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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&paration 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. ��l/P""� y � a�„� n � ✓ill/1�� � � �i�� �� ✓�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 0 m 1qj li u :�5 IM 0 AA IDI auuuu 10, um .. . .. . .. . .. . .. . .. . .. IVO udi 4) Itf? :2 loll 4u , rip E V7 Q'i mm U rI WNW 0 CL Ad tin LL >1M AA IDI auuuu .. . .. . .. . .. . .. . .. . .. 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J (� cn Q 0 02co ■� O O O O N 'O cn N /V �_ =3 m 70>' �, E U O � N E N O CO N ca •L N c N N U U O O O) � Co }' ca O +� Q U' W O O� cn m 4 --ca T U L O 0 c �L .w U Q U cn 0 C`• N }' ca ca °; O U N0 CU m (� U N � Z U E � a) O O c� � � L � to x � O N U }' N `� Q V L cn a� r• E cu C��E 0 O +� L co � � � O }' O � � O N N U T O Cfl N N o + O O E Om O O (� o —L 3: c: O }' � U O 0 cuN O U z 0 L a-=; N cp a) 4-J 4-J 0 .. O V c� �•— — 4J E O Ln 4-j >, •— O 4-J O -0 _04J rz -0> v v > '4-j 4J Ln V O 4 > cn -0 cn � -0 (V 07 Ln V Ln<O V4 -j Ln Lu 0 0� 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 PAII)l Ql 77,Ho�lnq In .4 r-- E .......... OR Lill A P, low", J/1 �t/,,,,,/,Y?, I PI I ��, - 1 — 11 IT jj 45 1-3 .................... by Pk/ ir" "n, I 4/,t OZ. LO its U) Jf`m/ z, I Cm,", ly, 10t 15 TWO 2/2", U Id/ CNA m psi J, I AK1111-11 I"I"(11IN 11,11,11,/P.1 j& aa t 11I.ItJ c7 �jn con N N U) co a� O U) c Y O O O O N U U Q N U) co N F. F. F. m N 0 I Key Plan Battle - 150.000 Legend 0 SMF- Standard am,my rharker f -hp (D CALC - Cabaret"'pain[0 RIB- Round Imb, bar la und 0 SQ,B-Sqm :.=� be, fmaral 0 Ra - Imn pi .ON Tabulated Wardhate rafandrade — L-dodankadthbydib phan Notes 1. AN panneurtatiche pa"n"dand "'B" droarn am Road on Bar NB Mr—graphlo dealer, pbaleaddn and th. (CSRS) allintold a, prebend by Swell Naw EkunwA&a Adjusted Odd Monument 81. 2 AN distance shown am Win distancre m1claped . charbared = !W-61hring Rabid rambn HT2. . 3.AN dredgm... 1,159ridealhadh.addabl.had Uaj.g GN88. a.D—rawd and plan numbers refereed Ra am thean .1 the hbd Mate p, -drdy dairy office. 5. C.0 -don is net made .s w legal HR.. Wag the d-1- at . I -ml, nor 1. the —Ing A -fiane, bylaw. err being the d -.M at. d.Wparetra ,da - 6. C.0-fla. 1a that ad. - th —.hft oat out In ft daeurreat(e) W be, k—d- nand und.,grahal T. Ptalphared kdamadma ad dallthand aam., Irdonnadon waadarhatalfbarn 'NO haderd., 0. A. —al hereby, the —rd Ctalffyhal —an an axpreadca, of the pandalkawar prefaaaaand UpkAda Re the Read of Red h0 of arrnaledge and befief and does not annaditute a ate"'"Ry w guabahare by the donsuftaft 9. FWd —M am. -ananded In Jden 2016. Purpose of Plan . T.—Minew 1.1. mmmmcm� NB Grid Coordinate Values PoIrdlatating Northing Rarrearint 12.W -WN AM 7355585.8w sms 22MR121A33 73MAN.166 ams 32525732.838 7355001.378 SM 42525'6?M4 7355041 291 SUS 7, 14 252 B203 8 " rM903,736 M—HPN-Caq 200812528055.435 7357890A39 M—HP14,0139 i PlI&I Subdivision Plan R—ader Rar—ach Regional Regional Regional Development Development Development Corporation Corporation 35784333 Corporation Document 35784383 PIDO0412180 PID 00412169 Subdivision King William Road, Saint John, Saint John County, NB Title Date BD 00412189 0-1. R"b.1 Dedelop—h Ca don Dacuman135784363 Rraghbared: 2016-03-23 F DON -MORE mmmmcm� NB Grid Coordinate Values PoIrdlatating Northing Rarrearint 12.W -WN AM 7355585.8w sms 22MR121A33 73MAN.166 ams 32525732.838 7355001.378 SM 42525'6?M4 7355041 291 SUS 7, 14 252 B203 8 " rM903,736 M—HPN-Caq 200812528055.435 7357890A39 M—HP14,0139 i PlI&I 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 411" '11'4k 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 � M111 u L- 0 4- 0 • Ln c 0 Q) rqO W E U U °' •—D x x -00 1 D C x a -- x • — E c� +, m Z< z U C: � O 1 4J a--� Lf) Q) O -0 V) Q O O r u s� u O O a -J L- 0 CL a -J U C6 CL E .E O O LU Q0 O N U • N ro UOro 4-J U •� Q CIDN O 4-Q U c6 N U cn O C U u N +� CID•� U c � •U C O C: a --r C6 ul C :, C6 + CID o m CL 0 0 L z Q) CID CO _ v o � �! - z O o a)c � � .20 � = 4 • - c M (1) •> O U . n_, W •� E •� U J O aJ 0_0 0 f6 •� Lf) N }+ a--+ � O U O O N nr000 C"' CID (Dcn a ID � f6 � 4-J � 4-J O O U C =3 4-J Ln a--+ U a--+ a.jO U a--+ E aA •E U O U C:O N N •E Ln E - =3C6 C� U O o E aA • E o u 0 � E Ln ro C7 O '— '— '— a)U OC 0 E E E CO �_ CSA -0v O O LL U M • � • C: •— � i!)- i!)- V)- 0 Q f6 cn 4-j O • • • U aA n 0 V) Ln W O O a -J L- 0 CL a -J U C6 CL E .E O O LU Q0 O U m ^^E ro � ro J ^ •O 1 .ro ro U+, o 4-J � O N O L- >- O W to C a�+ a -J O U > ro • (o 1 .O -0 O L C6 a--+ O O +-j O N U `~ro Ul)O C> •� Ln a..+ •� > Q O O N ca }, •o •� }' c — w +� + _ +-+ . _ O a Q > }, v N GJ •- L Hru ru U O +-+ Ln Ln N L O s Q EO t ca Q •� to 4J O +-+ N N — •Ca U 4-J N 4J N N O L Ln N `� O C6 NroQ O U 0 Nb.0 i Al '� • • A7 Q) fu Ln • a -J E 0- 0 O 0 N E Ln O � U 4) 0 O 0 O � � O E •v, O O X E cL) O N O U M a -J UCID •O N •— O Q LA 0 X O n NOOO, i Al '� • • A7 Q) fu Ln • 4) 4--J m E Ln III 2 C: C: r. 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C:aJ � iJ O CSA a -J U •� +�-+ O •i aJ U O • rv04-J c6 � O i a-�+ p 4-j Q C6 4-j� -0• • • • V) a) a W Z 00 Fo Lf i • L Lfi 0 Lfi L U 00m •� rO � co Q (.O ro o a� o .. V 4-J to C6 Z ,1« lZI+, 1�0 e. " 4 9c� UD W e. " 4 xv q7vau,3; ...... .... � � � � � : . . \�� lo, ^ �' \� / . El�\��:,^ � \� � � �� xv q7vau,3; lo, xv q7vau,3; O L U � O O O O C u i � 'in cn N � N � VJ u U C� 0) c 0 N d In H C O Im y7 Ca 0 v M N z R O N 0 14W O N O M 11 O Z 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 ff "'S l7t"J377/ Yr JW r i O co WeED r � d LL LO 0 ��� 0 m 1 M t� �+ r r G 0 it i Ag co G i -i6 C a) Ri C a) a) a) L Ln vm� ED00 K J 104 L �5 I) 10 }N AMY, CL L. " CDD� ..p... LL R5 N co Sm WSW vyW W v4 W0 aW 00 p p p PC, p p p . . . . . . . . . . . . . . ............. 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N z p w x t x xtct d Q x `tttr\ �.\ f % t,drC. o4S... �! ,. ! ,. ! ,. °�A�,.. 4i... �.A,'�„ �,',,,,� ,kit J t✓'�� ° ix ax.� .. ' ¢.`'......� � i.t, .t�t,t\�7t<•tt t•`t•tt NHI�II'I ,77 sae tt IIIIIIII �� tt b u � i ���� > 4°�':�Y �ELt aaaaaaaaaaaaaaaaaaaaaaaaaaaa 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 o o � x 0 b fi im 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 => ---r- it 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 . .. . ............................................................................... 11t Pi RECEIVED BY: APPLICANT EMAIL PHONE Rod Crowther Kingval@nbnet.nbnca 506 847-2878 Z 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 Z 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 193 A ossz fie- ��� I a ,01 aI . ! 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N O N c _ �s i z h a .IVI IIII II uV I'�I I I" �.. }I li dl�i.V II � l„1I V 17 1 III Gill ¢ H l l l l 1 tl l f 6 II o jl tl Il YII3 Ills loll C Cl: l yv p B. ^^l ill I 6IIIr.®�l l ilil !Y sl n Fm ILL X114 I IIII, Ifl l l p v,, ” r I l II 9^ It'll l y l l`I�11 V° drill Il l 41 l 111 V ILi e Ili l •,011j� l u un I ll�� i�l � � ° Vglluu � q�C °' � �i PI�rpl c� llu IL,,II dl0uq V l I l.l� V u r l l e � O -I Io��I, Ir 0 N 'IT 0 N z IL (n -CE UA (L Lu w i. w 'IT 0 N 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 1 � � ^E&� � � � * 5TRo y ..... . ..... Ik iw m .mJ NO, 0 ffiL L 4=0 Cl) L 0 s N p + . Q L _� Q O � N � .G� j O N 0-0, v v v N Q 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 -NlVc' C: 0 C: 0 (Y) N VNE El m IS DNI�JDHIVO INNS 7Z y m C7 N l+59 11 , a) CD 1.00 > OM a� c!a 0 c c Cu 0 c.� m .2 v a) cn C7 N CD a) CD > c!a c c ci LL E E 0 75 M E 0 E E o E o CD o () zea c CL .cu c o LE N q N 0 P*1 Ai N 21 olk' rly 3 v 0�1 Ll rl �Al 3rn 2 fla am. 21 z ,3fl IWt 21 s, `,JI". is I !EL Pa 41 W F qtr, ,Oise" oo p9) 900 g4 -jP dD wau 9 6,11 �Al —1c CID 84 7 R a' 1!4 �k q r Ilo if ;z ., g 2 4 % ecr 12 CL §^a p P , �� 6 -3 a U IS 15 og 'I V, 70' 0 qg, 14, 45 41 rA 0 NIZ 0 T 4 .... ........ 234 olk' rly 0�1 �Al s, `,JI". is I !EL Pa 41 W F qtr, ,Oise" oo p9) 900 g4 -jP dD wau 9 6,11 �Al —1c CID 84 7 R a' 1!4 �k q r Ilo if ;z ., g 2 4 % ecr 12 CL §^a p P , �� 6 -3 a U IS 15 og 'I V, 70' 0 qg, 14, 45 41 rA 0 NIZ 0 T 4 .... ........ 234 olk' o 235 2 .7 At 236 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 Kf-YSIOAEPL m OA A 1S 3NN1 IH -LVO 1NIVS 74 L� YZ mm "Ovo GI O7 C7 N 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 MA 0A - t O pd 'SAX W �p 4 ...t.,.5 I .................. -fill fill ad I s t o CL .................. -fill fill ad I s t 0 P(nq! . . ...... . ... ....... ..... . ....... ... .... . ..... MIEMUI-COI-c&, 245 246 y�> „o, 1 /✓ rdfylllY✓;�//r1 1 / rrrr„%%� �ii1%r 3 . . . . . . . . . . . . r iii/ ily, OF r/ � X torr / m /U✓ r �i ”, /// /�% ✓ ✓ �„�' 'DJ o, r / u' k r'r'li,i r/ice , Wl r/M9 I i d�Gr. , �Si✓ i %; /��� �/3� ' ,.. ' /� " / „rraG � �;,,,, /r i �J�(��1°�r r „ /ii„ gy .rW�' y 1i�/i// �' li�%h iii , ra✓/ /%%/ j// r ,,, 411/1, J ri " / r //%i xr „�y n�,,� , , , % hR�l>/ ���� �a%� �` r✓ � , � � !GUI w� f ggfl%'// lw Aflisi 'o ar ylr� ety�d r / �% /r �/ ✓ ✓/r d;,, ti 'IT N 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 - CD cn m ci z = c = V az o n " u v @a '; a � rn z a o Q �oz` 2 t >@ g n m L y V W� ycm mi g 4m nes a Q C em 5 .sem $;�S va .9,mm'4r°o Enm u o'o Ug ip 4 z F m Ea'P4t m rrrri-rrnr m g .m+ y�v, c rc o EK N -f- o�n:=oS-o zV Cfn Cr a _S�e g o p' S� o��"=� T $ a Qomo� m \ Yn vrc "v`z ,Lg E� £ °'f' $Ecg ocEa w 'na-"Ilea yvy 0 r-0) 8 _H11vc o� ��rynmrNe-s L 'e Y gm I (�n ° 8 E'HUM s� Z Nc LNo[Cn�Pgo EE a o 0C LiS7coO R!e � 2, 3'a `-<�R �0 4 aoitli.7 o Z u UNIUS p U am mmmm a0 np m PM & M -n„ �JN m N a a o\ ` CVDp r c oa \ -o ��"Z. "%, b s` 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 I �1111, A "C4L�lu c4t this LµMQ_aay of 2 0 121- 4 �antat�sMtcer 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 w I w I w w I w I w I w w 6 0 1 1 0 CL w 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 I aIg� L) On w z 0 SCY2, rL LI) I m u I aIg� L) On w z 0 rL LI) I m u I I aIg� L) On w z 0 'Putytl rL LI) I m u I I 111 6 0 1 1 0 CL 0 y...1 0 CL LY,2 z 0 I m u I aIg� L) On w z 0 Zi,tytl rL LI) I m u I I 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 .—I N N 00 t� " N N Ln L L .--I r3z r3z� c-Ic-Ic-IN00Ol i b �--� �--� —j ��aaa CL CL a) a) 0 a) a) } } fl } } } O 0 0 O O O i O O U cn cn _ a_ n- 9! a aC: c cE o 0 0 °�' > > > E E E E E E E E E E C E E E E E E O O O O O O O O O O m O O Ei O O O O U U U U U U U U U U U U U n_ U U U U .—I N N 00 t� " N N Ln L L .--I r3z r3z� c-Ic-Ic-IN00Ol i b �--� �--� —j ��aaa CL CL Q E O U Q a E 0 U -0 a, 0 n O o a) C7 cl cl bn Lu ;�� a) a) m O O E LU ,��a) m m +; C C EC: % r te m m % E _0/ / tin O Q i m � m O tinf t/ U E m (a j U U m 9 O mE ti Co m c7 mt c tem CO O O .2 u % OO H p .OE 9 E cCL ti O>olO cOCL aO Oti O "O a) COOO w > O c m c c o E c O c a c o �„ o O :p zu o ti O o :p �, O a o o i m a) a) n m_0 Z m Z Z o a a _i'' E O; c E O ra CO Fa Fa a m 7 Fa m F N Q 0 0 c � c c 3 o E c c vi m m m m�-� U bn C N N N aJ d W N i N a m m i i b4 ~Q ~ Q Q Q~~ Q~ Q~ m m CO o o m $ m m m o o m o m o o f E0 m i5 a) a�i-0 ami_0_0 �� �� ami ��.� nil ,0 ;° fl o fl o 0 o fl fl o fl o fl N N ('7 a) a) 0 a) a) O 0 0 O O O i O O U cn cn _ a_ n- 9! a aC: c cE o 0 0 °�' > > > _o _o _o _o _� _o _o 0 0 E= E E= E E E E E E Ei i w E E E m m Ln N FLn O m m O Ln O Ln m O Ln m M: of Ln 0 m m E 20 2 vi — O vi — — O — vi vi — vi — vi , n- — — v Q E O U Q a E 0 U -0 a, 0 n O o a) C7 cl cl bn Lu ;�� a) a) m O O E LU ,��a) m m +; C C EC: % r te m m % E _0/ / tin O Q i m � m O tinf t/ U E m (a j U U m 9 O mE ti Co m c7 mt c tem CO O O .2 u % OO H p .OE 9 E cCL ti O>olO cOCL aO Oti O "O a) COOO w > O c m c c o E c O c a c o �„ o O :p zu o ti O o :p �, O a o o i m a) a) n m_0 Z m Z Z o a a _i'' E O; c E O ra CO Fa Fa a m 7 Fa m F N Q 0 0 c � c c 3 o E c c vi m m m m�-� U bn C N N N aJ d W N i N a m m i i b4 ~Q ~ Q Q Q~~ Q~ Q~ m m CO o o m $ m m m o o m o m o o f E0 m i5 a) a�i-0 ami_0_0 �� �� ami ��.� nil ,0 ;° fl o fl o 0 o fl fl o fl o fl N N ('7 0 o a) L E OR= 11 a) log cl O n> NA y N fu t C C C 3 / C L O Q to U v- U w CQ C CQC C CQC C CQC C CQC C CQC C CQC C CQC C Q C ._ O U O U O U O U O U O U O U O U 4J d v d 4J d O U 4J d v d v d aM o 0 .� N a 01 o r /t!1 / N N >, o / o L 4J O / L / f6 / /.0 L 4J C C / / / / (a j/ (a / fl' i fl' " VI 4J 7 / c Q to O Q Q Q/ Q i d i > o Cl O O O O ' % C7 ++ dj O O •� %, •� •� i / ' > % L / U f6 f6 b t10 � t10 COC / C •N / O N COC C •N O N COC C •N O N/- j r COC C •N O N/ GO j _0 7 bn � 7 Y Y U 0/ (n U (n U (n U (n U r Y Y L t10 Q / O L O v- // / r in / / O r ti U _ U L / / / / / O C _ N / f0 / / ._O N Q - L X / Up X / / � C / C O / .F.f f0 c � ._ / .� / (a O CL E f6 Q 0 � / / C v- / CL C / 9 4J :3 / / r X f6 O • O Z Q / U O Q O/ % N U / / / � bn C •� (A a)% % a) - / O Q r / / / / f O % -9 OiF5 / / caC: u, bjD `a- C / U0 � 0 � — r qp ca ti g Q /to a) to0 % ca Q > / C / O a) a) + ti % a) tCCo / O 4J i ++ N j „ O C�C C a) X // Q Q 0 Q 0 O o O U a)% n0 , :�' 4J ti //% ti O CL 0ti ; i0 •U / 0 Q > / Q / C O p Q GOO +-' / 9 ' C % % E (7 Q / r 0/ 7 i ti j ;� �� p O O Q� / / / C o O 9 O O�/� / O T L p X ti0 r •E C C: C O W -4+ U U %, / is U u is L d O ( N O •L u/ Q /f O ++ Cp � 4J C / i — Q X O Q / Q i U OU O C / `� `� O i D 9 /� to (6 7 O O a.a c CL j/ / N C/ O O Q C 4— d/ CL 4— W � / j l .> / a) > 4J w C U C f6 >CL %/ w t / i m bLo Ln to a) as N O b4E Q O O U aJ a aJ a aJ a aJ a aJ a aJ a aJ a aJ a bo as r, n cI O N o r, rV4 j j a) j/ a) / -0 -0-0 o' "z o /i i i�o E CL ! � 3 o �� ! 3 o � c: � / j/ —(a — Z / O E :3. 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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 N m E 10 m Y. N C7 C7 E O +J p +, cu4- mo 4� — � v O a CU � J Q 41 O_0 a) _ O O N E U, V% 41 L c N O (0 O C7 O v_i opo U U L c O v +� N X c +Q ate - CLN O N to d 3 m O N p Lnc U N N O O O c N co L O c N U 3 d v O 4a ''E NC -0O O v v N C O � a+ N L c O c dA m i 7 C N N O O O c Z Q t 4' c�'i� c t Y' t O dA N 4'i� N to '� -i a-' .� N L f6 (0 7 N N O 4- C Q to a)z �` c •(a 4% � C L +' U 7 N f6 N cn — do -0 L cn O .c c 00 O -0 -0`� Nco (0 4J N O +' Q Ln N E N N m O n N n L to *' N _0u N v N cu CL � ccu to c c > Q p O o O 111111110 mo -Fo mo _v CL 4� cu 4� cu to to to 07 lu UlUll (0 QC QC cu N-0 �cu � J D a=+ D IIIVm d C C N Q N N i d Nq LL E O O 3 N O L 3 3LL — U 0 -0 — RE U U 0 a O 0 LL > Q 0 Z 0 Illillll.ml O O O O N N N N mlllllllll � L cu L cu L 41 L 41 lllli N p -0 � IUI mml t N O N O N E -0 E O N O N -0 NE PWmr L cu cuU cu cu °J m co co c c O N O U N U N IIIIIIII 7 7 Z 0 O D D 'CE), VOµ aM.. M "i'r v: v:cuv: N: ..... dA .:. :. :" :" � in c O m u c 3�CO c m Ln mCc c m cc Cc cc IVIG mIII i cc.. � cc L co 7 p (0 c.. 7 to O c m c.. J ccs. N 7 n m 0 o> �: L L E° � � N N to o cu 0 N 0 C E cc m GI III y u C) L o I &:. &: cLn 7 cx" O cx. N co O Ln Ln mY flu mRr IIUV N C7 C7 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 S/iIP.'°wG�u ' 11N � �,"! Box, P"I � ,�,IUIY� �I4"��Iti 11""M11""M� :il uu.,,,�'v"4 �. ��, '��..�V N 1fl��a�,�.�IN"[iYjv ?1IVL" i$� C.. i° �I'°�"� a.�JfPul �f �U�"II,: Vlw�i •°'u �k ,,II,Yiw.,.�a, I'���.� ''i�i�...�i �, 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 4;A11'NT' I'N (1, °171l U, it n1, 1149 E' ��r�71 � vvyu��st)uT�dp�`���a�� 4"_t". 0 Tp .��.,,I� 1� 4 Vr,r�. II`" 114 i�rr J` 4 1 393