended by the Committee of the Whole having met on
July 10, 2017, Common Council approve the following appointment:
Saint John Port Authority: that David Emerson be appointed for a three year
term from August 19, 2017 to August 19, 2020.
1► 1001110 0114YAilk] ISIif9a
17.2 Nomination of Member of Council to participate in Value Proposition
FxPrciSP
Moved by Deputy Mayor McAlary, seconded by Councillor Reardon:
RESOLVED that as recommended by the Committee of the Whole having met on
July 10, 2017, Common Council appoint Councillors Reardon and Sullivan
18. Adjournment
Moved by Councillor MacKenzie, seconded by Councillor Armstrong:
RESOLVED that the meeting of Common Council held on July 10, 2017 be
adjourned.
MOTION CARRIED.
The Mayor declared the meeting adjourned at 8:06 p.m.
Mayor/ maire
Common Clerk / greffier communal
Saint John
Parking Commission
Commission sur
Ile
o' 'n de Saint Johr,
Jonathan Taylor
Common Clerk
City of Saint John
8th Floor, City Hall
Saint John, NB
Dear Mr. Taylor,
11th Floor, City Hall, 11 i6me Stage, H6teI de Ville
P.C. Box 1971 / CR 1971
Saint John, N.B./N.-B. E2L 41-1
Tel/ T61: (506) 658-2897
Fax / T&bcopPeur: (506) 649-7938
E-mail / Courriel: parking@saintjohn.ca
R E Appointment of Eric White — Badge #9957
Canadian Corps of Commissionaires
as a By -Law Enforcement Officer
We are requesting that the following resolution be presented to Common Council
for approval-,
"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 member of the
Canadian Corps of Commissionai'res 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: Eric White
And further that this appointment shall continue until such time as
the appointee ceases to be a member of the Canadian Corps of
Commissionaires or until the appointment is rescinded by Common
Council, whichever comes first."
Yours truly,
Marc Dionne
Operations Manager
Saint John Parking Commission
/krn
13
www.saintiohn.ca
SUBMISSION TO COUNCIL FORM
the City of Saint gnhn
INSTRUCTIONS
• All submissions (letters, petitions, etc.) must be submitted by no later than 4 p.m. on the
Wednesday prior to the Council meeting.
• Submissions must not contain defamatory or offensive language
• Submissions must include the name and mailing address or the telephone number of
the author
Submissions to Council are to be submitted using this form and any other attachments can be
added to this form. After the Council meeting in which your submission appears, you will
receive a letter from the office of the Common Clerk informing you of Council's decision.
This form can be filled out electronically and then emailed to the Common Clerk's office at
commonclerk@saintiohn.ca , or it can be printed out and mailed or hand delivered to the
following:
Mailing Address:
Office of the Common Clerk
City Hall Building
PO Box 1971
Saint John, NB E21-41-1
Street Address:
Office of the Common Clerk
City Hall Building
8t" Floor —15 Market Square
Saint John, NB E21- 1E8
ABOUT YOUR PERSONAL INFORMATION
Personal information and opinions in communications shall become part of the public record,
unless the author of the communication requests the removal of his personal information when
submitting it, or the Clerk determines that the release of the personal information contravenes
the Right to Information and Protection of Privacy Act, SNB 2009, c R-10.6, and amendments
thereto.
If you have any further questions please call us at 658-2862
SUBMISSION TO COUNCIL FORM
the City of Saint gahn
ABOUT PERSON/GROUP PRESENTING
First Name: Albert Last Name: Richard
Name of Organization/Group (where applicable): chck Ilhcurvc to enter tcxt.
Mailing Address: chck Ihere to enter text.
City or Town: chck Ilhcurve to enter text,
IlfckIhere t enter text,
Day Time Phone Number: 643-8840
Province: chck Ilheii-e to enter text. Postal Code:
Email: albertrichard@rogers.com
❑ If you do NOT wish to have your personal information (address, phone number,
email) become part of the public record, please check this box.
ABOUT YOUR SUBMISSION
Topic Of Submission: the restoration of the barrier located at the end of McLaughlin Crescent
Purpose for Submission (what is the ask of Council): chck Ilheurve to enter text. �o smtch t a
new IDaii- gray lDh Ilhft Shft+Entcurv.
Executive Summary: Mayor and Council: Recently an individual has gone around the area with a
petition requesting signatures from area residences for the restoration of the barrier located at the
end of McLaughlin Crescent once phase 1 of the Safe Clean Drinking Water Project is completed. The
individual stressed speeding traffic, blowing horns and squealing tires during the day and in the early
morning hours of the night. What he failed to mention in his presentation is that the barrier was
placed at a time when there was a tavern (The Hideway) at the bottom of the street near Rothesay
Avenue and the disturbances were caused by patrons leaving this establishment as it closed for the
night. Instead of letting the Police handle the situation it was decided by a few individuals,
friends With members of council at that time that they wanted to have a barrier placed
instead. Why could he not be honest and give the whole truth instead of leaving out the part of the
liquor establishment no long being there and was the cause of the disturbances and the barrier being
placed. Guess that would not have served their purpose!!! This establishment no longer
exists and has not been there for many years. I have parked near the top of where this
barrier was originally placed and watched the traffic during the daytime and during the late evening
hours and there have been no issues like those mentioned above. Question #1: Is it possible that
SUBMISSION TO COUNCIL FORM
the City of Saint gahn
friendship(s) with some members of council and a few individuals are still the driving force to have
the barrier restored?
YOUR SIGNATURE
Signature: lylp a n heury . Date: 2017-07-14
it
This has been a welcomed year of transition and renewal; two
commissions now operate as one, and a CEO was hired to guide the newly
formed Saint John Transit and Parking Commission.
After a rigorous national search, Ian MacKinnon was selected as the
commission's chief executive officer in early 2016. As we welcomed Ian to
our team, we also crafted new terms of reference to guide his work,
further ensuring the commission's success through transparent
processes and data -driven decision making.
Our commission's broad cross-section of expertise in management,
finance, law, communications, IT, and telecommunications has led us
to adopt a business approach to decision-making and service
optimization, guided by data, key performance indicators (KPIs), and best
practices. Within his first six months, our new CEO undertook a complete
operational review of transit and off- and on -street parking, establishing a
baseline against which we can measure our management success in the
coming years.
Our goals are to optimize the services we offer, maximize services
where the data shows us they are most needed, and provide the best
accessible service to our riders and residents. And we're gaining ground
- this year we managed to reduce our deficit and generate major savings.
As a result of our renewed focus on service delivery and data, our
parking and transit services have seen several enhancements over the
Last year, including accessibility upgrades to our fleet of buses and the
Just Park It! initiative Which provides for free overnight parking in the city's
uptown entertainment district.
We are very energized by the year ahead of us, as we continue to build on
the successes of this past year. One of our initiatives in the coming months
Will be the launch of a Passenger Advisory Committee. As we continue to
strengthen our parking & transit operations, we need to hear from those
Who use the services. Stay tuned for more on this.
I'd like to personally thank our dedicated employees, the smiling faces
of the Saint John Parking and Transit Commission for providing safe,
quality service to our transit riders and parking patrons and our volunteer
commissioners for their support and guidance this past year as we embark
on this new path forward.
491
0
21
There's so much to say about 2016. It has been such a great and energizing
year for me personally, and our entire team. We've worked hard to put
processes in place that optimize the services we offer, and inform and
guide our work and growth.
This year there's been a strong focus on leadership and governance. We
are looking at our strategy from a long-term perspective. We are aligning
our activities and strategic plan with key city strategies like MoveSJ and
PLanSJ to ensure that we're all working together to grow Saint John and
keep it moving.
Our goal is to provide world-class services that align with the needs of
our population. We are optimizing services by replacing underused routes
with new routes that are reflective of our region's development, providing
increasingly accessible transit services and making parking available when
and where people need it most. Our enhancements to our transit system
have accessibility in mind at all times. It is important to us that riders of all
abilities are able to safely enjoy their transit experience.
We also support alternative forms of transportation such as cycling and
walking. Active transportation is an extension of how people move about
our city; this is Why we Were happy to help fund the extension of the
Harbour Passage Trail in 2016.
Despite constant challenges like ridership, fuel prices, development, and
employment, looking ahead we foresee many more improvements such
as electronic representation of off- and on -street parking availability, and
strategic land use that maximizes parking but minimizes costs. And of
course, We're always on the lookout for new revenue streams. This year,
we secured $3.6 million in federal funding, and we're looking at how we
can keep moving along with our strategic plan with new public and private
partners. We also saw a significant reduction of our deficit through a series
of strategic decisions that saved the commission more than $200,000.
We hope you enjoy reading about our achievements over the last year. We
are proud of our accomplishments and we look forward to letting you know
about more enhancements to support a quality service for transit riders
and convenience for parking patrons.
And be sure to follow us on Twitter to get live updates regarding parking,
especially during the winter months.
WA
IAN MACKINNON, CEO
Saint John Transit and Parking Commission
w
In 2016, we operated 24 parking lots and employed 17 staff.
We saw our available parking spaces decrease by 330 due to
developments in the uptown area and the termination of
leases. As a result, our uptown parking garage Peel Plaza, is at
capacity for the first time since it was built. Now that supply no
longer meets demand, we will be looking for new partnerships
where city parking spaces could be leased from private lots,
both current and future.
New parking regulations implemented last year allowed for
more flexibility for patrons of the entertainment district, with
the option to pay for overnight on -street parking, and the Just
Park It! initiative which permits free overnight parking in
city -owned lots, provided vehicles are collected before 8 a.m.
This represents 200 spaces for drivers looking to park
overnight in the uptown area. It's a measure that will
contribute to a more dynamic, vibrant uptown core, and
discourages impaired driving city-wide.
We started maximizing the potential of Twitter to
communicate with residents on parking updates and statuses,
which is especially important during snow -related parking
bans. Such a mobile and timely way of keeping residents
informed of parking changes has proven to be very valuable
for parking users.
We sourced new electronic equipment that removes the
need for chalking tires to enforce on -street parking. The
equipment uses a combination of photography and
geolocation technology to tag and monitor vehicles as they
use on -street parking. Our increased ability to enforce
on -street parking will bring in revenue that will help support
other growth and safety initiatives.
*d
In 2016, our fleet had 43 buses, of Which half Were equipped
With passenger counters to better understand rider usage, peak
riding times and popular routes. Additionally, all buses were
equipped with an Automated Voice Announcement system that
includes the announcement of stops just before they are made
as well as a lit display of the street name of the next stop. These
features make transit more accessible for riders, including
those who are hard of hearing, deaf, or visually impaired.
Last year we employed 87.5 people. Our employees are central
to providing a quality riding experience for Saint John Transit
riders. As such, we were pleased to secure a new five-year
collective agreement with the Amalgamated Transit Union, the
union representing our employees.
OR
In February of 2016, the East Branch of the Saint John Free
Public Library became a resident of the Transit building at
55 McDonald Street. This new location provides library patrons
easy access to services during their transit journey and by
having the library as a tenant, the Commission benefits from
rental income to support its operations as well as a $127,000
reduction in property taxes.
MCI
December 31, December 31,
2016 2015
Financial Assets
Cash and cash equivalents 417,321 273,981
Receivables
Accounts receivable
405,191
479,236
Due from City of Saint John
364,221
388,864
1,186,733
1,142,081
Liabilities
Accounts payable and accrued liabilities
813,226
785,924
Employee future benefits
835,600
802,000
Due to City of Saint John
1,177,228
1,299,928
Deferred revenue
42,240
52,470
Long term debt
13,579,000
13,895,000
16,447,294
16,835,322
Net debt
(15,260,561)
(15,693,241)
Non-financial Assets
Tangible capital assets
26,740,122
27,847,023
Inventory
636,624
620,265
Prepaid expenses
-
25,683
27,376,746
28,492,971
Accumulated Surplus
12,116,185
12,799,730
Approved by the Commission
Chairman
CEO
Please note: While transit and parking are currently operating under singular leadership, they remain separate City commissions. Work has begun
to combine commissions and financials will be consolidated in the future.
AXI
K-11
2016
2016
2015
Budget
Actual
Actual
(Unaudited)
Revenues
City of Saint John operating
5,410,353
5,774,574
5,422,519
City of Saint John debt reduction
1,728,562
1,763,565
1,714,255
Other
-
-
-
Operating revenue
Cash fares
1,019,000
973,974
956,650
Transcard revenue
905,000
846,232
872,856
Monthly passes
1,232,000
1,282,024
1,235,568
Comex - Transcards
126,000
104,096
119,258
Comex - Monthly passes
177,500
121,813
177,204
Bus tokens
18,000
23,200
23,468
Suburban Subsidy
258,000
265,408
334,790
Bus charters
150,000
118,588
155,220
Bus charters - schools
475,000
490,644
525,620
Bus advertising
108,000
95,478
100,763
Garage (others)
-
-
-
Other revenue
135,000
169,970
80,773
11,742,415
12,029,566
11,718,944
Expenses
Transportation
6,474,733
6,497,502
6,427,888
Vehicle maintenance
2,149,300
2,329,442
2,135,473
Building
800,480
819,110
833,876
Administration
589,340
714,931
590,052
Interest
-
447,565
465,255
Amortization of tangible capital assets
-
1,904,561
1,878,514
10,013,853
12,713,111
12,331,058
Annual deficit
1,728,562
(683,545)
(612,114)
Accumulated surplus, beginning of year
-
12,799,730
13,411,844
Accumulated surplus, end of year
-
12,116,185
12,799,730
K-11
2016 2015
Financial Assets
Cash
12,715
9,990
Receivables
Trade
144,323
129,896
Federal government and other agencies
-
3,450
Due from City of Saint John
2,814,985
2,692,994
2,972,023
2,836,330
Liabilities
Accounts payable and accrued liabilities
873,511
1,095,470
Deferred revenue
10,603
15,149
Long term debt
7,920,000
8,280,000
8,804,114
9,390,619
Net debt
(5,832,091)
(6,554,289)
Non-financial Assets
Tangible capital assets
19,882,915
20,648,863
Accumulated Surplus
14,050,824
14,094,574
Commitments
Approved by the Commission
`"✓u�.P�� �`— Vice Chairperson
^' CEO
Wel
30
2016
2016
2015
Budget
Actual
Actual
Revenues
Parking lot rentals
2,388,515
2,541,979
2,342,149
Administrative revenue
42,000
40,362
36,639
Interest
24,000
33,079
26,652
Miscellaneous revenue
6,000
10,426
39,966
2,460,515
2,625,846
2,445,406
Expenses(Recovery)
Leasing costs
662,710
692,315
665,534
Amortization of tangible capital assets
603,647
527,397
560,573
Debt service charges
270,000
275,295
267,786
Parking lot attendants
287,400
239,277
248,978
Wages and benefits
224,400
235,240
210,701
Real estate taxes
298,600
230,425
292,618
Snow removal
227,000
150,632
366,014
Maintenance and repairs
105,000
67,984
132,727
Power
58,720
48,633
46,463
Parking lot supervision
50,700
48,554
50,380
Monitoring program
50,000
32,999
25,414
Special projects
180,000
29,878
44,733
Office
43,000
26,351
33,937
Miscellaneous
40,400
18,596
12,981
Insurance
19,800
16,169
21,702
Professional fees
27,000
12,794
21,883
Advertising
45,996
9,574
17,473
Commission expenses
8,400
3,899
7,409
Convention and travel
26,600
3,720
9,769
Bad debts
1,800
(136)
1,385
3,231,173
2,669,596
3,038,460
Annual deficit
(770,658)
(43,750)
(593,054)
Accumulated surplus, beginning of year
-
14,094,574
14,687,628
Accumulated surplus, end of year
-
14,050,824
14,094,574
30
July 13, 2017
To Mayor Don Darling and members of the City of Saint John Council:
I am sending this email to you and the other members of City Council in regard to those items listed in
the Council's Roadmap forSmart Growth that identifies Tucker Park Beach and a portion of Rockwood
Park as parcels of land to be sold as part of the plan to generate economic growth for the City.
I am opposed to the inclusion of these public lands for a number of reasons including:
1. The legal issue of these lands having been bequeathed/donated to the citizens of Saint John for
park use and now being sold to a private sector developer for their profit. Tucker Park and
Rockwood Park are green spaces, not excess land with neglected or vacant buildings. The
intention of Colonel Tucker was that the land be used as a public park for the citizens of Saint
John.
2. Beyond the legal issue of selling any part of Tucker Park, there is a common sense issue. Tucker
Park is the only public park with a beach access to the Kennebecasis River on the north side of
City.
3. The sale of green spaces like Tucker Park to spur economic development may not be the most
effective use of these natural assets. Many studies written by leading urban planning experts
point out the benefits of public/green spaces to the well-being of citizens living in cities. They
also emphasize the importance of such natural spaces for encouraging individuals and
businesses to relocate to a city in the future, thereby improving economic development for a
city over the long term.
4. There appears to be an erroneous perception that very few people use Tucker Park and the
Beach. Even as neglected as Tucker Park has been for the last twenty or so years, the citizens of
Saint John continue to visit the park and enjoy swimming in the Kennebecasis River and walking
the trail that runs along the River.
5. There is also a misperception that people of Saint John are not upset or concerned about the
sale of these two public spaces. In speaking with Councillors for the North End of the City who
kindly returned my phone call to them, stated that they have not heard a lot of opposition to
the sale of the lands thus concluding citizens must be okay with it. There is nothing further from
the truth. People are in disbelief that Council intends to sell Tucker Park.
6. Stonehammer site: global significance as a Stonehammer UNESCO Global Geopark
https://stonehammergeopark.com/geosite/tucker-park/. The rocks at Tucker Park are part of a
distinctive formation in the Saint John area. As stated on the Stonehammer UNESCO Global
geopark website, the rocks at Tucker Park comprise the Kennebecasis Formation, named for the
river. These are the oldest cover rocks in the park. A full description of the significance of the
rock formation cannot be understated. The UNESCO site not only describes the significance of
091
the rock formation in detail but also features the beach, hiking, swimming, trails and walking
attributes of this beautiful area of the City.
In closing, it is my understanding that Council has moved forward with the proposal to sell these green
spaces. I am writing Council to consider the option to support the efforts of the citizens group, the
Tucker Park Recreation Association, presently being organized to develop the Park and Beach area to its
full potential for the enjoyment of not only all citizens of the City of Saint John but now through The
Stonehammer website to citizens of the world.
I believe this option would result in a win-win outcome. First and foremost, it reinforces the message to
our citizens who are living here today — you are valued, you are important to this City. Second, it sends a
positive message about Saint John to people who are considering moving to or coming back home to
Saint John that we treasure the natural beauty of our City, from the harbour, to the unique streetscapes,
to our parks and to our rivers — we value them and we value them for the enjoyment of all people
whether you live here, visiting here or thinking about moving here. Finally, it is good for businesses
considering locating here. Businesses are looking for economic opportunity but also consider overall
positive and forward thinking communities, communities that have special amenities including arts and
cultural venues, recreation and green spaces for their employees. Tucker Park and Beach is a jewel, the
announcement of a start-up for Saint John Field House was great news for Saint John, it is awesome
news but you need these little jewels like Tucker Park to make the full crown, to bring out the brilliance
of our City. Please give the citizens of this City a chance to bring Tucker Park to its full potential to let it
be brilliant.
Thank you for your attention to this extremely important and sensitive issue to the citizens of Saint
John. If you have any comments or questions regarding this email, feel free to contact me by email or
phone at 648-9481
Brian J. MacDonald
978 Kennebecasis Dive
Saint John, N.B.
648-9481
From: Herb Duncan [mailto:duncan.herb747 mail.com]
Sent: July -20-17 9:33 AM
To: External - CommonClerk; Merrithew, David; Darling, Don; Reardon, Donna; Sullivan, Gary; Lowe,
Gerry; Norton, Greg; MacKenzie, John; Casey, Sean; McAlary, Shirley; Strowbridge, Ray
Subject: Tucker Park
Mayor Don Darling & Council
City Hall, 8th Floor
15 Market Square
P.O. Box 1971
Saint John, N.B.
E2L 41-1
commonclerkO-saintiohn.ca
1 (506) 648-3703
Date
Attention: Mayor Don Darling and members of Saint John Common Council
I am writing to you and the other members of City Council in regard to Council's Roadmap for Smart
Growth that identifies Tucker Park Beach as a parcel of land to be sold as part of the plan to
generate economic growth for the City.
I am opposed to the sale of Tucker Park or any portion of it. There is currently no shortage of
property in Saint John to develop, serious consideration should be given to developing currently
zoned residential, retail and commercial properties before we begin selling off parks that give people
a reason for choosing Saint John. Selling Tucker Park would realize a short term gain with a long
term consequence.
The issue has and continues to the high rate of taxation and in many cases over staffed inefficient
services. If you don't believe me just have a fender bender or twist you ankle and see how many
ambulances, police cars and fire trucks appear on the scene.
,7d"A, IxW,a.n.
Herb Duncan
W
From: Karla McLean [mailto:mcleankarla@gmail.com]
Sent: July -20-17 3:27 PM
To: External - CommonClerk
Subject: Tucker Park
Attention: Mayor Don Darling and members of Saint John Common Council
I am writing to you and the other members of City Council in regard to Council's Roadmap for
Smart Growth that identifies Tucker Park Beach as a parcel of land to be sold as part of the plan
to generate economic growth for the City.
I am opposed to the sale of Tucker Park or any portion of it.
Sincerely,
Karla McLean
01.1
From: Mark Palmer [mailto:mar;@nbnet.nb.cal
Sent: July -19-17 7:25 PM
To: Darling, Don; McAlary, Shirley; Armstrong, Blake; Norton, Greg; Casey, Sean; MacKenzie, John;
Lowe, Gerry; Reardon, Donna; Merrithew, David; Strowbridge, Ray; Sullivan, Gary
Cc: External - CommonClerk
Subject: Tucker Park Development
I have recently become aware of the consideration being given to selling land within Tucker Park to
private developers for the construction of condos. I believe that is highly inappropriate and a violation
of the public stewardship and trust that Council is responsible for to the people of Saint John. I am all
for development within the City, but not the loss of irreplaceable, beautiful public parkland. This is
simply wrong. We have no housing shortage in our City —just look in any neighborhood at the "for sale"
signs. We need to recover some of our traditional neighborhoods certainly and attract or create
business. This project will not contribute to those goals. I have no issue with development in the public
interest. The use of Tucker Park for hospital purposes or university growth or other projects that are
clearly in the public interest I fully support, but not condo housing that will cost us a fabulous scenic
public beach for a short term profit that will not fundamentally alter the City's financial situation. I live
in the West Side of Saint John, I am strongly opposed to this project as I would be to any similar project
involving public parkland, or any part thereof, in my own neighborhood. Protecting Tucker Park is a
public trust and a duty of all councilors. Thank you.
Mark Palmer
470 Windsor St.
Saint John, N.B.
E2M 2Z7
635-5742
Kul
c2ilaraham@gmail.com [mailto:c2i1 rc�m@gmail.com]
Sent: July -20-17 8:04 PM
To: Darling, Don
Cc: External - CommonClerk
Subject: Tucker park
Hello Don.
I'd like to take a minute of your time to express my view on the potential sale of Tucker Park and beach.
I grew up using the park and swimming there. We had life guards and it was a nice place to spend an afternoon or
evening with friends and family.
I think if the City of Saint John offers the land for sale we are losing park of the charm of our city and it's soul.
Please think of another way to raise some money than to sell off our assets.
We were once a proud city... known for our Loyalists heritage and a great place to live. I can't say the same now.
There is very little that people can associate with in Saint John that is historical. If we sell off our green spaces then
what is next; Rockwood Park?
Please think of ways to generate revenue for long term growth. I do have some ideas and I would be ,%ilhng to
share them with you.
Sincerely,
Chris Graham
Resident of Saint John
Teacher at SJHS.
M-11
From: Steve Butler mailto:sbwilderness56 mail.com]
Sent: July -19-17 11:24 AM
To: Darling, Don; McAlary, Shirley; Armstrong, Blake; Norton, Greg; Casey, Sean; MacKenzie, John;
Lowe, Gerry; Reardon, Donna; Merrithew, David; Strawbridge, Ray; Sullivan, Gary
Cc: External - CommonClerk
Subject: Sale of Tucker Park
To: Mayor Don Darling & Council
City Hall, 8th Floor
15 Market Square
P.O. Box 1971
Saint John, N.B.
E21- 4L1
cc: commonclerktg"�_saintjohn.ca
1 (506) 648-3703
July 19, 2017
Attention: Mayor Don Darling and members of Saint John Common Council
I am writing to you and the other members of City Council in regard to Council's Roadmap for Smart
Growth that identifies Tucker Park Beach as a parcel of land to be sold as part of the plan to generate
economic growth for the City.
I am opposed to the sale of Tucker Park or any portion of it.
This park area is one of only 2 river access point in the city, the other being Dominion Park on the west
side. This is vibrant part of our community and our city. At any given time, especially during the summer
months, this park and beach area is busy with people from the community and also tourists. There are
many groups that access and use this park as a starting point for showing off our river system and to
enjoy the trails which are used throughout the year.
People are moving to areas like ours to find more green spaces. This is the way most urban planning is
going throughout the world. We are already losing too many green spaces and I cannot understand why
our council is going the opposite way for the sake of a few tax dollars and a "quick fix" sale.
I am appalled and saddened that our Mayor and Council would even contemplate selling off a piece of
land that was donated to the citizens of Saint John as a park area to be enjoyed by all.
Sincerely,
Stephen Butler
866 Millidge Ave.
Saint John, NB
E2K 2N9
(H) 506-653-3856
(C) 506-608-0836
061
-----Original Message -----
From: Stu MacDougall [mailto:stuie.mac(@gmail.coml
Sent: July -17-17 9:50 PM
To: Darling, Don
Cc: External - CommonClerk
Subject: Tucker park
Stu macdougal
116 kennebecasis drive
Saint John, nb
To: Mayor Don Darling & Council
City Hail, 8th Floor
15 Market Square
P.O. Box 1971
Saint John, N.B.
E21-41-1
commonclerk@saintlohn.ca
1 (506) 648-3703
July 14, 2017
Attention: Mayor Don Darling and members of Saint John Common Council
I am writing to you and the other members of City Council in regard to Council's Roadmap for Smart
Growth that identifies Tucker Park Beach as a parcel of land to be sold as part of the plan to generate
economic growth for the City.
I am opposed to the sale of Tucker Park or any portion of it. I grew up iin, millidgeville and have returned
a few years ago and live not far from tucker park. It would truly be a crime against the citizens to sell off
this riverside parcel of land which is one of the very few public accesses to the river available. I visit
often and always see people there walking, enjoying the view or just hanging out.
The short term gain of this sale may appease some debt for the city in the near future but the negative
implications of the sale and loss of this public green space will last so much longer.
Further, it is my understanding that this land was given to the citizens of the city as a public green space
and that there is a sizeable chunk of trust money left. Perhaps if you used that to spruce up the park and
continue its upkeep folks would get even more use out of it.
Surely there are many other ways to generate revenue rather than selling off the publics park spaces.
Sincerely,
Stu MacDougall
From: Gary Chase [mailto:gary@voicefactory.cal
Sent: July -18-17 9:42 AM
To: External - CommonClerk
Subject: Tucker Park Plans
Gary Chase & Christine Chase
180 Kennebecasis Dr.
Saint John, NB E2K2G3
To: Mayor Don Darling & Council
City Hall, 8th Floor
15 Market Square
P.O. Box 1971
Saint John, N.S.
E2L 4L1
commonclerk0saintiohn.ca
1 (506) 648-3703
July 18, 2017
Attention: Mayor Don Darling and members of Saint John Common Council
I am writing to you and the other members of City Council in regard to Council's Roadmap for Smart Growth that
identifies Tucker Park Beach as a parcel of land to be sold as part of the plan to generate economic growth for the
City.
As a resident of Saint John, a taxpayer and a business owner in the city, I am opposed to the sale of Tucker Park or
any portion of it. Please let our city representatives know that we are opposed to any such plan.
Sincerely,
Gary & Christine Chase
Saint John, NB
Canada
!II
From: Maureen Creamer[mailto:maureengcreamerO)amail.com]
Sent: July -24-17 10:15 AM
To: Darling, Don; External - CommonClerk
Subject: Opposed to the sale of Tucker Park
Mayor Darling and Members of Common Council
I feel compelled to add my name to the list of citizens who are opposed to the sale of Tucker
Park. This beautiful stretch of the Kennebecasis River is an irreplaceable treasure. Its
development will rob the city's citizens of a peaceful, natural haven located a mere 10 minutes
from the city centre. It is a valuable resource whose future must be planned with careful and
informed thought. The value of this park cannot be measured in dollars or potential property tax
income. It is truly a priceless piece of the earth that has been entrusted to the citizens of Saint
John to care for and appreciate. Recent research tells us what we have known all along: spending
time in earth's natural beauty is good for the heart, mind and body. (NPR- National Public
Radio article: "Forest Bathing: A Retreat to Nature Can Boost Immunity and Mood"
http://www.npr.org/sections/health-shots/2017/07/17/536676954/forest-bath ing-a-retreat-
to-nature-can-boost-imm unity-and-
mood?utm source=facebook.com&utm medium=social&utm campaign=nPr&utm term=nprn
ews&utm content=201707231
I have lived in this area of the city for most of my life and have spent immeasurable hours at
"Tucker", beginning in the 1960's and continuing today. During every season, the park is in use
by a wide variety of people from all areas of the city: swimming, kayaking, sailing, skating,
cross country skiing, snowshoeing and walking. Clearly the list of ways to enjoy this place is
endless. It is unique in that, although it is close to so many amenities: a hospital, university and
many residential areas, it exists in its own natural beauty. Selling this parcel of land to those who
want to develop for upscale housing would be a travesty. I have seen other such developments
along this river that resulted in clear -cutting and destroying the habitats of the flora and fauna,
with street lights and culverts and I feel physically sick at the thought of the same fate even being
considered for Tucker Park.
Please retain this piece of property for the city of Saint John so that all citizens can enjoy all that
it has to offer for generations to come.
Respectfully,
Maureen Creamer
14 Westview Drive
Saint John, NB
Maureen Creamer - BSc, MEd
CALP Facilitator
Saint John Learning Exchange
Social Enterprise Hub
139 Prince Edward Street
Saint John NB
E21, 383
648-0202 www.sjle.org
:1 YJ
From: brendan Sheehan[mailto:bsheehan222Ca1gmail.com]
Sent: July -24-17 10:30 PM
To: Darling, Don
Cc: Casey, Sean; MacKenzie, John; External - CommonClerk; Sullivan, Gary; McAlary, Shirley
Subject: Newcomer Perspective - Tucker Park
Hello Mayor Darling,
My name is Brendan Sheehan. I recently mored to Saint John two years ago to work at the Saint
John Regional Hospital. After considering several career prospects in other cities, my wife and I
made the decision to move to Saint John because of the warm community and low cost of living,
to name a few. I live in Milligdeviile, and for the past two years have been proud to call it home.
I am writing with concerns regarding the proposed sale of Tucker Park for private development.
One of the things that stood out in my mind as special about Saint John when I moved here were
the beautiful public spaces available to the members of the community, of which Tucker Park
stood out foremost in my eyes. I understand that City Council is considering the sale of this land
to generate income for a city that is struggling financially. It is my feeling that the long-term loss
of one of the City's only publicly accessible beaches on the river system would far outweigh the
potential financial gain of property development. It may serve the City better to enhance Drury
Cove and help it realize its full potential.
Public green spaces, and in particular public beaches such as this, are essential for a vibrant
community. If a city wants to attract additional residents, retain its current citizens, and overall
grow its population, Tucker Park needs to be maintained for public use.
Thank you for your time.
Sincerely,
Brendan Sheehan, MD, FRCSC, Dip Sports Med
Assistant Professor, Dalhousie Medicine NB
Orthopaedic Surgeon
Saint John Regional Hospital
!191
SUBMISSION TO COUNCIL FORM
ABOUT jp�KRS
gNjgRQUP PR.,ESE,NTING
First Name- Al Last Name: Rouse
Narne of Organ izafion/Group N/A
Mailing Address: 32 Yacht Haven Lane
City or Town: Saint JohnProvince: Postal Cod
Day "Firne Phone Number- (Email:
Elf you do NCrT WiSh to have your personal informadon (address, phone nt.imber,
emaR) become part of the pubhc record, please check this box.
ABOUT YOUR SUBMISSION
'Topic OfSUbmission-1, Opposition to the Sale oto ']ucker Park for residential
development.
Executive Sllfflmary:
I want to register niy opposffion to 0-w sale oths parce� f Wid
YOUR SIGNATURE
Signature, Date�� Jtfly 19,2017
MR291M
Mayor Darbrig
Members of Common Council
Common Clerk
Your Worship,
I was alarmed to learn: Members of Common Council are contemplating selling Tucker Park for residential
development. Public access to waterways.should be protected and safeguarded as a city asset,. This
strategy should be an integral part of "Smart Growth' and even a smarter choice for attracting
prospective residents to our city.
The majority of citizens do not belong to the 1,%. Nor do they have the financial means to own
waterfront property. It has often been said, "You don't miss something until it is gone". One hundred
and three years ago Lt, Col, Tucker had the wisdom and the vision to realize the irnportance of
preserving the property he owned and gifted the land as a park, Tucker Park is ah what remains of this
gift. Let us not be shortsighted by selling this portion of the Storieharnmer Geo Park, North Americas first
UNESCO supported Geo Park, The beaches of Normandy, would also be considered by some, to be prime
real estate -ready for deveiopmeftt. It would be unimaginable to develop this land, Likewise it would be
unfathomable to sell this part of our UNESCO supported Geo Park, The rocks at Tucker Park are part of a
distinctive formation in the SaintJohn area,.The red Devonian age rocks are about 370 million years old.
The City should preserve this natural treasure for present and future generations, of Saint Johners,
i urge members of Common Council to resist the, shot term financial gains from the sale and taxes
collected from this parcel of land and weigh the collective good for the greatest number or citizens.
Sincerely yours,
Al Rouse
504-474 NB Ltd.
1580 Sandy Point Road
Saint John, N.B .
E2N-1A1
(506) 633-1882 (voice)
(506) 214-3620 (fax)
(506) 333-0039 (cell)
July 7, 2017
To: Mayor Don Darling (mayor; City of Saint John)
Growth Committee (City of Saint John)
Dear Mayor Darling and members of Growth Committee,
I am writing today based on information I have heard about over the
past few months. As I understand, the City (planning staff and elected
officials) have been considering selling off parts of Rockwood Park and
Tucker Park in order to generate short-term money for the City's operating
budget. I think there is also an interest for potential long-term (property tax)
income by having these areas built upon by unspecified private developer(s).
Of course, it is all speculative, at this point in time, and not pre -determined, I
would hope.
As members of the planning staff would already be aware, I am the
largest private real estate owner, in the vicinity, with a little more than 100
acres directly across the street (1.580-1600 Sandy Point Road). Over the past
several years, we have spent considerable money, investment, time, and
planning to develop "Eagle's Nest Estates". To my knowledge, the lands we
invested upon have already been tentatively approved for residential (RS -2;
TH; and RM -2; pending further engineering/traffic studies, etc, etc. but not
reasonable to do in current economic climate and lack of demand/decreasing
Saint John population and lack of jobs available) development. As such, I
am at a loss to understand why the City would want to sell Parkland (parts of
Rockwood Park) and, perhaps, unfairly compete against an existing
developer immediately across the street? Moreover, another private and
existing developer, immediately across the Street (Fieldstone Estates), also
has approved and many available lots that they have not had adequate
demand over the past several years to fill? Why would the City enter
competition against 2 approved/tentative developments immediately across
the street from 1671 Sandy Point Road when private developers have
already spent considerable investments in bringing these developments
forward but there exists no public demand for these lands, at the present
time? If you do have a development/significant investor interested in the
area, I would be more than happy to show them what we have to offer and
would be happy to .sell (parts or as a whole) my corporate assets to them?
Please advise me, if that is the case and more than speculation, at present.
As a private citizen and a private developer, I am concerned about
ongoing talks of selling Parkland (Rockwood Park) for no obvious reason,
when there exists (a great deal) surplus lands not only in the neighborhood
but immediately across the street. To continually talk about questionable
development across the street, potentially devalues and stops my
investments as arip vate and co orate citizen. Certainly, I have had no
benefit from the City talking to me about future development despite being a
major investor, in the area. I would first appreciate the City immediately
respect the moritorium that was placed on selling -off Parkland by previous
councils. Additionally, I would appreciate openness to myself and the public
about what your plans might be about selling lands attached to the Park. I do
not like the secretive/backroom dealings that have been characteristic of
these (Parkland) lands for the past several years. Additionally, I would
appreciate more discussion around potential sales and adverse competition
that could negatively affect my personal and corporate investments in this
City. Any efforts made by the City to seek increased revenues for residential
property taxes should be with existing land owners and property
development to the benefit of everyone involved. I should finally mention
that any high-density development of 1671 Sandy Point Road would
adversely affect traffic patterns on a winding and rocky 2 (two) lane road.
This would only complicate and potentially inhibit farther development of
my corporate lands that already has investigated many engineering and
infrastructure hurdles; thereby devaluating my potential sales and return on
investment (ingress and egress would be potentially right across the street
from 1671 Sandy Point Road; potentially requiring traffic light(s) and
stoppages). Certainly, it would very much complicate conflicts with future
plans/investment in the vicinity and potentially block further development;
contrary to what would be in the City's best long-term interests.
I look forward to open discussion about the available lands and future
development(s) near Rockwood Park and what it could mean for
Millidgeville/Saint John. It is in the general and specific interest of all of us
to openly discuss the planned development of the area in a responsible and
attractive manner. I have travelled to many areas around North America and
I believe that we can compete as a wonderful and beautiful community,
where people would dream and aspire to live within. Certainly, with the
rivers, river views, the mountains, the lakes, the Park, and everything that is
enveloped as a package, in this area, could make for beautiful future
development and steady growth for the City. I think any unplanned or ill-
advised development would set us all backward rather than progressing into
the future. Hopefully, we can agree on the general and specific goals for this
area for all of us, in the present and our future.
Most Respectfully,
Darrell Gallant, BSc., M.D.
President 504-474 NB Ltd
!E:3
From: Linda N. Oliver fmailto:barbertenor(-Ohotmail.com1
Sent: July -27-17 2:30 PM
To: Darling, Don
Cc: External - CommonClerk
Subject: Re: selling of Tucker Park
Dear Mayor Darling and Council,
Yesterday, July 26th, was the perfect sunny day to go to the Keach. My friend and I decided to
go to Tucker Park & Beach, to see what it is like. We both have not been there for some time.
We were pleasantly surprised how beautiful it was. It's like an oasis right in the city of Saint
John. We stayed for about four hours, enjoying the sun and the beautiful scenery, and the
water was great to swim in, not too cold and seemed to be very clean. By the time we were
leaving, the beach was full of kids and families. So, we would like to see this oasis, quoting the
late Elsie Wayne, "greatest little city in the east", to remain with the city. Please do not sell
Tucker Park & Beach. Go see it for yourselves on a beautiful, bright, sunny day this summer. I'
sure you'll all agree. Thanks for listening. Linda Oliver, West Saint John citizen.
!Loll
From: Candace [mailto:candvcan@live.ca]
Sent: 3uly-27-17 5:30 PM
To: Darling, Don
Cc: External - CommonClerk
Subject: Sale of Tucker Park
Mayor Darling
I am shocked and disappointed to hear the council is considering the sale of Tucker Park. This is
a beautiful picturesque area that is enjoyed by the citizens of Saint John. The councilors and you
should be looking at how this area might be developed for tourists. The Kennebecasis is Drive is
a beautiful picturesque area second to none! Together with Tucker Park it could be a potential
tourist attraction.
I live in Millidgeville and I am so grateful to have such beauty so close.
I want to be on record as strongly opposing the sale of Tucker Park and Rockwood Park.
Sincerely Candace Boylec
6119]
From: Beth Kemp [mailto:m.beth.kemp(agmail.com]
Sent: 3uly-28-17 12:29 PM
To: Darling, Don
Cc: External - CommonClerk; MacKenzie, John; Lowe, Gerry; McAlary, Shirley
Subject: Rockwood Park #1671
"So far, frankly, I've only heard from a very small group of people on this issue specifically, " said
Darling. '7 hear daily from people who are tired of their taxes, who want growth, who want to see
more people here."
Please consider this email my disapproval of including Rockwood Park parkland (or any piece of it)
in the Growth Plan for Saint John for purposes to improve the city's tax base.
When I read your comment above I had so many responses that I decided to share them with you.
Yes, I am tired of the high taxes. Do I want you to throw away our one gem in this city because we
have higher taxes? No. Do the citizens need to tell the city this every year or every time this 'old'
thought gets added back into the agenda? It's like ground hog day. We want our parkland. Is this not
part of Play SJ? Were green spaces not ranked high ?
I also do not think this is a good example of making hard decisions. I think it is a good example of
making an unwise decision. I just read the presentation by FORP that was included in the 2017-07-
05 agenda packet. I'm concerned that we (city) are spending time on this again.
The 'timing' of this agenda item is concerning. Choosing a summer month when most people are
focused on vacation and travel, not local civic issues. Further, I cannot find any details on the city
website as to who to send my concerns to. Also, there is no agenda available for this upcoming
meeting. So I ask, how is a tax paying citizen to stay informed and voice their concerns? The
process is not clear to me. I called (common clerk, growth and community development) and it 'may'
be available a day before the meeting. This is not acceptable timing.
I would like the City to maintain the current zoning "Park" for #1671. Worst case, let's do a public
vote on the matter. It's that important.
Regards,
M Beth Kemp
51
From: john sheehan [mailto:sheehanias a amail.com]
Sent: August -01-17 8:06 AM
To: Darling, Don; McAlary, Shirley; Armstrong, Blake; area.normanCa)saintiohn.ca; Casey, Sean;
MacKenzie, John; Lowe, Gerry; Reardon, Donna; Merrithew, David; Strowbridge, Ray; Sullivan, Gary
Cc: External - CommonClerk
Subject: Tucker Park Development
6 Park Avenue
Grand Bay -Westfield, NB
E5K IW5
August 1, 2017
Attention:
Mayor Don Darling and Members of Saint John Common Council
City Hall
P.O. Box 1971
Saint John, NB
E2L 4L1
Dear Mayor Darling and Members of Common Council,
I am writing to express my concern regarding the possible sale of Tucker Park for private
development as part of the City's Road Map for Smart Growth. Although I am a resident of
Grand Bay -Westfield, I was born in Saint John, have worked and volunteered in the city for
more than forty years, and my children and grandchildren live in the city, as well as other
members of my family. I care passionately about the city's future.
Mayor Darling, in a recent Facebook post, you stated "there is no plan to sell Tucker Park at this
time. There is a plan to explore options and the feasibility of using some of the land differently.
It would be my view, that the area currently used by the public should remain fully accessible
and public land". While I am somewhat encouraged by your statement, you raise a number of
unanswered questions. Specifically:
- Does "no plan to sell Tucker park AT THIS TIME", mean that there may be a plan in the
near future?
- What are the details of the "plan to explore options and the feasibility of using SOME of
the land differently"?
- What do you mean by "the area currently used by the public"?
Notwithstanding your statements, the stated goals of the Road Map remain as follows:
"Aggressively facilitating the development and sale of key municipal -owned properties"
"Review and pursue Tucker Park (municipal -owned land) development opportunities"
61►
I believe selling or repurposing any part of Tucker Park would be ill-advised for a number of
reasons, most notably:
1. It is in conflict with the city's own Plan SJ, which states: "The City will be a leader in
sustainability, protecting and identifying strategic improvements to cherished green spaces,
natural assets and key recreational facilities. Citizens will enjoy greater quality of natural,
recreational and cultural amenities, and new and expanded connections to public
waterfront areas, parks and open spaces, trails, beaches, boardwalks and cycling routes by
focusing on enhancing key public views to the water."
2. One of the goals in the Roadmap is to develop "a population growth strategy to recruit and
retain new residents to Saint John from neighbouring communities, New Brunswick, Atlantic
Canada and the rest of Canada" Maintaining publicly accessible green spaces, especially along
main waterfront areas is a huge magnet for attracting newcomers. One of the trends over the past
few decades is the migration of City residents to outlying areas like Grand Bay -Westfield,
Rothesay and Quispamsis. In fact, we moved to Grand Bay when our children were young,
mainly because of the lack of green spaces in the city. Why would residents with young families
living in these areas move to Saint John when they have an abundance of recreational facilities,
green spaces and parks, while Saint John is promoting a plan to sell similar spaces for private
development? Tucker Park is the City's only water front park with public beach access on the
Kennebecasis River. It is baffling to many why the city would ever consider repurposing any part
of this public gem. Other cities that have had far healthier population growth than Saint John
have had this success to a significant degree by maintaining and enhancing their waterfront
parkland for public use — look no further than Grand Bay -Westfield, Quispamsis, Rothesay,
Fredericton and Halifax.
3. One argument that has been advanced for privatizing portions of the park is to increase the
City's tax base, with the assumption that building lots could be sold for private use. This flies in
the face of reason, considering the abundance of unsold waterfront and other properties in
Millidgeville that have been on the market for a number of years. The notion that parts of the
park could be sold for private development while the beach would remain fully accessible to the
public also makes little sense, as prospective buyers would likely be reluctant to build expensive
new homes without some guarantee of privacy.
4. The parkland in question was bequeathed to the city for public recreational use. In spite of
the majority of Colonel Tucker's original land grant being repurposed for university and hospital
development through an act of the Provincial Legislature, most would find this justifiable as both
these developments have served the public well. To sell any of the remaining parkland for
private use is completely contrary to the intended purpose of the original bequest to the City.
6V
Surely, as City leaders, you see the wisdom of not only maintaining Tucker Park as a public green space,
but of fully developing its potential to better serve the recreational needs of existing residents and to
attract newcomers. One only has to look at the success of enhancements at Rockwood Park over the last
few years to understand the benefits of preserving public green spaces.
Respectfully,
John Sheehan
6'i!
---------- Forwarded message ----------
From: Lori Roberts <roberts.lorimggmail.com>
Date: Sat, Jul 29, 2017 at 9:44 PM
Subject: Tucker Park
To: Mayor Don Darling <don.darlinggsaintjohn.ca>
Lori Roberts
470 Gault Rd
Saint John, NB E2M 5H4
His Worship Mayor Don Darling
City Hall
Saint John, NB E2L 4L1
July 29, 2017
Dear Mayor Darling,
I am in full support of the Tucker Park Recreation Association in their goal to Save Tucker Park
& Beach. I realize the dire financial situation facing the city of Saint John and commend you
and council in your attempts to find viable solutions. I also realize, however, that a city's green
space and recreational opportunities to enjoy it, are paramount to its citizens and its attempts to
draw new residents.
Tucker Park, as well as Dominion Park, provide valuable beach access and trails along the Saint
John River which are the envy of other municipalities. At a time when the importance of
maintaining and increasing our magnificent Harbour Passage Trail is fully recognized, it is
inconceivable that our limited river frontage is now being threatened. Not only should it be
preserved, but also developed into better trails.
Please heed the pleas of the Tucker Park Recreation Association and Save Tucker Park & Beach.
Sincerely,
Lori Roberts
6191
From: Denise Ainsworth [mailto:denise60Cd)nbnet.nb.ca]
Sent: August -01-17 11:28 PM
To: External - CommonClerk; Strowbridge, Ray; Sullivan, Gary; Lowe, Gerry; Casey, Sean; Armstrong,
Blake; MacKenzie, John; Merrithew, David; McAlary, Shirley; Reardon, Donna; Norton, Greg; Darling, Don
Subject: City Parks
Mayor & Councillors,
The citizens of Saint John are owed an explanation as to why the city is competing with private
land developers in the Millidgeville area. Mayor Darling is leading the charge to sell for
development an 11.8 acre area of Rockwood Park and potentially 20 plus acres of Tucker Park.
What is all this promotion of developing public lands about when private developers on and
around Sandy Point Road have been struggling for many years to sell lots already cleared and
serviced. This makes zero sense and leads one to believe that the market for housing
development has flatlined in this area. So please show us the data and market studies that will:
a) indicate that the city isn't competing with & cutting into the private sector pie
b) that developing these areas will not be adding substantially to the city budget & deficit
through additional infrastructure & maintenance costs.
c) that there are no parcels of infill land that could be developed to increase density & improve
existing neighbourhoods (as per Plan SJ)
Furthermore clarification is needed as to whether it is even legal (yet alone ethical) for the city to
sell Tucker Park-- land that was donated specifically for park use.
I would appreciate an answer to these questions. As a user of these parks and a taxpayer I am
very concerned about the very real potential we are facing of squandering our green space to
development that was never viable to begin with.
Sincerely,
Denise Ainsworth
Saint John, N.B.
67�
Evans, Richard
From: Taylor, Jonathan on behalf of External - CommonClerk
Sent: August -02-17 7:43 PM
To: Evans, Richard
Subject: FW: Parkland is one of our biggest assets
Would you add this to the agenda?
From: Mary Beth Watt [mailto:watt mary bethCa)hotmail.com]
Sent: August -02-17 4:37 PM
To: Darling, Don
Cc: External - CommonClerk
Subject: Parkland is one of our biggest assets
Good afternoon,
Please add my name to those who oppose selling off parkland for any reason. Mayor, you are forward
thinking and seem to have a good sense of the City. My opinion is based on the following observations;
1) Saint John is becoming well-known locally, nationally and perhaps even in the wider world as a beautiful
city with lots of green space. The newcomers to the City, that I frequently have the opportunity to talk
to, seem to appreciate this aspect of "City" living.
2) People who don't own waterfront land are entitled to access to water (I really hope you believe this to be
true).
3) There are loads of undeveloped lots in the Sandy Point and University Ave. neighbourhoods and lots of
houses for sale. The houses that will be built on this land will be huge, expensive, exclusive and out of reach
for most of Saint John's population. Consider the optics.
4) The General would not condone this for Tucker Park, Rockwood Park land should be considered sacred in
the secular sense (as it has been -historically).
5) There are green/eco opportunities - hire summer staff with SEED funding or a lifeguard; think about
revenue generating ideas like children's camps/swimming lessons, eco -camping or a Caribbean -style
BBQ. The recreation department must have some new ideas.
6) Legacy matters. People matter. Nature matters.
In closing, I will tell you that on my recent visit to the Tucker Park beach, there were many newcomers and
native Saint Johner's enjoying themselves. Check it out - it's a lovely atmosphere and a breath -taking
setting. Any decision on reducing Saint John's parkland runs the risk of being seen as shortsighted. This does
not fit with all the efforts to make Saint John stand out as a progressive city.
I hope you are of the same mind,
Yours truly,
Mary Beth Watt (An average Saint John citizen)
6'tl
From: Alan Rivers-Bowerman[mailto:alanriversbowermanCa)amail.com]
Sent: August -02-17 1:26 PM
To: Darling, Don
Cc: External - CommonClerk
Subject: Tucker Park Sale Opposition
Hi Mayor Darling,
I am writing to voice my opposition to the proposed plan to sell and re -develop Tucker Park. As
a resident of Milledgeville, I make frequent use of the park and find it to be a beautiful and
relaxing place. It is a bit of a hidden gem in the city and I believe it is places like Tucker Park
that make Saint John unique and attractive.
I fully understand the economic challenges the city faces and that only significant change will
reverse our recent fortunes. However, I do not think the sale of the park is a viable part of this
change.
Appreciate all the hard work you do and I believe your vision for Saint John is what the city
needs.
Alan Rivers -Bowerman
6'1:3
Evans, Richard
From:
External - CommonClerk
Sent:
August -04-17 11:30 AM
To:
Evans, Richard
Cc:
Taylor, Jonathan
Subject:
FW: Tucker Park Study
Hi again
PIs check if this made the agenda.
If not, add on.
Thanks
Pat
-----Original Message -----
From: Brian Earle [mailto:bearlec603@rogers.com]
Sent: August -03-17 5:21 PM
To: Brian Earle
Subject: Tucker Park Study
To Mayor Darling & Councillors
Hi,
We are writing today to add our voices to the rapidly growing number of people opposed to the sale of land in Tucker
Park. We have lived in Millidgeville for 43 years and have seen almost all the waterfront land developed into private
housing. Tucker Park is one of the few spots remaining with public access. Tucker Park is not just the beach. Beyond
the beach is a series of beautiful rocky inlets providing secluded spots for picnics. Beyond those the trail runs along the
shoreline until it meets the Irving property. If you don't know the park please take the time to visit.
There are hundreds of building lots for sale in this area and many of them have been on the market for a long time.
With the real estate market in this state, developing this land is not going to help the financial state of the city. Lack of
recreational facilities is more likely to drive people away
Tucker Park was donated to the city as 283 acres and now only 28 acres or 10% is left. In 2017 most communities are
looking to add to their public parks while we are looking at plans to sell them off. The Mayor and Council could leave a
legacy to the city by preserving the park for the future. The alternative is to be remembered as the Council who sold off
the park for short term gain and deprived future generations of enjoying the parks beauty and tranquility.
How do you want to be remembered?
Regards
Brian and Anthea Earle
652-6032
1
59
COUNCIL REPORT
M&C No.
2017-193
Report Date
July 26, 2017
Meeting Date
August 08, 2017
Service Area
Transportation and
Environment Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: Intersection Safety Devices
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner/Dept. HeadL4
City Manager
Tim O'Reilly
Michael Hugenholtz
m
I Jeff Trail
RECOMMENDATION
Your City Manager recommends Common Council direct the Mayor to send a
letter to Hon. Denis Landry, Minister of Justice and Public Safety, communicating
the City of Saint John's support to amend the New Brunswick Motor Vehicle Act
to enable the use of intersection safety technology to supplement policing
capacity in improving public safety in New Brunswick.
PREVIOUS RESOLUTION
N/A
REPORT
Intersection safety technology devices are electronic tools used to enforce
violations of driving laws such as running a red traffic light or speeding. These
devices, sometimes referred to as "Red Light Cameras" or "Photo Radars", are
meant to supplement enforcement by police officers.
In other jurisdictions, including other provinces, these devices are permitted to
be used. However, the New Brunswick Motor Vehicle Act (MVA) prohibits their
use in this province.
The City of Fredericton has been actively advocating for the MVA to be amended
to permit these devices to be used in New Brunswick. Thus far, the City of Saint
John has not taken an official position on this topic. The City received the
attached e-mail and letter recently from the Cities of New Brunswick Association
-2 -
requesting other jurisdictions in the province support Fredericton's advocacy
efforts.
City staff is recommending Common Council request the permissive legislation
change as it provides another tool for this province's municipalities to manage
the services it delivers.
City staff however clarify that its support at this time is limited to changing the
legislation. A recommendation to act (or not) on this permissive legislation, if
adopted by the Province, by introducing the technology on Saint John's City
streets requires more due diligence first. Clarifying how this initiative would fit
in with the City's priorities, receiving general public feedback, consultations with
the Saint John Police Force, financial and resource implications, and other
community costs and benefits are among the topics that should be explored.
Staff recommend that Common Council also ensure this distinction in its support
at this time, if it so chooses, is clear.
STRATEGIC ALIGNMENT
Permissive legislation, such as that is discussed in this report, allows the City of
Saint John more tools to manage the services it delivers.
SERVICE AND FINANCIAL OUTCOMES
No service or financial changes are expected as a result of Common Council
supporting staff's recommendation.
ATTACHMENTS
July 21, 2017 e-mail and letter from the Cities of New Brunswick Association
AI
0'Reill Tim
From: Taylor, Jonathan
Sent: July -24-17 838 AM
To: Trail, Jeff, Hugenholtz, Michael; O'Reilly, Tim
Subject. FW: Intersection Safety Devices/Cam6ra de s6curit6 aux intersections
Attachments: denislandry-2017072117395000.pdf
From: Denis Roussel [jn�jjto:d.roussel a 8citiesnb.com]
.... . ..... -- . .... J .. C
Sent: July -21-17 10:40 AM
To: (Conseiller) Fournier Charles; Adam Lordon; Dawn Arnold; Darling, Don; Eric Megarity; Lee Stever; Mayor; Mike
O'Brien; Paolo Fongemie; Shawn Crossman; McAlary, Shirley; Simard Cyrille (maire); Sterling Loga; Yvon Lapiierre; Ted
Gaudet; Stephen Chase
Cc: Brenda Letourneau; Carol Lemire; Murray, Jennifer; Nicole LeBlanc; Nicole Poirier; Peggy Doyle; Plourde Manon;
Taylor, Jonathan; Fr6d6rick Dion; Raymond Murphy
Subject: Intersection Safety Devices/Cam6ra de s6curit6 aux intersections
Good Morning,
On July 10th, 2017, the Fredericton City Council passed a resolution, officially directing staff to write a letter
to the Minister of Justice and Public Safety, The Honourable Denis Landry, asking the province to bring
changes to legislation in order to allow the use of intersections safety devices ( Cameras and radars).
We believe that if the others cities were to pass a similar resolution, the provincial government would have
more reason to consider allowing the use of these devices. I ain including the letter that was sent to the minister,
in which you will also find the resolution passed on July 10th. The city of Fredericton created a inomenturn, so
hopefully we can take advantage of it. If you need more information, please do not hesitate to contact me.
Best Regards,
Bonjour,
Le 10 juillet dernier, le conseil municipal de Fredericton a adopt& une motion qui demandait au personnel de
composer une lettre au ministre de la justice et de la s6curit6 publique, Phonorabl e Denis Landry, demandant h
la province de peri-nettre Putilisation de dispositifs de s6eurit6s aux intersections ( cam6ras et radars).
Nous croyons que si les autre cites passaient une resolution similaires, le gouver-neinent provincial auralt plus
cl'int&& a consid6rer de perinettre Putilisation de ces dispositifs. Yinclus la lettre qui fut erivoy6 au ministre, qui
mclus aussi la resolution adopt,&e le 10 juillet dernier. La ville de Fredericton a cr&e un momentum et j'esp&e
que nous saurons en profiter. Si nous avez des questions ou commentaires, ri'h6sitez pas a me contacter.
Meilteures Salutations,
Denis Roussel
Executive Director/Directeur G6n6ral
Office/Bureau (506) 452-9292
Cell (506) 440-6237
1
62
Cities One is Gties of New Brunswick Association
Cit6s, Une voix Assodaflon des OtC'S dU Nouveau Brunswick
2
63
i1jly 11'2017
Hon. Denis. Landry
Minister of Justice and Pubrlic.Safety
Argyge Place
P., 0. BbXr'6000
Fredeftlon, NB EM 5.111
Dear Minister Landry:
Re; lritersqcticin Saftt:K_D Devices
At its meeting held on Monday, July 10, 2017, Cou.n.cll, whlle.acting in committee, passed the, following
THAT staff be directed to compose a letter to the Province of New Brunswick requesting
amendments to thie'New Brunswick ll ic.tor Veehlc?e Act to enable the use of intersection safety
technology to supplement policing rapacity in irnprovingpublic safety 'Iri New Brunsmilck.
The City of Rederictonjis continually exploring- ways in whichWe can improve traffic safety; one
Possibility that has worked in other jurisdictions has been through the,use. of intersection safety dEmces_
There are many details that would need to be resolved before the City of Frederictonor any other
municipality in the , Province would use this technology, but the first step is to make it.legall V PQS5ible,
w.hich.is why -City Councfl chose to adopt this resolution.
We would like the o."ppQrtunity--to'rneet with you, and'the.approprjate rnerhbersnfyoer staff, t6 discuss
the issue of.intersection safety further. A meeting can be coord'Inated :bycontacting my Assistant
Jennifer GCodine at J' nitifer.—Gon, in
e -n A CaFr.. rlctcrrrgeLoe 460
Sincerely,
WQHAEL G...G RIEN
-MAYO R-
Office,Otbe., Mayor Bureau d.0 mitre
PO BOX 130 (City, Haljy C�:P, 1'30 (hdtel deivifle)
357 QU=a 6trcet WT, rue Queen
Fredericton, W E31341'7 Frederidon (N -B.) E36 4Y7.
506-4650-2,0$5.1 F 506-460-2134 T506-4BD-2085 / F 506.460-2-134
iVIVI 7
64
July 13, 2017
The Honourable Don Darling
City of Saint John
15 Market Square
Saint John, NB E2L 4L1
Dear Mayor Darling,
or �r
l � �4`x+�� r/ � irk✓/p "ffF'v ° � �� s""pis �il�Y ""r ,per.
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✓�Y YOUR ENVIRONMENT*40UR EXPERTISE
.111 PL 2 I`i4 2017
mm"" :"taw"Jw' mm' mN
The Heating, Refrigeration and Air Conditioning (HRAI) is a national association that represents more than
1,300 heating, ventilation, air conditioning and refrigeration (HVACR) manufacturers, wholesalers and
contractors who provide the products and services for indoor comfort and essential refrigeration processes.
Many of our members provide products and services to the people of New Brunswick and the City of Saint
John.
HRAI would like to draw your attention to a matter of serious concern to our members in the Province of New
Brunswick. Our concern is regarding the City owned Saint John Energy (SJE) heat pump rental program. HRAI
has traditionally had good relationships with utilities across the country, owing to the fact that the products of
our industry represent a significant portion of the energy utilization in homes and buildings. These
relationships, however, are based on a fundamental principle that the role of regulated monopoly utilities
should be limited to the safe and reliable delivery of energy (electricity, natural gas) while the role of our
sector is the provision of products and services "downstream of the meter."
In the case of SJE, this utility has overstepped the boundaries of this relationship by offering the heat pump
rental program. The company has selected only one installer, one supplier and one manufacturer for their
program. This represents an inappropriate and unhealthy intrusion into the competitive HVAC marketplace.
Utilities should not be making equipment supply decisions for their customers. This leaves other marketplace
participants at a significant competitive disadvantage.
HRAI requests the opportunity to discuss this matter further with you at your earliest convenience. Our goal is
to identify appropriate energy solutions that work for the people of Saint John and the surrounding area
without causing harm to the HVACR marketplace. We look forward to your response.
Yours very truly,
Warren Heeley
President
cc: Councilors, City=of Saint John
Rick Ellul, HRAI Chair
David Weishuhn, HRAI Contractors Division Chair
John O'Keefe, HRAI Contractors Division Atlantic Board Member
Martin Luymes, Director, Programs / Relations, HRAI
Scott Papp, Manager, Divisional Programs (Contractors), HRAI
John Sutherland, HRAI Atlantic Regional Manager
Heating, Refrigeration and Air Conditioning Institute of Canada 12350 Matheson Blvd. East, Suite 101 1 Mississauga, ON L4W 5G9
Tel: 1-800-267-2231 or 905-602-4700 4 Fax: 905-602-1$6 1 E-mail: hraimail(u3hrai.ca I Website: www,hrai.ca
COUNCIL REPORT
M&C No.
M&C 2017-189
Report Date
July 04, 2017
Meeting Date
August 08, 2017
Service Area
Finance and
Administrative Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT. 2017 Agreement with SOT Brunswick Square Inc. for Cleaning and
Security Services for Chipman Hill
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner/Dept. HeadCity
Manager
Jason Barton
Kevin Fudge/lan Fogan,
Samir Yammine
Jeff Trail
RECOMMENDATION
As provided in M&C 2017-189, the City Manager recommends:
1) That the City enter into a one (1) year agreement with SOT Brunswick
Square Inc. for cleaning and security services for the Chipman Hill Pedway
at an annual cost of $48,830.75 (excluding HST) for the calendar year
2017; and
2) That the Mayor and Common Clerk be authorized to execute the said
agreement.
EXECUTIVE SUMMARY
The purpose of this report is to seek Common Council's approval to enter into an
agreement with SOT Brunswick Square Inc. (formerly Fortis Properties) for
cleaning and security services for the Chipman Hill Pedway for the 2017 calendar
yea r.
The installation of the new full service passenger elevator in 2016 at the base of
the City Market, will provide the City an annual minimum savings of
approximately $5,995.17 annually (excluding HST), since McCOR Management
(on behalf of SOT Brunswick Square Inc.) is no longer required to operate the Lift
Device for Persons with Disabilities as in prior years.
McCOR Management, on behalf of SOT Brunswick Square Inc. (formerly Fortis
Properties), has been providing cleaning and security services for the Chipman
Hill and City Market pedways for many years.
C��
-2 -
PREVIOUS RESOLUTION
At a meeting of the Common Council held on March 21t", 2016, the following
resolution was adopted:
RESOLVED that as recommended by the City Manager in the
submitted report M&C 2016-064: 2016 Agreement with Fortis
Properties for Cleaning and Security Services for Chipman Hill and City
Market Pedways:
1) The City enter into a one (1) year agreement with SOT
Brunswick Square for cleaning and security services for the
Chipman Hill and security services for the City Market
Pedways at a cost of $61,953.30 including HST for the year
2016 in the form as attached to M&C 2016-64; and
2) That the Mayor and Common Clerk be authorized to execute
the said agreement.
STRATEGIC ALIGNMENT
The Chipman Hill Pedway, forms part of the interconnected Pedway system (also
known as the "Inside Connection") that ultimately connects much of the uptown
core — from the City Market to the Saint John Hilton Hotel to Harbour Station, as
well as all amenities in between.
The Pedway system contributes to Plan SJ in a variety of ways, including its
location in an intensification area (uptown primary centre), being barrier -free
accessible throughout, and being a connection point in the uptown circulation
network.
REPORT
In 2016, SOT Brunswick Square Inc. acquired Brunswick Square from Fortis
Properties. McCOR Management currently provides day-to-day property
management services on behalf of SOT Brunswick Square Inc. For all intents and
purposes, McCOR Management is the City's primary contact and service
provider, and is herein referred to as such.
As presented in a previous report to Common Council (M&C 2013-183), the cost
of the services provided by McCOR Management (formerly Fortis Properties) is
less than cost for which the City of Saint John could procure and/or provide the
services directly. McCOR Management is able to be very competitive with their
pricing since they have been providing these services for many years and have
developed efficiencies in doing so. They also recognize the value of the Pedways
AYA
to Brunswick Square and the Delta Hotel, thus, they have shared the cost of
these services with the City of Saint John, further reducing the cost to the City.
In 2016 the City also upgraded the previous Lift Device for Persons with
Disabilities at the City Market Pedway to a full service elevator as part of the City
Market Capital Improvement Program. The previous lift device required McCOR
Management to monitor and operate during all operating hours of the Pedway.
This service is no longer required with the installation of the full service elevator.
SERVICE AND FINANCIAL OUTCOMES
The total cost of cleaning and security services for the Chipman Hill Pedway for
the 2017 calendar year is estimated to be $48,830.75 ($4,069.23 monthly),
excluding HST. This cost is lower than 2016 ($54,825.93 or $4,568.82 monthly,
excluding HST) due to the installation of the new full service passenger elevator
at the base of the City Market. Although the Lift Device for Persons with
Disabilities was in service until March 31, 2016, this is the first full year the full
service passenger elevator is in service at the City Market Pedway. In the past,
McCOR Management was responsible for the operation of the Lift Device for
Persons with Disabilities under this agreement. Now that the City has a full
service passenger elevator, this service will no longer be required, saving the City
approximately $5,995.17 annually (excluding HST).
Staff of the Facility Management Division considers that the proposed
agreement with McCOR Management is a cost effective solution as compared to
the alternatives available at this time, thus, recommends its execution. Funding
for the costs associated with this agreement for cleaning and security services
have been provided in the 2017 operating budget of the Facility Management
Division.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
Representatives from Facility Management, Finance, and Legal Services have
reviewed this report and are satisfied with the recommendations as they pertain
to their respective areas of service.
ATTACHMENTS
Agreement by and between the City of Saint John and SOT Brunswick Square Inc.
for cleaning and security services for the Chipman Hill Pedway
C�:3
June 26, 2017
Office of the Common. Clerk
City Hail Building
P.O. Box 1971
Saint John, NB B2L, 41-1
To whomever it may concern,
Slate Asset Management L.P.
121 King St Uhl, Su[te Zap
Toronto, ON M5H3T9
T +1 416 644 4264
F +1416 947 9,366
slratearn,corn
Re. Pedway Agreement between the City of Saint John and SOT' Brunswick Square Inc..
Please find enclosed three (3) copies of the agreement between the City of Saint John. and Sar
Brunswick Square Inc. for the Chipman Hill Pedway. Once executed by the Mayor, please return
two copies my attention at the address above.
Kind regards,
Nicole Trpcic
Administrative Assistant
Encl.
C:1']
THIS AGREEMENT made in triplicate copies this 10th day of January 2017.
SOT BRUNSWICK SQUARE INC., a body corporate
incorporated under the laws of the Province of Ontario and having
its head office in the City of Toronto, Province of Ontario,
hereinafter called Brunswick Square
OF THE FIRST PART
- and —
THE CITY OF SAINT JOHN, having its City Hall at 15 Market
Square, Saint John, New Brunswick, a body corporate by Royal
Charter, confirmed and amended by Acts of the Legislative
Assembly of the Province of New Brunswick, hereinafter called
the "City"
OF THE SECOND PART
WHEREAS the City is the owner of premises known as the "Chipman Hill Pedway" and the
"City Market Pedway", hereinafter called "the Pedways";
AND WHEREAS Brunswick Square is the owner of the premises located in between the two
Pedways -
AND WHEREAS the purpose of this agreement is to provide for the maintenance and security of
the Pedway by Brunswick Square;
NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the mutual
covenants and agreements herein and subject to the terms and conditions set out in this Agreement, the
parties agree as follows:
1. This Agreement is for a tend of one (1) year beginning on January 1, 2017 and ending on
December 31, 2017.
2, Brunswick Square shall keep the Chipman. Hill Pedway in a clean and tidy condition and not
permit garbage, ashes, waste or objectionable material of any kind to accumulate on or about
e Pedway. This includes, but is not necessarily limited to floors,, windows, window frames,
doors and railings, The City shall keep the City Market Pedway in a clean and tidy condition
and not permit garbage, ashes, waste or objectionable material of any kind to accumulate on
or about the City Market Pedway. This includes but not necessarily limited to floors,
windows, window frames, doors and railings.
3. (a) Brunswick Square shall have access to the Pedway to carry out inspections of the
condition of the said Pedway,
No]
P.,
(b) In the event that such inspections reveal that emergency type repairs or replacements are
required, then in such an. event, Brunswick Square shall immediately perform such repairs or
replacements as are necessary to correct the emergency in a good .and workmanlike manner,
and subsequently advise the City of the emergency and related repairs as soon as reasonably
possible. For such emergencies, Brunswick Square shall add a 15% administration fee to all
costs incurred,
(c) In the event that such inspections reveal that non -emergency typeP
repairs or replacements
are required, then in such an event, Brunswick Square shall so advise the City, and the City
shall be responsible to do these non -emergency type repairs or replacements at its own costs
at its fall discretion.
4. The City shall maintain the structural integrity of the Pedways,
5. (a) The City shall keep the Temperature in the Pedways set at 19 degrees Celsius twenty-
four (24) hours per day and seven (7) days per week between the months of October and
May.
(b) The City shall provide cooling to the Chipman Hill Pedway only when the temperature
reaches or exceeds 24 degrees Celsius between the months of June and September and only
between the hours of 9:30 and 5:30prn, Monday through Saturday. Outside of core hours, the
unit will be scheduled in night set back mode with a cooling setpoint of 28 degrees Celsius.
6. The City shall maintain signage on the Pedways to the effect that the Pedways are owned,
maintained and operated by the City and that any concerns or complaints related to the
Pedways should be directed to the City.
T Brunswick Square shall not make any changes, including painting, to the Pedways without
the prior written consent of the City,
8, Subject to section 9 hereof, Brunswick Square shall provide the services listed in Schedule
"A" at the cost set out in the said Schedule, which is attached hereto and forms part hereof
and the City shall pay Brunswick Square the amount of $56,155.37, inclusive of HST and
administration fees, for said services rendered hereunder in 12 equal monthly instalments due
and payable the first day of each month beginning January 1, 2017 and ending December 31,
2017. For certainty, Schedule "A" is a detailed breakdown of the services to be provided by
Brunswick Square and related cost for each Pedway,
9. Brunswick Square shall invoice the City separately and the City shall pay for electricity
supplied to the Pedways based on monthly consumption,
10, The City shall indemnify and save harmless, Brunswick Square and its affiliates from and
against all actions, proceedings, claims and demands brought against the City, and from and
against all losses, costs, damages or expenses suffered or incurred by the City, by reason of
any damage to property, including property of the City or injury, including injury resulting in,
death, to persons, including the employees, servants, agents licensees and invitees of the
City, caused by, resulting from or attributable to the negligent act or omission of Brunswick
Square or any of its employees, servants, or agents in the performance of this Agreement.
71
3
11, Brunswick Square shall indemnify and save harmless the City from and against all actions,
causes of actions, proceedings, claims and demands brought against the City, and from and
against all losses, costs, damages or expenses suffered or incurred by the City, by reason of
any damage to property, including property of the City or injury, including injury resulting in
death, to persons, including the employees, servants, agents licensees and invitees of the
City, caused by, resulting from or attributable to, the negligent act or omission of Fortis or
any of its employees, servants, or agents in the performance of this Agreement.
1, 1 Notwithstanding anything to the contrary contained in this Agreement, the City and
Brunswick Square shall not be liable to each other in any way for indirect or consequential
losses or damages, or damages for pure economic loss, howsoever caused or contributed to,
in connection with this Agreement,
13, During the term of theAgreement, Brunswick Square shall at its sole cost, obtain. and keep in
full force commercial general liability insurance for claims for damages from personal injury
including death, and for claims from property damage which may arise under this
Agreement, which coverage shall have an inclusive limit of not less than Five Million
Dollars ($5,000,000.001) for each occurrence, and which insurance shall also include the
following (i) the City as an additional insured; and (ii) a cross liability clause, Brunswick
Square shall provide a certificate of insurance to the City evidencing such insurance
coverage.
14. If either party defaults in the observance or performance of any covenant or obligation in this
Agreement and the degree and the default continues for twenty days after written notice of it
or in the case of a default not involving the payment of money which cannot with due
diligence be cured within a 20 -day period, this Agreement shall, at the option of the party
who is not in default terminate. Other than for a default which is not remedied as set out
above, this Agreement may be terminated by either party on 60 days' notice in writing.
15. The provisions of sections 10, 11 and 12 survive termination of the Agreement.
16. This Agreement may be modified or amended except by an instrument in writing signed by
the parties hereto.
17. Both parties hereto shall comply with the requirements of every applicable statute, law, by-
law, ordinance, regulation, guideline or order with respect to the condition, maintenance, use
or occupation of the Pedways and all systems related thereto, including but not limited to the
electrical and sprinkler systems,
18. Any Notice, request or demand provided for in this Agreement shall be in writing:
To the City addressed to:
Samir Yarrunine
The City of Saint John
15 Market Square
RO, Box 1971
Saint John, N13 E2L 4LI
El
And if to SOT Brunswick Square Inc.
addressed to:
SOT Brunswick Square Inc.
39 King Street
Saint John, NB E2L 4W3
and may be delivered in person or sent by prepaid registered mail. Any notice, which is
delivered personally, shall be effective when delivered.
Notices mailed shall be deemed to be effective on the third day following mailing whether or
not it has been received or picked up by the addressee. In the event of a postal strike or
interruption, service shall be personal. Either party may give notice in writing of a change of
address,
19'. This Agreement and everything contained in it is binding upon the parties and shall extend to
and bind the respective successors and assigns of the parties,
20. It is hereby -understood and agreed between the parties hereto that the terms and conditions
set forth herein embrace the whole terms and conditions of the Agreement entered into by the
parties and supersede and take the place of any previous agreements or representations of any
kind, written or verbal, previously paid by anyone: whether an agent or employee of a party or
not, in reference to the terms addresses herein or which in any way affect the building or
equipment of which the P'edways form part.
21. If any of the terms of this Agreement is declared to be in any way invalid or unenforceable,
the remainder of the Agreement shall remain in full force and effect.
rM
5
22. The Laws of the province of New Brunswick shall govern this Agreement.
IN WITNESS WHEREOF the parties have affixed their respective corporate seals, attested by
the hands of their respective officers duly authorized in that behalf on the day aforementioned,
I'll & i 1, � I
Mayor
Common Clerk
Common Council Resolutioll:
rAE11
SCHEDULE "A"
BUDGET COSTS FOR CITY OF SAINT JOHN
SKYWALK TO CITY HALL PEDWAY
FOR THE PERIOD JANUARY 1, 20,117 TO DECEMBER 31, 2017
SERVICES PER ANNUM MONTHLY
Cleaning Jan to Dec 31, 2:017
based on 702 sf @ 2.51ipsf Jan - March 2017 $440,51 $36,71
based on 702 sf @ 2.60/psf Jan - Dec 2017 $1,368.90 $114.08
7 days per week
*Security
Office Lobby Desk - 24 hr service
Based on $15.98 per hour Jan I to March 31, 2017 $9,372,27 $781,02
Based on $16.30 per hour April - Dec, 2017 . ..... 28 679.$,5 $2,389.99
Window Cleaning
down at 7 pm Monday to Saturday and locked Sunday) ie additional guards required and reflected in billings to City are:
6 hrs per day x Monday to Saturday
Exterior two per year @$200 ea
$400.00
$33.33
Interior per month @$75 ea
$900.00
$75.00
Monitoring Sprinkler/Fire Protection System
$1,300.00
$108.33
Sub Total
$42„461.53
$3,538.46
15% Administration Fee
16369.23
$530.7
Sub Total
$48,830.75
$4,069,23
HST
_7.324,61
J610.38
TOTAL
$56,155.37
$4,679.61
Cost breakdown for Security Services, City Hall Skywalk
Pedway to City Hall Security
2nd guard is required till lam due to pedway hours - (without pedway only one guard would be required) as Centre would be locked
down at 7 pm Monday to Saturday and locked Sunday) ie additional guards required and reflected in billings to City are:
6 hrs per day x Monday to Saturday
36 hrs/week (hours of c1h9d in 2015 - 9:30 -6 pm/Mon-Satj
19 hrs day x Sundays
19 hrs/week
55 hrs/week x 52 weeks = 2860 hrs
Assume Sunday shopping December
I month x 5 hrs /Sunday = 20 hrs
2,860 hrs/yr
-20 hrs/yr
Christmas Day
-19 hrs
2821 hrs/yr
Recognizing value of pedway additional hrs
to Delta Brunswick, Brunswick Square and City amount to be cost shared at 50% ea(
City share = 112 of 2,821 hrs
1,410 hrslyr
936 hrslyr for regular patrols shopping centre - (3 hrs/day @ 6 days/week @ 52 wk;
TOTAL HRS/YEAR
2,346 hrs yr total to City
City Costs
2346 hrs x $15.98/12 @ 3months = 9,372.27
2346 hrs x $116.30/12 @ 9 months = 28,6791.85
TOTAL 38,052.12
Nal
Nej,7', lNopyeau
nswi.&
C A N A D A
July 25, 2017
11 111 111111�1111giii 11111111 IIIIIIII�1111111111111111
Dear Mr. Mayor /Clear Madam Mayor.,
October 15i to 71h is the 71" annual Wellness Week in
New Brunswick.
Each year, Wellness Week puts a spotlight on,
wellness and invites more New Brunswickers to get
involved. Communities, organizations, schools and
workplaces across the province host activities and
events throughout the week to celebrate and
promote wellness.
To build on the existing momentum, and: to show
your commitment to wellness in New Brunswick, we
are inviting you to officially proclaim October 11-7,
2017, Wellness Week in your community.
By declaring your participation in Wellness Week,
you are demonstrating your commitment to creating
an environment in your community that supports
wellness for all. Wellness is about feeling good,
living well, being healthy and having a better quality
of life. It's also a state of being. Improving wellness
is good for all' of us because it means we are allll
healthier and more resilient. It also makes New
Brunswick a great place to live and raise a family.
To support you in showing your community's
commitment to wellness and to officially launch
October 1-7, 2'017, Wellness Week in your
community, we have prepared a proclamation that
you can fill in and sign.
Le 25 juillet 2017
AUL,, 2017
.. . . .. ....
Objet: Di6claration I la Semaine du mieux-dtrIe
dans votre cornmunaut&
Monsieur le Maire / Madame la Mairesse,
La semaine du 1" au 7 octobre 2017 est la
7' edition de la Semaine du mieux-etre au
Nouveau-iBrunswick.
Chaque ann6e, la Semaine idu mieux-etre est
Foccasion de mettre le mieux-etre I'lhonneur et
d'encou,rager la population du Nouveau -Brunswick
6 s'iimpliquer. Des groupes, organismes,
communaut6s, milieux de travail et 6coles de
I'ensemble de la province c6l6brent le mieux-etre
et en font la promotion en organisant des activit6s
de toutes sortes.
Afin cle poursui'vre icet elan et montrer votre
engagement envers Ile mieux-titre au Nouveau -
Brunswick, nous vous invitons 6 d6clarer
officiellement la semaine db 1"' au 7 octobre
prochain la Semaine du mieux-etre clans votre
communaut6.
En d6clarant votre participation e la Sernaine du
mieux-etre, vous t6moiginez de votre engagement
e faire de votre communaut6 un environnement
favorable au mieux-titre de taus, Le mieux-etre,
c'est de se senor been, vivre been, 6tre, en sante et
avoir une bonne quality de vie. C'est aussi un 6tat
d'6tre. Am6liorer le mieux-etre profit,e 6 taus,
puisque cela signifie que nous sommes taus plus
en sante et plus resilient , Cela fait du l Nouveau -
Brunswick un eindroit ob it fait bon vivre et fonder
une famille.
Afin de vous aider 6 montrer 1'engagement de votre
communaut6 A I'6gard du mieux-etre et 6 declarer
officiellement la semaine du ler alu 7 octobre
Semaine du mlieux-etre dans votre communaut6,
nous avons pr6parI6 une proclamation que vous
pouvez remplir et signer.
1A � ri �ste rl M itT, � s tre
Sad a � Deve I a md a.
`.El. Bn,/CJ 6000 FrederIcon New Bit! Ill I U_ BI'Ll w/,,Ick E38 5H1 Cana(Ia VJT61, %6) 453-2001 FinIT00ic. (506) 453 2164
!76
q]�)
vvwvv,gnb,ca
Page 2 of / sur 2
July 2�5, 2017 / Le 25 juillet 2017
We encourage you to host an event or activity, big
or small, to celebrate wellness in your commiunity.
Post any wellness events happening in your
community to the Wellness Week Calendar at:
//ca lenda r.wel l ness n b . ca
We would like to recognize the, communities that get
involved. We invite you to send! us a fun photo of
your team with your signed Proclamation or at a
Wellness Week event, Photos can be emailed
before October 111 " 4:30 pm to mieux-
etre.w.eIjInesj@_gnb,,ca
If you would like more information on Wellness
Week, I invite you to contact your Regional
Wellness Consultant Sylvie Poulin at (5106) 643-
2114 or by email at Sylvie.Poulin@gnb.ca. For
inspiration and resources to help plan a Wellness
Week event, please have a look at the Wellness
Week Planning Kit available at:
www,wellnessnb.ca/resources/t`ooikit/
Thank you for helping us to build communities,
schools and workplaces that support healthy
choices and for being a champion of The Wellness
Movement in New Brunswick!
Sincerely,
c.c.: Sylvie Poulin
Nous vous encourageons 6 organiser un
6v6nement ou une activit6 pour c6l6brer le mieux-
6tre. Affichez les activit6s organis6es dans votre
communau,t6 sur le Calendirier d'actilvit6s de la
Semaine du mieux-etre, disponible 6 i'adresse
suivante :
iLtip-.//caler)drne,,r.,MieLAx-etrenb.ca
Nous aimerions reconnaltre les communaute's qui
participeront. Nous vous invitons 6 nous envoyer
une photo amusante de votre &quipe avec la
Proclamation sign6e ou encore A un 6v6nement de
la Semaine du mieux-etre dlans votre communaut6.
Envoyez vos photos � I'adresse mieux-
etre.wei1nes,§_Pqjjb.ca_d1ci au 11 octobre, 16 h 30.
Pour toute question ou pour de plus ampler
r,enseignements sur la Semaine du mieux-etre, je
vous invite 6 communiquer avec Sylvie Poulin au
num6ro (506) 643-2114 ou a I'adresse colurriel
Sylvie.Poulin@gnb.ca. 11 vous est aussi possible
de consulter la Trousse de planification de la
Semaine du rnieux-etre pour de Vinspiration et des
ressources pour organiser un 6v6nement de la
Sernaine du rnieux-etre, 5 I'adresse suivante
www,meux-etrenb.ca/ressources/tr,ousse/
Nous vous remercions de niouis aider a b6tir des
communaut6s, des 6c6es et des milieux de travail
qui favorisent des choix rains et nous vous
remercions d'6tre des champions du Mouvemeni
du mieux-etre au Nouveau -Brunswick!
Veuillez, agr6er 1'expression de mes sentiments les
meiflelurs,
Le ministre des Familles et des Enfants,
Hon. / L'hon. Stephen Horsm:an
Minister of Famillies and Children
NFA
New Brunswick Wellness Week
0dober 1-74, 2017
Whereas, New Brunswick's Wellness Strategy has a vision
of a healthy New Brunswick where, together, we learn,
work, play and live lin a culture of wellness, and where we
recognize the instrumental role that local governments play
in promoting and supporting this vision; and
Whereas, wellness is about having a good quality of life
and the ability of people and communities to reach their
full potential in terms of health and fulfilment of purpose, -
Whereas, New Brunswick Wellness Week provides
opportunities for communities, organizations, schools and
vvorkploces to promote and celebrate wellness by hosting
wellness activities and events that address all dimensions
of weH-being and determinants of health,- and
Whereas, New Brunsvvick Wellness Week is held annually
and this year takes place from October 1-7, 2017;
Now therefore, i
I encourage all citizens to participate in Wellness Week
,activities and for groups, organizations, schools and
workplaces in the community to promote and celebrate
wellness through the hosting of wellness activities and
events.
Signed:
IiAiii i� ii i�iiiiii iiiii�iiii iiiiiiii i ii iiiil� r » i,�ll �'I11
Semaine du mieux-e-tre du
Nouvelau-Bruns,w,ick
du ler au 7 octobre 2017
,Attendu que la Sfratbgie du mieux-etre du Nouveau-Brunsvvuck a
pour vision un Nouveau -Brunswick en sante oO, ensemble, nous
pouvons apprendre, travailler, nous amuser et vivre dans une
culture du mieux-etre, et oO nous reconnaissons le rale d6 que
les administrations munidpales jouent dons la promotion of le
soutien de tette vision;
Attendu que le mieux-etre implique avoir une bonne quaint
de vie et repr6sente aussi la capacitb des gens or des
communautbs de r6afiser lour plein potentiei, tant sur le plan do
la sante que do is realisation des buts'.
Attendu clue la Semaine clumieux-6tre du Nouveau -Brunswick
est l'occasion pour les communaut6s, les organismes, les
6coles et les milieux de travail de promouvoir et de c6l6brer le
mieux-etre en organisont des activif6s qui touchenf d touter
les dimensions du mieux-titre dnsi qu'aux d6terminants de la
sant6,
Attendu clue b Semahe du mieux-etre du Nouveau -Brunswick a
lieu annuellement et qu'eHe se tiendra du ler au 7 octobre cette
ann6e;
Par consequent, je
maire/mairesse de
d6ciare par la prbsonfe la semaine du ler au 7 octobre 2017
Yencourage toes les citoyens et citoyennes 6 participer aux
activit6s organis6es durant la Semoione du mieux-6tre et i1invite,
les groupes, organismes, 6coles et milieux de travail de la
communaut6 6 promouvoir et 6 c6lbbrer le mieux-etre en
organisont des activit6s ax6es sur le mielux-etre.
Signature :
July 31,2O17
Mr. Benoit Bourque, Chair
Select Committee nnCannabis
Government ofNew Brunswick
Office of the Clerk ofthe Legislative Assembly ofNew Brunswick
PD.Box 6&0(\
Fredericton, N.B.
E313 51-11
Submitted byemail mt leg-conro/tat{mns@gn/xoo
Dear Mr. Bourque and Members of the Select Committee on Cannabis:
C am writing you as a direct follow-up to previous Committee interactions with City representatives,
including Chief John Bates ofthe Saint John Police Force and Mark Reade, our Senior Planner with the
Growth and Community Development Department, who participated in the NB Planners Association
�h
presentatimnimGramdFaNsmn]m|y12 . Wehave also been interacting with the Cities ofFredericton
and Moncton regarding the policy, public safety and economic considerations regarding the potential
legalization ofcannabis inNew Brunswick.
| would like tobegin mnycomments hyindicating that atthis point imtime vvmhave many questions. It
should be recognized that municipalities will be exposed to significant risks as it relates to the
legalization of cammabis, which in turn, is expected to result in additional expectations and expenditures
on municipal! taxpayers. In turn, municipalities also risk benefiting from important new revenue sources
the industry isexpected toyield. Within this exercise nflegalization, the Government mfNew Brunswick
must acknowledge the im,porta,nce of its municipal partners, and the role they play in its regulation,
ensuring safety and proper planning. | have organized our questions, concerns and feedback into two
main categories:
A) Public SafetV Considerations
Personal Cultivation:
The Cannabis Act proposes tmlimit personal cultivation nfcannabis to4plants per person, ofaplant
height of 100 cm. It is uncertain which level of government will be responsible for enforcing these
requirements (afundamental questinn). Also, itixunclear whether the 4plant requirement istied Toam
individual ora parcel of land.
Q).1 --- - I--- - --r- 11 1 ----- - ------------- -- .. ....
SAINT 1014N P.O. Box Saimt�ohr,N8 Canada E2L4Ll |vw^w/saindohm.,o | C,Rl97� Saint John, N. -B. Canada E2�4U
�-.-�� 79
Doge 12
We offer the following comments related to in-home production:
Law enforcement's ability to enforce personal cultivation is very limited and diversion to black
markets remains a concern.
Creates much greater demand on local law enforcement resources to enforce over -production
and diversion,
® First responders have long seen the negative effects of home production, It is in all of our
interests to ensure a safe product, with known THC levels, free from pesticides, mond, etc.
• Counter to the stated objective of ensuring a highly regulated and controlled system as put
forward by the federal government.
• Contrary to other measures to minimize child/youth exposure and access to cannabis products,
® Electrical and fire hazards pose a risk to first responders and nearby dwellings.
® More information is required i.e., municipal regulations, zoning by-law best practises, insurance,
etc.
Given these issues, considerations and questions, why is the Province planning to rush forward with in-
house production? Is there an opportunity to consider in-home production at a later date (i.e., phase
two of legalization) as we collectively gain experience with a legalized system?
Cannabis Impaired Driving:
A wide range of questions and concerns remain with respect to issues relating to impaired driving,
including education, enforcement and general public safety considerations:
Current perceptions and attitudes towards drug -impaired driving: The Canadian Centre on
Substance Abuse recently released a report entitled Canadian Youth Perceptions on Cannabis.
One of the key findings was: "Youth from the 2016 groups said they never or rarely heard of
crashes or arrests due only to cannabis. As a result, there appeared to be 0 lock of concern
among youth about cannabis -impaired driving. It appears that youth are strongly against
alcohol -impaired driving, but do not have the some feelings about cannabis -impaired driving."
Impaired driving remains the top criminal cause of death in Canada: According to Statistics
Canada Impaired Driving in Canada - 2015: "In 2015, police reported 72,039 impaired driving
inciden ts...A Imost 3,000 drug -impaired driving incidents were reported, representing 4% of all
Impaired driving incidents."
The Province needs to recognize that drug impaired driving cases are resource intensive both
from an enforcement and legal perspective. According to Statistics Canada - Impaired Driving
in Canada, 2015: "Drug -impaired driving incidents were less likely to be cleared by charge than
alcohol -impaired driving incidents. When heard by the courts, these cases also took longer to
resolve and were less likely to result in a guilty finding."
Lack of science / evidence based determinants of impairment - evidence -based permissible
limits are not defined and supported by science. There is no evidence that "per se" limits
adequately quantify impairment and therefore we are concerned with regards to potential
challenges within our judicial system. We know with cannabis that people react differently to its
Page |3
effects. Per se limits must be research -based and the science must catch-up to strengthen their
Understanding the tools available to officers and the current state of readiness:
=
When a police officer suspects that a person is impaired by alcohol and/or drugs, hnorshe will
conduct a series of tests to determine if there are reasonable grounds to conduct further testing,
"
Oral Fluid Drug Screening Devices — Currently in testing phase, these devices will be useful in
detecting the presence of a drug. Legislative changes will need to be enacted before the devices can
heapproved for use inanenforcement capacity inCanada.
�
Standardized Field Sobriety Tests (SFST) — A roadside test administered by an officer to further qualify
impairment.
=
Drug Recognition Experts (DRE) The evo|uo«iomofvsuspected drug impaired driver lsconducted by
an evaluator who is trained and accredited by the International Association of Chiefs of Police,
through the RCMP. The Drug Recognition Expert (DRE) uses 12-skepprocedure ln performing the
evaluation,
°
Urine, oral fluid orblood tests The mere presence nfadrug inthe sample does not constitute
sufficient evidence to charge a person as being impaired by a drug. They are used to support the
DRE~sAndings.
The strongest evidence to determine impairment can only be provided through the evaluation
ofahighly trained and qualified Drug Recognition Expert (DKE):
" Field certification iaonly offered in the United States. High costs are incurred bVpolice services to
train DRE's and therefore the number of DRE's in Canada is not sufficient to provide proper coverage.
~ The CACP strongly recommends that governments increase investment in Drug Recognition Experts
(DRE's) and associated officer training to improve law enforcement's ability to detect and remove
drug -impaired drivers from our streets.
" The CACP also recommends that training and accreditation take place here in Canada to reflect our
own standards/models, reduce overall costs and ensure availability of training to our officers.
Clearly, the rush by the Federal and Provincial Governments to legalization comes with significant
consequences and is"ngonxechonge/ asdescribed byPolice Chief Bates. |fthe Province remains
committed to an accelerated schedule for legalization in 2018, there are some major public safety issues
that remain unresolved. Our local municipal Police Forces will beat the forefront ofthe enforcement
and public safety issues, and are faced with potentially increasing training, regulatory, compliance,
equipment and general enforcement costs.
B) Policy, Planning & Economic Considerations
Economic Opportunities:
Legalizing cannabis represents an opportunity for both provincial and municipal economic growth
interests. While the Select Committee's report speaks solely to prov|nde| interests, local governments
are potentially well-positioned to benefit from any associated increase in employment and economic
activity asaresult ofthe industry. Inaneffort tofacilitate the introduction ofanexpanded cannabis
production industry, on May 15, 2017 Common Council gave third reading and amended the Zoning By-
law to add Medical Marijuana Production Facility within the Medium Industrial (IM) and Heavy Industrial
(IH) and Heavy Industrial (IH) zone.
E-11 I
PaSc |4
While the City of Saint John welcomes the opportunity to attract new employment and economic
activity and isproactively planning for its arrival, there needs tnbeameaningful dialogue between all
three levels of government regarding the sharing of incremental tax revenues associated with the
legalization mfcannabis, It is clear that legalization will have a direct and incremental impact on local
community planning, enforcement and public safety resources, and will come ata real cost for New
Brunswick municipalities. | have attached (as Attachment /\)apresentation delivered tethe Annual
Conference of Canadian Association of Municipal Administrators (CAMA) this past May in Gatineau,
Quebec. The presentation provides highlights of some research conducted by a Western University
MPA candidate relating tothe sharing ofgovernment taxation revenue with local municipalities.
As 'identified in her presentation, municipal financial resources are increasingly constrained in Canada,
amplified here in New Brunswick by the Government's recent freeze of Provincial tax assessments, As
captured in her presentation:
"Most mfthe financial benefits of legalization will gntmsenior levels ofgovernment;
Most ofthe costs o/ legalization such as policing, licensing, municipal planning, local health
units, etc. m/0ƒbKtomunicipalities;
These additional responsibilities, oxwell osthe needforalternative sources ofrevenue justify
the necdfurthe diversification ufmunicipal revenue opportunities from nno/ijuono
legalization. "
Planning Considerations:
Provinces have the authority todetermine how cannabis isretailed and how those outlets are regulated
and inspected. The Select Committee's Report indicates that the Crown Corporation model is the
preferred option for retailing cannabis im New Brunswick, The New Brunswick Planning Directors agree
with this approach interms of the ease ofcontrol aindregulation. Atthis point itisuncertain whether
Section 96nfthe Community Planning Act will apply, which effectively would exempt retail outlets from
local approvals. Municipal officials also question what form a spacing requirement might take for
community uses and whether this would be established by the province or municipality. Additional
planning questions are reflected in the attached submission (Attachment B) made to the Select
[Vmrmh`h
Committee bythe NBPlanning Directors, nfwhich the City ofSaint John was anactive
participant.
Human Resource Issues:
Our Human Resources Department also has a number of questions regarding the implications of
cannabis legalization and related implications for workplace health and safety policies and associated
standard operating procedures. We were particularly interested in the content ofpresentations tothe
Select Committee bvmajor New Brunswick employers and employer groups. |naneffort tnidentify and
implement workforce management best practices, we will continue to work with the Cities of
Fredericton and Moncton, and the Cities Association ofNB.
In conclusion, we trust that the work of the Select Committee provides a foundation for on-going
�M
significant public policy issue that will directly impact communities and citizens across this Province in
ways that we do not yet fully understand or appreciate,
Sincerely,
Je it
City Manager
c.c. Don Darling, Mayor of Saint John
Saint John Common Council
Chief John Bates, Saint John Police Force
Chris MacPherson, Chief Administrative Officer, City of Fredericton
Marc Landry, City Manager, City of Moncton
Denis Roussel, Executive Director, Cities of NB Association
Attachment A- The Marijuana Tax Fund — May 31't Presentation to the Canadian Association of
Municipal Administrators (CAMA), Gatineau, QC: Dr. Bill Irwin and
Catalina Blurnenberg, MPA Candidate
Attachment B: July 12, 2017 Presentation to the Select Committee on Cannabis: New Brunswick
Planning Directors
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COUNCIL REPORT
M&C No.
2017-200
Report Date
August 2, 2017
Meeting Date
August 8, 2017
Service Area
Saint John Water
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: 2017 - 463003P Bar Screen Repair and Pump Installation
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner/Dept. HeadL4
City Manager
Jordan Moran
Brent McGovern
m
I Jeff Trail
RECOMMENDATION
It is recommended that:
Request for Proposal No. 2017-463003P: Bar Screen Repair and Pump
Installation be awarded to Filtrum inc. at the cost of $239,600 excluding HST, and
that the Mayor and Common Clerk be authorized to execute the necessary
agreement.
EXECUTIVE SUMMARY
The purpose of this report is to recommend that Council award the installation
of two (2) dry pit submersible pumps and the required work to the existing
mechanical bar screen, as well as the installation of four (4) plug valves, one (1)
flow meter and two (2) electrical junction boxes at Sanitary Lift Station No. 4 to
Filtrum inc.
PREVIOUS RESOLUTION
July 2016; 2016 Water & Sewerage Utility Fund Capital Program Adjustment
(M&C No. 2016-208)
STRATEGIC ALIGNMENT
This report aligns with Council's Priority for Sustainable Infrastructure.
111
-2 -
REPORT
BACKGROUND
Two (2) dry pit submersible pumps require installation as well as the existing
mechanical bar screen, four (4) plug valves, one (1) flow meter and two (2)
electrical junction boxes require work in order to ensure reliable operation of the
facility.
PURPOSE
The purpose of this report is to make a recommendation for the engagement of
a contractor to complete the work at Sanitary Lift Station No. 4.
SERVICE AND FINANCIAL OUTCOMES
The proposed cost from Filtrum inc. to install two (2) dry pit submersible pumps
and to complete the required work to the existing mechanical bar screen, four
(4) plug valves, one (1) flow meter and two (2) electrical junction boxes at
Sanitary Lift Station No. 4 is $239,600 excluding HST. This cost is based on an
estimated 7 week construction period that includes the aforementioned
components (pump installation and required work). In 2016 $600,000 from the
Water & Sewerage Utility Fund Capital Program was allocated for this project
(M&C No. 2016-208). Installation of two (2) new pumps and completion of the
required work to the existing infrastructure will improve operational reliability
for this essential community service.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
Materials Management facilitated the Request for Proposal (RFP) process to
solicit proposals for the sewage pump installation and required work at Sanitary
Lift Station No. 4.
As such the RFP closed on Thursday, July 20, 2017 with the following companies
responding by submitting proposals:
Filtrum inc. — Quebec City, QC
Select Mechanical Incorporated — Quispamsis, NB
A review committee, consisting of staff from Materials Management, Saint John
Water and the City's Consultant, CBCL, reviewed the submissions for
completeness and compliance with the RFP requirements and selection criteria
consisting of the following:
`N
-3-
1. Demonstrated Qualifications and Work Experience
2. Methodology and Schedule
3. Safety Program
4. Quality and Completeness
5. Capital Cost
Also in accordance with the City's standard procedures, the committee members
evaluated and ranked each proposal based on the proposals' technical merits.
Following this, the financial bids were opened and ranked and these were added
to the individual rankings.
Filtrum inc.'s proposal was selected as the best proposal based on an overall
rating of the evaluation criteria delivering a strong proposal at the lowest cost.
The above process is in accordance with the City's Procurement Policy and
Materials Management support the recommendation being put forth.
ATTACHMENTS
N/A
MCI
July 19, 2017
His Worship Mayor Don Darling and
Members of Common Council
Your Worship and Councillors:
SUBJECT: Subdivision
1065 King William Road
The Committee considered the attached report at its July 18, 2017 meeting.
Brian Irving, General Manager of Saint John Industrial Parks, appeared before
the Committee and was in agreement with Staff Recommendation.
The City of Saint John.
Dana Martin, an area resident, appeared before the Committee expressing
concern regarding some of the fill lateral that had been placed on the site and
enquired as to the proposed use of the parcel. Mr. Chris Guthro, a resident of the
area, appeared before the Committee and enquired if an Environmental Impact
Assessment is required given the proximity of the site to watercourses.
Reappearing before the Committee, Brian Irving noted that the objectionable fill
material such as tires and railway ties will be removed by a contractor engaged
by Saint John Industrial Parks and that the contractor will construct stormwater
control features on the site. The site will be filled with clean material to provide
additional land inventory for Saint John Industrial Parks. Following this, the site
would be sold for future industrial development in accordance with its Medium
Industrial (IM) zoning. With respect to concerns related to environmental impacts,
Mr. Irving noted the boundaries of the site were established so that the site would
not be in close proximity to watercourses or wetlands. It was noted that work on
the site is expected to commence in August or September of 2017.
One letter was received in support of the application.
Page 1 of 2
114
Saint John Industrial Parks 1065 King William Road July 19, 2017
After considering the report, presentations and letter, the Committee adopted the
staff recommendation concerning the vesting of land for public purposes in
conjunction with the subdivision of land.
RECOMMENDATION:
That Common Council authorize the acceptance of money -in -lieu of the required
land for public purposes (LPP).
Respectfully submitted,
Eric Falkjar
Chair
Attachments
Page 2 of 2
115
The City of Saint. John
Date: July 14, 2017
To: Planning Advisory Committee
From: Growth & Community Planning
Growth & Community Development Services
For: Meeting of Tuesday, July 18, 2017
SUBJECT
Applicant: Saint John Industrial Parks Ltd.
Owner: Regional Development Corp.
Location: 1065 King William Road
PID: 00412189
Existing Plan Designation: Heavy Industrial
Existing Zoning: Medium Industrial (IM)
Application Type: Subdivision
Jurisdiction: The Community Planning Act authorizes the Planning Advisory
Committee to advise Common Council concerning the vesting of
land for public purposes in conjunction with the subdivision of
land.
Page 1 of 4
116
Saint John Industrial Parks Ltd. 1065 King William Road July 14, 2017
SUMMARY
The applicant is proposing to subdivide a 16.93 hectare lot for industrial development. Staff
recommend that Council receive money -in -lieu of land for public purposes (LPP).
RECOMMENDATION
That Common Council authorize the acceptance of money -in -lieu of the required land for public
purposes (LPP).
DECISION HISTORY
There are no previous decisions relating to the application.
ANALYSIS
Proposal
The applicant is proposing to subdivide a 16.93 hectare lot from an existing parcel of land for
future industrial development. The application requires the Planning Advisory Committee (PAC)
and Council to consider accepting money -in -lieu of land for public purposes (LPP). The City's
Subdivision By-law states that only land that is dedicated as a pedestrian walkway shall be
received as LPP, and that in all other cases money -in -lieu should be considered in place of
land.
Site and Neighbourhood
The property is located along the southern side of King William Road in the Spruce Lake
Industrial Park. This section of King William Road includes existing industrial enterprises and
areas for future subdivision to support industrial development.
Municipal Plan and Zoning
The property is designated as Heavy Industrial in the Municipal Plan and is zoned Medium
Industrial (IM).
Subdivision
The City's Subdivision By-law states that only land that is dedicated as a pedestrian walkway
shall be received as LPP, and that in all other cases money -in -lieu should be considered in
place of land. In addition to the direction offered by the Subdivision By-law, the City's
recreational master plan, "PlaySJ," provides Council the direction to consider money -in -lieu of
LPP when possible as there is currently a larger number of public parks and playgrounds in
Saint John than is needed for the target service -level to residents. The Plan suggests that the
quality of green spaces is more important than the quantity. The Subdivision By-law requires
Page 2 of 4
117
Saint John Industrial Parks Ltd. 1065 King William Road July 14, 2017
eight percent of the market value of the land to be provided to the City as a money in -lieu of
LPP.
Conclusion
The applicant is seeking to subdivide 1065 King William Road to create an additional building lot
for industrial development. Staff recommend that Council receive money -in -lieu of land for
public purposes.
ALTERNATIVES AND OTHER CONSIDERATIONS
No alternative considerations are recommended for this application.
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 June 29, 2017.
SIGNATURES AND CONTACT
Prepared:
Katelyn Davis, EIT
Development and Research Coordinator
Reviewed:
Mark Reade, P.Eng., MCIP, RPP
Senior Planner
Contact: Katelyn Davis
Phone: (506) 658-4446
E-mail: katelyn.davis@saintjohn.ca
Project: 17-132
Approved:
Jacqueline Hamilton, MURP, MCIP, RPP
Commissioner
Page 3 of 4
118
Saint John Industrial Parks Ltd. 1065 King William Road July 14, 2017
APPENDIX
Map 1: Site Location
Map 2: Municipal Plan
Map 3: Zoning
Map 4: Aerial Photography
Map 5: Site Photography
Submission 1: Tentative Subdivision Plan
Page 4 of 4
119
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Document 35784383
PIDO0412180
PID 00412169
Subdivision
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Saint John County, NB
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From:
QM Construction
To:
Davis. Katelvn
Cc:
onestoo
Subject:
Subdivision Application - 1065 King William Road
Date:
3uly-05-17 9:46:11 AM
Please be advised that QM Construction Ltd. fully supports the application from Saint John Industrial
Parks for the subdivision of the property at 1065 King William Road.
Regards,
Larry Dunlop, P. Eng.
President
QM Construction Ltd.
`PU
COUNCIL REPORT
M&C No.
2017-199
Report Date
August 01, 2017
Meeting Date
August 08, 2017
Service Area
Saint John Water
His Worship Mayor Don Darling and Members of Common Council
SUBJECT. Contract No. 2017-06: Water Main Cleaning & Lining — Phase 13
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner/Dept. Head
City Manager
John Campbell
Brent McGovern/Brian
Keenan
Jeff Trail
RECOMMENDATION
It is recommended that Contract No. 2017-06: Water Main Cleaning & Lining —
Phase 13 be awarded to the Tenderer, Trenchless Solutions Inc., at the tendered
price of $456,297.00 (including HST) as calculated based upon estimated
quantities, and further that the Mayor and Common Clerk be authorized to
execute the necessary contract documents.
EXECUTIVE SUMMARY
The purpose of this report is to recommend that Council award Contract 2017-
06: Water Main Cleaning & Lining — Phase 13 to the Tenderer.
PREVIOUS RESOLUTION
November 14, 2016; 2017 Water & Sewerage Utility Fund Capital Program
Approved.
March 6, 2017; 2017 Water & Sewerage Utility Fund and General Fund Capital
Program Adjustments Approved.
STRATEGIC ALIGNMENT
This report aligns with Council's Priority for Valued Service Delivery, specifically
as it relates to investing in sustainable City services and municipal infrastructure.
-2 -
REPORT
BACKGROUND
The approved 2017 Water & Sewerage Utility Fund Program includes funding for
the cleaning and lining of existing unlined cast iron water mains to improve
pressure, water quality and fire flows at various locations throughout the City.
Contract 2017-06: Water Main Cleaning & Lining - Phase 13 includes work on the
following streets:
• Vale Crest Drive
• Silver Crescent
• Harbary Terrace
• Beach Crescent
• First Avenue
• First Street
TENDER RESULTS
Tenders closed on August 1, 2017 with the following results, including HST:
1. Trenchless Solutions Inc., Moncton, NB $ 456,297.00
The Engineer's estimate for the work was $468,500.00, including HST.
ANALYSIS
The tender was reviewed by staff and found to be formal in all respects.
Staff is of the opinion that the tenderer has the necessary resources and
expertise to perform the work, and recommend acceptance of their tender.
Work is expected to begin in August and be completed by October 31, 2017.
FINANCIAL IMPLICATIONS
The Contract includes work that is charged against the 2017 Water & Sewerage
Utility Fund Capital Program. Assuming award of the Contract to the tenderer,
an analysis has been completed which includes the estimated amount of work
that will be performed by the Contractor and Others.
`101:3
The analysis is as follows:
Budget
Project net cost
Variance (Surplus)
-3 -
$ 1,355,000.00
$ 441,000.00
$ 914,000.00
Staff intends to issue another tender to undertake water main cleaning and
lining at additional locations to utilize the remaining project funding. This
additional contract work will be publicly tendered later this year.
POLICY—TENDERING OF CONSTRUCTION CONTRACTS
The recommendation in this report is made in accordance with the provisions of
Council's policy for the tendering of construction contracts, the City's General
Specifications and the specific project specifications.
SERVICE AND FINANCIAL OUTCOMES
The cast iron water mains on these streets are unlined and contribute to water
quality issues. The rehabilitation of this infrastructure will increase pressures
and fire flows and improve water quality.
This project will be completed within the original approved financial budget.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
N/a
ATTACHMENTS
N/a
fIN4%7
COUNCIL REPORT
M&C No.
2017-202
Report Date
August 02, 2017
Meeting Date
August 07, 2017
Service Area
Finance and
Administrative Services
His Worship Don Darling and Members of Common Council
SUBJECT: Fall Debenture Issue — Notice of Motion
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner/Dept. HeadL4
City Manager
Craig Lavigne
Kevin Fudge
m
I Jeff Trail
RECOMMENDATION
His Worship the Mayor gave the following Notice of Motion. "I do hereby give
Notice that I will, at a meeting of Common Council held after the expiration of
thirty days from this day, move or cause to be moved, the following resolution:
Namely,
RESOLVED that occasion having arisen in the public interest for the following
Public Civic Works and needed Civic Improvements, that is to say:
(Details to be read from "Purpose of the Issue")."
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 $ 8,570,000.
`[till
-2 -
EXECUTIVE SUMMARY
The attached Notice of Motion has been prepared as a first step in the
permanent financing of certain capital projects approved by Council in previous
General Capital Budgets.
PREVIOUS RESOLUTION
N/A
REPORT
The attached Notice of Motion has been prepared as a first step in the
permanent financing of certain capital projects. The purpose of the issue is
summarized on the attached schedule.
The giving of this Notice of Motion does not commit the City to any further
action. It does, however, place the City in a position to take action after the
expiry of 30 days at such time as bond market conditions and opportunities
permit.
At this stage, it is not necessary to set limits with respect to the coupon rate or
the terms for which bonds are to be issued. These will be established at a later
date and will be related to the market conditions at that time.
Purpose of Issue
The City of Saint John
Proposed issue of Debentures
To Be Dated On or after September 7t", 2017
GENERAL FUND
General Government
$
200,000
Protective Services
$
150,000
Transportation Services
$
1,000,000
Economic Development
$
200,000
Parks and Recreation
$
450,000
$ 2,000,000
131
-3 -
SAINT JOHN TRANSIT COMMISSION $ 1,000,000
REFINANCE DEBENTURES
Debenture No. AX 13-2007 $ 1,900,000
(General Fund — 5 years)
Debenture No. AX 14-2007 $ 3,500,000
(Water & Sewerage —10 years)
Debenture No. AX 15-2007 $ 170,000
(Transit Commission — 5 years)
$ 5,570,000
TOTAL $ 8,570,000
SERVICE AND FINANCIAL OUTCOMES
N/A
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
N/A
ATTACHMENTS
N/A
`9%
Q61U►[eINR0Eel taI
M&C No.
2017-192
Report Date
July 28, 2017
Meeting Date
August 08, 2017
Service Area
Finance and
Administrative Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: Federation of Canadian Municipalities (FCM) Funding Programs
application- Field House Storm Water Management Project
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner/Dept. HeadL4
City Manager
Samir Yammine
Kevin Fudge
m
I Jeff Trail
RECOMMENDATION
It is recommended that Common Council:
1. Endorse Greater Saint John Field House Inc. application to the Federation
of Canadian Municipalities (FCM) under the Municipalities for Climate
Innovation Program (MCIP) for the Field House Storm Water
Management Project.
2. If successful, reduce the City's Capital contribution by 50% of the grant
amount request to the Field House Project. The total amount of funding
request is $1 Million
EXECUTIVE SUMMARY
The purpose of this report is to seek Council approval to endorse the Greater
Saint John Field House Inc. application to the Federation of Canadian
Municipalities under the Municipalities for Climate Innovation Program (MCIP)
for the field House Storm Water Management Project. The total amount of
funding request is $1 Million. If successful, the Greater Saint John Field House
Inc. will receive additional $1 Million toward the Field House Project, however,
the City's Capital contribution to the Field House Project will be reduced by 50%
of the funding request or $500,000.
`Big]
-2 -
PREVIOUS RESOLUTION
As per M&C -2016-153, Common Council is committed to partnering in the
funding of the Greater Saint John Field House Project as described in the
contingency of the capital budget.
STRATEGIC ALIGNMENT
The Field House Project is aligned with the Council's Priorities 2016-2020, Plan SJ
and Growth Strategy
REPORT
Background
FCM has recently launched the Municipalities for Climate Innovation Program
(MCIP) to provide municipalities with access to funding, training and learning
opportunities to increase their capacity to reduce greenhouse gas emissions,
build resilience to the impacts of climate change, and support better planning
and management of municipal infrastructure.
The MCIP is a five-year, $75 -million program that helps municipalities prepare
for, and adapt to, climate change, and to reduce emissions of greenhouse gases
(GHGs).
The type of initiatives the program supports include:
• The assessment of the vulnerability to flooding of assets such as roads,
buildings, etc. in a neighborhood.
• Ways to reduce GHG emissions from buildings, wastewater and water
pumping station, waste collection trucks by optimizing routes and
reducing the frequency of garbage and recycling pick-up.
• Plans to encourage residents to use less polluting forms of transportation
by encouraging cycling, walking and transit.
• The impact of a municipal policy change, such as a no -idling policy.
• District Energy System
• Community initiative such as residential solar projects, etc.
• Climate change adaptation to City assets as a result of flooding, ice storm,
wind, etc.
• Climate and Asset Management Network
Program Highlights
• Funding is available for plans, studies, operations and demonstration
projects
-3-
• Grants of up to $175,000 or up to 80% of eligible costs for plans and
studies
• Eligible costs include staff time and external resources
• Demonstration project. Grants of up to $1 Million or up to 80% of the
eligible costs
• Applications are open all year, with the exception of the Climate and
Asset Management Network
Field House Storm Water project
The Storm Water project is critical to the development of the field house site.
The project will help mitigate the impact of the first flush runoff and eliminate
runoff for the 90th percentile of all 24-hour rainfall events. The project is well
aligned with the MCIP funding criteria and requirements for climate change
adaptation and will be eligible for grant of up to $1 Million or up to 80% of the
eligible cost. Total cost of the storm water project is estimated to be $2 Million.
SERVICE AND FINANCIAL OUTCOMES
The City of Saint John has an opportunity to leverage capital funding from the
new FCM MCIP funding program toward the capital cost of the Field House
Project. If successful, the new funding will help reduce the City's Capital
Contribution to the Field House costs by $500,000 and provide additional
funding to the construction of the Field House Project.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
The following City departments were consulted during this process and
preparation of the report: Finance & Administration Services and City Manager
office. In addition, the Greater Saint John Field House Inc. was consulted and will
be submitting the application
ATTACHMENTS
N/A
COUNCIL REPORT
M&C No.
M&C 2017-198
Report Date
July 28, 2017
Meeting Date
August 08, 2017
Service Area
Transportation and
Environment Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: MoveSJ Phase 3 Federal Funding Opportunity
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner/Dept. HeadL4
City Manager
Tim O'Reilly
Michael Hugenholtz
m
I Jeff Trail
RECOMMENDATION
Your City Manager recommends that Common Council endorse City staff
submitting an Expression of Interest toward applying for funding of Phase 3 of
the City's Transportation Strategic Plan (MoveSJ) from the federal National Trade
Corridors Fund.
PREVIOUS RESOLUTION
N/A
REPORT
City staff contemplates recommending as part of the 2018 General Fund
Operating Budget funding necessary to complete the 3rd and final phase of the
City's Transportation Strategic Plan (MoveSJ). Phase 3 is expected to cost
approximately $220,000.
City staff very recently became aware of a federal funding program, called the
National Trade Corridors Fund. The outcomes of MoveSJ appear to align well
with the eligibility requirements of this funding program.
Up to 50% of the cost of the 3rd Phase of MoveSJ could be covered if the project
is approved by the funding program. Consulting fees and staff salaries are
among the eligible expenditures.
The funding program application has multiple steps. An Expression of Interest
(EOI) is due September 5, 2017. The EOI application process will be followed by
`Ki.1
-2-
a Comprehensive Project Proposal phase with submission date of November 6,
2017. Staff is seeking Council support to submit the EOI at this time. There is no
risk to the City from submitting this EOI as this would not bind us from moving
forward on this initiative.
STRATEGIC ALIGNMENT
This report aligns with Council's priority to generate alternative revenue sources.
SERVICE AND FINANCIAL OUTCOMES
At least $110,000 is expected to be recovered should Phase 3 of MoveSJ be
approved for funding from the National Trade Corridors Fund.
`19YA
COUNCIL REPORT
M&C No.
M&C#2017-194
Report Date
April 27, 2016
Meeting Date
August 08, 2016
Service Area
Corporate Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: Procedural Bylaw Amendment respecting
submissions/representation made subsequent to a public hearing
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 I Jeff Trail
RECOMMENDATION
RESOLVED that Common Council direct the City Solicitor to amend the Bylaw
Respecting Procedures of the Common Council to incorporate the resolution of
Common Council made on October 27th, 2014 respecting submissions and
representations made subsequent to a public hearing, with the deletion of the
following phrase "and further that the author of any such
submission/representations be advised by the Common Clerk of the foregoing
direction"; and further that the City Solicitor consolidate the Procedural Bylaw
to incorporate all amendments.
EXECUTIVE SUMMARY
Common Council provides direction through bylaws, policies and resolutions.
Currently there is a resolution concerning public hearing procedures that has not
been incorporated in the Procedural Bylaw. For clarity and transparency, it is
recommended to have all resolutions concerning the Procedural Bylaw available
in one document. There are also eight amendments to the Procedural Bylaw. The
amendments should be consolidated in one document for clarity and easy
reference.
PREVIOUS RESOLUTION
RESOLVED that as recommended by the Committee of the Whole having met on
October 27, 2014, Common Council directs the Common Clerk, in the event of
submissions/representation being received subsequent to the conclusion of a
statutorily mandated public hearing held by Common Council, to retain those
`191:3
-2-
submissions/representations in the Clerk's records but not make them available
to members of Common Council unless requested to do so subsequent to the
Council's taking a final decision on the subject of the public hearing, unless the
City Solicitor advises that providing such submissions/representation prior to the
final decision is appropriate from a legal perspective; and further that the author
of any such submissions/representation be advised by the Common Clerk of the
foregoing direction.
STRATEGIC ALIGNMENT
Customer -Focused Services: The public should be aware of the procedures to
follow when making submissions/representations to Common Council.
SERVICE AND FINANCIAL OUTCOMES
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
Legal Services has reviewed the report and recommendation.
ATTACHMENTS
NIL
Respectfully submitted,
Jonathan Taylor
Common Clerk
WHEREAS Saint John Pride has been established and is
dedicated to supporting and empowering people of all
sexual orientations and gender identities in
participating and contributing to the Greater Saint
John Community, including celebrating diversity,
educating the Greater Saint John Community on
such. issues as discrimination, violence and
harassment and promoting awareness, inclusivity
and equality for all; and
WHEREAS people of Gay, Lesbian, Bisexual, Transgendered,
Transsexual, Two -Spirited, Intersexed and Queer
community contribute significantly to the
social/cultural life and economic well-being of the
City of Saint John; and
WHEREAS this community is proud to celebrate not only within
its own community, but also invites citizens from the
Larger community of the city to celebrate with them;
and
WHEREAS the fifteenth annual Pride Week Festival in Saint
John will be held August 8th to l3th, 2017 under the
banner "Saint John Pride Festival";
NOW THERE RM 1, Mayor Don Darting, of Saint John, do hereby proclaim the
week of August 8th ® 13th, 2017 as "Saint John Pride Festival" in the City of Saint
John.
In witness whereof I have set my hand and affixed the official seal of the Mayor of the
City of Saint John.
M191
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WHEREAS In April 1889, The Legislative Assembly of the
Province of New Brunswick passed an act to
establish the Exhibition Association of the City &;
County of Saint John; and
WHEREAS The Exhibition Association celebrates its 128t',
anniversary this year; and
WHEREAS The annual exhibition takes pleasure in providing
hours of fun and entertainment for young and old
alike; and
WHEREAS The exhibition showcases local talent, art, crafts,
agriculture products and animals; and
WHEREAS The Exhibition Association invites one and all to
come out and join us, for the Best Five Days of
Summer, to celebrate and rediscover East Coast
hospitality at the Saint John Ex.
NOW THEREFORE: 1, Mayor Don Darling, of Saint John, do hereby proclaim the
week of Tuesday, August 29th to Saturday, September 2nd, as Exhibition Days in
the City of Saint John,
In witness whereof I have set my hand and. affixed the official seal of the Mayor of the
City of Saint John. ,A, A A �
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July 20, 2017
His Worship Mayor Don Darling and
Members of Common Council
Your Worship and Councillors:
SUBJECT: Rezoning Application
510 Ellerdale Street
On June 26, 2017 Common Council referred the above matter to the Planning
Advisory Committee for a report and recommendation. The Committee
considered the attached report at its July 18, 2017 meeting.
The City of Saint John.
Mr. Rod Crowther, of Kings Valley Consulting Ltd., appeared before the
Committee on behalf of the property owner. Mr. Crowther was in agreement with
the staff recommendation. No other persons appeared before the Committee
regarding the application.
The Committee approved the staff recommendation contained in the report dated
July 14, 2017.
RECOMMENDATION:
1. That Common Council rezone a parcel of land having an area of
approximately 2,634 square metres, located at 510 Ellerdale Street, also
identified as PID No. 55186720 from Two -Unit Residential (R2) to Mid -
Rise Residential (RM).
2. That pursuant to Section 39 of the Community Planning Act, the
development and use of the parcel of land having an area of
approximately 2,634 square metres, located at 510 Ellerdale Street, also
identified as PID No. 55186720 be subject to the following conditions:
Page 1 of 2
170
Kings Valley Consulting 510 Ellerdale Street July 20, 2017
a) That any development of the site be in accordance with a detailed site
plan to be prepared by the proponent and subject to the approval of
the Development Officer, indicating the location of all buildings,
structures, parking areas driveways, loading areas, signs, exterior
lighting, outdoor storage areas, amenity areas, pedestrian circulation
elements and other site features. This site plan is to be attached to
the application for the building permit for the proposed development
and all site improvements illustrated on the plan must be completed
within one year of completion of the building;
b) That any development of the site shall be in accordance with a
detailed landscaping plan, to be prepared by the proponent and
subject to the approval of the Development Officer. This landscaping
plan is to be attached to the application for the building permit for the
proposed development and all landscaping illustrated on the plan
must be completed within one year of completion of the building; and,
c) That any building be constructed in accordance with detailed elevation
plans prepared by the developer and approved by the Development
Officer. These building elevation plans must be attached to the
application for the building completed within one year of completion of
the building.
Respectfully submitted,
Eric Falkjar
Chair
Attachments
Page 2 of 2
171
The City of Saint. John
Date: July 14, 2017
To: Planning Advisory Committee
From: Growth & Community Planning
Growth & Community Development Services
For: Meeting of Tuesday, July 18, 2017
SUBJECT
Applicant:
Owner:
Location:
.w
Plan Designation:
Existing Zoning:
Proposed Zoning;
Application Type:
Jurisdiction:
Rod Crowther, Kings Valley Consulting Ltd.
629248 N.B. Ltd.
510 Ellerdale Street
55186720
Stable Residential
Two -Unit Residential (R2)
Mid -Rise Residential (RM)
Rezoning
The Community Planning Act authorizes the Planning Advisory
Committee to give its views to Common Council concerning
proposed amendments to the Zoning By-law. Common Council
will consider the Committee recommendation at a public hearing
on Tuesday, August 8, 2017.
Page 1 of 7
172
Kings Valley Consulting Ltd. 510 Ellerdale Street July 14, 2017
SUMMARY
Rod Crowther of Kings Valley Consulting Ltd. has submitted an application to rezone a 2,634
square metre parcel of land located at 510 Ellerdale Street, also identified as PID No. 55186720
from Two -Unit Residential (R2) to Mid -Rise Residential (RM) for the purpose of constructing an
18 -unit multiple dwelling. The land is vacant and has not been developed upon. Development of
the eastern corner of the lot is constrained by a municipal services easement for an existing
water and sewer main. As a result of the configuration of the building and parking lot, variances
will be required to reduce the front and rear yard setback, in addition to increasing the driveway
width. To mitigate these reduced setbacks, staff will ensure a high quality landscaping is
provided through provision of a detailed landscaping plan prepared by the developer for
submission with the Building Permit application.
RECOMMENDATION
1. That Common Council rezone a parcel of land having an area of approximately 2,634
square metres, located at 510 Ellerdale Street, also identified as PID No. 55186720 from
Two -Unit Residential (R2) to Mid -Rise Residential (RM).
2. That, pursuant to Section 39 of the Community Planning Act, the development and use
of the parcel of land having an area of approximately 2,634 square metres, located at
510 Ellerdale Street, also identified as PID No. 55186720 be subject to the following
conditions:
a) That any development of the site be in accordance with a detailed site plan to be
prepared by the proponent and subject to the approval of the Development
Officer, indicating the location of all buildings, structures, parking areas
driveways, loading areas, signs, exterior lighting, outdoor storage areas, amenity
areas, pedestrian circulation elements and other site features. This site plan is to
be attached to the application for the building permit for the proposed
development and all site improvements illustrated on the plan must be completed
within one year of completion of the building;
b) That any development of the site shall be in accordance with a detailed
landscaping plan, to be prepared by the proponent and subject to the approval of
the Development Officer. This landscaping plan is to be attached to the
application for the building permit for the proposed development and all
landscaping illustrated on the plan must be completed within one year of
completion of the building; and,
c) That any building be constructed in accordance with detailed elevation plans
prepared by the developer and approved by the Development Officer. These
building elevation plans must be attached to the application for the building
Page 2 of 7
173
Kings Valley Consulting Ltd. 510 Ellerdale Street July 14, 2017
permit for the proposed development and all work illustrated on the plans must
be completed within one year of completion of the building.
DECISION HISTORY
There were no previous decisions for the subject property.
ANALYSIS
Proposal
The applicant is seeking to rezone a parcel of land at 510 Ellerdale Street from Two -Unit
Residential (R2) to Mid -Rise Residential (RM) for the purpose of constructing an 18 -unit multiple
dwelling. There are a number of variances required pertaining to the front and side yard of the
subject property, in addition to the maximum driveway width. These variances will be dealt with
by the Development Officer.
Site and Neighbourhood
The subject property is a 2,634 square metre parcel of vacant land. Development of the
property is constrained by a municipal services easement for a water and sewer main, which
cuts across the eastern corner of the lot. In addition, NB Power also holds an easement on this
eastern corner of the lot. The property fronts onto Ellerdale Street and backs onto the rear of
single family dwellings off Westmorland Road.
The subject property is located on Ellerdale Street, an urban collector street that lies between
Westmorland Road and Loch Lomond Road. The immediate neighbours off Ellerdale Street are
predominantly multiple dwelling buildings constructed between 1976 to 2012. The north side of
Ellerdale is zoned in large part for medium density uses. Along the southwestern edge of
Ellerdale Street, the neighbourhood transitions into post-war era single family dwellings. The
neighbourhood is serviced by a bus route, playground and is in close proximity to a Regional
Retail Centre.
Municipal Plan and Rezoning
The subject property is designated Stable Residential, which provisions for housing of almost
every form and density. Policy LU -87 states that "new and redeveloped land uses are to
reinforce the predominant community character and make a positive contribution to the
neighbourhood." Furthermore, Policy LU -88 of the Municipal Plan requires rezoning for
significant new development is in compliance with the following criteria:
Page 3 of 7
174
Kings Valley Consulting Ltd. 510 Ellerdale Street July 14, 2017
a. Desirability of the proposed land 1 The proposal makes use of a vacant parcel of land and
use
provides additional housing units in the neighbourhood.
b. Compatibility with surrounding land
The proposal suits the surrounding neighbourhood
uses
given the prevalence of the multiple dwelling building
form and land use in the surrounding area along
Ellerdale Street.
c. Location in terms of available
The site lies within the Primary Development Area and
services
has adequate access to city services in addition to
amenities including public transit, playgrounds, the East
branch library, and Bayside elementary school.
d. Site design features that include
Safe access, appropriate buffering, landscaping, and
safe access, buffering and
storm water management will be required. Staff will
landscaping, grading, and storm
require screening of any parking lot area to offset the
water management
reduced setback from adjacent neighbours.
e. A high quality exterior building
The proposal is in conformity with the design principles
design consistent with the Urban
articulated by Policy UD -9 for this type of development.
Design principles of the Plan
In the attached elevation plans, staff have advised
greater articulation be given to the building's front
entrance to ensure legibility. With the submission of
any final elevation plans, staff will ensure Urban Design
policies are met at the time of issuing the permit.
f. The proposal does not detract from
Given the scale and significance of the proposal it will
the City's intention to direct the
not detract from the City's intention to direct growth in
majority of new development to
these areas.
Primary Centres, Local Centres, and
Intensification Areas
Variances
The following variances are required to enable the submitted proposal. These will be reviewed
by the Development Officer.
(1) To reduce the rear yard setback
(2) To reduce the setback of the parking lot from the northwest and southwest adjacent
property lines.
(3) To reduce the required front yard setback
(4) To increase the maximum driveway width to 10.9 metres whereas the Zoning Bylaw
requires a maximum of 9 metres for residential accesses.
Parking and Access
As mentioned above, a variance will be required to increase the driveway width (The proposal is
1.9 metres wider than the maximum allowed access width). While the proposal meets all
requirements in terms of parking stalls, bicycle parking will also be required. Staff have
Page 4 of 7
175
Kings Valley Consulting Ltd. 510 Ellerdale Street July 14, 2017
suggested that the applicant narrow the parking lot aisle width to achieve a greater front
landscaped area.
Landscaping and Screening
Landscaping is required for all setbacks. Given the proposed variances to reduce the rear yard
setback, parking lot setback from adjacent property lines, and front yard setback, staff have
advised that all screening requirements shall closely be adhered to. Trees and/or hedges must
be provided at the rear yard and side yards of the parking lot. Regarding the front yard, there is
a 5 metres portion of right of way between the front yard curb and property line. This portion of
the right of way is also required to be landscaped by the applicant. In doing so, a total 8 metres
landscaped area will be created from curb to front yard parking lot. Regarding the outdoor
storage area, screening must also be provided by a perimeter of vegetation.
Conclusion
For the reasons outlined in the analysis, the proposal is suitable for the neighbourhood and
would contribute additional housing units to an area which lies in close proximity to a major
employment area.
ALTERNATIVES AND OTHER CONSIDERATIONS
The Committee may propose additional conditions in the form of a Section 39 amendment to
accompany the rezoning.
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 June 30, 2017. The public hearing for
the rezoning was advertised in the Telegraph -Journal on June 13, 2017.
SIGNATURES AND CONTACT
Prepared:
Andrew Reid, MPI
Planner
Page 5 of 7
176
Kings Valley Consulting Ltd. 510 Ellerdale Street July 14, 2017
Reviewed:
Mark Reade, P.Eng., MCIP, RPP
Senior Planner
Contact:
Andrew Reid
Phone:
(506) 658-4447
E-mail:
andy.reid@saintjohn.ca
Project:
17-126
Approved:
Jacqueline Hamilton, MURP, MCIP, RPP
Commissioner
Page 6 of 7
177
Kings Valley Consulting Ltd. 510 Ellerdale Street July 14, 2017
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: Floor Plan
Page 7 of 7
178
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PROPOSED ZONING BY-LAW
AMENDMENT
RE: 510 ELLERDALE STREET
Public Notice is hereby given that the Common
Council of The City of Saint John intends to
consider amending The City of Saint John Zoning
By-law at its regular meeting to be held in the
Council Chamber on Tuesday, August 8, 2017 at
6:30 p.m., by:
Rezoning a parcel of land having an area of
approximately 2634 square metres, located at 510
Ellerdale Street, also identified as PID No.
55186720 from Two -Unit Residential (112) to
Mid -Rise Residential (RM), as illustrated below.
(INSERT MAP)
REASON FOR CHANGE:
To permit an 18 -unit multiple dwelling
The proposed amendment may be inspected by any
interested person at the office of the Common
Clerk, or in the office of Grovrth 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.
PROJET DE MODIFICATION DE L'ARRETE
DE ZONAGE
OBJET: 510 RUE ELLERDALE
Par les pr6sentes, un avis public est donn6 par
lequel ie conseil communal de The City of Saint
John indique son intention d'6tudier la modification
suivante a I'Arret6 de zonage de The City of Saint
John, lors de la r6union ordinaire qui se tiendra
dans la Salle du conseil le mardi 8 aont 2017 a 18
h 30 :
Rezonage d'une parcelle de terrain d'une superficie
d'environ 2634 metres carrds, situ6e au 510 rue
Ellerdale, et portant le NID 55186720, de zone
residentielle bifamiliale (112) a zone
r6sidentielle — immeubles d'habitation de
hauteur moyenne (RM), comme le montre la
carte ci-dessous.
(INSERER LA CARTE)
RAISON DE LA MODIFICATION:
Permettre une habitation multifamiliale de 18
unit6s
Toute personne int6ress6e peut examiner le projet
de modification au bureau du greffier communal ou
au bureau du service de la croissance et du
d6veloppement communautaire a Fh6tel de ville
situ6 au 15, Market Square, a Saint John, au
Nouveau -Brunswick., entre 8 h 30 et 16 h 30 du
lundi au vendredi, sauf les jours f6ri6s.
Veuillez faire part de vos objections au projet de
modification par 6crit a ]'attention du soussign6 a
1'h6tel de ville.
If you require French services for a Common Si vous avez besoin des services en frangais pour
Council meeting, please contact the office of the une reunion de Conseil Communal, veuillez
Common Clerk, contacter le bureau du greffier communal.
Jonathan Taylor, Common Clerk
658-2862
Jonathan Taylor, Greffier communal
658-2862
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PROPOSED ZONING BY-LAW
AMENDMENT
RE: 510 ELLERDALE STREET
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 8y -law at its regular
meeting to be held in the Council
Chamber on Tuesday, August
8, 2017 at 6:30 p.m., by:
Rezoning a parcel of land having
an area of approximately 2634
square metres, located at 510
Ellerdale Street, also identified
as PID No. 55186720 from
Two -Unit Residential (R2) to
Mid -Rise Residential (RM), as
illustrated below.
REASON FOR CHANGE:
To permit an 18 -unit multiple
dwelling
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,
r,tj.,
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
PROJET DE MODIFICATION DE
L'ARRETE DE ZONAGE
OBJET; 510 RUE ELLERDALE
Par les pr6sentes, un avis public
est donne par lequel le conseil
communal de The City of Saint
John indique son intention
d'6tudier la modification suivante
A I'Arret6 de zonage de The City
of Saint John, lors de la reunion
ordinaire qui se tiendra dans la
salle du conseil le mardi 8 aout
2017a18h30:
Rezonage d'une parcelle de
terrain d'une superficie d'environ
2634 metres carres, situ6e au
510 rue Ellerdale, et portant
le NID 55186720, de zone
residentielle bifamiliale
(RZ) a zone r6sidentielle
— immeubles d'habitation
de hauteur moyenne (RM),
comme Ie montre la carte ci-
dessous.
RAISON DE LA
MODIFICATION:
Permettre une
habitation
.. �, multifamiliale de
£' 18 unit6s
Toute personne
int6ress6e
f , peut examiner
le projet de
f modification au
bureau du greffier
�°�~• communal ou
au bureau du
service de la
croissance et du d6veloppement
communautaire a I'h6tel de
ville situ6 au 15, Market Square,
a Saint John, au Nouveau -
Brunswick., entre 8 h 30 et 16 h
30 du lundi au vendredi, sauf les
jours f6ri6s.
Veuillez faire part de vos
objections au projet de
modification par 6crit a !'attention
du soussigne a Ph6tel de ville.
Si vows avez besoin des services
en fran�ais pour une r6union
de Conseil Communal, veuillez
contacter le bureau du greffier
communal.
Jonathan Taylor,
Greffier communal
658-2862
LOCATION
CIVICADDRESS: L 87-2 Eiiie St
IPID#:..155186720
in
HERITAGE AREA: Y N I KITENSIFICATION AREA. Y / N FLOOD RISK AREA: Y N APPROVED GRADING PLAN: Y N
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AP P L1 cA-n 0 N #-- DATE RECEIVED:
SaintJohn, NB E2L JE8
commoncle —k
@LahttLohmca
l IU [J IE'l �9/ 17
. .................. . ........................................................... .
(506) 658-2862
. .. . ...............................................................................
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RECEIVED BY:
APPLICANT EMAIL
PHONE
Rod Crowther Kingval@nbnet.nbnca
506 847-2878
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0
MAI LING ADDRESS
POSTAL CODE
1--
126C Hampton Road, Rothesay
E2E 2N6
CONTRACTOR EMAIL
PHONE
MAILING ADDRESS
POSTALCODE
Lj
OWNER EMAIL
PHONE
629248 N.B. Ltd. (Andrew MacDonald)
506 633-2840
MAI LING ADDRESS
POSTAL CODE
100 Hemlock, Saint John, NB
E2N 1P9
PRESENT USE: R2 PROPOSED USE:
RM
BUILDING PLANNING
INFRASTRUCTURE HERITAGE
CL
CL
INTERIOR RENovA-nON [KPEW CONSTRUCTION VARIANCE
STREET EXCAVATION HERITAGE DEVELOPMENT
❑ EXTERIOR RENOVATION ACCESSORYBLDG ❑ PLANNING LETTER
❑ DRIVEWAY CULVERT ❑ HERITAGE SIGN
❑ ADDITION ❑ POOL ❑ PACAPPLICATION
E] DRAINAGE ❑ HERITAGE INFILL
<
DECK ❑ DEMOLITION ❑ COUNCIL APP
❑ WATER & SEWERAGE ❑ HERITAGE DEMO
U
HANGEOF USE ❑ SIGN OSUBDIVISION
❑ OTHER El OTHER
❑MINIMUM STANDARDS ❑OTHER ❑OTH ER
Rezone from R2 to RM to allow construction for an 18 unit apartment building with elevator.
LL
0
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0
0
❑ 1 consent to the City of Saint John sending to me commercial electronic messages, from time to time, regarding City initiatives and incentives.
General Calkalon Starentem
This information is being collected in order for the Ott, of Saint John to deliver an existing
Program Isen ice; the collection is limited to that which is necessary to deliver the program /
szinwe. Unless required to do so by lais-, the City of Saint John will not share your Personal
information iNth any thirdparoy u-ithoutyour express consent,
1, the undersigned, hereby apply for the permit(s) or approval(s), indicated
above for the work described on plans, submissions and forms herewith
submitted. This application includes all relevant documentation necessary for
the applied for permit(s) or opprovol(s). I agree to comply with the plans,
specifications and further agree to comply with all relevant City By-laws and
conditions imposed.
The legal authority for collecting this information is to be found in the MuKiciPaRties Act and
hill od Crowther
the Right to Information and Protection of Privacy Act. For further information or questions
b Applicant Name
regarding the coliccrion of personal information, Please contact the Access & Privacy otricer:
City Hall Building
8th Floor -15 Market Square
SaintJohn, NB E2L JE8
commoncle —k
@LahttLohmca
l IU [J IE'l �9/ 17
. .................. . ........................................................... .
(506) 658-2862
. .. . ...............................................................................
11t Pi
Me w;p a :n,�Zw Pau
191
!TryA �� ��`p 4p��g �q� I
��1"V��`�I��I .R�d4 S1�.. ��W�N�I�CES
a
Conditional Use Non-Conformings Similar or Compatible UseTemporary
Service FService F FApproval
SeMce F $300
It . x�P=rw.
As of the date of this application, I, the undersigned, am the registered owner of the land described in this application or the
authorized agent thereof, and I have examined the contents of this application and hereby certify that the information submitted with
the application is correct insofar as I have knowledge of these facts, and I hereby authorize the applicant to represent this matter and
to provide any additional information that will be necessary for this application.
,Nod
Crowther
Registered ALdhorized Agent .
Jure 0, 2017
Date ®ate
The information contained in this application and any documentation, including plans, drawings, reports, and studies, provided in
support of this application will become part of the public record.
192
Map Scale ! tchelle cartographique 1 : 5000
PID# 55186720
Proposed RM Zoning for Lot 87-2 Ellerdale Street
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BY-LAW NUMBER C.P. 111-
A LAW TO AMEND
THE ZONING BY-LAW
OF THE CITY OF SAINT JOHN
ARRETE N" 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 conscil
John in Common Council convened, as communal, The City of Saint John a
follows: d6cr6t6 ce qui suit :
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 rezoning
a parcel of land having an area of
approximately 2634 square metres, located
at 510 Ellerdale Street, also identified as
PID No. 55186720 from Two -Unit
Residential (R2) to Mid -Rise Residential.
- 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. 2017
and signed by:
Uarret6 de zonage de The City of
Saint John, d6cr6t6 le quinze (15) d6cembre
2014, est modifi6 par:
1 La modification de Pannexe A,
Carte de zonage de The City of Saint John,
permettant de modifier la designation pour
une parcelle de terrain d'une superficie
d'environ 2634 metres carr6s, situ6e au 510
rue Ellerdale, et portant le NID 55186720,
de zone residentielle bifamiliale (R2) a
zone r6sidentieile — immeubles d'habitation
de hauteur moyenne (RM).
- toutes les modifications sont indiqu6es sur
le plan ci joint et font partie du pr6sent
arretL
EN FOI DE QUOI, The City of Saint John
a fait apposer son sceau communal sur le
present arret6 le 2017.
avec les signatures suivantes :
Common Clerk/Greffier communal
First Reading -
Premiere lecture
Second Reading -
Deuxieme lecture
Third Reading -
Troisieme lecture
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July 20, 2017
His Worship Mayor Don Darling and
Members of Common Council
Your Worship and Councillors:
SUBJECT: Rezoning Application
12, 24-30 Westmorland Street
On July 10, 2017 Common Council referred the above matter to the Planning
Advisory Committee for a report and recommendation. The Committee
considered the attached report at its July 18, 2017 meeting.
The City of Saint John.
Chris Pyne, the applicant, appeared before the Committee and spoke in favour of
the staff report. The applicant commented that he has been active in the subject
area of the City taking down dilapidated buildings and investing in businesses.
The current proposal is an extension of these efforts.
The Committee asked staff if the proposal is in keeping with the Stable
Residential future land use designation of the surrounding area. Staff stated that
Stable Residential does contemplate a mix of commercial uses. Indeed, the
primary component of the proposed use of the dwelling at 24-30 Westmorland
Street is a residential land use, with a complementary `business office' feature
that may be included in the development. The proposal for the other property
located at 12 Westmorland Street is to be rezoned to Corridor Commercial (CC),
which would be a parking area in support of the adjacent commercial business
on Loch Lomond Road.
The Committee asked the applicant about the possibility of placing a fence or
hedge on the northern property line facing the rear yards of 40 and 42 Loch
Lomond Road. The Committee noted that there appears to be an existing parking
encroachment onto the adjacent laneway that could be partially prevented
through the establishment of a hard barrier between the two properties. The
applicant stated that there is an existing hedge line the runs between the two
properties that functions in the same manner as proposed by the Committee.
Page 1 of 3
219
Chris Pyne 24-30 Westmorland Street July 20, 2017
The Committee asked staff if a home-based business is permitted in the Two -
Unit Residential (R2) zone, to clarify why there is a need to rezone the property
to Local Commercial (CL). Staff replied that the applicant had indicated that he
did not want to restrict the potential business use of the property to a home-
based business as he may want to entertain the option of having an independent
small business owner rent the space in the future.
The Committee did not recommend any further conditions beyond the proposed
Section 39 conditions. Nobody else appeared before the Committee, and no
letters were received expressing concern or support for the proposed rezoning.
After considering the report, and the comments made by the applicant, the
Committee recommended that Council approve the proposed rezoning and
Section 39 conditions, with the text amendment to condition 2(d) to replace the
term "building permit" with "development permit".
RECOMMENDATION:
1. That Common Council rezone a parcel of land having an area of
approximately 1012 square metres, located at 12 Westmorland Street,
also identified as PID No. 55222228, from Two -Unit Residential (R2) to
Corridor Commercial (CC);
2. That, subject to Section 39 of the Community Planning Act, the rezoning
of a parcel of land having an area of approximately 1012 square metres,
located at 12 Westmorland Street, also identified as PID No. 55222228,
from Two -Unit Residential (R2) to Corridor Commercial (CC), be subject
to the following conditions:
a. That the use of the property be limited to the proposal;
b. That all areas of the site not used for parking be hydroseeded;
c. That a board -on -board fence, or a hedge used for screening
purposes, be placed along the rear yard and the southern side yard of
the subject site;
d. That the work identified in 2(b) and 2(c) be completed within one year
of the issuance of a building permit.
3. That Common Council rezone a parcel of land having an area of
approximately 929 square metres, located at 24 and 26 Westmorland
Street, also identified as PID Nos. 55158067 and 55232664, from Two -
Unit Residential (R2) and Neighbourhood Community Facility (CFN) to
Local Commercial (CL).
Page 2 of 3
220
Chris Pyne 24-30 Westmorland Street July 20, 2017
Respectfully submitted,
Eric Falkjar
Chair
Attachments
Page 3 of 3
221
The City of Saint. John
Date: July 14, 2017
To: Planning Advisory Committee
From: Growth & Community Planning
Growth & Community Development Services
For: Meeting of Tuesday, July 18, 2017
SUBJECT
Applicant:
Owner:
Location:
.s
Plan Designation
Existing Zoning:
Proposed Zoning:
Application Type:
Jurisdiction:
Chris Pyne
640108 NB, Ltd.
12, 24-30 Westmorland Street
55222228,55232664 and 55158067
Stable Residential
Two -Unit Residential (R2) and Neighbourhood Community Facility
(CFN)
Corridor Commercial (CC) and Local Commercial (LC)
Rezoning and Conditional Use
The Community Planning Act authorizes the Planning Advisory
Committee to give its views to Common Council concerning
proposed amendments to the Zoning By-law. Common Council
will consider the Committee recommendation at a public hearing
on Tuesday, August 8, 2017.
Page 1 of 7
222
Chris Pyne 12, 24-30 Westmorland Street July 14, 2017
SUMMARY
The applicant is seeking to rezone three properties on Westmorland Street to permit the
development of a parking area for an existing business, and to develop a building that would
contain a residential use as well as a business office or a secondary suite. The property at 12
Westmorland Street currently contains a two -car garage, which the applicant would like to
demolish and create a small parking area for the adjacent business. The applicant is proposing
to rezone the property to Corridor Commercial (CC), which recognises a parking lot as a
conditional use in the zone. Staff recommend approval for this rezoning, subject to Section 39
conditions that relate to the beautification of the site. No additional conditions are recommended
in conjunction with the conditional use for the parking area.
In addition, the applicant is seeking approval to rezone two properties at the end of
Westmorland Street from Two -Unit Residential (R2) and Neighbourhood Community Facility
(CFN) to Local Commercial (CL). The applicant is proposing to construct a two-storey building
that would contain a residential unit as well as a business office. Staff support this rezoning.
RECOMMENDATION
That Common Council rezone a parcel of land having an area of approximately 1012
square metres, located at 12 Westmorland Street, also identified as PID No. 55222228,
from Two -Unit Residential (R2) to Corridor Commercial (CC);
2. That, subject to Section 39 of the Community Planning Act, the rezoning of a parcel of
land having an area of approximately 1012 square metres, located at 12 Westmorland
Street, also identified as PID No. 55222228, from Two -Unit Residential (R2) to Corridor
Commercial (CC), be subject to the following conditions:
a. That the use of the property be limited to the proposal;
b. That all areas of the site not used for parking be hydroseeded;
c. That a board -on -board fence, or a hedge used for screening purposes, be placed
along the rear yard and the southern side yard of the subject site;
d. That the work identified in 2(b) and 2(c) be completed within one year of the
issuance of a building permit.
3. That the Planning Advisory Committee not add any further conditions to the use of the
subject site as a commercial parking lot for three parking spaces;
4. That Common Council rezone a parcel of land having an area of approximately 929
square metres, located at 24 and 26 Westmorland Street, also identified as PID Nos.
55158067 and 55232664, from Two -Unit Residential (R2) and Neighbourhood
Community Facility (CFN) to Local Commercial (CL).
Page 2 of 7
223
Chris Pyne 12, 24-30 Westmorland Street July 14, 2017
DECISION HISTORY
Our files show no relevant history for the subject properties as they relate to the proposed
rezoning of these properties.
ANALYSIS
Proposal
The applicant is seeking to rezone three properties on Westmorland Street. The first property,
located at 12 Westmorland Street, which currently contains a two -car garage, is located in the
Two -Unit Residential (R2) zone. Chris Pyne, the applicant, is seeking to rezone the property to
Commercial Corridor (CC) to permit the establishment of a parking area associated with the
adjacent business at 42 Loch Lomond Road. The proposed parking area would require the
demolition of the existing garage. The establishment of a parking area on a lot in the
Commercial Corridor (CC) is identified as a Conditional Use in the Commercial Corridor (CC)
zone, which requires the review of the Committee to consider any conditions to the proposed
use, should any be deemed necessary.
In addition to the above rezoning application, the applicant is seeking to rezone the two
properties located at 24-30 Westmorland Street (PIDs 55158067 and 55232664) from
Neighbourhood Community Facility (CFN) and Two -Unit Residential (R2) to Local Commercial
(CL). Mr. Pyne is proposing to develop a new building on the lot that would contain a single -unit
dwelling as well as a secondary suite, but he would like to retain the potential to renovate the
space in the future to include a business office. The Local Commercial (CL) zone permits both a
residential land use, as well as a business office.
Site and Neighbourhood
The three properties subject to the current application are all located toward the end of
Westmorland Street where it abuts the Bayside Middle School property. This area of the City
has a wide range of land uses, which is reflected in the diversity of zones that exist in the vicinity
of the subject site. Westmorland Street is a short street that runs between Loch Lomond Road
and the rear property boundary of Bayside Middle School. Although short, the street contains
three different zones: Two -Unit Residential (R2), Corridor Commercial (CC), and
Neighbourhood Community Facility (CFN).
The applicant is also the owner of Kane's Corner Convenience store, located at 40 Loch
Lomond Road, and has indicated that he intends on expanding the business, or the parking
related to it, sometime in the future, which would require the demolition of the existing building
at 42 Loch Lomond Road. Site improvements, including required landscaping, paving and
curbing will be addressed at that time if the applicant pursues this option.
Page 3 of 7
224
Chris Pyne 12, 24-30 Westmorland Street July 14, 2017
The Bayview Credit Union, which was constructed in 1979, is located on the opposite side of
Westmorland Street and is zoned Commercial Corridor, (CC).
Municipal Plan and Rezoning
12 Westmorland Street
Mr. Pyne owns several properties in the area of the subject site, including 40 and 42 Loch
Lomond Street, as well as 12, 20-22, and 24-30 Westmorland Street. This area of the City has
evolved over the past several decades to include a broader mix of commercial land uses. As a
result, the area of Loch Lomond Road from the Westmorland Street intersection to Bayside
Drive was placed in the Corridor Commercial (CC) zone under the provisions of the new Zoning
Bylaw when it was adopted in 2014. The Commercial Corridor (CC) zone extends into
Westmorland Street along the opposite side of the street as the subject site. The presence of
the Commercial Corridor (CC) zone gives favourable context to contemplate the proposed
rezoning of 12 Westmorland Street. Mr. Pyne has indicated that the property would be used for
staff parking for the Kane's Corner Convenience store employees, which would be
approximately three parking spaces.
The Zoning Bylaw does not require paving or curbing on a commercial lot if there are fewer than
five spaces. However, aesthetic enhancements to vacant lots plays an important role in
maintaining a community standard for beautification that contributes to the appeal of the
surrounding streetscape. As such, staff recommend that approval for the rezoning of the subject
site be subject to a condition of Section 39 of the Community Planning Act that requires the
applicant to hydroseed the areas of the lot that will not be used for parking. This will help ensure
that the site positively contributes to the beautification of the surrounding area. In addition, staff
recommend that a further condition be adopted by Council that would require the applicant to
have a row of hedges, or board -on -board fence, installed along the rear property line as well as
the southern side property line abutting 20-22 Westmorland Street. Such features will act as
physical barriers blocking light pollution onto the adjacent properties that may occur from
vehicles entering the subject lot.
Finally, staff recommend a condition that limits the use of the property to the current proposal.
The Commercial Corridor (CC) zone has a broad range of automobile -related uses. The subject
site is located in a transitioning area between residential and commercial. The future use of the
property should be subject to further review by the Committee and Council to ensure any
proposed future use is in keeping with the surrounding environment.
24-26 and 30 Westmorland Street
In addition to the above proposed rezoning of 12 Westmorland Street, the applicant is also
seeking to rezone the two properties at the end of Westmorland Street from Two -Unit
Residential (R2) and Neighbourhood Community Facility (CFN) to Local Commercial (CL). Mr.
Pyne has indicated that he wishes to construct a two-storey building that would function as his
principle residence, and contain a business office, or a secondary suite, on the ground level. Mr.
Pyne was not certain if the business would be his own, thus qualifying as a `home-based
business', which is permitted in the Two -Unit Residential (R2) zone, or if it would be a business
Page 4 of 7
225
Chris Pyne 12, 24-30 Westmorland Street July 14, 2017
office for an external company. As such, the Local Commercial (CL) zone is the most
appropriate zone as it includes the option of retaining a residential unit as well as limited
commercial uses that are in keeping with the local residential neighbourhood, including a
business office. Staff support the rezoning of these two properties with no further recommended
conditions.
Conclusion
The applicant is seeking to rezone three properties on Westmorland Street. The first property,
located at 12 Westmorland Street, currently contains a door -car garage, which the applicant
would like to remove and create a small parking area for his business at 40 Loch Lomond Road.
Mr. Pyne would like to rezone the property to Corridor Commercial (CC), which recognises a
parking lot as a conditional use in the zone. Staff support the proposed rezoning, but
recommend that Council adopt Section 39 conditions to ensure the property is kept to a
community standard that contributes positively to the surrounding area.
The other two properties are located at the end of Westmorland Street and are currently vacant.
The applicant would like to construct a two-storey building that would be his principle area of
residence, but would also include either a business office or a secondary suite. Mr. Pyne is
seeking approval to rezone the properties to Local Commercial (CL) zone as it permits a
business office as well as a residential unit. Staff recommend approval with no further conditions
to these properties.
ALTERNATIVES AND OTHER CONSIDERATIONS
There are no alternate solutions recommended for this application.
ENGAGEMENT
Proponent
The applicant has indicated that he has had conversations with the neighbours in the area.
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 July 5, 2017. The public hearing for the
rezoning was advertised in the Telegraph -Journal on July 13, 2017.
Page 5 of 7
226
Chris Pyne 12, 24-30 Westmorland Street July 14, 2017
SIGNATURES AND CONTACT
Prepared:,
Jody 1i fer, , MCIP, RPP
Planner
Reviewed:
x/ d
Mark Reade, P.Eng., MCIP, RPP
Senior Planner
Contact: Jody Kliffer
Phone: (506) 632-6846
E-mail: jody.kliffer@saintjohn.ca
Project: 17-103
Approved:
7-, 1i- !
��. ueline Hamilton, MURP, MCIP, RPP
Commissioner
Page 6 of 7
227
Chris Pyne 12, 24-30 Westmorland Street July 14, 2017
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: Floor Plan
Page 7 of 7
228
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PROPOSED ZONING BY-LAW
AMENDMENT
RE: 12,24 AND 26 WESTMORLAND
STREET
Public Notice is hereby given that the Common
Council of The City of Saint John intends to
consider amending The City of Saint John Zoning
By-law at its regular meeting to be held in the
Council Chamber on Tuesday, August 8, 2017 at
6:30 p.m., by:
Rezoning a parcel of land having an area of
approximately 1012 square metres, located at 12
Westmorland Street, also identified as PID No.
55222228 from Two -Unit Residential (112) to
Corridor Commercial (CC), and
Rezoning a parcel of land having an area of
approximately 929 square metres, located at 24 and
26 Westmorland Street, also identified as PID Nos.
55158067 and 55232664 from Two -Unit
Residential (R2) and Neighbourhood
Community Facility (CFN) to Local Commercial
(CL), as illustrated below.
(INSERT MAP)
REASON FOR CHANGE:
To proN ide parking for future commercial
development at 12 Westmorland Street and to
construct a mixed-use building at 24-26
Westmorland Street
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
PROJET DE MODIFICATION DE L'ARRETE
DE ZONAGE
OBJET: 12,24 ET 26 RUE WESTMORLAND
Par les pr6sentes, un avis public est donne par
lequel le conseil communal de The City of Saint
John indique son intention d'6tudier 1a modification
suivante a 1'Arret6 de zonage de The City of Saint
John, lors de la reunion ordinaire qui se tiendra
dans la salle du conseil le mardi 8 aout 2017 a 18
h 30:
Rezonage d'une parcelle de terrain d'une superficie
d'environ 1012 metres carr6s, situ6e au 12 rue
Westmorland, et portant le NID 55222228, de zone
r6sidentielle bifamiliale (R2) a zone
commerciale de corridor, et
Rezonage d'une parcelle de terrain d'une superficie
d'environ 929 metres carr6s, situ6e au 24 et 26 rue
Westmorland, et portant les NID 55158067 et
55232664 , de zone residentielle bifamiliale (R2)
et zone d'installations communautaires de
quartier (CFN) a zone commerciale locale (CL)
comme le montre la carte ci-dessous.
(INSERER LA CARTE)
RAISON DE LA MODIFICATION:
Construire un terrain de stationnement pour un
ddveloppement commercial futur a 12, rue
Westmorland et construire un immeuble a
utilisations mixtes aux 24-26, rue Westmorland.
Toute personne int6ress6e peut examiner le projet
de modification au bureau du greffier communal ou
au bureau du service de la croissance et du
d6veloppement communautaire a 1'h8tel de rille
situ6 au 15, Market Square, a Saint John, au
Nouveau -Brunswick., entre 8 h 30 et 16 h 30 du
lundi au vendredi, sauf Ics jours f6ri6s.
Veuillez faire part de vos objections au projet de
modification par 6crit a 1'attention du soussign6 a
Ph6tel de ville.
Si vous avez besoin des services en frangais pour
une r6union de Conseil Communal, veuillez
237
Common Clerk.
Jonathan Taylor, Common Clerk
658-2862
contacter le bureau du greffier communal.
Jonathan Taylor, Greffier communal
658-2862
238
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PROPOSED ZONING BY-LAW
AMENDMENT
RE: 12,24 AND 26
WESTMORLAND STREET
Public Notice is hereby given that
the Common Council of The City
of Saint John intends to consider
amending The City of Saint John
Zoning By-law at its regular
meeting to be held in the Council
Chamber on Tuesday, August
8, 2017 at 6:30 p.m., by:
Rezoning a parcel of land
having an area of approximately
1012 square metres, located
at 12 Westmorland Street, also
identified as PID No. 55222228
from Two -Unit Residential
(R2) to Corridor Commercial
(CC), and
Rezoning a parcel of land having
an area of approximately 929
square metres, located at 24
and 26 Westmorland Street, also
identified as PID Nos. 55158067
and 55232664 from Two -
Unit Residential (R2) and
Neighbourhood Community
Facility (CFN) to Local
Commercial (CL), as illustrated
below.
REASON FOR CHANGE:
To provide
parking for future
x =
commercial
x"
development at 12'.1
3
Westmorland Street
and to construct
a mixed-use
building at 24-26
Westmorland Street.
The proposed L
amendment maybe 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 6:30 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
PROJET DE MODIFICATION DE
L'ARRE-TE DE ZONAGE
OBJET: 12, 24 ET 26 RUE
WESTMORLAND
Par les pr6sentes, un avis public
est donn6 par lequel le conseii
communal de The City of Saint
John indique son intention
d1tudier la modification sulvante
a I'Arr)W de zonage de The City
of Saint John, lors de la reunion
ordinalre qui se tiendra dans la
salle du conseil le mardl 8 ao0t
2017A18h30:
Rezonage dune parcelle de
terrain d'une superficie d'environ
1012 metres carr6s, situ6e au
12 rue Westmorland, et portant
le NID 55222228, de zone
Mlidentielle bifamiliale
(1112) 6 zone commerciale de
corridor, et
Rezornage d'une parcelle de
terrain d'une superficie d'environ
929 metres carr6s, situ6e au
24 et 26 rue Westmorland,
et portant les NID 55158067
et 55232664, de zone
r6sidentielle bifamiliale
(RZ) et zone d'installatlons
communautaires de quartler
(CFN) a zone commerciale
locale (CL) comme le montre la
carte ci-dessous.
Toute personne int6ress6e
peat examiner le projet de
modification au bureau du
greffier communal ou au bureau
du service de la croissance et du
d6veloppement communautaire A
MOW de ville situ6 au 15, Market
Square, 5 Saint John, au Nouveau -
Brunswick., entre 8 h 30 et 16 h
30 du lundi au vendredi, sauf les
jours Mri&.
Veuillez faire part de vos
objections au projet de
modification par 6crit A I'attention
du soussign6 a I'h6tel de Ville.
Si vous avez besoin des services
en fran�ais pour une r€union
de Conseil Communal, veuillez
contacterle bureau du greffler
communal.
Jonathan Taylor,
Greffier communal
658-2862
RAISON DE LA
MODIFICATION'
x =
Construire
x"
un terrain de
stationnement
pour un
d6veloppement
commercial
futur a 12 , rue
Westmorland
et construire
un immeuble 6
utilisation mixtes
aux 24-26, rue
Westmorland.
Toute personne int6ress6e
peat examiner le projet de
modification au bureau du
greffier communal ou au bureau
du service de la croissance et du
d6veloppement communautaire A
MOW de ville situ6 au 15, Market
Square, 5 Saint John, au Nouveau -
Brunswick., entre 8 h 30 et 16 h
30 du lundi au vendredi, sauf les
jours Mri&.
Veuillez faire part de vos
objections au projet de
modification par 6crit A I'attention
du soussign6 a I'h6tel de Ville.
Si vous avez besoin des services
en fran�ais pour une r€union
de Conseil Communal, veuillez
contacterle bureau du greffler
communal.
Jonathan Taylor,
Greffier communal
658-2862
............. . ... . ..............
1 1 IN �;% I hAbl FI CKI-I 0 il" AREA. Y I N FLOOD RISK AREA- Y / N APPROVED GRADI ING PLAN.- Y 14,
U,
III
11 D DRESS
PRESENT USE:
BUILDING
INTERIOR RENOVATION
&�Wiw CONSTRUCTION
4PLICANTli
EXTERIOR RENOVAMON
jj ACCESSORY BLDG
0 ADDITION
0 POOL
............. . ... . ..............
1 1 IN �;% I hAbl FI CKI-I 0 il" AREA. Y I N FLOOD RISK AREA- Y / N APPROVED GRADI ING PLAN.- Y 14,
U,
III
11 D DRESS
TV.........................
PROPOSED USE:
UVARIANCE
0 PLANNING LETTER
E]PACAPPLICATION
COUNCIL APP
EISUBDIVISION
C1 OTHER
In
INMASTRUCTURE
STREET EXCAVATION
CI DRIVEWAY CULVERT
DRAINAGE
WATER& SEWERAGE
OTHER
pq
INMITAGE `
HERITAGE DEVELOPMENT
HERITAGE SIGN
HERITAGE INFILL
HERITAGE DEMO
0 OTHER
I consent to the City of Saint John sending to me commercial electronic messages, from time to time, regarding City initiatives and Incentives.
rw110rd CaSurdox SAWAMN
This Wormatron & being collected In order for the Oty of Saint John to dealer an uufiW
program ljerpke,- the coUwdan is A1MW to that whkh is mowory to deliver the program /
Service. Unless rqwrcd to do so by hm the av of Saint John udil not sham your personal
dr -madon with -Y Arrarpov w"Olayour -p-f$ consent,
The IeZW awborityfor colkWag dds a4rormatian is to be found in the AhWe(pofides Act and
dw Aght to hformdon and Praw*an qf1Wvzq Act. Furfitrdw h#brmaM)n or questions
regarding dw calkctlim ofpcpsoml jqfOrfingolL phase OmAmej &a Access & Privacy Officer
Oty ffag Buildft
M F1wr -15 Market Square
Saint,h*m ArB E2L IE8 o
(506) 658-2862
241
con imposed.
IrIlli, '4 Awe—
APPlIcant Name
APPficant SIgnature
Date
PRESENT USE:
BUILDING
INTERIOR RENOVATION
&�Wiw CONSTRUCTION
EXTERIOR RENOVAMON
jj ACCESSORY BLDG
0 ADDITION
0 POOL
DECK
0 DEMOLITION
CHANGE OF USE
SIGN
MINI MUM STANDARDS
0 OTHER
TV.........................
PROPOSED USE:
UVARIANCE
0 PLANNING LETTER
E]PACAPPLICATION
COUNCIL APP
EISUBDIVISION
C1 OTHER
In
INMASTRUCTURE
STREET EXCAVATION
CI DRIVEWAY CULVERT
DRAINAGE
WATER& SEWERAGE
OTHER
pq
INMITAGE `
HERITAGE DEVELOPMENT
HERITAGE SIGN
HERITAGE INFILL
HERITAGE DEMO
0 OTHER
I consent to the City of Saint John sending to me commercial electronic messages, from time to time, regarding City initiatives and Incentives.
rw110rd CaSurdox SAWAMN
This Wormatron & being collected In order for the Oty of Saint John to dealer an uufiW
program ljerpke,- the coUwdan is A1MW to that whkh is mowory to deliver the program /
Service. Unless rqwrcd to do so by hm the av of Saint John udil not sham your personal
dr -madon with -Y Arrarpov w"Olayour -p-f$ consent,
The IeZW awborityfor colkWag dds a4rormatian is to be found in the AhWe(pofides Act and
dw Aght to hformdon and Praw*an qf1Wvzq Act. Furfitrdw h#brmaM)n or questions
regarding dw calkctlim ofpcpsoml jqfOrfingolL phase OmAmej &a Access & Privacy Officer
Oty ffag Buildft
M F1wr -15 Market Square
Saint,h*m ArB E2L IE8 o
(506) 658-2862
241
con imposed.
IrIlli, '4 Awe—
APPlIcant Name
APPficant SIgnature
Date
w
Land for Public Purposea
Release
Service Fee: $300
Section 39 Amendment
Service Fee; $2,5W
GROWTH & COMMUNITY DEVELOPMENT SERVICES
CITY OF SAINT JOHN
.. k
Non -Conforming
Service Fee: $200
!I70'rl
Satisfactory «
Service Fee: D
ZoningAmendment
a Municipal V„lan Amendment
V
Service Fee: ,;
DETAILED DESCRIPTION OF APPLICATION'
Where applicable,5 the changes oembingSechon39conditions. o ,s or Municipal Plan designation F :q
uesW
Attach site plans, budding eleve#ons, floor plant6. and other documentation to fully describe the applicabon. The submission of a
preliminary proposalanda Pre-Applicaltionprior4approval.contact
Development rr 8-2 b,. furthero
AUTHOWATION
As of the date of this appliI, thp oftd6migned, am the registered owner of the land described In this application or the
authorized agent thereof girt I ayr4 examined the contents of this application and hereby certify that the Information submitted with
the application i oorn in " s I have ]tnowle ft ofthese fads, and I hereby authorize the applicant to represent this matter and
p
to rovide an a ditidnal in a pn ttaa vnll Omt&ssary for this application.
ReglSte?8dWww_*'"orAtitNrIwint Additional Registered Owner
41
The information contained in this application and any documentation, Including plans, drawings, reports, and studies, provided in
support of thikapplication will become part of the public record.
242
CFTAIL lXSMIP7DF! OF APPILICAT,ON WEED:k
'Vhe�ddress zt,12 VlVestmewlznd Rd to k7p rezoned -to "CC" fircm "R2" as it bnrders "C'C" onLuc,`!h!'UN'"ton
Cl
Rd, property uvenc.4 sarne. "'rhe own-er,"s re4uest Is Ibe'me owner, Chris Pyine, is trf]rq; to bea%Vh,,
th-a area unA will hc te., tiro5 down 42 IL � Loirnoind for possible future e%pawslup of 40 Lc,:�, Lorinoind,
Kznes Usur er Conveniencc, anie. willi nead staff pair Onp, at `L Westmorland.
M -so, the owner, ChrisP�pne)aqfll be moving to 2U- Wlestmorland St and is builrilng a two.-ste-rFf unit that
will have z.,,n apartment upstairs which he war ill living tin and a garage forpairlk"rip
' , his cars tc!av,!s on
FirstIloor, A small granny suite is to he installied in the -front of the unit as his Motheirls.93 and Is Wil
Hvlr h:f, her own Ihorne"Jut will need more care in the future. I waint t1he unk to iDC TO for 11,q.yht
comirner6m [if tlAs unit!s converted to a sir all officip in the llruturc.,
243
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A LAW TO AMEND
THE ZONING BY-LAW
OF THE CITY OF SAINT JOHN
AKKL+ 1'E N- U.Y. 111
ARRETE MODIFIANT L'ARRETE DE
ZONAGE DE THE CITY OF SAINT
JOHN
Be it enacted by The City of Saint Lors dune r6union du Conseil
John in Common Council convened, as communal, The City of Saint John a
follows: ddcr6t6 ce qui suit :
The Zoning By-law of The City of L'arret& de zonage de The City of
Saint John enacted on the fifteenth day of Saint John, d6cr&6 le quinze (15) d6cembre
December, A.D. 2014, is amended by: 2014, est modifi6 par:
1 Amending Schedule A, the Zoning
Map of The City of Saint John, by rezoning
a parcel of land having an area of
approximately 1012 square metres, located
at 12 Westmorland Street, also identified as
PID No. 55222228 from Two -Unit
Residential (R2) to Corridor Commercial
(CC), and
2 Rezoning a parcel of land having an
area of approximately 929 square metres,
located at 24 and 26 Westmorland Street,
also identified as PID Nos. 55158067 and
55232664 from Two -Unit Residential (R2)
and Neighbourhood Community Facility
(CFN) to Local Commercial (CL).
- 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. 2017
and signed by:
1 La modification de Pannexe A,
Carte de nonage de The City of Saint John,
permettant de modifier la d6signation pour
une parcelle de terrain d'une superficie
d'environ 1012 metres carrels, situ6e au 12
rue Westmorland, et portant le NID
55222228, de zone r6sidentielle
bifamiliale (R2) a zone commercials de
corridor (CC), et
2 Modifier la designation pour une
parcelle de terrain d'une superficie
d'environ 929 m6tres carres, situ6e au 24
et 26 rue Westmorland, et portant les NID
55158067 et 55232664, de zone
r6sidentielle bifamiliale (R2) et zone
d'installations communautaires de quartier
(CFN) a zone commercials locale (CL).
- toutes les modifications sont indiqu6es sur
le plan ci joint et font partie du present
arret6.
EN FOI DE QUOI, The City of Saint John
a fait apposer son sceau communal sur le
present arret6 le 2017,
avec les signatures suivantes
Common Clerk/Greffler communal
First Reading Premi6re lecture
Second Reading Deuxi6me lecture
Third Reading - Troisi6me lecture
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 1877 square metres, located
at 65 University Avenue, also identified as
PID No. 55024210, from Neighbourhood
Community Facility (CFN) to General
Commercial (CG) pursuant to a resolution
adopted by Common Council under
Section 39 of the Community Planning
Act.
ARRETE N- U.P. 111-43
ARRETE MODIFIANT L'ARRETE DE
ZONAGE DE THE CITY OF SAINT
JOHN
Lors dune reunion du conseil
communal, The City of Saint John a
decr6t6 ce qui suit :
L'arrete de zonage de The City of
Saint John, ddcr6t6 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 1877 metres carrels, situ6e au 65,
avenue University, et portant le NID
55024210, de zone d'installations
communautaires de quartier (CFN) a zone
commerciale gdnerale (CG) conform6ment
A une resolution adoptee par le conseil
municipal en vertu de Particle 39 de la Loi
sur 1'urbanisme.
all as shown on the plan attached hereto - toutes les modifications sont indiqudes sur
and forming part of this by-law. le plan ci joint et font partie du present
arrete.
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. 2017
and signed by:
EN FOI DE QUOI, The City of Saint John
a fait apposer son sceau communal sur le
prdsent arret6 le 2017,
avec les signatures suivantes :
Common C1erk/Greffier communal
First Reading - July 10, 2017 Premiere lecture - le 10 juillet 2017
Second Reading - July 10, 2017 Deuxieme lecture - lc 10 juillet 2017
Third Reading - Troisi6me lecture -
Amending Schedule "A" of the Zoning By -Law of The City of Saint John
ModifiantAnnexe ((A)) de I'Arrete de zonage de The City of Saint John
av U"%vers�lty AN,
Neighbourhood Community
Facility CFN
Zone d'installations
communautaires de quartier
General Commercial
CG Zone commerciale
generale
Pursuant to a Resolution under Section 39 of the Community Planning Act
Conformement a une resolution adoptee par le conseil municipal en vertu
de I'article 39 de la Loi sur I'urbanisme
Applicant: Kris Price
Location: 65 University Avenue
PID(s)INIP(s): 55024210
Considered by P.A.C.Iconsidere par le C.C.U.: June 20 juin, 2017
Enacted by Council/ApproM par le Conseil:
Section 39 Conditions -65 University Avenue
That pursuant to the provisions of Section 39 of the Community Planning Act, the proposed use of the
parcel of land having an area of approximately 1877 square metres, located at 65 University Avenue,
also identified as PIR Number 55024210, be subject to the following conditions:
That a detailed site plan, prepared by the developer and subject to the approval of the
Development Officer, indicating the location of all buildings and structures, as well as the
location of all parking spaces, accesses, concrete cast -in-place curbing, and all landscaped areas,
and that this site plan be submitted with the building permit/change of use application;
b. The site improvements identified on the site plan submitted in 2(a) be completed no later than
one year after the issuance of a building permit;
c. That a restaurant not be a permitted use.
251
BY-LAW NUMBER C.P. 111-44
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 rezoning
a parcel of land having an area of
approximately 2650 square metres, located
at 45 Noel Avenue, also identified as PID
Nos. 00370593, 00370601, 00370767 and a
portion of PID No. 00050575 from Two -
Unit Residential (R2) and Future
Development (FD) to Mid -Rise Residential
(RM) pursuant to a resolution adopted by
Common Council under Section 39 of the
Community Planning Act.
.- 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. 2017
and signed by:
ARRETE N" C.P. 111-44
ARRETE MODIFIANT L'ARRETE DE
ZONAGE DE THE CITY OF SAINT
JOHN
Lors dune r6union du conseil
communal, The City of Saint John a
decret6 cc qui suit :
Uarret6 de zonage de The City of
Saint John, d6cret6le quinze (15) d6cembre
2014, est modifie par:
1 La modification de Vannexe A, Carte de
zonage de The City of Saint John,
permettant de modifier la designation pour
une parcelle de terrain d'une superficie
d'environ 2650 m6tres carres, situ6e au 45
avenue Noel, et portant les NID 00370593,
00370601, 00370767 et une partie de NID
00050575, de zone r6sidentielle bifamiliale
(R2) et zone d'amdnagement futur (FD) a
zone r6sidentielle — immeubles d'habitation
de hauteur moyenne (RM) conform6ment a
une r6solution adopt6e par le conseil
municipal en vertu de Particle 39 de la Loi
sur Purbanisme.
- toutes les modifications soot indiqu6es sur
le plan ci joint et font partie du pr6sent
arrete.
EN FOI DE QUOI, The City of Saint John
a fait apposer son sceau communal sur le
present arret6 le 2017,
avec les signatures suivantes :
Common C1erk/Greffier communal
First Reading - July 10, 2017 Premi6re lecture - le 10 juillet 2017
Second Reading - July 10, 2017 Deuxi6me lecture - le 10 juillet 2017
Third Reading Troisi6me lecture
Amending Schedule "A" of the Zoning By -Law of The City of Saint John
Modifiant Annexe «A» de I'Arrete de zonage de The City of Saint John
Future Development Mid -Rise Residential
Zone d'amenagement FD RM Zone residentielle — Immeubles
futur d'habitation de hauteur moyenne
Pursuant to a Resolution under Section 39 of the Community Planning Act
Conformement a une resolution adoptee par le conseil municipal en vertu
de Particle 39 de la Lol sur I'urbanisme
Applicant: Village View Suites
Location: 45 Noel Avenue
PID(s)INIP(s): 00370593, 00370601, 00370767, portion of/de 00050575
Considered by P.A.C./considers par le C.C.U.: June 20 juin, 2017
Enacted by Council/Approuve par le Conseil:
parcel of land with an area of approximately 2650 square metres, located at 45 Noel Avenue,
also identified as PID Numbers 00370593, 00370601, 00370767 and a portion of PID Number
00050575 shall be subject to the following conditions:
a) That any development of the site be in accordance with a detailed site plan to be
prepared by the proponent and subject to the approval of the Development Officer,
indicating the location of all buildings, structures, parking areas driveways, loading
areas, signs, exterior lighting, outdoor storage areas, amenity areas, pedestrian
circulation elements and other site features. This site plan is to be attached to the
application for the building permit for the proposed development and all site
improvements illustrated on the plan must be completed within one year of completion
of the building;
b) That any development of the site shall be in accordance with a detailed landscaping
plan, to be prepared by the proponent and subject to the approval of the Development
Officer. This landscaping plan is to be attached to the application for the building permit
for the proposed development and all landscaping illustrated on the plan must be
completed within one year of completion of the building;
c) That the proposed building be constructed in accordance with detailed elevation plans
prepared by the developer and approved by the Development Officer. These building
elevation plans must be attached to the application for the building permit for the
proposed development and all work illustrated on the plans must be completed within
one year of completion of the building;
d) An engineering water and sewer analysis must be completed by the applicant's
engineering consultant and submitted to the City for review and approval in order to
determine the impact this development (capacity requirements, peak flows, fire flows,
etc.) will have on the existing water and sewer infrastructure and also to ensure that
this proposal does not exceed the current capacity of the existing systems. If any
upgrades to existing infrastructure are necessary, this will be the responsibility of the
developer;
e) The applicant's engineering consultant must submit a detailed storm water drainage
plan and design report indicating how storm water collection and disposal will be
handled to the City for review and approval. If any infrastructure improvements are
required to service this proposal, it will be the applicant's responsibility and cost to
complete. No stormwater is to be directed to adjacent lands;
f) That servicing for electrical and telephone utilities be provided underground from
existing facilities;
g) That the proposed building be limited to 46 dwelling units.
h) That notwithstanding Subparagraph 10.3(3)(1) of the City of Saint John Zoning By -Law,
the height of the building is permitted to be a maximum of 16.6 metres.
A BY-LAW TO AMEND
A BY-LAW RESPECTING THE
STOPPING UP AND CLOSING OF
HIGHWAYS IN THE CITY OF SAINT
JOHN
ARKET.L 1V - M-23
ARRETE MODIFIANT
L'ARRETE SUR L'INTERRUPTION
DE LA CIRCULATION ET LA
FERMETURE DES ROUTES DANS
THE CITY OF SAINT JOHN
Be it enacted by the Common Lors d'une reunion du Conseil
Council of The City of Saint John as communal, The City of Saint John a
follows:
1 A by-law of`'The City of Saint John
entitled, "A By-law Respecting The
Stopping Up and Closing of Highways in
The City of Saint John", enacted on the
nineteenth day of December, A.D. 2005, is
hereby amended by adding thereto Section
246 immediately after Section 245 thereof,
as follows:
246 The City of Saint John does hereby
stop up and close permanently the
following highway:
TILLEY AVENUE: All that portion of
Tilley Avenue, a public street in the City of
Saint John, in the County of Saint John and
Province of New Brunswick, comprising
197 square metres as shown on a Plan of
Survey titled, "Pian of Survey Showing
portion of Tilley Avenue, City of Saint
John, Saint John County, New Brunswick,"
prepared by Hughes Surveys & Consultants
Inc. and dated June 15, 2017 attached
hereto.
IN WTI°NESS 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.
2017 and signed by -
decretd cc qui suit:
1 Par les presentes, Parr&& de The
City of Saint John intitule, «L'arrete sur
Finterruption de la circulation et la
fermeture des routes dans The City of Saint
John)>, decretd le 19 decembre 2005, est
modifie par Pajout de Particle 246
immediatement apres Particle 245, comme
suit :
246 Par les prdsentes, The City of Saint
John Barre et ferme de fa(;on permanente la
route suivante :
AVENUE TILLEY : Tout le troncon de
Favenue Tilley, une rue publique dans la
ville de Saint John, comte de Saint John,
dans la province du Nouveau -Brunswick,
d'une superficie de 197 m2 comme le
montre le plan d'arpentage intitule « Plan
of Survey Showing portion of Tilley
Avenue, City of Saint John, Saint John
County, New Brunswick )> (plan
d'arpentage indiquant une partie de
!'avenue Tilley, City of Saint John, comtd
de Saint John, Nouveau -Brunswick),
prepare par Hughes Surveys & Consultants
Inc. et datd du 15 juin 2017, ci joint.
EN FOI DE QUOI, The City of Saint John
a fait apposer son sceau communal sur le
present arretd le **** ***** 2017,
avec les signatures suivantes :
First Reading - July 10, 2017 Premiere lecture - le 10 juillet 2017
Second Reading - July 10, 2017 Deuxi6me lecture - le 10 juillet 2017
Third Reading - Troisieme lecture -
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8
Received Date July 25, 2017
Meeting Date August 08, 2017
Open or Closed Open Session
Members of Common Council
Councillors:
Subject: A show of support for the Saint John Airport's federal funding application
Background:
The Saint John Airport is a vital piece of our region's strategic infrastructure, linking our city to
global markets and enabling economic development and job creation.
Not only do its operations sustain more than 570 direct and indirect jobs and inject more than
$68 million into our local economy annually, it serves more than 250,000 business and leisure
travelers every year.
As you may be aware, the burden of maintaining and upgrading our airport's infrastructure
became the sole responsibility of the Saint John Airport Authority in 1999, when changes were
made to federal legislation. Since that time, it has invested more than $23 million on capital
projects.
As one of six National Airport System (NAS) airports across the country that's located on federal
land but serves less than 625,000 passengers per year, the Saint John Airport has long been
ineligible for federal funding programs and is instead dependent on the exact same user -pay
system as larger airports like Toronto's Pearson International and Montreal's Pierre Elliott
Trudeau Airport, but with much lower traffic volumes.
We've been caught in a loop: our airport is not quite big enough to self -sustain, yet it hasn't had
access funding to address immediate needs. Until recently, with the Government of Canada's
announcement of a new Trade and Transportation Corridors Initiative designed to strengthen
Canada's trade infrastructure, including airports like ours.
With much-needed funding from the Government of Canada, the Saint John Airport will be able
to move forward with top -priority safety-related infrastructure modernization projects, such as:
• Runway surface rehabilitation, airfield lighting upgrades and runway -end safety
areas on three runways
• Navigation improvements for fog and low -visibility conditions
P49YA
• 1,000 -ft. runway extension to meet the landing and departure requirements of
aircrafts currently being received at the airport
Motion:
That Council endorse and support the efforts of the Saint John Airport in their application for
federal funding to upgrade and modernize its infrastructure, and continue to contribute to our
region's economic growth.
Respectfully Submitted
Mayor Darling
City of Saint John
P491:3
Received Date
July 26, 2017
Meeting Date
August 08, 2017
Open or Closed
Open Session
His Worship Don Darling and
Members of Common Council
Your Worship and Councillors:
Subject: Tucker Park Improvements
Background:
With the establishment of the Tucker Park Recreation Association, we now have a citizens group that is
working for the improvement and use of Tucker Park. This is an organized group, headed by long standing
Saint John Citizens.
Also, given that the city is responsible to oversee the Tucker Park Trust (currently valued at approximately
$250 000), there is income from this trust that can be used to improve this city park.
I have spoken with Doug Orford, chair of the group regarding this potential idea and he is in favour, so now I
present to council:
Motion:
City staff be directed to work with the Tucker Park Recreation Association to establish a plan whereby the
Tucker Park Trust is invested into improvements of the area. Further, that this be a continuing partnership
(as we have with many neighbourhood groups in the city) for future partnered oversight of Tucker Park.
Respectfully Submitted,
(Received via email)
Gary Sullivan
Councillor at Large
City of Saint John
SAINT JOHN P.O. Box 1971 Saint Jahn, NB Canada E2L 4L1 I www.saintjohn.ca I C.P 1971 Saint John, N. -B. Canada E2L 4L1
---- — I
K&I
Received Date
July 24, 2017
Meeting Date
August 08, 2017
Open or Closed
Open Session
His Worship Don Darling and
Members of Common Council
Your Worship and Councillors:
Subject: Proposed Policy for Street Cuts and Construction Traffic Disruption
Background:
Motion:
We recommend that Council adopt a policy so that all future contracts with the city involving any
cuts in the street resulting in a sharp edge in the asphalt must be feathered out with temporary asphalt
after 48 hrs of such cuts.
We further recommend that if lanes are closed and no work is being been done that the closed lanes
are opened up to traffic immediately
Respectfully Submitted,
(Received via email)
Blake Armstrong
Councillor, Ward 1
City of Saint John
Gerry Lowe
Councillor, Ward 3
City of Saint John
(P4 -
SAINT JOHN
---- — I
P.O. Box 1971 Saint Jahn, NB Canada E2L 4L1 I www.saintjohn.ca I C.R 1971 Saint John, N. -B. Canada E2L 4L1
K091
Cr
Received Date
August 01, 2017
Meeting Date
August 08, 2017
Open or Closed
Open Session
His Worship Don Darling and
Members of Common Council
Your Worship and Councillors:
Subject: Contact #'s for Senior Staff
Background:
Most of our Senior Managers and Staff operate by Cell Phones which are owned by the City. Sometimes it is
important to make contact with a particular staff person. If J have not memorized the cell phone number or
have it written down it seems impossible to locate it.
A list of Cell Phone numbers for Senior Staff in all departments should be made available for Council with the
understanding that they are to be used only when necessary to do city business.
Respectfully Submitted,
(Received via email)
Shirley McAlary
Councillor at Large
City of Saint John
e., ------ - -------- - - ----
SAINT TOHN P.O. Box 1971 Saint John, NB Canada E21-41-1 � www.saintjohn.ca I CA 1971 Saint John, N. -B. Canada E21 -4L1
261
Received Date August 01, 2017
Meeting Date August 08, 2017
Open or Closed Open. Session
His Worship Don Darling and
Members of Common Council
Your Worship and Councillors:
Subject: Freedom of the City Ceremony
Background:
At a meeting of Common Council on February 6, 2017 the following motion was passed unanimously by
Council:
RESOLVED that Council grant Freedom of the City to the following Greater Saint John area cadet units:
0 161 CK Beveridge Air Cadets
0 9 Rodney Sea Cadets
0 527 Simonds Air Cadets
a 268 Bras D'Or Sea Cadets
0 1691 Saint John Army Cadets
0 1777 Saint John West Army Cadets
0 3034 Blue Mountain Army Cadets
0 140 Kingston Army Cadets
0 311 Halifax Sea Cadets
Motion,:
To provide an update to Common Council on the Freedom of the City Ceremony to be held on September
16th 2017.
Respectfully Submitted',
(Received via email)
Shirley McAlary
Councillor at Large
City of Saint John
,SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 40 � www.saintjohn.ca I C.P. 1971 Saint John, N, -B, Canada E2L 40
262
COUNCIL REPORT
M&C No.
2017-203
Report Date
July 28, 2017
Meeting Date
August 08, 2017
Service Area
Growth and Community
Development Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: Demolition of vacant, dilapidated and dangerous building at 374
Sandy Point Road (PID#48702)
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner/Dept. HeadCity
Manager
Rachel Van Wart
A Poffenroth /J Hamilton
Jeff Trail
RECOMMENDATION
Your City Manager recommends that Common Council direct one or more of the
Officers appointed and designated by Council for the enforcement of the Saint
John Unsightly Premises and Dangerous Buildings and Structures By-law, to
arrange for the demolition of the building at 374 Sandy Point Road (PID#48702),
in accordance with the applicable City purchasing policies.
EXECUTIVE SUMMARY
The purpose of this report is to advise Council that a Notice to Comply was
issued under Section 190 of the Municipalities Act for the building at 374 Sandy
Point Road. The hazardous conditions outlined in the Notice have not been
remedied by the owner within the required time frame and staff is looking for
authorization from Council to arrange the demolition of the building.
PREVIOUS RESOLUTION
N/A
STRATEGIC ALIGNMENT
Enforcement of the Saint John Unsightly Premises and Dangerous Buildings and
Structures By-law aligns with Council's Vibrant, Safe City priority.
Q-91
-2 -
REPORT
Inspections of the property at 374 Sandy Point Rd, PID# 048702, have revealed
the only building on the premise is vacant, dilapidated and structurally unsound.
The building is a two-storey, wood -framed house. Staff first became aware of the
property's vacancy in January 2017 and began standard enforcement
procedures. The building sustained a fire on May 11, 2017 and The City of Saint
John issued an Emergency Notice to Comply to board up the building on the
same day. The property is located in the City's North End in a mixed mid -rise
residential zone. The building is a hazard to the safety of the public by reason of
being vacant, by reason of dilapidation and by reason of unsoundness of
structural strength.
For the reasons described in the attached Inspection Report, a Notice to Comply
was issued on May 25, 2017 and was posted to the front entrance of the building
on May 26, 2017. The owner was served with the Notice on May 30, 2017. The
Certificate of Registered Ownership for the building lists one individual as the
registered owner. The Notice provided the owner with 60 days to remedy the
conditions at the property. During this time no appeal was formally requested.
A compliance inspection was conducted on July 28, 2017 which revealed that the
conditions which gave rise to the Notice have not changed since the Notice was
issued.
Attached for Council's reference is the Notice to Comply that was issued and the
affidavit attesting to the building's posting. Also included are photographs of the
building. The Municipalities Act indicates that where a Notice to Comply has
been issued arising from a condition where a building has become a hazard to
the safety of the public by reason of dilapidation, unsoundness of structural
strength, or being vacant or unoccupied, the municipality may cause the building
to be demolished. As required in the Act a report from an engineer is attached,
forming part of the issued Notice to Comply, and provides the evidence to the
building's vacancy, dilapidation, unsoundness of structural strength and resulting
hazard to the safety of the public. A copy of the letter advising of the Common
Council Hearing date and affidavit is attached; it was posted to the front of the
building on July 4, 2017 and served on the owner on July 5, 2017.
SERVICE AND FINANCIAL OUTCOMES
As is written in the Municipalities Act that a municipality must commence in the
proceedings of remedial action, approval of Common Council is required prior to
starting demolition activities at this property. Cost of the demolition work is
approximated at $15,000 to $20,000 and will take about 4-6 weeks before it is
complete. Staff will seek competitive bidding in accordance with the City's
purchasing policy and the cost of the work will be billed to the property owners.
W -E,
-3 -
If the bill is left unpaid, it will be submitted to the Province with a request for
reimbursement.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
The City Solicitor's Office provided ownership verification by obtaining the
Certificate of Registered Ownership for the property. Additionally, the City
Solicitor's Office registered the Notice to Comply with Service New Brunswick's
Land Registry.
ATTACHMENTS
Notice to Comply and Inspection Report
Affidavit of Service - Notice to Comply
Affidavit of Service - Notice of Common Council Hearing Letter
Photos
NOW
FORM I
NOTICE TO COMPLY
(Municipalities Act, R.S.N.B. 1973,
c.M-22, s.190.01(3))
Parcel Identifier: 48702
11
AVIS DE CONFORMIA
( ,Loi sur les munici_rralitjs,. L.R.N.-B. de 1971
ch. M-22, par. 190.01(3))
Num6ro d'iden tiri cation de la parcelle : 48702
Address: 374 Sandy Point Road, Saint John, New Adresse: 374, rue Sandy Point, Saint John, Nouveau-
Brinswick Brunswick
Owner(s) or Occupier(s):
Name: Vere, Susan Elizabeth
Propri6taire(s) on occupant(s) :
Nom : Vere, Susan Elizabeth
Address: 374 Sandy Point Road, Saint John, New Adresse: 374 Sandy Point Road, Saint John,
Brunswick, E2K 3R9 Nouveau -Brunswick, E2K 3R9
Municipality issuing notice: City of Saint John
By-law contravened: Saint John Unsightly Premises
and Dangerous Buildings and Structures By -Law, By-
law Number M-30 and amendments thereto (the "By-
law").
Provision(s) contravened: Paragraphs 190.01(1),
190.01 (L 1) and 190.01(2) of the Municipalities Act, and
amendments thereto.
Description of condition(s): The premise is unsightly
by permitting junk, rubbish, refuse and a dilapidated
building to remain on the premise. The building has
become a hazard to the safety of the public by reason of
being vacant or unoccupied and has become a hazard to
the safety of the public by reason of dilapidation and by
reason of unsoundness of structural strength. The
conditions of the building and premise are described in
Schedule "A", a true copy of the inspection report dated
May 25, 2017 prepared by Rachel Van Wart, EIT, By-
law Enforcement. Officer, reviewed and concurred in by
Amy Poffenroth, P. Eng., By-law Enforcement Officer.
Remedy or remedies required: The owner is to
remedy the conditions by complying with the required
remedial actions of the aforementioned inspection report
and bring the building and premises into compliance
with the aforesaid By-law.
In the event that the owner does not remedy the
condition of the building and premises in the time
prescribed by this Notice to Comply, the building may
be demolished as the corrective action to address the
hazard to the safety of the public and the premises may
be cleaned up.
In the event of demolition, all debris and items on the
premises will be disposed of as the corrective action to
nddreqq the h.q7nrr] to the cnf,-ty nftbo
Municipalitk signiflant 1'avis : City of Saint John
ArrEO enfreint : Arr&e relatif'aux lieux inesth&iques
et aux bdtiments et constructions dangereux de Saint
John, Arr&6 num6ro M-30, ainsi que ses
modifications cl-aff6rentes (1' << Arr&6 >>).
Disposition(s) enfreinte(s) : Les paragraphes
190,01(1), 190.01(1.1) et paragraphe 190.01(2) de ]a
Loi stir les municipalites, ainsi que les modifications
aff6rcntcs.
Description de la (des) condition(s) : Les lieux cont
inesth6tiques en permettant la pr6sence de ferraille,
de d6tritus et le bdtiment d6labr6. Le batiment
est devenu dangereuse pour la s6curit6 du public du
fait de son inhabitation on de son inoccupation et est
devenu dangereuse pour la s6curit6 du public du fait
de son d6labrement et du fait de manque de solidit&.
Les conditions du bdtiment et des lieux sont d6crites A
]'annexe << A >>, une copie conforme du rapport
d'inspection en date du 25 mai 2017 et pr6pai6 par
Rachel Van Wart, IS, une agcnte charg6 de
1'ex6cution des arr&6s municipaux, revise et en
d'accorde avec par Amy Poffenroth, ing., une agente
charg6 de 1'ex6cution des arr6t6s municipaux.
Mesure(s) 4 prendre : La propri6taire doit restaurer
les conditions en se confortriant aux recommandations
du rapport d'inspection susmentionn& et d'amener le
bdtiment et les lieux en conformit6s avec IArr&6.
Dans 1'6ventualit6 que la propri6taire ne rem6dient pas
le bdtirnent et les lieux dans le temps prescrit par le
pr6sent avis de conformit&, le bdtiment pourront etre
d6molis cornme mesure corrective compte temi qu'll
repr6sente un danger pour la s6curit6 du public et les
lieux pourront etre nettoy6s.
Dans 1'6ventualit6 de d6molition, tons les d6bris et
autres items sur les lieux scront dispos6s comme
items on the premises do not include the carry -out clean-
up, site rehabilitation, restoration of land, premises or
personal property or other remedial action in order to
control or reduce, eliminate the release, alter the manner
of release or the release of any contaminant into or upon
the environment or any part of the environment.
Date by which the remedy or remedies must occur:
a) The demolition of the building, clean-up of the
property and related remedies must be complete,
or plans and permit applications for repair
related remedies, must be submitted: within 60
days of being served with the Notice to Comply.
b) The repair related remedies must be complete
within 120 days of being served with the Notice
to Comply.
®ate by which notice may be appealed: Within 14
days of being served with the Notice to Comply.
Process to appeal: The owner may within 14 days after
having been served with this Notice to Comply, send a
Notice of Appeal by registered mail to the Common
Clerk of The City of Saint John, City ITall — 8"' Floor, 15
Market Square, Saint John, New Brunswick, E2L 4L1.
Potential penalty for non-compliance within
specified tiane:z Paragraph 190.03(1) of the
Municipalities Act states that a person who fails to
comply with the terms of the Notice to Comply given
under Section 190.011 of the said Act, commits an
offence that is punishable under fart 11 of the Provincial
Offences Procedure Act as a category F offence.
Where an offence under paragraph 190.03(1) continues
for more than one day, the minimum fine that may be
imposed is the minimum fine set by the Provincial
Of Procedure Act for a category F offence
multiplied by the number of days during which the
offence continues pursuant to subparagraph
190.03(1.2)(b)(i).
Municipality's authority to undertake repairs or
remedy:.i Subparagraphs 190.04(1)(a), 190.04(1)(a.1)
and 190.04(1)(b) of the Municipalities Act states that if
a Notice to Comply has been given under section
190.01.1 of the said Act and that an owner or occupier
does not comply with the Notice to Comply, as deemed
confirmed or as confirmed or modified by a committee
of council or a judge under section 190.021 of the said
Act, within the time set out in the Notice to Comply, the
municipality may, cause the premises of that owner or
et autres items sur les lieux ne comprennent pas le
nettoyage, la remise en etat des lieux, des terrains on
des biens personnels ou toute autre mesure corrective
dans le but de controler on de reduire, d'eliminer lc
deversement, de modifier le mode de deversement ou
le deversement d'un polluant dans on sur
1'environnement on toute partie de 1'environnement.
Date A laquelle la on les mesures doivent etre
risesi :
a) La demolition du batiment: ct le nettoyage des
lieux doivent etre completees, ou a laquelle
les plans et demande de permis pour les
mesures des reparations, doivent etre
soumises, dans les 60 jours qui suivent la
signification de Pa.vis de conformite.
b) Les reparations relives aux mesures doivent
Etre compl6tees dans les 120 jours qui suivent
la signification de ]'avis de conformite.
Date i laquelle un appel de ]'avis peut etre depose:
Tuns les 14 jours qui suivent la notification de l'avis
de conformite.
Processus d'a pel : La proprietaire peux dans les 14
jours qui suivent la notification de l'a.vis de
conformite, envoye un avis d'appel par courrier
recommande a la greffierc communaie de la
munieipalite, a The City of Saint John, Edifice de
Ph6tel de ville, 8' etage, 15 Market Square, Saint
John, Nouveau -Brunswick, E2L 4LL
Penalite possible pour non -conform ite dans le delai
prescritz : Le paragraphe 190.03(1) de la Loi sur les
municipalites prevoit quiconque omet de se conformer
aux exigences formulees dans un avis de conformite
notif"ie aux terries de ]'article 190.01.1 do ladite loi,
commet une infraction qui est punissable en vertu de
la Partie IT de la Loi sur la procedure applicable aux
infractions provinciales a titre d'infraction de la classe
F.
Lorsqu'une infraction prevue an paragraphe 190.03(1)
se poursuit pendant plus d'une journee, Pamende
minimale qui pent etre imposee est l'amende
minimale prevue par la Loi sur la procedure
applicable aux infi^actions provinciales pour une
infraction de la classe F multipliec par 1e nombre de
jours pendant lesquels ]'infraction se poursuit
confonnement a 1'alinea 190.03(].2)(b)(i).
Pouvoir de la municipalite d'entreprendre les
reparations on de prendre les mesures3 :
Conformement aux alineas 190.04(l)(a),
190.04(1)(a.1) et 190.04(1)(b) de la Loi stir les
municipalWs, si un avis de conformite a ete signifie
aux teretes de ]'article 190.011 de ladite loi et, que lc
proprietaire on ]'occupant ne se confornie pas a cet
avis de confonnite dans le delai imparti et tel qu'il est
repute confirme on tel qu'il est confrme on modife
par un comite du conseil on par un juge en vertu de
municipality.
Dated at Saint John the 2� day of May, 2017
Municipality: 'The City of Saint John
Signature of Municipal Officer:
toute redevance on tout droit afferent, sont a la charge
du proprietaire ou de ]'occupant et deviennent une
cr6ance de la municipalite.
Fait a Saint John le _ mai, 2017.
Municipalit6 : The City of Saint John
Signature de la representante municipale:
Municipal Officer's Contact information
Name: Rachel Van Wart, EIT
Mailing address:
Growth and Community Development Services
The City of Saint John.
15 Market Square
City Hall Building, 10"' Floor
P. 0. Box 1971
Saint John, New Brunswick
E2L 4L1
Telephone: (506) 658-2911
Telecopier: (506) 632-6199
Email: racGte1,v dat w� t���4� .. ohn ca
-111111
Seal of municipality
Notes:
1. All appropriate permits must be obtained and all relevant
legislation must be complied with in the course of carrying out the
required remedial action.
2. Payment of the fine does not alleviate the obligation to comply
with the by-law, standard or notice to comply.
3. Costs become a debt due to the municipality and may be added to
the joint municipal and provincial Real Property Assessment and Tax
Notice.
Coordonnees de la representante unicipale :
Nom : Rachel Van Wart, IS
Adresse postale:
Service de la Croissance et du 136veloppement
Communautaire
The City of Saint John
15 Market Square
Edifice de 1'h6tel de ville, l0e etage
Case postale 1971
Saint John (Nouveau -Brunswick)
E2L 4L1
T616phone : (506) 658-2911
T616copieur : (506) 632-6199
Courriel: racltel van..w._arj� saint of-inca
. ,
Sceau de la municipalite
Notes:
1. Tons ]es permis presents doivent etre obtenus et toute ]a
legislation pertinente doit Etre respectee, pendant I'exdcution de la
mesure de recours.
2. Le paiement de I'amende n'annule pas ]'obligation de respecter
1'arrete, ]a norme ou l'avis de conformite.
3. Les couts deviennent une dette envers la municipalite et peuvent
etre ajoutes a 1'a.vis d'evaluation et d'impnt foncier municipal et
provincial.
---1 —
374 Sandy Point Road
PID# 048702
Inspection Date: May 11, 2017
Inspection Conducted by: Rachel Van Wart, Ell
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Inspections of the property at 374 Sandy Point Rd, PID# 048702, have revealed the only
building on the premise (the "Building") is vacant, dilapidated and structurally unsound.
The Building is a two-storey, wood -framed house. Staff first became aware of the
property's vacancy in January 2017 and began standard enforcement procedures. The
property is located in the City's North End in a mixed mid -rise residential zone. The
Building is a hazard to the safety of the public by reason of being vacant, by reason of
dilapidation and by reason of unsoundness of structural strength.
The Building is not in compliance with the Saint John Unsightly Premises and
Dangerous Buildings and Structures By-law, By-law Number M-30, and amendments
thereto (the "By-law").
moM.'ralawnuff I 11W �V
I I F
Subsection 190.01(1) of the Municipalities Act states:
Ao person shall permit premises owned or occupied by him or her to b�?,
unsightly by permitting to remain on any part of such premises
(a) any ashes, junk, rubbish or refuse;
(b) an accumulation of wood shavings, paper, sawdust or other residue of
production or construction;
(c) a derelict vehicle, equipment, machinery or the body of any part of a
vehicle equipment or machinery, or
(d) a dilapidated building.
I . There is an accumulation of junk, rubbish, and refuse on the property. These
items include, but are not limited to; discarded household furniture, tires, a
mattress, discarded wood pieces, broken glass, a door, a tarp covering unknown
items, wheelbarrow, pieces of plywood, plastic jugs, old carpet and other various
loose and bagged garbage. The aforementioned accumulation of junk, rubbish,
and refuse is unsightly.
2. The Building is dilapidated. The Building's exterior cladding consists of vinyl
siding. The eaves trough above the entrance on the left side of the Building is
hanging, black and fire damaged. Both main floor doors and nine main floor
windows have been boarded by City Staff after the May 10, 2017 fire; all the
windows on the second floor are broken and open. Fire damage can be seen
above both entrances to the Building. For these reasons the Building is unsightly.
Subsection 190.01 (L 1) of the Municipalities Act states:
The Building is a hazard to the safety of the public by reason of being vacant or
unoccupied for the following reasons:
to the date of the May 10, 2017 fire, when City staff boarded the Buildin
the Building was found to be open during routine inspections. The Building
considered to be abandoned as the property owner has filed for bankrupte
and has advised that she is no longer in care and control of the Buildin
Buildings that are in a dilapidated condition and left unsecured from publi
entry can attract vandalism, arson, or criminal activity; which this buildin
has. The Building has a significant and accelerated history of damage a
trespassing. On January 6, 2017, during a routine inspection, the Ci
inspector found water to be rushing from the second floor. The wat
department was contacted and the water shut off. The following Saint Jo
Police Force incident reports detail the trespassing history:
• March 18, 2017 Reports of an open door
• March 30, 2017 Reports of open door and poor interior condition
the Building
• April 1, 2017 Reports of trespassers staying there in the evening
• April 6, 2017 Report of trespassers in house
• April 17, 2017 Report of door open
• May 10, 2017 Fire at property
After the property sustained a fire, City staff issued an Emergency Notice to
Comply on May 11, 2017 to remove the immediate hazards. The Building was
then boarded and secured as both the front and side door were open, in
addition to broken windows on the main floor. Both the doors and main floor
windows provided unrestricted access to the entire Building. Since the
Building has been subject to trespassing and what the Saint John Fire
Department deemed 'suspicious' activity, there is concern for further
trespassing, vandalism, arson, and other illegal activities at this property,
2. There is a concern for emergency personnel safety in the event of another fire.
If firefighters suspect there may be people inside the Building, it would be
reasonable to expect they may be required to enter it. The May 11, 2017
interior inspection found numerous amounts of fire damaged debris and junk
items strewn throughout the inside of the Building including, but not limited
to, fallen gyproc, a significant amount of large discarded household furniture
and other loose garbage materials. These items would restrict movement of
emergency personnel should they need to gain entry.
Subsection 190.01(2) of the Municipalities Act states
No person shall pen -nit a building or structure owned or occupied by him
or her to become a hazard to the safety of the public by reason of
dilapidation or unsoundness of structural strength.
The Building is a hazard to the safety of the public by reason of dilapidation for the
following reasons:
Exterior conditions:
1. As the Building sustained a fire on May 10, 2017, the Building conditions
were such that all windows were open, with exposed broken 1+ -
in addition
to fallen broken glass on the gLQund —Ify - �- �--M t to
ASL , XP
cause a tripping hazard to both trespassers and emergency personnel.
Interior Conditions:
2. Based on previous inspection photographs of the interior of the Building, t
fire damage has accelerated the deterioration of interior conditions. In additi
to an existing dilapidated interior, there is now a layer of smoke and fi -
damage. Interior conditions include: exposed black charred stud walls, gypr
that has fallen ftom the ceiling, large holes in the walls and ceiling, peeli
paint, exposed vapour barrier and exposed insulation. There is also
significant accumulation of large household furniture and debris with ma
items damaged by the fire. In addition to smoke and fire damage, the wat
used to extinguish the fire will only add to the further deterioration of t
Building through mould growth. These conditions will pose a respirato
hazard for those who may enter the House unprotected. In addition, bla
mould growth will be difficult to differentiate from fire damage with t
blackened fire damaged conditions in the Building.
Subsection 190.01(2) of the Municipalities Act states
-flo person shall permit a building or structure owned or occupied by him
or her to become a hazard to the safety of the public by reason of
dilapidation or unsoundness of structural strength.
The Building is a hazard to the safety of the public by reason unsoundness of structural
strength for the following reasons:
1. While conducting the interior inspection on May 11, 2017, it was noted that
the floors on the second storey were soft under load. The deflection in the
floor system could be linked to firefighting efforts and the deteriorated
condition of the Building.
2. A small portion of the floor and door tread near the left side entrance of the
Building is missing, rotted and could cause a tripping hazard to those entering
the Building.
The owner must comply with one of the two options stated below:
Option 1: Remedy the conditions of the Building through all repair and remedial actions
as follows:
1 . The Building must be must be completely repaired to remedy the above
mentioned hazards to public safety while meeting the requirements of the
National Building Code of'Canada (2010) as well as all other applicable by-laws.
2. The Building must be maintained, kept secure, and monitored on a routine basis
while the property remains vacant or unoccupied.
C A detailed plan must be submitted to the Growth and Community Development
Services Department of the City of Saint John (the "Department") for review and
approval. The plan should also include a schedule for the work that is to be
carried out. The repaired Building must meet the National Building Code of
Canada (2010) as well as other applicable codes.
- - -- - --j ---- --- u 116iQll liJ VvUlr, Filul LU
commencing said work from the City of Saint John in order to comply with the
Saint John Building By-law, By-law Number C.P. 102 and amendments thereto
(the "Saint John Building By-law").
6. The premise must be cleared of all debris found on the property, including any
and all rubbish that may be considered hazardous or unsightly. The debris from
the premise must be disposed of at an approved solid waste disposal site, in
accordance with all applicable by-laws, acts and regulations. Documented proof,
that clearly demonstrates an approved solid waste disposal site was used for th-
• ••
disposal of debris, must be provided to the Department. The premise must comply
with all applicable By-laws, Acts, Codes and Regulations.
Option 2: Demolition of the Building and cleanup of all debris on the premise by
complying with all the remedial actions as follows:
1. The Building must be demolished to remove the hazard to the safety of the public
by reason of dilapidation and by reason of being vacant or unoccupied,
2. A demolition permit must be obtained from the City of Saint John in order t*
comply with the Saint John Building By-law.
V The premise must be cleared of the debris from the demolition and the lot must be
made reasonably level with grade so as to not create a tripping or falling hazard.
All debris must be disposed of at an approved solid waste disposal site, and in
accordance with all applicable By-laws, Acts and Regulations. Documented
proof, that clearly demonstrates an approved solid waste disposal site was used for
the disposal of debris, must be provided to the Department.
4. All debris that is currently on the premise must be removed and disposed of at an
approved solid waste disposal site, and in accordance with all applicable By-laws,
Acts and Regulations. Documented proof, that clearly demonstrates an approved
solid waste disposal site was used for the disposal of debris, must be provided to
the Department.
S. The property must be in compliance with all applicable By-laws, Acts and
Regulations.
Z
Rachel Van Wart, EIT
Technical Services Officer
Growth and Community Development Services
Amy Poffe t , P. Eng., MBA
Building Inspector
Deputy Commissioner
Date,
fy)%L Z
�bate
I
CANADA
PROVINCE OF NEW BRUNSWICK
COUNTY OF SAINT JOHN
CITY OF SAINT JOHN
AFFIDAVIT OF SERVICE
1, of the Community of Nerepis in the
County of Kings and Province of New Brunswick MAKE OATH AND SAY AS
FOLLOWS:
'M 2017, 1 served
I On the day of
0�2 c-- � twith the following documents:
• a Notice to Comply, attached hereto as Exhibit "A";
• and a Notice of Appeal, attached hereto as hibit "B";
by leaving a copy with him /6e't )
p A New Brun wick.
2. 1 was able to identify the person served by means of the fact that he /csi�'
acknowledged to me he /(she)was
21
, �-
Sworn To before me at the
City of Saint John, N.B.,
on the 1?d day of
i..ti , , 2017
PAMELA M H BENTLEY
COMMISSIONER OF OATHS
MY COMMISSION EXPIRES
DECEMBER 319', 2010
P1091
FA rGIN 111110 ff IN US 9 12 Iffil W
CITY OF SAINT' JOHN
1,cYx6f the
in the County of�and Province of
New Brunswick MAKE OATH AND SAY AS FOLLOWS:
1. On the . . . .... ... . day of
2017,1 served
with the following documents:
a Notice of Common Council Hearing, attached hereto as Exhibit "A";
by leaving a copy with him�'her/at S
—17
Xl New Brunswick.
2. 1 was able to identify the person served by means of the fact that he k6e
acknowledged to me he was
Sworn To before me at the
City of'Saint,.ohn, N.B.,
on the day of
2017
CHRISTOPHER D MCKIEL
COMMISSIONER OF OATHS
M� OCA MMISSIONEXPIRES
DECEMBER 31ST, 2019
pIrAE, I
E2K 3R9
Dear Madam:
NOTICE OF COMMON COUNCIL HEARING
RL 374 Sandy Point Road, PID # 48702
Dangerous and Vacant Building Proga,11,
Oil May 25., 2017, a Notice to Comply was issued for tile above 111011tiffl-led property which required
remedial action to brin'g, the building and premises into compliance with tjle,(7q 7 It I oh
n, Unsightly Piemises
cincl Dcingerous Buildings and,S'truclzlres BY -IM". The Notice to Comply was served to you oil May 30,
2017.
'file fourteen (14) day appeal period has now expired. Therefore, a, compliance inspection will be conducted
oil July 31, 2017. If the property is not ill compliance with the aforesaid By-law at the time of the
inspection, City Staff will be attending the Common Council meeting scheduled on August 8, 2017 at 6:00
P.m. to recommend that the building be demolished. Please be advised that at this meeting, you will have
the OPPOrt"llitY to present evidence to the contrary.
If you have any questions, please do not hesitate to contact me at (506) 658-2911
Regards,
Rachel Van Wart, EIT
Technical Set -vices office,-
I
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COUNCIL REPORT
M&C No.
2017-204
Report Date
July 28, 2017
Meeting Date
August 08, 2017
Service Area
Growth and Community
Development Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: Demolition of vacant, dilapidated and dangerous building at 26
Cedar Street (PID#377465)
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner/Dept. HeadCity
Manager
Rachel Van Wart
A Poffenroth /J Hamilton
Jeff Trail
RECOMMENDATION
Your City Manager recommends that Common Council direct one or more of the
Officers appointed and designated by Council for the enforcement of the Saint
John Unsightly Premises and Dangerous Buildings and Structures By-law, to
arrange for the demolition of the building at 26 Cedar Street (PID#377465), in
accordance with the applicable City purchasing policies.
EXECUTIVE SUMMARY
The purpose of this report is to advise Council that a Notice to Comply was
issued under Section 190 of the Municipalities Act for the building at 26 Cedar
Street. The hazardous conditions outlined in the Notice have not been remedied
by the owner within the required time frame and staff is looking for
authorization from Council to arrange the demolition of the building.
PREVIOUS RESOLUTION
N/A
STRATEGIC ALIGNMENT
Enforcement of the Saint John Unsightly Premises and Dangerous Buildings and
Structures By-law aligns with Council's Vibrant, Safe City priority.
MIR
-2 -
REPORT
Inspections of the property at 26 Cedar Street, PID# 377465, have revealed that
there are two buildings on the premise; a two-storey, wood -framed house and a
detached single -storey, wood -framed garage. Staff first became aware of the
property's vacancy in May 2012 and began standard enforcement procedures.
The property is located in the City's North end in an urban centre residential
zone. The Buildings are a hazard to the safety of the public by reason of being
open, vacant, by reason of dilapidation and by reason of unsoundness of
structural strength.
For the reasons described in the attached Inspection Report, a Notice to Comply
was issued on June 9, 2017 and was posted to the front entrance of the building
on June 12, 2017. The Certificate of Registered Ownership for the building lists
two individuals as the registered owners. City staff was unable to contact the
owners of this property after numerous attempts and the building is considered
to be abandoned. The Notice provided the owners with 30 days to remedy the
conditions at the property. During this time no appeal was formally requested.
A compliance inspection was conducted on July 24, 2017 which revealed that the
conditions which gave rise to the Notice have worsened since the Notice was
issued.
Attached for Council's reference is the Notice to Comply that was issued and the
affidavit attesting to the building's posting. Also included are photographs of the
building. The Municipalities Act indicates that where a Notice to Comply has
been issued arising from a condition where a building has become a hazard to
the safety of the public by reason of dilapidation, unsoundness of structural
strength, or being vacant or unoccupied, the municipality may cause the building
to be demolished. As required in the Act a report from an engineer is attached,
forming part of the issued Notice to Comply, and provides the evidence to the
building's vacancy, dilapidation, unsoundness of structural strength and resulting
hazard to the safety of the public. A copy of the letter advising of the Common
Council Hearing date and affidavit is attached; it was posted to the front of the
building on July 26, 2017 and sent to the owner and encumbrances via registered
mail.
SERVICE AND FINANCIAL OUTCOMES
As is written in the Municipalities Act that a municipality must commence in the
proceedings of remedial action, approval of Common Council is required prior to
starting demolition activities at this property. Cost of the demolition work is
approximated at $15,000 to $20,000 and will take about 4-6 weeks before it is
complete. Staff will seek competitive bidding in accordance with the City's
purchasing policy and the cost of the work will be billed to the property owners.
WIN
-3 -
If the bill is left unpaid, it will be submitted to the Province with a request for
reimbursement.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
The City Solicitor's Office provided ownership verification by obtaining the
Certificate of Registered Ownership for the property. Additionally, the City
Solicitor's Office registered the Notice to Comply with Service New Brunswick's
Land Registry.
ATTACHMENTS
Notice to Comply and Inspection Report
Affidavit of Posting - Notice to Comply
Affidavit of Posting - Notice of Common Council Hearing Letter
Photos
(MunicipalitiesNOTICE TO COMPLY
s.190.01(3))
Parcel Identifier: 377465
Address: 26 Cedar Street, Saint John,
New Brunswick
Name: Moore, Troy Wayne
O
AVIS DE CONFORMIA
�,Loi sur les munickmaUles, L.R.N.-B. de 19TV,
par. 190.01(3))
Numero d'identification de In parcelle : 377465
Adresse : 26, rue Cedar, Saint John, Nouveau -
Brunswick
Nom: Moore, Troy Wayne
Address: 430 Prince Street, Suite F, Saint John, New Adresse : 430, rue Prince, suite F, Saint John,
Brunswick E2M IR3 Nouveau -Brunswick, E2M IR3
Name: Moore, Sheri Lee
No : Moore, Sheri Lee
Address: 430 Prince Street, Suite F, Saint John, New Adresse : 430, rue Prince, suite F, Saint John,
Brunswick E2M 1 R3 Nouveau -Brunswick, E2M 1 R3
Municipality issuing notice: City of Saint John
Bylaw contravened: Saint John Unsightly Premises
and Dangerous Buildings and Structures By -Law, By-
law Number M-30 and amendments thereto (the "By-
law").
Provision(s) contravened: Paragraphs 190.01(1),
190.01(1.1) and 190.01(2) of the Municipalities Act, and
amendments thereto.
Description of condition(s): The premise is unsightly
by permitting junk, rubbish, refuse and a dilapidated
building to remain on the premise. The building has
become a hazard to the safety of the public by reason of
being vacant or unoccupied and has become a hazard to
the safety of the public by reason of dilapidation and by
reason of unsoundness of structural strength. The
conditions of the building and premise are described in
Schedule "A", a true copy of the inspection report dated
June 9, 2017 prepared by Rachel Van Wart, EIT, By-
law Enforcement Officer, reviewed and concurred in by
Amy Poffenroth, P. Eng., By-law Enforcement Officer.
Remedy or remedies required: The owner is to
remedy the conditions by complying with the required
remedial actions of the aforementioned inspection report
and bring the building and premises into compliance
with the aforesaid By-law.
In the event that the owner does not remedy the
condition of the building and premises in the time
prescribed by this Notice to Comply, the building may
be demolished as the corrective action to address the
hazard to the safety of the public and the premises may
be cleaned un.
Municipalit6 signiflant l'avis : City of Saint John
Arrete enfreint : Arrete relatif aux lieux inesthetiques
et aux b6timents et constructions dangereux de Saint
John, Arrete num6ro M-30, ainsi que ses
modifications ci-afferentes (1' «Arrete »).
Disposition(s) enfreinte(s) . L,es paragraphes
190.01(1), 190.01(1.1) et paragraphe 190.01(2) de la
Loi sur les municipalites, ainsi que les modifications
affercntes.
Description de la (des) condition(s) : Les lieux sont
inesth6tiques en permettant la presence de ferraille,
de detritus et le batiment delabr6. Le batiment
est devenu dangereuse pour la s6curit6 du public du
fait de son inhabitation ou de son inoccupation et est
devenu dangereuse pour la securite du public du fait
de son d6labrement et du fait de manque de solidit6.
Les conditions du batiment et des lieux sont decrites a
Pannexe « A », une copie conforme du rapport
d'inspection en date du 9, juin 2017 et prepare par
Rachel Van Wart, IS, une agents charge de
1'execution des arretes municipaux, revise et en
d'accorde avec par Amy Poffenroth, ing., une agente
charge de 1'execution des arret6s municipaux.
Mesure(s) a prendre : La propri6taire doit restaurer
les conditions en se conformant aux recommandations
du rapport d'inspection susmentionne et d'amener le
batiment et les lieux en conformites avec 1'Arrete.
Dans 1'6ventualit6 que la propri6taire ne remedient pas
le batiment et les lieux dans le temps present par le
present avis de conformite, le batiment pourront etre
d6molis comme mesure corrective compte tenu qu'il
represente un danger pour la s6curit6 du public et les
Holly nrnarrnnt atra nattnve;c
The aforementioned remedial actions relating to the
demolition of the building and the disposal of debris and
items on the premises do not include the carry -out clean-
up, site rehabilitation, restoration of land, premises or
personal property or other remedial action in order to
control or reduce, eliminate the release, alter the manner
of release or the release of any contaminant into or upon
the environment or any part of the environment.
Date by which the remedy or remedies must occur: i
a) The demolition of the building, clean-up of the
property and related remedies must be complete,
or plans and permit applications for repair
related remedies, must be submitted: within 30
days of being served with the Notice to Comply.
b) The repair related remedies must be complete
within 120 days of being served with the Notice
to Comply.
Date by which notice may be appealed: Within 14
days of being served with the Notice to Comply.
Process to appeal: The owner may within 14 days after
having been served with this Notice to Comply, send a
Notice of Appeal by registered mail to the Common
Clerk of The City of Saint John, City Hall — 8r" Floor, 15
Market Square, Saint John, New Brunswick, E2L 4LL
Potential penalty for non-compliance within
specified ti e:2 Paragraph 190.03(1) of the
Municipalities Act states that a person who fails to
comply with the terms of the Notice to Comply given
under Section 190.011 of the said Act, commits an
offence that is punishable under Part 11 of the Provincial
Offences Procedure Act as a category F offence.
Where an offence under paragraph 190.03(1) continues
for more than one day, the minimum fine that may be
imposed is the minimum fine set by the Provincial
Offences Procedure Act for a category F offence
multiplied by the number of days during which the
offence continues pursuant to subparagraph
190.03(1.2)(1))(i).
Municipality's authority to undertake repairs or
rernedy:3 Subparagraphs 190.04(1)(a), 190.04(1)(a.1)
and 190.04(1)(b) of the Municipalities Act states that if
a Notice to Comply has been given under section
190.011 of the said Act and that an owner or occupier
does not comply with the Notice to Comply, as deemed
pour la securite du public.
Les tnesures correctives susmentionnees relativement
A la demolition du batiment et la disposition des debris
et autres items sur les lieux ne comprennent pas le
nettoyage, la remise en etat des lieux, des terrains ou
des biens personnels ou toute autre mesure corrective
dans le but de controler ou de reduire, d'e1i'niner le
deversement, de modifier le mode de deversement ou
le deversement d'un polluant dans ou sur
1'environnement on toute partie de 1'environnement.
Bate a laquelle la on les mesures doivent etre
prisesi :
a) La demolition du batiment et le nettoyage des
lieux doivent etre completees, ou a laquelle
les plans et demande de permis pour les
mesures des reparations, doivent etre
soumises, dans les 30 jours qui suivent la
signification de ]'avis de conformite.
b) Les reparations reliees aux mesures doivent
etre completees dans les 120 jours qui suivent
Ia signification de I'avis de conforinite.
Date a laquelle un apel de 1'avis peat etre depose:
Dans les 14 jours qui suivent Ia notification de ]'avis
de conformite.
Processus d'appel : La proprietaire peux dans les 14
jours qui suivent la notification de I'avis de
eonformite, envoye un avis d'appel par courrier
recommande a la greffiere communale de la
municipalite, a The City of Saint John, Edifice de
]'hotel de ville, 8e etage, 15 Market Square, Saint
John, Nouveau -Brunswick, E2L 4LI .
Penalite possible pour non-confor ite dans le delai
prescrit2 : Le paragraphe 1.90.03(1) de Ia Loi sur les
municipalites prevoit quiconque omet de sc conformer
aux exigences formulees dans un avis de conformite
notiiae aux termes de ]'article 190.011 de ladite loi,
commet une infraction qui est punissable en vertu de
Ia Partie 11 de la. Loi sur la procedure applicable aux
infractions provinciales A. titre d'infraction de la classe
F.
Lorsqu'une infraction prevue au paragraphe 190.03(1)
se poursuit pendant plus dune journee, I'amende
minimale qui peut etre imposee est Pamende
minimale prevue par la Loi sur la procedure
applicable aux infractions provinciales pour une
infraction de la classe F multipliee par le nombre de
jours pendant lesquels ]'infraction se poursuit
conformement a Palinea 190.03(1.2)(b)(i).
Pouvoir de la municipalite d'entreprendre les
reparations on de prendre les nlesures3 :
Conformement aux alineas 190.04(1)(a),
190.04(1)(a.1) et 190.04(1)(b) de la Loi sur les
municipalWs, si un avis de conformite a ete signifie
aux termes de I'article 190.011 de ladite loi et, que le
building of that owner or occupier to be repaired or faire nettoyer ou reparer les lieux de ce proprietaire ou
demolished, and the cost of carrying out such work,
including any related charge or fee, is chargeable to the
owner or occupier and becomes a debt due to the
municipality.
4 �'_
Dated at Saint John the day of June, 2017,
Municipality: The City of Saint John
Signature of Municipal Officer:
Name: Rachel Van Mart, E1T
Mailing address:
Growth and Community Development Services
The City of Saint John
15 Market Square
City ball building, 1.0t" floor
P. O. box 1971
Saint John, New Brunswick
1:21, 4111
Telephone: (506) 658--2911
Telecopier: (506) 632-6199
Email: r.<ac use l.vanwarl��' :.1<7hra
Seal of municipality
Notes:
1. All appropriate pen -nits must be obtained and all relevant
legislation must be complied with in the course of carrying out the
required remedial action.
2. Payment of the fine does not alleviate the obligation to comply
with the by-law, standard or notice to comply.
3. Costs become a debt due to the municipality and may be added to
the joint municipal and provincial Real Property Assessment and Tax
Notice.
de cet occupant on de faire reparer ou demolir la
propriete de ce proprietaire ou de cet occupant, et les
frais relatifs a 1'execution de ces travaux, y compris
toute redevance ou tout droit aff6rent, sont a la charge
du proprietaire ou de 1'occupant et devicnnent une
creance de la municipalite.
Fait A Saint John le __juin, 2017.
Municipalite :"The City of Saint John
Signature de la reprdsentante municipale:
Nom : Rachel Van Wart, 1S
Adresse postale:
Service de la Croissance et du Developpement
Communautaire
The City of Saint John
15 Market Square
Edifice de 1'h6tel do ville, 10e etage
Case postale 1971
Saint John (Nouveau -Brunswick)
E21, 41.1
Telephone : (506) 658-2911
Telecopieur : (506) 632-6199
Cournel.r�tlalvatb wirat�t�n �a
Sceau de la municipalite
Notes
1. Tons les pennis presents doivent etre obtenus et tonic la
legislation pertinente doit etre respectee, pendant 1'execution de ]a
mesure de recours.
2. Le paiement de l'arnende n'annule pas ]'obligation de respecter
1'arrete, ]a norme ou l'avis do conformite.
3. Les coots deviennent une Bette envers la municipalite et peuvent
etre ajoutds a 1'avis d'evaluation et d'imp6t foncier municipal et
provincial.
26 Cedar Street
aint John, New Brunswick.
PID# 377465
inspection Date: May 30, 2017
Inspection Conducted by: Rachel Van Wart, Ell
m1f, IRTUT
Dated at Saint, John,
this day of
20-37.
,t,,indards Officer
Inspections of the property at 26 Cedar Street, PID# 377465, have revealed that there are
two buildings on the premise (the "Buildings"); a two-storey, wood -framed house (the
"House") and a detached single -storey, wood -framed garage (the "Garage"). Staff first
became aware of the property's vacancy in May 2012 and began standard enforcement
procedures. The property is located in the City's North end in an urban centre residential
zone. The Buildings are a hazard to the safety of the public by reason of being open,
vacant, by reason of dilapidation and by reason of unsoundness of structural strength.
�, 1�I � � M
The Buildings are not in compliance with the Saint John Unsightly Premises and
Dangerous Buildings and Structures By-law, By-law Number M-30, and amendments
thereto (the "By-law").
cjrr wil"T I
Subsection 190.01(1) of the Municipalities Act states:
No person shall permit premises owned or occupied by him or her to be
unsightly by permitting to remain on any part of such premises
(a) any ashes, junk, rubbish or refuse;
(b) an accumulation of wood shavings, paper, sawdust or other residue of
production or construction;
(c) a derelict vehicle, equipment, machinery or the body of any part of a
vehicle equipment or machinery, or
(d) a dilapidated building.
1. There is an accumulation of junk, rubbish, and refuse on the property. These
items include, but are not limited to, concrete blocks, children's toys, discarded
wooden lathe from the walls of the House, beer boxes, paint cans, tires,
mattresses, boxsprings, kitchen sinks, children's swing set, lawn chair, rusted
filing cabinet and other various loose and bagged garbage. The aforementioned
accumulation of junk, rubbish, and refuse is unsightly.
2. The House is dilapidated. The window frames and trim on all sides of the House
are peeling and weathered. There are disconnected communication wires hanging
from the left side of the House. The roof shingles are in poor condition and
peeling. The roof covering the basement entrance to the House is rotten. The door
to the basement entrance is boarded from entry. The rear exit shed is pulling away
from the House and the rear deck is in poor condition with missing guards and
handrails. The brick chimney is missing bricks at the top and is deteriorated and
appears to be failing.
3. The Garage is dilapidated. The Garage's exterior cladding is vinyl on the left side,
1�. There is a dilapidated wooden fence at the rear of the property which is unsightly.
The fence is deteriorated, leaning and broken.
The Buildings and premise are unsightly.
I
Subsection 190.01(l. 1) of the Municipalities Act states:
No person shall permit a building or structure owned or occupied by him
or her to become a hazard to the safety of the public by reason of bein_%i
vacant or unoccupied.
The Buildings are a hazard to the safety of the public by reason of being vacant or
unoccupied for the following reasons:
1. Both the House and Garage continue to be found open during routine
inspections. Buildings in dilapidated condition and left unsecured from public
entry can attract vandalism, arson, or criminal activity. There are currently
two points of entry to the House; the rear main floor door and rear second
floor door. Both of these doors provide unrestricted access to the entire House,
except for the basement. There is one point of entry to the Garage; the left
side man -door. The City of Saint John Finance department confirmed that the
water has been turned off since 2012. Saint John Energy confirmed that the
power has been disconnected since January 2012.
2. There is a higher risk of a fire event occurring at the property since it is known
to the public that the Buildings are vacant and because they have been left
open and abandoned. The Buildings are in close proximity to a five unit ant
three unit apartment building located at 30 Cedar Street and 20 Cedar Streei
respectively. If a fire event were to occur within the House or Garage it coute
potentially spread to the neighbouring properties which could caus,,_r
significant damage to the buildings and would endanger the lives of th*
occupants.
3. There is a concern for emergency personnel in the event of a fire. If
firefighters suspect there may be people inside the Buildings, it would be
reasonable to expect they may be required to enter them. The interior
conditions of the House and Garage are not known to firefighters which pose a
hazard to their safety and others who may be inside in the event of a fire. The
May 30, 2017 interior inspection found numerous discarded household
furniture and appliances, fallen insulation, broken lathe and plaster and other
loose garbage materials inside the House. In addition to these items, the
interior conditions of the House could be hazardous, such as structural issues,
holes in the floor and evidence of raccoons. The floor of the Garage is also
covered with discarded household items. These items and hazards could
restrict movement or injure emergency personnel should they need to gain
entry.
Subsection 190.01(2) of the Municipalities Act states
No person shall permit a building or structure owned or occupied by him
1. Exterior Conditions:
The roof shingles are in poor condition, peeling and are scattered around the
property. Not only do the shingles falling off the roof pose a safety concern,
but the dilapidated roof conditions allow for further deterioration of the House
through water damage. The brick chimney is missing bricks at the top and is
deteriorated and appears to be failing. If bricks fell off the chimney on the
roof, they could roll off the roof and injure neighbours. The rear shed is
dilapidated and pulling away from the House. The rear deck is in poor
condition with missing guards and handrails.
2. Interior Conditions:
There is a significant amount of raccoon feces in the House indicating animal
infestation. Wild animals such as raccoons can carry diseases and cause
concern for public safety, in addition to the deterioration of the Building with
composting feces directly on the floor. During the May 30, 2017, staff spoke
with a neighbour who indicated that baby raccoons occupied the rear shed of
the House.
There are numerous locations on the main floor of the House where there are
holes in the floor system. If trespassers or children enter the House, they could
fall into the basement. Tripping hazards also exist on the main floor of the
House, due to lifted and warped floor boards. It should be noted that an
interior inspection conducted by staff in October 2015 did not note holes in
the floor; therefore conditions have worsened over time.
The majority of the House has exposed lathe walls, where plaster was
removed. The few walls that are intact are in very poor condition with peeling
wallpaper, peeling paint, evidence of water damage and warped panelling. On
both the first and second floors of the House there is a layer of dirt, including
raccoon feces, insulation, broken plaster/ drywall and other small dirt/ garbage
items. On the second floor, there are numerous small holes in the ceiling
drywall, in addition to a significantly large hole where a large section of
drywall has fallen off. The walls, floors and ceilings of the House are not
plumb.
Subsection 190.01(2) of the Municipalities Act states
11'o person shall permit a building or structure owned or occupied by him
or her to become a hazard to the safety of the public by reason of
dilapidation or unsoundness of structural strength.
The Buildings are a hazard to the safety of the public by reason unsoundness of structural
strength for the following reasons:
I . The ceiling on the main floor of the House is bowing indicating lack
structural support. During the May 30, 2017 inspection, staff did not enter t
second floor for this reason, but viewed second floor conditions from the re
deck and open second floor door. Walls and floors are also sloped. Wh
entering the main floor back door the House is at a different angle than t
deck. The floors in the House on the main floor are wavy and soft in so
locations. The brick chimney is missing bricks at the top, is deteriorated a
appears to be failing. The chimney conditions could be due to the moveme
of the House. I
foundation of the House, but was rather built on the deck.
3. The rear deck is structurally unsound. There are missing guards and handrails.
The stairs shake when walked on. These conditions pose a danger to anyone
who may attempt to walk on the rear deck.
Option 1: Remedy the conditions of the Buildings through all repair and remedial actions
as follows:
1. The Buildings must be must be completely repaired to remedy the above
mentioned hazards to public safety while meeting the requirements of the
National Building Code of Canada (2010) as well as all other applicable by-laws.
2. The Buildings must be maintained, kept secure, and monitored on a routine basis
while the property remains vacant or unoccupied.
3. A detailed plan must be submitted to the Growth and Community Development
Services Department of the City of Saint John (the "Department") for review and
approval. The plan should also include a schedule for the work that is to be
carried out. The repaired Buildings must meet the National Building Code of
Canada (2010) as well as other applicable codes.
4. The detailed plan, including schedules and any engineering reports, must be
approved by the Department prior to commencing repair work.
5. A building pen -nit must be obtained for any and all applicable work prior to
commencing said work from the City of Saint John in order to comply with the
Saint John Building By-law, By-law Number C.P. 102 and amendments thereto
(the "Saint John Building By-law").
6. The premise must be cleared of all debris found on the property, including any
and all rubbish that may be considered hazardous or unsightly. The debris from
the premise must be disposed of at an approved solid waste disposal site, in
accordance with all applicable by-laws, acts and regulations. Documented proof,
that clearly demonstrates an approved solid waste disposal site was used for the
disposal of debris, must be provided to the Department. The premise must comply
with all applicable By-laws, Acts, Codes and Regulations.
Iption 2: Demolition of the Buildings and cleanup of all debris on the premise by
complying with all the remedial actions as follows:
I - The Buildings must be demolished to remove the hazard to the safety of the
public by reason of dilapidation and by reason of being vacant or unoccupied.
2. A demolition permit must be obtained from the City of Saint John in order to
comply with the Saint John Building By-law,
3. The premise must be cleared of the debris from the demolition and the lot must be
made reasonably level with grade so as to not create a tripping or falling hazard.
All debris must be disposed of at an approved solid waste disposal site, and in
accordance with all applicable By-laws, Acts and Regulations. Documented
proof, that clearly demonstrates an approved solid waste disposal site was used for
Acts and Regulations. Documented proof, that clearly demonstrates an approved
solid waste disposal site was used for the disposal of debris, must be provided bt
the Department.
5. The property must be in compliance with all applicable By-laws, Acts and
Regulations,
G7-
4 -4-
achel Ian WLart,TEIT Date
Technical Services Officer
Reviewed by and concurred in by:
Amy Poffenr4W, P. Eng., MBA
Building Inspector
Deputy Commissioner
Growth and Community Development Services
q Z017
to
CANADA
SAINT JOHN, N.B.PID number'V1-'' v'k 4,
of Saint John, N.B., Make Oath And Say As Follows:
1. 1 ain employed by The City of Saint John in its Buildings and Inspection Services
Department. I have personal knowledge of the matters herein deposed except where
otherwise stated.
2. On at approximately I posted a
copy of the attached Notice to Comply, marked Exhibit "A" and Notice of Appeal,
gIj 1111131111MUNNIVII 11111U1111 I --
Q'L�zi '�.'7- -, Saint John, N.B.
Sworn To before me at the
City of Saint John, N.B.,
on the 12,, day of
iAr�2017
Xlf
CHRISTOPHER D MCKIEL
COMMISSIONER OF OATHS 296
My COMMISSION EXPIRES
DECEMBER 318T, 2019
CANADA
PROVINCE OF NEW BRUNSWICK
COUNTY OF SAINT JOHN
I ILIN I WSJ OffiLAIN I afffloll gN I a MIMI a §1 19 14211 1.0 011 EIRSK&MR154=1V
n
SAINT JOHN, N.B. (PID number 00'�" -,r7�
(", ")+ j ,1 -
. .... ..... .
of Saint John, N.B., Make Oath And Say As Follows:
1, 1 am employed by The City of Saint John in its Growth and Community Development
Services Department. I have personal knowledge of the matters herein deposed except
where otherwise stated.
2. On 'ZI, z c at approximately 0 1 posted a
copy of the attached Notice of Common Council Hearing Letter, marked Exhibit "A"
to the front door of the building that is located at CC' - )&k. Saint
John, N.B.
Sworn To before me at the
City of Saint John, N.B.,
on the — 2., 4 ~ _day of
ij \u 2017
CHRJSTOPHER D MCKIEL
COMMISSIONER OF OATHS
My COMMISSION EXPIRES 297
DECEMBER 31ST, 2019
...... .. . ..... ... .
Permitting & Inspection / Service des inspections et de I'application
By -Law Enforcement / Service d'Application des Arr&6s Municipaux
A
Phone / T61: (506) 658-2911
Fax / T616c: (506) 632-6199
July 26, 2017
Troy W & Sheri L Moore
430 Prince Street, Suite F
Saint John, NB, E2M I R3
liffillit're'100
Dear Sir/Madam:
i"his J6 F_xhibft"'A/
Saint John, New Brunswick
C
Re: Property located at 26 Cedar Street, PID 4 00377465
Dangerous and Vacant Building Program
On June 9, 2017, a Notice to Comply was issued for the above mentioned property which required
remedial action to bring the building and premises into compliance with the Saint John Unsightly
Premises and Dangerous Buildings and Structures By-law. The Notice to Comply was posted to
the building on June 12, 2017.
The fourteen (14) day appeal period has now expired. A compliance inspection was conducted on
July 24, 2017. The property was not in compliance with the aforesaid By-law at the time of the
inspection; therefore, City Staff will be attending the Common Council meeting scheduled on
August 8, 2017 at 6:00 p.m. to recommend that the building be demolished. Please be advised that
at this meeting, you will have the opportunity to present evidence to the contrary.
If you have any questions, please do not hesitate to contact me at (506) 658-2911,
Regards,
Rachel Van Wart, ElT
Technical Services Officer
C: Royal Bank of Canada, Saint John
Royal Bank of Canada, Fredericton
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COMMON COUNCIL REPORT
M&C No.
2017-210
Report Date
August 01, 2017
Meeting Date
August 08, 2017
Service Area
Growth and Community
Development Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: New action items to be included in the Roadmap for Smart Growth
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner/Dept. HeadL4
City Manager
Phil Ouellette
Jacqueline Hamilton
m
I Jeff Trail
RECOMMENDATION
Growth Committee recommends the following changes to the Roadmap for
Smart Growth for Common Council's consideration:
1. Addition of "ESJ is targeting to create 250 new jobs from external
investors, 500 new and retained jobs from high potential businesses and
40 new jobs from start-ups and entrepreneurs by end -of -2017;'
2. Addition of "HDC to establish the Saint John Local Immigration
Partnership Council by end -of -2017;"
3. Replace Action Item #14 "Release of Saint John's Immigration Strategy"
with "HDC to establish a Local Immigration Partnership Strategy for Saint
John by the end -of -2018;"
4. Addition of "The City of Saint John will launch a development award
program by the end -of -2017;"
5. Addition of "The City of Saint will launch a vacant property and lot
matching program by end -of -2017;"
6. Addition of "The City will review and pursue development opportunities
for 90-102 Mecklenberg St, 45 Boars Head Road, 50 Carleton Street and
the parking structure at the southwest corner of Grannan Lane and
Canterbury Street."
Further, Growth Committee recommends the following resolution for Common
Council's consideration:
1951114
-2 -
Direct the City Manager to allocate a maximum of $15,000 from the
remaining Growth Reserve Fund to support the development of the
Development Award Program.
EXECUTIVE SUMMARY
During the development of the Roadmap for Smart Growth, staff received
feedback from Growth Committee members of an interest to create a defined
action plan that could expand and retract as new opportunities and obstacles are
discovered. In other words, the Roadmap should not be interpreted as a rigid
document, but a document that evolves as growth -related efforts progress.
Since the adoption of the Roadmap and its 45 action items in March 2017, 16 of
the Roadmap's action items are complete, 15 are actively being pursued and 14
are pending action.
Most notably, the proposed action item additions to the Roadmap include:
• Key deliverables as a result of Enterprise Saint John's recent report and
presentation to the Growth Committee;
• Key deliverables as a result of the Human Development Council's recent
report and presentation to the Growth Committee;
• The addition of four additional priority municipal properties to be
'reviewed and pursued' in 2018 as a result of a recent report and
presentation to the Growth Committee from the City's Strategic Land
Committee;
• The pursuit of a Development Award Program to highlight the
phenomenal development activity occurring in the City of Saint John;
• The pursuit of a property matching program between existing owners of
vacant properties and lots with those interested in the renovation or
development of properties in the Central Peninsula.
The proposed changes to the Roadmap for Smart Growth were adopted by
Growth Committee on Tuesday August 1St, 2017, for Common Council's
consideration.
PREVIOUS RESOLUTION
Saint John Common Council adopted the Roadmap for Smart Growth on Monday
March 27th, 2017.
[tilt]
-3 -
STRATEGIC ALIGNMENT
Common Council has adopted a new set of Council Priorities: 2016-2020 in early
November 2016, and under the heading of "Growth and Prosperity," the
following is stated: "Saint John is recognized by residents and businesses as a
positive and supportive city. We grow in a smart way and attract talent,
innovation and opportunities so all people can thrive." In addition, Council
adopted key performance indicators to evaluate its ability to Grow SJ, including,
among others: "Building permit value," "Change in tax base assessment within
the City," "Change in population." Finally, Saint John Common Council adopted
the Roadmap for Smart Growth on Monday March 27t", 2017.
REPORT
During the development of the Roadmap for Smart Growth, staff received
feedback from Growth Committee members to create a defined action plan that
could expand and retract as new opportunities and obstacles are discovered. In
other words, the Roadmap should not be interpreted as a rigid document, but a
document that evolves as growth -related efforts progress. Since the adoption of
the Roadmap and its 45 action items in March 2017, 16 of the Roadmap's action
items are complete, 15 are actively being pursued and 14 are pending action.
Of the proposed new additions to the Roadmap for Smart Growth, Staff believe
the following should be adopted by the Growth Committee and Common
Council:
Enterprise Saint John Targets
According to the Roadmap for Smart Growth, Enterprise Saint John (ESJ)
is the City's agency responsible for the employment growth. On July 5th
2017, Enterprise Saint John presented to the Growth Committee and
reported on their Investment Readiness Strategy as well as their 2017
year-end targets. Accordingly, ESJ is currently working towards fulfill the
following 2017 year-end targets: create 250 new jobs from external
investors, 500 new and retained jobs from high potential businesses and
40 new jobs from start-ups and entrepreneurs.
Human Development Council: Local Immigration Partnership
The Human Development Council (HDC) is an important partner in the
City of Saint John's efforts to grow the population, and has the primary
responsibility of managing the Local Immigration Partnership. On July 5th
191iEll I
-4-
2017, HDC presented to the Growth Committee and reported on their
progress as well as important upcoming milestones. In addition, HDC
indicated the complexities and best practices in developing a strong Local
Immigration Partnership Strategy, which was initially projected to occur
in November 2017, but a more realistic timeline would be fall 2018. HDC
has also indicated their intention to develop the Local Immigration
Council by 2017 year-end.
Additional priority municipal properties to be review and pursued
The Roadmap for Smart Growth has identified six municipal properties to
be reviewed and pursued in 2017, but the Roadmap also indicates that a
total of ten properties will be reviewed and pursued in 2017. With that,
Staff presented on July 5t", 2017 and reported on the additional four
municipal properties to be included in the ten to be reviewed and
pursued in 2017. These four additional properties are: 90-102
Mecklenberg St, 45 Boars Head Road, 50 Carleton Street and the parking
structure at the southwest corner of Grannan Lane and Canterbury
Street.
New Vacant Property and Lot Matching Program
The Growth Committee has placed great focus on the challenge of vacant
and dangerous properties, and the importance of achieving efficient
resolution of persistent inaction in order to further enhance the image of
Saint John, with a special prioritization on the Southern Peninsula. Staff
are proposing to pursue the development of a vacant property and lot
matching program which will be designed to transfer the challenges of
these lots as opportunities for new development. A more detailed
briefing of the proposed program is attached to this report, which is
proposed to be launched in the fall of 2017.
New Development Award Program
As indicated in the attached briefing note, Staff are proposing to launch a
Development Award Program in 2017 in order to celebrate some of the
outstanding developments that have occurred in the City between 2016
and 2018. The main objectives of the award program are to applaud the
work done by private citizens to their buildings and businesses, the
developers who completed the work, and also to promote the Central
Peninsula as a high quality place to invest and live. While highlighting the
great development in the Central Peninsula, the Award Program is also
-5 -
intended to encourage similar behavior from existing and future
residents. The launch of the Program is scheduled to occur in late 2017.
In terms of budget implications associated with the additional Roadmap for
Smart Growth action items, Staff recommend the allocation of a maximum of
$15,000 from the Growth Reserve Fund to support the creation and marketing of
the Development Award Program. Additional information associated with the
proposed budget allocation to the Award Program can be found in the attached
briefing note on the program. Of the initial $450,000 initially allocated to the
Growth Reserve Fund in the City's 2017 operating budget, there is a remaining
$190,000 that is uncommitted.
The proposed changes to the Roadmap for Smart Growth were adopted by
Growth Committee on Tuesday August 1St, 2017, for Common Council's
consideration
SERVICE AND FINANCIAL OUTCOMES
The objective through the Roadmap for Smart Growth to pursue and review key
parcels of municipal property is to investigate the potential of suitable
development opportunities in order to generate tax base growth for Saint John.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
The proposed changes to the Roadmap for Smart Growth were assemble with
the input from various City of Saint John Service Areas as well as partner
agencies, including: Finance and Administrative Services, City Manager's Office,
Growth and Community Development Services, Enterprise Saint John, Human
Development Council, Legal, Strategic Land Committee.
ATTACHMENTS
Briefing Document: Property Matching Program
Briefing Document: Development Award Program
Growth Committee Report (July 5, 2017): Additional municipal properties to be
pursued in 2017
Roadmap for Smart Growth Work Plan
19li[.1
Property Matching Program
As the Growth Committee is aware, there is an existing stock of vacant buildings and lots in the
urban core that are under marketed for reuse and/or reinvestment. There is an opportunity for
the City to promote these properties for development which may not otherwise be getting
attention from the broader development community.
The Neighbourhood Plan, Urban Development Incentive program and many other action items
within the Roadmap for Smart Growth are all working together to increase density and
development in the South Central Peninsula. Given this focus in the area it is an opportune time
to pilot the Property Matching Program.
While this program remains in the early stages of development, the goal is to see these
properties sold and redeveloped to have them contributing to the tax base. There remains
details to be finalized before this program is officially launched, but there are a variety of
program characteristics that staff already prioritized for the program, including:
• The boundary for the pilot will align with the development incentives boundary for the
South Central Peninsula (see Figure 1).
• The pilot program will be evaluated on an annual basis to ensure that it is achieving the
outcomes it is set -out to achieve.
• There is potential to phase-in different additions to this program if this initial pilot is
successful, including alignment with real estate functions, interactive mapping,
promotion of existing properties for sale, expansion beyond South Central Peninsula and
other tools.
• Program must be fairly self -sustainable and require a minimal amount of staff time in
order to administer.
As was reported to the Growth Committee in July 2017, City Staff are reaching out to vacant
property owners in the South End and so far 29 vacant property owners have been contacted
with 28 of those owners interested in participating in the pilot program (see Figure 2). Staff will
continue to contact additional property owners as well as vacant land owners and it is
anticipated that more will be interested in the program.
This program has already received input from the Solicitor's Office and the City's Access and
Privacy Officer to determine the requirements from a legal and release of information
perspective. While the specifics remain to be defined, the program must ensure that all privacy
requirements are respected when dealing with personal information, and as such, a waiver will
need to be developed for the interested property owners to complete in order to participate in
the program and a disclaimer will likely be required with information that is released.
It should be noted that the City will not be taking on a traditional real estate function through
this program and will not be involved in sales between developers and owners. The program
K5rA
will focus instead on providing an avenue for property owners in a priority development area of
the City to promote their properties for reinvestment to developers. Staff received a positive
reception on the program from an initial meeting with the Saint John Real Estate Board, who is
interested in working in conjunction with the City in promoting this program and actively
participate moving forward.
Staff will continue to work with stakeholders to develop this program over the coming months,
and expect to be prepared for a full launch sometime in late fall 2017. The program will be
designed to deliver positive tax -based growth, new investment, less blight, and increased
vibrancy in Saint John's urban core.
19liF:3
Figure 1: Boundary Area for Property Matching Program
Figure 2: Participating Properties for Property Matching Program
K1ILe7
On
iz,
ell"
Figure 2: Participating Properties for Property Matching Program
K1ILe7
BRIEFING NOTE: Development Award Program
Staff are proposing to launch a Development Award Program in 2017 in order to celebrate some
of the outstanding developments that have occurred in the City between 2016 and 2018. The
main objectives of the award program are to applaud the work done by private citizens to their
buildings and businesses, the developers who completed the work, and also to promote the
Central Peninsula as a high quality place to invest and live. While highlighting the great
development in the Central Peninsula, the Award Program is also intended to encourage similar
behavior from existing and future residents.
Over the past number of years, a noticeable reinvestment and focus has occurred in the Central
Peninsula, whether it is to storefronts of businesses, facades of buildings, renovation projects,
heritage and new developments. In turn, this focus has helped build on the surging interest in
the Central Peninsula area as a quality place to live, work and play. As such, the proposed
Program is seeking to establish 5 award categories:
1. Heritage
2. Beautification
3. Renovation project
4. Infill development
5. Commercial Storefront
Award Ceremony
While the Program will be launched in 2017, an Award Ceremony is currently contemplated in
February 2018, which is approximately the same time that the Heritage Awards takes place
each year. The ceremony, to be hosted by Common Council, would celebrate the efforts and
investments of those individuals who have made positive contributions to the beautification and
vibrancy of the core area of the City.
The selected projects will be reviewed and celebrated, and a plaque will be given to the
applicants. The timing of the proposed Award Ceremony will line-up with the introduction of the
final year of the Urban Development Incentive Program, the Beautification Program, the
launching of the Central Peninsula Neighbourhood Plan, and the annual Heritage Awards
ceremony.
Award Selection
While the details of the selection process are still being finalized, staff will establish a
mechanism to solicit nominations from the community and also solicit nominations from
members of Uptown Saint John, Planning Advisory Committee, Heritage Development Board,
Growth Committee as well as Common Council. After all nominations are fed through an
evaluation matrix, staff will assemble an award list to be presented to the Planning Advisory
Committee the Heritage Development Board as well as Uptown Saint John for adoption and
19Mi7
submission to the Growth Committee, who will be responsible for final adoption of the award
recipients.
Marketing Development Outcomes
Each awarded project will be professionally photographed, profiled and promoted through
conventional media sources and through social media channels, not only associated with the
ceremony, but throughout the year. In addition, the program proposes the development of a
promotional video that will profile several projects that have occurred in each of the proposed
categories and be profiled during the ceremony. The video should be done by a professional
company, and should capture the broader upsurge in interest in the Central Peninsula that has
taken place over the past few years that is the driving impetus behind the sort of investments
that has inspired the development of the Program. A high quality video would become
promotional material, either in its full-length form or in shorter edited segments,that in turn, could
be used by the City in the future to help market the quality of life and investment opportunity in
Saint John. A professional video will also generate a greater sense of pride for the winners of
each of the programs.
Budget
Staff estimate that the 2017 costs associated with the Award Program, including the production
of a promotional video, will cost no more than $15,000. In addition to the video, this cost
includes promotional costs, plaques, and any other incidental costs.
Future Award Ceremonies
The Awareness and Engagement Team is proposing that the Award Ceremony be held on a
regular annual or bi-annual basis. The evolution of the ceremony could include an expanded
area of the City, and incorporate different categories, such as a "People's Choice Award", and
involve more entertainment in the evening to create a more unique stand -out ceremony. Future
ceremonies could take place in a location outside of Council Chambers in a space that would be
more appropriate for a lengthier event. Concepts and details will continue to evolve as the
Award Ceremony potentially grows with time, which could include categories that relate to
components of the Roadmap for Smart Growth.
Next Steps and Timeline
Completion of Terms of Reference and evaluation matrix — September 2017
Report back to Growth Committee with additional details — October 2017
Launch of Award Program — October 2017
Solicitation of Nominations — October 2017
Evaluation Matrix and initial recommendations — November 2017
Adoption of final award recipients — November 2017
Award Ceremony — February 2018
321
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GROWTH COMMITTEE REPORT
M&C No.
# fol'tild cm sharel.roint
Report Date
June 28, 2017
Meeting Date
July 05, 2017
Service Area
Growth and Community
Development Services
His Worship Mayor Don Darling and Members of the Growth Committee
SUBJECT. Strategic Land Committee Updated edits 0.docx
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner/Dept. HeadL4
City Manager
Phil Ouellette
Jacqueline Hamilton
m
I Jeff Trail
RECOMMENDATION
Staff recommend that the Growth Committee receive and file this report.
EXECUTIVE SUMMARY
The Roadmap for Smart Growth has identified six municipal properties to be
reviewed and pursued in 2017, but the Roadmap also indicates that a total of ten
properties will be reviewed and pursued in 2017. This report provides insight to
the Growth Committee on four additional municipal properties that Staff
recommend are feasible to review and pursue in 2017, which are in addition to
the six municipal properties outlined in the Roadmap.
PREVIOUS RESOLUTION
Saint John Common Council adopted the Roadmap for Smart Growth on Monday
March 27th, 2017, which includes Action Item #40: "Deliver development
strategy for 10 high-profile municipal properties."
STRATEGIC ALIGNMENT
Common Council has adopted a new set of Council Priorities: 2016-2020 in early
November 2016, and under the heading of "Growth and Prosperity," the
following is stated: "Saint John is recognized by residents and businesses as a
positive and supportive city. We grow in a smart way and attract talent,
innovation and opportunities so all people can thrive." In addition, Council
19NO.1
-2 -
adopted key performance indicators to evaluate its ability to Grow SJ, including,
among others: "Building permit value," "Change in tax base assessment within
the City," "Change in population." Finally, Saint John Common Council adopted
the Roadmap for Smart Growth on Monday March 27t", 2017.
REPORT
Action Item #40 of the Roadmap for Smart Growth reads "deliver development
strategy for 10 high-profile municipal properties," which is projected to be
completed by December 2017. The Roadmap has already identified six out of the
ten municipal properties to be reviewed and pursued in 2017, including: Tucker
Park, former Lantic Sugar site, Sandy Point Road, existing parking lot on the
corner of Canterbury and Princess, former Jelly Bean Buildings and Synagogue.
In order to identify the four additional municipal properties that should be
reviewed and pursued in 2017, the City's Strategic Land Committee has been
meeting frequently since January 2017 to enhance the City's coordination of
strategic real estate opportunities. This committee is comprised of the following
interests: City Manager, Commissioner of Growth and Community Development
Services, Commissioner of Finance and Administrative Services, Growth and
Community Planning team, Real Estate Division, Saint John Waterfront
Development and the Director of Strategic Real Estate Services.
The Strategic Land Committee had contemplated the pursuit of two properties
prior to the publication of the Roadmap for Smart Growth, and have since
initiated due diligence and necessary next steps. These two properties are the
former Peel Plaza Office property as well as the property on the corner of
Grannan Lane and Canterbury Street. Since that time, the Peel Plaza Office
property has a signed agreement of purchase and sale and the
Grannan/Canterbury site has been promoted to the marketplace with a request
for proposals.
In addition to the two above municipal properties, the Strategic Land Committee
is proposing 90-102 Mecklenburg Street as well as 45 Boars Head Road to finalize
the list of ten municipal properties to be reviewed and pursued in 2017. The
Committee feels there is potential market interest in both properties, and
believe both properties are great opportunities to generate new tax base growth
for the City of Saint John.
[tide]
-3 -
SERVICE AND FINANCIAL OUTCOMES
The objective through the Roadmap for Smart Growth to pursue and review key
parcels of municipal property is to investigate the potential of suitable
development opportunities in order to generate tax base growth for Saint John.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
This report and the correspondence focus of the 10 municipal properties to be
pursued in 2017 was supported by the Strategic Land Committee, comprised of
the following colleagues: City Manager, Commissioner of Growth and
Community Development Services, Commissioner of Finance and Administrative
Services, Growth and Community Planning team, Real Estate Division, Saint John
Waterfront Development and the Director of Strategic Real Estate Services.
ATTACHMENTS
Roadmap Strategic Land Assignment
Map for 90-102 Mecklenburg Street and 45 Boars Head Road
331
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COUNCIL REPORT
M&C No.
2017-205
Report Date
August 01, 2016
Meeting Date
August 08, 2016
Service Area
Transportation and
Environment Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: Solid Waste By -Law Review
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner/Dept. HeadL4
City Manager
Katherine Shannon
Michael Hugenholtz
m
I Jeff Trail
RECOMMENDATION
It is recommended that this report be received for information and that no
changes are made to the definition of residential property in the Solid Waste By -
Law.
EXECUTIVE SUMMARY
The purpose of this report is to advise Common Council on the current practice
of providing solid waste removal to townhouse units that are individually owned
or collectively owned and rented.
PREVIOUS RESOLUTION
N/A
STRATEGIC ALIGNMENT
This report aligns with Council's Priority for Valued Service Delivery.
REPORT
On January 14, 1991 Common Council passed third reading to amend the By -Law
for the Storage, Collection and Disposal of Solid Waste in the City of Saint John.
This amendment included changes to the definition of "Residential Property" to
include townhouse units, as well as adding approved collection sites.
1919193
-2-
"1) Section 2 is amended:
a) by repealing the definition of "Residential Property" and substituting
therefore the following:
1) "Residential Property" includes all single and double housing units,
individual townhouse units, apartment buildings with not more than four
apartment units and rooming house with not more than nine roomers.
b) by adding the following:
(p) "Townhouse development" means a townhouse development listed in
Schedule "A""
On July 5, 2001, Common Council passed an updated By -Law for the Storage,
Collection and Disposal of Solid Waste in the City of Saint John in which
"Schedule A" was removed so that new developments may be added without
the need to amend the by-law each time.
The solid waste by-law does not specify ownership as the determining factor for
solid waste removal, it specifies what type of property is eligible. These
townhouse developments would be considered residential units regardless of if
they are owner— occupied or rented. A property that falls under the definition
of "Commercial Establishment" would be ineligible for solid waste removal.
A review of all approved collection sites will be conducted to determine if the
sites are still acceptable and if changes are required. Furthermore, a review of A
By -Law for the Storage, Collection and Disposal of Solid Waste in the City of Saint
John By -Law Number M-2 has been completed by staff and an update and
recommendation will be brought forward to Common Council at an upcoming
meeting.
SERVICE AND FINANCIAL OUTCOMES
N/A
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
N/A
ATTACHMENTS
A By -Law to Amend a By -Law for the Storage, Collection and Disposal of Solid
Waste in the City of Saint John, N.B. 1991
Appendix D (1997)
K101 1I
M&C 2001-206 Solid Waste By -Law
1919191
-3 -
I
A BY-LAW TO AMEND
A BY-LAW FOR THE STORAGE, COLLECTION
AND DISPOSAL OF SOLID WASTE IN THE
CITY OF SAINT JOHN, N.B.
Be it enacted by the Common Council of the City
of Saint John as follows:
A By -Law of the City of Saint John entitled "A
By -Law for the Storage, Collection and Disposal of Solid
Waste in the City of Saint John, N.B."' is hereby amended
as follows:
1) Section 2 is amended:
a) by repealing the definition of "Residential
Property" and substituting therefor the
following:
1) "Residential Property" includes all single
and double housing units, individual
townhouse units, apartment buildings with
not more than four apartment units and
rooming house with not more than nine
roomers.
b) by adding the following:
(p) "Townhouse Development" means a townhouse
development listed in Schedule "A,".
(q) '"Approved Collection Site" means a
location, within the, boundaries of a
townhouse development, which has been
approved by the Commissioner for the
collection of solid waste.
2,) Section 3 is amended:
(a) by repealing paragraph (1) and substituting
therefor the, following:
(1)(a) Subject to subsection (1) (b) , curb
service shall be the method of
collection for all collectable solid
waste collected by the City.
(b) The method of collection to, be used
by the City when it collects
collectable solid waste within the
19191.1
- 2 -
boundaries of a townhouse development
shall be from an approved collection
site. It is the responsibility of
a townhouse development to provide
the City vehicles with reasonable
access to its approved collection
site or sites.
(b) by repealing paragraph (5) and substituting
therefor the following:
(5) When the Commissioner has designated a
collection period for a collection route
or an approved collection site:, he shall
remove all collectable solid waste which
has, been placed at curbside in front of
each residential property along that
collection route or which has been placed
,at an approved collection site.
3) Section 4 is amended by adding immediately after the
word "curbside" where it appears in paragraph (3)
the words '"or at an approved collection site".
(4) Section 5 is amended by adding immediately after the
word "curbside" where it appears therein the words
"or an approved collection site".
(5) By adding the following Schedule "A§
SCHEDULE "'A"
TOWNHOUSE DEVELOPMENTS
Highmeadow Park
Leighside Park (Tartan Street)
Woodside Park
Candlewood Lane
West Vale Park
Blue, Heron Park
Highwood Park (Birch Grove Terrace)
1919YA
- 3 -
IN WITNESS WHEREOF the City
of Saint John has caused
the Common Corporate Seal
of the said City to be
affixed to this By -Law the
14th day of January
1991, signed by
Mayor, the meter of the
Common Council who presided
at the meeting at which it
was passed; and
_7elll
A
Common 4CrLk
First Reading - January 7, 1991
Second Reading - January 7, 1991
Third Reading - January 14, 1991
091.11
Eligible for City Co ion Services
339
Appendix I'D"
Highmeadow Park. (Pr.)
Leighside Park (P'r.)(Tartan Street)
Woodside Park (Pr.)
Candlewocd Lane (Pr./Public)
"finest Vale Park (Pr.)
]Blue Heron Park (Pr.)
Thompson Place (Pr.)
Highvsw,00d Parr (Pr.) (Birch Grove Terrace —
Lawscn Court; Celeste Court)
White House Court (Pr.)
Village Estates (Pr.) (Abbie Place; Caitlin Court,
Wayne Terrace)
Heritage Gardens (Pr.)
Horsler/ iillcrest (Pr.)
Longview Court (Par.)
Manawagonish Gardens (Pr.)
340
17 REPORT TO COMMON COUNCIL
M
July 5, 2001
City of Saint John
Her Worship Mayor Shirley McAlary
And Members of Common Council
Your Worship and Members of Council,
Previous reports to Council have documented changes to residential solid waste
collection practices that are planned for the first of August of this year, The
current City By-law governing the handling of solid waste (" A By-law For the
Storage, Collection an,d Disposal of Solid Waste in the City of Saint John, New
Brunswick') needs to be updated in order to support these planned changes.
Revisions are also necessary in order to add more townhouse type developments
to City collection schedules and address the concerns presented by these
homeowners to Council over the past year. A third motive is, to provide more
effective support for enforcement staff dealing with community concerns and
infractions of the by-law.
It is noteworthy that the current solid waste by-law was ftamed over twenty years
ago at a time when residential curbside collection was relatively new, and the City
had just moved its landfill operation from Howes Lake to Lorneville. There have
been many developments in the intervcmng years. This report will present
recommendations for Council's consideration and approval for a revised solid
waste by-law, one that will address current issues and provide a base for staff to
rely on in years to come.
M&�C 2001-206
July 5, 2001
Page 2
The City's current solid waste by-law was approved on October 9, 1979 and is
attached to this report. It has been amended five times since, with the third
amendment including specified "townhouse developments" for residential solid
waste collection.
The by-law does a number of things:
• It sets the fi-arnework for dealing with all solid waste generated within
Municipal boundaries..
• It establishes the basis for a residential collection service provided by the
Municipality.
• It identifies commercial solid waste and how it is intended that it be handled,
• It provides definitions of various types of solid waste, residential and
commercial properties, acceptable containers, etc.
• It identifies responsibilities and proscribes handling procedures,
• It identifies penalties for violations of the provisions of the by-law.
The current by-law has, a wide scope and establishes general principles, yet
provides very specific direction on some elements. The revised by-law being
recommended for adoption is attached and has the same intent. The primary
focus of the revisions being recommended is to recognize and support changes in
residential collection methods that will be introduced on the first of August --
source
source separation and biweekly collection of two different waste streams.
Organic materials will be collected on one week using plastic carts now being
distributed throughout the region by the Fundy Region Solid Waste Commission.
Other household refuse will be collected the following week using traditional
containers. To successfully operate this program it will be necessary to install
hydraulic lift devices on our existing packer fleet and schedule collection on
statutory holidays, Christmas being an anticipated exception.
M
A number, of townhouse developments (seven) were named for inclusion in City
collection service in an amendment to the current By-law on January 14, 1991.
(Attached as Appendix C),. These generally had some form of "private" driveway
or road access from a public street and provision was made for designated
"approved collection sites" within the development as opposed to curb service
collection. The number of these types of townhouse developments has increased
over the years, with some on public streets and some with "private" driveway or
road access,
19t, I N
M&C 2001-206
July 5, 20O 1
Page 3
ANALYSIS (Cont'd)
Village Estates residents made representations to Council last year requesting to
be included for City collection service, Subsequent to this staff also received
inquiries of a similar nature from representatives of White House Court. A review
of all similar developments was undertaken and are listed as Appendix (D) to this
report. Dost of these already receive residential collection service from the City
of Saint John — many are near or front on public streets and the residents have
been placing solid waste for collection. There are only two townhouse
developments where residents pay for private collection service — White House
Court and Village Estates, both off Manawagonish Road. There are a total of
sixty-seven (67) residential units in these developments. Staff is recommending
that these be included for City collection upon enactment of the new By-law.
A list of townhouse developments is not included in the proposed By-law so that
new developments may be added without need for an amendment each time.
Arrangements would still follow the provisions of the By-law for establishing
pick up points, either within the boundaries of the development or the nearest
public street. These will depend on accessibility to collection vehicles.
It should be pointed out that the proposed By-law includes these types of
developments for City collection service but large scale condominium units are
excluded. (eg former Brentwood apartment tower, York Point, etc.)
Condominium buildings with individual units on two or more floors and without
separate ground floor entrances are regarded as are apartment buildings —
arrangements for garbage collection and disposal will remain the responsibility of
the association or agency charged with maintenance of the property.
There are a number of other provisions being added to the by-law at this time.
Included are clauses dealing with special collections such as, clean up week, and
clauses directed at specific problems encountered in recent years.
For example the by-law now makes it a violation to bring garbage into the City
from outside its boundaries and place it for collection. Placement for collection in
front of another property is also a violation under the proposed by-law. The
responsibility of property owners, for spilled or scattered solid waste that has
escaped from its container is specifically addressed.
Another noteworthy provision is the requirement to use transparent bags for trash
on the non organic collection day. This is being introduced so that the contents of
the bags may be observed and that the solid waste is being properly separated.
This provision is being phased in so that residents may adjust to the changes, being
introduced over a period of time.
19M 1 191
M&C 2001-206
July 5, 20101
Page 4
ANALYSIS (Cont'd),
It should also be noted that it is intended to phase in community composting.
Organics carts, are being distributed throughout the City and the first collection is
scheduled for the week of July 30 — August 3, 2001, with the exception of the
South End Peninsula. The first organics collection from this area will be
scheduled for later in September. This phased approach will allow staff time to
assess the implementation in other areas and address anticipated difficulties: using
the carts in the South Peninsula where space is limited and on -street parking will
interfere with curbside pick up.
Council will recall earlier discussions where Councillors suggested the option of
using biodegradable bags as well as the organics collection carts. This option is
incorporated into the proposed by-law, and could well be the answer in more
congested areas including sections of the South Peninsula. The Fundy Region
Solid Waste cart roll out team report there have been some requests to use the
bags in lieu of carts.
I
MRM
There are a number of recognizable operational costs associated with adoption of
the by-law and implementation of the community composting initiative. The
capital cost of hydraulic lifters, for our garbage packers is $ 46,000. The
additional annual cost of collection on statutory holidays is estimated at $35,000.
The addition of 67 residential housing units in White House Court and Village
Estates represents approximately $7,000 annually. On the latter issue, it should
be noted that staff has also been in the process of enforcing the provisions of the
By-law over the past year and suspending City collection service to "commercial"
properties as defined in the By-law. The costs of adding residential units in White
House Court and Village Estates should be more than offset by the elimination of
costs to collect from "commercial" properties now serviced by the private sector.
This proposed by-law has been reviewed by the Building Inspector and Manager
of City Planning. They have expressed their views and associated revisions have
been incorporated.
19M I El I
M&C 2001-206
July 5, 2001
Page 5
It is recommended that the attached "By-law For Ae Storage, Collection, and
Disposal of Solid Waste in the City of Saint John, New Brunswick" receive First
and Second Reading and be ref=ed to the Legal Department for appropriate
action.
Respectfully submitted,
POO
Terrence Totten C.A.
City Manager
Itz, I lei
Appendix "A"
=1 M , M
Revised and Consolidated
For the Storage, Collection and Disposal of Solid Waste
(Solid Waste By - Law)
)
111031113111M UPPIT ni WMaTIMON
yl r I , I I'll I FeTLOR
CITY OF SAINT JOHN
15 Market Square
PO Box •
S,Q4t Jo4n NB E2L 41-1
Your Worship and Councillors:
Telephone: (506) 652-1177
Fax: (506) 652-1562
E-maiL Ipm@nb,aibn.com
G.L.C. Realty Limited ("G.L.C,") is the owner of townhouses known as 1-24 Lawson Court
and 31-47 Celeste Court, located in Millidgeville, in the City of Saint John. The, property
tax bill paid by G.L.C. for these properties in 2017 (for the tax year 2016) was $75,410,53.
In addition, G.L.C. owns other real estate in the City of Saint John (the "City") and
collectively pays property taxes for real estate in the City in the amount of $276,836.14.
As you know, because these townhouse units are non -owner -occupied properties, G.L.C.
currently pays double the property taxes that would otherwise be paid if each unit was
owned individually by the tenants. In spite of this substantial property tax bill, we do not
obtain any snow removal service for either Lawson Court or Celeste Court from the City.
One service we do receive, in return for our substantial property tax bill and pursuant to
the by-laws of the City, is garbage removal.
Currently, while the by-law of the, City contemplates that garbage removal will be provided
to Lawson Court and Celeste Court, the City does not pick-up garbage for these units at
curbside for each unit which would be the case if the units were individually owned, even
though the owner would only pay half of the property tax that G.L.C. is paying with respect
to the units. Instead of curbside pick-up, each tenant must deliver their garbage to a
central spot at each of the courts, where the City garbage disposal trucks collect the
garbage. This requires less work for the City.
It is our understanding that there has been an issue raised with respect to some of the
garbage making a mess in part of the neighbourhood as a result of the garbage being put
out for collection. Firstly, as I am, sure you can appreciate, when you have the garbage
being collected from 41 different units, whether they are owned individually or collectively,
there are bound to be some issues with mess from time to time. That said, to our
knowledge, while we have received some complaints about garbage from the neighbours
or otherwise over the years, it does not happen often. We do recognize that from time to
time garbage being left out for collection is subject to birds and animals getting into it; this
happens to garbage at many households. We would comment that to the extent that any
complaints have been received about a mess from garbage, our property managers have
347
0
been prompt in having someone attend to cleaning up any mess,
Part of the contributing cause of this problem is the fact that the Lawson Court and
Celeste Court pick-ups are the first pick-ups on Monday morning. As a result of the early
pick-up, many tenants (in spite of our requesting otherwise), put their garbage out the
night before so as not to miss the early pick-up the next morning. This, of course, makes
it more likely that animals or birds will get into the garbage. We believe that a slightly
later pick-up in the morning would not be an issue for the garbage collection crew but
would reduce significanfly the likelihood of the tenants putting their garbage out the night
before; this should therefore significantly reduce the risk of any mess occurring.
We are confident that with some accommodation between ourselves and the City, we can
address any concerns with respect to the garbage pick-up without having to amend the
City by-law and download the cost of garbage collection directly to the landlord (and
therefore to the tenants themselves, because of a consequential rent iincrease to cover
the extra cost). It would also seem to us that the transfer of this cost to the landlord, and
therefore the tenants, will do nothing to reduce costs to be incurred by the City. The City
crew's workload will be reduced but it is difficult to imagine that doing so will save the City
any money of any material amount.
In, addition, if the by-laws are amended and the land lord/tenants are compelled to pay the
extra costs of private collection, the City will most likely indirectly incur additional
operational costs. This wiII occur as a result of what would be close monitoring by us to
ensure, that no one improperly uses the facilities for garbage dumping,. This is a problem
in other areas of private pick-up and, we would intend to seek prosecution of anyone who
might make use of any such private garbage facilities for purposes other than our own.
This process will require police personnel involvement.
We would ask that the City Council not consider amending the by-law, particularly in
response to what is an issue that has been infrequently a problem and which can be
reasonably addressed by a small, and probably inconsequential, operational change by
the City garbage collection operations.
Thank you for your consideration of this matter.
Yours very truly,
M
Lino C11
Director
herald M. Lawson,, Director
�to-,18-uij 348
COUNCIL REPORT
M&C No.
M&C#2017-195
Report Date
July 26, 2017
Meeting Date
August 08, 2017
Service Area
Corporate Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: Council Code of Conduct
OPEN SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner/Dept. HeadL4
City Manager
Patricia Anglin
Jonathan Taylor
m
I Jeff Trail
RECOMMENDATION
It is recommended that Common Council adopt the Council Code of Conduct.
EXECUTIVE SUMMARY
The purpose of the Council Code of Conduct is to establish standards of conduct
for Members of Council in the individual conduct of their official duties. These
standards are intended to enhance transparency and openness, integrity, justice
and courtesy. A written Code of Conduct helps to ensure that the Members of
Common Council share a common basis of acceptable conduct.
PREVIOUS RESOLUTION
Committee of the Whole resolution from May 26, 2017:
RESOLVED that the City Manager be directed to prepare a draft Code of
Conduct/Ethics Policy for Council's consideration and include in a report back,
the feedback heard from Council.
REPORT
Staff was directed by the Committee of the Whole to prepare a draft Code of
Conduct for Council's consideration. The Clerk's Office participated in Code
regulation development workshops with the Department of Environment and
Local Government (ELG). The workshops reviewed Codes of Conduct used
throughout New Brunswick and Canada. The proposed draft Code for the City of
Saint John was submitted to ELG for input. It is prudent to note that when the
-2 -
Province approves the forthcoming Code of Conduct regulation, under the new
Local Governance Act, the requirements of the regulation will be mandatory. The
full details of the proposed regulation are currently under review.
STRATEGIC ALIGNMENT
Customer -Focused Services — Define service levels
SERVICE AND FINANCIAL OUTCOMES
NIL
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
Senior Leadership Team, Environment and Local Government
ATTACHMENTS
Draft Council Code of Conduct
M1191
Draft
Council Code of Conduct for the City of Saint John
1. Policy Statement:
The purpose and intent of the Council Code of Conduct is to establish standards of conduct for
Members of Council in the individual conduct of their official duties. These standards are
intended to enhance public confidence that the City of Saint John's elected officials operate
from a basis of transparency and openness, integrity, justice and courtesy.
A written Code of Conduct helps to ensure that the Members of Council share a common basis
of acceptable conduct. These standards are designed to supplement the legislative parameters
within which the Members must operate.
2. Scope:
The Code of Conduct and the references within it, shall apply to all members of Common
Council acting in their official duties.
3. Legislation:
3.1 This Code of Conduct operates along with and as a supplement to the existing statutes
governing the conduct of members, including:
a) Municipalities Act
b) Municipal Elections Act
c) Right to Information and Protection of Privacy Act
d) Human Rights Act
3.2 Section 12, Rules of Conduct, of the City of Saint John Bylaw Respecting the Procedures of
the Common Council Bylaw Number M-5 addresses the conduct of Council during a City
Council meeting.
3.3 The Criminal Code of Canada also governs the conduct of members.
4. General Standards of Conduct:
4.1 Council members shall perform their official duties in accordance with the following
general principles:
a) Be honest and open with council members, local government staff, and the general
public;
b) Make decisions that are in the best interest of the community as a whole;
1
351
Draft
c) Make decisions based on careful and objective consideration and review of the facts;
d) Ensure that objectivity, impartiality and transparency are emphasized in decision-
making;
e) Be accountable for the decisions made by the Council;
f) Demonstrate a high level of professionalism when representing the local government
and in their dealings with members of the broader community; and
g) Ensure that all duties are performed in compliance with federal and provincial laws, as
well as by-laws, policies and procedures adopted by the local government.
S. Respecting Roles and Responsibilities
5.1 Members of council shall ensure that they:
a) Focus on their governance role of providing leadership for the community in an open,
accountable and transparent manner, establishing strategic direction and providing
oversight of the local government;
b) Respect the role of the local government's staff, which is to provide day-to-day
administration of the local government, provide advice and analyses, implement council
decisions, and carry out their responsibilities as required under the Municipalities Act
and any other relevant federal and / or provincial legislation, regulations or by-laws of
the local government;
c) Council as a whole has the authority to approve budget, policy or process, including the
structures and procedures for committees. Authority to act on behalf of Council,
including through a committee, can only be delegated by Council or through law.
d) Respect the role of the Council as a whole being the decision-making body for the local
government. Only Council as a whole and no single Member including the Mayor has
the authority to direct staff, approve budget, policy, committee processes and other
matters, unless specifically authorized by Council.
e) In practical terms, there are distinct and specialized roles carried out by Council as a
whole and by Councillors when performing their other roles. The key requirements of
these roles include dealing with constituents and the general public, participating as
Committee members, participating as Chairs of Committees, and participating as Council
representatives on agencies, boards and commissions and other bodies. Similarly, there
are distinct and specialized roles expected of staff in both carrying out their
responsibilities and in dealing with Council.
6. Transparency and Accountability for the Decision Making Process
RM
Draft
6.1 Members of council shall conduct and convey council business and all their official duties in
an open and transparent manner so that the public can view the process and rationale used
to reach decisions.
6.2 Members shall accurately and adequately communicate the decisions of Council and Local
Boards such that respect for the decision and decision-making process is fostered.
6.3 Members shall not attempt directly or indirectly, to influence the decision-making process,
as it relates to the award of contracts or settlement of claims. This incudes but is not limited
to direct or indirect personal contact or interaction with parties administering or directly
involved in such processes.
7 Respectful Behaviour
71. Members shall at all times serve and be seen to serve their constituents in a conscientious
and diligent manner.
7.2 Members will conduct their dealings with each other in ways that maintain public
confidence in the office to which they have been elected, are open and honest, focus on issues
rather than personalities, avoid aggressive, offensive or abusive conduct.
7.3 Members of council have a duty to treat members of the public, other council members,
local government staff or individuals providing services on a casual or contractual basis with
dignity, understanding and respect.
7.4 Members of council shall promote the governance framework to ensure their work
environment is free from discrimination, bullying, offensive and/or derogatory language,
and harassment and that they are in compliance with the local government's policies and
procedures, where applicable.
7.5 Without limiting the generality of the foregoing, Members shall not:
a) Make inappropriate comments or gestures to or about an individual where such
conduct is known or ought reasonably to be known to be offensive to the person(s) to
whom they are directed or about:
b) Display materials or transmit communications that are inappropriate, offensive,
insulting or derogatory;
c) Make threats or engage in any abusive activity or course of conduct toward others;
d) Vandalize the personal property of others;
RM
Draft
e) Commit assault of any kind, including making unwanted physical contact, including
touching, patting or pinching;
f) Refuse to converse or interact with anyone based on any ground listed in the Human
Rights Act.
8 Conduct at Meetings
8.1 Members of council shall be respectful of their council colleagues, the staff of the local
government and the public in attendance during council and committee meetings as well as
other meetings (both internal and with the general public). Meetings shall provide an
environment for transparent and healthy debate on matters requiring decision-making.
Furthermore, members of council shall conduct themselves in accordance with the
provisions set out in the local government's Procedural By-law, in particular Section 12
Rules of Conduct.
8.2 Members of Council may not impugn or malign a debate or decision or otherwise erode the
authority of Council. Members have the right to express disagreement with positions put
forward by other members provided such disagreement remains focused on the issue. Once
the council has adopted a resolution, members of council are expected to support the
resolution and the work associated with carrying out this resolution.
9 Use of Social Media
9.1 Members of council shall use social media in a responsible and respectful manner that is in
keeping with the local government's procedural by-law, policies and procedures where
applicable. Social media tools are not to be used as a means to criticize other members of
council, the local government staff or the general public.
10 Handling of Confidential Information
10.1 Members of council shall refrain from disclosing or releasing any confidential
information to any member of the public, or in any way divulge any confidential
information, including personal information or any aspect of deliberations obtained through
their holding office, in either oral or written form, in accordance with the Right to
Information and Protection of Privacy Act.
10.2 Members of council shall keep confidential those matters that are discussed in a
meeting that is authorized under the Municipalities Act to be closed to the public.
:l
KREI
Draft
10.3 Nor shall members use confidential information including information that they might
have knowledge of by virtue of their position that is not in the public domain, including
emails or correspondence from other Members, or third parties, for personal or private
gain, or for the gain of relatives or any person or corporation or cause detrimental to the
City, Council, Local Board, or others.
11 Use of Local Government Property, Services and Other Resources
11.1 No member of council shall make use of, or permit the use of any local government
property (land, facilities, equipment, supplies, etc.), staff or other resources (computers,
networks, websites, social media) other than for carrying out the business of the local
government.
11.2 No member shall use the facilities, equipment, supplies, services or other resources of
the local government (including councillor newsletters and local government web sites,
social media) for any election campaign or campaign -related activities.
11.3 Members shall avoid waste and extravagance in the provision or use of the local
government's resources or property belonging to the local government.
11.4 No Member shall use the facilities, equipment, supplies, services or other resources of
the City for any election campaign or campaign -related activities. No member shall
undertake campaign related activities on Local Government property. No member shall use
the services of persons during working hours in which those persons receive any
compensation from the Local Government.
12 Conflict of Interest
12.1 Members shall conduct themselves in accordance with the Municipalities Act on matters
relating to conflicts of interest.
12.2 Members shall commit to making decisions impartially and in the best interests of the
local government and recognize the importance of fully observing the requirements of the
Municipalities Act with regard to the disclosure and avoidance of conflicts of interest.
13 Improper Use of Influence
K�191
Draft
13.1 No member shall use the influence of the office they hold for any purpose other than for
the exercise of his or her official duties.
13.2 In accordance with section 90.8(2)(b) of the Municipalities Act, a member of council
shall not for his or her personal gain, or for the personal gain of a family associate, make use
of his or her position or of any information that is obtained in his or her position and is not
available to the public.
13.3 Furthermore, no member shall use one's status as a member of council or the influence
of the office they hold to the advantage of any other relatives, friends, or business
associates.
14 Gifts and benefits
14.1 In accordance with section 90.8(2)(a) of the Municipalities Act, a member of council
shall not accept any fees, gifts, gratuities or other benefit that could reasonably be seen to
influence any decision made by him or her in the carrying out of his or her functions as a
member of council.
14.2 The following are recognized as exceptions:
a) Compensation or benefit authorized by Council;
b) Services provided without compensation by persons volunteering their time;
c) Food, lodging, transportation and entertainment provided by provincial,
regional and local government or political subdivisions of them, by the
federal government or by a foreign government within a foreign country;
d) Food and beverages consumed at banquets, receptions and similar events, if:
• Attendance serves a legitimate business purpose;
• The person extending the invitation or a representative of the
organization is in attendance; and
• The value is reasonable and the invitations infrequent.
15 Application, Administration, and Enforcement
15.1 Application
The Code of Conduct will be implemented upon resolution of Common Council.
a) "Members of Council" includes the mayor and all councillors.
b) The Code of Conduct will apply to all members of council.
11
MOO
Draft
15.2 Administration
Members of Council will each be required to sign an agreement to abide by the Code of
Conduct, attached as Appendix A. This form must be signed, filed with the Clerk and be
available for public review.
15.2 Enforcement
The agreement to abide by the Code of Conduct will be signed and submitted as described
above. There are no formal procedures placed in the regulation regarding the handling of
complaints regarding potential Code of Conduct breaches. Rather, the Code is "self -enforced"
and considered as a document that sets out expectations in terms of the conduct of the
members of the council.
16. Glossary
a) "official duties" means the public duties of a Member and includes functions performed by
Members necessary to demonstrate responsible and accountable government with respect to
matters within the City of Saint John's jurisdiction, and which are done for the purpose of
providing good government with respect to those matters.
BUFA
Draft
Appendix - A
Agreement to Abide by the Code of Conduct of the City of Saint John
As a member of the Council of the City of Saint John, I affirm that I have read and understood
the Code of Conduct of the City of Saint John and I agree to uphold the Code of Conduct as
adopted by the City of Saint John.
I understand that upon my signing, this Agreement will be filed with the Office of the Common
Clerk and available for public inspection.
Signature:
Name (please print):
Council Position:
Date:
B&I-11
EJ
COUNCIL REPORT
M&C No.
2017-201
Report Date
July 20, 2017
Meeting Date
August 08, 2017
Service Area
Corporate Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: Video of Open Council Committee Meetings
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner/Dept. HeadL4
City Manager
Richard Evans
Jonathan Taylor
m
I Jeff Trail
RECOMMENDATION
That Common Council direct the Common Clerk to purchase the required video
equipment and computer (estimated to be $1500) for the purpose of recording
open session meetings of Committee of the Whole, Growth Committee, and
Finance Committee; and further, that the videos be made available to the public
via YouTube subsequent to the meeting.
EXECUTIVE SUMMARY
Council directed staff to explore the possibility of providing videos of open
meetings (Council, Committee of the Whole open session, and Committees of
Council) to the public. The main two possibilities are to live stream the meetings
or to record the meetings and make the videos available to the public online.
Based on our research it is suggested that the most economical solution is to
record the meetings and post the video online after the fact. Recording the
meetings and posting the content online decreases the chance of technical
errors that could occur with the live streaming option. The videos will be posted
online via the City's YouTube account the day after the meeting.
PREVIOUS RESOLUTION
April 3, 2017 - RESOLVED that item 11.1 Video of Open Council and Committee
Meetings be referred to the City Manager for a report.
STRATEGIC ALIGNMENT
M116.1
-2 -
Open and Transparent Government
SERVICE AND FINANCIAL OUTCOMES
To purchase the video recording equipment and accompanying computer will
cost approximately $1500. There will be no financial impact for posting the
videos online to the public, nor will we will have to store the videos on our own
servers.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
The Information Technology department has collaborated and provided
technical advice to the Clerk's office on this initiative.
ATTACHMENTS
n/a
191091
COUNCIL REPORT
M&C No.
2017-209
Report Date
August 02, 2017
Meeting Date
August 08, 2017
Service Area
Corporate Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: Proposed Service Enhancements for City Agencies, Boards, and
Commissions
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 I Jeff Trail
RECOMMENDATION
That the Clerk be directed to:
1) Work directly with City ABCs to create board member job descriptions
2) Request that City ABCs develop a detailed board orientation package for
new board appointees
3) Prepare a presentation for significant City ABCs on governance, effective
meetings, the role of the chair, meeting procedures, and an overview of
relevant legislation
EXECUTIVE SUMMARY
Council directed Staff to report back on developing an annual training session on
Robert's Rules of Order and governance for individuals appointed by Council to
agencies, boards or commissions. Staff recommends that a presentation for City
ABCs be developed on governance, effective meetings, the role of the chair,
meeting procedures, and an overview of relevant legislation. In addition, it is
suggested that detailed board member job descriptions be developed and that
City ABCs be asked to assemble board orientation packages for new appointees.
PREVIOUS RESOLUTION
Council adopted the following resolution on February 6, 2017:
-2 -
RESOLVED that item 11.1 Training for Appointees to City ABC's be referred to the
City Manager for a report and recommendation.
REPORT
Agencies, Boards, Commissions ("ABCs") provide advice to the municipal
government, deliver services to City residents, and regulate key sectors of the
economy. They function at arms -length from municipal government
departments and undertake important work on behalf of the people of Saint
John.
At present, there are over 35 distinct ABCs and committees to which the City
makes appointments. A number of ABCs provide municipal programs or services
to the community on behalf of the City (e.g. Police, Transit, Parking); these ABCs
receive City funding and the City appoints their board members. In addition,
there also several ABCs that do not receive City funding and that provide services
outside of the City's mandate, but allow the City to appoint 1 or more individuals
to their board (e.g. Port Authority, SJ Airport).
The City has recently made efforts to strengthen its ties with City ABCs by
establishing regular reporting requirements (both written and verbal) and by
creating mandate letters for the City's economic development agencies.
The February 6th Council submission entitled "Training for Appointees to City
ABCs" proposes that City Staff provide an annual training session to ABC
appointees on "their general role inside the organization and provide them with
basic training in governance and how effective meetings run". The suggested
motion states that appointees to City ABCs "must attend training on city
governance and Robert's Rules of Order".
The governance structure of an ABC dictates not only the policies of the
organization, but also such things as the relationship between staff and the
board, and the role and use of committees. It is important to note that typically
it is the responsibility of the ABC to determine its governance model and rules of
procedure for board meetings.
Robert's Rules states that in a board meeting where there are not more than
about a dozen members present, some of the formality that is necessary in a
large assembly would hinder business. The rules governing such meetings are
different from the rules that hold in other assemblies in the following respects:
• Members are not required to obtain the floor before making motions or
speaking
• Motions are not to be seconded
191M
-3-
• There is no limit to the number of times a member can speak to a
question, and motions to close or limit debate generally should not be
entertained.
• Informal discussion of a subject is permitted while no motion is pending
• Sometimes, when a proposal is perfectly clear to all present, a vote can
be taken without a motion having been introduced.
Given that the procedural rules governing smaller boards are typically different
from the detailed parliamentary/procedural rules followed by larger assemblies,
and that ABCs typically determine their individual governance structure, Staff
suggest that working directly with the ABCs on these issues would be most
effective.
Proposed Service Improvement
The Office of the Common Clerk manages the City's Volunteer Administration
Service for ABCs by overseeing the following:
• Managing board vacancies and the re -appointment process for ABCs
• On-line ABC volunteer application form on the City website
• Maintenance Skills matrix
• Nominating Committee agendas and resolutions
• Coordinating Semi-annual reporting
• Liaison with ABC Executive Directors/General Managers
• Managing board correspondence
• Communicating Council decisions
Staff recommends that the City's current ABC volunteer administration service
be enhanced to ensure appointees are properly prepared to fulfill their role on
the board. It is suggested that the Clerk work individually with the staff person
responsible for managing the City ABC (General Manager, CEO, etc.) to ensure
board appointees are provided with a detailed orientation package containing
the suggested following information:
• The organization's mission statement
• A history of the organization
• A description of the board's governance structure and operations
• Meeting dates and format
• Links to the organization's social media accounts
• Board memberjob descriptions
• Terms of Reference and Bylaws
-4-
• Policies and procedures, especially related to board meetings and
directors
• A copy of the organization's strategic plan
• A copy of the organization's budget and other financial information such
as core funders
• A list and description of the board's committees and their terms of
reference
• Information about membership
• Minutes of recent meetings and the last AGM
• Contact information for each director and staff (including any personal
social media accounts, if desired)
• Relevant forms, such as expense forms
It is recommended that the Clerk prepare a presentation for the significant City
ABCs (Parking, Transit, Police, SJ Energy, etc.) on governance, effective
meetings, the role of the chair, meeting procedures, and an overview of relevant
legislation.
Should Council approve this recommendation, Staff will work with ABCs to
develop job descriptions and board orientation packages and the Clerk will
prepare a presentation for delivery to the significant City ABCs.
SERVICE AND FINANCIAL OUTCOMES
N/A
STRATEGIC ALIGNMENT
This initiative aligns with Council's priority of Valued Service Delivery — Customer
Focused Services.
ATTACHMENTS
Appendix A - Position Description for ABCs Sample
Appendix A
Position Description: Agency, Board, Committee Member
Time commitment: Five hours+/ month (meetings, preparation, consultation)
Authority: Individual board members have no authority to approve actions by the
Association, to direct staff, or to speak on behalf for the Association,
unless given such authority by the board.
Term: 3 years, appointed by Common Council
Reports to: the Board/GM/etc
Accountability: The Board of Directors are collectively accountable to the community,
funders and other stakeholders. They are accountable for the Board's
performance in relation to its mission and strategic objectives and for the
effective stewardship of financial and human resources.
Responsibility :
• Board members are responsible for acting in the best long-term interests
of the organization and its community and will bring to the task of
informed decision-making, a broad knowledge and an inclusive
perspective.
• Must be a member in good standing of the Community Association
General Duties: Every member of the Board of Directors is expected to do the following:
• All Directors are expected to be fully informed on Community Association
matters and participate in discussions and decisions in matters of policy,
finance, programs, personnel and advocacy.
• Prepare for and attend board meetings
• Work as a team member and support board decisions
• Participate in the review of the Association's mission and objectives and
the development of a strategic plan
• Demonstrate loyalty, commitment and fiduciary responsibility.
• Monitor the performance of the organization in relation to objectives and
core values
• Be assured that the Board and its committees are adequately and
currently informed - through reports and other methods - of the
condition of the Association and its operations.
• Be assured that reports properly reflect the operating results and
financial condition of the Association.
Appendix A
• Ascertain that management has established appropriate policies to define
and identify conflicts of interest throughout the Association, and is
diligently administering and enforcing those policies.
• Appoint independent auditors subject to approval by members.
• Make certain there are proper internal controls within the Association
• Approve the budget and monitor financial performance in relation to it
• Abide by the by-laws, code of conduct and other polices that apply to the
board
• Establish, review and monitor polices that guide core operational
practices (eg. financial management, human resource management)
• Participate in fundraising activities of the Association.
• Accept fiduciary responsibility for the Association as per Bylaws
• Participate in hiring and releasing the Executive Director
• Participate in the evaluation of the Executive Director
• Participate in the recruitment of new board members
• Participate in the evaluation of the board itself
• Participate in committee work
• Attend and participate in the Annual General Meeting
• Keep informed about community issues relevant to the mission and
objectives of the Association
Qualifications: The following are considered key job qualifications:
• Knowledge of the community
• Commitment to organization's mission and strategic directions
• A commitment of time
• Openness to learning
Removal of a Board Member: A director may be removed from the board, by majority vote, if
absent from three meetings without reasonable cause or if acts against
the best interests of the Board as per Bylaws.
Role of the Board Members
Members must:
• Be prepared to contribute their time, money and other resources.
Directors should be prepared to contribute financially to the work of the
organization or find individuals who are willing to contribute. In addition,
directors should willingly contribute their expertise (e.g. marketing,
lobbying, accounting, legal, etc) to further the aims of the organization.
• Participate fully on board committees as assigned. This means attend the
meetings, read the necessary documents ahead of time and be prepared
K11-1.1
Appendix A
to discuss the issues at hand. Committee meetings are the place where
key issues are discussed, analyzed and resolved. Recommendations for
board action are formulated at the committee level.
• Recruit, hire, and monitor the work of the executive director. The
executive director is the employee of the board and as such is required to
implement policy. It is not the job of the board to engage in the
management of day to day operations.
• Advocate on behalf of the organization — directors must be prepared to
promote the views of the organization in order to secure funding,
legislation and other support for the organization. This requires an
informed board member.
• Ensure compliance with regulations and accrediting bodies
• Approve the budget
• Report to the President of the board of directors. Individual agendas must
be subordinate to the aims of the organization. Acting out of self interest
is to be discouraged.
• Keep discussions and reports confidential.
• Provide input into the strategic plan and monitor the organization's
progress towards achieving established goals.
• Participate in any way that is helpful to the advancement of the
organization.
Saint John has reached an important inflection point in
its quest for population growth and increased economic
development. With the release of PlanSJ and the Roadmap
for Smart Growth, the City of Saint John has positive
momentum and organizational will to effect meaningful
change. These plans are ushering the City toward a "shift of
the entire economic development landscape" characterized
by a renewed focus on the growth of Saint John's three
strategic pillars: tax base, population and employment.
The creation of the Growth Committee in July 2016 gave
the City a chance to study its governance practices in
depth and identify potential drivers of development,
investment and ultimately growth.
One issue that continually arose in meetings and analyses
was the lack of a proactive real estate development role
within the City of Saint John and its economic development
agencies. Today no single organization is tasked with
encouraging property development and maximizing the
benefits from city -owned real estate assets.
While many different organizations and departments effectively
manage their individual domains, it seems clear that a more
entrepreneurial and coordinated approach is necessary if the
city wishes to maximize the growth of its tax base.
The reality is that Saint John has a surplus of real estate viable
for development and a deficit in private sector demand.
Growth opportunities have to be sought out, encouraged and
supported by municipal organizations, and the City of Saint
John must find a better way to explore and expedite private
sector development in order to achieve its growth goals.
Saint John Development Corporation, Saint John Industrial
Parks, the City's Growth and Community Development
Department, City of Saint John Real Estate Department
and Saint John Parking Commission are all successfully
executing their organizational mandates, but individually
and collectively they are not solely focused on the
advancement of real estate development in the city.
This report recommends the formation of a new
organization, Develop Saint John, that will be designed
and positioned as a new entity distinct from the city's
administrative structure.
While the new organization will be structurally
independent, in practice it will work closely with the City of
Saint John to achieve growth goals laid out in documents
like PlanSJ and the Roadmap for Smart Growth. Develop
Saint John will absorb some responsibilities and retain
some components of existing organizations, but it must
have a more streamlined focus on real estate development
and tax base growth. The new organization will also
develop a strong entrepreneurial culture around the ideals
of proactivity and productivity. There is a strong consensus
among key stakeholders about the importance of these
qualities.
It is also important for all involved to note that although
Develop Saint John is the recommended name, it is a
working title and consultations will continue to occur in the
next months around the final brand and positioning.
The first part of this report will detail the research and
planning steps taken by the Director Strategic Real Estate
over the past few months, while the second part will lay out
the Director Strategic Real Estate's final recommendation
and organizational vision, along with the next steps to be
taken in the transition process.
Unlocking Real Estate Development Opportunities And Strategic Growth:3619ntial I The Recommended Path Forward for the City of Saint John
Saint John Common Council has underscored the need and
urgency to drive appropriate development in our community.
However, current organizational structures are not optimized to
achieve this goal.
We have the opportunity to realign the role of managing the
development of surplus or underutilized city properties, as
well as other properties in our community, in ways that can
help the City achieve its tax base growth goals, streamline its
organizational processes, and facilitate private investment and
development across the municipality.
The outcome will be a structure best -suited to the unique
needs of our community, one that leverages our existing assets
in ways that drives new levels of investment and growth.
Unlocking Real Estate Development Opportunities And Strategic Growth SMtial I The Recommended Path Forward for the City of Saint John
The Director Strategic Real Estate undertook a baseline
analysis to evaluate the strengths, weaknesses,
opportunities and threats that exist within the current
structures that share responsibility for real estate
development in the City of Saint John.
The goal of the consultation phase of this strategic report
was to identify potential real estate alignment models that
could function effectively within the City of Saint John.
The process used to generate this report was inclusive,
transparent and open to all interested parties.
The main two strategies used to examine the efficacy of
various plans were consultation with key stakeholders and
examination of best practices in other municipalities. That
research has helped us arrive at identifying models for
changing the City's role in real estate development.
The "Models" section of the report describes at a high level
three different ways that this shift could play out, along with
the advantages and disadvantages of each method.
Identifying potential models was the first phase of
this effort. These models were shared and discussed
with members of the Growth Committee and other
relevant stakeholders before the presentation to the
Growth Committee and Common Council of this final
recommendation on the best model for Saint John.
Each person who was able to volunteer any amount of their
time to this project was a fundamental part of the process
and generated crucial insights that have informed this
effort. For a full list of consultation participants, interview
subjects and formal and informal advisors, please see
Appendix I at the bottom of this document.
For a list of the municipalities examined and researched for
best practices reviews, please see Appendix 11.
Unlocking Real Estate Development Opportunities And Strategic Growthsm ntial I The Recommended Path Forward for the City of Saint John
The most important aspect of any solution is that its
architects take into account the unique challenges and
needs of the community it is being implemented in.
The solutions that work for Dieppe or for Toronto may
be instructive for policymakers in Saint John, but the
final approach must be uniquely tailored to Saint John's
strengths, capabilities and assets.
A city like Toronto has intense competition for development
on limited available space. In Saint John we have more
properties ripe for development than the market currently
demands. That is why the new structure must aggressively
seek to encourage and expedite appropriate development
beyond City -owned properties that meets the guidelines
identified in PlanSJ and the principles set forth by the
Growth Committee.
The eventual solution must have strong and immediate
implementation potential. That includes establishing a
change management process to ensure an effective and
smooth transition to the new model.
The new model must be managed through ambitious yet
realistic key performance indicators (KPIs) to ensure it is
progressing toward achieving its goals. These KPIs must
be continuously monitored and reported back to the
Growth Committee and Common Council.
The organization must also align directly with existing
city structures like the One Stop Development Shop. It
will also be working closely with developers, existing
City of Saint John structures like the Growth and
Community Development Department, and economic
development agencies at the municipal, provincial
and federal levels. In addition, the KPIs of other city
departments and groups involved in development should
align with the new organization's dual mission of tax base
growth and responsible development in the city.
Ultimately, the greatest impact of this new structure will
come through encouraging private sector development
and having the tools to help expedite decision making
and development. By helping to facilitate and create
partnerships between stakeholders involved in the
development process, it will be fulfilling its mandate of
creating development opportunities, working with other
city departments to continue to streamline approval and
regulatory procedures, and helping the City of Saint John
grow its tax base and population.
Linking the sale and promotion of city -owned real estate
assets with tax base growth, and linking tax base growth
with the other Roadmap pillars of population growth
and employment growth, is the true goal of this entire
alignment project. Just as Saint John can use techniques
like employment opportunity postings to attract new
residents, it can also use an inventory of reasonably priced
real estate offerings to help grow its population.
The next section will detail three organizational models
that were examined throughout this process as potential
ways that Saint John could achieve these growth goals.
Unlocking Real Estate Development Opportunities And Strategic Growthntial I The Recommended Path Forward for the City of Saint John
As noted earlier, the consultation phase of the process was intended to identify three potential models for Saint John.
Each model has its own particular set of strengths and weaknesses, but all were considered at some point in the planning
process as viable paths forward for the City of Saint John.
1. New City Department
This would be a new City department operating within the current City structures and without any private sector involvement.
• Direct operational oversight by City staff and
Common Council
• Inherent structural alignment with other
City departments
• Opportunity to share administrative functions and
other support resources
11. Reimagining Existing Organization
Creating an entrepreneurial culture and approach
would be a challenge
• Limited private sector input due to being seen
by the development community as just another
city department
• Limited ability to leverage outside funding and
other external resources
Saint John Development Corporation and Saint John Industrial Parks both currently have real estate assets or encourage
development of assets within their mandates. One of these structures could be refocused and revamped to ensure that their
mandate is focused entirely on a strategic and proactive approach to real estate development. This would include changes
to governance model, Board composition, mandate letters and KPIs. This option would envision situating the agency and
department together under one umbrella.
• Builds on the strengths and available human and
financial resources of an existing organization
• Could be created, staffed and fully operational
very quickly
• More nimble organization with the ability to
leverage funds and outside resources and
possibly even explore joint venture projects
• Ensuring annual work plans and KPIs are totally
aligned with city priorities
• Seen as a separate agency and could be
colocated within City Hall
• Staff are directed by independent board and not
city management
Unlocking Real Estate Development Opportunities And Strategic Growthntial I The Recommended Path Forward for the City of Saint John 6
III. Creating Independent Agency
An entirely new independent agency would be created to proactively seek development and optimize the use of redundant
or underutilized city properties. The City of Saint John would be the organization's sole shareholder. This option would in-
clude folding many activities currently handled by Saint John Development Corporation, Saint John Industrial Parks and some
city departments into the mandate of the new organization.
Fresh approach and culture bringing new energy
to the effort while directly supporting City's
Roadmap for Smart Growth
Board could include municipal, provincial, federal
and community representatives
• More nimble organization with the ability to
leverage funds and outside resources and
possibly even explore joint venture projects
• Significant additional resources and time required
to create a new organization and bring the
activities of others to a close
• Ensuring annual work plans and KPIs are totally
aligned with city priorities
Seen as a separate agency and not part of the
City Hall staff team
Unlocking Real Estate Development Opportunities And Strategic Growth V41tial I The Recommended Path Forward for the City of Saint John
A strong consensus has developed around the need for
a new, ambitious organization that exists independently
from the City of Saint John, but is explicitly mandated to
work closely with the city to achieve municipal growth and
development goals. This organization will be positioned
as a new entity, but it will possess several important
components of existing real estate -focused bodies.
The new organization will tentatively be called
Develop Saint John, Inc.
This solution adopts elements of option II and option III in
the preceding section, in that it involves both reimagining
the Saint John Development Corporation and retaining
elements of its structure to serve as the foundation of a
new and distinct organization.
The chosen approach leverages much of the existing equity
built over time by the Development Corporation while
hastening the adoption of more focused, innovative and
entrepreneurial methods for encouraging and supporting
development in our community. Winding down the operations
of the Development Corporation would take much-needed
time and resources that should be dedicated to the formation
of the new organization with a new mandate.
Using these existing assets and equity, as well as assets of
Saint John Industrial Parks that will be transferred over to the
new organization, will help decrease the time and money
necessary to get it created, staffed and operational. It is also
important to note that the primary focus of Develop Saint John
will be on responsible reallocation and optimization of existing
budget resources rather than the creation of new financial
obligations for the city.
The Develop Saint John brand will complement the City
of Saint John's brand, and as a nimble, forward -thinking
organization, Develop Saint John will play an important role in
reframing that brand as being entrepreneurial, aggressively
focused on development, and open for business.
Unlocking Real Estate Development Opportunities And Strategic Growthntial I The Recommended Path Forward for the City of Saint John
Develop Saint John will be the primary organization
responsible for driving appropriate real estate
development in Saint John. The organization will be
overseen by a 7 member Board of Directors made up of
business and community leaders. A board skills matrix
will be used in organizing and analyzing the board to
ensure that all necessary skills and disciplines are well -
represented in the cross-section of members.
Leveraging the members' direct knowledge of real estate
and development is an essential aspect of this board -
driven organizational model. Having federal and provincial
appointees on the board is also essential for ensuring
connectivity with all levels of government and garnering
support from senior leadership.
The board composition will be as follows:
City of Saint John — 5 appointees
Province of New Brunswick —1 appointment
Government of Canada —1 appointment
Mayor and City Manager — Ex Officio
The efficient structure of Develop Saint John will allow it to
become an active sales and marketing organization in the
service of development opportunities in Saint John. It will
actively engage the private sector to encourage greater
development in Saint John by seeking out new developers
and development strategies. This is a marked change from
the current passive structure in which all organizations
adequately manage development projects but do not
have the focus and resources to seek them out in an
entrepreneurial fashion.
Human Resources Plan
A comprehensive Human Resources plan will be
developed featuring detailed job descriptions and a
list of skill requirements will be developed for each
position. Develop Saint John cannot fulfill its mandate
without access to the best and brightest minds working
in development and real estate, so filling positions with
qualified and exceptional employees is one of the most
important parts of the entire transition process.
The ability to create a confident and entrepreneurial
team that is able to achieve the city's myriad growth
goals is essential to the success of this new organization.
Team members must actively search for development
projects and general interest. The creation and nurturing
of a company culture defined by personal responsibility,
proactive effort and a commitment to cooperation with
other agencies and departments is the key to success.
Saint John is not Toronto or Vancouver: tax base growth
and responsible development can certainly occur here,
but dynamic, goal -oriented organizational leadership is
necessary to allow that to happen.
Oncejob descriptions and skills requirements are
finalized, candidates from inside current agencies and
departments as well as external candidates will be
identified, interviewed and selected. Professional skills
and commitment to Develop Saint John's proactive,
entrepreneurial culture will be the most highly valued
qualities in a potential candidate.
Unlocking Real Estate Development Opportunities And Strategic Growthntial I The Recommended Path Forward for the City of Saint John
The task of Develop Saint John will be to aggressively
implement relevant aspects of the City of Saint John's
growth agenda, reflecting the priorities of the Growth
Committee and bringing to life the vision outlined in Plan
SJ and the Roadmap for Smart Growth.
As part of that vision, the focus of Develop Saint John
will be on developments that spur growth but are also
complementary to social and community goals. This
can mean addressing specific needs or opportunities
in Saint John's Priority Development Areas, as well as
targeting initiatives identified in various reports, like the
Central Peninsula Neighbourhood Plan currently under
development, and by entities like Living Saint John.
Develop Saint John will also be working closely with
the City of Saint John to revise and refine this mandate
as time goes on. With respect to ongoing cooperation,
the City of Saint John will provide an annual Mandate
Letter to Develop Saint John outlining the City's priorities
for strategic real estate development, including key
performance indicators to measure progress on identified
projects. It is also strongly recommended that the CEO
work closely with the city manager and senior management
team on a day-to-day basis to ensure goal alignment and
mutual support of initiatives.
Develop Saint John will take on the following roles:
• Working with local developers and property owners
to drive strategic development or redevelopment
• Maximizing the development potential of
City -owned property
• Attracting interest from developers outside of Saint John
• Landbanking or land acquisitions designed to
facilitate new development
• Reinvesting profits into other development opportunities
Working alongside other agencies to aid other pillars
of growth in the city, including employment growth and
population growth
Under this model, any functions not core to development
currently undertaken by Saint John Development
Corporation or Saint John Industrial Parks will be
transferred to appropriate departments of the City of
Saint John. The change implications for the three major
existing real estate entities (SJ Development Corporation,
SJ Industrial Parks, and the City of Saint John Real Estate
Department) are briefly outlined in the next section.
While Develop Saint John's performance will be reviewed
annually through KPI analysis, a complete organizational
review should be undertaken in year five (2022) of its
existence to ensure that the organizational structure
chosen this year is the most effective model to drive
real estate and tax base growth. Although the resources
required to accomplish this review should be included
in the organization's budget, the planning, scope and
selection of reviewers will be led by the City of Saint John.
Unlocking Real Estate Development Opportunities And Strategic Growthntial I The Recommended Path Forward for the City of Saint John 10
Saint John Development Corporation, Saint John Industrial
Parks, and the City of Saint John Real Estate Department
will all be impacted by this proposed realignment of
development responsibilities in the city.
City of Saint John Real Estate Department: All internally
focused activities, including right of ways, stop up and
closures, and property tax appeals will remain within the
city's administrative structure. However, all externally
focused activities, particularly marketing and selling
municipally -owned real estate, will transition to Develop
Saint John. This separation of functions is to be completed
by December 31, 2017.
Saint John Industrial Parks: Saint John Industrial Parks will
wind up operations effective Dec 31, 2017. All assets and
liabilities of the organization will be transferred to Develop
Saint John.
Saint John Development Corporation: The Development
Corporation's mandate and name will change, and a
new Board will be appointed by December 31, 2017.
The process to amend the Letters Patent will begin in
September of this year. The following activities currently
under the purview of the Saint John Development
Corporation are not core to the mandate of the new
organization and will be assigned to the City of Saint John
for administration and oversight:
• Contract and lease management for the Market Square
complex, including the attached parking garage
• Contract and operational management for Market
Square and the surrounding properties
• Harbour Passage
• Loyalist Plaza redevelopment
All other assets and liabilities of SJDC will be assumed by
Develop Saint John.
Unlocking Real Estate Development Opportunities And Strategic Growthntial I The Recommended Path Forward for the City of Saint John 11
Develop Saint John will establish a clear set of Key
Performance Indicators (KPIs) to measure success and
will report regularly to Common Council and the Growth
Committee on the effectiveness of its approach. The
agreed-upon KPIs must reflect the funnel of opportunities
being developed or leveraged by Develop Saint John.
In this case, it would be instructive to work within the
framework of the AIDA funnel, which is a common business
development model that tracks prospects as they move
through the lead cycle, from awareness to interest to desire
to action.
• Number of interests expressed in development
opportunities in Saint John.
Number of leads pursued by Develop Saint John that
decide to proceed with development.
• Number of high impact strategic projects successfully
put into action by developers.
After this initial phase, KPIs will be expanded to include:
• Level of adherence to Saint John's city -building
objectives, including PlanSJ, the Roadmap for
Smart Growth, and the Central Peninsula Primary
Development Areas.
Economic impact of projects in Saint John, measured by
It is a given that as Develop Saint John grows and refines
its mandate, the KPIs used to measure the organization's
success in adhering to that mandate will change as well.
Additionally, it must be understood that tangible success
cannot be achieved without a sufficient and appropriate
operating budget.
In the initial phase, tentatively understood as all of 2018,
Develop Saint John will set KPIs that map to:
Number of outbound contacts to potential investors
and developers. It is essential for a proactive
organization to measure exactly how many sales calls,
developer visits and business assists it engages in,
lest it slip into the same reactionary habits that the
current agencies and departments suffer from.
KPIs are an important way for people both inside and
outside of an organization to measure its relative success
in achieving its goals, but they must be flexible in nature.
Analyzing these measures should be part of Develop Saint
John's annual self-assessment, and also part of the city's
annual mandate letter and consultations with individual
organization members.
Unlocking Real Estate Development Opportunities And Strategic Growth S7Vtial I The Recommended Path Forward for the City of Saint John 12
>>Profitability of each individual venture
Awareness
>>Building permit values in the city
>>Dollar value to the economy generated by each
separate construction project
• Land sales revenue. This number likely will not be
huge, as the City of Saint John has limited municipally -
owned land to leverage, but it could be a solid
- Decision
indicator of a proactive strategy for development in
the community.
A ctio:� ,"
Identification and pursuit of 5 strategic real estate
opportunities annually, including at least 1 drawn from
the 10 high -impact property areas identified by the
Growth Committee
It is a given that as Develop Saint John grows and refines
its mandate, the KPIs used to measure the organization's
success in adhering to that mandate will change as well.
Additionally, it must be understood that tangible success
cannot be achieved without a sufficient and appropriate
operating budget.
In the initial phase, tentatively understood as all of 2018,
Develop Saint John will set KPIs that map to:
Number of outbound contacts to potential investors
and developers. It is essential for a proactive
organization to measure exactly how many sales calls,
developer visits and business assists it engages in,
lest it slip into the same reactionary habits that the
current agencies and departments suffer from.
KPIs are an important way for people both inside and
outside of an organization to measure its relative success
in achieving its goals, but they must be flexible in nature.
Analyzing these measures should be part of Develop Saint
John's annual self-assessment, and also part of the city's
annual mandate letter and consultations with individual
organization members.
Unlocking Real Estate Development Opportunities And Strategic Growth S7Vtial I The Recommended Path Forward for the City of Saint John 12
After approval by Common Council, an aggressive timeline
will be followed in order to positively position Develop
Saint John in the community and prepare the organization
for success.
August 31st
Finalization of transitional budget for September through
December, currently estimated at $95,000.
Memorandum of Understanding developed and executed
by the City of Saint John, Saint John Industrial Parks,
and Saint John Development Corporation detailing their
respective roles in the transition.
September 15th
Board members identified.
October 1st
Develop Saint John commences transition period
operations and begins analysis and work on key strategic
projects.
October 31st
Finalization of 2018 operating budget, currently estimated
at $850,000.
Development and finalization of Human Resources plan,
concurrent development of detailed job descriptions and
skills documents as well as recruitment of team members
Amendment to the Supplemental Letters Patent for the Saint
John Development Corporation to change mandate and name.
Develop organizational structure and change management
plan, complete specific planning tasks including:
• Identification of vision/mission and goals
• Determination of KPIs
• Building fit for purpose organizational structure
Definition of roles and responsibilities
December 31st
Completion of communications documents and materials,
in particular the Develop Saint John website and customer
relationship management system.
Saint John Industrial Parks will conclude its operations,
and the City of Saint John will absorb all aforementioned
internal and administrative activities of Saint John
Development Corporation while transferring externally -
focused activities to Develop Saint John.
Working in partnership with Saint John Real Estate Board,
Develop Saint John will establish a database that includes:
• Available city -owned industrial and commercial real estate
Privately owned industrial and commercial real estate
• Residential properties in priority areas identified as
underutilized or undervalued
Unlocking Real Estate Development Opportunities And Strategic Growth:38,ontial I The Recommended Path Forward for the City of Saint John 13
Saint John is finally in excellent position to experience
and encourage a sustained level of growth and real
estate development. The city is buzzing with energy
and excitement, but that enthusiasm must be channelled
into a coordinated, proactive development strategy that
concentrates on building Saint John's economy, growing
its tax base and responsibly leveraging the numerous real
estate opportunities available across the city.
The easiest way to accomplish these goals is to create a
new organization with an explicitly entrepreneurial culture
that is tasked with seeking out development opportunities
and partnering with and aiding developers inside and
outside of Saint John. Develop Saint John will be a distinct
organization with close ties to the city, and it will lean
heavily on direction given by the Growth Committee and
Common Council with regard to its mandate, objectives
and key performance indicators. It will also address specific
needs and city objectives laid out by documents like
PlanSJ and the Roadmap for Smart Growth.
Saint John has ambitious growth goals, and the best way
to meet them is by empowering an equally ambitious
organization to pursue them. Population growth, employment
growth and tax base growth are all interconnected, and
properly leveraging real estate development opportunities is
a crucial piece of the growth puzzle.
Unlocking Real Estate Development Opportunities And Strategic Growth :361ntial I The Recommended Path Forward for the City of Saint John 14
As part of his efforts to make the overall planning process as
transparent and inclusive as possible, the Director Strategic
Real Estate consulted with dozens of community, municipal
and business leaders from around Saint John and beyond.
These key stakeholders all offered valuable strategic insights
that informed both process and conclusions, and included:
• Members of the City of Saint John's Growth Committee:
Mayor Don Darling, Deputy Mayor Shirley McAlary,
City Manager Jeff Trail and Deputy City Manager, and
Councillors Lowe, MacKenzie and Armstrong
• Saint John Commissioner of Planning and Development
• Saint John Deputy Commissioner of Planning and
Development
• CEO of the Saint John Parking Commission
• Board of Directors of Saint John Industrial Parks
• General Manager of Saint John Industrial Parks
• Board Executive of the Saint John Development
Corporation
• General Manager of the Saint John Development
Corporation
• John Bigger (Manager of Real Estate and Property
Development at UNBSJ)
• Terry Conrad (Conrod 4 Economic Development
Agency Review)
• Multiple staff members at Saint John Real Estate Services
• Executive Director and Board Members — Saint John
Real Estate Board
• 12 major landowners and developers in the city
• 6 potential landowners and developers interested in
Saint John
Additionally, the Director Strategic Real Estate reviewed all
of the feedback that members of the Growth Committee
received from their meetings with developers earlier in the
year. He was also able to attend two meetings of the City's
Strategic Land Committee.
The Director Strategic Real Estate sought the in-person
advice and input of several economic development and
municipal real estate experts across Canada, including:
• Representatives of the federal and provincial
governments
• Members of Build Toronto, including the CEO and VP
• Executive Team at Expansion Dieppe
• Former CAO of the City of Halifax
• 8 developers spread across Moncton, Halifax
and Toronto
The Director Strategic Real Estate also ran two half-day,
facilitated workshops that aimed to answer the question:
"How might we align our real estate efforts to grow the
city's tax base?" There were 14 participants in total at
these sessions, including board members and staff from
Saint John Industrial Parks, staff from the Saint John
Development Corporation, staff from Saint John Real Estate
Services, senior city staff members and a representative of
the Saint John development community.
Unlocking Real Estate Development Opportunities And Strategic Growth :382ntial I The Recommended Path Forward for the City of Saint John 15
Throughout the course of this consultation and planning
period, the Director Strategic Real Estate also committed
time and resources to extensive reviews of best practices
from other municipal bodies and arms length economic
and real estate development agencies around Canada
and North America.
This research approach was complemented by in-depth
consultation with the Economic Development Association
of Canada and the International Economic Development
Council about each organization's best practice model
recommendations. The towns and cities researched included:
• Surrey, British Columbia
• Edmonton, Alberta
• Thunder Bay, Ontario
• Ottawa, Ontario
• Toronto, Ontario
• Dieppe, New Brunswick
• Halifax, Nova Scotia
• Port Angeles, Washington (U.S.)
• Rochester, New York (U.S.)
Unlocking Real Estate Development Opportunities And Strategic Growth:3nntial I The Recommended Path Forward for the City of Saint John 16
,))
UNB
EsT.1785
UNIVERSITYCF NIEW BRUNSWICK
July 9, 2017
Mayor Don Darling
City of Saint John
15 Market Square
Saint John, New Brunswick
E2L 4L1
Dear Mr. Darling,
Be apart of The UNB Saint John Golf Classic!
The UNB Athletics, Recreation and Wellness Department is excited to host The 2"d Annual UNB Saint John
Golf Classic on September 8, 2017. All proceeds will benefit the Seawolves Varsity Athletics program. The
Classic will take place at the picturesque Westfield Golf and Country Club with a shotgun start and four person
Texas scramble format. Registration for classic participants will include green fee, cart, swag bag, dinner and
prizes. Check-in begins at noon and tee -off is at 1:00 PM.
Last year's golf classic raised nearly $3,000 that supported Seawolves student -athletes by way of equipment and
transportation. Through the continued support of last year's sponsors and a growing sponsor list, this year's
goal is to raise $6,000. This will aid in the area of scholarships and non -conference competition.
We invite you and 3 City councillors to join us by becoming a Team Sponsor. This sponsorship will provide
the City of Saint John with signage at one hole, includes a round of golf, a meal and much, much more. In the
accompanying package you will find a sponsor form that lists the different options along with the benefits of
each. If you would like to join us for this worthwhile initiative, simply complete the attached form and return
via email to nkellyLa�unb.ca by August 10th, 2017. If you have any questions or require additional information,
please do not hesitate to call or email.
We appreciate your consideration of this request and hope to see you at this year's tournament!
Sincerely,
/V
Natasha Kelly,
Enc.
I..INIVFRSI FY Of IJFW F,RLMSWICK
PO BOX 5050
Saint John, NB
Canada L2L 4L5
IJA FASHA KFI...I...Y, F,RSS, IDL) F
Varsity Athletics Coordinator
506-648-5942(0)
506-721-6294 (C)
nkellygunb.ca
fizi7.l
IEST. 1785 UNB
Saint John
2nd Annual Golf Classic
Friday, September 8t", 2017
Westfield Golf and Country Club
it?E:161
SPONSORSHIP
OPPORTUNITIES
Option
Price
Includes
Team Sponsor
$625.00 (cash)
• Registration for one team (4 golfers);
• Signage (18" X 16") at one hole of golf;
Promotional opportunities at designated hole;
• Opportunity to offer samples, coupons, or
advertisements in golfer "swag bags";
• Recognition during on air interviews (Acadia
Broadcasting);
• Recognition during banquet; and
Recognition on eventsponsor board.
Hole Sponsor
$250.00 (cash)
• Signage (18" X 16") at one hole of golf;
Promotional opportunities at designated hole;
• Opportunity to offer samples, coupons, or
advertisements in golfer "swag bags";
• Recognition during on air interviews (Acadia
Broadcasting);
• Recognition during banquet; and
Recognition on eventsponsor board.
1St Place Team Prizing
$240.00 (in-kind)
0 Signage (18" X 16") during banquet;
(4 X $60.00 gift cards)
• Opportunity to offer samples, coupons, or
advertisements in golfer "swag bags";
• Recognition during on air interviews (Acadia
Broadcasting);
Recognition during the announcement of the
tournament prize winners; and
Recognition on eventsponsor board.
2nd Place Team Prizing
$160.00 (in-kind)
• Signage (18" X 16") during banquet;
(4 X $40.00 gift cards)
0 Recognition during the announcement of the
tournament prize winners; and
Recognition on eventsponsor board.
3rd Place Team Prizing
$100.00 (in-kind)
• Recognition during the announcement of the
(4 X $25.00 gift cards)
tournament prize winners; and
Recognition on eventsponsor board.
Best Dressed Team
$80.00 (in-kind)
• Recognition during the announcement of the
Prizing
tournament prize winners.
4 X $20.00 gift cards
Longest Drive
$50.00 (in-kind)
• Recognition during the announcement of the
2 X $25.00 gift cards
tournament prize winners.
Closest to the Pin
$50.00 (in-kind)
• Recognition during the announcement of the
2 X $25.00 gift cards
tournament prize winners.
Straightest Drive
$50.00 (in-kind)
• Recognition during the announcement of the
2 X $25.00 gift cards
tournament prize winners.
Most Honest &
$50.00 (in-kind)
• Recognition during the announcement of the
Marshmellow Drive
tournament prize winners.
2 x $25.00 gift card
Silent Auction Items &
In -Kind
0 Recognition during the announcement of the
Prizes
tournament prize winners.
it?E:161
2nd Annual Golf Classic
In support of the Seawolves Athletics Program
ST.17 Friday, September 8'", 2017
Saint John Westfield Golf and Country Club
Please make cheques payable to: For more information, please contact:
UNB Saint John Athletics Natasha Kelly �,n,kellyC u,nbc 1506-648-5942
UNB Saint John Athletics
PO Box 5050
Saint John, New Brunswick
E21- 41-5
191.11.1
GENERAL INFORMATION
Company Name:
Contact Name:
Email:
Address:
City/Town:
Prov.:
Postal
Code:
Phone:
SPONSORSHIPREGISTRATION
Fax:
Item
Number of Golfers Included
Price
Selection
Team Sponsor
1 Team/ 4 Golfers
$625.00
0
Hole Sponsor
None
$250.00
0
Silent Auction/Prizes
1 Team/ 4 Golfers
In -Kind value >$625.00
Silent Auction/Prizes
None
In -Kind value <$625.00
Team
1 Team/ 4 Golfers
$500.00
0
Individual
(single golfers will be added on teams
to create a team of 4
1 golfer
$125.00
0
TOTAL
Team Members:
(golfer names)
Are you affiliated with
Seawolves team? (please
circle
YES
NO
If yes, which team? (Please
circle)
Women's Soccer
Women's Basketball
Women's Volleyball
Men's Soccer
Men's Basketball
Men's Volleyball
Please make cheques payable to: For more information, please contact:
UNB Saint John Athletics Natasha Kelly �,n,kellyC u,nbc 1506-648-5942
UNB Saint John Athletics
PO Box 5050
Saint John, New Brunswick
E21- 41-5
191.11.1
SUBMISSION TO COUNCIL FORM
Ile city of Shin[ plin
ABOUT PERSON/GROUP PRESENTING
First Name: Ben Last Name: Zayandehroudi
Name of Organization/Group (where applicable): Saint John Sea Dogs Hockey Club
Mailing Address: 99 Station St. Suite 200
City or Town: Saint John Province: NB Postal Code: E21 -4X4
Day Time Phone Number: 506-636-0805 Email: BenZ@SJSeaDogs.com
❑ If you do NOT wish to have your personal information (address, phone number,
email) become part of the public record, please check this box.
ABOUT YOUR SUBMISSION
Topic of Submission: Beer Garden for upcoming Sea Dogs FanFest
Purpose for Submission (what is the ask of Council): Permission for Beer Garden at
Kings Square on Sunday Sept 17 for Sea Dogs FanFest for Season Ticket Members and General
Public
Executive Summary: We are launching our first ever and hopefully annual Sea Dogs Day at
the Park (Kings Square) — it's a family & friends event 1 week prior to our season opener at
Harbour Station (Thursday Sept 21). We are organizaing food trucks, face painting for kids,
boucey castles for kids, autograph session with our players & coaches, live music bands... and
we like to have Beer Garden for Moosehead to offer beer for 19+ adults. We will run the
Fanfest regardless of the Beer Garden but we think adding this Beer Garden will be great for
those in attendance and draw bigger crowd. This can be a signature event annually in Uptown
and bring big crowds to Uptown for local businesses.
YOUR SIGNATURE
Signature: Ben Zayandehroudi, VP Sales & Marketing Date: 2017-07-31
r^
1'Il1L My of sai t,'ro➢n.n
August 8, 2017
Deputy Mayor and Councillors
Subject: Last Chance Agreement
The Committee of the Whole, having met on August 8, 2017, made the following
recommendation:
RESOLVED that as recommended by the Committee of the Whole, having met on August 8,
2017, Common Council approve and authorize the Mayor and Common Clerk to execute the
unredacted version of a Last Chance Agreement in the form presented to Committee of the
Whole in closed session at its meeting of August 8, 2017 the redacted version of which (in
accordance with the Right to Information and Protection of Privacy Act) is attached to
correspondence from Ilh llis Worship, Mayor Darling, to Common Council, dated August 8, 2017,
Sincerely,
Don Darling
Mayor
SAI� 110Th" �.IIIBox�i "'1 «�winti dhn,P4B (""a�aada Eel LI � �5wu���°��r.,��°�w�C.p�s4°Mr��.�°.mx � �;'I�" f�a 'D1 s"inl4��;w;v l�R�. ��:ln')) a F� "1'Sti..
388
August 8, 2017
Deputy Mayor and Councillors
Subject: Aquatic Golf Driving Range Lease Extension
The Committee of the Whole, having met on August 8, 2017, made the following
recommendation:
RESOLVED that as recommended by the Committee of the Whole, having met on August 8,
2017, Common Council authorize the Mayor and Common Clerk to execute the Lease
Amendment #2 attached to M&C 2017-196.
Sincerely,
Don Darling
Mayor
de°14
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�,
389
August 8, 2017
Deputy Mayor and Councillors
Subject: Safe Clean Drinking Water Pro'ect — Saint John West Milestone
The Committee of the Whole, having met on August 8, 2017, made the following
recommendation:
RESOLVED that as recommended by the Committee of the Whole, having met on August 8,
2017, in consideration of the execution of the Release generally in the form as attached to this
M&C No. 2017-208 by Port City Water Partners, that the City amend the Project Agreement
dated February 4, 2016 between The City of Saint John and Port City Water Partners related to
the Safe Clean Drinking Water Project to change the definition of the "Saint John West
Milestone Completion Target Date" from "June 28, 2017" to "November 15, 2017"; and that
the Mayor and Clerk be authorized to execute Amending Agreement No. 1 generally in the form
attached to this M&C No. 2017-208 in this respect.
Sincerely,
Don Darling
Mayor
SAINT 11014N 0. B "iµ9' '1 ��"kitJwm�i°mw°ui, NB aimd �w Ill i �M11 w� w sain
� � o'iwww.iu.a CP, 1971 saint UIoimnN lll',i3� Canada f..,.".Ii..4J
August 8, 2017
Deputy Mayor and Councillors
Subject: Contract No. 2017-15: Fairville Boulevard Linton Rd. to Plaza Ave. & Outfall
Storm Sewer Improvements and Manawagonish Creek Channel Upgrades -
Update
The Committee of the Whole, having met on August 8, 2017, made the following
recommendation:
RESOLVED as recommended by the Committee of the Whole, having met on August 8th, 2017,
Common Council authorize the addition to "Contract No. 2017-15: Fairville Boulevard (Linton
Road to Plaza Avenue and Outfall) Storm Sewer Improvements and Manawagonish Creek
Channel Upgrades", of the Manawagonish Creek Channel Upgrades described therein, upon
portions of land comprising approximately 2,098 square metres of PID 55177992 and
approximately 6,326 square metres of PID 55167282 each owned by 048017NB Ltd. at a cost of
$145,000 including HST.
Sincerely,
Don Darling
Mayor
,a
M 1114/ srfhd �vN,j, 14R1, 11"2`. V I11Y1�„;kYlUll.O 'a 07 ij v�V II`t:AVII�, ”' h" 1� T11, "I
391
August 8, 2017
Deputy Mayor and Councillors
Subject: Canada 150 Community Infrastructure Program
The Committee of the Whole, haying met on August 8, 2017, made the following
recommendation:
RESOLVED that as recommended by the Committee of the Whole having met on August Stn,
2017, Common Council approve the execution of the Canada 150 Infrastructure Program
Agreement conditional upon the recipient contribution funds being received by the City from
North Market Wharf Cultural Association and confirmation by ACOA that such arrangement is
acceptable and further that the Mayor and Common Clerk be authorized to execute the
Agreement.
Sincerely,
Don Darling
Mayor
G�
SAINT i
1COH F10. Box 1'97"I i�ui���t,J�����m��i��i, III': �":�dl��+.b IP JII ���..1' ���w��. ��n��rdq;��p�m.� � [ � .III3, 11971 'S'Atl, ��.hv� , N. -B, G lnias.�k
. mm 39
11
August 8, 2017
Deputy Mayor and Councillors
Subject: City Manager Performance Review
The Committee of the Whole, having met on August 8, 2017, made the following
recommendation:
RESOLVED that as recommended by the Committee of the Whole, having met on August 8,
2017, Common Council adopt the following: That the City Manager's performance be confirmed
to be meeting expectations of the role and that his salary be adjusted as per section 5 of the
contract between the City of Saint John and Jeffrey Martin Trail.
Sincerely,
Don Darling
Mayor
el
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393