2017-10-30_Agenda Packet--Dossier de l'ordre du jourCity of Saint John
Common Council Meeting
AGENDA
Monday, October 30, 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 October 2, 2017 1 - 10
2.2 Minutes of October 16, 2017 11 - 15
3. Approval of Agenda
4. Disclosures of Conflict of Interest
5. Consent Agenda
5.1 Dog Control Service Agreement with SPCA Animal Rescue (Recommendation in 16-29
Report)
5.2 Proposed Public Hearing Date - 1157 Loch Lomond Rd, 1000 Sandy Point Rd, 30-32
1001,aerstead Rd, 408-418 Prince St, 34-36 Douglas Ave and 172 Manners
Sutton Rd (Recommendation in Report)
5.3 CN Rail Agreement Required for 2016-05: Tilley Avenue - Sanitary Lift Station 33-56
and Sewer Improvements (Recommendation in Report)
5.4 Request to Lay a Burial Marker at Church of England Cemetery 57-65
(Recommendation in Report)
5.5 P. Dashwood - Our West Saint John Well Water (Recommendation: Receive for 66-66
Information)
1 Poeta Sy: (L
5.6 Grant of Right -of -Way in Favour of Civic #440 Douglas Avenue 67-72
(Recommendation in Report)
5.7 Sale of Former LPP Mosaic Heights (Recommendation in Report) 73-76
5.8 West Side Splash Pad Funding Solution (Recommendation in Report) 77-87
5.9 KoreanDogs.org re: Dog Meat Trades in South Korea (Recommendation: 88-90
Receive for Information)
5.10 Saint John Amateur Speed Skating Club - Sponsorship Request 91-92
(Recommendation: Receive for Information)
5.11 Public Service Alliance of Canada - Canada's Airports (Recommendation: 93-94
Receive for Information)
5.12 Seaside Park Elementary School - Funding Support (Recommendation: Refer to 95-118
the Finance Committee)
6. Members Comments
7. Proclamation
7.1
Color the World Orange Day - November 6, 2017
119-119
7.2
The Salvation Army Week - November 13 to 19, 2017
120-120
8. Delegations / Presentations
8.1 NB Power Update 121 - 121
9. Public Hearings - 6:30 p.m.
9.1 Proposed Zoning Bylaw Text Amendment - Temporary Car Shelters 122-131
9.1.1 Planning Advisory Committee Recommendation 132-138
9.1.2 Zoning Bylaw Amendment - 1 st and 2nd Reading 139-143
10. Consideration of By-laws
11. Submissions by Council Members
11.1 Manawagonish Road Crosswalk Project (Councillor Norton) 144-145
11.2 Implications for Municipalities - Legalizing Cannabis (Mayor Darling) 146-147
12. Business Matters - Municipal Officers
12.1 Demolition of Vacant, Dilapidated and Dangerous Building at 36 Cranston 148-179
Avenue (PID#26658)
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12.2 Demolition of Vacant, Dilapidated and Dangerous Building at 2191 Ocean 180-202
Westway (PID #55015135)
12.3 2018 Water & Sewerage Utility Operating Budget 203-255
12.4 Daniel Avenue Traffic Calming 256-290
13. Committee Reports
14. Consideration of Issues Separated from Consent Agenda
15. General Correspondence
16. Supplemental Agenda
16.1 Request a Historical Review on Police and Fire Escalating Cost of Services 291 -291
(Mayor Darling)
16.2 Royal Canadian Legion Poppy and Remembrance Campaign - October 27 to 292-292
November 11, 2017
16.3 InnVest Hotels GP Ltd. (Hilton) Saint John 293-303
17. Committee of the Whole
17.1
Career Transition Funding
304-304
17.2
Recommended Appointments to Committees
305-305
17.3
Easement Acquisition for New Traffic Controller at PI D 00017624
306-306
17.4
TimberTop Adventures License of 14.7 Acres Adjacent Dominion Park
307-307
18. Adjournment
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City of Saint John
Common Council Meeting
Monday, October 30, 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:
4:30 p.m., 8th Floor Boardroom, City Hall
1.1 Approval of Minutes 10.2(4)
1.2 Nominating Committee 10.2(4)(b)
1.3 Financial Matter 10.2(4)(c)
1.4 Agreement 10.2(4)(b)
1.5 Employment Matter 10.2(4)(b,c,j)
C!
Ville de Saint John
Seance du conseil communal
Lundi 30 octobre 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 de la greffiere communale 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
16 h 30 — Salle de conf6rence, 8e 6tage, h6tel de Ville
1.1 Approbation du proces-verbal — paragraphe 10.2(4)
1.2 Comite des candidatures — alinea 10.2(4)b)
1.3 Question financiere — alinea 10.2(4)c)
1.4 Convention — alinea 10.2(4)b)
1.5 Question relative a 1' emploi — alineas 10.2(4)b), c), j)
S6ance ordinaire
1. Ouverture de la s6ance
2. Adoption du proces-verbal
2.1 Proces-verbal du 2 octobre 2017
2.2 Proces-verbal du 16 octobre 2017
3. Adoption de Pordre du jour
4. Divulgations de conflits d'int6rets
5. Questions soumises a Papprobation du conseil
5.1 Entente de services sur le contr6le des chiens conclue avec la SPCA
(recommandation figurant au rapport)
5.2 Date prevue d'une audience publique visant le 1157, chemin Loch
Lomond, le 1000, chemin Sandy Point, le 100, chemin Kierstead, les 408-
5
418, rue Prince, les 34-36, avenue Douglas et le 172, chemin Manners
Sutton (recommandation figurant au rapport)
5.3 Entente avec le CN requis pour le contrat 2016-05 : avenue Tilley —
Travaux d'am&lioration de la station de rel&vement des eaux us&es et des
&gouts (recommandation figurant au rapport)
5.4 Demande visant a installer une stele fun&raire au cimeti&re de 1'Eglise
anglicane (recommandation figurant au rapport)
5.5 P. Dashwood — Eau de puits dans Saint John Ouest (recommandation
accepter a titre informatif)
5.6 Octroi d'un droit de passage en faveur du num&ro de voirie 440, avenue
Douglas (recommandation figurant au rapport)
5.7 Vente de Fancien terrain d'utilit& publique pour le lotissement de Mosaic
Heights (recommandation figurant au rapport)
5.8 Solution pour le financement de faire de jeux d'eaux du quartier West
Side (recommandation figurant au rapport)
5.9 KoreanDog.org concernant la consommation de viande de chien en Cor&e
du Sud (recommandation : accepter a titre informatif)
5.10 Club de patinage de vitesse amateur de Saint John — Demande de
parrainage (recommandation : accepter a titre informatif)
5.11 Alliance de la Fonction publique du Canada — A&roports du Canada
(recommandation : accepter a titre informatif)
5.12 Seaside Park Elementary School — Financement de soutien
(recommandation : transmettre au Comit& des finances)
6. Commentaires pr6sent6s par les membres
7. Proclamation
7.1 Journ&e « Color the World Orange » — le 6 novembre 2017
7.2 Semaine de 1'Arm&e du Salut — du 13 au 19 novembre 2017
8. D616gations et pr6sentations
8.1 Mise a jour d'Energie NB
9. Audiences publiques —18 h 30
9.1 Modification propos&e au texte de 1'Arret& de zonage — Abris
d'automobiles temporaires
9.1.1 Recommandation du Comit& consultatif d'urbani sme
9.1.2 Modification de 1'Arret& de zonage — premiere et deuxi&me
lectures
6
10. Etude des arret6s municipaux
It. Interventions des membres du conseil
11.1 Projet de passage pour pitons relatif au chemin Manawagonish (conseiller
Norton)
11.2 Repercussions pour les municipalit&s — Legalisation du cannabis (maire
Darling)
12. Affaires municipales 6voqu6es par les fonctionnaires municipaux
12.1 Demolition du batiment vacant, d&labr& et dangereux situ& au 36, avenue
Cranston (NID 26658)
12.2 D&molition du batiment vacant, d&labr& et dangereux situ& au 2191, voie
ouest Ocean (NID 55015135)
12.3 Budget de fonctionnement du r6seau d'aqueduc et d'&gouts pour 2018
12.4 Apaisement de la circulation sur F avenue Daniel
13. Rapports d6pos6s par les comit6s
14. Etude des sujets 6cart6s des questions soumises a Papprobation du conseil
15. Correspondance g6n6rale
16. Ordre du jour suppl6mentaire
16.1 Demander un examen historique de la hausse des couts des services de
police et d'incendie (maire Darling)
16.2 Campagne du coquelicot et du souvenir de la Ugion royale canadienne —
le octobre 27 du 11 novembre 2017
16.3 Innvest H6tels GP Ltd. (Hilton) Saint John
17. Comit6 pl6nier
17.1 Financement de transition de carri6re
17.2 Nominations recommand6es aux comit6s
17.3 Acquisition de servitude pour le nouveau contr6leur de la circulation au
NID 4 00017624
17.4 TimberTop Adventures Licence de 14,7 acres adjacents Dominion Park
18. Lev6e de la s6ance
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1► 11►10j11110011::10101WTI :aLTA 1IIIisIILI10
COMMON COUNCIL OF THE CITY OF SAINT JOHN
OCTOBER 2, 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 1 Greg Norton
Councillor Ward 2 Sean Casey
Councillor Ward 2 John MacKenzie
Councillor Ward 3 Gerry Lowe
Councillor Ward 3 Donna Reardon
Regrets: Councillor Ward 4 David Merrithew
Councillor Ward 4 Ray Strowbridge
Also
Present: City Manager J. Trail
Deputy City Manager N. Jacobsen
City Solicitor O. Lineros
Commissioner of Finance and Administration K. Fudge
Commissioner Growth and Community Development J. Hamilton
Commissioner of Transportation and Environment M. Hugenholtz
Commissioner Saint John Water B. McGovern
Deputy Fire Chief J. Armstrong
Common Clerk J. Taylor
Administrative Officer R. Evans
1. Call to Order
The Mayor called the meeting to order.
2. Approval of Minutes
2.1 Minutes of September 18, 2017
Moved by Deputy Mayor McAlary, seconded by Councillor MacKenzie:
RESOLVED that the minutes of the meeting of Common Council, held on
September 18, 2017, be approved.
MOTION CARRIED.
Y r, y y ., y y.
RESOLVED that the agenda of this meeting be approved with the addition of
items 17.1 Development SJ — Memorandum of Understanding; 17.2 TimberTop
Adventures Licence; and 16.1 Provincial Property Tax Exemptions (Councillor
Lowe).
MOTION CARRIED.
4. Disclosures of Conflict of Interest
S. Consent Agenda
5.1 That the Letter from S. Haughian — Proposed Development Plans for
Rockwood Park be received for information.
5.2 That the Letter from Wasson Court Management Inc. — Deterioration of
Curbing be referred to the City Manager.
5.3 That as recommended by the City Manager in the submitted report M&C
2017-249: Proposal for CCTV Video Inspection, the standing offer agreement for
the supply of closed circuit television (CCTV) video inspection and associated
work be awarded to FERO Waste and Recycling Inc. O/A Ready John
Environmental for the remainder of 2017 with the option to extend to years two
through five.
5.4 That as recommended by the City Manager in the submitted report M&C
2017-254: Homeless Shelters in Cold Weather, a letter, signed by the Mayor, be
delivered to the Provincial Minister of Social Development that:
• requests the Minister consider providing funding in the amount of
$28,320 to the Outflow Ministry Shelter for Men and $18,705 to the
Coverdale Centre for Women annually for the months of January and
February to maintain staffing needed to provide around-the-clock shelter
for the homeless starting in 2018; and,
• indicates the City would consider a 2018 Community Grant toward this
initiative that would be paid to the Province of New Brunswick to offset a
portion of their $47,025 investment, if the Grant is approved.
5.5 That as recommended by the City Manager in the submitted report
Zoning By-law Text Amendment — Temporary Car Shelters, Common Council
schedule a public hearing concerning amendments to The Zoning By-law of the
City of Saint John for Monday, October 30, 2017 at 6:30 p.m. in the Council
Chamber and refer this matter to the Planning Advisory Committee for a report
and recommendation
5.6 That as recommended in the submitted PAC report Proposed Subdivision
2100 Sandy Point Road, Common Council adopt the following:
1. That Common Council assent to the submitted subdivision plan, in
general accordance with the submitted Marilyn E. Galbraith Subdivision Lot
2016-1 tentative plan.
2. That Common Council authorize the acceptance of money -in -lieu of the
required land for public purposes (LPP) for the proposed subdivision.
3. That Common Council authorize the preparation and execution of a
City/Developer Subdivision Agreement to ensure provision of the required
MnA- and fnriliticc
1. That Common Council assent to the submitted subdivision plan, in general
accordance with the submitted Unit 2 Amending Subdivision Plan Mosaic Heights
Subdivision tentative plan, on the conditions that:
• The plan is amended to show the temporary turnaround as a Public Street
and that this temporary turnaround be paved in accordance with the City's
General Specifications.
• The plan is amended to incorporate the small triangular portion of land
between the proposed Future Street and PID 00332767 into the Public Street.
• The tentative plan is amended to provide an area as Lands for Public
Purposes having an area of approximately 187.5 square metres which would
provide an extension of the existing Local Common on Pauline Drive.
• The tentative plan is amended to provide an area of Lands for Public
Purposes between the temporary cul-de-sac and the lake in the northern portion
of the subdivision subject to the satisfaction of the Development Officer and
Deputy Commissioner of Parks and Public Spaces.
2. That Common Council authorize the acceptance of money -in -lieu of the
required land for public purposes (LPP) for the balance of lands in the
proposed subdivision beyond the extension of the Local Common.
3. That Common Council authorize the preparation and execution of a
City/Developer Subdivision Agreement to ensure provision of the required
work and facilities.
5.8 That the submitted report M&C 2017-252: Approval to Operate — Drinking
Water Treatment And Distribution System, be received for information.
5.9 That the submitted report M&C 2017-255: Positive Recreation
Opportunities for Kids (P.R.O. Kids) 2016 Annual Report, be received for
information.
5.10 That as recommended by the City Manager in the submitted report M&C
2017-251: Access to Federal Standing Offers and Supply Arrangements (SOSA),
1.) The City enter into a fixed term Federal Procurement Instrument Access
Agreement with the Province of New Brunswick to gain access to Federal
Standing Offers and Supply Arrangements (SOSA) in the form attached to
M&C 2017-251.
2.) That the Mayor and City Clerk be authorized to execute the necessary
documents.
5.11 That the revisions to the report "Municipal Property Issues in the City of
Saint John", be received for information.
Moved by Deputy Mayor McAlary, seconded by Councillor Lowe:
RESOLVED that the recommendation set out for each consent agenda item be
adopted.
MOTION CARRIED.
6. Members Comments
Council members commented on various community events.
The Mayor proclaimed October 10, 2017 as World Mental Health Day in the City
of Saint John.
8. Delegations/Presentations
8.1 One Change Inc.
Morgan Lanigan, President of One Change Inc., presented the One Change
proposal to convert Lorne School to a Community -Supported Neighbourhood
Asset. He stated that it can be used for:
• North end business collective (committed $25,000 annually for 5 years)
• Rental for events
• Incubation of small businesses and social enterprises
• Health centre
• Training programs
Moved by Councillor MacKenzie, seconded by Councillor Sullivan:
RESOLVED that the One Change proposal be referred to the City Manager to
discuss the proposal with One Change Inc. and report back.
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9. Public Hearings 6:30 PM
9.1 Section 39 Amendment —104 Saint Catherine Street
The Common Clerk advised that the necessary advertising was completed with
regard to the proposed Section 39 Amendment amending the Section 39
conditions imposed on the September 5, 1980 rezoning and Municipal Plan
amendment of the property located at 104 Saint Catherine Street, also identified
as PID Number 00304709 to establish a plumbing contracting business in the
existing building.
Consideration was also given to a report from the Planning Advisory Committee
submitting a copy of Planning staff's report considered at its September 5, 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 Jim Knox, Remax Professionals, presenting on behalf of the
applicant.
Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan:
RESOLVED that Common Council rescind the Section 39 conditions imposed on
the September 5, 1980 rezoning of a parcel of land with an area of approximately
3194 square metres, located at 104 Saint Catherine Street, also identified as PID
Number 304709, and replace them with the following:
a) Outdoor storage is prohibited on the site.
Estates area — Staff Presentation and PAC Recommendation
9.2.1 Proposed Zoning Bylaw Amendment —17 Admiralty Drive (1St and 2nd
Reading)
9.2.2 Letter of Opposition to Proposed Bylaw Amendment —17 Admiralty Drive
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
17 Admiralty Drive to consider the implementation of a higher standard for future
development of the subdivision which reflects requirements such as curbing,
sidewalks, piped stormwater and underground utilities which are typical standard
for urban serviced subdivisions, with written objections received. The Planning
Advisory Committee recommends that Common Council maintain the existing
Suburban Residential (RSS) zone in the 26.8 hectares of undeveloped land in the
Cedar Point Estates Area, also identified as PID numbers 55180558 and
l.11.7�16TI. .70
The Mayor called for members of the public to speak against the proposed re-
zoning with Eric Falkjar, Chairman of the Planning Advisory Committee outlining
the written views expressed by the Planning Advisory Committee in its submitted
report.
Rick Turner, Hughes Surveys, spoke against the proposal citing the following:
• the area was designated Stable Residential in the Municipal Plan, which
are areas that are not anticipated to experience major change and that
the proposed change to One -Unit Residential (R1) would be a substantial
change in terms of the development density.
• the issues in existing portions of the subdivision were caused by
landowners making unauthorized changes to the street right-of-way and
that this should be addressed by the City.
• the proposed rezoning will have unintended consequences of increased
stormwater flows and increased traffic that will impact existing residents
and existing City infrastructure in downstream portions of the subdivision.
• concerns with access for emergency services given the single access off
Cedar Wood Drive and increased density.
• the subdivision standard issues outlined by the applicant in the developed
portion of Cedar Point were enforcement issues.
• concern for the example set by this City -initiated rezoning in terms of its
impact on the development community, noting that the City was
compromising the expectation and certainty for developers.
Kent Tays, CBCL Senior Technologist, the property owner's engineering
consultant, spoke against the staff recommendation, stating the following:
• the engineering plans for Phase 7 of the proposed development were
approved by the City in 2013.
• the roadways in the future development phases incorporated a 24 metre
wide right-of-way, compared with a 20 metre wide right-of-way in the
existing phases of the subdivision which would pose less maintenance
issues.
• concern for the rezoning, stating there would be downstream impacts on
the existing drainage system.
• support for the existing Suburban Residential (RSS) zone, noting its
capacity to recharge groundwater.
• the maintenance cost of the One -Unit Residential (R1) standard was
Greg Harding, of Stewart McKelvey, the property owner's representative, spoke
against the staff recommendation, stating the following:
• the owner's cost to purchase the land and the owner's intention to
develop the lands but that the rezoning would render the property
financially unviable.
• the rezoning was inconsistent with the municipal plan.
The Mayor called for members of the public to speak in favour of the proposed
re -zoning with Dr. Chris O'Brien, resident in Cedar Point, presenting the following
points:
• RSS zoning is not adequate for the neighbourhood
• Not enough services for the amount of property tax paid
• Poor esthetics
• Safety, access for emergency vehicles
Moved by Councillor, seconded by Councillor:
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 26.82
hectares, located at 17 Admiralty Drive, also identified as PID Numbers 55156954
and 55180558, from Suburban Residential (RSS) to One -Unit Residential (R1), be
read a first time.
MOTION DEFEATED with Councillors Armstrong, Norton, and Sullivan voting nay.
Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan:
RESOLVED that Common Council maintain the existing Suburban Residential (RSS)
zone in the 26.8 hectares of undeveloped land in the Cedar Point Estates Area,
also identified as PID #s 55180558 and 55156954.
MOTION CARRIED with Councillors Casey, Lowe, and Reardon voting nay.
10. Consideration of By-laws
10.1 Public Presentation —1671 Sandy Point Road
A Public Presentation was given for a proposed amendment to the Municipal
Development Plan which would redesignate, on Schedule A — City Structure, of
the Plan, a parcel of land with an area of approximately 5.18 hectares, located at
1671 Sandy Point Road, also identified as being PID Number 00418129 from Park
and Natural Area to Stable Area; and redesignate on Schedule B — Future Land
Use, of the Plan, the same parcel of land from Park and Natural Area to Stable
Residential to permit future development.
11. Submissions by Council Members
11.1 Letter of Support for Energy East Pipeline Project (Councillor Norton)
Moved by Councillor Norton, seconded by Councillor Sullivan:
WHEREAS Council of the City of Saint John consider the TransCanada Energy East
Pipeline project to be of the utmost importance to the Saint John Area by
providing the area with the possibilities of economic and community
.J.. -I.............+.
WHEREAS Safety and the environment are of utmost importance to Council and
the City of Saint John
BE IT RESOLVED that the City of Saint John support the TransCanada Energy East
Pipeline project.
AND BE IT FURTHER RESOLVED that the City of Saint John work with TransCanada
and the regulator to ensure that the pipeline is safely constructed in such a way
as to protect the environment.
AND FURTHER that Council send a letter to the Premier's office affirming
Council's support for the TransCanada Energy East Pipeline project.
MOTION CARRIED with Councillors Casey and Reardon voting nay.
11.2 TransCanada Energy East Pipeline Project Update (Mayor Darling)
Moved by Deputy Mayor McAlary, seconded by Councillor Reardon:
RESOLVED that the update on the TransCanada Energy East Pipeline Project be
received for information.
MOTION CARRIED.
11.3 Staffing of Positions (Deputy Mayor McAlary)
The Deputy Mayor withdrew her submitted motion.
12. Business Matters - Municipal Officers
12.1 2018 Water and Sewerage Utility Fund Capital Budget
B. McGovern provided an overview of the submitted report.
Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan:
RESOLVED that as recommended by the City Manager in the submitted report
M&C2017-247: 2018 Water and Sewerage Utility Fund Capital Budget, Common
Council approve the 2018 Water and Sewerage Utility Fund Capital Budget in the
amount of $147,054,519 (gross) with contributions from other sources of
$95,560,619 resulting in a Capital budget in the amount of $51,493,900 (net).
MOTION CARRIED.
Moved by Deputy Mayor McAlary, seconded by Councillor Lowe:
RESOLVED that in accordance with the Procedural By-law the meeting be allowed
to extend beyond 10:00 p.m.
MOTION CARRIED with Councillor Sullivan voting nay.
12.2 2018 General Fund Capital Budget
Councillor Norton, Vice -Chair of Finance Committee, provided an introduction to
the submitted report.
2018 General Capital Budget in the amount of $18,308,260 (gross) with
contributions from other sources of $6,318,130 yielding a net Capital budget in
the amount of $11,990,130 (net) as set in Exhibit 1.
MOTION CARRIED.
12.3 Proiect Performance Update - Safe. Clean Drinking Water Proiect
Gerald Mattsson provided an overview of the submitted presentation on the
project performance on the Safe, Clean, Drinking Water Project.
Moved by Deputy Mayor McAlary, seconded by Councillor Armstrong:
RESOLVED that the submitted report M&C2017-250: Project Performance Update
- Safe, Clean Drinking Water Project, be received for information.
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12.4 2018 Water and Sewerage Utility Operating Budget
B. McGovern provided an overview of the submitted presentation.
Moved by Deputy Mayor McAlary, seconded by Councillor MacKenzie:
RESOLVED that as recommended by the City Manager in the submitted report
M&C2017-253: 2018 Water and Sewerage Utility Operating Budget, Common
Council reflect upon the submitted draft of the 2018 Water and Sewerage Utility
Fund Operating Budget and make any and all inquiries and recommendations to
staff; and receive this report for information.
MOTION CARRIED with Councillor Sullivan voting nay.
13. Committee Reports
13.1 2017 ABC Reporting Framework Written Report No. 2
Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan:
RESOLVED that the 2017 ABC Reporting Framework Written Report No. 2 be
received for information.
MOTION CARRIED,
14. Consideration of Issues Separated from Consent Agenda
15. General Correspondence
15.1 Citizen Letter - Canterbury Street and Grannan Lane Parking Facility
Moved by Deputy Mayor McAlary, seconded by Councillor Armstrong:
RESOLVED that the Citizen Letter - Canterbury Street and Grannan Lane Parking
Facility, be received for information.
MOTION CARRIED with Councillor Sullivan voting nay.
15.2 Letter from Commercial Properties re Canterbury Street and Grannan Lane
Parking Facility
MOTION CARRIED with Councillor Sullivan voting nay.
15.3 New Brunswick Multicultural Council - 2017 Annual Conference "Growing
Together"
Moved by Deputy Mayor McAlary, seconded by Councillor Reardon:
RESOLVED that the Letter from the New Brunswick Multicultural Council re: 2017
Annual Conference "Growing Together", be received for information.
MOTION CARRIED with Councillors Armstrong and MacKenzie voting nay.
15.4 United Nations High Commissioner for Refugees ("UNHCR") - Canada's
Annual Refugee Resettlement Quotas for 2018
Moved by Deputy Mayor McAlary, seconded by Councillor Lowe:
RESOLVED that the United Nations High Commissioner for Refugees ("UNHCR") -
Canada's Annual Refugee Resettlement Quotas for 2018 be referred to the City
Manager.
MOTION CARRIED with Deputy Mayor McAlary voting nay.
16. Supplemental Agenda
16.1 Provincial Property Tax Exemptions (Councillor Lowe)
Moved by Councillor Lowe, seconded by Councillor Armstrong:
RESOLVED that Common Council make a request to the Province to remove
machinery and equipment exemptions from the Provincial Property tax
legislation. Furthermore, if the Province is unwilling to remove machinery and
equipment exemptions from the Property Tax legislation, the Province provides a
transfer payment to municipalities in lieu of lost municipal property tax revenues
due to the exemptions put in place by the Province of New Brunswick.
MOTION CARRIED with Councillors Norton and Sullivan voting nay.
17. Committee of the Whole
17.1 Development SJ — Memorandum of Understanding
Moved by Councillor Reardon, seconded by Councillor Armstrong:
RESOLVED that as recommended by Committee of the Whole, having met on
October 2, 2017, Common Council adopt the submitted Memorandum of
Understanding for the formation of Development SJ and that the Mayor and Clerk
be authorized to execute the document.
MOTION CARRIED.
17.2 TimberTop Adventures Licence
Moved by Councillor MacKenzie, seconded by Deputy Mayor McAlary:
RESOLVED that as recommended by Committee of the Whole, having met on
October 2, 2017, Common Council:
document reflective of said terms and conditions.
MOTION CARRIED.
18. Adjournment
Moved by Councillor Sullivan, seconded by Councillor Armstrong:
RESOLVED that the meeting of Common Council held on October 2, 2017 be
adjourned.
MOTION CARRIED.
The Mayor declared the meeting adjourned at 10:25 p.m.
Mayor/ maire
Common Clerk / greffier communal
1► 11►10j11110011:]xe101WTI :aLTA 1IIIisIILI10
COMMON COUNCIL OF THE CITY OF SAINT JOHN
OCTOBER 16, 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 1 Greg Norton
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
Councillor Ward 4 Ray Strowbridge
Also
Present: City Manager J. Trail
Deputy City Manager N. Jacobsen
City Solicitor J. Nugent
Comptroller C. Graham
Commissioner Growth and Community Development J. Hamilton
Commissioner of Transportation and Environment M. Hugenholtz
Deputy Fire Chief J. Armstrong
Common Clerk J. Taylor
Deputy Common Clerk P. Anglin
1. Call to Order
The Mayor called the meeting to order.
2. Approval of Minutes
3. Approval of Agenda
Moved by Deputy Mayor McAlary, seconded by Councillor Armstrong:
RESOLVED that the agenda of this meeting be approved with the addition of
items 17.1 Fieldhouse Project City's Capital Contribution; and 17.2 Abandon
Rezoning Consideration in Cedar Point Estates.
MOTION CARRIED.
4. Disclosures of Conflict of Interest
5.1 That the Saint John Board of Police Commissioners: 2017 Operating Budget
— August Financial Results be received for information.
5.2 That as recommended by the City Manager in the submitted report M&C
2017-262: 2018 Proposed Council Meeting Schedule, Common Council approve
the submitted 2018 proposed Council meeting schedule.
5.3 That the J. Allen Letter: Sponsorship and Support for Cross Country Dog
Sledding Journey be received for information.
5.4 That as recommended by the City Manager in the submitted report M&C
2017-261: Contract No. 2017-19: Water Main Cleaning & Lining — Phase 14, the
contract be awarded to the Tenderer, Trenchless Solutions Inc., at the tendered
price of $530,575.50 (including HST) as calculated based upon estimated
quantities, and further that the Mayor and Common Clerk be authorized to
execute the necessary contract documents.
5.5 That as recommended by the City Manager in the submitted report M&C
2017-263: Central Peninsula Neighbourhood Plan — FCM Grant Agreement,
Common Council authorize the Mayor and Common Clerk to execute the
Federation of Canadian Municipalities Grant Agreement for the Central Peninsula
Neighbourhood Plan.
5.6 That the Enterprise Saint John - 2018 Budget be referred to the Finance
Committee.
5.7 That the NB Power Request to Present re: Project in East Saint John be
referred to the Common Clerk to Schedule.
5.8 That the Atlantic Flight Centre - 2018 COPA Convention and Trade Show
Request for Fly -By be approved and the Mayor directed to send a letter of
support.
5.9 That as recommended by the City Manager in the submitted report M&C
2017-264: Request for funding from Growth Reserve Budget, Develop SJ, Common
Council adopt the following resolution:
Adopt the allocation of a $25,000 grant from the Growth Reserve Fund, which
was adopted as a recommendation to Council from the Growth Committee on
October 3rd, 2017, and be transferred to Saint John Industrial Parks to support
one-time transitional expenditures associated with Develop Saint John;
Adopt the transfer of the $90,000, which was approved by Common Council on
March 27th, 2017 for the Real Estate Alignment Exercise, to Saint John Industrial
Parks for transitional expenditures associated with Develop Saint John; and,
Adopt the transfer of $37,500 from the Real Estate Division, Finance and
Administrative Services, which is a portion of the Department's projected budget
surplus for 2017, to Saint John Industrial Parks for transitional expenditures
associated with Develop Saint John.
Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan:
RESOLVED that the recommendation set out for each consent agenda item be
6. Members Comments
Council members commented on various community events.
7. Proclamations
8. Delegations/Presentations
8.1 2018 Canada 55+ Games
Emil Olsen, organizing committee, outlined the events scheduled for the August
21-24, 2018 Canada 55+ Games, the expected 2000+ participants, the $3M
economic impact and benefits to the City.
8.1.1 Secondment of City of Saint John Employee
Moved by Councillor Strowbridge, seconded by Deputy Mayor McAlary:
RESOLVED that the 2018 Canada 55+ Games request for the Secondment of City
of Saint John Employee to serve as Games Manager be referred to the City
Manager.
MOTION CARRIED.
9. Public Hearings 6:30 PM
10. Consideration of By-laws
11. Submissions by Council Members
11.1 Stop Signs on Daniel Avenue (Councillor MacKenzie)
Moved by Councillor Sullivan, seconded by Deputy Mayor McAlary:
RESOLVED that the item regarding Stop Signs on Daniel Avenue be referred to
staff to report back to Common Council at the next meeting for a specific plan for
this neighbourhood to communicate to residents.
MOTION CARRIED with Councillors Armstrong, MacKenzie, Lowe and Reardon
voting nay.
12. Business Matters - Municipal Officers
12.1 Saint John EnerRv: A Vision for the Future
Referring to the submitted report entitled Saint John Energy: A Vision for the
Future, R. Robinson, CEO, outlined growth opportunities for utility owners and
customers, transformative technologies and new government legislation.
Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan:
RESOLVED that the submitted presentation Saint John Energy: A Vision for the
Future be received for information.
MOTION CARRIED.
11 ') Gnir Drnnor+v Tnvn+inn
to "advocate for equitable taxation among residents, commercial businesses,
institutions and industry". The report builds on the Slack and Kitchen report,
the status quo is not sustainable and proposes solutions, including
recommendations contained in the 2008 Finn Report, to be addressed in
cooperation with the province.
Moved by Councillor Strowbridge, seconded by Deputy Mayor McAlary:
RESOLVED that as recommended by the City Manager in the submitted report
M&C 2017-265: Fair Property Taxation:
1. Common Council requests that the Province vacate the levying of provincial
property taxes to provide tax room for municipalities;
2. Common Council requests that the Province change legislation to provide
municipalities control over setting tax classes and tax rates;
3. Common Council requests that the Province end the assessment freeze as
quickly as possible.
13. Committee Reports
13.1 Saint John Board of Police Commissioners: Additional Board Member
Moved by Councillor Sullivan, seconded by Deputy Mayor McAlary:
RESOLVED that the composition of the City of Saint John Board of Police
Commissioners established by the Common Council resolution dated November
24t", 1997 be revised as follows:
That the Board of Police Commissioners established by Common Council be
comprised of eight members, one of whom shall be appointed by the Solicitor
General, six of whom shall be appointed by Common Council, and one of whom
shall be the Mayor or a person designated by the Mayor, all in accordance with
the provisions of the Police Act, with the annual remuneration to be $3,500 for
the Chairman and $1,500 for the remaining members.
MOTION CARRIED.
14. Consideration of Issues Separated from Consent Agenda
15. General Correspondence
16. Supplemental Agenda
17. Committee of the Whole
17.1 Field House Project City's Capital Contribution
Moved by Deputy Mayor McAlary, seconded by Councillor Lowe:
RESOLVED that as recommended by Committee of the Whole, having met on
October 16, 2017, Common Council reduce the City's Capital contribution by up
to maximum of $835,600 of the grant amount requested to the Field House
Prniect_
Moved by Deputy Mayor McAlary, seconded by Councillor Armstrong:
RESOLVED that as recommended by the Committee of the Whole, having met on
October 16, 2017, that the City abandon consideration of the proposed re -zoning
of lands identified by PID Nos. 55180558 and 55156954 in the Cedar Point Estates
Area from the Suburban Residential Classification (RSS) to the One -Unit
Residential Classification (R1).
MOTION CARRIED with Councillors Reardon, MacKenzie, and Casey voting nay.
18. Adjournment
Moved by Councillor Armstrong, seconded by Councillor Lowe:
RESOLVED that the meeting of Common Council held on October 16, 2017 be
adjourned.
1► [0000114L1ilk]ilk] Iif91
The Mayor declared the meeting adjourned at 8:23 p.m.
Mayor/ maire
Common Clerk / greffier communal
COUNCIL REPORT
M&C No.
2017-269
Report Date
October 13, 2017
Meeting Date
October 30, 2017
Service Area
Growth and Community
Development Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: Dog Control Service Agreement with SPCA Animal Rescue
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner/Dept. HeadL4
City Manager
Amy Poffenroth
Jacqueline Hamilton
m
I Jeff Trail
RECOMMENDATION
Your City Manager recommends that Common Council authorize the Mayor and
Common Clerk to execute the attached Agreement between the City of Saint
John and Saint John Shelter Ltd.
EXECUTIVE SUMMARY
The current 5 year Service Agreement with the SPCA Animal Rescue (SPCAAR)
has recently expired. As the best option for delivering the City's dog control and
limited cat control service to citizens, staff has finalized negotiations with the
SPCAAR and is presenting a new 5 year Agreement for Council's consideration.
Staff has been very pleased with the performance of the SPCAAR during the last
5 year term and citizen satisfaction rates for animal control services improved
significantly from 2012 (53% satisfied) to the last survey in 2016 (71% satisfied).
The terms of the Agreement are essentially the same as the last 5 years; service
levels, response times and regular hours are unchanged. In terms of costs to the
City, the cost for year 1 remains unchanged from the current rate; for each of
the subsequent years, the cost increases by 1.8% per year. The percent increase
over the 5 year term of the Agreement is in keeping with the average CPI for the
last 5 years.
PREVIOUS RESOLUTION
N/A
-2 -
STRATEGIC ALIGNMENT
The Dog Control Service Agreement aligns with the Council priorities "Vibrant
and Safe City" and "Valued Service Delivery".
REPORT
The City has had a service agreement with the SPCA Animal Rescue (SPCAAR) for
dog control and limited cat control services since 2012. Prior to the last
agreement, the Animal Rescue League had provided animal control services
under a number of contract terms for the City since the early 1990's.
Early in 2012, a number of significant changes were made to the by-law in
response to a nearly 50% reduction in the animal control budget. Given the
budget reduction, service levels were modified, specifically and most notably the
removal of cat control and licensing from the by-law, with the exception of cats
that are found to be severely diseased or injured. In September 2012, the
Animal Control by-law was amended and renamed to the Dog Control By-law.
During this transition time, staff had explored a number of alternatives for the
delivery of animal control services, including contracting out the full range of
services, providing the service in-house, and a hybrid model of a contracted
officer and separate kenneling service. A formal request for Expressions of
Interest was also issued to gauge interest and determine options. Through this
review, it was determined that an agreement with the SPCAAR was the best and
most cost-effective option for the City. Although cat control service was mostly
eliminated, service levels for dog control through the SPCAAR agreement
increased in terms of extended hours for response to complaints and the
implementation of agreed-upon performance metrics for response times.
Staff is very satisfied with the SPCAAR's performance over the last five years;
service to citizens is very good and there are very few complaints about their
service. In fact, the City's Citizen survey conducted by Ipsos Reid in 2016 found
that citizen satisfaction improved significantly with animal control services
between 2012 (53% satisfaction) and 2016 (71% satisfaction), a finding that
SPCAAR is very proud of.
Staff is recommending that the City continue its relationship with the SPCAAR
with a renewed five year term agreement, which will offer stability and
consistency of service delivery for citizens. In addition to providing services
under the terms of the Agreement and the By-law, the SPCAAR will continue to
focus on public awareness and process improvements to increase dog licensing
throughout the City and to educate the public about responsible pet ownership.
The current agreement expired on September 30, 2017; SPCAAR has continued
to provide service to the City while contract negotiations were underway. Staff
17
has now concluded negotiations with the SPCAAR and the President, Robert
Hunt, and Vice -President, Liz Syvertsen-Bitten, has signed the attached service
Agreement for Council's consideration.
Through the proposed service Agreement, the SPCAAR will continue to carry out
responsibilities of the "contractor" under the City's Dog Control By-law. More
particularly, the SPCAAR will provide the following services to the City:
• Respond to complaints concerning the full spectrum of dog control by-
law provisions, including running at large, bites or attempted bites,
barking, "poop and scoop", licensing and diseased/injured;
• Respond to complaints of stray cats that are diseased and/or injured to
such an extent that the only appropriate and humane response is to
euthanize such cats;
• Provide the service during regular hours of 8:00 am to 8:00 pm Monday
to Friday and 9:00 am to 5:00 pm Saturday and Sunday;
• Provide after-hours emergency service when called by the Saint John
Police Force outside of regular hours;
• Administer the dog licensing program;
• Prepare and implement a plan to increase dog licensing within one year;
• Prepare an annual report detailing efforts to increase public awareness
around licensing and responsible pet ownership;
• Provide the service to a level that meets agreed-upon performance
metrics that are attached to the Agreement.
Under the terms of the Agreement, the City agrees to:
• Pay to the SPCAAR:
o Year 1 - $84,050 (0% increase)
o Year 2 - $85,563 (1.8% increase)
o Year 3 - $87,103 (1.8% increase)
o Year 4 - $88,671 (1.8% increase)
o Year 5 - $90,267 (1.8% increase)
*The percent increase over the 5 year term of the Agreement is in
keeping with the average CPI for the last 5 years.
• Allow the SPCAAR to retain the fees paid to it from licensing and impound
fees;
• Provide the SPCAAR with license tags and forms;
• Provide guidance and advice as necessary regarding by-law interpretation
and administration, and legal support for enforcement cases.
Future Considerations
In the coming months, staff will be proposing amendments to the Dog Control
By-law to address some housekeeping items including a fee review for seizing
and caring for impounded dogs. Staff is also keeping up to date on the
discussions around the proposed Local Governance Act and the potential to
implement administrative penalty notices for Dog Control By-law matters, which
may be beneficial for more effective enforcement of the Dog Control By-law.
iF:3
-4 -
SERVICE AND FINANCIAL OUTCOMES
The current dog control and limited cat control service will continue at current
service levels. A five year term Agreement offers stability and consistency to the
program and provides reasonable increases (7.2% over 5 years).
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
The Legal Department has provided support to the negotiation process and has
drafted the attached Agreement.
ATTACHMENTS
Proposed Service Agreement between the City of Saint John and Saint John
Shelter Ltd.
M_' I WLLN: HE, 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 (the "City")
- and -
SAINT JOHN SHELTER LTD. carrying on business as
SAINT JOHN SPCA ANIMAL RESCUE, a body
corporate under the laws of the Province of New
Brunswick (the "Contractor")
OF THE SECOND PART
WHEREAS there is a need for and the City wishes to offer to its citizens a general dog control
service as well as a limited and discrete cat control service as is more fully outlined in this
Agreement,
AND WHEREAS the Contractor has tendered to the City to provide sufficient labour, materials,
vehicles and equipment to provide a satisfactory level of service to the City under this
Agreement;
NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the mutual
covenants and agreements hereinafter contained, and subject to the terms and conditions set
forth, the parties hereby agree as follows:
The term of this Agreement shall be for a period of five y
2022. ears commencing as of and with
effect from the I st day of October, 2017 and expiring on the 30th day of September,
Contractor's Covenants
2. The Contractor covenants and agrees with the City as follows:
(a) It shall carry out the responsibilities of the "contractor" under sections 4, 5, 7 and
8 of the City's By -Law Respecting the Control of Dogs in the City of Saint John
Made Under the Authority of Section 96 of the Municipalities Act - By -Law No.
M-13 (the "By-law").
(b) It shall carry out the responsibilities of the "contractor" under section 9 of the By-
law as it concerns cats provided and on condition that the Contractor has first
satisfied itself that such cats have no identifiable owner and that such cats are
diseased and/or in to such an extent that the only appropriate and humane
response is to euthanize such cats.
(c) It shall respond to complaints under section 4, 5, 7 and 8 of' the By-law and
provide emergency services as follows:
(i) Respond to By-law complaints pursuant to this Agreement Monday to
Friday between the hours of 8:00 a.m. to 8:00 p.m. and Saturday and
Sunday between the hours of 9:00 a.m. to 5:00 p.m. or during such other
(ii) It shall have one of its log Control Officers, with a suitable vehicle
properly registered with the Province of New Brunswick and bearing a
valid motor vehicle inspection vignette as required by provincial
legislation, available to respond to emergency calls from the Saint John
Police force with respect to dogs and cats which have been injured, dogs
which have bitten or attempted to bite a person, or dogs running at large
that are posing a. threat to the Life and/or safety of citizens.
(d) It shall prepare and implement a plan within (1) one year of execution of this
Agreement for increasing license sales, the objective of which will be to
encourage responsible and accountable dog ownership.
(e) It shall submit an annual report to the City on the anniversary date of this
Agreement detailing public awareness sessions held and the outcome of the
sessions. The objective of the public awareness sessions is to educate the citizens
of the City about the importance and benefit of dog licensing and to promote
responsible and accountable pet ownership more generally.
(f) It shall maintain a direct telephone service that is to be listed and answered as
"City of Saint John Dog Control". The telephone number for this service shall be
relinquished by the Contractor to the City upon termination of this Agreement.
Dog Control Officers, while on duty, shall be equipped with portable
communication devices (UIIF or VHF radio or cellular phone) with sufficient
rang as to be used anywhere within the City. All emergency calls shall be
received, registered and dispatched immediately to the on duty/on call Log
Control Officer. Records of such calls shall include the name of the caller. the
date and time of the call, the address or location responded to, the reason for the
call, and the date and time of contact to the on duty/on call Dog Control Officer.
(g) It shall provide at least one vehicle, properly registered with the Province of New
Brunswick and bearing a valid motor vehicle inspection vignette as required by
provincial legislation, that has been approved by the Society for the Prevention of
Cruelty to Animals (the "S.P.C.A.) as suitable for the humane transportation of
dogs. The Contractor shall also provide S.P.C.A. approved facilities suitable for
the humane keeping of as many as ten (10) dogs at a time. Vehicles and facilities
used in the execution of this Agreement shall bear identification stating "Animal
Control" and the appropriate telephone number. Contractor employees, while on
patrol duty, shall wear clothing that identifies them as Dog Control Officers and
present a neat and tidy appearance.
(h) It shall be responsible for the euthanization and cremation of dogs that may be
subject to destruction under the By-law or pursuant to a Court Order.
(i) It shall be responsible for the euthanization and cremation of cats destroyed
pursuant to section 9 of the By -lay.
(j) It shall administer the licensing of dogs as required under section 4 of the By-law.
It may, subject to the receipt of prior written approval from the Commissioner of
Growth and Community Development Services or his or her designate, disseminate
license tags and forms to City -approved outlets for the sale of dog licenses on the
City's behalf. Where license tags and forms have been disseminated to City -
approved outlets, the Contractor shall keep detailed records of the license tags that
have been disseminated to such City -approved outlets and it shall collect the
completed forms and license fees and update the license records pursuant to the
requirements set out in Schedule "A" to ensure the integrity and currency of the
licensing program.
paymcni Tees conectea ana emergency services under this Agreement and the By-
law, and permit the City to inspect thern at any time during the hours of 9:00 a.m.
to 4:00 p.m. on Monday to friday, inclusive. The Contractor shall, by not later
than the 10"' day of each month, provide the City with a written report, on a form
approved by the Commissioner of Growth and Community Development Services
or his or her designate, with respect to such activities.
(1) Within twenty four (24) hours of the termination of the Agreement, the
Contractor:
shall relinquish to the City any and all records with respect to Saint John
Dog Control, which shall include but not be limited to licensing,
complaints, offenders, and euthanization.
it Shall relinquish to the City any unused licensing tags and forms, complete
lists of all active and past licenses in electronic and paper copy, and a
complete list of tags and forms and associated numbers that have been
disseminated to City -approved outlets that are selling licenses on behalf of
the City.
(m) It shall take out and keep in full force and effect, at its own cost, throughout the
Term commercial general liability insurance. Such insurance shall cover but not be
limited to property damage, bodily injury liability, non -owned automobile liability.
The coverage thereunder shall include the activities conducted by the Contractor
and any other person acting within its control, or for whom the Contractor is in law
responsible and any person performing work on behalf of the Contractor. Such
policy shall have inclusive limits of at least Two Million Dollars ($2,000,000.00)
for each occurrence involving personal injury, bodily injury, death or property
damage, or such higher limits as the City may from time to time reasonably require.
The policy shall contain:
(i) a provision stating that such policy shall be primary and shall not
call into contribution any other insurance available to the City or the
Contractor, and
(ii) an undertaking by the insurers that no material change, cancellation
or termination of any policy will be made unless the City has received not
less than sixty (60) days prior notice thereof, delivered in accordance with
the provisions of this Agreement.
The City shall be added as an additional insured on the commercial general
liability insurance policy described herein.
The Contractor shall provide a. Certificate of Insurance to the City at the time of
the execution of this Agreement evidencing the insurance coverage described
herein. The Contractor shall provide said Certificate of Insurance to the City
yearly for the terra of this Agreement.
(n) The Contractor shall take out and keep in full force and effect insurance against
liability for bodily injury and property damage caused by motor vehicles owned
by the Contractor and used in the execution of this Agreement. Such insurance
shall have an all inclusive limit of at least $1,000,000.00. A motor vehicle shall
be as defined in the Motor Vehicle Act of the Province of New Brunswick. The
Contractor shall provide a Certificate of Insurance to the City at the time of the
execution of this Agreement evidencing the insurance coverage described herein.
The Contractor shall provide said Certificate of Insurance to the City yearly for
the terra of this Agreement.
(a) The Contractor shall retain any fees paid to it with respect to licensing and
impounding pursuant to subsections 4(3), 5(2) and 11 (2) of the By-law.
(b) It shall pay to the Contractor, in return for the services the Contractor shall
provide hereunder, and in addition to any licensing revenues kept by the
Contractor under this Agreement, the following yearly amounts during the Term,
which shall be paid to the Contractor in equal monthly installments on the final
day of each month:
Year 1: October 1, 2017 — September 30, 2018 $84,050 plus IIST
Year 2: October 1, 2018 — September 30, 2019
$85,563 plus HST
Year 3: October 1, 2019 — September 30; 2020 $87,103 plus HST
Year 4: October 11 2020 — September 30, 2021 $88,671 plus HST
Year 5: October 1, 2021 — September 30, 2022 $90,267 plus FIST
(c) It shall provide the Contractor with an adequate supply of licensing tags and
forms for their use in the sale of licenses and the dissemination of license tags to
City -approved outlets for the purpose of selling licenses on the City's behalf.
(d) It shall provide legal advice and assistance, through its Legal Department, with
respect to Court proceedings involving violations of the By-law.
(c) As a proactive mechanism for discussing any questions or concerns that may arise
regarding the performance this Agreement, an annual meeting shall be held (if
deemed necessary by the Commissioner of Growth and Community Development
Services or his or her designate or by the Contractor as the case may be) for such
purpose and in accordance with the requirements of article 6 of this Agreement.
Such mecting(s) shall encourage open and positive communication directed at
problem solving to help ensure the successful and full performance of the
Agreement.
Default and Termination.
4. Default under this Agreement will be deemed to have occurred if a party has failed to
observe or perform any term, covenant or obligation contained in this Agreement and
such party has not remedied the default within thirty (30) days of receiving written notice
of such default from the other party. Upon any default, the party who is not in default
may terminate this Agreement by serving a notice of termination in writing on the other
party, and the service of such notice shall not prejudice any existing right, remedy or
relief of the party serving the notice.
5. Notwithstanding article 4 of this Agreement, should the Contractor declare bankruptcy,
cease operations owing to financial difficulties or experience other adverse financial
circumstances that, in the City's sole view, interferes with or threatens to interfere with
the Contractor's ability to perform any of its responsibilities and duties under this
Agreement, the City may by written notice to the Contractor in accordance with article 6
of this Agreement, terminate this Agreement effective immediately.
6. Notwithstanding articles 4 and 5 of this Agreement, either the City or the Contractor may
terminate this Agreement without reason upon the giving of six (6) months prior written
notice to the other party pursuant to the requirements of article 7 hereof. The termination
of the Agreement shall, if terminated pursuant to this article, take effect the day following
the expiration of the six (6) month notice period.
Notice
a) in the case of the City, to:
The Commissioner of Growth and Community Development Services,
15 Market Square, 1 Oth Floor, City Hall
Saint John, N13, E2L 4L1
Phone: (506) 658-2911
Fax: (506) 632-6199
b) in the case of the Contractor, to
Shelter Manager
Saint John Shelter Ltd.
295 Bayside Drive
Saint John, N. B. E2J 1131
Phone: (506) 642-0920
Fax: (506) 634-6101
Any notice delivered by hand shall be deemed to have been validly and effectively given on
the day of such delivery if delivered before 4:00 p.m. on a business day or on the next
business day if delivered on a non -business day or after 4:00 p.m. on the previous business
day. Any Notice sent by registered mail (except during a postal disruption or threatened
postal disruption) shall be deemed to have been validly and effectively given on the third
business day following the date of mailing. Any Notice sent by telecopier shall be deemed
to have been validly and effectively given on the day it was sent if sent before 4:00 p.m. on a
business day or on the next business day if sent on a non -business day or after 4:00 p.m. on
the previous business day.
Either party may from time to time by Notice to the other party change its address for
service hereunder.
Assignment
8. The Contractor shall not assign its rights or obligations under this Agreement without the
prior written consent of the City, which consent may be unreasonably withheld.
9. The Section and/or paragraph headings in this Agreement are inserted for convenience of
reference only and shall not affect the meaning or interpretation of this Agreement or any
provision hereof.
Successors and Ass_ igns
10. This Agreement and everything contained herein shall enure to the benefit of and be binding
upon the parties hereto, their respective successors and permitted assigns, and all words in
the neuter or masculine shall include the masculine and neuter respectively and also the
feminine and all words in the singular shall include the plural, and vice versa, when the
context so requires.
Fntire Agreement
11. This Agreement sets forth all the covenants, promises, agreements, conditions and
understandings between the City and the Contractor concerning the Agreement and there are
no covenants, promises, agreements, conditions or representations, either oral or written
between them other than as are herein set forth. No subsequent alteration, amendment,
change or addition to this Agreement shall be binding upon the City or the Contractor unless
reduced to writin.y and signed by them
pertormance of any act required hereunder by reason of strikes, lock outs, labour troubles,
inability to procure materials, failure of power, restrictive governinental laws or regulations,
riots, insurrection, war or other reason of a like nature not the fault of the party delayed in
performing work or doing acts required under the terms of this Agreement, then
performance of such act shall be excused for the period of the delay and the period for the
performance of any such act shall be extended for a period equivalent to the period of such
delay, provided however that nothing herein shall be deemed to extend any specific date set
out in this Agreement. This Section shall not operate when the delay or restriction is due to
the lack of or unavailability of funds.
Governing Law
13, This Agreement is to be governed by and construed and interpreted in accordance with the
laws of the province of New Brunswick and the laws of Canada applicable therein.
Partial Invalidity
14. If any term, covenant or condition of this Agreement or the application thereof to any
person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of
this Agreement and/or the application of such term, covenant or condition to persons or
circumstances other than those as to which it is held invalid or unenforceable, shall not be
affected thereby and each term, covenant or condition of this Agreement shall be
separately valid or enforceable to the fullest extent permitted by law.
Time to be of the Essence
15. Time shall be of the essence of this Agreement.
16. Failure by either party hereto to require performance of any term, covenant or condition
herein contained shall not be deemed to be a waiver of such term, covenant or condition or
of any subsequent breach of the same or of any other term, covenant or condition herein
contained. No covenant, term or condition of this Agreement shall be deemed to have been
waived by the City or the Contractor unless such waiver be in writing by the waiving party.
THE CITY OF SAINT JOIN
per
Common Clerk
Common Council Resolution:
SAINT JOHN SHELTER LTD.
per
President
povaucu to Laic k-iuy under me Agreement:
The performance metrics are as follows:
1. Each time a valid fay -law complaint is received by the Contractor, the Contractor shall
make detailed notes concerning the particulars of the complaint and the resulting
investigation/actions taken. All case related notes are to be documented by the
Contractor within twenty-four (24) hours of any response/action/complaint.
2. The Contractor shall ensure that enforcement protocols/processes, asset by the City, are
met at all times and documented.
3. The Contractor shall collect any completed licenses from City -approved outlets pursuant
to 20) and update the licensing spreadsheet/ tracking tool with new or edited license
information within seventy-two (72) hours of receipt of any such information.
4. When the Contractor receives a complaint under section 5 of the By-law concerning a
dog running at large, the Dog Control Officer shall be dispatched to the site of the dog
running at large within one (1) hour of receiving a call/complaint.
5. When the Contractor receives a complaint under section 5 of the By-law concerning a
dog bite or attempted bite, the Dog Control Officer shall be dispatched to the site of the
dog bite or attempted dog bite within one (1) hour of receiving a call/complaint.
6. When the Contractor receives a complaint under section 5 of the By-law concerning a
injured or diseased dog, the flog Control Officer shall be dispatched to the site of the
diseased or injured dog within two (2) hours of receiving a call / complaint.
7. When the Contractor receives a complaint under section 4 of the Eby -law concerning an
unlicensed dog, the Dog Control Officer shall be dispatched to the site of the unlicensed
dog within seventy-two (72) hours of receiving a. call / complaint.
8. When the Contractor receives a complaint under section. 7 of the By-law concerning a
barking dog, the Dog Control Officer shall be dispatched to the site of the barking dog
within seventy-two (72) hours of receiving a call / complaint.
9. When the Contractor receives a complaint under section 8 of the By-law concerning an
owner that has not removed the feces left by his/her dog on any property other than the
property of the owner, the Log Control Officer shall be dispatched within seventy-two
(72) hours of receiving a call / complaint.
10. When the Contractor receives a complaint under section 9 of the By-law concerning a
diseased or injured cat, the Dog Control Officer shall be dispatched to the site of the
diseased or injured cat within two (2) hours of receiving a. call/complaint.
11. The details of any calls/complaints received and responded to under paragraphs 4 through
10 of this Schedule "A" and any provision of the Agreement shall be documented by the
Contractor.
I, Robert Aunt, of Quispamsis, in Kings County and Province of New Brunswick, INTAKE,
OATH AND SAY: -
THAT I am the President of Saint John Shelter Ltd., the Contractor named in the foregoing
instrument, and have custody of the corporate seal of the said company and am duly authorized
to make this affidavit.
2. THAI' the seal affixed to the foregoing agreement and purporting to be the corporate seal
of Saint John Shelter Ltd., is the corporate seal of the said Saint John Shelter Ltd., the Contractor
named in the foregoing instrument, and it was affixed by the officer authorized to so affix the
seal.
3. THAT the signature "Robert Hunt" subscribed to the said instrument is my signature and.
as President I am duly authorized to execute the said instrument.
4. THAT the said document was executed as aforesaid at the City of Saint John in the
Province of New Brunswick on the day of , 2017.
SWORN TO before me at the City of)
Saint John, in the County of Saint )
John and Province of New )
Brunswick, this°` day of )
2017. )
Comx7issiner of Oaths )
Y LYNN POFFFENROTH
c OSSI N OF OATHS
�u1°fcOMMISSION EXPIRES
IDECEMBER 31ST, 2019
Robert F.
I, Liz Syvertsen-Bitten, of the City of Saint John, in the County of Saint John and
Province of New Brunswick, MAKE OATH AND SAY: -
1, THAT I am the Vice -President of Saint John Shelter Ltd., the Contractor named in the
foregoing instrument, and have custody of the corporate seal of the said company and am duly
authorized to make this affidavit.
2. THAT the seal affixed to the foregoing agreement and purporting to be the corporate seal
of Saint John Shelter Ltd., is the corporate seal of the said Saint John Shelter Ltd., the Contractor
named in the foregoing instrument, and it was affixed by the officer authorized to so affix the
seal.
3. THAT the signature "Liz Svvertsen-Bitten" subscribed to
the said instrument is my
signature and as Vice -President I am duly authorized to execute the said instrument.
4. THAT the said document was executed as aforesaid at the City of Saint John in the
Province of New Brunswick on the day of 2017.
SWORN TO before me at the City of)
Saint John, in the County of Saint
John and Province of New
Brunswick, this 12)'0", day of
2017.
4Z
-44
is
-
Comi-flis'si0 0 ®t �Oaths
PQFFENRf-')
. �Z*i
COMM18SIONER OF o/mris
MY COIANAISSION EXPIRES
DECEIMBER 3 1 ST, 2019
-
Liz Syve Qse -B7---Fit
en
./,,n
COUNCIL REPORT
M&C No.
2017-275
Report Date
October 23, 2017
Meeting Date
October 30, 2017
Service Area
Growth and Community
Development Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: Proposed Public Hearing Date —1157 Loch Lomond Road, 1000 Sandy
Point Road, 100 Kierstead Road, 408-418 Prince Street, 34-36 Douglas
Avenue and 172 Manners Sutton Road
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner/Dept. HeadCity
Manager
Mark Reade
Jacqueline Hamilton
Jeff Trail
RECOMMENDATION
That Common Council schedule the public hearings for the rezoning applications of
Hughes Surveys and Consultants on behalf of Columbian Charities (1157 Loch
Lomond Road), NJP Developments Inc. (1000 Sandy Point Road), Lisa Keenan on
behalf of Ouisi Enterprises Inc. (408-418 Prince Street and 34-36 Douglas Avenue)
and Don -More Surveys and Engineering on behalf of Mike Cavanaugh Homes Inc.
(172 Manners Sutton Road), and the Section 39 Amendment application of Pro -
Woodworking Enterprises (100 Kierstead Road) for Monday December 11, 2017 at
6:30 p.m. in the Council Chamber, and refer the applications to the Planning
Advisory Committee for a report and recommendation.
EXECUTIVE SUMMARY
The purpose of this report is to advise Common Council of the rezoning and Section
39 amendment applications received and to recommend an appropriate public
hearing date. The next available public hearing date is Monday December 11, 2017.
PREVIOUS RESOLUTION
At its meeting of August 3, 2004, Common Council resolved that:
1. the Commissioner of Planning and Development receive all applications for
amendments to the Zoning By-law and Section 39 resolutions/agreements
and proceed to prepare the required advertisements; and
2. when applications are received a report will be prepared recommending the
appropriate resolution setting the time and place for public hearings and be
091
-2 -
referred to the Planning Advisory Committee as required by the Community
Planning Act.
STRATEGIC ALIGNMENT
While the holding of public hearings for proposed rezoning and Section 39
amendments is a legislative requirement of the Community Planning Act, it is also a
key component of a clear and consistent land development processes envisioned in
the One Stop Development Shop Program. These processes provide transparency
and predictability for the development community and City residents.
On a broader note, the development approvals process works towards fulfilling key
Council priorities including:
■ ensuring Saint John has a competitive business environment for investment,
■ supporting business retention and attraction; and
■ driving development in accordance with PlanSJ which creates the density
required for efficient infrastructure and services.
REPORT
As provided in Common Council's resolution of August 3, 2004, this report indicates
the rezoning and Section 39 amendment applications received and recommends an
appropriate public hearing date. Details of the applications are available in the
Common Clerk's office and will form part of the documentation at the public
hearings. The following applications have been received:
Name of Location
Existing
Proposed
Reason
Applicant
Zone
Zone
Residential
Hughes Surveys 1157 Loch
Low -Rise
Mid -Rise
To construct a
and Consultants Lomond Road
Residential
Residential
multiple unit
on behalf of
(RL)
(RM)
dwelling
Columbian
Road
Commercial
Amendment
Charities
Enterprises
(CG)
NIP
1000 Sandy Point
Two -Unit
General
To construct a
Developments
Road
Residential
Commercial
commercial
Inc.
(R2)
(CG)
development
Pro-
100 Kierstead
General
Section 39
To convert the
Woodworking
Road
Commercial
Amendment
existing building
Enterprises
(CG)
(CG)
into a multiple unit
Lisa Keenan on
408-418 Prince
One -Unit
Mid -Rise
To recognize an
behalf of Ouisi
Street
Residential
Residential
existing residential
Enterprises Inc.
(RI)
(RM)
use
Lisa Keenan on
34-36 Douglas
Urban Centre
General
To recognize an
behalf of Ouisi
Avenue
Residential
Commercial
existing
Enterprises Inc.
(RC)
(CG)
commercial use
Don -More
172 Manners
One -Unit
Mid -Rise
To construct two
Surveys and
Sutton Road
Residential
Residential
multiple unit
Engineering on
(RI)
(RM)
dwellings
behalf of Mike
Cavanaugh
Homes Inc.
31
-3 -
SERVICE AND FINANCIAL OUTCOMES
The scheduling of the public hearing and referral to the Planning Advisory
Committee satisfies the legislative and service requirements as mandated by the
Community Planning Service.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
Not applicable.
ATTACHMENTS
None.
0
COUNCIL REPORT
M&C No.
2017.236
Report Date
October 24, 2017
Meeting Date
October 30, 2017
Service Area
Saint John Water
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: CN Rail Agreement Required for 2016-05: Tilley Avenue — Sanitary
Lift Station and Sewer Improvements
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:
The City of Saint John enter into the Canadian National Railway Company
(CN) Standard Culvert/Pipe Agreement attached to M&C 2017-236 for
the one-time fee of $2,500 plus HST, and
That the Mayor and Common Clerk be authorized to execute the
necessary contract documents
EXECUTIVE SUMMARY
The attached Agreement between CN and the City of Saint John is necessary in
order to carry out portions of the work of Contract 2016-05: Tilley Avenue —
Sanitary Lift Station and Sewer Improvements.
There is a one-time fee for the Agreement in the amount of $2,500 plus HST.
PREVIOUS RESOLUTION
November 14, 2016 (M&C 2016-268), 2017 Water & Sewerage Utility Fund
Capital Fund Program Approved.
March 6, 2017 (M&C 2017-36), 2017 Water & Sewerage Utility Fund Capital
Program Adjustments Approved.
091
-2 -
July 10, 2017 (M&C 2017-192), Contract 2016-05: Tilley Avenue — Sanitary Lift
Station and Sewer Improvements Awarded.
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.
SERVICE AND FINANCIAL OUTCOMES
N/A
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
Transportation and Environment Services, Saint John Water and the City
Solicitor's Office have provided input to this Report.
ATTACHMENTS
1. Canadian National Railway Company Standard Culvert/Pipe Agreement.
2. Standards Respecting Pipeline Crossings under Railways TC E-10.
3. Plan 17005 -1D -CN
011
Railway File: 4715-SSX-85.80
Applicant File:
Standard Culvert/Pipe Agreement No.:
THIS AGREEMENT entered into at Moncton, Province of New Brunswick, this day of 2017.
BETWEEN: CANADIAN NATIONAL RAILWAY COMPANY, a corporation
having its head office at 935 de la Gauchetiere Street West,
Montreal, Quebec H3B 21V19
(hereinafter the "Railway")
AND: THE CITY OF SAINT JOHN
PO BOX 1971
Saint John, New Brunswick E2 41-1
(hereinafter the "Applicant")
WHEREAS the Railway hereby grants the Applicant the right and privilege to remove a combine sewer
overflow chamber and abandon a 200mm sanitary pipe by pressure grouting and to make repairs to a 900mm
combine sewer pipe within the Railway's right-of-way, at Mile 85.80, on the Sussex Subdivision (hereinafter
the "works"), in the City of Saint John, Province of New Brunswick, as shown on Plan(s) No. 17005-1 D-
CN, dated/revised August 16, 2017 (hereinafter the "Plan(s)"), attached hereto as Appendix A and forming an
integral part hereof.
NOW THEREFORE THIS AGREEMENT WITNESSES 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:
The Applicant will carry out the work as shown on the Plan(s) and in accordance with Railway
requirements respecting safe railway operations, and no works shall proceed until the Agreement has
been signed and the Plan(s) has/have been approved by the Railway.
2. The works shall be constructed and at all times maintained in accordance with the RailwaySafetyActand
regulations, plans or specifications in force, adopted or approved by Transport Canada respecting pipe
crossings under Railways, including the latest Standards Respecting Pipeline Crossings Under Railways,
TCE-10, attached hereto as Appendix B and forming an integral part hereof, as amended from time to
time, and any subsequent replacement document, according to the plans and specifications approved by
the Railway.
3. Upon completion of the installation of the works, the Applicant shall submit to the Railway, a plan with a
drawing confirming the as -built works meet the requirements.
4. No maintenance work shall be done without first obtaining the Railway's consent.
Initials:
Railway
Applicant
W
Page 1
Under certain circumstances, before giving its permission to proceed to any work, the Railway may, at
its discretion, assign an inspector to supervise the work to take place on its property. While so
engaged, the inspector's wages and expenses will be chargeable to the Applicant and shall be paid by
the Applicant immediately upon request by the Railway.
6. All costs associated with the construction, the replacement, the use and the maintenance of the works,
including flagging, location of underground cables and engineering fees, shall be paid by the Applicant.
Should it become necessary or expedient for the purposes of repair or improvement on the said Railway
that the works be removed, relocated or modified, the Applicant shall, at its risk and expense, comply
with the request of the Railway, failing which the Railway shall have the right to execute or have
executed, at the risk and expense of the Applicant, any work required to remove, relocate or modify the
said works.
8. Should the works be modified or relocated pursuant to clause 7, the Applicant shall submit to the
Railway, a plan with a drawing confirming the as -built modified or relocated works meet the
requirements.
In addition to any other amounts payable by the Applicant pursuant to this Agreement, as
compensation for the rights and privileges herein granted and until clause 15 is invoked, the Applicant
shall immediately pay a non-refundable one-time lump sum of $2,500, plus the applicable G.S.T. All
sums payable pursuant to this clause shall be payable to the order of the Railway, care of its
authorized representative, at such address as the authorized representative shall provide.
9.1. The Applicant shall also pay all taxes, rates and assessments of any other nature that may be
levied from time to time during the course of this Agreement against the Railway's property as a
result of the works constructed by the Applicant. The Railway's G.S.T. Registration Number is
R100768779.
10. The Applicant shall indemnify and hold harmless the Railway from any losses, liens, damages, liability,
and expenses ("Damages") incurred by the Railway arising from the Applicant's, or its employees,
agents, contractors or sub -contractors', breach of its obligations or warranties under this Agreement;
any third party claims associated with or arising under this Agreement; or the Applicant's access to the
Railway's or the Railway's affiliates' premises. In the event that the Railway has incurred Damages,
the Railway shall notify the Applicant and the Applicant shall indemnify the Railway for the Damages
and defend and hold harmless the Railway against any third party legal claims associated with the
Damages. No third party claim may be settled without the consent of the Railway, which consent
shall not be unreasonably withheld.
11. The Applicant shall immediately carry out all measures which the Railway, in its sole discretion, considers
necessary to keep the works free and clear of all environmental contaminants or residue (hereinafter
referred to as "Environmental Contamination") resulting from the Applicant's occupation or use of the
Railway's premises (hereinafter the "Premises"), such condition to be confirmed (at the option of the
Railway and at the sole expense of the Applicant) by a post -termination environmental inspection/audit of
the Premises to be carried out by the Railway. The Applicant shall be solely responsible for the cost of all
work carried out to correct any Environmental Contamination which occurs on the Premises, or which
occurs on other lands as a result of the Applicant's occupation or use of the Premises.
Initials: Page 2
Railway
Applicant
36
11.1 Notwithstanding the foregoing, in the event that the Railway, at any time, suspects that a
potential source of Environmental Contamination may be either present on the Premises or at
risk of escaping from or onto the Premises to or from the adjoining lands, the Railway shall have
the right to enter upon the Premises, at all reasonable times and from time to time, in order to
inspect the Premises and conduct or require the Applicant to conduct, at the Applicant's expense,
such tests as may be required to verify the condition of the Premises. The Applicant shall, at its
expense, take any and all action as shall be required to prevent such Environmental
Contamination from occurring or escaping from or onto the Premises.
11.2 The Applicant shall be responsible to notify the Railway of all Environmental Contamination
that the Applicant suspects is occurring on or escaping onto the Premises from adjacent lands
or resulting from third party occupation.
11.3 If the Applicant fails to correct any Environmental Contamination to the satisfaction of the
Railway and any public authority having jurisdiction, the Railway may have such work
performed by its employees or agents. The Railway may charge the Applicant from time to time
for all the costs incurred by the Railway in correcting such Environmental Contamination, plus
fifteen per cent (15%) for overhead, and the Applicant shall pay the Railway's invoice or invoices
for such costs within ten (10) days of receipt of each invoice. In the event such remedial work is
carried out by any public authority, the cost of such work shall be borne by the Applicant.
11.4 The Applicant shall comply with the provisions of any federal, provincial or municipal laws
applicable to the Premises with respect to maintaining a clean environment. If any public
authority having jurisdiction with respect to environmental protection or fire protection requires
the installation of equipment or apparatus on the Premises to improve the environment or to
improve fire protection facilities, then the Applicant shall promptly install such equipment or
apparatus or take such measures as may be required by such public authority. The Applicant
shall be solely responsible for the cost of all work carried out to comply with the requirements of
a public authority.
11.5 Upon the termination of this Agreement, the Applicant shall leave the Premises in a clean and
tidy condition, free of any Environmental Contamination resulting from or occurring during the
Applicant's occupation or use of the Premises. If the Applicant has installed any facility on or
under the Premises, the Applicant shall remove such facility, subject to the provisions of
clause 15. The Applicant shall have the burden of proving that any Environmental
Contamination has not resulted from or occurred during its occupation or use of the Premises.
11.6 The responsibility of the Applicant to the Railway with respect to the environmental
obligations contained herein shall continue to be enforceable by the Railway notwithstanding
the termination of this Agreement.
12. The Applicant shall, at its sole expense, provide and maintain in full force and effect during the term of
this Agreement, and for any subsequent renewal term, insurance coverage as follows:
Initials:
Railway
Applicant
12.1. Commercial General Liability, in the amount of no less than ten million dollars ($10,000,000) per
occurrence, combined single limit for bodily/personal injury (including death), or for damage to
or destruction of property (including loss of use) caused by accident or occurrence. This policy
shall name the Railway as an additional insured and shall contain a cross -liability clause.
Kul
Page 3
12.2. The Applicant shall provide the Railway with proof of insurance in the form of an insurance
certificate, which certificate shall detail the coverage requirements and shall obligate the
insurers to give the Railway a thirty (30) day prior written notice of cancellation or non-
renewal, or of any material change affecting the coverage provided therein.
13. The Applicant's property, and any other person's property, shall, while located on the Railway's
premises to fulfill any obligation covered by the present Agreement, be deemed to be there at the risk
of the Applicant as to damages, loss or theft attributable to any cause whatsoever.
14. This Agreement is binding upon the respective employees, agents, successors and representatives of the
Railway and the Applicant; however, the Applicant may not assign or transfer this Agreement, in whole
or in part, or any of the rights and privileges resulting there from, without the prior written consent of the
Railway. Said consent may not be unreasonably withheld.
15. This Agreement will continue in force from the date hereof to its termination by either party, at any time,
by giving a written notice to the other party at least thirty (30) days prior to the proposed date of
termination. In the event of any failure by the Applicant to comply with any provisions of this
Agreement, and upon the Applicant being notified in writing by the Railway alleging such failure and
failing to remedy the failure within (thirty) 30 days of receiving such notice, the Agreement will be
forthwith terminated upon receipt of written notice of termination. In either case, it is understood that
the Railway will not reimburse the Applicant for any monies paid in advance under the provisions of this
Agreement.
16. Unless otherwise specified, all notices, accounts, statements, reports, documents or instructions to be
given by any party under the terms of this Agreement must be given in writing at the following
address:
Initials:
Railway
Applicant
1 Administration Road
Concord, Ontario
L4K 1 B9
Attention: Contracts Dept.
Facsimile: (905) 760-5010
FOR THE APPLICANT:
PO BOX 1971
Saint John, NB E21-41-1
Attention: Common Clerk
Phone: (506).658-2862
Copies to Commissioner, Saint John Water
(506)-658-4455
Notice shall be sufficiently given if delivered by courier or facsimile, or if mailed by prepaid registered
M-11
Page 4
mail to the above address or to such other place as may be specified in writing. Any notice or other
document, if delivered by courier or facsimile, shall be deemed to have been given or made on the
date delivered or the date that a confirmation of receipt of the facsimile was recorded by the sender,
and if mailed, on the third business day following the date on which it was mailed. In the event of an
actual or imminent disruption of postal service in Canada, the notice shall be delivered by courier.
17. At the expiry of the present Agreement or, in the case of cancellation of the Agreement within the period
determined in writing by the Railway, the Applicant will, at its risk and expense, remove from the
Railway's property all works constructed under this Agreement, as well as all material not belonging to
the Railway. Should the Applicant fail to comply with the requirements of this clause, the Railway
reserves the right, at its discretion, to do the work that the Applicant should have done in accordance
with this clause, or to have the work done, at the risk and expense of the Applicant. Under such
circumstances, all the material located on the Railway's property shall become the property of the
Railway, without compensation to the Applicant and without prejudice to the Railway's right to recourse
against the Applicant for compensation for any costs or damages incurred by the Railway as a result of
the Applicant's default.
18. The Applicant shall not, at any time and in any way, impede the operation, the maintenance or the
enjoyment of the Railway's property by the Railway and its representatives. If the Railway deems, at its
discretion, that the work being undertaken or the method used to undertake the work will impede the
Railway in any way, the Railway may order the work stopped, recommend a different methodology,
require that adequate protective measures be taken and generally impose any measures or any
combination of measures that the Railway may deem necessary under the circumstances. The Applicant
will comply with the requirements of this clause, at its risk and expense and without recourse against the
Railway except for damages, if justified.
19. The Applicant agrees not to register this Agreement or to file or register any caveat or other encumbrance
based on this Agreement against the title for the said Works without first obtaining the written consent of
the Railway.
20. This Agreement shall be governed by and construed in accordance with the laws of the Province of NB,
and all applicable federal laws and regulations.
21. The parties agree to settle disputes by way of negotiations. Should negotiations fail, the parties agree
that any dispute relating to the wording and interpretation of the clauses in this Agreement will be
resolved in accordance with the Arbitration Act of the Province in which the works are located.
22. The preamble to this Agreement and all of its Appendices form an integral part of the Agreement.
Initials:
Railway
Applicant
061
Page 5
IN WITNESS WHEREOF the parties hereto have executed these presents as of the day and year first above
written.
Signed in the presence of:
Witness Signature
Witness Name
Date
Signed in the presence of:
Witness Signature
Witness Name [please print]
Date
Initials:
Railway
Applicant
CANADIAN NATIONAL RAILWAY COMPANY
Signature
Quentin T. Moore
Name
Regional Manager, Eastern Canada
Business Development & Real Estate
Title
Date
CITY OF SAINT JOHN
Signature
Name [please print]
Title [please print]
Date
Page 6
Appendix A
PLAN (S)
!II
Standards Respecting Pipeline
Crossings Under Railways
TC E-10 (June 21, 2000)
Transport Transports '
Canada Canada 43 Canada
CONTENTS
SCOPE
2. GENERAL APPLICATIONS AND EXCLUSIONS
3. GENERAL CONDITIONS
4. REQUIREMENTS FOR PIPELINES CROSSING UNDER RAILWAYS - GENERAL
5. REQUIREMENTS FOR OIL AND GAS PIPELINES UNDER RAILWAYS
6. REQUIREMENTS FOR STEAM, WATER, SEWER AND OTHER NON-
FLAMMABLE SUBSTANCE PIPELINES UNDER RAILWAYS
APPENDIX'A' - Plans and Design Requirements for Pipelines Crossing under
Railways
!El!
-1 -
STANDARDS RESPECTING PIPELINE CROSSINGS UNDER RAILWAYS
1. SCOPE
1.1 These standards may be known as the "Pipeline Crossing Standards".
1.2 These standards are intended to ensure that pipeline crossings under Railways are
installed, renewed and maintained in a safe manner. These standards apply to Railway
Companies subject to the jurisdiction of the Minister of Transport pursuant to the
Railway Safety Act.
2. GENERAL APPLICATIONS AND EXCLUSIONS
2.1 Pipeline Installation Procedures shall be in strict conformance with all Federal,
Provincial and local safety regulations.
2.2 These standards do not include overhead cable crossings, overhead pipeline crossings,
and underground cable crossings.
2.3 These standards do not apply to any pipe installed under a railway right-of-way prior to
the date of approval of these standards, unless the pipeline crossing is to be
reconstructed.
3. GENERAL CONDITIONS
3.1 No person shall commence the installation of any pipe under a railway without:
a) submitting to the railway company detailed plans of the proposed installation in
accordance with the requirements outlined in Appendix W; and
b) obtaining a written approval from the railway company that owns, operates or
has control of the railway.
3.2 No person shall commence the repair, maintenance or removal of any pipe under a
railway without obtaining a written approval from the railway company that owns,
operates or has control of the railway.
!1'7
-2-
3.3 Every owner of a pipe installed under a railway, shall at all times maintain the
pipe in good working order and condition, so that:
a) the safety of railway operations is not threatened in any manner;
b) the safety of the public, including the lives, well-being and health of people is
safeguarded; and
c) the environment is protected.
4. REQUIREMENTS FOR PIPELINES CROSSING UNDER RAILWAYS
-GENERAL
For oil and gas pipelines crossing under railways, the requirements of C.S.A. Standard
Z662-99, and subsequent revisions, will apply as modified and amended in Section 5
herein.
For steam, water, sewer or other non-flammable substance pipelines crossing under
railways, the requirements of Section 6 shall apply.
The term "Engineer" used herein means the Chief Engineer of the railway company or
his authorized representative.
General: Railway design loading applicable to all pipelines crossing under railways
shall be Cooper's E80 track loading, with diesel impact as specified in C.S.A. Standard
Z662-99. The use of optional limits states design processes under C.S.A. Standard
Z662-99 will not apply to the design of oil and gas pipelines crossing under railways.
5. REQUIREMENTS FOR OIL AND GAS PIPELINES UNDER RAILWAYS
5.1 Amend C.S.A. Standard Z662-99 Clause 4.7 Cover and Clearance Requirements as
follows:
Table 4.8 "Minimum Cover and Clearance Requirements": In the case of oil and gas,
and hazardous* gas pipelines crossing under railways, Table 4.8 shall be amended as
follows:
-3 -
Table 4.8
Minimum Cover and Clearance Requirements
(1) Minimum cover for buried pipelines, cm (measured to top of carrier or casing
pipe, as applicable)
Location
Type of Pipeline
Class
Normal
Rock excavation
Location
Excavation
requiring blasting or
removal by comparable
means
Crossings of railway rights-of-way : below base of rail **
All Tracks:
Cased
Flammable or
All
168
168
hazardous* gas
(5.5 ft)
(5.5 ft)
or liquid
Uncased
Flammable or
All
305
305
hazardous* gas
(10.0 ft)
(10.0 ft)
or liquid
Crossings of railway rights-of-way: below bottom of ditches or ground surface * * *
Cased
Flammable or
All
91
91
hazardous* gas
(3.0 ft)
(3.0 ft)
or liquid
Uncased
Flammable or
All
183
183
hazardous* gas
(6.0 ft)
(6.0 ft)
or liquid
Railway rights-of-way for cased or uncased buried longitudinal pipelines ***
Between 762 cm and 1524
Flammable or
All
183
183
cm from centre -line of
hazardous* gas
(6.0 ft)
(6.0 ft)
nearest track
or liquid
Greater than 1524 cm
Flammable or
All
152
152
from centre -line of nearest
hazardous* gas
(5.0 ft)
(5.0 ft)
track I
or liquid
Non-flammable gas or liquid products which, from their nature or
pressure, might cause damage or endanger the lives, well-being and health
of people, or the environment, if escaping on or in the vicinity of railway property.
-4 -
Within 7 metres of centre of outside rail, measured at right angles to the centre-
line of the track.
*** On portions of the right-of-way where carrier or casing pipe is not directly
beneath any track.
5.2 Amend C.S.A. Standard Z662-99 Clause 4.7.1 as follows;
Add to end of Clause 4.7.1: For oil and gas pipelines crossing under railways, minimum
cover requirements shall be in accordance with Table 4.8 of the referenced standard
C.S.A. Z662-99, as amended herein. For any proposed pipeline crossing physically
unable to meet the minimum cover requirements specified in Table 4.8 as amended
herein, the applicant will propose alternative methods and shall obtain approval of the
Engineer to use such methods.
5.3 Amend C.S.A. Standard Z662-99 as follows;
Add as a new Clause 4.8.5 called "Pipe installation near railway bridges and buildings"
the following:
Pipelines carrying flammable or hazardous gas or liquids under railways shall not be
placed within a culvert, under railway bridges nor closer than 13.7m to any portion of
any railway bridge, building or other important structure on a railway right-of-way,
except in special cases and then by special design as approved by the Engineer.
Add to Clause 10.2.2:
Emergency response procedures shall be developed by the applicant to handle a situation
in which a pipeline leak or railroad derailment or incident may jeopardise the integrity of
the pipeline. Local conditions shall be considered when developing these procedures.
Add to Clause 10.2.8.4:
Oil and gas pipeline crossings shall be prominently identified where pipelines enter and
exit railway right-of-way, approximately on the limits thereof, by signs in a language or
languages appropriate to the region in which the sign is located. Such signs shall meet
the requirements of C.S.A. Standard Z662-99, as amended herein. Additional signage
will be required by the Engineer where the above signs are not readily visible from the
track.
!E:3
-5 -
Add as a new Clause 4.4.11 called "Emergency Shutoff Valves" the following:
For oil and gas pipelines, accessible emergency shutoff valves shall be located each side
of the railway within effective distances as mutually agreed to by the Engineer and the
pipeline company. These valves shall be marked with signs for identification. Where
pipelines are provided with automatic control stations and/or valves that are remotely
operated, no emergency shutoff valves are required at the crossing.
Add as a new Clause 4.7.4 called "Longitudinal installations" the following:
Longitudinal oil and gas pipelines on the railway right-of-way shall be located as far as
possible from any track. They shall not be within 7.62m of the centre -line of any track,
and shall be marked by a sign approved by the Engineer every 152.4m and at every road
crossing, streambed, other utility crossing, and at locations of major change in direction
of the line. In exceptional situations, where it is not physically possible to locate the
pipeline beyond 7.62m of the centre -line of a track, the carrier pipe shall be encased or of
special design and must be approved by the Engineer.
5.4 Amend C.S.A. Standard Z662-99 Table 4.9 "Least Nominal Wall Thickness for Steel
Casing Pipe in Cased Crossings and Carrier Pipe in Uncased Crossings" as follows;
All least nominal wall thicknesses for steel casing pipe in cased crossings and steel
carrier pipe in uncased crossings shall be as shown in Table 4.9, except that the least
nominal wall thickness shall not be less than 4.8 mm in any case.
Add new Notes under Table 4.9, as follows:
Notes:
1) When steel casing pipe or carrier pipe is installed under a railway without benefit of
a protective coating or is not cathodically protected, the least nominal wall
thickness shown in Table 4.9 shall be increased by a minimum of 1.6mm.
2) Steel casing or carrier pipe installed under a railway shall have a specified
minimum yield strength of 241 Mpa or greater.
5.5 Amend C.S.A. Standard Z662-99 Clause 4.8.3 "Crossings of Roads and Railways" as
follows;
Add new item to Clause 4.8.3.3 Cased Crossings:
(h) Casing pipe and joints under railways shall be of leakproof construction capable of
withstanding railway loadings specified herein, and shall be of steel unless otherwise
indicated herein, or as approved by the Engineer.
5.6 Replace C.S.A Standard Z662-99 Clause 12.4.6 with the following:
Polyethylene carrier pipe may be used in pipeline systems for the transportation of
gaseous hydrocarbons under railways if.
(i) The design pressure does not exceed 700 kPa.
(ii) The carrier pipe is made from polyethylene materials permitted by C.S.A.
Standard CAN/CSA-B137.4-92 (R1998), and subsequent revisions.
(iii) The outside diameter of the carrier pipe is not greater than 168.3mm.
(iv) The polyethylene carrier pipe within the entire limits of the railway right-of-way,
is encased in a steel casing pipe meeting the requirements of C.S.A Standard
Z662-99, as amended herein.
5.7 Replace C.S.A. Standard Z662-99 Clause 15.4.5 with the following:
Aluminum pipe is not acceptable for use in pipeline crossings under railways.
6. REQUIREMENTS FOR STEAM, WATER, SEWER AND OTHER NON-
FLAMMABLE SUBSTANCE PIPELINES UNDER RAILWAYS
6.1 Carrier and Casing Pipe Requirements
Pipelines carrying steam, water (other than oilfield steam and water), sewer, and other
non-flammable or non -hazardous substances under railways shall be encased in a larger
pipe or conduit called the casing pipe. Casing pipe may be omitted under the following
conditions:
(a) under secondary or industrial tracks as approved by the Engineer, provided
maximum operating pressure in the carrier pipe does not exceed 700 kPa.;
(b) for non -pressure sewer crossings where the strength of the pipe and its joints are
capable of withstanding railway loading, as approved by the Engineer.
61191
-7 -
Carrier pipe, casing pipe, and joints shall conform to the applicable requirements of AREMA
Ch. 1 Section 5.3 with respective materials in conformance with C.S.A. Standards, and be:
(a) of acceptable material and construction as approved by the Engineer, and
(b) of sufficient strength to withstand the internal pressure and external loading, and
(c) properly connected at the joints and leakproof.
Joints for carrier line pipe shall be leakproof mechanical or welded type.
For steel carrier or casing pipe the least nominal wall thickness shall be in accordance
with C.S.A. Standard Z662-99 as amended in Section 5 of this Pipeline Crossing Standard.
For pressures under 700 kPa in the carrier pipe, the casing pipe, if required, may be reinforced
concrete pipe conforming to specifications in AREMA Manual for Railway Engineering Chapter
8 "Concrete Structures and Foundations", Part 10 'Reinforced Concrete Culvert Pipe", or coated
corrugated metal pipe conforming to AREMA Manual Chapter 1, Part 4, all as approved by the
Engineer. Respective materials shall conform to applicable C.S.A. standards.
51
-8-
6.2 Minimum Cover and Clearance Requirements
(a) Minimum cover for buried pipelines, cm (measured to top of carrier
or casing Dive, as applicable)
Location
Type of Pipeline
Class
Normal
Rock excavation
Location
Excavation
requiring blasting
or removal by comparable
means
Crossings of railway rights-of-way : below base of rail **
Main Tracks:
Cased
Water, sewer, steam or non-
All
168
168
flammable or non-
(5.5 ft) or
(5.5 ft) or below frost line
hazardous* substance
below frost
line
Crossings of railway rights-of-way: below base of rail **
Secondary or Industrial Tracks:
Cased
Water, sewer, steam or non-
All
137
137
flammable or non-
(4.5 ft) or
(4.5 ft) or below frost line
hazardous* substance
below frost
line
Uncased
Water, sewer, steam or non-
All
137
137
flammable or non-
(4.5 ft) or
(4.5 ft) or below frost line
hazardous* substance
below frost
line
Crossings of railway rights-of-way; below bottom of ditches or ground surface ***
Cased
Water, sewer, steam or non-
All
91
91
flammable or non-
(3.0 ft) or
(3.0 ft) or below frost line
hazardous*
below frost
substance
line
Uncased
Water, sewer, steam or non-
All
91
91
flammable or non-
(3.0 ft) or
(3.0 ft) or below frost line
hazardous* substance
below frost
line
Railway rights-of-way for cased or uncased buried longitudinal pipelines ***
Up to 1524
Water, sewer, steam or non-
All
122
122
cm from
flammable or non-
(4.0 ft) or
(4.0 ft) or below frost line
centre -line of
hazardous* substance
below frost
nearest track
line
Greater than
Water, sewer, steam or non-
All
91
91
1524 cm
flammable or non-
(3.0 ft) or
(3.0 ft) or below frost line
from centre-
hazardous* substance
below frost
line of
line
nearest track
ivon-rlammanle gas or liquid products which, ti•om their nature or pressure, might cause damage or endanger
the lives, well-being and health of people, or the environment, if escaping on or in the vicinity of railway
property.
** Within 7 metres of centre of outside rail, measured at right angles to the centre -line of the track.
*** On portions of the right-of-way where carrier or casing pipe is not directly beneath any track.
61
6.3 General Installation Requirements
For water and sewer crossings under railways, the highest point of carrier pipe shall be
below the frost line. In regions of permafrost or where other obstacles make it
impossible to place the pipe below the frost line, the applicant will propose alternate
methods to protect the pipe in sub -freezing temperatures and shall obtain approval of the
Engineer to use such methods.
Pipelines carrying steam, water (including oilfield steam and water), sewer and other
non-flammable or non -hazardous substances under railways, shall not be placed within
culverts nor under railway bridges where there is likelihood of restricting the area
required for the purposes for which the culverts or bridges were built, or of endangering
the foundations. Any such pipelines laid longitudinally on railway rights-of-way shall be
located as far as practicable from any tracks or other important structures. If located
within 7.62 metres of the centre -line of any track, or where there is significant risk of
damage from leakage to any bridge, building or other important structure, the carrier pipe
shall be encased or of special design as approved by the Engineer.
Every open drain crossing tracks in a railway yard shall be safely covered for at least
3.Om from the centre -line of track, except in times of flood when uncovered open drains
may be provided as may be necessary. In this case warning signs shall be erected.
C.S.A. Standards current at time of constructing the pipeline, shall govern the inspection
and testing of the facility within the railway rights-of-way. The proof testing of the
strength of carrier pipe shall be in accordance with C.S.A requirements.
6V
APPENDIX 'A'
Plans and Design Requirements for Pipelines
Crossing under Railways
For all pipeline crossings under railways (including oil and gas, steam, water, sewer, storm
drain, etc.), plans for proposed installation shall be submitted to and meet the approval of the
Engineer before construction is begun.
Plans shall be drawn to scale showing the relation of the proposed pipeline to railway tracks,
angle of crossing, location of nearest shut-off valves, railway mileage, right-of-way lines and
general layout of tracks and railway structures and facilities. Plans should also show a cross-
section (or sections) from field survey, showing pipe in relation to actual profile of ground and
tracks, with location of any joints in the carrier or casing pipe within the railway right-of-way,
and necessary geo-technical boreholes (soil type) and ground water levels. Pipelines shall be
installed under tracks by boring and/or jacking, if practicable. If open -cutting or tunneling is
approved, the proposed limits of excavation, details of sheeting and method of supporting tracks
or driving tunnel shall be shown, with supporting engineering calculations.
In addition to the above, plans should contain the following data:
Railway Mileage & Subdivision ......
Municipal Descriptions of Adjoining Properties .....................................
Name of Pipeline Owner .....................................
Carrier Pipe Casing Pipe
Contents to be handled .................
Outside Diameter
Pipe Material ...............
Specification and grade .................
Wall thickness ................. ...............
Maximum Operating Pressure ................. ...............
Maximum Surge & Test Pressure ................. ...............
Maximum Operating Temperature ...............
Minimum Operating Temperature ................. ...............
Type of joint ................. ...............
Coating ................. ...............
Method of installation .................
Vents: Number ......... Size.......... Height above ground
Seals: ....................... Both ends......... Type.................
Bury: Base of rail to top of casing ................................... in
Bury: (Not beneath tracks) ................................... in
Bury: (Roadway ditches) ................................... in
6'51!
-2-
Extent of casing measured perpendicular to centre-line of track ..............
Type, size and spacing of insulators or supports
Distance C.L. track to face of jacking/receiving pits
Bury: Base of rail to bottom jacking/receiving pits ..............
Cathodic Protection
Geotechnical Boreholes:
Soil Type
Base of Rail to ground water
yes.......... no.
yes.......... no.
............................
...........................m
m
in
M
Plans shall be sealed and signed by a professional engineer, competent in this field, registered in
the province or territory in which the pipeline crossing is located.
The execution of work on railway rights-of-way, including the supporting of tracks, shall be
subject to the inspection and direction of the Engineer.
Where laws or orders of public authority prescribe a higher degree of protection than specified
herein, then the higher degree of protection so prescribed shall be deemed a part of this Standard.
6191
APPENDIX "E"
Water/Sewer Pipe Line Crossings
Applicants must submit six (4) copies of an acceptable plan. Plans must meet TC E-10
and Railway Standards. Cost for reviewing the first plan received shall be included in the
Basic Application Fee. The applicant will be charged an additional fee for each review
after the initial application due to inadequate or missing information.
The following information is required on application drawings:
- application drawings must be to scale or have all dimensions shown.
- site plan showing location tied into legal description, width of the Railway right-
of-way, number of tracks and angle of crossing.
- direction of flow, location of shut-off valve on pressure side of Railway right-of-
way
- profile showing depth of burial from base of rail and ditch bottoms to top of pipe.
- cross-section showing or note stating carrier pipe will be held clear of casing pipe
by supports (if applicable as per TC E-10).
- type, wall thickness and pressures (operating and maximum test) of carrier and
casing pipes.
- concrete pipe must be minimum of class V.
- steel casing is required for a water line and all plastic pipe.
- intention to install warning markers at each edge of Railway right-of-way.
- type of cathodic protection (if used).
- when casing is used, it must extend the full width of the Railway's core right-of-
way or a minimum of 50' on either side of outermost rails.
- caption stating "Installation and maintenance to be in accordance with TC E-10".
- note stating method of installation.
- must be shown or noted that the ends of the casing will not be sealed.
- professional engineer's stamp and signature.
- contact name, address and phone number of pipeline owner on plan or cover
letter.
- copy of soils investigation (when required to support method of installation or as
requested by the Railway at time of application).
- location of nearest excavation from nearest rail to be identified on drawing.
- note of track name and mileage on drawing.
The nearest point at which digging can take place for boring pits, etc., is as follows:
Starting ten (10) feet from the gauge side of the nearest rail, calculate a slope to the
bottom of the proposed pipe at 1.5:1. If a 1.5:1 slope cannot be maintained or more
restrictive conditions occur, approved shoring will be required.
67�
M&C No.
2017-279
Report Date
October 24, 2017
Meeting Date
October 30, 2017
Service Area
Corporate Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT. REQUEST TO LAY BURIAL MARKER AT CHURCH OF ENGLAND
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author-
Commissioner/Dept. Head
City Manager
Bernard Cormier
Jonathan Taylor
Jeff Trail
RECOMMENDATION
It is recommended that the Common Council approve the request to lay a flat
military burial! marker in remembrance of Royal Artillery Gunner Thomas
Marshall (1828-1890).
EXECUTIVE SUMMARY
The Church of England Cemetery on Thorne Avenue was conveyed to The City of
Saint John by an Act of Legislature enacted in 1972.
Local Saint John resident Rick Marshall, in researching his family, discovered that
a distant relative, named Thomas Marshall, served with the Royal Artillery
Regiment from 1848-1869, and was buried in this cemetery. However, there is
no burial marker on the grave site.
The grave site, qualifies for a Military Grave Marking from the Last Post Fund, at
no cost to the City, but permission must be granted by Common Council, before
the marker may be installed.
The market used would be a Barre Grey Granite flat market (width 20" x Height
12Y4" x Thickness 4"). The grave site location is identified as Lot # SE 165
attached.
MITUR141 914YUMMEJ
N/A
61FA
STRATEGIC ALIGNMENT
N/A
SERVICE AND FINANCIAL OUTCOMES
All costs are to be absorbed by the Last Post Fund for the engraving, delivery,
and placement of the burial marker.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
Legal Department, New Brunswick Museum, Saint John Free Public Library, Rick
Marshall, and Cultural Affairs Office.
ATTACHMENTS
Cemetery Plot Map
Legislation enacted in 1972 (c.72)
Last Post Fund application
Vital Statistics for Thomas Marshall (indicating burial plot number)
T
13
L
zz
-L
SF
--L2
v 7 1
Church of England Cemetery, Saint John,
1972 Conveyance of Lands C. 72
CHA-PTER 72
TO ENArLE T7 AN ACT
T'r� C11 CH OF ENGLAND
CES ETEI'YIN THE CITY OF SAINT JOHN
TO CONVEY CEIJETERY LANDS To THE
CITY OF SAINT JOT -IN
Assented to June 17, 1971
WHEREAS the City of Saint John has by its petition pray-
ed that it be enacted as hereinafter set forth;
AND ' VJJEREAS it is deemed expedient to grant tht-
prayer in the said petition;
THEREFORE, Her Majesty, by and with the advice and
consent of the Legislative Assembly of New Brunsvnick, enacts
as follows:
I. From the date of the proclamation of the Act, it shall be
unlawful to inter, bury or place the corpse of any deceased
person within the said cemetery lands.
2. The lands described in Schedule "A" shall vest in the City
of Saint John in fee simple free and clear of
all encumbrances
and restrictions and thereupon the City may use the said lands
for the purpose of carryin
gout any of its powers or providing
prov,.
RDV Of its services, d that in no event shall the Citv
dispose of the said lands.
3. All money and personal property now owned or held by
the Church of England Cemetery in the Ci I
ty of Saint John
shall be transferred to and become the property of the City of
Saint John,
4. The Church of England Cemetery in the City of Saint
John incorporated by Chapter 71 of 17 George V, 1927 is hereby
dissolved and any and all of its undertaking and obligations
terminated (except for the purposes of transferring its property
to the City of Saint John as herein provided for),
SCHEDULE "A"
"ALL that certain lot, piece or parcel of land, situate, lying
and being in the City of Saint John, County of Saint Jobn,
Province of New Brunswick and being botmded and de-
scribed as follows.
383
Church of England Cemetery, Saint John,
384 C. 72 Conveyance of Lands 1972,.
BEGINNING at the intersection of the southern side of
Thorne Avenue with the western side of Ebert Street,
going thence along the said western side of Egbert Street
by the Magnet of A.D. 1958, south thirteen (13) degrees
fifty-nine (59) minutes five (05) seconds east four hundred
andel thirty-seven(437) feet to the edge of the former Marsh.
and high groun, thence along the said former edge of
anarsh and high ground north seventy-nine (79) degrees..
twenty-four (24) minutes five (015) seconds west four hun-
dred and fifty and fourteen hundredths (451),14) feet, tlaenoe
continuing along the said edge to apo" hearing north
seventy-three (73) degrees fifteen (15) roi Utes five (fly) se-
conds west a distance of two hundred and ninety-six and
ninety-six hundredths (251.96) feet to the line of division
between Iot herein described and lands occupied by Cana-
dian Fire Corporation Assoc Store, thence north three (3)
de ces sixteen (16) minutes west one hundred and nineteen
and zero tenths (119.11) feet, thence continuing north three
(3) degrees eighteen (18) minutes rarest one hundred (100)
feet to the aforesaid southern side of 'Thorne Avenue thence.
north eighty-six (86) degrees thirty-nine (39) minutes twenty-
four (24) seconds east six hundred and thirty-four and
eighty-four hundredths (634.84) feet to the place of be-
ginning, containing an area of 55.14 Acres and being desig-
nated as Lot A on a Plan, Church of England. Cemetery
Co., prepared by Murdoch-Lingley Limited dated Septem-
ber 8, 1971, signed by Carl A. Laubman, N.B.L.S. and filed
in the Common Cleric's Office, City of Saint John.
Last Post Fund � Fonds du Souvenir
Permission for Military Grave Marking
Tel: 1-800-465-7113 / infoca-Plastpost.ca / Fax: 514-866-1471
FONDS DU SOUVENIR Date: 18 -Jul -2017
The Last Post Fund is requesting permission to provide a military gravestone/marker. Once this form
is returned, a form will be sent to the applicant or next-of-kin for approval of inscription. Please
review & complete form as per cemetery regulations and sign/return, by mail, email' or fax
Veteran: Thomas Marshall Case Number: NBS10147 LPF Official: Tara Muia
Date of Death: 02 -.Jun -1890 Grave Location*: SE 165
*If Blank or incorrect, indicate proper section, grave, etc:
Has anyone else made arrangments for grave marking? F1 YES [] NO If YES, who?
May the Last Post Fund mark the grave? R YES El NO El Grave already marked
If NO, please explain reason:
(Religious Symbol or Crest)
THOMAS MARSHALL
GUNNER
ROYAL ARTILLERY
1828 - 1890
LEST WE FORGET
Cross is default symbol -other symbol needed?
o Star of David a Greek Orthodox Cross
n Other Symbol/crest:
Indicate if lot# MUST be inscribed on marker
(Only if mandatory) Lot #:
Spousal/2nd commemoration: is another marker
allowed in case of a 2nd interment?
I _o YES o NO -Only 1 marker allowed on grave
I'M
Type of Grave Marker Permitted at Cemetery: indicate dimensions & size of marker permitted in
section where Veteran is interred. Placement of an upright military -stone preferred, however, we
will match cemetery by-laws:
INSTALLATION. May the Last Post Fund Supplier install? El YES ONO -> Cemetery to install
I❑ UPRIGHT STONE (Barre Grey Granite): Width 15" x Height 39" (32" above ground) x Thickness 3"
If upright gravestone is permitted, please indicate how the marker may be installed:
[-1 1) Buried Concrete Pad Foundation
Recommended
Sideview
Sideviewof
method:
concrete
Stone
Mariner
Fouridatiorii Pad
(Exposed)
32'
Stone pinned to
(Buried)
foundation (29"
Grass
x 20") using a
floating
pinned
connection,
Grass
foundation which
measures 29"
x20", the lin of
packed earth adds
extra stability.
P,
Gran d r F
0 2) Exposed Concrete Pad Foundation
fanular Fill
[] 3,) Other installation method required (indicate): "I
nFLAT MARKER (Barre Grey Granite): Width 20" x Height 121/4 " x Thickness 4"
If flat marker is permitted, please indicate how marker may be installed:
Ej 1) Flat on granular Fi I I n2) Flat on Granite Block Foundation
Grass Grass
Marker
Idarker Flush
to Ground Granite Block,
n3) Indicate if other installation method required:
F1 BRONZE MARKER (Standard Size): Width 24" x Height 14"
(Bronze markers must be mandatory in section where Veteran is, interred)
D BRONZE MARKER (Special Size): Width 20" x Height 12"
D BRONZE MARKER (Special Size): Width 16" x Height 24"
Install bronze on Pink Granite Pad (2" rim)? E]YES E]NO ->Installl
W
Sideview
colicrele
of Maiker
Stone
Foundatioll Pad'
connected to
(Exposed)
32"'
floating
\,:
foundation (29"
Grass
x 20") using a
pinned
connection,
fanular Fill
[] 3,) Other installation method required (indicate): "I
nFLAT MARKER (Barre Grey Granite): Width 20" x Height 121/4 " x Thickness 4"
If flat marker is permitted, please indicate how marker may be installed:
Ej 1) Flat on granular Fi I I n2) Flat on Granite Block Foundation
Grass Grass
Marker
Idarker Flush
to Ground Granite Block,
n3) Indicate if other installation method required:
F1 BRONZE MARKER (Standard Size): Width 24" x Height 14"
(Bronze markers must be mandatory in section where Veteran is, interred)
D BRONZE MARKER (Special Size): Width 20" x Height 12"
D BRONZE MARKER (Special Size): Width 16" x Height 24"
Install bronze on Pink Granite Pad (2" rim)? E]YES E]NO ->Installl
W
If the dimensions and material for the grave markers listed are not permitted at your cemetery,
indicate the mandatory TYPE and SI' ZE that is required. Please be as detailed as possible:
UPRIGHT ------
Nighl FLAT
Indicate if BASE is required':
Check type of marker : ❑ Upright F1 Flat
Indicate material: (Grey Granite, Pink Granite, Bronze, etc)
M
Size (in inches): Width
Type Size (in inches): Width
Installation method required (please indicate):
Height Thickness
Height Thickness
Does your cemetery require a separate permission form or form signed by an interment rights
holder (or authorized signing representative) in order to proceed with a gravestone/marker?
❑ YES* ❑ NO *If yes, forward a copy so we may have it signed.
Cost of installation (if done by cemetery):
Other charges, please specify.
Supplier to forward fees to cemetery before delivery ->
If HST/GST is charged, please indicate registration number:
0 + tax
❑ + tax
TOTAL:
Please complete/sign form (making any corrections) & return to the Last Post Fund so that we may
proceed with the order. Contact Last Post Fund at 1-800-465-7113 with any questions.
I certify that Thomas Marshall is buried in the cemetery; the grave position is identifiable & not
permanently marked & the marker is acceptable to the cemetery.
SIGNATURE: x 64 DATE
(Cemetery official)
Husband: Thomas Marsball
17 June 1828
in: Parish of Chipping Sodbury, Gloucestershire Co. England
Married: 21 May 1857
in: St. Paul's Parish, Devon, England
31 May 1890
in: Saint John, New Brunswick
Burial: 1890
in: Church of England Burial Ground, Saint John, NB, Canada SE 165
Father: Thomas Marshall
Mother: Sarah Hobbs
Married: Unknown
Other Spouses.-
-1 -
Wife: Jane Harris
Born: 9 November 1833
in: Launceston, Cornwall, England
Died: 24 March 1900
in: Saint John, New Brunswick
Burial: 1.900
in: Church of England Burial Ground, Saint John, NB, Canada
Father. Isaac Harris
Dicd: 4 February 1927
Mother: Mary Bickell
Other Spouses:
CHILDREN
Married: Abt. 1892
All jul�
Name., Frederick Augustus William Thomas Job Marshall
Born: 13 March 1858
in: Devon County, England
M
Died: Unknown
in:
Burial:
Married: Unknown
in. -
Spouse: Barbara Leonard
2
Name: George Marshall
Born: I I November 1859
in: Devon County, England
M
Dicd: 4 February 1927
in: Denver, CO, USA
Burial:
Married: Abt. 1892
in., USA
Spouse: Claudie B
3
Name: William TNomas Marshall
Born: 17 September 1.861
in: Devon, England possibly Ireland at sea on way to Canada?
M
Died: 25 July 1913
in: Sydney Cape Breton, Nova Scotia, Canada
Burial: 29 July 1913
in: Fenihill Cemetary, Saint John, NB Lot #3568 Heliotropbe Path
Married: 14 September 1885
in: Portland, Saint John, NB Vol J. Page 220 F16248
Spouse: Mary Emma Clair Segee
4
Name: James Henry Marshall
Born. 23 August 1863
in: Devon, England
M
Died: 12 October 1944
in: Big Muddy, SK
Burial:
Married: I March 1893
in: Saint John, NB
Spouse: Mary Rebecca Williams
5
Name: Mary Marshall
Bonn: 20 December 1864
in: Saint John, New Brunswick
Died: 30 April 1943
in: Big Muddy, SK
Burial:
Married:
in: n6 chlidoo
Spouse: Daniel Ross
6
Name: Sarah Ann Marshall
Born. 21 March 1866
in:
F
Died:
in:
Burial-, jj 1) 1
Married: 8 April 1891
in, St John NB
Spouse: William Harold Wilson
7
Name: Thomas Marshall
Born: 27 April 1869
in: Saint John, New Brunswick
Died- 18 March 1922
in. Big Muddy, SK
M
Burial: 1922
in: Marshall Cernetary, Big Muddy, SK, Canada
Married:
in:
Spouse. Isabella May Johnston
Married: 7 January 1895
in: Saint John, NB dled{
/3), St)ouse: Jane Baird Dobbin
65
All jul�
October 23, 2017
Mayor Don: Darling, Deputy Mayor Shirley McAlary
And Councillors,
Re; Our West Saint John Well Water
30 Colpitts Ave., Saint John NB
2 0,17
kliaopy to have heard everyone on the west side of Saint John City will have access to water that
was portrayed as acceptable and affordable.
We all began to question why we cannot get our vehicles and windows clean over the last
month or more. Normally by pressure washing our vehicles at a west side car wash, we would
not have white mineral spots all over our vehicles; now we do. I thought by waxing my vehicle
it would help but when I washed my vehicle at home; it was left with the white mineral
deposits all over the vehicie again,
The Spruce Lake water did not leave these mineral deposits. After speaking with my
neighbours, they also have the same issues. Our hair and skin is dry and itchy. I have to
condition my hair before I shampoo and after and also apply moisturizing lotion a few times a
oay'
Hard water is more than a nuisance. Calcium, magnesium, iron and other minerals build up,
1 he hard water effects the life of your plumbing, fixtures and water heaters. I am sure Saint
John Energy will notice too. The hard water should be treated to clescale the minerals. It
improves the feeling. taste and smell of the hard water. The hard water should be treated
before it comes to our house.
We were speaking to a Manager of the Town of Grand Fails, NB and they treat their water and
they have a water softener that treats it before the water flows into the pipes of the customers.
Saint John should treat our water and pay for the softening of this water before it flows into our
homes. Yes it costs money but it will save from eroding all the pipes and fixtures and water
heaters and anything that water runs through. We know as tax payers we pay but this should
be looked after at the source. Please take into consideration that this will be more costly later,
Sincerely,
?,atricial Dashwood
150-101MIRIMP
COUNCIL REPORT
M&C No.
2017-276
Report Date
October 23, 2017
Meeting Date
October 30, 2017
Service Area
Finance and
Administrative
Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: Grant of Right -of -Way in Favour of Civic #440 Douglas Avenue
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author/ Dept. Head
Deputy Commissioner /
Commissioner
City Manager
Curtis Langille
Ian Fagan /Kevin Fudge
Jeff Trail
RECOMMENDATION
That Common Council adopt the following resolution:
1. That the City grant a right-of-way over its property, identified as being PID
No. 55198188, for $500.00 in favour of the owner(s) of PID No. 368274, also
known as civic #440 Douglas Avenue, upon the terms and conditions as
substantially contained in the agreement attached to M & C #2017-276; and
2. That the Mayor and Common Clerk be authorized to execute any
document(s) necessary to finalize this transaction.
EXECUTIVE SUMMARY
The dwelling on the property, known as civic #440 Douglas Avenue is recently sold.
The purchaser of the property is requesting the City convey a right-of-way over its
land, identified as being PID No. 55198188 (highlighted on an attached map) to
ensure continued access to an existing basement level garage at civic #440. The
attached agreement will ensure the City's rights are protected.
PREVIOUS RESOLUTION
N/A
STRATEGIC ALIGNMENT
This report aligns with Council's Priority for Valued Service Delivery, specifically as it
relates to meeting the needs of its citizens.
67
-2 -
REPORT
The purchasers of the property at civic #440 Douglas Avenue have been advised by
their lawyer that there is no formal right-of-way from Douglas Avenue to access the
garage in the basement of the dwelling. The purpose of this report is to request that
the City grant a right-of-way over its property identified as PID No. 55198188 to the
benefit of the property at civic #440 Douglas Avenue. City staff has been advised
that the dwelling was constructed in 1945 and that the two -vehicle attached garage
contained in the basement formed part of the building at that time.
In 1915, the City acquired a 15 -foot wide property from The Diocesan Synod of
Fredericton, shown on the attached map as PID No. 55198188 for the purpose of
maintaining a municipal sewer line. A graveled driveway exists over the 15 -foot
wide City owned property that currently provides access to the buildings at both
civic #440 as well as to the adjacent property to the north. No formal right-of-way
has been granted to either property but an established access has existed for many
years. As noted above, the purchasers of civic #440 wish to formalize their access to
the property and to the garage.
Saint John Water has indicated they have no objection to the request for a right-of-
way over the City's property, provided continued access to the City's infrastructure
remains unencumbered as well as there being no obligation by the City to reinstate
the property should maintenance work occur on the City's land. The attached
agreement would ensure these conditions are included in a grant of right-of-way.
SERVICE AND FINANCIAL OUTCOMES
The City will receive $500.00 for the grant of right-of-way.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
Saint John Water are in agreement with the grant of right-of-way, provided the City
continues to have unencumbered access to its municipal infrastructure contained
within the property with no obligation for the City to reinstate the property should
maintenance work be required.
The City's Solicitor's office is satisfied with the terms and conditions attached to the
agreement which forms part of this report.
ATTACHMENTS
1. Location Map
2. Grant of Right -of -Way Legal Agreement
C:�:3
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COUNCIL REPORT
M&C No.
2017-260
Report Date
October 24, 2017
Meeting Date
October 30, 2017
Service Area
Finance and
Administrative
Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: Sale of Former LPP Mosaic Heights
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner/Dept. Head
City Manager
Brian Irving
I.Fogan/K.Fudge
Jeff Trail
RECOMMENDATION
1. That Common Council accept the concurrence given by the Planning
Advisory Committee at its meeting on September 19, 2017 for the property
specified in (2); and
2. That the 837 square metre +/- parcel of Land being PID #55221337, be sold
to REID Investments Ltd. for $800 plus HST; and further, directs the Mayor
and Common Clerk to execute any document necessary to effect the
transfer.
EXECUTIVE SUMMARY
On October 5t", 2017, the City's Senior Planner granted Approval of a Tentative Plan
of Subdivision for 1515 Loch Lomond Road (Unit 2 Amending Subdivision Plan
Mosaic Heights Subdivision). As part of the approval, an 837 square metre portion of
Land for Public Purposes (LPP) as shown on the attached plan is intended to be
divested for the purpose of being sold to the developer REID Investments Ltd. at fair
market value which has been determined to be $800.00 plus HST. The purpose of
this report is to facilitate the divesting of the LPP and to sell the property as noted.
PREVIOUS RESOLUTION
Common Council at its October 2, 2017 meeting adopted a resolution to assent to
an Amending Subdivision plan at civic #1515 Loch Lomond Road.
rKj
-2 -
STRATEGIC ALIGNMENT
This report aligns with the following Council Priorities:
1) Citizen focused service delivery;
2) Economic development.
REPORT
On October 5t", 2017, the City's Senior Planner granted Approval of a Tentative Plan
of Subdivision for 1515 Loch Lomond Road (Unit 2 Amending Subdivision Plan
Mosaic Heights Subdivision). The parcel is to be sold to the developer REID
Investments Ltd. at fair market value which has been determined to be $800.00 plus
HST.
The second phase of this development represents 79 new lots of which 50 are to be
built of which 30 are already committed to, according to the developer. This
development represents additional investment, residential update and tax base
growth. Staff notes that as a condition of approval, Lands for Public Purposes will be
acquired in a future phase of development to provide Public access to the lake.
Section 43(1) of the Community Planning Act requires Common Council to seek the
concurrence of the Planning Advisory Committee before selling Land for Public
Purposes (LPP). That being the case, Common Council may accept the concurrence
and sell the LPP.
SERVICE AND FINANCIAL OUTCOMES
Standard municipal servicing is required in this subdivision which is offset by the
associated tax lift.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
The following departments have provided input to this report:
Growth and Development Services;
City Solicitor's Office.
ATTACHMENTS
1. LPP Map;
2. Plan of Survey.
W11
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I
Map 4B, - Existing LPP Parcels Detailed Vie Date: Septernber-15-17
Don -More Surveys & Engineering, Ltd. - 1515 Loch Lomond Road 0, 25 m
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01.1
COUNCIL REPORT
M&C No.
M&C 2017-278
Report Date
October 24, 2017
Meeting Date
October 30, 2017
Service Area
Transportation and
Environment Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: West Side Splash Pad Funding Solution
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 the Mayor and Common Clerk be
authorized to execute financial contribution offers from the Atlantic Canada
Opportunities Agency ("ACOA") and the Regional Development Corporation
("RDC") for construction of a splash pad at the Market Place West recreational
complex under the terms and conditions detailed in this Council Report M&C
2017-278; specifically as follows:
1. Subject to receipt of a written offer from ACOA that incorporates the
main terms and conditions detailed in this report, that the Mayor and
Common Clerk be authorized to execute ACOA's offer in the form
required; and
That the Mayor and Common Clerk be authorized to execute RDC's offer
attached to this report with a cover letter indicating that the offer is
being executed with the understanding that RDC will reimburse 45% of
the eligible costs instead of the 33% indicated in Appendix A of said offer.
EXECUTIVE SUMMARY
Common Council has previously indicated support for the construction of a
splash pad at the Market Place West District recreational complex. The
estimated cost to construct this splash pad is $650,000 after the HST rebate is
considered. Common Council committed $250,000 toward the construction cost
in 2017 within the General Fund Capital Program. The Saint John Port Authority
and DP World have each committed $50,000 with confirmation the funding
would remain available in 2018. The remaining $300,000 is currently planned to
be provided by contributions from the RDC and ACOA.
rrA
-2 -
RDC had previously committed $200,000 toward the project contingent on the
City agreeing to the terms indicated in the attached RDC correspondence.
Among these terms:
• 33% of eligible costs will be reimbursed, providing a contribution up to
$200,000
• Eligible expenses are to be incurred on or after April 1, 2018
ACOA had indicated a $100,000 contribution toward the project may be
available with the following main terms:
• 50% of eligible costs will be reimbursed, providing a contribution up to
$100,000
• Eligible expenses are to be incurred prior to April 1, 2018
City staff updated Common Council at its September 18, 2017 meeting advising
these collective conditions from RDC and ACOA created challenges, specifically
relating to the fact the timelines of the two sources that did not overlap.
Commom Council reiterated its commitment to the project and staff committed
to continue to seek solutions.
City staff has since developed and are recommending a solution after
consultations with the City's landscape architect consultant assisting with the
project design, the City's Finance Department, the City's Materials Management
Division, the City's Legal Department and both RDC and ACOA staff.
The proposed solution involves stipulating in the construction tender documents
that the successful contractor deliver $200,000 worth of the splash pad
equipment required for the project to the City by March 31, 2018. This would
allow ACOA's $100,000 investment comprising 50% of eligible costs to be used
by their March 31, 2018 deadline.
Through communications with City staff, ACOA has clarified their requirements
to accommodate this plan. ACOA will not be requiring the entire project be
completed by April 1, 2018, only applicable goods and/or services toward the
project delivered/completed by this date (i.e. $200,000 worth of splash pad
equipment). ACOA staff have also indicated verbally on October 20 that a
written offer to the City is forthcoming confirming these details and a
requirement that they will hold back 10% of their contribution until completion
of the project.
RDC is also prepared to consider changing their requirements to support
completing this project. Of the $350,000 committed funding not related to RDC
or ACOA funding (i.e. the City's $250,000 and the Port/DP World's $100,000),
$100,000 will need to be spent prior to March 31, 2018 to match the ACOA
funding at their 50% contribution level (i.e. purchase of the splash pad
equipment). The remaining $250,000 is not enough to offset RDC's $200,000
contribution at their 33% contribution level. RDC has agreed to change their
rE:3
-3 -
funding level to 45% to fully acquire their $200,000 contribution with the
remaining $250,000 of other committed funding. RDC is requiring the City to
sign and return the original offer (attached) with a cover letter that requests the
change in contribution level from 33% to 45%.
There are risks to this approach that staff would like Council to consider with the
recommendations of this report. Staff is confident these risks can be reasonably
managed including through working with a landscape architect who has worked
with other clients in similar circumstances but the risks remain real:
• The City will be in possession of the splash pad equipment for several
months until it is needed for installation at the site. There is a risk of
damage and loss of control over the equipment by the project's
contractor for this interim period. The intention is to mitigate this risk by
requiring the contractor remain responsible for the equipment during
this interim storage period and extend the equipment's warranty period
to account for the storage time.
• There is risk the equipment won't be delivered by March 31, 2018 that
would prevent the City from claiming ACOA's $100,000 contribution.
Confimation of the RDC and ACOA funding is required, then procurement
of the tender and construction management services, then procurement
processes ahead of an agreement with a construction contractor is
needed before the successful contractor can place orders for the
equipment.
• There is a risk of higher tender prices given the added requirements
placed on the bidding contractors. A tender period starting in 2017
should mitigate this risk but a project cost beyond the $650,000 estimate
remains a possibility. The City would also have an opportunity to cancel
award of the tender should the lowest acceptable tender price is beyond
the project.
• Neither RDC nor ACOA funding is confirmed yet. The City's commitments
to both agencies relies on funding confirmation from the other agency.
STRATEGIC ALIGNMENT
Construction of the Market Place West Splash Pad supports investment in
recreation experiences that create a sense of community pride and aligns with
PlaySJ.
SERVICE AND FINANCIAL OUTCOMES
The City has already committed its $250,000 General Fund Capital Program
investment in 2017.
Wel
-4 -
The total average annual cost for this splash pad including, financing, operating/
maintenance and depreciation would be approximately $65,000 per year over
the 15 year debt payback period, which would be new funding commitments.
This amount is split approximately equally between the financing, operating/
maintenance and depreciation costs.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
Consultations with the City's landscape architect assisting with the project
design, the City's Finance Department, the City's Materials Management
Division, the City's Legal Department and both RDC and ACOA staff have been
undertaken in developing this report.
ATTACHMENTS
July 9, 2017 offer letter from RDC
Draft cover letter responding to RDC offer
E:ii]
October 31, 2017
Regional Development Corporation
PO Box 6000
Fredericton NB E3B 1G1
Attention: Lisa Hay-Busson, Project Development Officer
Dear Ms. Hay-Busson,
RE: RDC Funding for West Side Splash Pad
Please find attached the executed financial contribution offer for the above -noted project with the
understanding that the Regional Development Corporation ("RDC") is prepared to reimburse 45% of the
eligible costs instead of the 33% indicated in Appendix A of the said offer. As you have discussed with
our staff, we requested the change to 45% to allow the full $200,000 offered by RDC to be used against
the City's $250,000 in matching contribution to meet the overall project budget. The remaining
$100,000 of City/community project contributions is being used to match ACOA's intended $100,000
contribution at a 50% contribution level for an overall project construction cost of $650,000. The City
agrees to all remaining terms and conditions of the offer and thanks RDC for its financial contribution to
this important community project.
Please provide the City with written confirmation that RDC agrees to the above mentioned change.
Sincerely,
Don Darling,
Mayor, The City of Saint John
E:1iI
July 19, 2017
His Worship Don Darling
Mayor of Saint John
P.O. Box 1971
15 Market Square
Saint John, New Brunswick
BiNew'b;
Un�Nouveau
C A N A D A
E2 L 41_1
SUBJECT: Project No.: 9699 (2018-2019)
Project Name: City of Saint John - Community Development
Mr. Mayor:
We are pleased to inform you that the above -noted project has obtained support from the
Regional Development Corporation (RDC). A financial contribution up to $200,000 for the City of
Saint John (the Applicant) has been approved for this project. Eligible costs and funding for this
project are described in Appendix A.
Financing Conditions
The Applicant must provide confirmation to RDC within 60 days of this offer that all other
financing has been obtained prior to release of any funds for the project.
Reimbursement Procedures
Any claim for reimbursement of the contribution must be supported by copies of invoices and
proof of payment of those invoices. Each claim shall be submitted by
March 31, 2019 on forms herein provided. Electronic copies may be obtained at:
www.gnb.ca/rdc. All payments will be done by electronic funds transfer. Please complete the
attached Direct Deposit Service form.
Terms and Conditions
1. No public announcement of funding or milestone events such as official openings and
ribbon -cuttings shall be made by the Applicant without the prior written approval of RDC.
2. The Applicant shall not change the project scope, purpose or eligible costs without prior
written approval of RDC.
3. RDC may refuse further disbursements if there is a materially adverse change in the
financial position of the Applicant or status of the project.
www.gnb.ca
Regional Development Corporation/Societe de developpement regional
P.O. Box/C.P. 6000 Fredericton New Brunswick/Nouveau-Brunswick E3B 5H1 Can
Page 2
4. The Applicant shall not sell or dispose of any assets purchased under this agreement for a
period of 36 months following the completion of this project without prior written approval
from an authorized representative of RDC.
5. The Applicant shall keep, for 36 months following project completion, all accounting books,
records and statements pertaining to project costs and make these available for auditing
and provide any statistical data required by RDC.
6. The Applicant shall allow any authorized representative of RDC reasonable access to the
project site(s) and information.
7. The Applicant shall indemnify and save harmless the provincial government from and
against all claims, demands, losses, damages, costs of any kind based upon any injury to
or death of a person or damage to or loss of property arising from any willful or negligent
act, omission or delay on the part of the applicant or its servants or agents in carrying out
the contract.
S. Any costs incurred prior to April 1, 2018 are not considered eligible expenses under this
offer.
9. The Applicant must adhere to all labour and environmental laws and regulations.
10. No Members of the Legislative Assembly, their staff, or their immediate family members
shall be a party to this project or derive any benefit arising therefrom.
11. Information and documents provided to RDC may be subject to release under Right to
Information and Protection of Privacy Act.
If you are in agreement with the terms and conditions of this offer, please sign and return it and
your Direct Deposit Service form to RDC at rdc-sdr(a)Qnb.ca. Please note that failure to do so
within 45 days renders this offer null and void.
W
Page: 3
All inquiries with respect to the project are to be forwarded to Lisa Hay-Busson at 453-5545 or
lisa. hay-busson@gnb.ca.
We look forward to the successful completion of this project.
Sincerely,
'Juj
ill Levesque
President
Enc.
This offer accepted on behalf of
City of Saint John for
Project: 9699 - Community Development
Mayor:
Clerk:
Date:
Appendix A
Project 9699
City of Saint John - Community Development
Total Approved Contribution
2018-2019 Special Initiatives $200,000
Regional Development Corporation will reimburse 33% of eligible costs up to the total approved contribution.
Eligible Cost(s)
Market Place Splash Pad Project $652,000
The portion of Harmonized Sales Tax (HST) refunded by Canada Revenue Agency is considered ineligible.
W
Regional Development Corporation Claim No:
IVew �IVouveaunSW1CJK P.O. Box 6000, Fredericton, New Brunswick E36 5H1
Final Claim:
List all eligible project costs with invoices and cheque numbers on this form. Include a copy of each invoice and proof of
payment Failure to record and support each cost will cause a delay in processing.
Project Number: 9699
Project Name: City of Saint John-Community Development
% of HST refunded by Canada Revenue Agency
71.43% - municipality ❑ 22.33% _ university 50% - non-profit organization ❑ 100% - other ❑ 0% - none
e undersigned hereby certifies that:
a. the invoices above represent eligible project costs that have been paid in full and the work completed; and
b. no other public financial assistance has been received or is to be received for the part of the project against which this
reimbursement is claimed.
Signature
Title
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KORFANDOGSI.ORG
PO Box 60191, Sunnyvale, CA 94088 USA
August 1, 2017
Mayor Don Darting
Mayor's Officc
1.5 ]Marl et Square
SaHit, John, Brunswick
E -)L 4LA Canada
OCT' 2 5 2017
Re: Change.org Onfine Petition: Mayor Dori Darling of Saint John, New Brunswick. Tell
Friendship City, lnghae, South]I area, We're Oppoosed to theTorture and Consurnption of
Dogs and Cats, https,/Aw oq'/p/rna,tci-dor�
1�0�ca (J-11al o pl) olsll(�,,Ilcli"��Ilt,(L),�l-Ilt,�1,111(�,,- to rLu I el �1- coi �-s 11 I III P L i ol� f-('1c)g S
Dear Mavor Dori Darling and Council.Menibers,
C`ft'N ofSaint John has become Friendship City with Donghae, South Korea. This relationship was no
dOUb[ fornied in the spirit of friendship and for voLff mutual bonefit., for business finks and trade etc. And.,
while City of'Sairit.John Nvould have oxlaccted to learn about the diffbrences in caltural practices of [he
Donghae citizens, Nve feel certain that the VOU17CAV Would have hesitaLud to fonii such a Friendship C: t\
relationship had your city, known about the aberrant wi.d cruel practices routinelv can -led out M the dop,
and cat meat trades in Donghac and all over South Korea. Laicrative, but illegal trades which carry on
anchaHengedwith no entlorcenwrit of the laws and no punishrricnt for thosQ, viotating the nn.
South Korea is the horne to global conipanicst such as Hyundai., Kia, Samsung, LG, Daewoo, SK and
POSC"O., which is why fl. is so shocking that an estimated 2.5 million dogs are torturccl and slaughtcred
cvcrAyear "'ithin South Korea., because of the grood of dog catois and the dog rricat industr,y, while die
J
ma oritv of those Koreans, who don't actually pafliciipatc in this offerisi"ve trade,,, shown a prol"OlAnd
indiffmvice, b)., doing nothing at all to stop rL.
We knoNv how, loyal and falthfid our (logs across the Nvodd are.- and we all ask a lot, ofthern - thev scn,,e
us in innumcrable ways: farrn work, WEIF work,
police and guar -d dLilr]CS, search and rescue, help f'or (he
disabled., guiding and guardianship, and., of course, as our loving and [rruSfixig counfianions,
Dog,s,wNere first domesficated rrizoiN, thmsands of years aggo, an(d so much do fty NNaIlL to be part of over
'hurnan' famflv that they have learned to understand out geswres arnd our lariguage - the language of
anothor species, which shows remarkable willingness and intelligence.
Koreandogs,org - PO Box 60191, Sunnyvale, CA 914088 USA - info@,korearidogs.org
--rhe greaitness of a nation and its moral progress can be judged by the way its, animals are treated,"
-M'ahatrnia Gandhi
In. Donghac th.erc are countless dog farms, slaughterhouses, markets and restaurants where the dogs. who
are toaured their entire lives-, end up being slaughtered in the most irdiumane ways, saachas by
clec,trocutlon, h.anging or beating, and then thrown into boiling water — sorne[joics while then are still
alive, In many places,, dogs are being killed in full: vie'vv of other terrified, caged dogs; and this takes place
in broad daYfight. In addition, many abandoned arid stolen fort-ner pets end Lip ID this industry . and are
subjected to the same cruclty.
Please watch this undercover video by anirrial rights activists in South
Korea: OWHJ7,1(/3td C70"""'v
There are laws in South Korea against selling dogs and cats for human consumpnori.ya these laws are
TouLlnel-v and blatanth, ignored.
We believe that. there must surely be some social responsibility for the representatives of one cite to take a
stand against any NNronggdoing being sanctioned or ignored by thoir Friendship City. As such, tte ask vou
to, please urge Dong
hac MaN or Gyu-Un Shim to take action, an.d to state that Saint John arid its Citizens
demand that Donghae issue an official doCLIMent mandating that the following existing Korean laws be
unforced bY its government officials, police and Judges:
Unauthorized processing of food "a.ste Fed to dogs in the rricat trade is a violation of Wastes Control .pct_
Article15-2, Arl,icle 25, Section 3. Suppliers of food Nfastc and transporters of food kNvaste to dog arcat
farrns are violating i
I th s regulation.
Food ),kastc fed to dogs in the dog meat trade is a violation ofControl of Livcstocj, and Fish Feed Act,
Article 14- Section I & 2. Unauthorized col ection of food wasu,, and the act of foeding it to dogs in the
incat trade is in violation of this regulation.
Excrement and resulting environmental darnige produced as a by --product of the dlegat doo meat farril is a
violation ofAct on the Mari.agcmem and LJse of 1,1vestock Excreta Article I L 1 -he cxcrcrnont produced at
dog nicat farms Causes environmental darnage to the Irnmedlate and surrounding area.
Tfic act of slaughtering of dogs for human consumption, Is a violation ol'Animal Protection Act Article 8,
Section 1, Clause 4. The act of'slaUghtcring of'a dog, Nvithout, ajustifiable ror-aid -- sucl-i as out of
necessity for veterinar-N, treatment. or in ci rcum slai ices of linryiediate threat, barn or damage to human life
or properly, is a, violation,
The slaughter of doges by eJCCIYOCUUOII is a violation ol'Amirrial Prolectiori Act, Article 91, Section: L.,
Clause 1. InIli"cling fla"jury or death to anv animal by the ('011owing means: battery by Lools, exposure to
drugs, exposuro, to extrerne heat or fire, electrocution and drowning is subjcct to legal punishment.
Therefore, the routine slau9 1 -iter ofdogs by butchcrs and fariviers by flLese nactliods is, in violation of the
Act Further, electrocution as a rnahod. of staughter is iriternationally recognized as an inhororitly cruel
modrod of slaughter and banned globafl),.
Slaughter of dogs frorn unauthorized sl aughtcrho use is a violation ol" Livestock Pro(luas sanhary Control
Act., Article 7 Section 1, ]'lie Livestock Products Sanitarg, Control Act, states that dogs are officially
rocognized and classified as "aninials" that are "prohibited from being slaughtered anal distributed as food
Koreandogs.org - PO Box 60191, Sunnyvale, CA 94088 USA - info@)koreandogs,org
2 „Tate greatness of a nation and its morail progress can be jluidged by the way its animals are treated,"
-Mahatma Gandhi
for human consurription". 1"herefore., those vendors op orating dog slaughterhouses are operating outside
of the parameters of the lank and in violation of the Jaw
Sliughtcyr of dogs, for his/her own consumption is a violation of Ariirria� Protection Act.. Article 10. 'rile
intent of the Act is to ensure that no animal is s9aughtcred in a cruel or revolting manner, and shall be free
frorn unnecessary pain, fear, or stress during die process of slaugliter. Therefore, on1v hunranc Nva y of
slaughtering dogs Nryould be by euthanasia (lethal Injection). All currently pra-cticed rnethods of slaughter
by butchors, fannors and traders uxcludes euthanasia as a method ofslaughter, therefore they are all in
breach of this Act. This Is also a violation of"Liveslock Products Sanitan, Cornrol Act Articie 7 Section I
Clause 2. According to 1,tic Livestock Products Sanit,ary Control Act,, slaughter of animals for his/her o'wrl
consumption is allowed only for the livestock animals that are publically announced as classification of'
livestock in the Livestock Products Sanitary Control Act and dogs are not. classified here.
Display and sale of dog carcass iii traditional outdoor rriarkets is a violation of Food Sanitation Act,
Article 4, 5. Violation of laws banning safe ofharrrifial food due to the contamination from unsanitan,,
and Illegal slaughter of the animal and display of the dog carcass. For example;, dog carcass are routinch!
corilarninat,"I'd by microorganisms that. cause human diseases and food poisoning which can lead to scrio . Ll S
and life threatening health complications Ther(; are also strict la\vs which ban the sale ofnicat from sic],
anirrials, duo to the fact that there is no quality control or Formal nionitoring of slaughter practicus in the
dog meat trade it is very fiLkel,v that viotation ofthcse laws is happening routinely,
Dog meat. restaurants' sale ofdog rrical soup made ,�N;idi dog carcass frorn zin unknown source is a
violation offood Sanitation Act Article 44 Section 1. Clause 1, Un41.spected lia c-itoc.k products must; not.
be transported, stored, displaved, sold or used f6r rrianufacturing or processing of food for 1-ui7lan
consurriptIoll.
P[CaSC NfCT to 111C legal information regarding the dog incat consurription in South Korea published bv
KARA (Korca Auirn,af Rights Advocates)
We belicvc these demands are in fine AvJtli. the spirit and goals of Friendship cities to establish friend15.
communications In the areas oftourism, comiricr,ce, cultural e\ohange and public health
International coverage of the brutal dog and cat meat trade In South Korea has stained Dorighae, South
Korea's irnage. Dori'l let It also tarnish your CA,,"s Friendship city relationship. Ttw tirfle to end this
tragedy Is now° The favor cal" Your reply is requested,
I tzaka
Tina Overgaard
KorcanDogs.org
CC: Nlayw Clyu.-U,11 shiln
Dorq;hac, CILy Hall
Koreanclogs.org - PO Box 60191, Sunnyvale, CA 94088 USA - info@koreanclogs.org
3 k �1�
�f" The greatness o�f a natson and its moral progress can be judged by the way its animals are treated."
Pf"
f, .-Mahatma Gandhi
0191
From: Trudi Buote [mailtoftrudibootie ail®co
Sent: October -15-17 4:46 PM
To: External - CommonClerk
Subject: Sponsorship of Saint John Amateur Speed Skating Club
Good day,
Thank you for forwarding this request, on behalf of the Saint John Amateur Speed Skating Club,
to the Mayor and Saint John Common Council for urgent consideration at their next meeting.
The speed skating season has officially begun in Saint John with all of our club skaters getting
back on the ice in October. Our first big event is the upcoming Charles Gorman Memorial Speed
Skating Competition at Harbour Station will be earlier than ever on December 2nd and 3rd.
Can we count on your continued support, as in previous years, of $250 toward an ad in our
program for the Charles Gorman meet as well as the Mayor's welcome letter to the athletes (1
have forwarded a separate request to Broc Belding for this)? The sponsorship information is
attached, and the previous ad can be updated and used again in this years program. Bronze or
higher will put your logo on our website which is used by club members throughout the
year. Silver will put the City logo on a board pad that will remain in place at the Charles
Gorman arena and be displayed at Harbour Station for our Meet there each year. We require to
finalize ads prior to November 25th.
Thank you for supporting speed skating in the Saint John area!
Sincerely,
Trudi Buote
Director of Fundraising
SJASSC
849-4880
647-1769
021
Saint John Amateur Speed Skating Club - SJASSC
SJASSC has been teaching skating and speed skating to youth in the greater Saint John area for over 40 years. We are
based in the Charles Gorman Arena, named for the Saint John born, world-renowned speed skater.
Skaters
-SJASSC speed skaters represent Saint John in Competitions around the Maritimes.
-SJASSC skaters have enjoyed success on the National Stage in Short Track and Long Track events including Canada
Winter Games, Long Track Canada Cups, Canada East Championships, Junior and Senior National Championships.
-Skaters participate in Fundraising to help keep registration fees reasonable
Events
-The Charles Gorman Memorial Speed Skating Championship draws 180 skaters from around the Maritimes to Harbour
Station every December
-The FUNdamentals Meet in October is a fun opportunity for skaters to exhibit their skating skills
-In July we partner with Speed Skate New Brunswick to host the popular "Skate Into Summer" Camp at the Q-plex
Safety and Equipment
-SJASSC provides top quality rental speed skates and cut resistant undersuits to members
-Board Pads are used to help cushion against injury. These are used for all practices and competitions, making them an
effective place for sponsor ads.
Sponsorship
Sponsor support is necessary to uphold the high quality of programs and reasonable fees. Contact Director of Fundraising
Trudi Buote at trudibootie@gmail.com, 849-4880.
WWW.SJSPEEDS KATE RS.CA
• $50
• 1/4 page Ad: Gorman Meet Program
•$100
• 1/2 page Ad: Gorman Meet Program
•$200
• Full Page Ad: Gorman Meet Program
•$250
• Full Page Ad and Website Recognition
•$500
• Bronze plus Board Pad with Logo
• $1000
• Bronze plus 2 Board Pads with Logo
• >$2000
• Event, Equipment or Season Sponsor
ON
Em
a
Atlantic Atlantique
October 17, 2017
Mayor Darling and Members of Saint John Common Council
Dear Mayor of Saint John and Councillors;
We are writing to you representing over 2,000 airport workers and over 170,000 federal
public service across Canada. We write to you with grave concern that troubling changes could
be on the horizon for the ownership and management of non-profit airport authorities across
Canada, including Saint John Airport.
Reports indicate that the privatization of non-profit authorities is in active consideration by
the Federal Ministers of Transports and Finance. The Federal Government, through a Crown
agency responsible for selling off federal assets, has hired Credit Suisse AG to analyze several
privatization options. The recent creation of the Infrastructure Bank of Canada and its focus on
leveraging private investment has fueled rumours that airport privatization could be an
upcoming priority for the new Bank.
Given the vital role that airport authorities play in local economic development, this issue is
of utmost importance to municipalities across Canada. As you know, municipalities play an
important role in the public governance of airport authorities. The leadership of the Saint John
Airport includes representatives from municipal and other levels of government, who ensure
local concerns are represented.
As a non-profit private airport authority, the Saint John Airport has a mandate to respond to
the needs of the surrounding community and major stakeholders. With changes from a non-
profit to a for-profit structure, we are concerned with the impact that airport'profitization'
could have on communities that rely on airport authorities as well as their employees and the
travelling public. When Australia privatized its airports, passenger fees doubled. Not only could
it increase costs, it could mean a change in the governance structure of airport authorities and
less transparency, accountability to and engagement with the surrounding community.
It is of utmost importance that we ensure our valuable and well-run airports are kept in
public hands and work for the benefit of all residents. A chorus of opposition is forming across
the public and private sector, including municipal voices from around the country. Several of
Canada's airport authorities have expressed opposition to airport asset sales, and Canada's
airlines have also indicated their opposition.
Regional, om) Lacew od Dr.,eSuiteli/p ec a 301ff111�c Halifax,rNSu 63M 3Y7 w� 1J'1r.88" 808.5544 /9 executive 45.0:�raalll�µ
de �la w
02.445.0925 II f 902.443.8291 � www.psacatlantic.com •� A
/ , 5 M "'I
I ') Mal
Atlaiintic Atlantique
We are inviting you to publicly express concerns with the potential 'profitization' of
Canada's airports, and the worrisome possibility that non-profit airport authorities will be
transitioned to a for-profit model. For an example of municipal action on this issue, the
Vancouver City Council voted to write a letter to the Honourable Marc Garneau, Minister of
Transportation, indicating opposition to move towards a private share structure. Other mayors
have spoken publicly to the media, such as Calgary Mayor Naheed Nenshi.
We hope that you will protect the interests of residents and businesses in the greater Saint
John area by committing to defend the non-profit structure of the Saint John Airport.
Sincerely,
CpADaNrAtur
Colleen Coffey
Regional Executive Vice=President, Atlantic Region
Public Service Alliance of Canada
nth
Dave Clark
President
Union of Canadian Transportation Employees
xecuflve
eints
Regiona�
ewood DI r., Suite/diece3 1ffi�c Halifax, NS B3M 3Y7��11 rx1.a8 8.808.5544 / 902.445 nte executive uoo��a:�lle
p p� .0925 U f 902.443.8291 � www.psacatlantic.com R 0
SUBMISSION TO COUNCIL FORM
the City of Saint gahn
ABOUT PERSON/GROUP PRESENTING
First Name: Keith Last Name: Melvin
Name of Organization/Group (where applicable): Seaside Park Elementary School
Mailing Address: 627 Havelock St
City or Town: Saint John Province: NB Postal Code: E2M 2V4
Day Time Phone Number: 506 636-4419 Email: skmelvin@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: Playground Development
Purpose for Submission (what is the ask of Council): Requesting funding through LPP or
other support mechanism available through the City of Saint John.
Executive Summary: A Committee has been struck to raise funds for a new playground on
the site of the newly constructed Seaside Park Elementary School. We are fomally requesting
that the City of Saint John support this project with a capital contribution of $15,000.
YOUR SIGNATURE
Signature: Keith Melvin Date: 2017-10-25
October 25, 2017
City of Saint John
15 Market Square, PO Box 1971
Saint John NB, E21 -4V1
Attention: Mr. Tim O'Reilly
Re: Funding Request_Seaside School Community Playground Project
Dear Mr. O'Reilly:
Please accept this letter as a formal request for funding from the City of Saint John (City) to support the
development of a community playground located on the site of the newly constructed Seaside Park
Elementary School (627 Havelock Street.) Our request is for $15,000, or 10% of phase one project costs
of $150,000.
We feel this project fits nicely within many of the guidelines and mandates that have been established
by the City for consideration of public funding support. These include:
• It meets the criteria of "land for public purposes" as defined in the Community Planning Act, per
section (j) a public park, playground or other recreational use,
• It will be developed at a public school,
• Barrier free access will be provided to the public (formal letter has been provided by the District
indicating such,)
• It will be a completely new development situated in an area where there is a lack of recreational
facilities. In this area, both the City and Province have decommissioned, or are in the process of
decommissioning, many of the playgrounds. This includes sites at Carleton Kirk, St. Pat's,
Beaconsfield, Havelock, Seaside and Seawood.
• With a total budget (Phase 1 & 2) of $250,000, we feel this will be an attraction for much of the
city and this a Community Playground,
• The Anglophone South School District has agreed to maintain the playground for the life of the
asset. This will alleviate considerable long term financial burden on the City at sites such as
Seaside Park where they will able to fully decommission that playground with no requirement
for a new playground or maintenance.
• It fits nicely within the City's "Parks and Recreation Strategic Plan" released on December 3,
2012, specifically chapter 3, The Strategy for Playground Services.
For all of the reasons listed above, we hope that you will consider funding for this very strategic
community asset through programs such as Lands for Public Purposes, or other pools of funds
designated for such projects. For your reference, I have attached an overview of the initiative which
details many of the aspects of the project.
Should you have any questions you can contact Keith Melvin at skmelvi.nrggj!eLs j�2.m or
506 636-4419.
Kind Regards,
�Zc;Wcez,
Keith Melvin
Otl
WEST SIDE COMMUNITY
PLAYGROUND
"Everyone will use it every day!"
Prepared: Oct 2017
Presented By: WEST SIDE COMMUNITY PLAYGROUND (Organizing Committee)
Contact — Keith Melvin
636-4419
skmelvin@rogers.com
Overview
On May 19, 2015, The Department of Education and Early Childhood Development announced
that it will invest about $21.6 million over the next three years to build a new kindergarten to
Grade 5 school in West Saint John.
The new school will replace St. Patrick's, which is currently closed due to structural deficiencies,
and Havelock and Seawood schools. The facility will feature modern amenities and technology
that is not available at the current schools. St. Patrick's was built in 1924, Havelock in 1966 and
Seawood in 1960.
The three-year project includes the design and
construction of a school to accommodate about 470
students from the three schools. Students from St.
Patrick's are currently relocated to Beaconsfield
Middle School and Havelock School as a
temporary measure.
The new school will be built at the corner of
Havelock Street and Fundy Drive. It will be built
on the site of the current ball field next to Havelock
School.
The land for the school was obtained as part of an agreement with the City of Saint John. The
city will receive a parcel of unused land behind Island View School in exchange for the ball field
and will use it to develop a well field for drinking water. Site preparation will begin this fall
with construction starting in the spring.
New School Details
The new school will accommodate up to 470
students and replaces St. Patrick's, Havelock
and Seawood Schools. The new school will be a
three-storey building with a cafeteria, gym,
music room, performing arts room, library and
multipurpose room, as well as 23 classrooms
and other spaces.
The school is expected to open for students in
September 2017.
Playmund Extension
Plans are underway to build a new children's playground on the site on the new Elementary
School on Saint John's west side. A working committee has been created to undertake this
project. It is our hope that an accessible playground can be constructed on the grounds. The
06%]
Committee feels this would benefit the students of the school as well as the children and families
in this community. It has been recognized that this area of the city is long overdue for adequate
recreation facilities to promote healthy and active living.
As mentioned previously this playground will accommodate at least 470 children who will
directly attend the school. It is anticipated that the school will be at capacity when it opens.
Within that area of the community, there are 1,177 children ages 14 years and less. This
playground will be accessible to all of them.
The educational components we are addressing are to create a playground that is accessible for
all children. This would allow all students to participate in outdoor physical education classes,
promoting gross motor development, providing sensory learning in a unique and engaging way
while encouraging age appropriate learning.
The playground would be open to all the public at all times of the day.
Although the final design of the playground has not been established, it is expected that the total
installed cost will be around $250,000. Please see below for a detailed breakdown of expenses
and anticipated funding.
The intent is to raise funds in two rounds. The first round being a total of $150,000. To date, the
District has approved $80,000 for the playground which means $70,000 is left to raise. Round
two will likely be approximately one year after the first phase is complete.
Committee Structure
A small, informal working group has been established with representation from each of the three
schools. The three individuals have been working hard to create a proposal for the playground,
work with the District and apply for support.
In addition, the group has created a formal relationship with the Kiwanis Club of Lancaster,
Saint John. The Kiwanis have agreed to support and manage community fundraising. They
have agreed to undertake fundraisers in the fall of 2017 to contribute towards the playground. A
`[9I97
West Side Playground-
Source & Use of Funds
Total Costs
$
Source of Funds
$
Land Preparation
In -Kind (District)
Dept of Education
— Phase 1
80,000.00
Total Equipment
187,624.00
City of Saint John —
Phase 1
15,000.00
Benches
5,000.00
Corporate/Other —
Phase 1
50,000.00
Installation & Labour
34,320.00
Freight
5,352.00
RDC — Phase 2
$50,000.00
Landscaping
In -Kind (District)
Corporate/Other —
Phase 2
$50,000.00
Signage
2,500.00
Repair Fund
10,204.00
Total Costs
$245,000.00
Total Funds
$245,000.00
Committee Structure
A small, informal working group has been established with representation from each of the three
schools. The three individuals have been working hard to create a proposal for the playground,
work with the District and apply for support.
In addition, the group has created a formal relationship with the Kiwanis Club of Lancaster,
Saint John. The Kiwanis have agreed to support and manage community fundraising. They
have agreed to undertake fundraisers in the fall of 2017 to contribute towards the playground. A
`[9I97
member of the Kiwanis Group also sits on the Committee. The new Home & School Committee,
upon opening of the school, will commence fundraising activities.
Preliminary designs have been drafted to start the discussion process. Although any work
sourced must go through a tendering process, a quote has been received for "working" purposes.
Preliminary designs are as follows:
View 1
View 2
`O
Henderson Recreation E,guipme,nt Limited PROPO LSAL FOPA4
CUStOlTler NOIITle:
Wast Side School
Saint John. NB
Phone Number, 506-658-5300
Contact INairn e:: Jiirn Connors
Project Nanie:
Address,
Nanii&:
Tel lCel
IPax::
Firnaill-
West Side School
Same, as Above
REQUIRIED, INFORMATION
Installation style", Steell St1nge'.,rs I C-',cmcrete
Surfacing Typell)epth:'
LEAD TIME: 4-6 weeks, production
Post Colour,
Red
Accent collour:
Blue
Plastic Colour:
Li rn e
314: Cc4our;
Y11w/Black
Custoon Colours:
1 Spacehall Large
TERMIST
Priciing Vallid for:
Fre,ijg lit c h a Fges, are estim ab
OlUe to the V011atI111116 situations
90
our control
Descriptilmi
Price, E"a",
1f16tall
1 B50'1272RI - AccessibIle Unit Structure c1w IBlllastic slides,
69,227.00
69,227.00
1 SUMIMit i Cliff Edge Rack Climbeirwithi Spider Curet
43,325.00
43,325.00
1 Spacehall Large
24,619.00
24,619.00
11Camel Back Climber
2,995.00
2,995.00
1 Staled Up Spinner
1,181.25
1,181.25
1 Sit Down Spinner
1,153.60
1,153.60
1 Dirblis Climbing Structure
25,024.00
25,024.00
1 1
-
1 300 yqrds of Woodcairpet
20,100.00
20, 100.00
Site Preparation is the responsibillilty Of the customer.
Equipment is shipped unasseirnbled..
Underground locates are the responsibilty of the purchaser.
-
Andrew Crawley
Safe,s or SeruijDL Rap Ext 309, Customer Approrvall
PD. Box 6B Date:
11 GlIbeftszin Dave
Simine, Ontano N91( 4K8 PPeace cdgn and retu,m by fax to ,onffm,i your order
TP11:: 51&42e-9,380 Fax: 51'9 -42t -I 132 Pd.3nU1aCtudng'wArbegAn upon reci-eptofthia
confimik,on.
Totalll EqWp-
Site, Prep,
Suirfaciing'
Ff,ejgjht ,
I i nst a I I lat cot
Taxes
Total 11nvoftdL_
187,624.85
NIA
See al6ove
5, 352.00
34,320.00
34,094.53
261,391.38
i to] La
Playmund Location
The playground is being designed to fit within the footprint of the new school grounds.
Accommodations have been made to split the playfield and place the playground with in that
footprint. The graphic below gives good visual representation of where the playground will be
located.
`DIV
Timeline — Phase 1
2017
Fall — Applications Submitted
October — Demolition of Havelock School
2018
March — RFP Issued
April — Vendor Selected
May — Equipment Ordered and Delivered
June— Construction
Integration with P1anSJ and the Parks & Recreation Strategic Plan
Saint John Common Council approved a new Municipal Plan on January 30, 2012. The new
plan replaced the 1973 Plan as the official Municipal Plan guiding all planning decisions moving
forward. P1anSJ reflects the shared collective vision of Saint John citizens to grow the City
smarter, by reinvesting in the Saint John's urban core neighbourhoods, promoting denser more
complete suburban communities and protecting the traditional rural character and landscape. By
leveraging existing municipal infrastructure the plan supports more efficient and cost effective
development pattern and leverages the City's unique natural and heritage assets to enrich our
quality of life.
The City of Saint John Sports and Recreation Facilities Service strives to provide good quality,
safe playgrounds. However, the cost of maintaining 70 public playgrounds exceeds the City's
fiscal capacity to support proper design, maintenance, repair, improvements and replacement of
playground equipment under its responsibility. Right -sizing the number of public playgrounds in
Saint John means determining the best facilities in which to invest public funds. Conversely the
scale of many small, local neighbourhood playgrounds presents an excellent opportunity for
community groups to take over certain playgrounds, engage citizens and reduce the burden on
the City. Reducing the City's responsibilities will allow for greater re -investment in several
destination playgrounds that better serve residents, and aid in the battle against inactivity and
obesity. These sites will be located within the P1anSJ designated primary development areas, in
order to serve the greatest number of residents. The City of Saint John will also battle obesity in
the school yard with additional agreements and shared management of School District recreation
facilities such as playgrounds.
Currently, the City of Saint John provides capital support and maintenance to 70 playgrounds.
Currently, Saint John has 1 playground for every 1,000 residents. This playground to person ratio
is above the established standard of 1 playground for every 5,000 residents; or 14 playgrounds
for Saint John's current population. New Brunswick has no established guidelines regarding the standardized
provision of recreation facilities, in 2010 the City of Saint John's Infrastructure, Facilities & Programming Inventory Study,
established the Ontario Guidelines for Developing Public Recreation Facility Standards (1998) as the "de facto" recreation facilities
guidelines.) The difference between what is available — 70 playgrounds; and the standard — 14
playgrounds, is immense.
P1aySJ consultations revealed the public is less concerned about the total number of playgrounds
and more interested in the benefits of playgrounds for improving the quality of life for children.
`[9L!
Specifically, residents indicated that the total number of playgrounds is not as important as is the
value of an individual playground to any given community. The City was cautioned by the public
when determining playground value by statistical or demographic analysis, that this
measurement does not reflect or appreciate local issues. Consequently, the approach to right-
sizing the number of playgrounds in Saint John engages the community, allowing residents to
decide the fate of their community playgrounds.
This project fits perfectly within the P1aySJ Master Draft Plan (Chapter 3 — The Strategy for
Playground Services.) See attached to review the full chapter. Within the P1aySJ plan, it calls
for the decommissioning of many playgrounds in placement of major "community" playgrounds
that serve a larger area. Many of the playgrounds in the area that have been decommissioned or
will be decommissioned includes Beaconsfield, St. Pat's, Havelock, Seaside Park, Carleton -Kirk
and Seawood.
This one new playground will, at a minimum, replace all of these playgrounds and support the
City's plan to reinvest in appropriate infrastructure.
Playground Consolidation Map
New Playground Carleton Kirk
arl
Witte
tester rophles
�fpuuuiuuuul Uiiuuuu
e„
r,
Bobby's Hospice
43 A u'" I'll VzitVIRE
Beaconsfield
Havelock
`[GO
ANGLOPHONE SOUTH SCHOOL DISTRICT
OFFICE OF THE SUPERINTENDENT _-_•
490 Woodward Avenue • Saint John, New Brunswick E2K 5N3
Telephone: (506) 658-5300 • Fax: (506) 658-5399 • www.asd-s.nbed.nb.ca
October 4, 2016
To Whom It May Concern:
This letter is to_confirm the support of the Anglophone South School District for the playground
you and your committee are raising funds to construct for the new K-5 school being built in west
Saint John.
Once constructed, the playground, including all land and structures, will be maintained by the
District as resources allow and will be available for use by the community. We understand that
this playground will be accessible.
This project is important not only to the students who will attend the new school, but also to the
community at large and we look forward to its successful completion.
Yours truly,
-f /Ia�-� n%
Zoe Watson
Superintendent
/cmm
Copy: John MacDonald, Director of Finance & Administration
Jim Connors, Facilities Manager
Br ngWi'&
C A N A D A
`191-1
chapter
The Strategy for
Playground Services
26
1.0 nllitrodu tion
laygrounds are spaces designed
for children's active play and
are an important part of healthy
schools and communities. Successful
playgrounds are not sport specific and
are well used by children. In Saint John,
playgrounds are supplied with a variety
of manufactured play equipment and
are usually located on public land. Saint
John has a wide variety of playgrounds
that can be characterized in the
following ways:
• Built and maintained through the
collaborative support of corporate
sponsors or community service
groups, such as the Kiwanis
Playground in Rockwood Park;
• Publically built and maintained, as
found at most public schools and City
parks, and
• Private facilities, both indoor and
outdoor, connected to a business, for
customers only, such as those found
at some restaurants, private child care
centres and private play facilities.
lhtatllioinalllii!An„g the ins, irnll eir amid qualEity
o'fIll.iulaygir'ou,iinds irequired lin Saint
Johin wiilll enhance their alpl eal a,ind
use Iby chillldirairiI and einalble the
'litry'tur.� Ipiirovide,good clutulalilty and
a'fd Ilplllaygrouinds Mthiliin Its fiscal
u;:alpalbtilllllty,
Despite a supply of 70 playgrounds,
Saint John continues to struggle with
obesity levels.
In 2009 Statistics Canada reported a
childhood obesity rate of 24% for New
Brunswick youth aged 12-17. This
includes youth in the Saint John CMA.'
"While in 2010, the obesity rate for those
98 years and over in New Brunswick
Health Region 2 (which includes the
Saint John CMA) was 24.2%, up from
23.7% in 2009 and 22.4% in 2003.
The 2090 figure was lower than the
provincial average (27.5516) and higher
than the national rate (98.1 %)."z
At only 7%, New Brunswick has the
lowest percentage of youth attaining
the recommended daily physical activity
level. nth so many playgrounds
in Saint John how can this level of
inactivity and obesity be possible?
10 Context
The City of Saint John Sports and
Recreation Facilities Service strives to
provide good quality, safe playgrounds.
However, the cost of maintaining 70
public playgrounds exceeds the City's
fiscal capacity to support proper design,
maintenance, repair, improvements and
replacement of playground equipment
under its responsibility.
'Statistics Canada: Canadian Community Health Survey 2009-2010.
2Greater Saint John's VitalSigns 2011, Greater Saint John Community Foundation, Saint John, 2011
` IYA
City of Saint John Parks and Recreation Strategic Plan FRE -00202894 -AO
Right -sizing the number of public playgrounds in Saint
John means determining the best facilities in which to
invest public funds. Conversely the scale of many small,
local neighbourhood playgrounds presents an excellent
opportunity for community groups to take over certain
playgrounds, engage citizens and reduce the burden on
the City. Reducing the City's responsibilities will allow for
greater re -investment in several destination playgrounds
that better serve residents, and aid in the battle against
inactivity and obesity. These sites will be located within
the PlanSJ designated primary development areas, in
order to serve the greatest number of residents. The City
of Saint John will also battle obesity in the school yard
with additional agreements and shared management of
School District recreation facilities such as playgrounds.
4.10 Quantity
Currently, the City of Saint John provides capital support
and maintenance to 70 playgrounds. As shown in
Chart 2 — Playgrounds Required Per Capita; with a
population of 70,0633 (2011 Census), Saint John has 1
playground for every 1,000 residents. This playground
to person ratio is above the established standard of 1
playground for every 5,000 residents; or 14 playgrounds
for Saint John's current population. The difference
between what is available — 70 playgrounds; and the
standard —14 playgrounds, is immense. Whatis the
right number of playgrounds for Saint John?
PlaySJ consultations revealed the public is less
concerned about the total number of playgrounds and
more interested the benefits of playgrounds for improving
the quality of life for children. Specifically, residents
indicated that the total number of playgrounds is not as
important as is the value of an individual playground to
any given community. The City was cautioned by the
public when determining playground value by statistical
or demographic analysis, that this measurement does
not reflect or appreciate local issues. Consequently, the
approach to right -sizing the number of playgrounds in
Saint John engages the community, allowing residents to
decide the fate of their community playgrounds.
Unfortunately this high level of service (1 playground
for every 1,000 residents) requires levels of funding
for maintenance and capital beyond the City's financial
capacity. Consequently, the inability to properly support
this playground infrastructure has resulted in a largely
obsolete or poorly maintained system of playgrounds.
The majority of the playgrounds in Saint John are old and
outdated. These playgrounds clearly do not engage youth
to be active. However, changing the pattern of inactivity
cannot be remedied by merely selecting new playground
equipment from a catalogue. Rather, playground quality
is found in the variety and diversity of playground design.
Variety and diversity are two essential elements to hold
the interest of the city's youth and entice them into greater
physical activity.
Diversity in playground design creates interest between
various playgrounds and is an important method of
reinforcing communities. Thus playgrounds enhance
communities which strengthen the City's goal of fostering
more complete communities.
'Statistics Canada. 2012. Saint John, New Brunswick (Code 1301006) and Saint John, New Brunswick (Code 1301) (table). Census Profile.
`New Brunswick has no established guidelines regarding the standardized provision of recreation facilities, in 2010 the City of Saint John's
Infrastructure, Facilities & Programming Inventory Study, established the Ontario Guidelines for Developing Public Recreation Facility Standards
(1998) as the "de facto" recreation facilities guidelines.
27
`11111Uj
City of Saint John Parks and Recreation Strategic Plan
Best Practice - Playground Design
The following is adapted from the Elements of Play Model' as
developed by the South Australian Department for Recreation and
Sport in order to illustrate the basic factors required to establish
quality playground experiences. The elements of the Australian
model are very adaptable to the City of Saint John situation.
Natural Design
Natural Playgrounds make use of topography and vaned ground
covers; giant logs: boulders and trees and various forms of
vegetation and include predominantly materials from nature;
Spaces are accessible to all, filled with nature.., interactive musical
and art elements throughout, provide naturally inspired education
opportunities throughout and have creative and unique design
concepts specific to the project
Active Play/ Equipment Based
Play equipment has historically been the dominant factor in
playground provision However, play equipment should complement
the remainder of the play environment rather than be the only play
feature in an area. Provision of predominantly equipment and other
elements that allow for aerobic activity, development of co-ordination
and balance, grosstfine motor skills as well as encouraging social
and sharing opportunities: which may also include informal sport
elements such as goal posts or basketball nets.
Open Space
Open spaces should offer areas for informal ball games and general
running around and should not be confused with formal sport
requirements,; The essence of such a space is to encourage and
allow activities to develop spontaneou.uelly, aurrnairig the chi$di en ppresent
at the time who then implement the parameters by which the play
will be engaged.
Adult Supervision
Adults/ care -givers accompanying children to play areas require
a comfortable area where they can oversee activities should
they choose not to participate. The inclusion of such areas in
playgrounds may result in longer periods of use by families or adult)
care -givers with young children. Safety in the playground can be
influenced by the presence and involvement of carers as it is by the
implementation of thoughtful and exciting design solutions.
Creative/Explorative Spaces
These elements encourage the child to explore, to develop a sense
of wonder, to question, to engage in and interact with their natural
or built environment They also allow the child, on repeat visits, to
reoognise the dynamics and change within that space, The natural
environment lends itself parhaularly well to this latter element of play
provision. This is often the most neglected aspect of play provision
and it requires sensitivity to develop the possibilities for such an
area
FRE -00202814 -AO
A,, Special IICFeatuures Area
Children aurae constantly growing and maturing and accordingly
a::a Ja tWr play preferences. Special features, such as a skate-
board a°airtnllta, water features, and other unique elements encourage
n'wn'xiplb ratiairb and boundary testing which contributes to the overall
Jew'eirollp neirit of the child.
6.0 Resob-lJon
The Strategic Plan for Playground Services provides
guidance to address the specific issue such as playground
oversupply and is based on the three following focus
areas.
1. Hea[thylactive living: a strategy for playground service
that addresses the fitness levels and healthy living needs
of children and youth which may involve:
• Clustering of playgrounds with other infrastructure and
amenities.
• Provision of playground equipment, structures,
amenities and that are appealing and support various
types of physical activities.
• Provision of playground equipment etc that meet
the social needs of the age group for which they are
intended.
2. Right -Sizing: determining the criteria necessary to
recommend a playground hierarchy and proposed number
of playgrounds appropriate for Saint John. The criteria
include:
• Proximity to population to be served
• Proximity to areas of future expansion of the community
• Proximity to existing parks and recreation facilities
• Site topography, natural features and appeal
• Physical site layout
3. Community Development: the approach to right -sizing
the number of playgrounds in Saint John must engage the
community, and allow residents to decide the fate of their
community playgrounds. This may lead to the divestment
of City responsibility for a number of playgrounds and
enable the creation of partnerships with community
groups who will agree to deliver local services that fulfill
the City's objectives, such as:
• Maintenance and repair
• Management and administration
5.1 Playground System
The playground hierarchy forms the basis of the
'layground System — see Table 2 that describes in
'Playground Manual, Office For Recreation and Sport, Government of South Australia, October 2007 (2nd Edition)
28
`[o]
City of Saint John Parks and Recreation Strategic Plan
more detail each playground category, catchment areas,
required service levels and financial ramifications. It
suggests the need for:
1 Regional Playground —fully funded and maintained
by the City
6 District Playgrounds — fully funded and maintained
by the City
20 School Playgrounds — supported by formal Joint
Use Agreements
• 42 Neighbourhood Playgrounds — supported in part
through community grants
The following map illustrates the hierarchy of playgrounds
described in the playgrounds system. Starting with the
regional playground at Rockwood Park, the map lists and
shows the location of district playgrounds, and school
playgrounds. Several schools listed have 2 playgrounds.
The 42 neighbourhood playgrounds are located only,
indicated by the purple symbols.
Regional Playgrounds
Regional Playgrounds are often located in city or regional
parks, are somewhat specialized, and serve residents
within a larger region and often from more than one
municipality. They are typically independent of school
facilities, make provision for large play areas with various
elements and cater to all ages and abilities.
The area required by a regional playground is dependent
on the largest range of playground equipment and
amenities to be provided. Typically, regional playgrounds
require a large site/acreage.
Regional playgrounds are designed to have a theme
or distinct character. They may include adventure
playground elements, skateboarding facilities and
areas for free, unstructured play. Equipment suited to a
particular age group may be grouped and separated from
equipment suited to another age group. The design of
a regional playground should also incorporate the site's
natural features such as topography, vegetation including
trees, understory and varied ground covers; and use
boulders, giant logs and other natural elements to create
interest and promote exploration and imaginative play.
Of all the playground types, regional playgrounds should
provide the greatest range of play opportunities and the
highest element of challenge.
Regional playgrounds should cater to group or family
visits ranging from 2 hours up to a day in duration
and may in fact be considered a tourist attraction
or destination. As such they should be sited within
walking distance of car parking, toilets and picnic areas.
Supporting facilities may include: shade (natural and/or
built), picnic/ BBQ areas and shelters, toilets, drinking
fountains, open fields and green space, natural areas,
trials/pedestrian access and vehicle parking.
FRE -00202814 -AO
The Strategic Plan for Playground Services recommends
one Regional Playground for Saint John to be located
in Rockwood Park due to: its location within the Greater
Saint John area; its current function as the City's main
Regional Park; and its existing playground which lends
itself to redevelopment as a regional playground. The
regional playground should be the first development
priority in terms of redesigning and upgrading the
playground resulting in a high quality, unique and
attractive playground that has the ability to attract families
and users from Saint John and beyond and position itself
as a tourist destination.
The design of this playground should incorporate natural
features of the Park such as topography, vegetation, rock
outcrops and watercourses and provide connections
to Fisher Lakes. A finished design inspired by nature
and specific to Rockwood Park can provide educational
opportunities through interpretation.
The existing Rockwood Park playground represents
approximately 4 acres of land that may be redeveloped as
a specialised playground to offer an experience not found
elsewhere in the Greater Saint John area. While the 0-4
and 5-9 age groups should be provided with equipment
suitable for their physical capabilities, the teenage group
should be given special consideration in the design of this
regional playground because they seek specific qualities
in their play activities which should only be provided at the
regional playground level. Children and teenagers with
physical and/or cognitive disabilities should also be given
consideration in the selection or design of play equipment.
Locating the regional playground in Rockwood Park
is a cost effective measure that takes advantage of
existing support facilities; while enhancing the regional
playground's ability to attract residents and visitors alike.
`sK
29
City of Saint John Parks and Recreation Strategic Plan
FRE -00202814 -AO
Emil
1 Regional Playground 6 District Playgrounds 20 School
42 Neighbourhood
Playgrounds
Playgrounds
Catchment
Servicing the entire City
Catchment area of 2.5
Catchment area of 1.5
Catchment area of
Area
of Saint John and regional
km radius and located
km or as determined
500 metres or as determined
population catchment of
to provide service to a
by school district,
by sponsoring community.
80,000 to 100,000 people.
number of local school
Give consideration to major
areas servicing 15,000 to
pedestrian barriers such as
Regional playgrounds will
20;000 people
highways, major collector
also function as a district
roads, and industrial facilities
playgrounds for the surrounding
5km catchment zone°
Service Level
Developed through a master
Variety of play `
Basic provision
Basic provision of playground
plan process and includes a
equipment and site
of playground
equipment from approved
variety of play equipment,
features suitable for
equipment`from
suppliers.
environments, infrastructure
a number of age and '
approved suppliers.
and technology'(Wi-Fi) for all
ability levels. Where
ages and abilities.
possible located in
close proximity to
Located in or close to large
large open space areas
open space areas or regional
or close to other
parks. Provides the greatest
major recreational
level of play opportunities in
facilities, such as
the City intended for visits
arenas, community
greater than 2 hours. Associated
centres, sports fields,
facilities including toilets,
community gardens.
walking paths and trails, BBQ
pits, ,picnic benches and shelter
structures.
Funding
Total replacement cost of these
Replacement cast is
Funding $10,000 -
Funding support to a
Requirement
playgrounds estimated
estimated at $100,000 -
$40,000
maximum of $5,000 per
+/- $200,000 to $300;000.
$150,000
project,
Notes
Preference for highly creative
District playgrounds
Natural playground '
Sustainability principles
playground environments that
will also function as
design and school
will be considered when
function in multiple ways for
a neighbourhood
ground greening
determining the City's
multiple audiences relating
playground for the,
projects will be the
support of community
well to the natural open space
surrounding 500 metre
priority for program
applications,'
setting of the location,
catchment area'.
support_
Development as a high'
qualitypublic space
and adherence to
CPTED principles will
be considered in the
selection and design of
district playgrounds.
°Where Regional Playgrounds provide service to a prescribed district 5km catchment area the City of Saint John will not provide additional
playground infrastructure or community grant support.
'where District Playgrounds provide service to local neighbourhoods. The City of Saint John will not provide additional playground infrastructure or
community grant support.
30
`M
City of Saint John Parks and Recreation Strategic Plan
District Playgrounds
District Playgrounds are high-quality and distinctive
playgrounds that draw people from across a district, e.g.
catering to the West, Uptown, East and North areas of
the city. District playgrounds in high-profile recreation
parks will be developed and upgraded as the second
development priority within the Playground Service
Plan. These include:
1. Dominion Park
2. Forest Hills School
3. Little River Reservoir
4. Market Place West
5. Rainbow Park
6. Shamrock Park
District playgrounds help to reconnect children to the land
and support their spontaneous and creative play, and
in doing so, enhance children's cognitive and physical
development. Designed without boundaries, district
playgrounds are open to everyone not just the very
young.
School Playgrounds
The Playground Service Plan includes 20 school
playgrounds with three schools having two playgrounds
each. School playgrounds are owned by School Board
Districts 8 and District 1.
The Playground Service Plan promotes the City of Saint
John's interest to continue agreements for joint use of
school playgrounds, as a way to provide services to
children and families in convenient school locations,
improve opportunities for physical activity by increasing
use of existing school play equipment, and to leverage
capital investments. However, engaging in joint use,
particularly intensive sharing of playgrounds by the public,
presents ongoing challenges to school and community
leaders. Co -location and joint use agreements between
the City of Saint John and School Districts provide a
variety of benefits. Not only do they provide an efficient
use of resources by leveraging capital budgets, they
also involve significant potential cost savings for land,
construction, maintenance, and insurance and so on.
The benchmark for good -quality school playgrounds
includes: a number of pieces of play equipment; some
unique features to provide a focus for schools; and
location in conjunction with a school or specific community
amenity. School playgrounds will be developed and
upgraded as the third development priority; and
include:
FRE -00202814 -AO
1. Bayview Elementary School
2. Centennial School
3. Champlain Heights School
4. Glen Falls Elementary School
5. Havelock Elementary School
6. Hazen White/St. Francis School
7. Island View School (2)
8. Lakewood Heights School
9. Loch Lomond School
10. M. Gerald Teed School
11. Millidgeville School (2)
12. Morna Heights School
13. Prince Charles Elementary School
14. Princess Elizabeth School
15. Samuel de Champlain School (2)
16. Seawood School
17. St. John Baptist School/South End CC
The City of Saint John acknowledges the importance of
school locations for the entire community; their ability to
serve as centres of the community; civic landmarks or
heritage sites; anchors for neighborhoods, and community
centres. The location of schools and school playgrounds
in residential neighborhoods has important benefits
for communities; allowing students to use playground
infrastructure for play and physical activity when school
is not in session; enabling students to walk or bicycle
using established and familiar safe routes; and making
it possible for families to be more readily aware their
children's whereabouts.
"Sharing school grounds and facilities with the
surrounding community makes sense as we look
at the future of sustainable cities. It can strengthen
networks (increasing rlesilience through getting to know
your neighbours) and improve urban health (access to
green parks for recreation and improved air quality), "I
This concept of a shared facility is not unique. Many
communities have adopted similar approaches. For
example, the City of Vancouver has a matching fund
program which is used by school based led groups who
are interested in facilitating creative improvements to
public lands. See Best Practices insert.
'Learning to Share: Designing Schoolyards for More Than Just Recess, Peter Hamik, City Parks Blog, Center for City Park Excellence at the Trust for
Public Land and the City Parks Alliance, May 2, 2041
31
113
City of Saint John Parks and Recreation Strategic Plan
Best Practice School Matching Fund Program
School Matching Fund Program
City of Vancouver, British Columbia
The City of Vancouver's School Matching Fund Program will supply
funds up to $10,000 to match the oontnbution the community makes
through other funds raised, donated supplies, or volunteer labour for
projects. Projects must be led by school-based groups who want to
make creative improvements to local public land. The fund supports
projects that actively involve people to develop their community
and build school connections while improving parks or other public
spaces
Community groups must develop a project proposal and budget
and submit an application outlining the matching (volunteer labour,
donated supplied, funds raised) contribution, City staffers then
conduct a technical review of the site and the proposed project If
technically feasible, the proposal is then reviewed by an Advisory
Committee, composed of community members from across the city
The committee then selects the most eligible projects for funding.
According to published communications the City of Vancouver rarely
allocates the maximum level of funding to a project.
Who can apply?
• Any school-based, registered not-for-profit groups, such as
Community Centre Associations or School Associations, are
eligible,
• Informal school-based groups and organizations may apply in
partnership with the sponsorship of a registered not for-profit
organization;
• Registered not-for-profit groups or service dubs which are not
school-based are expected to partner with community groups
• Examples of projects supported by the School Matching Fund
include:
• Garden or greening projects
• Building a community fence
• Working with a local artist to build creative park benches
• Developing natural or historical interpretation
• Building an information kiosk
Neighburhood Playgrounds
Neighbourhood playgrounds do not have specific service
level descriptions primarily because they represent
playgrounds that are financed and managed through
partnerships with citizens groups and not directly through
the City of Saint John. Neighbourhood playgrounds
are primarily about playground assets sponsored and
supported by various community associations and
their relationship with the City of Saint John. These
relationships are described as an Alternative Service
Delivery model (ASD - see Chapter 2) wherein the
process of public sector restructuring improves the
delivery of services to citizens by sharing municipal
functions with community groups.
FRE -00202814 -AO
By using ASD, the municipality concentrates on the
activities that it is best equipped to provide while
allowing residents to carry out those activities that they
do best. The Strategic Plan for Playground Services
identifies those playgrounds currently maintained by the
City of Saint John that present the best opportunity for
community management including maintenance. They
are:
1. Allison Grounds
2. Anglin Drive Playground
3. Beaconsfield Park
4. Belmont Street Park
5. Boyaner Crescent Playground
6. Cabot Court Playground
7. Cedar Point Playground
8. Celebration Street Playground
9. Courtney Avenue Park
10. Dalila Ct. Playground
11. Dresden Avenue
12. Eastmount Playground
13. Ellerdale Street Park
14. Flemming Court Playground
15. Hilton Belyea Arena
16. Honeysuckle Drive Playground
17, Karen Street Playground
18. KBM CC
19. King's Square West
20. Latimore Lake
21. Latimore Lake CC
22. Loch Lomond CC
23. Lorneville CC
24. Lou Murphy Park
25. Martinon CC
26. Midwood Avenue Playground
27. Mispec Park
28. Monte Cristo Playground
29. Montgomery Crescent Playground
30. Moms Street Playground
31. Nason Road Playground
32. Ocean Drive Playground
33. Quinton Heights Park
34. Robertson Square
35. Saint John Boy's and Girl's Club
36. Seaside Park
32
114
City of Saint John Parks and Recreation Strategic Plan
37. Silver Crescent Playground
38. Swanton Street Playground
39. TaylorAvenue Playground
40. Troop Street Park
41. Woodhaven Drive Playground
42. Woodside Park
Through the use of community developerse the City
of Saint John would facilitate through various public
engagement methods, a process of reviewing and
determining the future of the community playgrounds. By
investing in a community development and governance
model for neighbourhood playgrounds the City can
focus resources (funding, staff time, etc.) towards
projects with the greatest demonstrated need and long
term commitment by communities. Accordingly, the
City of Saint John would phase out its maintenance
responsibilities for identified neighbourhood playgrounds
and support community governance of the playgrounds
by:
* Providing resources to assist communities to develop
community and neighbourhood associations,
• Providing experienced community developers to
facilitate community engagement as required;
• Providing access to City resources, communications,
assets and technical support as may be required in
response to supporting neighbourhood playground
plans and goals;
• Funding community based projects, through a
competitive community grants program; and
• Mentoring, assisting or training members of community
organisations to further their mission.
. oilTuur°nriieiw °ri(,il..iiol°is
The focus of the Strategic Plan for Playground Services is
strongly based on an Alternative Service Delivery (ASD)
model1° that advocates the sharing of municipal functions
with community groups (See Chapter 2). By using an
ASD model, the City of Saint John can concentrate on
a smaller number (right- sized) of total playgrounds
while allowing residents to make decisions regarding
the future of playgrounds in their neighbourhood. The
recommended approach is for a phased roll out of the
Alternative Service Delivery (ASD) model that would
slowly reduce Municipal responsibility for identified
playgrounds throughout Saint John by soliciting
community groups and associations to takeover control
and management of individual playgrounds.
Recommendation 1: Right- Size the City's
Playgrounds.
FRE -00202814 -AO
Although the industry standard of 1 playground for every
5000 persons (or the equivalent of 14 playgrounds
given Saint John's current population) under the direct
responsibility of the City of Saint John, it is a benchmark
that requires testing and clarification with the community.
The proposed playground hierarchy ensures the City's
full responsibility for 6 district playgrounds while sharing
the responsibility for 20 school playgrounds through Joint
Use Agreements. The configuration of the remaining 42
neighbourhood playgrounds will be determined through
community consultations, expressed community needs,
and the formation of community groups or associations
willing and able to take responsibility for these
playgrounds with support from the City of Saint John.
To achieve right -sizing with respect to playgrounds, the
City of Saint John should adopt the following playground
hierarchy:
1 Regional Playground within Rockwood Park, re-
designed as the premier flagship playground in the City,
fully funded and maintained by the City of Saint John.
6 District Playgrounds redesigned to higher standards
and fully funded and maintained by the City of Saint John.
20 School Playgrounds located on School Board
Property and supported by formal Joint Use Agreements
with School Districts.
42 Neighbourhood Playgrounds governed by
community associations and supported in part by
community grants from the City of Saint John.
Recommendation 2: Develop a Policy to Divest Public
Land.
The City in conjunction with community partners will
identify playgrounds that residents have determined are
no longer useful or required by the community. These
sites may no longer serve any other public purpose.
Consequently the City of Saint John should develop a
formal policy that ensures the disposal of municipal lands
is transacted in a method based on fair and equitable
procedures and endorsed by Common Council. The
development of such a policy will ensure that the divesting
of public land is clearly in the public's best interests. The
funds made available through divestiture may be set
aside to fund the ASD playgrounds (or other recreation
needs as determined by Common Council).
Recommendation 3: Establish a Joint Use Interagency
Team.
Establish a Joint Use Interagency Team composed of staff
representatives of the School Board District(s) servicing
Saint John and staff from the City of Saint John. The role
of the Joint Use Interagency Team would be to develop
eA City of Saint John, Community Developer, is a proposed staff position who is responsible for supporting the community and voluntary sectors In
Saint John and facilitating and supporting healthy, sustainable and empowered communities equipped and skilled to tackle local concerns.
90A Guide to Service Defivery Review for Municipal Managers — Ontario Ministry of Municipal Affairs and Housing; and the Association of Municipal
Managers, Clerics and Treasurers of Ontario; the Municipal Finance Officers' Association of Ontario; and the Ontario Municipal Administrators' 33
Association, 2004
`R
City of Saint John Parks and Recreation Strategic Plan
FRE -00202814 -AO
agreements for use of shared responsibility and access
to playgrounds, sport fields, gymnasia and other shared
facilities.
Recommendation 4: Develop a Joint Use Playground
Design, Installation and Maintenance Policy.
One of the more important elements of a Joint Use
Agreement is that both the School District and City of
Saint John will adhere to recognized standards and best
practices for the design, installation and maintenance
of both existing and future recreation infrastructure.
Fundamental to this policy is that the needs of the
community should be addressed and accordingly
concepts such as CPTED11 and the best practices for
community design that ensures that equipment will
be located to promote use by the community and that
proposed play equipment will not duplicate existing area
facilities.
8.0 III°nII tei[ rn irr.t,atioil-n
A number of actions will enable the smooth transition
of right -sizing the city's stock of playgrounds and
incorporating the Playground System described earlier.
These actions are described as specific steps below
and their implementation may be only the beginning of a
series of activities that will continue in successive years.
Step 1. Continue Implementation of Existing "Park
Playground' Master Plans.
Two of the 6 identified District Playgrounds; Rainbow
Park and Market Place West, have existing master plans
and are currently in various stages of implementation.
The City of Saint John should continue to implement
these master plans and seek opportunities for additional
corporate and community support to assist in the
development of new master plans for each of the
identified District Playgrounds.
"Crime Prevention through Environmental Design.
Step 2: Negotiate Community Joint Use Agreement(s).
Negotiate Community Joint Use Agreements to secure
the potential shared benefits of joint use and joint
development of school playgrounds, sport fields and
gymnasia - a policy and operational framework is needed.
Recreation infrastructure associated with public school
facilities and school grounds should be governed,
planned, designed, managed, and funded to support their
intensive use by the entire community.
Until these explicit governance systems and support are
in place, school districts will likely remain hesitant partners
in joint use and joint development of playgrounds. The
City and School Board District(s) will need a process by
which to schedule use of properties, develop rules for
implementing the Agreement, address and resolve any
concerns or problems that arise during the Agreement
through dispute resolution mechanisms, and evaluate the
Agreement(s). Accordingly the requirement for a Joint Use
Interagency Team is the first implementation step.
Step 3: Implement an Adapt -a -Playground Program.
The City of Saint John should develop an Adopt -a -
Playground Program that will challenge residents to
evaluate the future of their neighbourhood playground and
determine applicable takeover, control and management
of individual playgrounds. TheAdopt-a-Playground
Program is enabled by the New Brunswick Municipalities
Act 12 which allows the City of Saint John to provide
support to eligible groups registered as local improvement
associations. The program serves two primary functions:
as a community and citizen engagement program; and as
a tool to implement an Alternative Service Delivery (ASD)
model (see Chapter 2) by sharing municipal functions
and responsibility with individuals and neighbourhood
groups for the 42 identified neighbourhood playgrounds
located throughout the city.
72The Municipalities Act allows for the transfer of City owned assets into community hands through Section 149 "Local Improvement Associations"
which allows for the incorporation of a local improvement association. These local improvement associations must be comprised of at least five (5)
persons in a community who, with the approval of the Common Council of the municipality, would become members of a corporate body (under the
Companies Act) for the purpose of:
a) encouraging horticulture,
b) improving and ornamenting streets, parks, commons, cemeteries or other open public places in the municipality; and
c) caring for, restoring, preserving and protecting any public buildings, statues, monuments, or landmarks.
34
City of Saint John Parks and Recreation Strategic Plan
Step 4: Create general discipline Community
Developer 13 staff positions.
These new City staff employees will be responsible for
supporting and facilitating programs such as the Adopt -a -
Playground Program. These new community developers
will be highly skilled in facilitation, relationship building,
and assisting communities to identify and address their
needs and concerns regarding access to neighbourhood
playgrounds and other recreation facilities and services.
Step 5: Implement a Community Grants (Playground)
Program.
Chapter 2 outlines how the City of Saint John can
create a governance model to provide community grants
assistance. A new grants program would be established
by Common Council to replace the various grants
currently administered by the City of Saint John.
One of the important implementation mechanisms
necessary for the Adopt-a-Playgrou nd Program is
access to City funded community grants. The purpose
of the Grants Program is to provide flexible grants
to local improvement associations to allow for the
rehabilitation, expansion or improvement of existing
community playgrounds. Eligible incorporated community
associations may then make application to the City's
Community Grants Program to receive funding and
support from the City to rehabilitate, expand or improve
existing neighbourhood playgrounds, create new parks,
develop natural playground projects, community gardens,
and other community amenities. Award of grants is
intended as a competitive and merit based program that
determines support relative to the sustainability of the
project, amount of community support for the project, and
level of assistance being sought.
FRE -00202814 -AO
Step 6: Create a Master Plan to Redevelop the
Kiwanis Playground in Rockwood Park.
Rockwood Park is Saint John's premier regional park
facility. Accordingly the City should prepare a master
plan and re -investment strategy to create a regionally
significant and premier destination playground in
Rockwood Park. Building upon the success of the
existing Kiwanis Playground (in Rockwood Park) the
City of Saint John should prepare a conceptual master
plan that incorporates opportunities for funding through
corporate partnerships and sponsors to ensure that the
new playground is a best in class regional facility.
Step 7: Develop High -Quality and Distinctive District
Playgrounds.
The City of Saint John should develop an overall
implementation plan and coordinated master plan to
create no fewer than 6 district level playgrounds located
within the primary development areas of the city. The
intent of a coordinated approach to district playgrounds
is that each playground has a distinctive character
while' adhering to uniform quality standards as high-
profile recreation facilities. The 6 recommended District
Playgrounds locations are:
9. Dominion Park
2. Forest Hills School
3. Little River Resevoir
4. Market Place West
5. Rainbow Park
6. Shamrock Park
73Refer to Community Development Chapter for more detailed discussion:
35
`mF:3
WHEREAS: Complex Regional Pain Syndrome (CRPS), also known as
Reflex Sympathetic Dystrophy (RSD) is a nerve disorder
that causes chronic pain; and
WHEREAS: the symptoms of CRPS/RSD are often described as burning
that is out of proportion to the severity of the initial injury
and can include extreme sensitivity to the touch and
swelling; and
WHEREAS: while CRPS/RSD was first identified during the civil war, it
remains a poorly understood condition. There is no, cure;
and
WHEREAS: The National Institute of Neurological Disorders and Stroke
and other institutes of the National Institutes of Health
support research relating to CRPS/RSD; and
WHEREAS: Members of the CRPS/RSD community will be spreading
awareness in November; and
WHEREAS- ON NOV.6, 2017, members of the CRPS/RSD community
will be celebrating the third -annual Color The World
Orange Day to spread awareness of this poorly understood
pain disorder.
NOW THEREFORE: 1, Mayor Don Darling, of Saint
John do hereby proclairn November 6'h, 2017 as Color The World Orange Day 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.
i § Lel
WHEREAS: The Salvation Airny is the largest non-governmental
provider of social services in Canada, providing food,
clothing and shelter iii Saint John; and
WHEREAS: Annually The Salvation Army hosts its Christmas Kettle
Campaign raising awareness about hornelessness, poverty,
and much needed funds to continue the organization's
wonderful work in Saint John; and
WHEREAS! This week, November 13-19 marks The Salvation Arany
Week, when The Salvation Army airns to bring awareness
to homelessness and poverty in our region and seeks to end
the cycle of poverty in Saint John.
NOW THEREFORE: 1, Mayor Don Darling, of Saint
.1ohn do hereby proclaim November 13"' - 19"', 2017 as The Salvation Army
Week throughout Saint John to encourage all citizens to recognize The Salvation
Army for the significant impact they have made and continue to make in
supporting vulnerable individuals in Saint John -
In witness whereof I have set any hand and affixed the official seal of the
Mayor of the City of Saint John.
`we]
October 11,2U17
Mayor and Council,
You may be aware we are looking at different options for a project in east Saint John that would
improve reliability for industrial customers inthat area. Atthis time, the project )sbeing evaluated, but
potentially, itcould include installation of a new transmission line from our Courtenay Bay Terminal to
Canaport LNG parallel to our existing line on new and existing right of ways. A new line, if constructed,
may also share some infrastructure with the existing line along Bayside Drive. if the project moves
forward in this form, it is subject to an EIA process and the project team would like an opportunity to
brief council (either privately, at a regular public meeting, or both) and city staff to ensure relevant
feedback is captured and that you are in a position to respond to questions if they come up from
citizens.
The second option is torefurbish only the existing line only, and not install anew, second line, but we
would discuss both ofthese options with your council.
VVeare tentatively planning anopen house the week ofOctober 3n*and we'd appreciate abriefing
opportunity inadvance nfthat event,
Bob Scott, APR, F[PRS
Director, Government Relations
NB Power
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October 18, 2017
His Worship Mayor Don Darling and
Members of Common Council
Your Worship and Councillors:
SUBJECT: Zoning By -Law Text Amendment
Temporary Car Shelters
On October 2, 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 October 17, 2017 meeting.
The City of Saint ]ohn.
Mr. Anthony Clements Haines, of the City's Growth and Community
Development Service Area, provided an overview of the proposed amendments.
No other persons appeared before the Committee and no letters were received
regarding the application.
After considering the report and the overview provided by Planning Staff, the
Committee adopted the recommendation contained in the Staff Report.
RECOMMENDATION:
1. The Zoning By-law of The City of Saint John enacted on the fifteenth day
of December, A.D. 2014, is hereby amended as follows:
1. Section 2.11 is amended by adding the following: (b)
Notwithstanding paragraph (a), the following developments may
be undertaken without obtaining a development permit:
(xxii) A Temporary Car Shelter
2. Adding to section 3.1 Definitions the following:
Page 1 of 2
132
tl II^
"temporary car shelter" means an easily dismantled building or
structure with a fabric exterior and metal frame used for car
storage or parking.
3. Adding immediately after section 5.7 the following section:
Section 5.8 Temporary Car Shelters
Notwithstanding section 5.1 General Building and Structure
Provisions, a temporary car shelter may be erected within a
Residential zone. Temporary car shelters must meet the following
requirements:
(a) Be erected no earlier than October 15th and removed no later
than April 15tH
(b) Be located on a driveway.
(c) Be limited to one shelter per lot.
(d) Not be constructed over any municipal infrastructure.
(e) Be set back a minimum of 1 metre from any front, side and/or
flankage yard property lines.
Respectfully submitted,
Eric Falkjar
Chair
Attachments
Page 2 of 2
133
The City of Saint. John
Date: October 13, 2017
To: Planning Advisory Committee
From: Growth & Community Planning
Growth & Community Development Services
For: Meeting of Tuesday, October 17, 2017
SUBJECT
Applicant: The City of Saint John
Application Type: Zoning By-law Text Amendment
Jurisdiction: The Community Planning Act authorizes the Planning Advisory
Committee to give its views to Common Council concerning
proposed amendments to the Zoning By-law. Common Council
will consider the Committee recommendation at a public hearing
on Monday, October 30, 2017.
SUMMARY
The purpose of this report is to recommend a Zoning By-law Text Amendment to define and
regulate temporary car shelters in the City. The amendment would introduce regulations with
regards to specifying seasonal time frame for shelters, regulating lot location, limiting the
number of car shelters per lot, and specifying setback requirements.
RECOMMENDATION
The Zoning By-law of The City of Saint John enacted on the fifteenth day of December,
A.D. 2014, is hereby amended as follows:
Page 1 of 5
134
The City of Saint John Zoning By-law Text Amendment October 13, 2017
Section 2.11 is amended by adding the following: (b) Notwithstanding paragraph
(a), the following developments may be undertaken without obtaining a
development permit:
(xxii) A Temporary Car Shelter
2. Adding to section 3.1 Definitions the following:
"temporary car shelter" means an easily dismantled building or structure with a
fabric exterior and metal frame used for car storage or parking.
3. Adding immediately after section 5.7 the following section:
Section 5.8 Temporary Car Shelters
Notwithstanding section 5.1 General Building and Structure Provisions, a
temporary car shelter may be erected within a Residential zone. Temporary car
shelters must meet the following requirements:
(a) Be erected no earlier than October 15th and removed no later than April 15tH
(b) Be located on a driveway.
(c) Be limited to one shelter per lot.
(d) Not be constructed over any municipal infrastructure.
(e) Be set back a minimum 1 metre from any front, side and/or flankage yard
property lines.
DECISION HISTORY
At their meeting of February 6, 2017, Common Council approved a motion directing the
Growth and Community Development Services Department to investigate new
Zoning By-law standards to address the issue of seasonal car shelters. On Monday October
2, 2017 Council approved a motion to set a public hearing concerning amendments to the
Zoning By-law of the City of Saint John for Monday October 30, 2017 at 6:30 p.m. in the
Council Chamber and refer this matter to the Planning Advisory Council for a report and
recommendation.
ANALYSIS
Proposal
Council directed that staff investigate new regulations for temporary car shelters. This report
provides information on how shelters are regulated in other municipalities, proposed
standards for Council's consideration, and implications on resourcing and added
Page 2 of 5
135
The City of Saint John Zoning By-law Text Amendment October 13, 2017
enforcement that will result because of new standards. Staff propose that the amendments
will not come into effect until October, 2018, giving a grace period this winter.
Seasonal Car Shelters
Seasonal car shelters are used in cities across Canada to prevent snow and ice buildup on
residents' vehicles during winter. These types of structures are not currently defined in Saint
John's Zoning By-law, nor are they regulated by the City's Building By-law. In New
Brunswick, there are a number of municipalities (Fredericton, Shediac, Dieppe, Bathurst)
that regulate car shelters through their Zoning By-law by varying degrees, whereas some,
like Moncton, do not. The table provided below summarizes the extent of regulation in
various Canadian municipalities.
Time of Year and Location of Shelters
Time of year and location are key considerations in regulating car shelters. Limiting the time
of year ensures shelters are limited to their intended purpose and not used for long term
storage. Furthermore, specifying the location ensures that car shelters are only constructed
within an appropriate driveway where vehicle storage is intended.
Size and Use
Size of car shelters may vary according to the manufacturer. Ensuring that shelters are
located on driveways will generally limit the size of the confines of the lot's parking area.
Use of temporary car shelters will be prescribed by a new definition, namely, that temporary
shelters be constructed with fabric and a metal frame, which are common elements to
manufactured products. There is not currently a definition for temporary car shelters within
the Zoning By-law.
Page 3 of 5
136
Time of
year
Location
on Lot
Size
Use
Materials / Permit
Appearance
Fredericton
✓
✓
Dieppe
✓
✓
✓
Shediac
✓
✓
✓
✓
✓
Bathurst
✓
✓
✓
✓
✓
Montreal
✓
✓
✓
✓
Ottawa
✓
✓
✓
✓
Chateauguay
✓
✓
✓
✓
✓
Laval
✓
✓
✓
✓
Timmins
✓
✓
✓
✓
✓ ✓
Time of Year and Location of Shelters
Time of year and location are key considerations in regulating car shelters. Limiting the time
of year ensures shelters are limited to their intended purpose and not used for long term
storage. Furthermore, specifying the location ensures that car shelters are only constructed
within an appropriate driveway where vehicle storage is intended.
Size and Use
Size of car shelters may vary according to the manufacturer. Ensuring that shelters are
located on driveways will generally limit the size of the confines of the lot's parking area.
Use of temporary car shelters will be prescribed by a new definition, namely, that temporary
shelters be constructed with fabric and a metal frame, which are common elements to
manufactured products. There is not currently a definition for temporary car shelters within
the Zoning By-law.
Page 3 of 5
136
The City of Saint John Zoning By-law Text Amendment October 13, 2017
Materials and Appearance
The Zoning By-law is concerned with the use of land and its compatibility. While car shelters
are generally defined as having a fabric exterior and frame, further regulations set on the
appearance are not recommended as it would further complicate the enforcement of
shelters.
Permitting and Compliance
No permit is recommended to be required by residents seeking to erect a temporary car
shelter. Compliance to the Zoning By-law standards would be enforced on the basis of any
complaints received. It is estimated that there may be approximately 10-20 cases per year
generated by additional standards.
Safety Considerations
The placement of temporary shelters has consequences on the safety of property owners,
pedestrians, and motorists. Certain jurisdictions set standards on a minimum setback of the
structures from streets and sidewalks to guarantee visibility. A minimum one metre setback
from all lot lines is therefore being proposed. In addition it is proposed that the shelters not
be constructed above any municipal infrastructure. Similar to temporary structures such as
canopy tents or vending stalls, car shelters will not be regulated by the Building By-law.
Conclusion
The proposed Zoning By -Law amendment regarding temporary car shelters as accessory
structures will allow Council to regulate the time of year and location of these uses through
the Zoning By-law. This amendment will establish community standards and ensure
structures are appropriately located in terms of season and placement on properties.
ALTERNATIVES AND OTHER CONSIDERATIONS
No alternatives were considered for the report.
ENGAGEMENT
Public
The public hearing for the rezoning was advertised in the Telegraph -Journal on October 5, 2017
and a second advertisement will be published in the October 25, 2017 edition in accordance
with the requirements of the Community Planning Act.
Page 4 of 5
137
The City of Saint John Zoning By-law Text Amendment October 13, 201
SIGNATURES AND CONTACT
Prepared -
Anthony Clements Haines, MPI
Planner
ff mvl�"
Mark Reade, P.Eng., MCIP, RP�*
Senior Planner
Jacqueline Hamilton, MURP, MCIF', RPP
Commissioner
Contact: Clements Haines, Anthony
Phone® (506) 658 4074
E-mail: Anthony. clementshai nes@saintjohn. ca
W.11
PROPOSED AMENDMENT TO THE ZONING
BY-LAW OF THE CITY OF SAINT JOHN
PUBLIC HEARING
Public Notice is hereby given that the Common
Council of The City of Saint John intends to
consider amending The Zoning By-law of The
City of Saint John (By-law Number C.P. 111) a
its regular meeting to be held in the Council
Chamber on Monday, October 30, 2017 at
6:30 p.m.
The amendment would provide standards for
the placement of temporary car shelters,
allowing their use for a portion of the year.
The proposed amendment may be inspected
by any interested person at the office of the
Common Clerk, or in the office of Growth and
Community Development Services, City Hall,
15 Market Square, Saint John, N.B. between
the hours of 8:30 a.m. and 4:30 p.m., Monday
through Friday, inclusive, holidays excepted.
Written objections to the amendment may be
sent to the undersigned at City Hall.
If you require French services for a Common
Council meeting, please contact the office of
the Common Clerk.
The proposed Zoning By-law amendment may
be read by section number only if no member
of Council objects.
The proposed Zoning By-law amendment will
also be considered by the Planning Advisory
Committee at a meeting to be held in the
Council Chamber on Tuesday, October 17,
2017 at 6:00 p.m.
PROJET DE MODIFICATION DE L'ARRETE
DE ZONAGE DE THE CITY OF SAINT JOHN
AUDIENCE PUBLIQUE
t
Par les presentes, un avis public est donne par
lequel le conseil communal de The City of
Saint John a ['intention de modifier I'Arrete de
zonage de The City of Saint John (arrete
n° C.P. 111), au cours de la seance ordinaire
qui aura lieu dans la salle du conseil le lundi
30 octobre 2017 a 18 h 30.
La modification visant a reglementer
['installation d'abris d'automobiles temporaires
afin de permettre leur utilisation pendant une
partie de I'annee.
Toute personne interessee peut examiner la
modification proposee au bureau du greffier
communal ou au bureau du Service de la
croissance et du developpement
communautaire a I'h6tel de ville situe au 15,
Market Square, a Saint John, au Nouveau -
Brunswick, entre 8 h 30 et 16 h 30 du Iundi au
vendredi, sauf les jours feries.
Veuillez faire part de vos objections au projet
de modification par ecrit a I'attention du
soussigne a I'h6tel de ville.
Si vous exigez des services en frangais pour
une reunion du conseil communal, veuillez
communiquer avec le bureau du greffier
communal.
139
Le projet de modification de I'Arrete de zonage
peut faire ('objet d'une lecture par numero
d'article seulement si aucun membre du
conseil ne s'y oppose.
Le projet de modification de I'Arrete de zonage
fera egalement l'objet d'un examen par le
Comite consultatif d'urbanisme lors de la
reunion ayant lieu a la salle du conseil le mardl
le 17 octobre 2017 a 18 h.
Members of the public may address the
Committee at the meeting or submit comments
in writing no later than Friday, July 15 by mail
addressed to the Planning Advisory
Committee, City of Saint John Growth and
Community Development Services, P.O. Box
1971, Saint John, NB E2L 4L1, or by e-mail at
OneStop@saintjohn.ca, or by fax at 658.2837.
Jonathan Taylor, Common Clerk
658.2862
Les membres du public peuvent s'adresser au
Comite lors de la reunion ou transmettre leurs
commentaires au plus tard le vendredi
15 juillet par ecrit en les adressant au Comite
consultatif d'urbanisme, la Ville de Saint John,
Service de la croissance et du deve[oppement
communautaire, C. P. 1971, Saint John
(Nouveau -Brunswick) E2L 4L1, par courriel a
I'adresse OneStop@saintjohn.ca, ou par
telecopieur au 658-2837.
Jonathan Taylor, greffier communal
658-2862
140
PROPOSED AMENDMENT TO
THE ZONING BY-LAW OF THE
CITY OF SAINT JOHN
PUBLIC HEARING
Public Notice is hereby given that
the Common Council of The City
of Saint John intends to consider
amending The Zoning By-law of
The City of Saint John (By-law
Number C.P. 111) at its regular
meeting to be held in the Council
Chamber on Monday, October
30, 2017 at 6:30 p.m.
The amendment would provide
standards for the placement of
temporary car shelters, allowing
their use for a portion of the year.
The proposed amendment may
be inspected by any interested
person at the office of the
Common Clerk, or in the office
of Growth and Community
Development Services, City Hall,
15 Market Square, Saint John,
N.B. between the hours of 8:30
a.m. and 4:30 p.m., Monday
through Friday, inclusive, holidays
excepted.
Written objections to the
amendment may be sent to the
undersigned at City Hall.
If you require French services for a
Common Council meeting, please
contact the office of the Common
Clerk.
The proposed Zoning By-law
amendment may be read by
section number only if no
member of Council objects.
The proposed Zoning By-
law amendment will also be
considered by the Planning
Advisory Committee at a meeting
to be held in the Council
Chamber on Tuesday, October
17, 2017 at 6:00 p.m.
Members of the public may
address the Committee at the
meeting or submit comments
in writing no later than Friday,
October 13 by mail addressed to
the Planning Advisory Committee,
City of Saint John Growth and
Community Development
Services, P.O. Box 1971, Saint
John, NB E21-41-1, or by e-mail at
OneStop@5saintjohn.ca, or by fax
at 658-2837.
Jonathan Taylor,
Common Clerk
658-2862
PROJET DE MODIFICATION DE
L'ARR@Tt DE ZONAGE DE THE
CITY OF SAINT JOHN
AUDIENCE PUBLIQUE
Par les pr&entes, un avis public
est donne par lequel le conseil
communal de The City of Saint John
a ('intention de modifier I'Arr6t6 de
zonage de The City of Saint John
(arW6 no C.P. 111), au tours de
la s6ance ordinaire qui aura lieu
dans la Salle du conseil le lundi 30
octobre 2017 a 18 h 30.
La modification visant a r6glementer
('installation d'abris d'automobiles
temporaires afin de permettre leur
utilisation pendant une parde de
Fann6e.
Toute personne int6ress6e peut
examiner la modification propos6e
au bureau du greffier communal
ou au bureau du Service de la
croissance et du d6veloppement
com m unautaire 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 &rit
a ('attention du soussign6 a I'h6tel
de ville.
Si vous exigez des services en
fra%ais pour une r6union du conseil
communal, veuillez communiquer
avec le bureau du greffier
communal.
Le projet de modification de
I'Arret6 de zonage peut faire I'objet
dune lecture par num6ro d'article
seulement si aucun membre du
conseil ne s'y oppose.
Le projet de modification de
I'Arr6t6 de zonage fera 6galement
('objet d'un examen par le Comit6
consultatif d'urbanisme lors de
la r6union ayant lieu a la Salle du
conseil le mardl le 17 octobre
2017 a 18 h.
Les membres du public peuvent
s'adresser au Comite lors de la
reunion ou transmettre leurs
commentaires au plus tard le
vendredi 13 octobre par 6crit en
les adressant au Comit6 consultatif
d'urbanisme, is Ville de Saint John,
Service de la croissance et du
d6veloppement communautaire,
C. P. 1971, Saint John (Nouveau -
Brunswick) E2L 41-1, par courriel a
1'adre5se OneStop@saintjohn.ca, ou
par t6l6copieur au 658-2837.
Jonathan Taylor,
greffier communal
658-2862
BY-LAW NUMBER C.P. III-
A LAW TO AMEND
THE ZONING BY-LAW
OF THE CITY OF SAINT JOHN
ARRETE N" C.P.111-
ARRETE PORTANT MODIFICATION
DE L'ARRETE DE ZONAGE DE THE
CITY OF SAINT JOHN
Be it enacted by The City of Saint The City of Saint John, rdunie en
John in Common Council convened, as conseil communal, edicte
follows:
The Zoning By-law of The City of
Saint John enacted on the fifteenth day of
December, A.D. 2014, is hereby amended
as follows:
L'Arrete de nonage de The City of
Saint John, ddicte le 15 decembre 2014, est
modifid ainsi :
1. Subsection 2.11 is amended by 1. L'article 2.11 est modifid par
adding the following: adjonction de cc qui suit:
"(b) Notwithstanding paragraph (a), the
following developments may be
undertaken without obtaining a
development permit:
(xxii) A Temporary Car Shelter.
b) Malgrd le paragraphe a), it n'est pas
necessaire d'obtenir un permis
d'amenagement avant d'entreprendre
les amdnagements suivants :
(xxii) un abri d'auto temporaire.
2. Section 3.1 is amended by adding L'article 3.1 est modifie par insertion, selon
the following definitions in l'ordre alphabdtique, de la definition
alphabetical order: suivante :
"`temporary car shelter' means an
easily dismantled building or structure
with a fabric exterior and metal frame
used for car storage or parking. (abri
d'auto temporaire)"
3. The following section is added
immediately following Section 5.7:
"Temporary Car Shelters
Nothwithstanding Section 5. 1, a
temporary car shelter may be erected
within a Residential zone. Temporary
car shelters must meet the following
requirements:
(a) Be erected no earlier than October
15th and removed no later than April
15'h of the following year.
(b) Be located on a dri- eway.
(c) Be limited to one shelter per lot.
(d) Not be constructed over any
municipal infrastructure.
(e) Be set back a minimum of 1 metre
from any front, side and/or flankage
yard property lines."
o abri d'auto temporaire >) Batiment ou
construction facilement ddmontable
compose d'un cadre en metal et d'un
recouvrement en tissu et servant a
Pentreposage ou au stationnement
d'automobiles. (temporary car shelter)
L'article qui suit est ajoute immediatement
apres Particle 5.7:
Abris d'auto temporaires
Malgrd Particle 5.1, it est permis
d'edifier un abri d'auto temporaire dans
une zone rdsidentielle, a condition de
respecter les exigences suivantes :
a) ils peuvent seulement etre ddifies
du 15 octobre d'une armee donne
au 15 avril de Pannee suivante;
b) ils doivent etre situes dans une
voie d'acces;
c) it ne peut y en avoir qu'un seul
par lot;
d) ils ne doivent pas etre edifies sur
une infrastructure municipale;
e) ils doivent etre situds A une
distance minimale d'un metre de
toute limite avant, latdrale ou de
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:
ir' , Y:�����or/Nfaira,
flan du lot.
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 :
ilk 4 COP I OK;
First Reading
Premiere lecture
Second Reading -
Deuxieme lecture
Third Reading a
Troisieme lecture
Received Date October 24, 2017
Meeting Date October 30, 2017
Open or Closed Open Session
His Worship Don Darling and
Members of Common Council
Your Worship and Councillors:
Subject: Manawagonish Road Crosswalk Project
Background:
I am requesting that Council support two local West -side schools in their request to paint a rainbow
crosswalk at the newly installed signalized crosswalk on Manawagonish Rd.
As the school leaders are quoted on the attached letter as saying: "we see a global interpretation of this
colourful image representing accepting people regardless of sexual orientation, religious beliefs, skin colour,
family status, or disability."
Supporting this school initiative is reportedly a very modest financial cost to our city, which can provide real
community engagement value. In supporting both respective schools in their endeavour, we as a city can
promote diversity, inclusiveness and acceptance in our community.
Motion:
Direct the City Manager to provide appropriate support for the St. Rose School and Barnhill Middle School
rainbow crosswalk project.
Furthermore, where appropriate and resource allow provide assistance to similar requests.
Respectfully Submitted,
(Received via email)
Greg Norton
Councillor Ward 1
City of Saint John
SAINT JOHN 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
---- — I
`«1
SAINT ROSE SCHOOL
700 MANAWAGONISH ROAD
SAINT JOHN, NB E2M 3W5
Telephone: (506) 658-5364
Principal
Jill Ferguson
City of Saint John
15 Market Square
Saint John, NB
E2L 4L1
To Whom It May Concern:
BARNHILLMEMEORIAL SCHOOL
MANAWAGONISH ROAD
SAINT JOHN, NB E2M 3W5
Telephone: (506) 658-5393
Principal
Victoria Moseley
Barnhill Memorial School and Saint Rose School represent kindergarten to grade eight students
from the West Side of Saint John. In the newly constructed lighted crosswalk on Manawagonish
Road, our schools propose painting a rainbow crosswalk.
The visual representation of a rainbow crosswalk would promote the themes of diversity and
acceptance in an area that has high traffic from our schools and our community. Our vision
incorporates the colours of the Rainbow Flag which internationally represents LGBTQ+. We see a
global interpretation of this colourful image representing accepting people regardless of sexual
orientation, religious beliefs, skin colour, family status, or disability.
We are asking the City of Saint John to both permit and support this initiative by contributing the
expertise to paint this crosswalk. Our combined schools will support the cost of paint for this
proj ect.
We are hopeful the values of diversity and acceptance taught and promoted within the curricula of
our schools and contained in our District Education Council Ends Policy 45 will extend to the belief
of our city leaders.
Please contact us if you have any questions.
Jill Ferguson, Principal
Barnhill Memorial School
Mal
Victoria Moseley, Principal
Saint Rose School
Received Date October 26, 2017
Meeting Date October 30, 2017
Open or Closed Open Session
Members of Common Council
Councillors:
Subject: Implications for Municipalities - Legalizing Cannabis
Background:
The Atlantic Mayors Congress adopted the following resolution:
Whereas the Atlantic Mayors Congress recognizes that municipalities have significant mandated
responsibilities for public safety, and
Whereas municipalities already face increasing costs for public safety which are a disproportionate burden
on our budgets, and
Whereas municipalities will face costs associated with these mandated responsibilities which will significantly
escalate upon the advent of legalized cannabis, and
Whereas as significant planning and preparation is required for municipalities to respond to community
needs precipitated by legalizing cannabis, and
Whereas to date there has been insufficient involvement of municipalities in discussions, planning and
decision making regarding the legalization of cannabis,
Therefore, be it resolved that the federal and provincial governments and those officials designated for
planning for the legalization of cannabis immediately ensure inclusion of representatives of municipal
government to fully participate in decision making, and
Be it further resolved that a new funding program be agreed upon among federal, provincial and municipal
governments to provide municipalities with the significant start up costs once cannabis is legalized, and
Be it further resolved that revenue generated by legalizing cannabis be agreed upon by designated
representatives of federal, provincial and municipal governments immediately, and
Be it further resolved that the first principal of revenue generation must be to cover actual costs at all orders
of government, and
SAINT JOHN 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
---- — I
Be it further resolved that the Atlantic Mayors Congress request all Atlantic municipal associations and the
Federation of Canadian Municipalities to join in advocacy of this resolution.
I propose that Council send a letter of support of the resolution to the appropriate levels of government.
Motion:
That the Mayor's office send a Letter of Support to the appropriate levels of government.
Respectfully Submitted,
(Received via email)
Don Darling
Mayor
City of Saint John
ul�,# aii
SAINT JOHN P.Q. Box 1971 Saint John, NB Canada E2L 411 ! www„saintjohn.ca I C.P 1971 Saint John, N. -B. Canada E2L 4L1
[N/
COUNCIL REPORT
M&C No.
2017-277
Report Date
October 19, 2017
Meeting Date
October 30, 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 36
Cranston Avenue (PID#26658)
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 36 Cranston Avenue (PID#26658), 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 36 Cranston
Avenue. 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.
`[E:3
-2 -
REPORT
Inspections of the property at 36 Cranston Avenue, PID# 26658, have revealed
that there is one building on the premise; a two storey, wood -framed single unit
building. Staff first became aware of the property's vacancy in May 2016 and
began standard enforcement procedures. The property is located on the City's
North End in a mid -rise residential zone. The building is 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 August 24, 2017 and was posted to the front entrance of the
building on August 25, 2017. The Certificate Regarding Title for the building lists
one individual as the registered owner. The Notice provided the owner with 30
days to remedy the conditions at the property.
A Notice of Appeal was received on August 29, 2017 and an Appeal Hearing was
held on September 20, 2017. As per the attached Decision of the Saint John
Substandard Properties Appeal Committee, City staff expressed a willingness to
work with the property owner, but the property owner has taken no action to
remedy the situation and as such the Notice to Comply was confirmed and the
appeal was accordingly dismissed.
A compliance inspection was conducted on October 6, 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 service on the owner. 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 or unsoundness of structural
strength, 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
October 6, 2017 and sent to 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 $10,000 to $15,000 and will take about 4-6 weeks before it is
-3 -
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.
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 Regarding Title 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
Decision of the Saint John Substandard Properties Appeal Committee
Affidavit of Posting - Notice of Common Council Hearing Letter
Photos
F�
NOTICE TO COMPLY
(Municipalities Act, R.S.N.B. 197
s.190.01(3)) I
Parcel Identifier: 26658
Address: 36 Cranston Avenue, Saint John,
New Brunswick
Name: Hawkins, Joseph Murray
EN N��
(Loi sur les municipalitis, L.R.N.-B. de 1973,
ch. M-22, par. 190.01(3))
Num6ro didentification de la parcelle : 26658
Adresse : 36, rue Cranston, Saint Jolm, Nouveau -
Brunswick
Nom : Hawkins, Joseph Murray
Address: 36 Cranston Avenue, Saint John, New Adresse : 36, rue Cranston, Saint John, Nouveau -
Brunswick, E2K 3M6 Brunswick, E2K 3M6
Municipality issuing notice: City of Saint John
By-law contravened: Saint .1ohn 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 ol.'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
August 18, 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
fb1--A t- +I,- Ct -r+i,-
Municipalit6 signiflant l'avis : City of Saint John
Arrft6 enfreint: Arr&e relatifattx lieux inesthetiques
et aux b6timents et constructions dangerelix de Saint
John, Arr&6 num6ro M-30, ainsi que ses
modifications ci-aff6rentes (1' << Arr6t6 >>),
Disposition(s) enfreinte(s) : Les paragraphes
190.01(1), 190.01(1.1) et paragraphe 190.01(2) de la
Loi stir les immicipalite,Y, ainsi que les modifications
aff6rentcs.
Description de la (des) condition(s) : Les lieux sont
inesth6tiques en pennettant la pr6scnee dc flerraille,
de d6tritus et le b5timent d6labr6. he batiment
est devenu dangereuse pour la s6curit6 du public du
fait de son inhabitation on dc son inoccupation et est
dcvcnu dangel-CLISC p0l1r la S6011-46 du public (In fait
de son d6labrement et du fait de manque de solidit6.
Les conditions du batiment et des lieux sont d6crites i
I'annexe << A », une copie conforme du rapport
d'inspection en date du 18 ao6t 2017 et pr6par& par
Rachel Van Wart, IS, une agente charg6 de
1'ex6cution des arr6t6s municipaux, revise et en
d'accorde avec par Amy Poffenroth, ing., une agente
charg6 de 1'ex6cution des arr&6s municipaux.
Mesure(s) A prendre : La propn6taire dolt restaurer
les conditions en se conformant aux recommandations
du rapport dinspection susi-nentionn6 et d'amener le
bAtirnent et les lieux en confonnit6s avec IArr6t6.
Dans 1'6vcntualit6 que la propri6taire ne rem6dient pas
le bAtiment et les lieux dans le temps prescrit par le
pr6sent avis de conformit6, le batiment pourront etre
d6molis comine mesure corrective compte tenu qu'il
repr&sente un danger pour la s6curit6 du public et les
lieux pourront etre nettoy6s.
Dans 1'6ventualit& de d6molition, tows les d6bris et
autres items sur les lieux seront 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: 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 — 8"' Floor, 15
Market Square, Saint John, New Brunswick, E2L 41-1.
Potential penalty for non-compliance within
specified t>ime: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 II of the Provincial
Offences Procedure Act as a category F offence.
Where an offence under paragraph 190.03(]) 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)(b)(i).
Municipality's authority to undertake repairs or
remedy:s Subparagraphs 190.04(1)(a), 190.04(1)(a.1)
and 190.04(l)(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
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 &tat des lieux, des terrains on
des biens personnels on toute autre mesure corrective
dans le but de controler on de r&duire, d'&liminer le
deversement, de modifier le mode de deversement ou
le deversement d'un polluant dans on sur
I'environnement on toute partie de 1'environnement.
Date 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 domande de permis pour les
mesures des reparations, doivent etre
soumises, dans les 30 jours qui suivent la
signification de I'avis de conformit&.
b) Les reparations reliees aux mcsures doivent
etre completees dans les 120 jours qui suivent
Ia. signification de I'avis de conforrnite.
Daic A, laquelle rids rappel ale. I'avis pent tare al(.pose:
Dans les 1.4 jours qui suivent la notification de I'avis
de conformite.
Processors d'appel : La proprietaire peux dans les 14
jours qui suivent la notification de ('avis de
conformite, envoy& un avis d'appel par courrier
rccommande a la greffiere communale de la
municipalite, a The City of Saint John, Edifice de
I'176tel de ville, 8' etage, 15 Market Square, Saint
John, Nouvcau-Brunswick, E2L 41-1.
Penalite possible pour non-conformite dans le delai
prescrit2 : Le paragraphe 190.03(1) de Ia Loi stir les
municipalites prevoit quiconque omet de se conformer
aux exigences formulees dans un avis de conformite
notifie aux termes de Particle 190.011 de ladite loi,
commet une infraction qui est punissable en vertu de
Ia Partie Il de la Loi sur la procedure applicable (tux
infractions provinciales a titre d'infraetion de Ia classe
F.
Lorsqu'une infraction prevue an paragraphe 190.03(1)
se poursuit pendant plus d'une jouniee. I'amende
ininimale qui peut etre imposec est Pamende
minimale prevue par la Loi sur la procedure
applicable aux infractions provinciales pour une
infraction de la classe F multipli&e par le nombre de
jours pendant lesquels ('infraction sc poursuit
conformement a 1'alinea 190.03(1.2)(b)(i).
Pouvoir de la municipalit6 d'entreprendre les
reparations on de prendre les mesures3 :
Conform&ment aux alineas 190.04(l)(a),
190.04(1)(a.1) et 190.04(1)(1)) de la Loi sur les
municipalites, si un avis de conformite a ete signifie
aux termes de ]'article 190.011 de ladite loi et, que le
proprietaire on ]'occupant ne se conforne pas a cet
avis de conformite dans le delai imparti ct tel qu'i1 est
repute confirm& on tel qu'il est confirm& on tnodifie
par un eomite du conseil on par un iu�c en vertu de
municipality.
Dated at Saint John the 2m qday of August, 2017
Municipality: The City of Saint John
Signature of Municipal Officer:
toute redevance on tout droit afferent, sent a la charge
du proprietaire on de 1'occupant et deviennent une
creance de la znunicipalite.
Fait A Saint John le aout, 2017.
Municipality : The City of Saint John
Signature de la representante municipale:
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. O. Box 1971
Saint John, New Brunswick
F,2I, 41,1
Telephone: (506) 655-2911
Telecopier: (506) 632-6199
__ __ )
Email: to t� .v'�nwarl �� ��rgrh.t o ttt.ca
Seal of municipality
Notes:
L. 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 rine 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.
Coordonn6es de la >repr6se>ntante municipale :
Nom: Rachel Van Wart, IS
Adresse postale:
Service de la Croissance et du Developpement
Communautaire
The City of Saint John
15 Market Square
edifice de 11i6tel de ville, l0e 6tage
Case postale 1971.
Saint. John (Nouveau -Brunswick)
E21, 41.1.
Telephone : (506) 658-2911
T616copicur : (506) 632-6199
Courriel El_a lu E y n ✓ lm r�)>4riniyc�laz t.
Sceau de la municipal.ite
Notes
1. Tous les pennis prescrits doivcnt etre obtenus et tome la
legislation pertinentc Boit etre respective, pendant l'cxecution de ]a
mesure de recours.
2. Le paiernent de l'amende n'annule pas ]'obligation de respecter
l'arrete. la norme on l'avis de conformite.
3. Les coots deviennent tine dette envers la municipalite et peuvent
etre aioutes a 1'avis d'evaluation et d'imp6t fonder municipal et
provincial.
kj"L�_J_ LIU L-11
36 Cranston Avenue
Saint John, New Brunswick
PID# 26658
•;;1! 11 poll! M11 - 1 111
I ITEM 01 �L*1111 ,1:: It I' t U11411M, I, Ot'l T
IV1; M,11,�
Dated at Saint John,
this -2- day of
.. <"t 20
11 �5
A"ardstWc
fanLdards Offi --er
Inspections of the property at 36 Cranston Avenue, PID# 26658, have revealed that there
is one building on the premise (the "Building"); a two storey, wood -framed single unit
building. Staff first became aware of the property's vacancy in May 2016 and began
standard enforcement procedures. The property is located on the City's North End in a
mid -rise residential zone. The Building is 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.
F M N-1, M11 1 0 MR, I
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").
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 perinitting 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; shingles, discarded vinyl siding pieces,
discarded plastic, tires, wood scraps, tailgate of truck, oil tank, rusted metal
pieces, doors, chair, blanket, discarded household items and other various loose
and bagged garbage. The aforementioned accumulation of junk, rubbish, and
refuse is unsightly.
2. The Building is dilapidated. The front steps leading to the front door vestibule are
cracked and leaning. There is a hole in the foundation at the front of the Building,
in addition to numerous other cracks and small holes, The front and left sides of
the Building are covered in vinyl siding, which has been placed over the wooden
shingles. The right side and rear of the Building are covered in wooden shingles
that are peeling, cracked, curling and missing in some locations. There is rusted
metal skirting on the left side of the Building that is covering the foundation,
There is severe deterioration to the exterior building envelope in multiple
locations. The right side of the Building is severely distorted. The significant
movement of the Building is evident in a 7 ft. length section of the rear right wall
and there appears to be plastic bags stuffed in the vacant cavity of rot. The rear
deck and stairs are dilapidated and dangerous with broken stair treads and sloped
decking. Underneath the deck is access to a crawl space that is full of discarded
items. Rot and water staining can be seen on the supporting floor members of the
rear ell. A blue tarp has been placed adjacent to the crawl space opening. Comers
of the rear ell are rotten, bulging and separating. The soffit of the small roof
covering a portion of the rear ell is missing, rotten and stuffed with plastic bags.
3. There is a dilapidated wooden fence at the front, side and rear of the property. The
fence is deteriorated and leaning.
Vacant and Unoccupied
Subsection 190.01(l. 1) of the Municipalities Act states:
I 'l -o person shall permit a building or structure owned or occupied by him
I
or her to become a hazard to the safety of the public by reason of being
vacant
• unoccupied.
The Building is a hazard to the safety of the public by reason of being vacant or
unoccupied for the following reasons:
1. Various parts • the Building have • found •• during multiple routi
inspections. Buildings that are in a • condition and left unsecur•
from public entry can attract vandalism, arson, or criminal activity. At t
June 8, 2017 inspection, the front vestibule and the ••r to the rear ell w
found open, with access to the main Building secure. In addition to the
points of entry with limited access to the Building, there are two •
e
the crawl space and basement under the deck and at the rear of the Buildin
Dilapidated buildings can also devalue properties and pose a hazard to t
safety
•' the public in the surrounding area. The City • Saint John Finan
department confirmed that the water has been turned • since October 201
confirming the longevity of vacancy. In addition, Saint John Ener
confirmed that the power has been disconnected since March 2015.
2. There is a higher risk of a fire event occurring at the property since it is known
to the public that the Building is vacant. The Building is on a corner lot,
however it is adjacent at the rear and right to two multi -unit buildings at 34
Cranston Avenue (6 units) and 3 Second Street (4 units) respectively. If a fire
event were to occur within the Building, it could spread to the properties
which would cause significant damage to the buildings and endanger the lives
of the occupants,
3. There is a concern for emergency personnel safety in the event of an
emergency. If firefighters suspect there may be people inside the Building, it
would be reasonable to expect they may be required to enter it. The condition
of the interior is not known to firefighters which pose a hazard to their safety
and others who may be inside in the event of a fire. The rear exit of the
Building is not safe as the ceiling has collapsed and the flooring is soft and
failing. Emergency Personnel responding to a call could be injured from these
conditions.
Subsection 190.01(2) of the Municipalities Act states
following reasons:
I. Exterior Conditions:
The steps leading to the front door are cracked and leaning and pose a tripping
hazard to those who may enter the Building.
The rear deck and stairs are dilapidated and dangerous with broken stair treads
and sloped decking. These conditions pose a danger to anyone who may attempt
to walk on the stairs and deck.
There is severe deterioration to the exterior building envelope in multiple
locations. The right side of the Building is severely distorted. The significant
movement of the Building is evident in a 7 ft. length section of the rear right wall
that has shifted resulting in a maximum overhang of 12.5 inches at the corner of
the Building. The basement wall is bulging over 10.5 ft. The entire length of the
wall is approximately 31 ft. and it is leaning and sloped to the rear of the property.
Underneath the overhang portion of the Building exists significant rot. A blue
plastic tarp material appears to have been placed underneath the framing board
and there appears to be plastic bags stuffed in the vacant cavity of rot. The
shifting and movement on the right side of the Building has likely affected the
failure in the rear ell and is likely affecting the left side of the Building which
cannot be verified due to vinyl cladding. Underneath the deck is access to a crawl
space where rot and water staining can be seen on the supporting floor members
of the rear ell. A blue tarp has been placed on the wall adjacent to the crawl space
opening. Comers of the rear ell are rotten, bulging and separating. The soffit of
the small roof covering a portion of the rear ell is missing, rotten and stuffed with
plastic bags. The damage to the structure as a result of rot and dilapidation
impacts the soundness of the structure.
2. Interior Conditions:
The rear ell of the Building is dilapidated and hazardous to the public as the
second floor has collapsed. There are jagged flooring members hanging from the
ceiling. There are numerous household objects falling from the second floor to
the first floor. These conditions pose a serious safety issue for anyone that may
enter the Building.
The flooring in the front vestibule of the Building is soft and could fail under
load. This vestibule is open and hazardous to anyone attempting to enter the
Building or deliver mail to the mailbox in the vestibule.
Subsection 190.01(2) 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
dilapidation • • •i structural strength.
The Building is a hazard to the safety of the public by reason unsoundness of structural
strength for the following reasons:
1. In the rear ell of the Building, the second floor has collapsed indicating structural
failure. This collapse decreases the overall structural integrity of the Building and
could contribute to further failure of adjoining elements of the Building. The
jagged flooring members and household objects falling from the second floor
pose a serious safety issue for anyone that may enter the Building.
3. The rear deck and stairs are structurally unsound and dangerous with broken stair
treads and sloped decking. These conditions pose a danger to anyone who may
attempt to walk on the stairs and deck.
4. There are multiple locations throughout the Building where distortion is evident.
The window frames on the left side on the Building and door frame at the front of
the Building are crooked indicating movement in the structural components of the
Building. The rear door from the ell to the main house is not locked, but appears
to be wedged into the door jamb, holding it in place. The right side of the
Building is severely distorted. The significant movement of the Building is
evident in a 7 ft. length section of the rear right wall that has shifted resulting in a
maximum overhang of 12.5 inches at the comer of the Building. The basement
wall is bulging over 10.5 ft. The entire length of the wall is approximately 31 ft,
and it is leaning and sloped to the rear of the property. Underneath the overhang
portion of the Building exists significant rot. The shifting and movement on the
right side of the Building has likely affected the failure in the rear ell and is likely
affecting the left side of the Building which cannot be verified due to vinyl
cladding. There are several other locations of rot on the exterior of the Building
that are contributing to the structural unsoundness of the Building. Foundations
issues may be a contributing factor to the distortion with a hole in the foundation
at the front of the Building, in addition to numerous other cracks and small holes.
The above noted conditions are evidence that the Building is structurally unsound
and poses safety concerns if failure continues.
M
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.
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 Building 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 permit 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
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 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 failing 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.
The property must be in compliance with all applicable By-laws, Acts and
Regulations.
W� M
*aeheZ1Vann_ �Wa , �Fl
Technical Services Officer
J* qet hA, ?. End., gg �,M B A Z10:11
ate Amy Poffe AVate
Building Inspector
Deputy Commissioner
Growth and Community Development Services
CANADA
PROVINCE OF NEW BRUNSWICK
COUNTY OF SAINT JOHN
3E / v c � SAINT JOHN, N.B. (PID number
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. Onkxr,,,'�-4 25, )01 7 at approximately .,Iposted a
copy of the attached:
• Lettcrto Owner, marked Exhibit "A";
• Certificate of Discharge, marked Exhibit "B";
• Notice to Comply, marked Exhibit "C"; and
• Notice of Appeal, marked Exhibit "D"
to the front door of the building that is located at crn
'j Saint
�L—
mynow
Sworn To before me at the
City of Saint John, N.B.,
on the day of
2017
J
FILE: 2017- 2
IN THE MATTER OF AN APPEAL pursuant to sections 191.01(1), 190.01(1.1) and
190.01(2) of the Municipalities Act, R.S.N.B., 1973, C.M-22 and pursuant to the Saint
John Unsightly Premises and Dangerous Buildings and Structures By -Law, By -Law
Number M-30
kOSEPH MURRAY HAWKINS
Appellall
TAE CITY OF SAINT JOHN
Responden)
Parcel Identifier Number: 26658
Parcel Address: 36 Cranston Avenue, Saint John, NB
Owner: Joseph Murray Hawkins
Decision of The Saint John Substandard Properties Appeal Committee
Hearing Date: September 20', 2.017 @ 10 a.m,
Chairperson: Cheryl G. Johnson
Parties Present:
Joseph Murray Hawkins, Appellant
Rachel Van Wart, EIT and Amy Poffenroth, P. Eng. on behalf of the
City of Saint John, Respondent
i0i(
1, The Appellant, Joseph Murray Hawkins appealed a Notice to Comply issued by the
Municipal Officer of the City of Saint John on the 24" day of August, 2017. The Notice to
Comply requires the owner to remedy the conditions of the premises located at 36 Cranston
Avenue, Saint John, NB, identified by Parcel Identifier- 26658 (the "property") not in
compliance with the Saint John Unsightly Premises and Dangerous Buildings and Structures By -
Law, By -Law Number M-30, as more particularly detailed in the Notice.
2. The appeal was heard on September 20'h, 2017. The Appellant appeared and advised that
he wished to proceed in the English language. He was sworn in. He acknowledged receiving the
Notice of Hearing in this matter.
3. The position of the Respondent, the City of Saint John was presented by Rachel Van
Wart, EIT, Technical Service Officer, Building Inspector and Enforcement Officer. She was
sworn in. Amy Poffenrotb, P. Eng., MBA, Building Inspector, Deputy Commissioner of Growth
and Community Development Services was present but did not testify.
4. Mr. Hawkins identified the Notice to Comply dated August 24", 2017, with the
Inspection Report dated August 18'h, 2017 annexed thereto (marked as Exhibit 2), as the Notice
that is the subject matter of this appeal, The Inspection Report attached to the Notice to Comply
was prepared by Rachel Van Wart and concurred in by Amy Poffenroth. The Appellant also
identified the Notice of Appeal dated August 25'h, 2017, (marked as Exhibit 1), as the appeal
upon which he was proceeding.
5. The Notice to Comply was registered in the Registry Office in and for the County of Saint
John on August 24'h, 2017.
6. The Notice to Comply with the Inspection Report annexed thereto was served on the
Appellant on August 25'" , 2017, by posting on the subject property, as evidenced by the
Affidavit of Service of Stephen Guenette, dated September 8', 2017, (marked as Exhibit 4.6).
7. The Notice to Comply stipulates that the property owner is to demolish the building and
clean-up the premises or submit plans to repair and obtain the requisite permit applications
within 30 days of being served with the Notice to Comply. All repair related remedies are
required to be completed within 120 days of being served, Ms. Vail Wart testified that the
Appellant has until September 25', 2017 to submit plans to repair and request the appropriate
permits. She stated that he would have until December 23", 2017 to carry out the necessary
work.
S. The Appellant's grounds of appeal are set forth in his Notice of Appeal as follows:
"I will see if City will pick up garbage. The back ha(is an add on, will remove
ifpermitted. "
9. The property is located in the north end of the City and is a comer lot. The building
located on the property, is a two storey wood framed single unit structure with an ell structure
added to the rear of the building. The property is abutted by a 6 unit apartment house on one side
and a 4 unit apartment house on the other side.
10. The property is in a high density area and there is an elementary school close by. It is on
a bus route and there are a number of vehicles and pedestrians passing by this property on a daily
basis,
11. The evidence of the Appellant is that the property was originally owned by his parents,
who are now deceased. He acquired the property from his mother's estate approximately 10
years ago. He stated that he has cleaned up the yard a bit since receiving the Notice to Comply
and that his brother did some repair work to the front steps approximately 6 months ago.
12. The evidence suggests that the property has been vacant since at least 2015, which is the
year that both water and electricity to the home were disconnected, The City became aware that
the property was vacant in May 2016 and began its standard enforcement procedures shortly
thereafter.
13. The City has received 5 complaints from different people concerning the condition of the
N
property.
14. Ms. Van Wart testified that a letter dated May 27", 2016 (marked as Exhibit 4. 1), entitled
"First Notice- Hazardous & Vacant" was sent to the Appellant at 36 Cranston Ave., Saint John,
NB, from Katelyn Davis, EIT, a Standards Officer with the City, advising the home owner that
the subject property was open, vacant or unoccupied, dilapidated and structurally unsound and
that it posed a hazard to the safety of the public. It also advised the owner of what remedial
action was required and requested the owner to contact the writer on or before June 24th 2016.
15, The records of the City indicated that a gentleman identifying himself as the owner
contacted the City on June 1", 2016 and spoke to Katelyn Davis. The log reflects that Ms. Davis
advised him of what needs to be done to remedy the condition of the premises and that they
discussed possible options. He advised her that he checks the premises at least every two weeks
but would not provide her with an address or a telephone number where he could be reached.
The Appellant claimed that he had no recollection of receiving the letter or the subsequent
conversation.
16, The Appellant would not provide the Appeal Committee with his current address and
stated that he has no telephone at the current time. He blamed a lot of his current problems on an
ex-girlfiicnd, whom he would not name. He stated that he picks -up all. his mail at 36 Cranston
Ave., Saint John, NB and has done so for a number of years. He accused his ex-girlfriend of
taking some of his mail and damaging his property.
17. On December 7", 2016 the City sent another letter (marked as Exhibit 4.2) to the
Appellant entitled "Second Notice- Hazardous & Vacant", which contained similar information
as the first notice. It advised the owner to contact the City on or before January 4', 2016 [sic],
which the owner did not do. This letter was sent to an address that was believed to be where the
Appellant was residing at the time.
18. Then on May 25"', 2017 the City sent another letter (marked as Exhibit 4.3) to the
Appellant entitled, "Final Notice- Hazardous & Vacant". It advised the owner to contact the City
`"-
on or before June 8h, 2017, which the owner did not do. This letter was sent to the Applicant at
the subject property.
19, Rachel Van Wart, on behalf of the City carried out inspections of the property on June 8,
2017 and August 11, 2017, following which she determined that it was a hazard to the safety of
the public by reason of being vacant, by being in a state of dilapidation and by reason of
unsoundness of structural strength. She also determined that the condition of the premises was
unsightly for the reasons stated in her Inspection Report, dated August 181h, 2017 (part of Exhibit
2).
20. Ms, Van Wart described the premises as being unsightly due to the junk, rubbish and
refuse on the property, that included but was not limited to: shingles, discarded vinyl siding
pieces, discarded plastic, tires, wood scraps, parts of a truck, oil tank, rusted metal pieces, various
household items and bagged garbage.
21. She also described the building as being dilapidated, structurally unsound and a hazard to
the public due to, but not limited to: cracks and holes in the foundation; a rusty metal skirting-,
peeling cracking and missing shingles; a severe deterioration in the buildings exterior; a severe
distortion on the right side of the building and elsewhere; significant movement of the building;
bulging and sloping basement walls; defective, dilapidated and dangerous decking and steps; rot
and water stains; collapsed and jagged flooring; soft flooring and missing or rotten soffits,
22. She also described that the vacant and unoccupied house was a safety hazard to the public
as it could attract vandalism, arson or other criminal activity; as being at a higher risk of a fire
event which could easily spread to the abutting properties potentially causing significant damage
to those buildings and endangering the lives of the occupants; and creating an increase risk to
firefighters and other first responders in the event of an emergency.
23. A series of 23 photographs (marked as Exhibit 4.10), introduced into evidence by the
City, depict and confirm the deplorable condition of the premises at the time of the inspections.
The photographs are reflective of the condition of the premises as described in the aforesaid
4
i M-111
Inspection Report.
24. The aforesaid Inspection Report provided two options for the property owner to remedy
the situation, either by repairing in accordance with the National Building Code of Canada
(2010) and other applicable By -Laws, Acts, Codes and regulations and taking such remedial
action to, bring the condition of the structures and premises up to compliance or in the alternative
to demolish the buildings and clean up the debris. Building or demolition permits would have to
be obtained prior to any work being carried out in order to comply with the Saint John Building
By -Law, By -Law Number C.P. 102.
25. Mr. Hawkins did not deny the unsightly condition of the premises or that the vacant
building on the property is dilapidated or that a portion of it was in a dangerous condition. He
did state that it is a very old building and that some of the structural problems have existed for a
long time. He stated that the oil tank on the premises was connected to the heating system in the
house and was not junk.
26. Since last year, he has taken no steps to remedy the situation other than removing some of
the garbage bags and minor repair work to the steps (which would have pre -dated the last
inspection of the building). He has not applied for any pen -nits to carry out any of the remedial
work that is necessary.
27, Mr. Hawkins stated that he works for NB Power. He would like to sell the subject
property or repair what he can, but has no firm plans in place. He would like to wait until next
spring, if possible to come up with a plan,
28. Although there is no mortgage on the property, he stated that he does not have the means
to carry out the remedial work at the current time. He advised that his credit rating is poor.
Currently there is a judgment registered against title (approximately $30,000} and there are
outstanding real property taxes in the amount of $5,969.65 owing.
`W
29. The relevant sections of the Municipalites Act, R. S.N.B., 1973 Chap. M-22 are as
follows-,
190.01 (1) 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 or machinery or the
body or any part of a vehicle, equipment or
machinery, or
(d) a dilapidated building.
190.01(1.1) 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 being vacant or unoccupied.
190.01(2) 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 dilapidation or unsoundness of
structural strength.
30. The safety of the general public is paramount and the representations made by the
Appellant did not provide any detailed plans for the remedial action required or the removal of
the safety hazard posed by the building on the property or to address any other areas of concern,
as identified in the aforesaid Inspection Report, dated August 18'x', 2017.
31. In regards to the Notice of Appeal filed by the Appellant, he did not specifically request
an extension in time nor give valid reasons why the Notice to Comply issued by The City of
Saint John should not be confirmed.
r1l
31 After due consideration of all the evidence before it, the Appeal Committee is satisfied
that the condition of the building on the subject property is unsightly, it is 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 as set forth in the Inspection Report dated August 18"', 2017,
and contrary to the Saint John Unsightly Premises and Dangerous Buildings and Structures By -
Law, By -Law Number M-30.
33. The City expressed a willingness to work with the Appellant but the Appellant has taken
no action to remedy the situation.
34. The Notice to Comply dated August 24", 20171 is therefor confirmed and the appeal
is accordingly dismissed.
Dated at Saint John, New Brunswick this 20th, day of September, 2017.
Cheryl �G. Johnsn,"Ma
Saint Johnandard P;
, Ities
Appeal Committee
7
CANADA
PROVINCE OF NEW BRUNSWICK
COUNTY OF SAINT JOHN
SAINT JOHN, N.B. (PID number
of Saint John, N.B., Make Oath And Say As Follows:
1. I 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 at approximately
- L(A 0A)C-S 6 -7 .,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 atI-ft,n6fe-,,r) A�j Saint
- C�
knT
Sworn To before me at the
City of Saint John, N.B.,
on the day of
2017
CHNOOPHER D MCKIEL
COMMISSIONER OF OATHS
My COMMISSION EXPIRES
BER 31ST, 2019
MCI;]
October 5, 2017
Case Number: 16-0428
Joseph Murray Hawkins
36 Cranston Ave
Saint John, NB
E2K 3M6
Dear Sir/Madam:
Permitting & inspection / Service des inspections et de Papplication
Bw Enforcement / Service d'Application des Arr�t6s Municipaux
Phone / T61. (506) 658-2911
Fax / T616c: (506) 632-6199
Re: Property located at 36 Cranston Av. PID # 00026658
Dangerous and Vacant Building Program
his is Exhibit
Re
) it ferred o in the davit
N-o-rn'b6fore me at the City of
Saint John, NewBrunsw ck,
the -L-2 '�-" /-") �.v ;
" ", (L�
,,,Lday of
'=7
aths
Com 9ssionerof'
On August 24, 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
August 25, 2017,
An Appeal Hearing was held on September 20, 2017 and the deadlines as out lined in the Notice to Comply
were upheld. Therefore, a compliance inspection will be conducted on October 6, 2017. If the property is
not in compliance with the aforesaid By-law at the time of the inspection, City Staff will be attending the
Common Council meeting scheduled on October 30, 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,
Rae el Van Wart, EJT
Technical Services Officer
CC: Bank of Nova Scotia
C/O Gary J. Mclaughlin, Q C. (Via Registered Mail)
P.O. Box 1971 C.P. 1971
Saint John, NB Saint John, NA.
Canada E29 41-1 Canada E2L 4LI
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COUNCIL REPORT
M&C No.
MC2017-272
Report Date
October 25, 2017
Meeting Date
October 30, 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 2191
Ocean Westway (PID#55015135)
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 2191 Ocean Westway
(PID#55015135), 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 2191 Ocean
Westway. The hazardous conditions outlined in the Notice have not been
remedied by the owners 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.
`Fail
-2 -
REPORT
Inspections of the property at 2191 Ocean Westway, PID# 55015135, have
revealed that there is one building on the premise; a single -storey, wood -framed
convenience store. Staff first became aware of the property's vacancy in May
2016, however the power and water have been shut off since 2012. The property
is located in the City's Westside in a general commercial zone. The building is 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 September 14, 2017 and was posted to the front entrance of the
building on September 18, 2017. The Certificate Regarding Title for the building
lists two individuals as the registered owners. 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 October 25, 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
affidavits attesting to service on the owners. 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 or unsoundness of structural
strength, 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
October 11, 2017 and sent to the owners via process server and sent to
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 $10,000 to $15,000 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.
If the bill is left unpaid, it will be submitted to the Province with a request for
reimbursement.
-3 -
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
The City Solicitor's Office provided ownership verification by obtaining the
Certificate Regarding Title 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 to Comply
Affidavit of Posting - Notice of Common Council Hearing Letter
Photos
L1�
NOTICE TO COMPLY
(Municipalities Act, R B
1,
Parcel Identifier: 55015135
Address: 2191 Ocean Westway, Saint John,
New Brunswick
Name: McQuade, Andrew
ITIM 10011 w
AVIS DE CONFORMIA
(Loi sur les municipalitis, L.R.N.-B. de 1973,
par. 190.01(3))
Numero d'identification de la parcelle : 55015135
Adresse: 2191, Ocean Westway, Saint John,
Nouveau -Brunswick
Proprietaire(s) ou occupant(s) :
Nom : McQuade, Andrew
Address: 172 Quispamsis Road, Quispamsis, New Adresse: 172, route Quispamsis, Quispamsis,
Brunswick, E2E 2W 1 Nouveau Brunswick, E2E 2W 1
Name: McQuade, Susan.
Noon : McQuade, Susan
Address: 172 Quispamsis Road, Quispamsis, New Adresse: 172, route Quispamsis, Quispamsis,
Brunswick E2E 2W 1 Nouveau Brunswick, E2E 2W 1
Municipality issuing notice: City of Saint John
Dy -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(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
September 14, 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 nn
Municipalit6 signifiant l'avis : City of Saint John
Arr&e enfreint : Arrete relatif aux lieux inesthetiques
et aux hdtiments et constructions dangereux de Saint
John, Arrete numero M-30, ainsi que ses
modifications ci-afferentes (1' «Arrete »).
Disposition(s) enfreinte(s) : Les paragrapher
190.01(1), 190.01(1.1) et paragraphe 190.01(2) de la
Loi sur les municipalites, ainsi que les modifications
afferentes.
Description de la (des) condition(s) : Les lieux sont
inesthetiques en permettant la presence de ferraille,
de detritus et le batiment delabre. Le batiment
est devenu dangereuse pour la securite du public du
fait de son inhabitation ou de son inoccupation et est
devenu dangereuse pour la securite du public du fait
de son delabrement et du fait de manque de solidite.
Les conditions du batiment et des lieux cont decrites a
1'annexe « A », une copie conforme du rapport
d'inspection en date du 14, septembre 2017 et prepare
par Rachel Van Wart, IS, une agente charge de
1'execution des arrctes municipaux, revise et en
d'accorde avec par Amy Poffenroth, ing., une agente
charge de 1'execution des arretes municipaux.
Mesure(s) i prendre : La proprietaire doit restaurer
les conditions en se conformant aux recommandations
du rapport d'inspection susmentionne et d'amener le
batiment et les lief en conformites avec l'Arrete.
Dans 1'eventualite que la proprietaire ne remedient pas
le batiment et les lieux dans le temps prescrit par le
present avis de conformite, le batiment pourront etre
demolis comme mesure corrective compte term qu'il
represente un danger pour la securite du public et les
�1P11V ril1119't'l1.11i PiNP NP��'ill.a<+
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.
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 — 8'h Floor, 15
Market Square, Saint John, New Brunswick, E2L 41A.
Potential penalty for non-compliance within
specified ti e: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 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)(b)(i).
Municipality's authority to undertake repairs or
remedy: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 mesures 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 on de reduire, d'eliminer 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.
Date i laquelle la on les mesures doivent Etre
prisesi :
a) La demolition du batiment et le nettoyagc des
lieux doivent etre completees, on 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 1'avis de conformite.
b) Les reparations reliees aux mesures doivent
etre completees dans les 120 jours qui suivent
la signification de Favis de conformite.
Bate ii laquelle un appel de l'avis peat itre dkpose:
Dans les 14 jours qui suivent la notification de Pavis
de conformite.
Processus d'appel : La proprietaire peux dans les 14
jours qui suivent la notification de 1'avis de
conformite, envoye un avis d'appel par courrier
recommande a la greffiere communale de la
munieipalite, a The City of Saint John, Edifice de
1'h6tel de ville, 8e etage, 15 Market Square, Saint
John, Nouveau -Brunswick, E2L 4L1.
Penalite possible pour non-conformite dans le delai
prescritz : l,e paragraphe 190.03(1) de la Loi sur les
municipalites prevoit quiconque omet de se conformer
aux exigences formulees dans un avis de conformite
notifie aux termes de Particle 190.011 de ladite loi,
connnet une infraction qui est punissable cn vertu de
la Partic II 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 d'une journee, 1'amende
minimale qui peut etre imposee est 1'a.mende
minimale prevue par 1a Loi sur la procedure
applicable aux infractions provinciales pour une
infraction de la classe F multipliee par le nombre de
jours pendant lesquels Finfraction se poursuit
conformement a 1'alinea 190.03(1.2)(b)(i).
Pouvoir de la municipalite d'entreprendre les
reparations on de prendre les mesures3 :
Conformement a.ux alineas 190.04(1)(a),
190.04(1)(a.1) et 190.04(l)(b) de la Loi sur les
municipalites, si un avis de confonnite a ete signifie
aux termes de Particle 190.011 de ladite loi et, que le
building of that owner or occupier to be repaired or
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.
Dated at Saint John the day of September, 2017
Municipality: The City of Saint John
Signature of Municipal Officer:
K10111114-73WI&IT 711=4
Name: Rachel. Van Wart, E1TT
Mailing address:
Growth and Community Development Services
The City of Saint John
15 Market Square
City Hall Building, 10`t' Floor
F. O. Box 1971
Saint John, New Brunswick
E2L 4L1
Telephone: (506) 658-2911
Telecopier: (506) 632-6199
Email:
Seal of
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.
faire nettoyer ou reparer les lieux de cc proprietaire ou
de cet occupant on de faire reparer on d6molir la
propriet6 de cc proprietaire ou de cet occupant, et les
frais relatifs a 1'exdcution de ces travaux, y compris
toute redevance on tout droit aff6rent, sent a la charge
du proprietaire on de Poccupant et deviennent une
cr6ance de la municipalit6.
Fait A Saint John le septembre, 2017.
Municipalit6 : The City of Saint John
Signature de la reprdsentante municipale:
Coordunn6es de la repr6sentante municipale :
Nom: Rachel Van Wart, IS
Adresse postale:
Service de la Croissance et du Developpement
Communautaire
The City of Saint John
15 Market Square
edifice de 1'h6te1 de ville, l0e 6tage
Case postale 1971
Saint John (Nouveau -Brunswick)
E2L 4L1
Te16phone : (506) 658-2911
T616copieur : (506) 632-6199
Courricl: rachel.vanwart(a7,saintiohn.ea
Sceau de la municipalit6
Notes
1. Tous les permis prescrits doivent etre obtenus et toute la
legislation pertinente doit etre respect6e, pendant 1'ex6cution de la
mesure de recours.
2. Le paicment de 1'amende n'annule pas l'obligation de respecter
1'arrete, In norme ou 1'avis de conformit6.
3. Les couts deviennent une Bette covers la municipalit6 et peuvent
etre ajout6s a Pavis d'evaluation et d'imp6t foncier municipal et
provincial.
2191 Ocean Westway
Saint John, New Bruns
PID# 55015135
I
Dated at Saint John%
this—Hf"' day of�,
Officer
Inspections of the property at 2191 Ocean Westway, PID# 55015135, have revealed that
there is one building on the premise (the "Building"); a single -storey, wood -framed
convenience store. Staff first became aware of the property's vacancy in May 2016,
however the power and water have been shut off since 2012. The property is located in
the City's Westside in a general commercial zone. The Building is 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.
mm''TIMIC
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").
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.
I . There is an accumulation of junk, rubbish, and refuse on the property. These
items include, but are not limited to, shingles, rotten wooden pieces from the
Building, rusted metal items and other various loose and bagged garbage. There is
also a rusted metal pole and motorhome on the property. The aforementioned
accumulation of junk, rubbish, and refuse is unsightly.
2. The Building is dilapidated. There is a rusted light fixture hanging from the front
of the Building and another fixture appears to be unsecure. Shingles from the roof
have blown off onto the property. Siding in numerous locations on the Building
has fallen off or is hanging. The window on the left side of the Building has wood
hanging from it. The deck platform to the left of the Building is rotten and sloped.
The fascia and soffit at the rear of the Building is deteriorated, rotten and missing.
There is an open window at the rear left of the Building. Not only is siding
missing from a portion of the rear of the Building, but plywood is also missing.
The pieces of plywood are not securely attached due to deterioration and water
damage and move in the wind. On the left side of the Building, there is a sign that
is not secure with a single cable acting as support. The sign is in danger of falling
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 being
vacant or unoccupied.
The Building is a hazard to the safety of the public by reason of being vacant or
unoccupied for the following reasons:
1. The Building continues to be found open during routine inspections at the rear
wall. Buildings in dilapidated condon and left unsecured from public entry
can attract vandalism, arson, or criminal activity. The City of Saint John
Finance department confirmed that the water has been turned off since
November 2012. Saint John Energy confirmed that the power has been
disconnected since November 2012.
2. There is a higher risk of a fire event occurring at the property since it is known
to the public that the Building is vacant and because it has been left open and
abandoned. The Building is in very close proximity to a 17 unit Mobile Home
Park at the rear of the property and commercial restaurant to the left of the
property. If a fire event were to occur within the Building it could potentially
spread to the neighbouring properties which could cause significant damage to
the buildings and would not only endanger the lives of the occupants but
would damage the livelihood of the small business.
3. There is a concern for emergency personnel in the event of a 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 interior conditions
of the Building 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 extensive water
damage to the rear wall and visible water infiltration through the roof could be
hazardous if added load is applied.
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:
I . Although staff did not enter the Building as the entry doors are secured and
locked, the interior conditions are visible through the front commercial glass
doors. The rear wall of the Building has been compromised. Water damage is
evident with insulation and drywall falling from the ceiling. Sunlight is
visible through the open rear wall. There is also a considerable amount of
discarded garbage and broken drywall scattered throughout the Building.
2. Tripping hazards exist with both the rear wooden retaining wall and deck
platform to the right of the Building. The rear wooden retaining wall is rotten,
19
3. The dilapidation of the Building has caused numerous pieces of the Building
to fall off or hang from the Building. The fallen pieces have resulted in
hazardous protruding nails remaining in wood lying around the property.
Other items hanging from the Building include: a rusted light fixture, siding,
pieces of wood, plywood and loose, rotten soffit. Shingles from the roof have
also blown off the Building and remain scattered around property. The sign/
portion of the roof to the left of the Building is sloped and lacking appropriate
support. The soffit on this portion of the roof is visibly distorted and sloping.
From the rear of the Building, a cable appears to be holding up this sign. If
this sign were to fall off the Building it could severely injure people in the
neighbouring properties.
4. The rear wall of the Building is severely dilapidated. Not only is siding
missing from the rear wall, but plywood is also missing, leaving a 4 foot by 8
foot sized hole in the wall with kitchen plumbing and cabinetry visible. The
pieces of plywood are not securely attached due to deterioration and water
damage and appear to be hanging off the Building. The plywood pieces are
unsecure such that wind causes them to move. The plywood are in danger of
falling off the Building. The studs supporting the rear wall are exposed,
bly rotten and deteriorated. The rim board is in the same condition. This
area of dilapidation in the rear wall allows access to the Building, If a child or
trespasser attempted to enter the Building through this location, they could be
severely injured.
Subsection 190.01(2) 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
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:
I . Key structural elements of the Building have been compromised through
extensive water damage and deterioration; causing failure of the rear wall in
particular and immediate hazard to the public. The rear wall will eventually fail,
as the rim joist and studs are rotten and unsecure. The collapse of the rear wall
could cause damage to neighbouring properties to the rear of the property in
addition to personal harm and injury. The sign/ portion of the roof to the left of
the Building is sloped and lacking appropriate support. The soffit on this portion
of the roof is visibly distorted and sloping. From the rear of the Building, a cable
appears to •be •holding •up this sign, securing from failure. If this sign were to fall
off the Building it could severely injure people and damage the neighbouring
properties.
The ouY7-t er + +
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
is"
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 Building 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 permit 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,lohn 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.
Option 2: Demolition of the Building and cleanup of all debris on the premise by
complying with all the remedial actions as follows:
I - 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 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
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.
a a
chel Van Mart, E
Technical Services Officer
Growth and Community Development Services
Date
Amy Poffenr t , P. Eng, MBA
Building Inspector
Deputy Commissioner
Crr*,%
PROVINCE OF NEW BRUNSWICK
COUNTY OF SAINT JOHN
CITY OF SAINT JOHN
AFFIDAVIT OF SERVICE
(17 -NE of the Community of Nerepis in the
County of Kings and Province of New Brunswick MAKE OATH AND SAY AS
FOLLOWS:
I On the'�,?,° day of 2017,1 served
O
u A. with the following documents: q
• a Notice to Comply, attached hereto as Exhibit "A";
& and a Notice of Appeal, attached hereto as Exhibit "B";
by leaving a copy with him
New Brunswick.
2. 1 was able to identify the person served by means of the fact that he / she
acknowledged to me he /(he)was
A,
Sworn To before me at the
City of Saint John, N.B.,
on the day of
12017
r.
191
CANADA
PROVINCE OF NEW BRUNSWICK
COUNTY OF SAINT JOHN
CITY OF SAINT JOHN
AFFIDAVIT OF SERVICE
of the Community of Nerepis in the
County of Kings and Province of New Brunswick MAKE OATH AND SAY AS
FOLLOWS:
1. On the day of m-->fyl 2017, 1 served
m.Wt- 0 AID with the following documents:
• a Notice to Comply, attached hereto as Exhibit "A";
• and a Notice of Appeal, attached hereto as Exhibit "B";
by leaving a copy wit him her at A J
—S New Brunswick.
2. 1 was able to identify the person served by means of the fact that he
acknowledged to me he was
0 0
Sworn To before me at the
City of Saint John, N.B.,
on the day of
2017
CHMSTOPHER D MCKIEL
COMMISSIONER OF OATHS
My COMMISSION EXPIRES
DECEMBER 31ST, 2019
192
CANADA
PROVINCE OF NEW BRUNSWICK
COUNTY OF SAINT JOHN
SAINT JOHN, N.B. a P n um b er
1, —c rA: 41 , of Saint John, N.B., Make- (-')azh And Say As Follows:
1. 1 am employed by The City of Saint John in its Growth= I r'ommunity Development
Services Department. I have personal knowledge of the ma.-Ters herein deposed except
where otherwise stated.
L
2. OnC/Iclk)�-'Pc'x o atapproximatel-s
I posted a
copy of the attached Notice of Common Council Hearin,-!'---iLer, marked Exhibit -A"
to the front door of the building that is located at r1( U t, Saint
John, N.B.
Sworn To before me at the
City of Saint John, N.B.,
on the day of
2017
L-2-
�0
DECEMBER 316T, 2019 193
October 10, 2017
Case Number: 16-0419
Permitting & Inspection / Service des inspections et de I'application
By -Law Enforcement / Service d'Application des Arr&t6s Municipaux
Phone / T61: (506) 658-2911
Fax / T616c: (506) 632-6199
Andrew & Susan McQuade
172 Quisparnsis Rd
Quisparnsis, NB
E2E 2W I
Dear Sir/Madam:
This is Exhibit �'Alo
Referred to in the Affidavit of.
Swor before me at the City of
Saint John, New B Mnswick
z
the. ,/" day 0
Commissioner of the
Re: Property located at 2191 Ocean West Way, PID 4 55015135
Dangerous and Vacant Building Program
On September 14, 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
September 18, 2017.
The fourteen (14) day appeal period has now expired. Therefore, a compliance inspection will be conducted
on October 25, 2017. If the property is not in compliance with the aforesaid By-law at the time of the
inspection, City Staff will be attending the Common Council meeting scheduled on October 30, 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, EIT
Technical Services Officer
CC: Via Registered Mail
Business Development Bank of Canada
All Canada Arcade Corp. Ltd
Waste management of Canada Corporation
London Life Insurance Company
I
I
I
I
I
I
COUNCIL REPORT
M&C No.
2017-273
Report Date
October 23, 2017
Meeting Date
October 30, 2017
Service Area
Saint John Water
His Worship Mayor Don Darling and Members of Common Council
SUBJECT. 2018 Water & Sewerage Utility Operating Budget
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner/Dept. HeadL4
City Manager
J. Brent McGovern
J. Brent McGovern
m
I Jeff Trail
RECOMMENDATION
The following resolutions are in order provided Council is supportive of the
recommended attached budgets.
It is recommended that Common Council adopt the following:
1. RESOLVED that the estimated revenue for the Water and Sewerage
Utility for the year 2018 in the amount of $47,804,000 be adopted
(Appendix "B");
RESOLVED that the estimate of expenses for the Water and Sewerage
Utility for the year 2018in the amount of $47,804,000 be approved
(Appendix "A"); and
3. RESOLVED that the By -Law entitled A By -Law to Amend a By -Law
Respecting Water & Sewerage (Appendix "C") be given first and second
reading:
A By-law to amend a By-law respecting Water and Sewerage be
amended by repealing Schedules "A" and "B" in Section 44, and
substituted by the submitted 2018 Schedules "A" and "B".
EXECUTIVE SUMMARY
At the September 27, 2017 meeting of the Finance Committee, Saint John Water
presented in detail the 2018 Utility Fund Operating Budget for approval and at
the meeting, it was "RESOLVED that the Finance Committee approve the 2018
180191
-2 -
Utility Fund Operating Budget and submit to Common Council for receive and
file."
At the October 2, 2017 meeting of Common Council, an overview of the 2017
Water & Sewerage Utility Fund Operating Budget was presented to Common
Council along with an opportunity for Council to ask questions, the
accompanying report was received and filed. Please note Utility Fund Capital
Budget was approved at the October 2, 2017 meeting of Council.
Provided Council is supportive of the recommended attached 2018 Utility Fund
Operating Budget, it is recommended that Common Council proceed with first
and second reading.
PREVIOUS RESOLUTION
At the October 2, 2017 meeting of Council it was "RESOLVED that members of
Common Council reflect upon the attached draft of the 2018 Water and
Sewerage Utility Fund Operating Budget and make any and all inquiries and
recommendations to staff; and receive and file this report."
SERVICE AND FINANCIAL OUTCOMES
See enclosed Service -Based Budget (SBB) 2018 - 2019
ATTACHMENTS
M&C 2017-253 c/w associated attachments (Expenditure and Revenue Budgets
and Presentation)
Appendix A
Appendix B
Appendix C
By-law — Saint John Water
SBB Documents
f►�iL1
COMMON COUNCIL REPORT
M&C No.
2017-253
Report Date
September 26, 2017
Meeting Date
October 02, 2017
Service Area
Saint John Water
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: 2018 Water and Sewerage Utility Operating Budget
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner/Dept.
City Manager
Recommended by
Head
Craig Lavigne
Brent
Jeff Trail
Finance Committee
McGovern/Cathy
Councillor Merrithew
Graham
Finance Chair
RECOMMENDATION
It is recommended that members of Common Council reflect upon the attached
draft of the 2018 Water and Sewerage Utility Fund Operating Budget and make
any and all inquiries and recommendations to staff; and receive and file this
report.
EXECUTIVE SUMMARY
The 2018 Utility Fund Operating Budget was presented to the Finance
Committee on September 27, 2017 for approval. The 2018 budget reflects the
completion of the largest municipal infrastructure project in the history of the
Province of New Brunswick, the Safe Clean Drinking Water Project (SCDWP). The
project is anticipated to be substantially completed by November/December
2018.
The proposed 2018 budget for the most part holds a service level similar to the
service level in the 2017 budget however the West side water users as of
September 14, 2017 have begun receiving safe, clean drinking water and 2018
will represent the first full year in service for the new West side potable
groundwater system. The remainder of the City's potable water customers will
begin receiving safe, clean drinking water in 2018.
Several key initiatives are anticipated to be completed in 2018 along with the
SCDWP. These include the continuation and finalization of both the Water and
18017
-2 -
Wastewater Rate Study (which includes evaluation of universal metering) and
completion and finalization of the Industrial Rate Studies. Also included in 2018
initiatives are maintenance and repair of much of Saint John Water's inventory
of gravel roads, dredging of the Lancaster Lagoon, Lancaster Water Storage Tank
coating maintenance, improved watershed signage and allocation of funds for
sewer lining and pipe patching. Given the sewer video program is soon to get
underway; funds are also being allocated to deal with sewer issues that are
discovered to allow for the deferral of Capital in some instances or for the
prompt infrastructure repair in other instances. In addition, Continuous
Improvement projects and revenue generation opportunities will remain a focus
in 2018.
The flat rate being recommended for 2018 is $1,368. This rate is consistent with
the transitional forecasted rate over the past 5 years and it represents an annual
increase of $72 in 2018 or $6.00 per month per residential flat rate user.
PREVIOUS RESOLUTION
On September 27, 2017 the Finance Committee "RESOLVED that Finance
Committee approve the 2018 Utility Fund Operating Budget and submit to
Common Council for receive and file."
STRATEGIC ALIGNMENT
The proposed 2018 Utility Fund Operating Budget is aligned with Council's
priorities in taking a strategic approach to financial management of the Utility by
continuing to contribute Capital funding from Operating and by contributing to
the SCDWP reserve fund.
REPORT
The proposed 2018 Utility Fund Operating Budget is a total of $47,804,000 and
represents an increase of $2,554,000 (5.64%) over 2017 budget ($45,250,000).
There are budgeted increases in expenditures for 2018 that the Utility has little
control over and include items such as; wage increases tied to collective
agreements, workers compensation rates, electricity increases and asphalt costs
associated with utility cuts.
The more significant changes in service areas are detailed below:
WIN
Operating Expenditures
Drinking Water
Industrial Water
Wastewater
Infrastructure Management
Internal Charges/Post Employment
Benefits
Fiscal Charges
Debt servi ci ng
Capital from Operating
Total Expenditures
-3 -
10,483,000
1,696,000
11,268,000
1,201,000
2,279,000
9,512,000
971,000
1,519,000
177,000
10,564,000
704,000
1,330,000
-129,000
2,142,000
137,000
10,102,000 7,458,000 2,644,000
10,775,000 12,725,000 -1,950,000
47,804,000 45,250,000 2,554,000
Almost 44% of the budget is associated with Debt Servicing & Capital from
Operating as a result of the recent and significant infrastructure investments in
Harbour Clean-up and the SCDWP.
Drinking Water
The amount proposed for Drinking Water for 2018 is $10,483,000 and represents
an increase of $971,000 over 2017. The largest driver of this variance is the
increase in water treatment of $667,000 which is directly linked to the
anticipated start up and operating of the new east water treatment plant in
November/December 2018. There are also budget increases being allocated to
the new west well system
The other major increase is in water transmission and distribution which is
increasing $304,000 over 2017. This increase is also directly linked to the
SCDWP. It is anticipated based upon best industry advice that with the new
West System and East System expected to go online, the Utility could see an
increase in infrastructure leaks due to the change in water chemistry. This
increase has the potential in the short-term to drive up expenditures such as the
utility cuts, overtime and parts to repair leaks, etc. Finally, there have also been
increases in maintenance of assets.
Industrial Water
The present supply of some East water to West for industrial purposes is coming
to an end, as part of the SCDWP; therefore, the demand on Musquash will
increase. The increase of $177,000 over 2017 is due to the additional pumping
costs at the Musquash pumping station and royalties paid to the Province for the
water supply at Musquash.
KIYA
-4 -
Wastewater
Wastewater will see an increase of $704,000 over the 2017 budget. The
dredging and removal of biosolids that will be done on the Lancaster Lagoon
resulted in a $100K increase in the budget. There are also increases in electricity
usage, for example, as a result of new or expanded infrastructure that
contributes to the new treatment processes at Morna and Greenwood along
with the three new sewage lift stations under construction resulting in $220K
more in budgeted expenditures. Mechanical parts are budgeted to be an
additional $150K over 2017 for ongoing maintenance at pump stations.
Internal Charges/Post-Employment Benefits
The increase of $137,000 over last year is directly related to collections. Overall
increases for collections include increases in wages, postage, and other services.
There is also a provision for bad debt. Although rare, some accounts will be
deemed uncollectable, for example, property tax sale.
Infrastructure Management
The decrease of $129,000 over last year is for the most part directly related to
the reduction in one full-time Design Engineering position.
Fiscal Charges
The increase in debt servicing of $2,644,000 relates to the increase in debt the
Utility is taking on as part of the SCDWP. Principle and interest payments on
$45,000,000 will be made in 2018. The Capital from Operating includes
$6,275,000 for the SCDWP reserve and $4,500,000 for Capital projects. Aside
from the SCDWP, Saint John Water has strategically compiled a very small
Capital program for 2018 due to completion of the large project and resources
needed, therefore resulting in a decrease in expenditures of $1,950,000 over
2017.
Revenue
Council is required to set the water rates that recover the Operating and Capital
cost of the Utility and the budget is $47,804,000 for 2018. A couple of highlights
for revenue for 2018 is that the flat rate charge being recommended for 2018 is
$1368 which represents an annual increase of $72 in 2018 or $6.00 per month
per residential flat rate user. There is also cumulative previous years' surplus of
$1,217,000 that is brought in as the first revenue item. Also, an additional
amount of $1,300,000 has been budgeted for interest revenue associated with
the $45,000,000 that is planned to be invested for a year until required for the
substantial completion payment for the SCDWP.
1801.13
-5 -
Conclusion
The increase in rates for 2018 being proposed and forecasted for 2019 are
consistent with the transitional forecasted rates over the past 5 years. 2018 will
bring an end to the Safe, Clean Drinking Water Project - the largest municipal
infrastructure project in the history of New Brunswick.
Rates are anticipated to stabilize after 2019 for ratepayers; however, it must be
noted that the SCDWP is only 55% complete at this point. There remains the
potential for significant financial risk on the project, a lot of operational costs are
forecasted at this time, the water and sewer rate study is scheduled for
completion in the first half of 2018 and a universal metering assessment will
need to be considered in 2018 for the creation of future budgets. The asset
management plan and the long term financial plan will both be key in
determining how to close the gap on sustainable funding of the infrastructure
deficit.
The Rate Studies will be an important component to how rates will be set for
each user class and the impact of those rates on the overall Utility.
SERVICE AND FINANCIAL OUTCOMES
See enclosed 2018 Utility Fund Operating Budget
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
Finance has been involved in the creation of the budget, Transportation and
Environment have been consulted on the Utility cuts program and Growth and
Community Development have been consulted on growth related opportunities.
The Finance Committee has provided input and feedback over the two
presentations held during the month of September 2017.
ATTACHMENTS
Exhibit 1 - 2018 Water and Sewerage Utility Fund Capital Budget
Presentation
18016.1
2018 SAINT JOHN WATER SERVICE BASED BUDGET
Operating Expenditures
Drinking Water
Watershed Management
Water Treatment
Water Pumping & Storage
Transportation & Distribution
Customer Metering
Industrial Water
Watershed Management
Water Pumping & Transport
Customer Metering
Wastewater
Wastewater Pumping
Wastewater Collection
WasteWater Treatment
Infrastructure Management
Municipal Engineering
Other Internal Charges
Additional Post Employment Benefits
Fiscal Charges
Debt servicing
Capital from Operating
Total Fiscal Charges
2019
Forecast
229,000
211,000
213,000
2,455,000
3,122,000
9,285,000
1,086,000
1,166,000
1,178,000
4,992,000
5,281,000
5,334,000
750,000
703,000
710,000
467,000
524,000
529,000
942,000
1,051,000
1,061,000
110,000
121,000
123,000
3,005,000
2,859,000
2,887,000
3,192,000
3,440,000
3,475,000
4,367,000
4,969,000
5,019,000
1,330,000
1,201,000
1,211,000
750,000
895,000
930,000
1,392,000
1,384,000
1,394,000
25,067,000
26,927,000
33,349,000
7,458,000
10,102,000
10,054,000
12,725,000
10,775,000
4,529,000
20,183,000
20,877,000
14,583,000
Total Expenditures 45,250,000 47,804,000 47,932,000
Revenues
Flat rate Accounts
20,687,000
21,742,000
22,899,000
Metered Accounts
19,463,000
19,568,000
20,092,000
Fire Protection Levy
2,300,000
2,300,000
2,400,000
Storm Sewer Levy
965,000
1,000,000
1,000,000
Other revenues
671,000
1,977,000
693,000
Previous Year's Surplus
1,164,000
1,217,000
848,000
Total Revenues 249,250,000 47,804,000 47,932,000
2019
Forecast
Flat Rate - Water & Sewerage
1,296
1,368
1,440
5.85%
5.55%
5.28%
Meter Rates:
Block 1
1.4633
1.5445
1.6260
Block 2
0.9318
0.9835
1.0354
Block 3
0.3288
0.3471
0.3654
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2018 SAINT JOHN WATER EXPENDITURE BUDGET
Operating Expenditures
Drinking Water
Watershed Management
Water Treatment
Water Pumping & Storage
Transmission & Distribution
Customer Metering
Industrial Water
Watershed Management
Water Pumping & Transmission
Customer Metering
Wastewater
Wastewater Pumping
Wastewater Collection
WasteWater Treatment
Infrastructure Management
Municipal Engineering
Other Internal Charges
Additional Post Employment Benefits
Fiscal Charges
Debt servicing
Capital from Operating
Total Fiscal Charges
Total Expenditures
2019
Forecast
229,000
211,000
213,000
2,455,000
3,122,000
9,285,000
1,086,000
1,166,000
1,178,000
4,992,000
5,281,000
5,334,000
750,000
703,000
710,000
467,000
524,000
529,000
942,000
1,051,000
1,061,000
110,000
121,000
123,000
3,005,000
2,859,000
2,887,000
3,192,000
3,440,000
3,475,000
4,367,000
4,969,000
5,019,000
1,330,000
1,201,000
1,211,000
750,000
895,000
930,000
1,392,000
1,384,000
1,394,000
25,067,000
26,927,000
33,349,000
7,458,000
10,102,000
10,054,000
12,725,000
10,775,000
4,529,000
20,183,000
20,877,000
14,583,000
45,250,000
KOMI
47,804,000 47,932,000
2018 SAINT JOHN WATER REVENUE BUDGET
Revenues
Flat rate Accounts
20,687,000
Metered Accounts
19,463,000
Fire Protection Levy
2,300,000
Storm Sewer Levy
965,000
Other revenues
671,000
Previous Year's Surplus
1,164,000
Total Revenues
Flat Rate - Water & Sewerage
Meter Rates:
2019
Forecast
21,742,000
22,899,000
19,568,000
20,092,000
2,300,000
2,400,000
1,000,000
1,000,000
1,977,000
693,000
1,217,000
848,000
45,250,000 47,804,000 47,932,000
1,296 1,368 1,440
5.85% 5.55% 5.28%
Block 1
1.4633
1.5445
1.6260
Block 2
0.9318
0.9835
1.0354
Block 3
0.3288
0.3471
0.3654
pati
Appendix "C"
Proposed 2018 Changes
By -Law Number M-16, A By -Law Respecting Water and Sewerage
(Water and Sewerage Utility Fund)
A BY-LAW TO AMEND
UN ARRETE POUR MODIFIER
A BY-LAW RESPECTING WATER AND
ARRETE CONCERNANT LES RESEAUX D'EAU ET
SEWERAGE
D'EGOUTS
Be it enacted by Common Council of the City
Le conseil communal de The City of Saint John
of Saint John, as follows:
edicte :
A by-law of the City of Saint John entitled "A
Par les presentes,l'arrete de The City of Saint
By-law Respecting Water and Sewerage"
John intitule « Arrete concernant les reseaux
enacted on the 7th day of June, A.D. 2004, is
d'eau et d'egouts », edicte le 7 juin 2004, est
hereby amended as follows:
modifie comme suit:
1. Schedules "A" and "B" are repealed and
1. Les annexes « A » et « B » sont abrogees et
the following are substituted therefor.
sont remplacees par celles qui figurent aux
presentes.
Mayor or the member of the Council who
Maire ou membre du conseil qui presidait la
presided at the meeting at which it was
reunion A laquelle 1'arrete a ete edicte
enacted; and/
Common Clerk
Greffiere communale
First Reading
Premiere lecture
Second Reading
Deuxieme lecture
Third Reading
Troisieme lecture
PIK-1
A BY-LAW RESPECTING WATER AND SEWERAGE SCHEDULE "A"
ARRETE CONCERNANT LES RESEAUX D'EAU ET D'EGOUTS ANNEXE «A»
Effective January 1st, 2018/ En vigueur le 1 er janvier 2018
POOM
A BY-LAW RESPECTING WATER AND SEWERAGE
Effective January 1st, 2018
SCHEDULE "B"
For the first 50
1.5445
For the first 100
1.5445
For the next 124,950
0.9835
For the next 249,900
0.9835
For all in excess of 125,000
0.3471
ffi�Mfflmm�nrcifimrm����������������������������������
0.3471
Spillage
0.1100
Spillage
IIi�MnMn�R'rnfi���������
IIi�NmilY (!�,....IIi�I�emihlY
6?A...IIi�R�1�M�NAXln,..36.0615mm
216.36
18.03
Mj
For the first 50
1.5445
For the first 100
1.5445
For the next 124,950
0.9835
For the next 249,900
0.9835
For all in excess of 125,000
0.3471
For all in excess of 250,000
0.3471
Spillage
0.1100
Spillage
0.1100
PIM]
ARRETE CONCERNANT LES RESEAUX D'EAU ET D'EGOUTS
En vigueur ler janvier 2018
ANNEXE << B >>
Pour les 50 premiers m3
1,5445
Pour les 100 premiers m3
1,5445
Pour les 124 950 m3
suivants
0,9835
Pour les 249 900 m3
suivants
0,9835
Pour toute consommation
au-delA de 125 000 m3
0,3471
Pour toute consommation
au-delA de 250 000 m3
0,3471
Renversement
0,1100
Renversement
0,1100
II�I�Iii�F�a,�,tl�216.36
1836.0615mm
6250mm
=jj6Mj.03
Mjjj
et plus
Pour les 50 premiers m3
1,5445
Pour les 100 premiers m3
1,5445
Pour les 124 950 m3
suivants
0,9835
Pour les 249 900 m3
suivants
0,9835
Pour toute consommation
au-delA de 125 000 m3
0,3471
Pour toute consommation
au-delA de 250 000 m3
0,3471
Renversement
0,1100
Renversement
0,1100
Wel
the City of Saint John as follows:
A by-law of the City of Saint John entitled
"A By-law Respecting Water and Sewerage"
enacted on the 7"' day of June, A.D. 2004, is hereby
amended as follows:
1 Schedules "A" and `B" are repealed and
the following are substituted:
SCHEDULE "A"
Effective January ls`, 2018
Flat rate customers
Flat rate customers Yearly $616.22
Water charge
SCHEDULE`B"
Effective January ls`, 2018
METERED CUSTOMERS -
WATER SERVICE CHARGE
Meter Size
Yearly ($)
Monthly ($)
Bi -Monthly($)
15mm
216.36
18.03
36.06
20mm
264.84
22.07
44.14
25mm
361.68
30.14
60.28
40mm
475.56
39.63
79.26
50mm
948.72
79.06
158.12
75mm
1,971.48
164.29
328.58
100mm
3,428.52
285.71
571.42
150mm
5,388.24
449.02
898.04
200mm
7,742.40
645.20
1,290.40
250mm &
UP
10,485.96
873.83
1,747.66
METERED CUSTOMERS - CONSUMPTION CHARGE
Monthly (by m3)
Bi-Monthl (by m3)
Consumption
(m3)
Rate
($ m3)
Consumption
(m3)
Rate
($ m3)
For the first 50
1.5445
For the first 100
1.5445
For the next
124,950
0.9835
For the next
249,900
0.9835
For all in excess
of 125,000
0.3471
For all in excess
of 250,000
0.3471
Spillage
0.1100
Spillage
0.1100
IN WITNESS WHEREOF The City of Saint John
has caused the Common Seal of the said City to be
affixed to this by-law the day of, A.D. 2017 and
signed by:
Saint John decrete cc qui suit :
Par les presentes, 1'arrete de The City of
Saint John intitule « Arrete concernant les reseaux
d'eau et d'egouts», edicte le 7 juin 2004, est
modifie comme suit::
1 Les annexes «A» et «B» soot abrogees et
soot remplacees par celles qui figurent aux
presentes.
ANNEXE«A»
En vigueur le ler janvier 2018
Tarif forfaitaire pour les clients
Tarif forfaitaire pour
Tarif
616,22$
les clients
annuel
15mm
Redevance sur 1'eau
18.03
36.06
ANNEXE«B»
En vigueur le ler janvier 2018
CLIENTS AVEC COMPTEUR
- TARIF DES SERVICES D'EAU
Dimension du
com teur
Tarif
annuel $
Tarif
mensuel $
Tari
bimensuel $
15mm
216.36
18.03
36.06
20mm
264.84
22.07
44.14
25mm 1
361.68
30.14
60.28
40mm
475.56
39.63
79.26
50mm
948.72
79.06
158.12
75mm
1,971.48
164.29
328.58
100mm
3,428.52
285.71
571.42
150mm
5,388.24
449.02
898.04
200mm
7,742.40
645.20
1,290.40
250mm et
plus
10,485.96
873.83
1,747.66
CLIENTS AVEC COMPTEUR- FRAIS DE CONSOMMATION
Mensuels (par m')
Bimestriels
(par m')
Consommation
Frais
Consommation
Frais
(m3)
($/m3)
(m3)
($/m3)
Pour les 50
1,5445
Pour les 100
1,5445
premiers
premiers
Pour les
0,9835
Pour les
0,9835
124 950
249 900
suivants
suivants
Pour toute
0,3471
Pour toute
0,3471
consommation
consommation
au -dela de
au -dela de
125 000
250 000
Renversement
0,1100
Renversement
0,1100
EN FOI DE QUOI, The City of Saint John a fait
apposer son sceau communal sur le present arrete le
2017, avec les signatures suivantes :
Mayor/maire
Common Clerk/Greffiere communale
First Reading - Premiere lecture -
Second Reading - Deuxieme lecture -
Tlhird Rearlino - Trnicieme lertrnre _
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COUNCIL REPORT
M&C No.
M&C 2017-274
Report Date
October 23, 2017
Meeting Date
October 30, 2017
Service Area
Transportation and
Environment Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: Daniel Avenue Traffic Calming
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 support the inclusion of
any warranted traffic calming measures that address vehicle speed or volume
issues on Daniel Avenue as part of the Safer School Zones Project for M. Gerald
Teed School planned for 2018 in accordance with the City's Traffic Calming
Policy.
PREVIOUS RESOLUTION
At its October 16, 2017 meeting Common Council discussed a motion brought
forward by Councillor MacKenzie to address residents' concerns about the speed
and volume of vehicles on Daniel Avenue. The resulting discussion at the Council
meeting raised a number of questions. Council directed City staff to return with
answers to these questions at their next (October 30, 2017) Council meeting.
The main questions raised by Council during the October 16 meeting were:
1. What is the history of Stop sign placement on Daniel Avenue and
Woodward Avenue?
2. Why are Stop signs not a good solution to calm vehicle speeds on Daniel
Avenue?
3. Why does it take time to address traffic calming concerns on Daniel
Avenue and other residential streets in the City?
4. How does City staff address traffic calming requests?
5. If not Stop signs, what other solutions may City staff recommend to calm
vehicle speeds and volume concerns on Daniel Avenue?
This report will attempt to answer these questions, resulting in City staff's
recommendation to Council.
P�7-1
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REPORT
What is the history of Stop sign placement on Daniel Avenue and Woodward
Avenue?
Stop signs were located in either direction of Daniel Avenue at Westminster
Court creating a Multi -Way Stop intersection up to approximately 10 years ago.
The reason for the removal of these signs is not clear but did coincide with the
construction of the section of Marlin Drive between Daniel Avenue and
Woodward Avenue.
Stop signs were added to both directions of Woodward Avenue at Ray Street and
Brentwood Crescent to create Multi -Way Stop intersections also approximately
10 years ago. A citizen concern about vehicle speeds on Woodward Avenue that
was brought to Council's attention (which is attached to this report) appeared to
have caused these signs to be erected.
These changes were implemented prior to Common Council's adoption of the
City's Traffic Calming Policy in 2012 that prohibits use of Stop signs to address
speeding issues. These changes were also implemented just prior to the tenure
of your current Traffic Engineer and therefore the full reasons for the changes
are not clear.
Why are Stop signs not a good solution to calm vehicle speeds on Daniel
Avenue?
The City's Traffic Calming Policy, adopted in 2012, prohibits use of Stop signs to
calm vehicle speeds. Staff made this recommendation based on industry best
practices and significant evidence.
The City's Traffic Engineer, like most road authorities in Canada, uses best
practices of the Transportation Association of Canada (TAC) and other
recognized agencies, to guide engineering judgement. One of TAC's best
practices, the Manual of Uniform Traffic Control Devices for Canada (MUTCDC),
specifically states "Stop signs should not be used indiscriminately. Stop signs are
not intended as speed control devices, and their usage should therefore be
limited to the control of right-of-way conflicts".
Stop signs are typically installed at an intersection only on the minor street side
(i.e. with lower traffic volumes). For example in the case of Daniel Avenue,
Wesminster Court would be considered the minor street and has the Stop sign.
Stop signs also installed on the major street (i.e. Daniel Avenue) to create a
Multi -Way Stop intersection are only warranted in specific circumstances, which
do not include speed management.
P4'tl
-3 -
Installation of Stop signs is relatively inexpensive so there can and are requests
to move immediately to their use for speed calming. This is the case in Saint
John and other juristications. Much research however supports the position of
TAC, the City and other juristictions in prohibiting use of unwarranted Stop signs
such as Mult-Way Stop signs for speed management:
• Motorists' compliance of unwarranted Stop signs can be poor because
they perceive the risk is low and their purpose not justified
• Speeds may not reduce with addition of unwarranted Multi -Way Stop
signs, and can increase away from the Stop sign, as motorists make up
lost time
• Multi -Way Stop signs create additional cost through additional travel
time, fuel consumption and vehicle emissions
• Pedestrian safety, particularly children, can be compromised when the
pedestrian relies on the motorist stopping at an unwarranted Stop sign
and the motorist does not respect it
• Installation of unwarranted Stop signs, that contravene best industry
practices, can create liability for the road authority
• Enforcement costs can be significant when calls are made to Police to
manage non-compliance of unwarranted Stop signs seen by residents
• Other traffic calming solutions are more effective at controlling speed
than Stop signs
A research paper is attached to this report that details referenced reasons why
unwarranted Stop signs are not a good solution.
Generally, staff will note that if there is a speeding problem on Daniel Avenue,
the goal would be to reduce speeds, not stop vehicles. Other solutions can cause
vehicles to slow down. Stop signs aim to go beyond solving the problem (fully
stopping rather than just slowing down), which can in turn create other issues.
Why does it take time to address traffic calming concerns on Daniel Avenue and
other residential streets in the City?
The number of requests City staff receives to address speeding and cut -through
traffic among other traffic safety concerns are significantly beyond the resources
available to address these concerns at the investigation and construction stages.
In a three-year span alone (2014 through 2016), over 66 traffic calming requests
to address speeding and/or cut -through traffic were received. Only a few
comprehensive traffic calming solutions are addressed annually, mainly through
the Safer School Zones Program that started in 2014. Projects at Prince Charles,
Bayside, Bayview, Forest Hills, Champlain Heights, Centennial, St. Rose/Barnhill
and Hazen White St. Francis schools have been completed. A project is currently
underway at the new Seaside Park Elementary School. A Safer School Zones
Project for M. Gerald Teed School (including for Daniel Avenue near the school)
is budgeted for 2018. In some cases traffic calming elements are implemented
as part of Capital projects and temporary solutions are implemented in other
PIR1.13
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locations but clearly the demand exceeds capacity meaning some citizen
concerns are left not addressed for some time.
As described later in this report, a series of comprehensive steps are used to
address traffic calming requests, which takes time and resources. Promoting the
safety of our citizens (as pedestrian, cyclists or motorists) is the reason why
City staff advocate for a comprehensive approach to traffic calming. There are
two main reasons to support this advice:
1. We need to be able to take care of the traffic safety infrastructure we
install. Each placed traffic signal, sign, painted crosswalk line, etc. needs
to be maintained after installation otherwise they will not perform as
designed when our citizens need to rely on them. Adding more
infrastructure than resources to maintain it can create unsafe situations.
For context, the addition of only two signs to address all traffic calming
concerns received in the past three years would result in 132 signs added
to our inventory to maintain. It is important to only address traffic
calming concerns that are supported through evidence and install
measures that effectively address these supported concerns.
2. Overuse of traffic control measures can diminish their importance.
Similar to the implications of over -using of Stop signs, it is well supported
in the traffic engineering industry that overuse of any traffic control
measure can diminish compliance with devices in situations that truly
need them. Again, this scenario can compromise safety of our citizens.
How does City staff address traffic calming requests?
The City's Safer School Zones Program, considered a companion program to the
Traffic Calming Policy, has been supported since 2014 and will continue until
2020 or 2021 should current resources remain budgeted. The completed
program will address traffic calming around approximately 17 elementary and
middle schools in the City. Solutions are adopted using best practices and
consultation with representatives of each school. Typical solutions include
installation of at least one crosswalk with signals, speed limit reduction in the
school zone during school times and driver feedback signs that increase
compliance with the reduced speed limt. Other location -based solutions such as
introduction of speed humps or parking management have been introduced.
The overall Traffic Calming Policy of the City (also attached to this report) is
meant to be used for areas outside the scope of the Safer School Zones Program.
The Policy has a defined set of processes to ensure effective solutions address
problems in a financially sustainable and evidence -based way. The process starts
with a complaint about speeding or high traffic volumes documented through a
work request. Staff then conduct an in -field survey to measure the speed and
volume on the street. Requests are only moved to the next step if there is
evidence of speeding and/or high volumes as not all concerns are substantiated
with data. Warranted plans are then prioritized using a number of weighting
f8M]
-5 -
factors such as alignment with PlanSJ, sight line issues, lack of pedestrian
facilities, proximity of facilities that would increase presence of both children
and pedestrians generally, etc. The timing of highest priority plans are
referenced for alignment with Neighbourhoods Plans or Capital Programs. An
initial set of solutions of the Plan are developed that addresses the documented
speeding and/or volume issues using industry best practices and engineering
judgement. Consultations with Emergency Services, Saint John Transit and the
neighbourhood are then completed to refine the Plan. The Plan components are
then implemented as part of the Operating and/or Capital budget depending on
scale of the solutions needed. The performance is then measured against the
original speed and volume data.
In some cases staff undertake timely steps to address substantiated issues. As
an example, if staff finds a trend of speeding that is occurring during a specific
time during the day then Police's Traffic Sargent is notified for some targeted
enforcement.
If not Stop signs, what other solutions may City staff recommend to calm vehicle
speeds and volume concerns on Daniel Avenue?
Staff understands the citizens on Daniel Avenue are concerned with both cut -
through traffic from other collector streets such as Woodward Avenue and
speeding on Daniel Avenue. Staff would plan to first conduct a field survey in
November 2017 to quantify if one or both these issues exist outside the school
area of M.Gerald Teed.
Should vehicle volumes be greater than warranted for a residential street (1000
vehicles/per as per the Policy), staff would likely conduct an additional survey of
vehicles that travel through both ends of Daniel Avenue to identify how many
are cutting through instead of using Woodward Avenue. Solutions to address
this cut -through traffic may include measures to improve flow on adjacent
collector or arterial streets such as removing the Multi -Way Stop signs on
Woodward Avenue and/or improving operation of the traffic signals at the
Woodward/Millidge Avenue intersection.
Should the speed of traffic be an issue as per the evidence -based warrant in the
Policy, traffic calming solutions on Daniel Avenue outside the school zone may
be investigated such as introduction of speed humps, assessment to identify if a
lower speed limit is warranted, etc. Staff would identify if any trends in the
speed data are found and advise Police for targeted enforcement in 2017. Traffic
calming measures envisioned for the school zone include a signalized pedestrian
crossing near the school, a lowered speed limit during school times (likely to 30
KM/H), driver speed feedback signs and possibly speed humps, education to
school children and their parents. Staff may also work to promote Police's ability
to issue doubled fines for speeding in School Zones through our Communications
Department to help support speed limit compliance.
K091
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Staff also note that measures implemented for the Safer School Zones project
alone in the school area, such as a reduced speed limit, are expected to reduce
cut -through traffic along the length of Daniel Avenue to some degree. In fact,
staff may assess effectiveness ahead of implementing other volume -mitigating
All potential solutions for Daniel Avenue are suggestions only at this point and
have not been fully assessed by City staff. Consultations, including with M.
Gerald Teed, have not yet been completed. However, staff respects the fact
Council and the concerned citizens wanted to see some concrete examples of
ideas in a timely manner.
STRATEGIC ALIGNMENT
The staff advice and recommendations in this report aligns with Council's
priorities of exploring sustainable service improvements in a financially
responsible way that improves safety to citizens.
SERVICE AND FINANCIAL OUTCOMES
Contigent on approval of the 2018 General Fund Operating budget, resources
would be in place to implement most of an overall traffic calming plan for Daniel
Avenue.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
N/A
ATTACHMENTS
2007 letter from a concern citizen presented to Common Council
Research paper titled "Multi -way Stops — The Research Shows the MUTCD is
Correct"
2012 City of Saint John Traffic Calming Policy
Pk-ql
Iquiti-w
1 Stops The Research Shows
Correct'.
W. Martin Bretherton Jr., P.E.(M)
Abstract
This paper reviewed over 70 technical papers covering all -way stops (or multi -way stops)
and their success andfailure as traffic control devices in residential areas. This study is
the most comprehensive found on multi -way stop signs
The study looked at how multi -way stop signs have been used as traffic calming measures
to control speed There have been 23 hypotheses studied using multi" -way stop as speed
control. The research found an additional 9 hypotheses studied showing the effect multi
way stops have on other traff is engineering problems.
The research found that, overwhelmingly, multi -way stop signs do NOT control speed
except under very limited conditions. The research shows that the concerns about
unwarranted stop signs are well founded
Intrnrinetinn
Many elected officials, citizens and some traffic engineering professionals feel that multi_
way stop signs should be used as traffic calming devices„ Many tunes unwarranted stop
signs are installed to control traffic. The Manual on Uniform Traffic Control Devices
(MUTCI )(16) describes warrants for installing multi -way stop signs. However, it does
not describe many of the problems caused by the installation of unwarranted stop signs.
These problems include concerns like liability issues, traffic noise, automobile pollution,
traffic enforcement and driver behavior.
This paper is a result of searching over 70 technical papers about multi -way stop signs.
The study concentrated on their use as traffic calming devices and their relative
effectiveness in controlling speeds in residential neighborhoods. The references found 23
hypotheses on their relative effectiveness as traffic calming devices. One study analyzed
the economic cost of installing a multi -way stop at an intersection. The reference search
also found 9 hypotheses about traffic operations on residential streets..
The literature search found 85 papers on the subject of multi -way steps. There are
probably many more references available on this very popular subject, The seventy-one
references are shown in Appendix A, There was a problem finding the 14 papers found in
NIM
literature searches. The 14 papers are listed in Appendix B for information only. Most of
the papers were from old sources and are probably out of print,
Multi-Wav Ston Signs as Sneed Control Devices
A summary of the articles found the following information about the effectiveness of
multi -way stop signs and other solutions to controlling speeds in residential
neighborhoods.
1. Multi -way stops do not control speeds. Twenty-two papers were cited for these
findings. ( Reference 1, 2, 7, 8, 10, 12, 13, 14, 15, 16, 17, 19, 20, 39, 45, 46, 51, 55, 62, 63, 64, 66 and
70).
2. Stop compliance is poor at unwarranted multi -way stop signs. Unwarranted stop signs
means they do not meet the warrants of the MUTCD. This is based on the drivers feeling
that the signs have no traffic control purpose. There is little reason to yield the right -of -
way because there are usually no vehicles on the minor street. Nineteen references found
this to be their finding. ( Reference 7, 8, 10, 12, 13, 14, 15, 17, 19, 20, 39, 45, 46, 51, 55, 61, 62, 63
and 64 ).
3. Before -After studies show multi -way stop signs do not reduce speeds on residential
streets. Nineteen references found this to be their finding. (Reference 19 (1 study), 55 (5
studies), 60 (8 studies) and 64(5 studies)).
4. Unwarranted multi -way stops increased speed some distance from intersections. The
studies hypothesizing that motorists are making up the time they lost at the "unnecessary"
stop sign. Fifteen references found this to be their finding.( Reference 1, 2, 7, 8, 10, 13, 14, 17,
19, 20,39, 45,46, 51, 55, 70 and 71).
5. Multi -way stop signs have high operating costs based on vehicle operating costs,
vehicular travel times, fuel consumption and increased vehicle emissions. Fifteen
references found this to be their finding. (Reference 3, 4, 7, 8, 10, 14, 15, 17, 45, 55 61, 62, 63, 67
and 68).
6. Safety of pedestrians is decreased at unwarranted multi -way stops, especially small
children. It seems that pedestrians expect vehicles to stop at the stop signs but many
vehicles have gotten in the habit of running the "unnecessary" stop sign. Thirteen
references found this to be their finding. (References 7, 8, 10, 13, 14, 15, 17, 19, 20, 45, 51, 55 and
63).
7. Citizens feel "safer" in communities "positively controlled" by stop signs. Positively
controlled is meant to infer that the streets are controlled by unwarranted stop signs.
Homeowners on the residential collector feel safer on a'calmed' street. Seven references
found this to be their finding. (Reference 6, 14, 18, 20, 51, 58 and 66).
Hypothesis twelve (below) lists five references that dispute the results of these studies.
S. 'Speeding problems on residential streets are associated with" through" traffic.
Frequently homeowners feel the problem is created by 'outsiders'. Many times the
problem is the person complaining or their neighbor. Five references found this to be
their finding, (References 2, 15, 45, 51 and 55).
9. Unwarranted multi -way stops may present potential liability problems for
undocumented exceptions to accepted warrants. Local jurisdictions feel they may be
incurring higher liability exposure by "violating' the MUTCD. Many times the
unwarranted stop signs are installed without a warrant study or some documentation.
Cited by six references. (Reference 7, 9, 19, 46, 62 and 65)..
10. Stop signs increase noise in the vicinity of an intersection. The noise is created by the
vehicle braking noise at the intersection and the cars accelerating up to speed. The noise
is created by the engine exhaust, brake, tire and aerodynamic noises. Cited by five
references, (Reference 14, 17, 20, 45, 55),
11. Cost of installing multi -way stops are low but enforcement costs are prohibitive,
many communities do not have the resources to effectively enforce compliance with the
stop signs. Five references found this to be their finding. (Reference 1, 10, 45, 51, 55 ).
12. Stop signs do not significantly change safety of intersection. Stop signs are installed
with the hope they will make the intersection and neighborhood safer. Cited by five
references. (Reference 55, 60, 61, 62, 63).
Hypothesis seven (above) lists seven references that dispute the results of these studies.
13. Unwarranted multi -way stops have been successfully removed with public support
and result in unproved compliance at justified stop signs. Cited by three references.
(Reference 8, 10, 12).
14. Unwarranted multi -way stops reduce accidents in cities with intersection sight
distance problems and at intersections with parked cars that restrict sight distance. The
stop signs are unwarranted based on volume and may not quite meet the accident
threshold. Cited by three references, (Reference 6, 18, 68).
15. Citizens feel stop signs should be installed at locations based on traffic engineering
studies. Some homeowners realize the importance of instal I ing 'needed' stop signs. Cited
by two references. (References 56, 57 ).
16. Multi -way stops can reduce cut -through traffic volume if many intersections along
the road are controlled by stop signs. If enough stop signs are installed on a residential or
collector street motorists may go another way because of the inconvenience of having to
start and stop at so many intersections. This includes the many drivers that will not stop
but slowly 'cruise' through the stop signs. This driving behavior has been nicknamed the
'California cruise'. Cited by two references. (Reference 14, 61).
NOElI
17. Placement of unwarranted stop signs in violation of Georgia State Law 32-6-50 (a)
(b) (c). This study was conducted using Georgia law. Georgia law requires local
governments to install all traffic controls devices in accordance with the MUTCD. This is
probably similar to traffic signing laws in other states. Cited by two references. (Reference
19,62).
18. Special police enforcement of multi -way stop signs has limited effectiveness. This
has been called the 'hallo' effect. Drivers will obey the 'unreasonable' laws as long as a
policemen is visible. Cited by two references, (Reference 39,46).
19. District judge orders removal of stop signs not installed in compliance with city
ordinance. Judges have ordered the removal of 'unnecessary" stop signs. The problem
begins when the traffic engineer and/or elected officials are asked to consider their
intersection a 'special case'. This creates a precedent and results in a proliferation of
'special case' all -way stop signs. Cited by two references. (Reference 59, 62)"
20. Some jurisdictions have created warrants for multi -way stops that are easier to meet
than MUTCD.The jurisdiction feel that the MUTCD warrants are too difficult to meet in
residential areas. The reduced warrants are usually created to please elected officials.
Cited by two references. (Reference 61 and 70).
21. Citizens perceive stop signs are effective as speed control devices because traffic
"slows" at stop sign. If everybody obeyed the traffic laws, stop signs would reduce speeds
on residential streets. Cited by one reference. (Reference 55).
22. Removal of multi -way stop signs does not change speeds but they are slightly lower
without the stop signs. This study findings support the drivers behavior referenced in item
44, speed increases when unwarranted stop signs are installed. Speed decreases when the
stop signs were removed! Cited by one reference, (Reference 64).
23. Multi -way stops degrade air quality and increase CO, HC, and Nox. All the starting
and stopping at the intersection is bad for air quality. Cited by one reference. (Reference
68).
Speed Control Issues
24. There area many ways to "calm" traffic. Cited by twenty-two references. (Reference 1,
14, 20, 32, 33, 34, 35, 36, 37, 38, 40,41,42, 44, 45, 46, 47, 48, 50, 51, 53 and 66).
They include:
(a) Traffic Chokers (f) Sidewalks and Other Pedestrian Solutions
(b) Traffic Diverters (g) Neighborhood Street Design
PURI
(c) Speed Humps (h) On -Street Parking
(d) Roundabouts (i) One Way Streets
(e) Neighborhood Speed Watch 0) Street Narrowing
25. Wither possible solutions to residential speed. Most speeding is by residents -
Neighborhood Speed Watch Programs may work. This program works by using the
principle of 'peer'pressure. Cited by seven references. (Reference 2, 30, 31, 36, 42, 48 and 53).
26. Reduced speed limits are not effective at slowing traffic. Motorists do not drive by
the number on the signs, they travel a safe speed based on the geometries of the roadway.
Cited by five references. (Reference 1, 20, 39, 46 and 69).
7. focal streets should be designed to discourage excessive speeds. The most effective
way to slow down traffic on residential streets is to design them for slow speeds. Cited by
two references. (Reference 43, 52)•
28. 'Speeding on residential streets is a seasonal problem. This is a myth. The problem of
speeding is not seasonal, it's just that homeowners only see the problem in 'pleasant'
weather. That's the time they spend in there front yard or walking the neighborhood.
Cited by one reference. (Reference 2).
29. Speed variance and accident frequency are directly related. The safest speed for a
road is the speed that most of the drivers feel safest driving. This speed creates the lowest
variance and the safest road. Cited by one reference. (Reference 47).
30. The accident involvement rate is lowest at the 85th percentile speed. The 85th
percentile speed is the speed that most drivers feel comfortable driving. The lowest
variance is usually from the 85th percentile speed and the 10 mph less. Cited by one
reference. (Reference 47).
31. Psycho -perceptive transverse pavement markings are not effective at reducing the
85th percentile speed but do reduce the highest speed percentile by 5 MPH. Cited by one
reference. (Reference 47).
32. The safest residential streets would be short (0.20 miles) non -continuous streets that
are 26 to 30 feet from curb to curb width. The short streets make it difficult of drivers to
get up to speed. Cited by one reference. (Reference 52).
Economics of Multi -Way Stop Signs
Studies have found that installing unwarranted stop signs increases operating costs for the
traveling public. The operating costs involve vehicle operating costs, costs for increased
PUT -1
delay and travel time, cost to enforce signs, and costs for fines and increases in insurance
premiums.
The total costs are as follows (Reference 55):
Operating Costs (1990) $ 111,737/year
($.114291 /Stop)
Delay & Travel Costs (1990 $ 88,556 /year
($.03401/Stop)
Enforcement Costs (1990) $ 837/year
Cost of Fines (19 per year) $ 1,045/year
Cost of 2 stop signs (1990) $ 280
Costs of increased insurance (1990) 7,606/year
Total (19911) $210,061/year/intersection
The cost to install two stops signs is $2.80. The cost to the traveling public is $210,061
(1990) per year in operating costs. This cost is based on about 8,000 vehicles entering the
intersection per day.
Another study (62) found that the average annual road user cost increased by $2,402.92
(1988 cost) per intersection when converting from two to four wary stop signs for low
volume intersections.
Summary of Stop Signs as Speed Control Devices
Researchers found that multi -way stop signs do not control speed. In analyzing the 23
hypotheses for multi -way stop signs, rive were favorable and 18 were unfavorable toward
installing unwarranted all -way stop signs. The Chicago study (6) was the only research
paper that showed factual support for "unwarranted" multi -way stop signs. They were
found to be effective at reducing accidents at intersections that have sight distance
problems and on -street parking.
It is interesting to note that residential speeding problems and multi -way stop sign
requests date back to 1930 (63). The profession still has not "solved" this perception
problem.
KIM
Summary of Economic Analysis
Benefits to control speeds by installing multi -way stop signs are perceived rather than
actual and the costs for the driving public are far greater than any benefits derived from
the installation of the multi -way stop signs.
W. Martin Bretherton Jr., P.E.
Chief Engineer, Traffic Studies Section
Gwinnett County Department of Transportation
75 Langley Drive
Lawrenceville, Georgia 3111145
770-822-7412
brethema@co.gwinnett.ga.us
Appendix A.
References used in Research of Multi -Way Stop Signs
1. Jerald L. Ullman, "Neighborhood Speed Control - U.S. Practices", ITE Compendium
of Technical Papers, 1996, pages 1 I 1 115.
2. Richard F. Beaubein, "Controlling Speeds on residential Streets", ITE Journal, April
1989, pages 37-39.
3. "4 Way Stop Signs Cut Accident Rate 58%® at Rural Intersections", ITE Journal,
November 1984,.pages 23-24.
4. Michael Kyte & Joseph Marek, "Collecting Traffic Data at All -Way Stop Controlled
Intersections" ITE Journal, April 1989, pages 33-36.
5. Chan, Flynn & Stocker, "Volume Delay Relationship at Four Way Stop Controlled
Intersections; A Response Surface Model", ITE Journal, March 1989, pages 27-34.
K1.1.13
6. La Plante and Kripidlowkdki, "Stop Sign Warrants: Time for Change", ITE Journal,
October 1992, pages 25-29.
7. Patricia E. Noyes, ".Responding to Citizen Requests for Multi Way Stops", ITE
Journal, January 1994, pages 4348..
8. Chadda and Carter, "Multi -Way Stop Signs - Have We Gone Too Far'?", ITE Journal,
May 1983, pages 19-21.
9. Gary Moore, "Gwinnett County Legal Opinions on Unwarranted Multi -Way Stops",
March 6,1990.
10. Chadda and Carter, " The Changing Role of Multi -Way Stop Control", ITE
Compendium of Technical Payers, 1983, pages 4-31 to 4-34.
11. Lovell and Haver, "The Safety Effect of Conversion to All -Way Stop Control",
Transportation Research Record 1068, pages 103-1017.
12. "Indiana Suggests Ways to Halt Stop Sign Misuse", 1"ransafet Re orter, February
1989,.page 7.
M3
14. "State of the Art. Residential Traffic Management", US DOT, FHWA/RD-80/092,
December 1980, pages 63-65, 22-23,.
15. Dick Williams, "A New Direction for Traffic Dispute", Atlanta Journal, January 14,
1988, Section E, page 1.
16. "Warrants for Multi -Way Stop Signs" (213-6), Manual on Uniforrn. Traffic Control
Devices, US DOT, FHWA, pages 213-3 to 213-4..
17. "Stop and Yield Sign Control", Traffic Control Devices Handbook, US DOT, FHWA,
1983, pages 2-14 to 2-16.
18, La Pante & Kropidlowdki, "Stop Sign Warrants", Presented at ITE Conference, San
Diego, CA, September 18, 1989.
19. Walt Rekuc, "Traffic Engineering Study of Multi -Way Stop Signs", City of Roswell,
February 15, 1988.
20. Homburger, etal, Residential Street Design and Traffic Control, ITE, Washington,
DC, 1989.
K-16.1
21. Speed Zone Guidelines, ITE, Washington, DC, 1993.
22. A,Policy,.on Geometric Design of Highways and Streets, AASHTO, Washington, DC,
1994.
23, A.J. Ballard, "Efforts to Control Speeds on Residential Collector Streets", ITE
Compendium of Technical Papers, 1990, pages 445-448.
24, C.E. Walter, "Suburban Residential Traffic Calming", ITE Compendium of Technical
Papers, 1994, pages 445-448.
25. K.L. Gonzalez, " Neighborhood Traffic Control: Bellevue's Approach", ITE Journal,
Vol. 43, No,5, May 1993, pages 43-45.
26, Brian Kanely & B.E. Ferris, "Traffic Diverter's for Residential Traffic Control - The
Gainesville Experience", ITE Compendium of Technical, Papers, 1985, pages 72-76,
27. Marshall Elizer, "Guidelines for the Design and Application of Speed Humps", ITE
Compendium of Technical Papers, 1993, pages I I -15.
28. T. Mazella & D. Godfrey, "Building and Testing a Customer Responsive
Neighborhood Traffic Control Program", ITE Compendium of Technical Papers, 1995,
pages 75-79,
29. W.M. Bretherton and J.E, Womble, "Neighborhood Traffic Management Program",
ITE Compendium of Technical Papers, 1992, pages 398-401.
30. J.E. Womble, "Neighborhood Speed Watch: Another Weapon in the Residential
Speed
Control Arsenal", ITE Journal, Vol. 60, No. 2, February 1990, pages 1- 17,
31. Michael Wallwork, "Traffic Calming", The Genesis Group, unpublished,
32. Doug Lemov, "Calming Traffic", Governing, August 1.996, pages 25-27,
33. Michael Wallwork, "Traffic Calming", The Traffic Safety Toolbox, ITE, Washington,
DC, 1993, pages 234-245.
34. Ransford S. McCourt, Neighborhood Traffic Management Survey, ITE District 6,
Technical Chair, unpublished, June 3, 1996,
35, Halbert, etal, "Implementation of Residential Traffic Control Program in the City of
San Diego", District 6 Meeting, July 1993,
NO]
36. Anton Dahlerbrush, "Speed Humps & Implementation and Impact on Residential
Traffic Control", City of Beverly Hills, California, District 6 Meeting, July 1993.
37. Firoz Vohra, "Modesto Speed Hump Experience", District 6, ITE Meeting, July 1993.
38. Patricia Noyes, "Evaluation of Traditional Speed Reduction in Residential Area",
District 6 ITE Meeting, July 1993.
39. Cynthia L. Hoyle, Traffic Calming, American Planning Association, Report No 456,
July 1995.
40. Sam Yager, Use of Roundabouts, ITE Technical Council Committee, 513- 17,
Washington, DC, February 1992.
41. Guidelines for Residential Subdivision Street Design, ITE, Washington, DC, 1993,
42. Residential Streets, 2nd Edition, ASCE, NAHB & ULI, 1990,
43. Traffic Calming, Citizens Advocating Responsible Transportation, Australia, 1989.
44, Traffic Calming in Practice, Department of Transport, eta], London, November 1994.
45. Todd Long, "The Use of Traffic Control Measures in the Prevention of Through
Traffic Movement on Residential Streets", unpublished, Masters Thesis, Georgia Tech,
September 1990.
46. Patricia Noyes, "Evaluation of Traditional Speed Reduction Efforts in Residential
Areas", ITE Compendium of Technical Papers, District 6 Meeting, 1993, pages 61-66.
47. G.E. Frangos, "Howard County's Speed Control in Residential Areas Utilizing
Psycho -perceptive Traffic Controls", ITE Compendium of'rechnical Papers, 1985, pages
87-92,
48. Halbert, etal, "Implementation of Residential Traffic Control Program in the City of
San Diego", ITE Compendium of Technical Papers, District 6, 1993, pages 23-60.
49. Radwan & Sinha, "Gap Acceptance and Delay at Stop Controlled Intersections on
Multi -Lane Divided Highways", ITE Journal, March 1980, page 38.
50. Borstel, "Traffic Circles : Seattle's Experience", ITE Compendium of Technical
Pgper ,
1985, page 77.
271
51. D. Meier, "The Policy Adopted in Arlington County, VA, for Solving Real and
Perceived Speeding Problems on Residential Streets", ITE Compendium of Technical
Papers, 1985,.page 97.
52, Jeff Clark, "High Speeds and Volumes on Residential Streets: An Analysis of
Physical Characteristics as Causes in Sacramento, California", ITE Compendium of
Technical Papers, 1985, page 93.
53. Wiersig & Van Winkle, "Neighborhood Traffic Management in the Dallas/Fort
Worth Area", ITE Compendium of Technical Papers, 1985, page 82.
54, Improving Residential Street Environments, FHWA RD -81-031, 1981.
55, Carl R. Dawson, Jr., "Effectiveness of Stop Signs When Installed to Control Speeds
Along Residential Streets", Proceedings from, Southern District. ITE Meeting, Richmond,
Virginia, April 17, 1993.
56. Arthur R. Theil, "Let Eaton Rouge's Traffic Engineers Decide Whether Signs Are
Needed", State Times, LA, August 30, 1983,
57. Gary James, "Merits Being Totally Ignored in This Instance", Morning Advocate,.
Baton Rouge, LA, July 30,1983,
58, James Thomason, "Traffic Signs Allow Crossing"Morning Advocate, Baton Rouge,
LA, July 30, 1183.
59. "City -Parish Must Move Stop Signs", Morning Advocate, Baton Rouge, LA, 1983.
60. Synthesis of Safety Research Related to Traffic Control and Roadway Elements, Vol.
2, FHA Washington, D. C., 19982.
61. E.H. Cottrell, Jr.,"Using All -Way Stop Control for Residential Traffic Management",
Report No. FHWA VTRC 96-R17, Virginia Transportation Research Council,
Charlottesville, Virginia, January, 1996.
62. Eck & Diega, "Field Evaluation at Multi -Way Versus Four -Way Stop Sign Control at
Low Volume Intersections in Residential Areas", Transportation Research Record 1160,
Washington, DC, 1988, pages 7-13.
63. Hanson, "Are There Too Many Four -Way Stops?", Traffic Engineering, November
1957, pages 20-22, 42,
64. Beaubien, "Stop Signs for Speed Control", ITE Journal, November 1976, pages 26-
28.
NO
65. Antwerp and Miller, "Control of Traffic in Residential Neighborhoods
SomeConsiderations for Implementation", Transportation 10, 1981, pages 35-49.
66. Lipinski, "Neighborhood Traffic Controls", Transportation Engineering Journal, May
1979, pages 213-221.
67. Richardson,"A belay Model for Multi -Way Stop Sign Intersections",
TTransportationResearch Record 1112, Washington, IAC, 1987, pages 107-11.4.
68. Eriglin, "An Evaluation of ]Four -Way Stop Sign Control", ITE Journal, August 1982,.
pages 16-19.
69. Ullman and Dudek, "Effects of Reduced Speed Limits in Rapidly Developing Urban
Fringe Areas", Transportation Research Record 1114, 1989, pages 45-53.
70. Robert Rees, "All -Way STOP Signs Installation Criteria", Westernite, Jan -Feb 1999,
Vol 53, No. 1, pg 1-4.
71. Wes Siporski, "Stop Sign Compliance", posting on Traffic Engineering Council List
Serve, Jan 15, 1999,
Appendix B
Additional References for Multi -Way Stop Signs
Not included in Analysis - Reports not available
1. Improving Traffic Signal Operations, ITE Report 1R-081, August 1995.
2. Kunde, " Unwarranted Stop Signs in Cities", ITE Technical Notes, July 1982, page 1.2.
3. "In search of Effective Speed Control", ITE Technical Notes, December 1980, pages
12-16.
4. "Stop Signs Ido Not Control Speed", ITE Technical Notes, July 1978, pages 6-7.
5. "An Evaluation of Unwarranted Stop Signs", ITE San :Francisco Bay Area, February
1979.
6. "Cost of Unnecessary Stops", Auto Club of Missouri, Midwest Motorists, 1974.
7. Nitzel, Schatter & Mink, "Residential Traffic Control Policies and Measures", ITE
PArK
Compendium of Technical Papers, 1988.
8. Weike and Keim, "Residential Traffic Controls", ITE Compendium of Technical
Papers, Washington DC, August 1976.
9. Landom and Buller, "The Effects on Road Noise in Residential Areas", Watford,
United Kingdom, October 1977,
10. Wells and Joyner, "Neighborhood Automobile Restraints", Transportation Research
Record 813, 1981.
11, Byrd and Stafford, "Analysis of Delay and User Costs of Unwarranted Four Way
Stop Sign Controlled Intersections", TRR 956, Washington, DC, 1984, pages 30-32.
12. Marconi, "Speed Control Measures in Residential Areas", Traffic Engineering, Vol.
47, No. 3, March 1977, pages 28-30.
13. Mounce, "Driver's Compliance with Stop Sign Control at Low Volume Intersections",
TRR 808, TR13, Washington, DC, 1981, pages 30-37.
14. Orlob, "Traffic Diversion for Better Neighborhoods", Traffic Engineering, ITE, Vol.
45, No. 7, July 1975, pages 22-25.
KFAM
pXNal
PIM -1
CITY OFSAINTJOHN - TRAFFIC CALMING POLICY April 2012
"Pedestrians, Cyclists, and Motorists Sharing Street Spaces"
CONTENTS
INTRODUCTION............................................................................................................................................. 3
POLICYGOAL.................................................................................................................................................
3
POLICY OBJECTIVES.......................................................................................................................................3
GUIDING PRINCIPLE......................................................................................................................................4
TRAFFIC CALMING PLAN IMPLEMENTATION PROCESS................................................................................4
FULFILL COMMUNITY'S EXPECTATION OF A BALANCED USE OF CITY STREETS...........................................5
FOLLOW TRAFFIC CALMING POLICY.............................................................................................................5
IMPLEMENT PROACTIVE TRANSPORTATION PLANNING..............................................................................5
TRIGGER OPPORTUNITY FOR POTENTIAL TRAFFIC CALMING PLAN.............................................................5
MEASURE TRAFFIC SPEED AND/OR VOLUME...............................................................................................5
PRIORITIZE TRAFFIC CALMING PLAN.............................................................................................................6
IDENTIFYTIMING OF PLAN DEVELOPMENT..................................................................................................7
DEVELOP TRAFFIC CALMING MEASURES......................................................................................................8
SEEK INPUT FROM EMERGENCY AND TRANSIT SERVICES..........................................................................
12
CONDUCT NEIGHBOURHOOD MEETING.....................................................................................................
12
REFINE PLAN WITH NEIGHBOURHOOD INPUT...........................................................................................13
COMMON COUNCIL CONSIDERS APPROVAL OF PLAN WHERE REQUIRED ................................................
13
IMPLEMENTPLAN.......................................................................................................................................
13
MEASURE PERFORMANCE OF PLAN...........................................................................................................
13
UPDATE TRAFFIC CALMING POLICY............................................................................................................
14
Page 2 of 14
PIMA
CITY OFSAINTJOHN - TRAFFIC CALMING POLICY April 2012
"Pedestrians, Cyclists, and Motorists Sharing Street Spaces"
INTRODUCTION
Neighbourhood streets attempt to serve two roles. Firstly, these are used to move vehicle traffic to and
from homes. Some streets are designated as Arterial or Collector streets and are meant to move larger
volumes of vehicle traffic, sometimes at the expense of separating a neighbourhood. Other streets
designated as Local carry fewer vehicles. Secondly, many streets are integral parts of a neighbourhood,
used by children and families for cycling, walking and other community activities. Although these two
street functions can sometimes conflict, ultimately both must be satisfied. To this end, special steps may
sometimes need to be taken to regain an appropriate balance through an overall City of Saint John
Traffic Calming Policy and a specific Traffic Calming Plan for a neighbourhood.
Traffic Calming, as defined by the Institute of Transportation Engineers, is "the combination of mainly
physical measures that reduce the negative effects of motor vehicle use, alter driver behavior and
improve conditions for non -motorized street users."
POLICY GOAL
The goal of this Traffic Calming Policy is to reduce vehicular traffic speed on City streets to within the
posted speed limit and/or reduce vehicle traffic volume on a Local street to 1000 vehicles per day or less
to improve community and road users' safety.
POLICY OBJECTIVES
The goal of this Traffic Calming Policy is supported with the following objectives:
1. Consider a Traffic Calming Plan when there is measured evidence of excessive vehicle speed,
traffic volumes higher than levels typically acceptable for a neighbourhood street, or in
combination with potential conflict between pedestrians and motorists.
2. Prioritize implementation of Traffic Calming Plans via criteria identified herein by recognizing
that demand for such plans could exceed available resources,
3. Coordinate implementation of Traffic Calming Plans in conjunction with the Neighbourhood
Planning process established in PlanSJ or pre -planned Capital projects where possible,
4. Ensure input on a Traffic Calming Plan is received from the neighbourhood as a whole,
5. Obtain input on a Traffic Calming Plan from Saint John Transit and the three Emergency
Services,
6. Use sound engineering judgment and industry best practices, such as the Transportation
Association of Canada's "Canadian Guide to Neighbourhood Traffic Calming" (TAC's Guide) in
developing Traffic Calming Measures (described later in document) to be included as part of an
overall Plan,
Page 3 of 14
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CITY OFSAINTJOHN - TRAFFIC CALMING POLICY
"Pedestrians, Cyclists, and Motorists Sharing Street Spaces"
April 2012
7. Install Multi -Way Stop intersections where there are collision problems or traffic flow
improvement opportunities and where the installation of the multi -way stop is warranted
based on sound engineering criteria and judgment but not as a solution to a traffic speed
problem, and
8. Evaluate the performance of implemented Traffic Calming measures to continuously improve
the Policy and future Plans.
GUIDING PRINCIPLE
All neighbourhoods that request Traffic Calming Plans shall be treated fairly, equitably and transparently
through a consistently applied Traffic Calming Policy.
TRAFFIC CALMING PLAN IMPLEMENTATION PROCESS
Each Traffic Calming Plan will follow the same process:
N,
Room
NN'tom
1 ��..
IIID d.;,p�
The remainder of this Policy document describes each step in this process.
Page 4 of 14
PX�%7
CITY OFSAINTJOHN - TRAFFIC CALMING POLICY April 2012
"Pedestrians, Cyclists, and Motorists Sharing Street Spaces"
FULFILL COMMUNITY'S EXPECTATION OF A BALANCED USE OF CITY STREETS
Through this Policy and the investigation and development of each Traffic Calming Plan, the
community's expectation and understanding of a balanced use of City streets is respected.
FOLLOW TRAFFIC CALMING POLICY
As such, when there is a concern of higher than desirable vehicle traffic speed or volume on a street, or
a concern about potential conflict between pedestrians and motorists, this Traffic Calming Policy
provides a consistent and equitable avenue to investigate such a concern and mitigate it if required.
IMPLEMENT PROACTIVE TRANSPORTATION PLANNING
The most effective means of Traffic Calming is a proactive approach when a residential or other
development is in its initial planning stages. Potential vehicle traffic speed or volume issues can be
prevented before subdivisions and neighbourhoods are constructed through effective planning and
design. A Municipal Plan that identifies the strong inter -relationship between land development and the
transportation network is key in this regard. To that end:
It is vital and considered policy that potential vehicle traffic speed or volume issues are considered
and mitigated during the planning stage of a residential or other development.
TRIGGER OPPORTUNITY FOR POTENTIAL TRAFFIC CALMING PLAN
At times, proactive land development planning cannot go far enough, resulting in a potential need for a
Traffic Calming Plan. An opportunity for such a Plan can be triggered in one of four ways, with each
opportunity documented in the City's Work Request system:
1. Request from citizen(s) of a neighbourhood,
2. Inclusion within an overall Neighbourhood Plan resulting from the City's Municipal Plan (PlanSJ),
3. Inclusion within a planned Capital project, or
4. Request from the Saint John Police Force.
MEASURE TRAFFIC SPEED AND/OR VOLUME
Regardless of the means by which a potential Traffic Calming Plan is triggered, measured evidence of
high speed and/or volume is required to justify the investment of resources required to develop and
implement a Traffic Calming Plan. Streets are designed to carry an appropriate volume of vehicle traffic
and those vehicles are permitted to drive up to (but not over) the posted speed limit. Investing
resources where there is no measured problem impedes finding solutions where real problems exist.
Page 5 of 14
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CITY OFSAINTJOHN - TRAFFIC CALMING POLICY April 2012
"Pedestrians, Cyclists, and Motorists Sharing Street Spaces"
A traffic survey, using specialized equipment to measure speed and/or volume of the vehicle traffic,
shall be completed on behalf of the Traffic Engineer. The results of this survey shall be analyzed and one
of the three following criteria must be satisfied:
Where the neighbourhood is concerned about the speed of vehicle traffic, the average speed of
vehicles must be equal to or greater than 2 KM/H below the current or appropriate I posted speed
limit for the Plan to be considered further.
Where the neighbourhood is concerned about the volume of vehicle traffic on a Local street, there
must be more than an average of 1000 vehicles per day counted over the length of the traffic
survey for the Plan to be considered further. Traffic Calming Plans will not be considered on
Collector or Arterial streets when the concern is vehicle traffic volume as such streets are expected
to service higher volumes, including through traffic.
Where the neighbourhood is concerned about conflicts between vehicles and pedestrians, there
must be no sidewalks on the street, the street must be classified as Local and either (1) the
average speed of vehicles must be equal to or greater than 5 KM/H below the current or
appropriate posted speed or (2) there must be more than an average of 500 vehicles per day
counted over the length of the traffic survey for the Plan to be considered further.
The requesting citizen, Planning Staff (in the case of a Neighbourhood Plan), Capital project coordinator
or Police Force (depending upon the means by which the potential opportunity was triggered) shall be
notified of the results of the survey and whether the results indicate the Plan would continue to the next
phase in this process based on the above criteria.
PRIORITIZE TRAFFIC CALMING PLAN
The number of Traffic Calming Plans that are warranted to reduce higher than desirable vehicle traffic
speed and/or volume is often greater than the number that can be designed and implemented within
one year based on existing resources. Criteria are to be used to prioritize each Plan so that the most
critical Plans get implemented first. The criteria and point system on the following page are used to
weigh and prioritize the list of outstanding Plans:
1 As determined by the Traffic Engineer, the suitability of the posted speed limit on a street may be reviewed when
the concern is vehicle speed. TAC's "Canadian Guide for Establishing Posted Speed Limits" will be referenced in
these instances to determine if a more appropriate (than currently posted) speed limit is warranted. In cases
where such a review results in a recommended change to the posted speed limit, the new appropriate speed limit
will be referenced in the place of the currently posted speed limit against the actual surveyed speeds. The new
speed limit will be considered as part of the Traffic Calming Plan and would result in a staff -recommended
amendment to the Traffic By -Law (to be considered by Common Council). A review of the speed limit is intensive
in the traffic engineering resources required to complete the assessment, and therefore this analysis will occur at
the discretion of the Traffic Engineer.
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CITY OFSAINTJOHN - TRAFFIC CALMING POLICY
"Pedestrians, Cyclists, and Motorists Sharing Street Spaces"
April 2012
CRITERIA
WEIGHTING
Street is within a Neighbourhood Intensification Area, as defined within the Municipal
Plan
0 or 1
Street has no sidewalks physically separating pedestrians from vehicles
0 or 1
Stopping sight distance for motorist's view of pedestrians at marked or unmarked
crosswalks can be brought within acceptable levels at the posted speed limit
0 or 1
Street has no painted bike lanes or separated bike trails separating cyclists from vehicles
0 or 1
Street is within 500 m walking distance from a daycare, pre-school, elementary school or
middle school
0 or 2
Street is within 500 m walking distance from a park, place of worship, hospital, or
community centre
0 or 2
Average speed of vehicles measured is equal to or greater than 5 km/h over the speed
limit during the traffic survey
0 or 1
Over 1500 vehicles per day are counted on a local street during the traffic survey
0 or 1
TOTAL
/10
IDENTIFY TIMING OF PLAN DEVELOPMENT
The timing of development of a Traffic Calming Plan will be influenced by its Priority relative to other
Plans, a neighbourhood's willingness to fund the Traffic Calming project, timing of a planned Capital
project or timing of an overall Neighbourhood Plan through PlanSJ.
A neighbourhood group can, at their expense, engage an engineering consultant to develop a Traffic
Calming Plan based on this Policy. The Traffic and City Engineer shall consider this option in context of
this Policy if this avenue was chosen by a neighbourhood group.
A Traffic Calming Plan on a street planned for reconstruction within a Capital project will be developed
and implemented as the Capital project timeline unfolds.
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CITY OFSAINTJOHN - TRAFFIC CALMING POLICY
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April 2012
A Traffic Calming Plan included within an area encompassing a future Neighbourhood Plan requires
coordination with the PlanSJ team:
If development of a Traffic Calming Plan is anticipated to be within 10 years of planned completion
of a larger Neighbourhood Plan, a Short Term Phase and a Long Term Phase of the Traffic Calming
Plan shall be developed. The Short Term Phase of the Traffic Calming Plan with minor and less
costly investments shall be developed and implemented in a time dictated by the Plan's Priority
relative to other Traffic Calming Plans or by a neighbourhood group's willingness to pay. The Long
Term Phase with more significant investment shall be developed and implemented in coordination
with the completion of the Neighbourhood Plan.
If development of a Traffic Calming Plan is anticipated to not be within 10 years of planned
completion of a larger Neighbourhood Plan, the entire Traffic Calming Plan (Short and/or Long
Term Phases) shall be developed and implemented in a time dictated by the Plan's Priority relative
to other Traffic Calming Plans or by a neighbourhood group's willingness to pay.
In all other cases, Traffic Calming Plans shall be developed and implemented in a time dictated by the
Plan's Priority relative to other Traffic Calming Plans.
DEVELOP TRAFFIC CALMING MEASURES
When it is time to develop the Traffic Calming Plan, street -specific Traffic Calming Measures will be
developed by the Traffic Engineer, Capital Engineering (in the case of a pre -planned Capital project), or
an engineering consultant engaged by a neighbourhood group. Measures used will be unique to the
differing issues of each neighbourhood. Given the documented effectiveness, physical traffic calming
measures will be incorporated into most Traffic Calming Plans, with support of other steps such as
signage enhancements. Although a wide range of physical and other measures are available, including
those detailed in TAC's Guide, the following will be generally given consideration first:
Speed Limit Enforcement The Police Force enforces speed limits and other traffic
regulations. Enforcement along busier arterial streets is
typically given priority, limiting availability of resources on
neighbourhood streets. Speed limit enforcement is
considered a short term solution.
Land Use Planning In some instances vehicles generated by a land use near a
Opportunities neighbourhood street will influence characteristics of traffic
on the street. Collaboration with City Planners to identify
opportunities to modify land use will occur in these
instances.
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CITY OFSAINTJOHN - TRAFFIC CALMING POLICY April 2012
"Pedestrians, Cyclists, and Motorists Sharing Street Spaces"
Transportation System Excessive volume of cut -through traffic on neighbourhood
Improvements streets may be diverted back onto arterial or collector
streets if motorists percieve the alternative as being a
shorter -route option through improvements to traffic flow.
Speed Humps
Raised Crosswalk
Raised crosswalks are similar to
speed humps, but are located at
crosswalks to both slow vehicle
speed and to enhance the visibility
of pedestrians to motorists.
Street Narrowing Narrowing a street puts roadside
features such as curbing,
sidewalks, trees, etc. as well as
Traffic Circle or Roundabout
vehicles approaching from the
other direction closer to a
motorist, causing a motorist to
perceive less lateral room to travel and thus to slow down.
This measure can be costly.
Traffic Circles and Roundabouts
are circular street intersections,
where vehicles travel counter-
clockwise through them untils�`
reaching the street they intend to
travel. They can improve traffic
flow and safety at an intersection.
They force vehicles to slow down as they navigate around
the circle. Traffic circles, being smaller, can be retrofit into
an existing intersection, can be less expensive but both are
considerably more expensive than most other options.
Pi t,11
Page 9 of 14
CITY OFSAINTJOHN - TRAFFIC CALMING POLICY
"Pedestrians, Cyclists, and Motorists Sharing Street Spaces"
Painted White/Yellow Lines
Directional Closure
Painting white or yellow lines on a
street is an economical alternative
to street narrowing. White lines
April 2012
A directional closure involves
converting a street from 2 -way to
one-way traffic, often with
physical changes to one end of the
street. This measure is used to
reduce vehicle volume.
Change to Posted Speed Limit Speed limits should reflect the physical characteristics of the
street and potential use by other users such as cyclists or
pedestrians. The posted speed limit will be reviewed in some
cases using TAC's "Canadian Guide for Establishing Posted
Speed Limits". Common Council would be asked to consider
staff recommended changes on a case-by-case basis.
Amendment to the Traffic By -Law is required — to add subsections 3 and 4 to section 18
and to add Schedule M-3(_�b KM/H Speed Limits) and M-4('0 KM/H Speed Limits) -as
some local streets warrant a 30 KM/H or 40 KM/H posted speed limit as opposed to
existing 50 KM/H or higher limits.
Speed Display Signs
Electronic signs that measure and
display vehicle speeds provide a
visual cue to motorists (to
compliment their own
speedometer) when travelling
over the posted speed limit.
These signs could be temporary or
permanent, but are costly.
MIR
Page 10 of 14
CITY OFSAINTJOHN - TRAFFIC CALMING POLICY
"Pedestrians, Cyclists, and Motorists Sharing Street Spaces"
April 2012
School Zone Signs In 2007 the Province of New
Brunswick amended its Motor
Vehicle Act to allow issued fines
for speeding in a clearly marked
School Zone between the hours of
7:30 a.m. and 4:00 p.m. to be
doubled. Within a municipality the
speed limit in a School Zone is also 50 KM/H within these
times regardless of the posted limit on the street outside the
Zone. Such penalties seek to discourage speeding in School
Zones where there are young children. A clearly marked
School Zone requires florescent yellow -green "School Zone"
and "School Zone End" signs. These zones also need to be
listed in the City's Traffic By -Law. In appropriate instances a
reduced speed limit for the School Zone would also be
considered. Common Council would be asked to consider
staff recommended changes on a case-by-case basis.
TAC has guidelines and will be referenced when establishing
the location of School Zones.
Amendment to the Traffic By -Law is required — to amend Section 23 and to add Schedule S
(School Zones) and S-1 (School Zones having a 40 km/h rate of speed).
Brighter Crosswalk Signs
Pedestrian or Traffic Signals
Florescent crosswalk signs replace
standard signs in school areas and
at some busier crosswalks. Such
signs may be placed where
crosswalks are part of a Traffic
Calming Plan only in very limited
instances where a heightened
awareness of a crosswalk by
motorists is required.
Signals that give clear right-of-way
to pedestrians and motorists are
suggested in instances outlined by
TAC guidelines and may be
considered as part of an overall
Traffic Calming Plan.
WIN
Page 11 of 14
CITY OFSAINTJOHN - TRAFFIC CALMING POLICY
"Pedestrians, Cyclists, and Motorists Sharing Street Spaces"
Multi -Way Stop Intersections Installation of Stop signs at all
approaches of an intersection can
be effective where there is a
history of collisions associated with
turning vehicles and where
installation of the signs are
warranted based on engineering
criteria and judgment. Traffic flow improvement is possible
in some cases. A different TAC guide provides warrants in
these situations. Multi -Way Stop intersections will not be
considered as a solution to a vehicle traffic speed problem
because of their documented ineffectiveness.
April 2012
SEEK INPUT FROM EMERGENCY AND TRANSIT SERVICES
Physical traffic calming measures that reduce the speed of vehicle traffic may also reduce the speed and
response time of Emergency Service vehicles. Physical measures may also impact Transit vehicles. The
proposed Traffic Calming Measures shall be distributed to the Emergency Services (Fire, Police and
Ambulance) as well as to Saint John Transit for input with potential changes to the proposed measures
made based on input received from these services. Some measures, such as speed humps with open
wheel paths for the wider Emergency vehicles, can be considered for example. Ultimately, the overall
safety of a neighbourhood needs to be considered by balancing a need to reduce vehicle speed with
ensuring Emergency Services can respond to an incident within an acceptable time frame and with
operational requirements of Saint John Transit.
CONDUCT NEIGHBOURHOOD MEETING
A neighbourhood meeting will be chaired jointly by the Traffic Engineer (or his/her designate) and the
citizen who raised the original concern (or that person's designate), and be supported by the Saint John
Police Force. The primary purposes of this meeting are:
1. To educate the neighbourhood of the Traffic Calming Policy and the benefits and limitations of
Traffic Calming plans and measures,
2. Clarify the concerns of the neighbourhood, and
3. Review the intended Traffic Calming Measures with the neighbourhood to ensure they address
the concerns where possible and seek support for the intended measures or obtain
suggestions for alternate measures.
2 Manual of Uniform Traffic Control Devices for Canada
PIMA
Page 12 of 14
CITY OFSAINTJOHN - TRAFFIC CALMING POLICY
"Pedestrians, Cyclists, and Motorists Sharing Street Spaces"
April 2012
In the case of an approved Capital project, this neighbourhood meeting will be coordinated by the
project coordinator as part of a larger project meeting. In the case of a Traffic Calming Plan being
developed through funding by a neighbourhood group, the engineering consultant shall coordinate
the meeting with the neighbourhood and City's Traffic Engineer. In the case where implementation
of a Traffic Calming Plan is within ten years of a proposed Neighbourhood Plan, the discussion of
more significant and costly traffic calming measures (Long Term Phase) shall be incorporated into
community meetings for the Neighbourhood Plan.
REFINE PLAN WITH NEIGHBOURHOOD INPUT
The Traffic Engineer, Capital project coordinator, or consultant will consider adjustments to the Traffic
Calming plan and/or measures based on the feedback at the Neighbourhood Meeting where possible.
COMMON COUNCIL CONSIDERS APPROVAL OF PLAN WHERE REQUIRED
Some Traffic Calming Plans, including less costly measures in a Short Term Phase of a Plan, can be
implemented within the scope of the Operating budget. In such a case City staff will schedule
completion of the Plan. Isolated physical measures such as speed humps, raised crosswalks, and painted
lines, as well as posting of speed limit, speed display and School Zone signs are often within the scope of
the Operating budget.
In other cases, where the Plan for a neighbourhood is outside the scope of the Operating budget, staff
will present to Common Council for consideration of approving the plan, including the resources
required for implementation of the Plan within a future year Transportation Capital or Operating
budget.
More costly traffic calming measures (Long Term Phase) to be incorporated into a Neighbourhood Plan
will follow the approval process of the Neighbourhood Plan.
IMPLEMENT PLAN
The Traffic Calming measures are implemented within the neighbourhood when the Plan is approved
and/or appropriate level of resources is available.
MEASURE PERFORMANCE OF PLAN
Measuring the performance of implemented Traffic Calming Plans is key to assuring success and to learn
toward continuous improvement of future Plans, as well as for updates to this Traffic Calming Policy.
Key Performance Measures to be considered shall include:
1. Comparison of the vehicle traffic speed and/or volume before and after the implementation;
and
2. Cost of the design and installation of an implemented Plan.
Page 13 of 14
�►�:1:j
CITY OFSAINTJOHN - TRAFFIC CALMING POLICY April 2012
"Pedestrians, Cyclists, and Motorists Sharing Street Spaces"
UPDATE TRAFFIC CALMING POLICY
This policy is a living document; to be updated periodically, as required through opportunities learned in
developing a Traffic Calming Plan or other strategic plans such as implementation of the Municipal Plan
or the Transportation Strategic Plan. Such updates will continuously improve this Policy and subsequent
Plans. Recommended policy updates will be presented to Common Council for consideration.
Page 14 of 14
W-116-1
The Robertsons
409 Woodward Avenue
Saint John, N13
E2K 4N1
August 26,2007
Mayor and Council
City of Saint John
P.O. Box 1971
Saint John, N8
Re. Safety Is -sue Woodward Avenue
Mayor McFarlane & Councillors
We were awakened at 3,0D am this morning by the noise of a car travelling at high speed
losing control and crashing a short distance from our home, It was on the sharp turn at the
new entrance of Marlin [give to Woodward Avenue. Accidents caused by speeding are
nothing new on this stretch of road with its restricted visibility. There has even been an
accident where a school bus rolled on to its side on this turn.
There have been numerous near misses of joggers running on the road and careless
pedestrians walking on the -street. Even scarier, some seniors now drive motorized scooters
on the roadway. Woodward Avenue needs traffic calming to get the speeding under control.
One way to address this economically is by the installation of stop signs for a three way stop
at this new intersection, Cars once stopped at the centre of the curve will be able to see
entering traffic and errant pedestrians before getting up to too much speed to safely stop.
Some other potential three way stops are the eastern entrance of Brentwood Crescent and
the new Intersection of Marlin Drive and Daniel Avenue The traffic here travels much faster
than Douglas Avenue where there Is now a three way stop at the Bentley Street interseGliOrl.
Speeders in this residential area have always been a threat and setting up radartraps falls to
provide any long-range solution to this problem.. It has been over ten years since we last
wrote and asked for some stop signs on Woodward to calm traffic and unfortunately, our last
letter was just received andfiled.
Please look at the accident photos and then rather than receiving and filling this letter, please
direct that something be done in the way of installing traffic calming stop signs before
someone gets killed now that you, our City, have been informed once again. Please don't
allow this dangerous situation to continue any longer.
Respectfully subrritle.d,
X
ell
G.A. (Sandy) and Diane M. Robertson
P40-191
� � 9
Received Date October 30, 2017
Meeting Date October 30, 2017
Open or Closed Open Session
Deputy Mayor Shirley McAlary and
Members of Common Council
Members of Saint John Common Council:
Subject: Request A Historical Review on Police and Fire Escalating Cost of Services
Background: Given the upcoming 2015 Budget process and the city current financial challenges it is critical
we have understanding and expectation of our costs going forward.
In addition this motion aligns with our 2 council priorities:
Develop long-term sustainable financial plans and budgets that align capital investment and fiscal
capacity with service objectives.
• Report on performance metrics to show effective service delivery and good fiscal management
Motion:
In light of upcoming budget decisions and anticipated arbitrated settlements of collective agreements in both
police and fire services, be it resolved that the City Manager be directed to return to Council in two weeks in
open session with an historical review of the escalations occurring in these two services over the last 10 to 15
years and to provide some analysis into options for mitigating the impact of unaffordable potential
settlements on the overall City expenses.
Respectfully Submitted,
• 1.
I En oil Me
0"Uri-
SAINT
JOHN
�---- I
P.O. Wx 1971 Saint John, NB Canada E2L 40 www sain4ohn.ca j C.P.1971 Saint phn, N. -B. Canada EX 40
1�2
4 v9�vnr
PROCLAMATION
WHEREAS: Every year, from the last Friday in October to
Remembrance Day, The Royal Canadian Legion conducts
the Poppy and Remembrance Campaign; and
WHEREAS: Canadians have donated money to support the services we
provide and to clearly show their recognition of the debt
owed to so many Canadians who gave their lives for our
freedom; and
WHEREAS: Remembrance is the cornerstone of The Royal Canadian
Legion's work in Canada. The Poppy Campaign is a major
source of funds used to assist veterans, ex -service people
and their dependents; and
WHEREAS: The mandate of the Legion is perpetuating the memory and
the deeds of the fallen. The Legion strives for peace,
goodwill and friendship among all nations; and
WHEREAS: Remembrance Day shall remain and be reverently observed
on the 11 th hour of the 11 th day of the 11 th month of each
year by us and our successors.
NOW THEREFORE: I, Mayor Don Darling, of Saint
John do hereby proclaim that the Royal Canadian Legion Poppy and
Remembrance Campaign be from October 27, 2017 to November 11, 2017 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.
NO-%
M&C No.
2017-281
Report Date
October 30, 2017
Meeting Date
October 30, 2017
Service Area
Finance and
Administrative Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT. Inn Vest Hotels GP Ltd. (Hilton) Saint John
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author Commissioner/Dept. Head City Man
Ian Fogan Kevin Fudge Jeff Trail
RECOMMENDATION
r
That the City enter into the Parking Garage Sublease Acknowledgment
Agreement with InnVest Hotels G.P. Ltd. and Canadian Western Bank; that the
content of the Agreement be substantially the same as the Acknowledgement
Agreement approved by Common Council resolution adopted October 10, 2006;
And that the Mayor and Common Clerk be authorized to execute the Agreement.
EXECUTIVE SUMMARY
The Hilton Hotel requires the attached agreement to be signed by the City,
similar to a previous agreement in 2006, in order to obtain financing. The
previous agreement was approved by Council at the time and this current
agreement will not substantially differ and offers no risk to the City. This is
largely viewed as procedural and does not alter any terms of our various lease
agreements.
PREVIOUS RESOLUTION
Click here to enter text.
STRATEGIC ALIGNMENT
P4%Ic3
-2 -
The City received an email from Neal L. Leard of Stewart McKelvey on October
24, 2017 who represents InnVest Properties, the current lessee/operator of the
Hilton Saint John. In addition to leasing the hotel, InnVest also sub -sub -leases
some space in the Market Square Parking Garage from the City.
Mr. Laird advises that his client is in the process of re -financing the Hilton with
Canadian Western Bank (CWB). The financing is scheduled to close October 31,
2017. As part of this, it will be mortgaging its leasehold interests in the Hilton
and its leased space in the parking garage. In connection with this financing the
CWB requests that the City, as landlord under the parking garage sub -lease
execute an Acknowledgment Agreement in which the City acknowledges that
should InnVest default under the terms of the parking garage sublease CWB can
take the necessary steps to make the City "whole" and then seek a new tenant
for the premises.
The City did this in 2006 when InnVest acquired the Hilton Saint John and
financed with GE Canada Real Estate Financing Holding Company and Mr. Leard
is prepared to accept substantially the same documentation for this financing. A
copy of that agreement is attached.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
Legal has reviewed the agreement and is in agreement with the
recommendation.
ATTACHMENTS
Parking Sublease Acknowledgement Agreement from 2006
P46*11
City Solicitor's Dice e
Bureau de lAvocat Municipal
MEMORANDUM
lu aey of sma Jobn
TO: Ian Fogan
FROM;
Lynda D. Farrell
DATE:
October 30, 2017
RE:
InnVest Hotels GP Ltd. (Hilton) Saint John
I received an email from Neal L. Leard of Stewart McKelvey on October
24, 2017 who represents InnVest Properties, the current lesseeloperator
of the Hilton Saint John. In addition to leasing the hotel, InnVest also sub -
sub -leases some space in the Market Square Parking Garage from the
City.
Mr. Laird advises that his client is in the process of re -financing the Hilton
with Canadian Western Bank (CWB). The financing is scheduled to close
October 31, 2017. As part of this, it will be mortgaging its leasehold
interests in the Hilton and its leased space in the parking garage. In
connection with this financing the CWB requests that the City, as landlord
under the parking garage sub -lease execute an Acknowledgment
Agreement in which the City acknowledges that should InnVest default
under the terms of the parking garage sublease CWB can take the
necessary steps to make the City '"whole" and then seek a new tenant for
the premises.
The City did this in 2006 when InnVest acquired the Hilton Saint John and
financed with GE Canada Real Estate Financing Holding Company and
Mr. Leard is prepared to accept substantially the same documentation for
this financing. A copy of that agreement is attached.
The following is in order for recommendation:
That the City enter into the Parking Garage Sublease
Acknowledgment Agreement with InnVest Hotels G.P. Ltd. and
P"01
Canadian Western Bank; that the content of the Agreement be
substantially the same as the Acknowledgement Agreement
approved by Common Council resolution adopted October 10,
20016;
And that the Mayor and Common Clerk be authorized to execute
the Agreement.
Lynda D. Farrell
LDF/ws
Attachment
184%1-1
AMONG.
(aty) --
TMS AGREEMENT made as of the � day of^
Oft"Sw1ir, 2006.
THE CITY OF SAINT -JOHN
(hereinafter called the "SubhuuUord")
- and -
INNVEST HOTELS GP LTD" "nits capacity as general partner
for and on bebaif of INNVEST HOTELS LP
(hereinafter called the "Subtenant")
- and -
GE CANADA REAL ESTATE YJNANcING HOLDING
COMPANY
(hereinafter called the "Mortgagee)
A. By indenture of sub -sublease made as of the 31st day of May, 19S3 between the
Sublandlord as Lessor of the First Part and The Rocca Market S
Limited C Rocca"} as Lessee of the Second Part, the S Grondlord did � Development
premises referred to therein as the'Vemised Preathe Su and did ase unto Rocca certain
Demised Premises and the said rights beimg refemd the snit rights to Rocca, the
as the "Lessee Rights" for a term commencing at midnight on the 31st dday of lease and herein
ending at midnight on the second day falling immediatelyprior to the 3lat of may' 1983 and
the rentals and subject to the covenants, conditions and agreements day of may', at
sub -sublease was t�egistered in the Offrce of the Rc ' ��° contained, which said
gistrar of Deeds in and for the County of Saint
John (the "Registry office"} on September 14, 1983 in Book 1019atpage 739 aaNo,
the lands upon which the Demised Premises are located bang
referred erdr► s the310645, "Lands .
B. Rocca assigned the sub -sublease to Market Square Hotel Limited
Hotel") by assignment dated as of the 1st day of October, 1983 and re ' Ned in t Square
Office on August 31 1984 in Book 1059 at rnegi
� � page 733 as No. 317403.
C. Market Square Hotel assigned the sub- sublease to Centennial Laholds kited
("Centennial") by assignment dated as of the 30th day of August, 1954 SW
Registry Office on August 31, 1984 in Book 1059 at page 779 as No. 3174009 �s� the
P4%tl
D. Centennial assigned the sub-subleme to Rocca Market Square
assignment dated as of the 301h day of August 1984 and registered in >I0o RegIaimitestby
ry d d by on
August 31, 1984 in Book 1059 at page 830 as No. 317415. tju
E. The sub -sublease was amended by amending agreement entered into by the Sublandlord
and Rocca Market Square Hotel Limited dated as of the 20 day of Mares 1986 and registered
in the Registry Office on March 21, 1986 in Book 1141 at page 142 as No. 328563.
F. By certificate of amendment issued under the Busi>zess CorX,,atjons Act {New
Brunswick) on July 25,1986, Rocca Market Square Hotel Limited changed its name to Market
Square Hotel Limited CUSHL" ).
G. Tkc sub -sublease was further amended by amending agreement entered into by the
Office
Sublandlord
l Feb d MSHL dated as of 99 Book 47 t y of January, 1991 and regiAt� in the Registry
��' page 163 as No. 368156.
H. MSHL was continued under the Canada Business Corporations A.1 as 3100677 Canada.
Inc. by certificate of continuance dated December 21, 1994 and registmred in the R
on January 30, 1995 as No. 398527 and amalgamated with Hilton. Cara�Y Oflrce
Hilton Canada Inc. by certificate of amalgamationInc.Irtci continue as
Registry Office on Jan dated January 1,1995 and registered in the
egi try January 30, 1995 as No. 398526.
1. Hilton Canada Inc. was continued under the Comprunies Act (Nova Scotia
of continuance dated December 18, 2001 and regegistered in the Re ) b Yfacate
as No. 18755116 and amalgamated with 3 nd rNova Scotia gi�Y Office on July 21, 2004
amalgamation dated Jan ��y by certificate of
g January 1, 2002 and registered on July 21, 2004 as No. 18765082 to
continue as Hilton Canada Co.
J. The sub -sublease was further amended by amending agreement entered into by the
Sublandlord and Hilton Canada Co. dated June 30, 2004 and registered is the Registry Office on
September 8, 2004 as No.19065227 (the sub -sublease, as so amended by the dM amending
agreements being hereinafter called the "Parking Garage Sublease").
K. Hilton nada Co. assigned the Parking Garage Sublease to the Sabot by �gnment
dated 2006 isBooke dda��y of $Sgt September, 2006 and reg;staed � ��gi�Y Once on September 29'h
L. The Subtenant intends to mortgage its interest in the parking Game Sublease to the
Mortgagee by a debenture to be dated September •, 2006 from the Subtentt (which debenture
as amended, supplemented, modified, mewed or replaced fromm tin
time e is hereinafter called
the "Debenture") as security for the obligations referred to in the Debet
WITNESSETH that in consideration of the sum of TWO 02.00) DOLLARS and
other good and valuable consideration (die receipt and adequacy of which are hereby
acknowledged by the parties hereto) and the mutual covenants and agremW, hereinafter
contained, the parties hereto covenant and agree as follows:
I . The Sublandlord covenants, undertake and agrees with the Mortgagee that:
fP4:J:3
.3-
(a) If
the Subtenant defaults under the Parking Garage Subs
default within any cure period allowed under the Parlpira ease and fails to cure such
the Subtenant defaults under the Parking Garage Sub1 ti; and
Garage Sublease, or if
for the Subtenant to cure such default; the Sublandlord agrees there is no period
notice of Mortguch agee shall � re to mm a such default, as the � live writt�gce
and the Meriodtwenty may be, to the Mo
notice within which to cure the default or defaults O) of tea the date of such
after the expiration of twenty (20 da fixed in such notice. if
the default ) y aft the giving ofsuch ice as aforesaid
specified in such notice shall continue to exilg
event, but not otherwise, at the option of the Sublandlord,then and ' such
Sublease may from and after the Conclusion of the said stns
be terminated. Notwithetandingthe foregoing period°f �►ctyG(2,0}days
Provisions
of this paragraph
2(a), if
the default reasonably reqs more time for the Mortg$gee to cure
u a than the
aforesaid twenty (20) day period the Sublandlord shall n
terminate the Parking Garage Sublease if the of have the right to
commenced by the Mortgagee after thecuring of the default is promptly
diligence thereafter cotnpletcd. giving of such notice to it and is with
due
(b) if, as a result of default under the parking Garage Sublease
of being cured by the Mortgagee, the Parking (`,stage Sub h
Sublease is not capable
before its stated expiration date, or if the Parkin Gara be terminated
terminated, disclaimed or surrender, the Sublandlord shall Sublease is otherwise
the Mortgagee promptly accompanied by particulars of��Writt
� notice to
the default which brought about termination, dculvmer the
e nature and extent of
jadjaiSublandlord agrees that upon the request of the ]Vlortga * surrender
and the
made is writing within twenty (20) days atter the gee' if such request is
notice by the Sublandlord, it will �� of theabove-mentioned
great to the Mortgagee or the nominee of the
Mortgagee a new lease betweem the Sublandlord, as subl�� and the
Mortgagee or the nominee of the Mortgagee, as subtemm
duration to the then remaining residue of tate term of the p for a term equal in
and at the same rent and otherwise upon the same germs arking Garage Sublease
covenants, provisos, ague and conditions as are c ftd including the same
Garage Sublease; provided, however, the Sublandlord's Obligation � o Parking
new leans is conditional upon the Sublandlord e all
nwe s grant the
have been lawfully due and o heti$ paid au moneys wbich would
forfeited (ather than accelarated rent) the dates of the IOWif it had not been
of the Mortgagee or its nominee to � Iesse. end agreement
forfeited lease which may be in default orsuch other mv��under the
incapable ofb ' providedthey are tier reasonably
�g Pmformed by the Mortgagee or its noadam suc
Lease and the le$ssrhold estate thereby created shall retain Yh new
Parking Garage Sublease with We same priority as the
interest or other lies �� to any mortgage af�e Sublaadlord's
All revenues collected charge
Sub1andlo encumbrance from the D by � �ublaadlord.
interval following termination of the P mod and
prior
ri r to hg the
Commencement of the term of the new I 1� be Spm p of to the
under the Parking Garage Sublease which would have agate any arrears
terminated, and payments as they fall due under the r not been
Se. The failure of the
P"001
4`
Mortgagee or its nominee to execute and deliver to the Sublandlord the new lease
within twenty (20) days afar it has been tendered by the Sublandjo t to the
Mortgagee or its nominee, or to comply with any of the other provisions and
conditions herein specified with respect to such new lease shall
conclusivel
unless otherwise agreed to in writing bm*m the Sublandlord and the Mortgagee
or its nominee, be deemed an abandonment and waiver on the partof the
Mortgagee of all rights to obtain such new lease. If there is more than one
mortgagee of the right, title and interest of the Subterimt in and to the Parking
Garage Sublease that makes a request far a new leap pmt to any other
agreement entered into by the 5ublandlor4, the SublariMard shall enter into a new
]ease with whichever of such mortgagees Malang such requW has the
enwmbmuce prior in registration,
(c) The Mortgagee shall not be liable to the Sublandlord under the Parking Guage
Sublease for the fulfilment err non-fiiiSlment of any of the obligations ofthe
Subtenant thereunder, "t as herehdiff set out. The Mortgagee hereby agrees
with the Sublandlord that if the Mortgagee forecloses or takes possession of the
Tenant's interest in the Parking Garage Sublease, then, so long as the Mortgagee
shall be the owner of or in possession of such interest, the Mortgagee shall
observe and perform all the obligations of the Subtenant under the Par
Sublease and that if the Mortgagee exercises any power of sale under theme Garage
Debenture, the Mortgagee shall require the purchaser to agree with the
Sublandlord to observe and perform all the obligations of thebtenant under the
Paridrig Garage Sublease,
2. The Sublandlord and the Subtenant agree with the Mortgagee that, so long as the
Debenture remains outstanding, the tam of the parking Garage Sublease shall not be amended,
supplemented, modified, cancelled, forfeited, surrendered or (subject to the express term of this
Agreement) terminated prior to the end of the term reserved by the Parldag Gwage Sublease
without, and the same shall not be effective without, the prior written consent of the Mortgagee,
3. The registration on title of a discharge of the Debenture shall ceUWtute an automatic
termination of this Agreement.
4. The Sublandlord shall from time to time upon the written request of the Subtenant or the
Mortgagee, promptly advise the Mortgagee in writing of the status of the pang Garage
Sublease and the Subtenant's performance tbercuader and such other fizrmation as may
reasonably be required by the Mortgagee and any costs in connection thaewith shall be for the
account of the Subtenant and not the Sublandlord or the Mortgagee. The mitten status report
shall not be construed as a waiver by the Sublandlord in respect of any obligations to be
performed under the Parking Garage Sublease.
S. Any notices or other communications to be given by nay party hemmer to any other patty
shall be given or made by delivering the same by hand, or by mailing the stare is a sealed envelope
by registered mail, return receipt requested, or by facsimile transmission addressed to the party to
whom the notice is directed, at the address set out below or to such altcm*e address as may from
time to time be designated by notice given in the mariner provided in thisWIgraph.
KON
-S -
(a) to the Sublandlord at:
C_ itHall—
P. Heli - -
P O, Box 1971 _
SaLntLb1A,NB EZL 4Ll
Attention: T_be Common leek
Facsimile No. L --J
(b) to the Subtenant at:
c/o InnVest REIT
5090 Explorer Drive
7th Floor
Mississauga, Ontario
L4W 479
Attention: Kenny Gibson
Facsimile No. (905) 206-7114
(c) to the Mortgagee at:
Attention: i.
Telecopy Na.
Each such notice shall be dated as of the date of its delivery or mailing
mailed, it shall be deemed given on the fifth (5th) business day followingthe as the case may be. n so
it. In the event of intemmption or immediately pending interruption to the hal of so mailing
so
poste
such notice shall be delivered by hand or facsimile transmission. �� each If deli
transmission, any such notice shall be deemed to be delivered on the da bye
ansmissiif
received before 4:04 p.m. on any business day of the intended redp fent of othaw,ise on the
business day of the intended recipient following transmissiohe Srs#
n.
6. The Sublandlord will not sell or encumber its interest, except to a pmt or
encumbrancer which shall, before such sale is effected, at the Subtenant's
either an agreement with the Subtenant and the Mortgagee substantial) expense, enter into
this Agreement or an acknowledgment addressed to the Mortgagee cow a form and terms of
purchaser or encumbrancer is familiar with the terms of this Agreement that such
� �d is bound by them.
[till
-6-
Any such agreement with
any encumbrancer shall provide that such encumbrancer shall not be
bound by the terns hereofunless and until it is in possession or ownership (whether by itself or
through a receiver, manager or receiver and manages) of Sublandlord'a interest in the Lands.
7. if any terns, covenant, obligation or agreement contained in this
application thereof to any person or stance shall, to any rxtMt, bc znvad
Agnem n or the
or
unenforceable, the remainder of this Agreement or the application of sum term, oovemnt,
obligation or agreement to persons or circumstances other than those as to V&ch it is held
invalid or unenforceable, shall not be affected thereby and each tens, c�avenant, obliaWon and
agreement herein contained shall be separately valid and enforceable to extent
permitted by law.
8. This Agreement maybe executed in several counterparts each of which When so executed
shall be deemed to be an original and which counterparts together shallone and the
same instrument. The parties hereby acknowledge and agree that fCOnsdUlte or the purpose of off
acceptance and execution an executed facsimile copy shall constitute a er, ot#ge1ecrted may,
IN WMESS V*WREOF the parties hereto have dul ,s
as of the date first above written. t Bement
+ r
THE UIt
Per: ,G -
Name:. '
Per:
e:
• 4mmon Clerk
MNVEST HOTILS GP LTD., in its
capacity as general partner for and on
behalf of INNVEst HOTELS LP
Per.
Name:
Title:
KIN
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m
KIM
Tide:
R
C4 of swnt John
October 30, 2017
Deputy Mayor and Councillors
Subject: Career Transition Funding
The Committee of the Whole, having met on October 30, 2017, made the following
recommendation:
RESOLVED that as recommended by the Committee of the Whole having met on October 30th,
2017 Common Council authorize the Commissioner of Finance to make payment of Career
Transition Funding to the "Employee" in an amount equal to one month per year of service or
part thereof based on that individual's current salary, together with applicable benefits, less
applicable statutory and other deductions, with such payment being conditional upon the
receipt of a fully executed Full and Final Release that is satisfactory to the City Manager by a
date to be specified by the City Manager.
Sincerely,
Don Darling
Mayor
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44, ..... Ii 304
October 30, 2017
Deputy Mayor and Councillors
Subject: Recommended Appointments to Committees
The Committee of the Whole, having met on October 30, 2017„ made the following
recommendation:
RESOLVED that as recommended by Committee of the Whole, having met on October 30, 2017,
Common Council approve the following appointments:
Canada Games Foundation: to appoint David Roberts for a three year term from December 23,
2017 to December 23, 2020.
City of Saint John Shared Risk Pension Plan Board: to reappoint Michael Duncan as an alternate
trustee for a three year term from December 23, 2017 to December 23, 2020.
Saint John Community Arts Board: to reappoint Stephany Peterson for a three year term from
October 28, 2017 to October 28, 2020; and to appoint Julie Whitenect, Glen Swarnadhipathi,
and Jon O'Kane to three year terms from October 30, 2017 to October 30, 2020.
Saint John Free Public library: to reappoint Norma Kitchen for a three year term from October
30, 2017 to October 30, 2020; and appoint Ben Whitney and Samantha MacPherson to three
year terms from November 29, 2017 to November 29, 2020.
Saint John Parking Commission and Saint John Transit Commission: to reappoint Michael
McGovern for a three year term from October 30, 2017 to October 30, 2018; Charles Bryant for
a three year term from December 7, 2017 to December 7, 2020; and Jeff McAloon for a three
year term from December 23, 2017 to December 23, 2020.
Sincerely,
Don Darling
4,,yor
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�........,...W��'.�. 305
October 30, 2017
Deputy Mayor and Councillors
Subject: Easement Acquisition for New Traffic Controller at PID 00017624
The Committee of the Whole, having met on October 30, 2017, made the following
recommendation:
RESOLVED that as recommended by the Committee of the Whole, having met on October 30,
2017, the City of Saint John acquire an easement from J.D. Irving, Limited in consideration of
the sum of One Dollar ($1.00) for the installation and operation of a traffic controller for new
traffic lights at the intersection of Union and Wentworth Streets with the terms and conditions
as specified in M&C 2017-280 on a portion of lands being PID 00017624 as identified on the
submitted sketch and that the Mayor and Common Clerk be authorized to execute the
necessary documentation.
Sincerely,
Don Darling
Mayor
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October 30, 2017
Deputy Mayor and Councillors
Subject: TimberTop Adventures Licence of 14.7 Acres Adiacent Dominion Park
The Committee of the Whole, having met on October 30, 2017, made the following
recommendation:
RESOLVED that as recommended by the Committee of the Whole, having met on October 30,
2017:
1. That Common Council grant a non-exclusive Licence to TimberTop Adventures Ltd. upon
the terms and conditions contained in the Licence attached to report M&C 2017-270;
and further,
2. That the Mayor and Common Clerk be authorized to execute the Licence.
Sincerely,
Don .
ayor
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