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2022-02-22_Agenda Packet--Dossier de l'ordre du jour
�B City of Saint John Common Council Meeting AGENDA Tuesday, February 22, 2022 6:00 pm Meeting Conducted by Electronic Participation Pages 1. Call to Order 1.1. Land Acknowledgement 1.2. Heritage Awards 5 - 12 2. Approval of Minutes 2.1. Minutes of February 7, 2022 13 - 23 3. Approval of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1. Designation of By-law Enforcement Officer and Acting Deputy Building 24 - 34 Inspector (Recommendation in Report) 5.2. Engineering Services: Garden Street (City Road to Coburg Street) — 35 - 38 Infrastructure Renewal & Street Reconstruction (Recommendation in Report) 5.3. Community Development Fund Agreement: City of Saint John — Improvements 39 - 47 (Camegie Building, TD Station & City Market) (Recommendation in Report) 5.4. Community Development Fund Agreement: Refrigeration System Upgrades — 48 - 52 Various Arenas (Recommendation in Report) 5.5. Community Development Fund Agreement: Various Municipal Building 53 - 61 Improvements (Recommendation in Report) 5.6. Community Development Fund Agreement: TD-Station Dasher Boards and 62 - 69 Glass Replacement (Recommendation in Report) 5.7. Fundy Quay Redevelopment Site - Remediation Action Plan FCM Grant 70 - 94 Agreement (Recommendation in Report) 5.8. PlanSJ Review (Recommendation: Receive for Information) 95 - 97 5.9. Systemic Racism — Submission to the NB Commissioner on Systemic Racism 98 - 100 (Recommendation in Report) 5.10. Newcomer Employment Champions Letter of Commitment for 2022 101 - 110 (Recommendation: Receive for Information) 6. Members Comments 7. Proclamation 7.1. Heritage Week - February 21 to February 25, 2022 111 - 111 8. Delegations / Presentations 8.1. Commissioner on Systemic Racism 112 - 119 9. Public Hearings - 6:30 p.m. 10. Consideration of By-laws 11. Submissions by Council Members 11.1. Councillor Attendance Shared on-line (Councillor Radwan) 120 - 120 12. Business Matters - Municipal Officers 12.1. City of Saint John: Submission to Government of New Brunswick's Climate 121 - 127 Change Action Plan Review 13. Committee Reports 13.1. Strategic Planning Advisory Committee: 10 Year Strategic Plan - Process and 128 - 144 Progress 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 15.1. Monarchist League of Canada (New Brunswick Branch): Tribute to Queen 145 - 146 Elizabeth (Recommendation: Refer to City Manager) 15.2. A. Johnson: Request to Present - Affordable Housing Brainstorming Townhall 147 - 165 (Recommendation: Receive for Information and Consideration for Affordable K 16. 17. 18. Housing Action Plan) 15.3. B. Brott: Sidewalk Plan for 2023 (Recommendation: Receive for Information) 166 - 167 15.4. SJ Alpines Baseball: 2022 User Fees for City Fields (Recommendation: Refer 168 - 174 to City Manager) 15.5. SJ Horticultural Association: Support for Designation of Rockwood Park as a 175 - 178 National Urban Park (Recommendation: Receive for Information) Supplemental Agenda Committee of the Whole 17.1. Rent Relief at the City Market 179 - 187 17.2. City and SJ Port Authority Reciprocal Licenses 188 - 188 Adjournment K City of Saint John Common Council Meeting Tuesday, February 22, 2022 Committee of the Whole 1. Call to Order Si vous avez besoin des services en frangais pour une reunion de Conseil communal, veuillez contacter le bureau 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 68(1) of the Local Governance Act and Council / Committee will make a decision(s) in that respect in Open Session: 4:00 p.m., Meeting Conducted through Electronic Participation 1.1 Approval of Minutes 68(1) 1.2 Financial Matter 68(1)(c) 1.3 Financial Matter 68(1)(c) 1.4 Financial Matter 68(1)(c) 1.5 Legal Matter 68(1)(f) 1.6 Personnel Matter 68(1)(j) 1.7 Financial Matter 68(1)(c) Ville de Saint John Seance du conseil communal Mardi 22 fevrier 2022 18h Reunion par participation electronique Comite plenier 1. Ouverture de la seance Si vous souhaitez obtenir des services en frangais pour une seance du conseil communal, veuillez communiquer avec le bureau du greffier communal au 658-2862. Chacun des points suivants, en totalite ou en partie, peut faire I'objet d'une discussion en prive en vertu des dispositions prevues au paragraphe 68(1) de la Loi sur la gouvernance locale. Le conseil/comite prendra une ou des decisions a cet egard au cours de la seance publique : 16 h — Reunion par participation a distance 1.1 Approbation du proces-verbal 68(1) 1.2 Questions financieres 68(1)c) 1.3 Questions financieres 68(1)c) 1.4 Questions financieres 68(1)c) 1.5 Questions d'ordre juridique 68(1)f) 1.6 Questions relatives au personnel 68(1)j) 1.7 Questions financieres 68(1)c) Seance ordinaire 1. Ouverture de la seance 1.1 Reconnaissance des terres ancestrales 1.2 Prix du patrimoine 2. Approbation du proces-verbal 2.1 Proces-verbal du 7 fevrier 2022 3. Adoption de I'ordre du jour K 4. Divulgations de conflits d'interets 5. Questions soumises a I'approbation du conseil 5.1. Designation d'un agent d'application des reglements municipaux et d'un sous-inspecteur en batiment par interim (recommendation clans le rapport) 5.2 Services d'ingenierie : Rue Garden (du chemin City a la rue Coburg) — Renouvellement de l'infrastructure et reconstruction de la rue (recommendation clans le rapport) 5.3 Accord sur le Fonds de developpement communautaire : Ville de Saint John — Ameliorations (immeuble Carnegie, Station TD et marche municipal) (recommendation clans le rapport) 5.4 Accord sur le Fonds de developpement communautaire : Modernisation des systemes frigorifiques — divers arenas (recommendation clans le rapport) 5.5 Accord sur le Fonds de developpement communautaire : Diverses ameliorations aux immeubles municipaux (recommendation clans le rapport) 5.6 Accord sur le Fonds de developpement communautaire : Remplacement des bandes et des vitres de la Station TD (recommandation clans le rapport) 5.7 Site de reamenagement de Fundy Quay — Plan d'action d'assainissement - Accord de subvention de la FCM (recommandation clans le rapport) 5.8 Examen du PlanSJ (recommandation : a titre d'information) 5.9 Racisme systemique — Presentation sur le racisme systemique au commissaire du Nouveau -Brunswick (recommandation clans le rapport) 5.10 Lettre d'engagement pour 2022 des champions de 1'emploi pour les nouveaux arrivants (recommandation : a titre d'information) 6. Commentaires presentes par les membres 7. Proclamation 7.1 Semaine du patrimoine — 21 fevrier au 25 fevrier 2022 8. Delegations et presentations 8.1 Commissaire sur le racisme systemique 9. Audiences publiques 3 10. Etude des arretes municipaux 11. Interventions des membres du conseil 11.1 Presence des conseillers partagee en ligne (conseillere Radwan) 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.1. Ville de Saint John : Soumission a 1'examen du Plan d'action sur les changements climatiques du gouvernement du Nouveau -Brunswick 13. Rapports deposes par les comites 13.1 Comite consultatif de planification strategique : plan strategique de dix ans — Processus et progres 14. Etude des sujets ecartes des questions soumises a I'approbation du Bureau 15. Correspondance generale 15.1 Ligue monarchiste du Canada (division du Nouveau -Brunswick) : Hommage a la Reine Elizabeth (recommendation : consulter le directeur municipal) 15.2 A. Johnson : Demande de presentation — Reunion de reflexion sur le logement abordable (recommendation : Recevoir pour information et consideration le plan d'action pour le logement abordable) 15.3 B. Brott : Plan pour les trottoirs pour 2023 (recommendation : a titre d'information) 15.4 SJ Alpines Baseball : Frais d'utilisation des terrains de la ville pour 2022 (recommendation : consulter le directeur municipal) 15.5 SJ Horticultural Association : Soutien a la designation de Rockwood Park comme parc urbain national (recommendation : a titre d'information) 16.Ordre du jour supplementaire 17. Comite plenier 17.1 Allegement des loyers au City Market 17.2 Licences reciproques de la ville et de I'administration SJ Port 18. levee de la seance CI k Ln CAA E E U Ln ace G O � � CAA ca � = O fB cn c. L w U . . m a Mo m a .Mo N .m i w E E O V a� m m LL m i w E E O V m a m LM V 4-0 E E O V w tw ._ C s O Ln I Ln Ln N N :4r Why \ '� _ _ ��•� .. . 0�j u Z Z 04=J 0 4=J CL Present: COMMON COUNCIL / CONSEIL COMMUNAL February 7th, 2022 / le 7 fevrier 2022 MINUTES — REGULAR MEETING COMMON COUNCIL OF THE CITY OF SAINT JOHN FEBRUARY 7, 2022 AT 6:00 PM MEETING CONDUCTED BY ELECTRONIC PARTICIPATION Mayor Donna Noade Reardon Deputy Mayor John MacKenzie Councillor -at -Large Gary Sullivan Councillor -at -Large Brent Harris Councillor Ward 1 Joanna Killen Councillor Ward 1 Greg Norton Councillor Ward 2 Barry Ogden Councillor Ward 3 David Hickey Councillor Ward 3 Gerry Lowe Councillor Ward 4 Greg Stewart Councillor Ward 4 Paula Radwan Also Present: City Manager J. Collin General Counsel M. Tompkins Commissioner, Human Resources S. Hossack Fire Chief & Chief Emergency Management Services K. Clifford Commissioner, Utilities & Infrastructure Services B. McGovern Commissioner, Growth & Community Services J. Hamilton Chief of Staff & Chief Financial Officer K. Fudge Commissioner, Public Works and Transportation Services M. Hugenholtz Director Legislative Services / City Clerk J. Taylor Deputy Clerk P. Anglin Administrative Officer R. Evans 1. Call to Order 13 COMMON COUNCIL / CONSEIL COMMUNAL February 7th, 2022 / le 7 fevrier 2022 To conform to the Revised Mandatory Order COVID-19 proclaimed January 281", 2022, Council Members and staff participated by video conference. The City Clerk conducted roll call noting all Council Members in attendance. To ensure public access and transparency the meeting is being livestreamed, video recorded and posted to the City's website after the meeting has concluded. 1.1 Land Acknowledgement Councillor Norton read the Land Acknowledgement and called for a moment of reflection. "The City of Saint John/Menaquesk is situated is the traditional territory of the Wolastoqiyik/Maliseet.The Wolastoqiyik/Maliseet along with their Indigenous Neighbours, the Mi'Kmaq/Mi'kmaw and Passamaquoddy/Peskotomuhkati signed Peace and Friendship Treaties with the British Crown in the 1700s that protected their rights to lands and resources." 2. Approval of Minutes 2.1 Minutes of January 24, 2022 Moved by Councillor Killen, seconded by Councillor Sullivan: RESOLVED that the minutes of Common Council held on January 24t", 2022, be approved. MOTION CARRIED. 3. Approval of Agenda Moved by Councillor Killen, seconded by Councillor Sullivan: RESOLVED that the agenda of the Common Council meeting for February 7t", 2022, be approved with the addition of the following items: • 17.1 Option Agreement Fundy Quay • 17.2 Construction License - North Market Street • 17.3 Recommendation for Disability Benefits • 17.4 McAllister Industrial Park - Sale of Land • 17.5 Appointment to Committee MOTION CARRIED. 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 That as recommended by the City Manager in the submitted report M&C 2022- 028: Proposed Public Hearing Date - 35 Margaret Street, Common Council schedule the public hearings for the Zoning By-law rezoning application submitted by Alan Goebel for 14 COMMON COUNCIL / CONSEIL COMMUNAL February 7th, 2022 / le 7 fevrier 2022 35 Margaret Street (PID 00316950) for Monday, April 4, 2022, at 6:30 p.m. at the Council Chamber, City Hall 2nd floor, 15 Market Square, Saint John, NB. 5.2 That as recommended by the City Manager in the submitted report M&C 2022- 037: Environmental Trust Fund Letter of Offer Re: GUDI Assessment for South Bay Wellfield - 3 wells, the Mayor and City Clerk be authorized to sign the submitted Environmental Trust Fund Letter of Offer, Re: GUDI Assessment for South Bay Wellfield - 3 wells. 5.3 That the submitted report M&C 2022-031: Issuing Request for Proposals for Off - Season Arena Ice, be received for information. 5.4 That as recommended by the Planning Advisory Committee in the submitted report entitled Money in -lieu of Land for Public Purposes 120 Paddy's Hill Drive, Common Council accept a money in -lieu of Land for Public Purposes dedication for the proposed Simpson Truck and Tractor Parts Ltd. Subdivision at 120 Paddy's Hill Drive. 5.5 That as recommended by the City Manager in the submitted report M&C 2022- 036: Canada Games Aquatic Center - COVID Relief Funding, the City enter into a Memorandum of Understanding with the Saint John Aquatic Center Commission in the form as attached to M&C No. 2022-036 for the provision of COVID Relief Funding to the Commission for the Canada Games Aquatic Center, and that the Mayor and Clerk be authorized to execute the said Memorandum of Understanding and any other document ancillary thereto. 5.6 That as recommended by the City Manager in the submitted report M&C 2022- 030: Engineering Services: Charlotte Street (St. James Street to Lower Cove Loop) and St. James Street (Germain Street to Charlotte Street) - Street Reconstruction, the proposal from Englobe Corp., for engineering design and construction management services for Charlotte Street (St. James Street to Lower Cove Loop) and St. James Street (Germain Street to Charlotte Street) — Street Reconstruction in the amount of $228,359.82 including HST be accepted and that the Mayor and City Clerk be authorized to execute the appropriate documentation in that regard. Moved by Deputy Mayor MacKenzie, seconded by Councillor Harris: RESOLVED that the recommendation set out in each consent agenda item respectively be adopted. MOTION CARRIED UNANIMOUSLY 6. Members Comments 7. Proclamation 7.1 Black Lives Matter Mayor Noade Reardon proclaimed the Black Lives Matter proclamation. 8. Delegations/Presentations 9. Public Hearings - 6:30pm 15 COMMON COUNCIL / CONSEIL COMMUNAL February 7th, 2022 / le 7 fevrier 2022 9.1. Proposed Zoning By -Law Amendment with Planning Advisory Committee report recommending Rezoning and Staff Presentation - 1429 Loch Lomond Road Ost and 2nd Reading) Commissioner Hamilton advised the application is for a proposed rezoning application to permit the rezoning of the site from its current R2 zone to the low and mid -rise residential zone to permit the development of a multiple residential development consisting of 82 units. The application was first considered by the Planning Advisory Committee last fall but has been substantially amended since that time to reduce the overall height and density of the project to address concerns expressed by area residents. The amended application was considered by the PAC at their meeting on January 181", 2022. This recommendation includes enhanced conditions related to external design and buffering to address concerns raised by members of the public. The supplemental staff report gives effect to the views expressed by the PAC. Referring to the submitted report M&C 2022-027: Supplemental Report — 1429 Loch Lomond Road, Senior Planner M. Reade presented an overview of the rezoning application to construct a development consisting of multiple unit buildings. The PAC and City staff recommendations are aligned. Mayor Noade Reardon called the Public Hearing to Order. The Mayor called for registered members of the public to speak against the proposed amendment with the following registered members of the public presenting: Christina O'Keefe presented against the rezoning application; her reasons included the following: • A rezoning for 76 lots was denied before in 2011 • This residential area is not zoned for apartments. There are existing areas zoned for the proposed type of development. Janice Goodine-Shannon presented against the application stating: • Not supported by the Municipal Plan • Depiction of the development is not accurate • Environmental impacts exhaust from cars. Barry Shannon presented against the application citing: • Construction dust and dirt • Quality of life. Environmental concerns • Not adequate turn around for fire access • Existing restrictive covenants • Existing zoning is single family residential not apartments. Trudy Hanley presented against the rezoning stating: • The proposal does not follow the existing Municipal Plan and standards for development. • The development is overwhelming in scope. • Alternate properties are available. • It is inappropriate development for the sake of growth. COMMON COUNCIL / CONSEIL COMMUNAL February 7th, 2022 / le 7 fevrier 2022 Moved by Councillor Killen, seconded by Councillor Hickey: RESOLVED that the meeting adjourn for a 10-minute recess at 7:28 p.m. MOTION CARRIED. The Mayor reconvened the meeting at 7:38 p.m. Mark McDermott, a registered participant was called to speak but did not appear. Tom Smith and Crystal Smith spoke in opposition to the proposed development. Their objections included: • Rents for this area will be high, this will not meet needs of the City; only 9 affordable units are in the proposed development. • Transit routes in the area are not good. Lynn Grass spoke in opposition to the development stated: • Property values for single-family homeowners in the area will drop. • Environmental Impact of run off onto the lake. The Mayor called for additional members of the public to speak against the proposal with Seamus Hanley presenting. Seamus Hanley spoke against the development stating: • Decrease in property values. • Does not follow current zoning. • The proposed affordable units are not guaranteed, they are dependent on the provincial government providing funding. There being no further members of the public requesting to speak in opposition the Mayor called for those registered to speak in favour of the proposed amendment with the following members of the public presenting: • Michael Goldenberg the developer presenting, citing the need for housing in Saint John. • Paul Magnion the co -developer presenting in support. • Jeff Cyr Director Real Estate and Special Projects with Envision Saint John presenting in support. • Andrew Toole Engineering Consultant in support of the application. • Joe Pelletier SpitFire Design presenting in support of the application. The Mayor called for anyone else to present in favour. There were no further submissions. Mayor Noade Reardon closed the public hearing. Responding to questions to clarify the comments made by some of the speakers that the project does not align with the Municipal Plan, Commissioner Hamilton stated that the proposal is very much consistent with the Municipal Plan. We are not looking for an amendment to the Municipal Plan, this is a rezoning proposal which by its very nature is allowable for Council to consider under the current land use designation, which in this case is Stable Residential. The Plan very much acknowledges that the Stable Residential designation allows a wide variety of housing types of various forms and density, and 17 COMMON COUNCIL / CONSEIL COMMUNAL February 7th, 2022 / le 7 fevrier 2022 importantly that neighbourhoods will evolve over time, they are not static. The needs of our community change and the Plan gives that framework for Council to consider rezoning proposals to allow for that neighbourhood change to happen in a manner that is controlled. In doing so Council must consider the various policies in the Municipal Plan and planning staff provide that full analysis. You will find in your package a complete assessment of the proposal. Staff look at whether the proposal is compatible, is it well integrated in the neighbourhood, are there services there to support the development, and does it meet the overarching goals of the Municipal Plan which are to encourage and drive residential growth to the Primary Development Area. This proposal is within the Primary Development Area. Another consideration looking at a change like this is does it compliment and provide a housing need that does not currently exist. Certainly, in this case we are trying to develop and evolve into a more complete community with a variety of housing options to serve our residents, not only today but moving to the future. These key considerations form staffs professional opinion and planning advice. We believe the proposal very much is aligned with the Municipal Plan and strengthens our growth aspirations for the community. Responding to question, Mr. Reade commented a timeline of 5 years is indicated. A timeline can be included in conjunction with third reading when s. 59 conditions are imposed. A traffic study was conducted. The City Manager advised traffic flows are analyzed and can be monitored. Section 59 conditions are reviewed on third reading. Staff can address the issues Council have raised. Moved by Councillor Harris, seconded by Councillor Killen: RESOLVED that the by-law entitled "A Law to Amend the Zoning By -Law of The City of Saint John" amending Schedule "A", the Zoning Map of The City of Saint John, by rezoning a parcel of land having an area of approximately 0.97 hectares, located at 1429 Loch Lomond Road, also identified as a portion of PID 00312900, from Two -Unit Residential (R2) to Mid -Rise Residential (RM); and amending Schedule "A", the Zoning Map of The City of Saint John, by rezoning a parcel of land having an area of approximately 0.95 hectares, located at 1429 Loch Lomond Road, also identified as a portion of PID 00312900, from Two -Unit Residential (R2) to Low -Rise Residential (RL), be read a first time. MOTION CARRIED with Councillors Radwan, Stewart, Ogden, and Lowe voting nay. Read a first time by title, the by-law entitled "A Law to Amend the Zoning By -Law of The City of Saint John". Moved by Councillor Harris, seconded by Councillor Killen: RESOLVED that the by-law entitled "A Law to Amend the Zoning By -Law of The City of Saint John" amending Schedule "A", the Zoning Map of The City of Saint John, by rezoning a parcel of land having an area of approximately 0.97 hectares, located at 1429 Loch Lomond Road, also identified as a portion of PID 00312900, from Two -Unit Residential (R2) to Mid -Rise Residential (RM); and amending Schedule "A", the Zoning Map of The City of Saint John, by rezoning a parcel of land having an area of approximately 0.95 hectares, located at 1429 Loch Lomond Road, also identified as a portion of PID 00312900, from Two -Unit Residential (R2) to Low -Rise Residential (RL), be read a second time. iF:1 COMMON COUNCIL / CONSEIL COMMUNAL February 7th, 2022 / le 7 fevrier 2022 MOTION CARRIED with Councillors Radwan, Stewart, Ogden, and Lowe voting nay Read a second time by title, the by-law entitled "A Law to Amend the Zoning By -Law of The City of Saint John". 10. Consideration of By -Laws 10.1. Feedback and Follow-up on Alternate Side Parkinq program North, East, and West Sides (Traffic By -Law Amendment 1st and 2nd Reading) Referring to the staff report M&C 2022-034 Commissioner Hugenholtz advised of the study undertaken and the recommendation that Council adopt 1 st and 2nd reading of the submitted bylaw. Moved by Councillor Hickey, seconded by Councillor Harris: RESOLVED that the by-law entitled, "By -Law Number MV-10.1 A By -Law to amend a By - Law respecting the Traffic on Streets in the City of Saint John and amendments thereto" amending Schedule "G" Alternate Side Parking, be read a first time. MOTION CARRIED. Read a first time by title, the by-law entitled "By -Law Number MV-10.1 A By -Law to amend a By -Law respecting the Traffic on Streets in the City of Saint John and amendments thereto". Moved by Councillor Hickey, seconded by Councillor Harris: RESOLVED that the by-law entitled, "By -Law Number MV-10.1 A By -Law to amend a By - Law respecting the Traffic on Streets in the City of Saint John and amendments thereto" amending Schedule "G" Alternate Side Parking, be read a second time. MOTION CARRIED. Read a second time by title, the by-law entitled "By -Law Number MV-10.1 A By -Law to amend a By -Law respecting the Traffic on Streets in the City of Saint John and amendments thereto". 10.2. Traffic By -Law Amendment (3rd Readin Commissioner Hugenholtz advised that the third reading of the proposed bylaw will enable the City's Parking Bylaw Enforcement Officers to cause vehicles to be towed in the event of an overnight parking ban. Moved by Councillor Lowe, seconded by Councillor Radwan: RESOLVED that the by-law entitled, "By -Law Number MV-10.1 A By -Law to Amend a By - Law respecting the Traffic on Streets in The City of Saint John and amendments thereto" repealing and replacing Section 4.1 regarding the authorization of vehicles to be towed during parking bans, be read. MOTION CARRIED. COMMON COUNCIL / CONSEIL COMMUNAL February 7th, 2022 / le 7 fevrier 2022 The by-law entitled, "By -Law Number MV-10.1 A By -Law to Amend a By -Law respecting the Traffic on Streets in The City of Saint John and amendments thereto" was read in its entirety. Moved by Councillor Radwan, seconded by Councillor Lowe: RESOLVED that the by-law entitled, "By -Law Number MV-10.1 A By -Law to Amend a By - Law respecting the Traffic on Streets in The City of Saint John and amendments thereto" repealing and replacing Section 4.1 regarding the authorization of vehicles to be towed during parking bans, be read a third time, enacted, and the Corporate Common Seal affixed thereto. MOTION CARRIED. Read a third time by title, the by-law entitled, "By -Law Number MV-10.1 A By -Law to Amend a By -Law respecting the Traffic on Streets in The City of Saint John and amendments thereto". 11. Submissions by Council Members Moved by Councillor Hickey, seconded by Councillor Lowe: RESOLVED that in accordance with the Procedural Bylaw the meeting be extended beyond 10:00 p.m. MOTION CARRIED with Councillors Sullivan and Harris voting nay. 12. Business Matters -Municipal Officers 12.1 MoveSJ Roundabout and Road Safety Strategies Referring to the submitted report entitled M&C 2022-29: MoveSJ Roundabput and Road Safety Strategies Director T. O'Reilly outlined two MoveSJ strategies, the Road Safety Strategy and Roundabout Strategy. Staff intend to present the remaining MoveSJ Phase 3 Results prior to requesting endorsement by Common Council. Moved by Councillor Harris, seconded by Councillor Hickey: RESOLVED that the submitted report M&C 2022-29: MoveSJ Roundabout and Road Safety Strategies, be received for information. MOTION CARRIED. 12.2 Fundy Quay Public Space Project Scope Commissioner McGovern and Jeff Cyr Envision Saint John updated Council on the project scope development. Moved by Councillor Harris, seconded by Councillor Sullivan: RESOLVED that as recommended by the City Manager in the submitted report M&C 2022-38: Fundy Quay Public Space Project Scope, Common Council direct the City Manager to: 1. Remove the pedway from the Fundy Quay scope of work. K91 COMMON COUNCIL / CONSEIL COMMUNAL February 7th, 2022 / le 7 fevrier 2022 2. Work with the Province of New Brunswick and the Government of Canada to retain all funding associated with the pedway such that the funding can be used in the public space to achieve the full scope of the project as presented in M&C No. 2022- 38, and 3. Complete the preparation of tender documents and proceed with tendering the Fundy Quay Public Space project based upon the full project scope as outlined in M&C No. 2022-38. MOTION CARRIED. 13. Committee Reports 13.1 Public Safety Committee (Verbal Update) The Chair of the Public Safety Committee Councillor Hickey advised Council the Public Safety Committee met on February 2nd, 2022. No items discussed at the Committee meeting require adoption by Common Council. Highlights of the meeting were provided. Moved by Councillor Killen, seconded by Councillor Ogden: RESOLVED that the Public Safety Committee verbal update be received for information. MOTION CARRIED. 13.2 Finance Committee: North Depot Relocation The Chair of the Finance Committee Councillor Sullivan advised Council the Finance Committee met on January 26t", 2022. One item discussed at the meeting and described more fully in M&C 2022-032 requires adoption by Common Council. Additional highlights from the meeting were presented. Moved by Councillor Sullivan, seconded by Councillor Hickey: RESOLVED that as recommended by the Finance Committee in the submitted report M&C 2022-032: North Depot Relocation, Common Council amend the 2022 Capital Budget to include $1.873 million from the Capital Reserve Fund to relocate the North Depot services to Rothesay Avenue and relocate Fleet Services to the Transit Building. MOTION CARRIED 14. Consideration of Issues Separate from Consent Agenda 15. General Correspondence 16. Supplemental Agenda 17. Committee of the Whole 17.1 Option Agreement - Option Agreement Fundy Quay Moved by Councillor Hickey, seconded by Councillor Sullivan: 21 COMMON COUNCIL / CONSEIL COMMUNAL February 7th, 2022 / le 7 fevrier 2022 RESOLVED that as recommended by the Committee of the Whole, having met on February 7, 2022, the City enter into the Amended and Restated Option Agreement in the form as attached to M&C 2022-039, being a version of the Option Agreement entered into on December 19, 2019 as supplemented and amended by Amendments #1- 5, amended and restated on December 13, 2021, and new amendments and restated, with Fundy Quay Developments Inc. for the purpose of amending to reflect proposed changes to the City's obligations to perform site preparation work and certain negotiated changes between the parties regarding the form of lease in respect of the Fundy Quay Development and that the Mayor and City Clerk be authorized to execute the said Amended and Restated Option Agreement and any document ancillary thereto or necessary to effect the transaction. MOTION CARRIED. 17.2 Construction License North Market Street Moved by Deputy Mayor MacKenzie, seconded by Councillor Harris: RESOLVED as recommended by the Committee of the Whole, having met on February 7, 2022, the City enter into a License Agreement in the form as presented to Committee of Whole at its February 7, 2022, meeting with Fundy Harbour Estates Inc. for the purpose of constructing an accessible ingress and egress on the existing sidewalk infrastructure on North Market St., and that the Mayor and City Clerk be authorized to execute the said License Agreement and any document ancillary thereto. MOTION CARRIED. 17.3 Recommended Disability Benefits Moved by Councillor Harris, seconded by Councillor Killen: RESOLVED that as recommended by the Committee of the Whole having met on February 7, 2022, and in light of the approval letter received from Service Canada (Canada Pension Plan) respecting employee ID No. (which is identified in the confidential report M&C 2022-016), said employee be awarded disability benefits payable by the employer in accordance with the arrangement that was put in place regarding the payment of such benefits at the time of the conversion of the City's former pension plan to the current Shared Risk Plan. MOTION CARRIED. 17.4 McAllister Industrial Park - Sale of Land Moved by Councillor Ogden, seconded by Deputy Mayor MacKenzie: RESOLVED that as recommended by the Committee of the Whole, having met on February 7, 2022, the City enter into an Agreement of Purchase and Sale with Liam McDonough in the form as presented to Committee of the Whole at its February 7, 2022, meeting for the sale of a 1.85 acre +/- Portion of PID 337386 in the McAllister Industrial Park and that the Mayor and City Clerk be authorized to execute the said Agreement of Purchase and Sale and all documents necessary to effect the land transaction. MOTION CARRIED. 10 WA COMMON COUNCIL / CONSEIL COMMUNAL February 7th, 2022 / le 7 fevrier 2022 17.5 ADDointments to Committees Moved by Councillor Radwan, seconded by Councillor Harris: RESOLVED that as recommended by the Committee of the Whole, having met on November 29, 2021, and subsequently being informed on February 2nd, 2022, the applicant received security clearance, Common Council adopt the following appointment: Saint John Board of Police Commissioners: to appoint Charles Bryant, for a 3-year term from February 7, 2022, to February 7, 2025. MOTION CARRIED. 18. Adjournment Moved by Deputy Mayor MacKenzie, seconded by Councillor Hickey: RESOLVED that the meeting of Common Council held on February 7th, 2022, be adjourned. MOTION CARRIED. The Mayor declared the meeting adjourned at 10:38 p.m. 11 W COMMON COUNCIL REPORT M&C No. 2022-47 Report Date February 14, 2022 Meeting Date February 22, 2022 Service Area Growth and Community Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT: Designation of By-law Enforcement Officer and Acting Deputy Building Inspector AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Amy Poffenroth J Hamilton /A Poffenroth John Collin RECOMMENDATION It is recommended that Common Council adopt the attached resolutions: 1. Appointing Jana Coes as by-law enforcement officer for various City By- laws; and 2. Appointing Christopher McKiel as acting deputy building inspector. EXECUTIVE SUMMARY The purpose of this report is to designate two members of the One Stop Development Shop for the enforcement and administration of a variety of City by- laws. The first is the designation of Jana Coes, a newly hired assistant building inspector, to enforce a number of property -related by-laws, such as the Building By-law, Minimum Property Standards By-law and the Unsightly Premises and Dangerous Buildings and Structures By-law. The second is the appointment of Christopher McKiel as acting deputy building inspector to augment the team who have specific responsibilities under the Building By-law. PREVIOUS RESOLUTION N/A REPORT -2- This report deals with two items to ensure effective operations of the One Stop Development Shop. The first is the designation of Jana Coes, a newly hired assistant building inspector and the second item is to appoint Christopher McKiel as acting deputy building inspector. Once designated, Ms. Coes will be authorized to conduct inspections, issue orders and notices, and lay informations with respect to various by-laws that fall within the scope of the Community Planning Act and the Local Governance Act. Once appointed, Mr. McKiel will be authorized to carry out the duties of the deputy building inspector, including issuing building and occupancy permits, issuing orders to comply, acting as the authority having jurisdiction under the National Building Code of Canada, and making determinations with respect to compliance with the Building By-law. STRATEGIC ALIGNMENT This report aligns with Council's "Growth" and "Belong" Priorities. SERVICEAND FINANCIAL OUTCOMES N/A INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The General Counsel's Office prepared the attached resolutions. ATTACHMENTS Resolution appointing Jana Coes as by-law enforcement officer Resolution appointing Christopher McKiel as acting deputy building inspector i►R COMMON COUNCIL / CONSEIL COMMUNAL February 22, 2022 / le 22 fevrier 2022 RESOLVED, that as recommended by the City Manager, the following resolution be adopted: 1. WHEREAS the Common Council of The City of Saint John has enacted certain by- laws pursuant to the authority of the Local Governance Act, S.N.B. 2017 c.18, and amendments thereto (the "Local Governance Act"), including the Saint John Minimum Property Standards By-law, By-law Number M-14, and amendments thereto (the "Saint John Minimum Property Standards By-law"), and it may from time to time be necessary to commence proceedings in the Provincial Court of the Province of New Brunswick, when a person has violated or failed to comply with the said By-law; AND WHEREAS section 72 of the Local Governance Act provides that a council may appoint by-law enforcement officers for the local government and may determine their terms of office; AND WHEREAS subsection 25(1) of the Saint John Minimum Property Standards By-law provides that a by-law enforcement officer appointed by council may notify the owner or occupier of premises, dwelling, dwelling unit or structure by issuing an Order where the condition of the premises, dwelling, dwelling unit or structure does not comply with said By-law; AND WHEREAS subsection 150(1) of the Local Governance Act provides that proceedings for breach of a by-law shall be commenced in the name of the clerk of the local government or such other person as is designated for that purpose by the council; NOW THEREFORE BE IT RESOLVED, that Jana Coes is hereby appointed as by-law enforcement officer with respect to the enforcement of the Saint John Minimum Property Standards By- law, effective immediately, and this appointment shall continue until she ceases to be an employee of the Growth and Community Services department of The City of Saint John or until it is rescinded by Common Council, whichever comes first; AND BE IT FURTHER RESOLVED, that Jana Coes is hereby appointed and authorized to notify owners and occupiers where the condition of the premises, dwellings, dwelling units or structures does not comply with the Saint John Minimum Property Standards By-law, effective immediately, and this appointment and authorization shall continue until she ceases to be an employee of the Growth and Community Services department of The City of Saint John or until it is rescinded by Common Council, whichever comes first; 41.1 COMMON COUNCIL / CONSEIL COMMUNAL February 22, 2022 / le 22 fevrier 2022 AND BE IT FURTHER RESOLVED, that Jana Coes is hereby designated and authorized to lay informations in the Provincial Court of the Province of New Brunswick for breach of the Saint John Minimum Property Standards By-law, effective immediately, and this designation and authorization shall continue until she ceases to be an employee of the Growth and Community Services department of The City of Saint John or until it is rescinded by Common Council, whichever comes first. 2. WHEREAS the Common Council of The City of Saint John has enacted certain by- laws pursuant to the authority of the Local Governance Act, S.N.B. 2017 c.18, and amendments thereto (the "Local Governance Act"), including the Saint John Minimum Property Standards By-law, By-law Number M-14 and amendments thereto (the "Saint John Minimum Property Standards By-law"), and it may from time to time be necessary to make inspections for the administration and enforcement of the By-law; AND WHEREAS section 72 of the Local Governance Act provides that a council may appoint by-law enforcement officers for the local government and may determine their terms of office; AND WHEREAS subsection 144(2) of the Local Governance Act provides that a council may authorize by-law enforcement officers to enter the land, building or other structure at any reasonable time, and carry out the inspection after giving reasonable notice to the owner or occupant of the land, building or other structure to be entered; NOW THEREFORE BE IT RESOLVED, that Jana Coes, by-law enforcement officer, is hereby appointed as inspection officer and authorized to enter at all reasonable times upon any property within the territorial boundaries of the City of Saint John for the purpose of making any inspection that is necessary for the administration and enforcement of the Saint John Minimum Property Standards By- law which received first and second reading by Common Council on September 10, 2018 and third reading on September 24, 2018, being enacted upon approval by the Minister of Local Government, and/or the Local Governance Act effective immediately, and this authorization shall continue until she ceases to be an employee of the Growth and Community Services department of The City of Saint John or until rescinded by Common Council, whichever comes first. 3. WHEREAS the Common Council of The City of Saint John has enacted certain by- laws pursuant to the authority of the Local Governance Act, S.N.B. 2017 c.18, and 2 WA COMMON COUNCIL / CONSEIL COMMUNAL February 22, 2022 / le 22 fevrier 2022 amendments thereto (the "Local Governance Act"), including the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law, By-law Number M-30, and amendments thereto (the "Saint John Unsightly Premises and Dangerous Buildings and Structures By-law"), and it may from time to time be necessary to commence proceedings in the Provincial Court of the Province of New Brunswick, when a person has violated or failed to comply with the said By- law; AND WHEREAS section 72 of the Local Governance Act provides that a council may appoint by-law enforcement officers for the local government and may determine their terms of office; AND WHEREAS subsections 132(1) and 132(2) of the Local Governance Act provide that an officer appointed by council may notify the owner or occupier of premises, a building or structure by notice in the form prescribed by regulation when a condition exists pursuant to subsections 131(1), 131(2) or 131(3) of the said Act; AND WHEREAS subsection 150(1) of the Local Governance Act provides that proceedings for breach of a by-law shall be commenced in the name of the clerk of the local government or such other person as is designated for that purpose by the council; NOW THEREFORE BE IT RESOLVED, that Jana Coes is hereby appointed as by-law enforcement officer with respect to the enforcement of the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law, effective immediately, and this appointment shall continue until she ceases to be an employee of the Growth and Community Services department of The City of Saint John or until it is rescinded by Common Council, whichever comes first; AND BE IT FURTHER RESOLVED, that Jana Coes is hereby appointed and authorized to notify owners and occupiers with respect to premises, buildings or structures that are unsightly; buildings or structures that are a hazard to the safety of the public by reason of being vacant or unoccupied; buildings or structures that are a hazard to the safety of the public by reason of dilapidation or unsoundness of structural strength, as set out in the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law, effective immediately, and this appointment and authorization shall continue until she ceases to be an employee of the Growth and Community Services department of The City of Saint John or until it is rescinded by Common Council, whichever comes first; 3 4.11 COMMON COUNCIL / CONSEIL COMMUNAL February 22, 2022 / le 22 fevrier 2022 AND BE IT FURTHER RESOLVED, that Jana Coes is hereby designated and authorized to lay informations in the Provincial Court of the Province of New Brunswick for breach of the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law, effective immediately, and this designation and authorization shall continue until she ceases to be an employee of the Growth and Community Services department of The City of Saint John or until it is rescinded by Common Council, whichever comes first. 4. WHEREAS the Common Council of The City of Saint John has enacted certain by- laws pursuant to the authority of the Local Governance Act, S.N.B. 2017 c.18, and amendments thereto (the "Local Governance Act"), including the Saint John Unsightly Premises and Dangerous Buildings and Structures By- law, By-law Number M-30 and amendments thereto (the "Saint John Unsightly Premises and Dangerous Buildings and Structures By-law"), and it may from time to time be necessary to make inspections for the administration and enforcement of the By- law; AND WHEREAS section 72 of the Local Governance Act provides that a council may appoint by-law enforcement officers for the local government and may determine their terms of office; AND WHEREAS subsection 144(2) of the Local Governance Act provides that a council may authorize officers enter the land, building or other structure at any reasonable time, and carry out the inspection after giving reasonable notice to the owner or occupant of the land, building or other structure to be entered; NOW THEREFORE BE IT RESOLVED, that Jana Coes, by-law enforcement officer, is hereby appointed as an inspection officer and authorized to enter at all reasonable times upon any property within the territorial boundaries of the City of Saint John for the purpose of making any inspection that is necessary for the administration and enforcement of the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law which received first and second reading by Common Council on May 22, 2018 and third reading on June 4, 2018, being enacted upon approval by the Minister of Local Government, and/or the Local Governance Act effective immediately, and this authorization shall continue until she ceases to be an employee of the Growth and Community Services department of The City of Saint John or until rescinded by Common Council, whichever comes first. 4 Wel COMMON COUNCIL / CONSEIL COMMUNAL February 22, 2022 / le 22 fevrier 2022 5. WHEREAS subsection 135(4) of the Local Governance Act, S.N.B. 2017 c.18, and amendments thereto, provides that within thirty days after the terms of a notice have been complied with or a debt due to a local government or due to the Minister of Finance, as the case may be, is discharged, the local government shall provide a certificate in the form prescribed by regulation which requires that the corporate seal of the local government be affixed; NOW THEREFORE BE IT RESOLVED, that Jonathan A. Taylor, City Clerk, is hereby authorized to affix the corporate seal of The City of Saint John to a Certificate of Discharge that is issued by Jana Coes under the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law, and such authorization shall continue until Jonathan A. Taylor ceases to be the City Clerk of The City of Saint John or until it is rescinded by Common Council, whichever comes first. 6. WHEREAS the Common Council of The City of Saint John has enacted certain by- laws pursuant to the authority of the Community Planning Act, S.N.B 2017, c. 19, and amendments thereto (the "Community Planning Act"), including the Saint John Building By-law, By-law Number C.P. 103 and amendments thereto (the "Saint John Building By-law"), and it may from time to time be necessary to make inspections for the administration of the By-law; AND WHEREAS subsection 133(1) of the Community Planning Act provides that a council may authorize persons at all reasonable times, and with the consent of the owner or occupant, enter any land, building or premises for the purposes of inspection if the Director, the development officer or the person authorized by the Minister or the council has reasonable grounds to believe that a development or form of development on or in the land, building or premises violates a provision of this Act or the regulations or a by-law or an order made under this Act; NOW THEREFORE BE IT RESOLVED, that Jana Coes is hereby authorized at all reasonable times, and with the consent of the owner or occupant, enter any land, building or premises within the territorial boundaries of the City of Saint John for the purpose of making any inspection that is necessary for the administration and enforcement of the Saint John Building By-law, effective immediately, and this authorization shall continue until she ceases to be an employee of the Growth and Community Services department of The City of Saint John or until rescinded by Common Council, whichever comes first. 7. WHEREAS the Common Council of The City of Saint John has enacted certain by- laws pursuant to the authority of the Community Planning Act, S.N.B 2017, c. 19, 5 10191 COMMON COUNCIL / CONSEIL COMMUNAL February 22, 2022 / le 22 fevrier 2022 and amendments thereto (the "Community Planning Act"), including the Saint John Building By-law, By-law Number C.P. 103, and amendments thereto (the "Saint John Building By-law"), and it may from time to time be necessary to make orders for the administration and enforcement of the By-law; AND WHEREAS subsection 134(1) of the Community Planning Act provides that a council may authorize persons to, when a development is undertaken in violation of the Community Planning Act, a by-law or regulation under the Community Planning Act, a by-law or terms and conditions imposed on the development, order the cessation of the development, alteration of such development so as to remove the violation, or the doing of anything required to restore the land, building or structure to its condition immediately prior to the undertaking of such development; NOW THEREFORE BE IT RESOLVED, that Jana Coes is hereby authorized to, when a development is undertaken in violation of the Community Planning Act, the Saint John Building By-law or the terms and conditions imposed on the development, order the cessation of the development, alteration of such development so as to remove the violation, or the doing of anything required to restore the land, building or structure to its condition immediately prior to the undertaking of such development, effective immediately, and this authorization shall continue until she ceases to be an employee of the Growth and Community Services department of The City of Saint John or until rescinded by Common Council, whichever comes first. 8. WHEREAS the Common Council of The City of Saint John has enacted certain by- laws pursuant to the authority of the Community Planning Act, S.N.B 2017, c. 19, and amendments thereto (the "Community Planning Act"), including the Saint John Building By-law, By-law Number C.P. 103, and amendments thereto (the "Saint John Building By-law"), and it may from time to time be necessary to commence proceedings in the Provincial Court of the Province of New Brunswick, when a person has violated or failed to comply with the said By-law; AND WHEREAS paragraph 137(a) of the Community Planning Act provides that no person shall violate or fail to comply with a provision of a by-law made under this Act; AND WHEREAS section 139 of the Community Planning Act provides that proceedings for an offence under this Act shall be commenced in the name of the Minister or the clerk of the local government or any other person who is designated for that purpose by the council; 6 31 COMMON COUNCIL / CONSEIL COMMUNAL February 22, 2022 / le 22 fevrier 2022 NOW THEREFORE BE IT RESOLVED, that Jana Coes is hereby designated and authorized to lay informations in the Provincial Court of the Province of New Brunswick for breach of the SaintJohn Building By-law, effective immediately, and this appointment and authorization shall continue until she ceases to be an employee of the Growth and Community Services department of The City of Saint John or until it is rescinded by Common Council, whichever comes first. 9. WHEREAS, the Common Council of The City of Saint John has enacted certain by- laws pursuant to the authority of the Local Governance Act, S.N.B. 2017 c.18, including the SaintJohn Dog Control By-law, By-law Number M-13, and the Mobile Home Parks By-law, By-law Number M-20, including all amendments thereto, and it may from time to time be necessary to commence proceedings in the Provincial Court of the Province of New Brunswick, when a person has contravened or failed to comply with these By-laws; AND WHEREAS section 72 of the Local Governance Act provides that a council may appoint by-law enforcement officers for the local government and may determine their terms of office; AND WHEREAS subsection 150(1) of the Local Governance Act provides that proceedings for breach of a by-law shall be commenced in the name of the clerk of the local government or such other person as is designated for that purpose by the council; NOW THEREFORE BE IT RESOLVED, that Jana Coes is hereby appointed as by-law enforcement officer with respect to the enforcement of the Saint John Dog Control By-law and the Mobile Home Parks By-law, effective immediately, and this appointment shall continue until she ceases to be an employee of the Growth and Community Services department of The City of Saint John or until it is rescinded by Common Council, whichever comes first; AND BE IT FURTHER RESOLVED, that Jana Coes is hereby designated and authorized to lay informations in the Provincial Court of the Province of New Brunswick for breach of the SaintJohn Dog Control By-law and the Mobile Home Parks By-law, effective immediately, and this appointment and authorization shall continue until she ceases to be an employee of the Growth and Community Services department of The City of Saint John or until it is rescinded by Common Council, whichever comes first. rA WA COMMON COUNCIL / CONSEIL COMMUNAL February 22, 2022 / le 22 fevrier 2022 10. WHEREAS, the Common Council of The City of Saint John has enacted certain by- laws pursuant to the authority of the Community Planning Act, S.N.B 2017, c. 19, and amendments thereto, (the "Community Planning Act"), including the City of Saint John Flood Risk Areas By-law, By-law Number C.P. 11, and The Zoning By- law, By-law Number C.P. 110, including all amendments thereto, and it may from time to time be necessary to commence proceedings in the Provincial Court of the Province of New Brunswick, when a person has contravened or failed to comply with these By-laws; AND WHEREAS paragraph 137(a) of the Community Planning Act provides that no person shall violate or fail to comply with a provision of a by-law made under this Act; AND WHEREAS section 139 of the Community Planning Act provides that proceedings for an offence under this Act shall be commenced in the name of the Minister or the clerk of the local government or any other person who is designated for that purpose by the council; NOW THEREFORE BE IT RESOLVED, that Jana Coes is hereby designated and authorized to lay informations in the Provincial Court of the Province of New Brunswick for breach of the City of SaintJohn Flood Risk Areas By-law and The Zoning By-law, effective immediately, and this appointment and authorization shall continue until she ceases to be an employee of the Growth and Community Services department of The City of Saint John or until it is rescinded by Common Council, whichever comes first. 8 COMMON COUNCIL / CONSEIL COMMUNAL February 22, 2022 / le 22 fevrier 2022 RESOLVED, that as recommended by the City Manager, the following resolution be adopted: 1. WHEREAS the Common Council of The City of Saint John has enacted certain by- laws pursuant to the authority of the Community Planning Act, S.N.B 2017, c. 19, and amendments thereto (the "Community Planning Act"), including A By-law Respecting the Construction, Repair and Demolition of Buildings and Structures in The City of Saint John, By-law Number C.P. 103 and amendments thereto (the "Saint John Building By-law"); AND WHEREAS subsection 27(3) of the Saint John Building By-law provides that Council may appoint a deputy building inspector who shall be subject to the direction of the building inspector; AND WHEREAS subsection 2(3) of the Saint John Building By-law defines "deputy building inspector" as the person appointed by Council as deputy building inspector or any person appointed by Council to act in the deputy building inspector's place; NOW THEREFORE BE IT RESOLVED, that Christopher McKiel is hereby appointed to act in the deputy building inspector's place, effective immediately, and this appointment shall continue until he ceases to be an employee of the Growth and Community Services department of The City of Saint John or until rescinded by Common Council, whichever comes first. COMMON COUNCIL REPORT M&C No. 2022-046 Report Date February 14, 2022 Meeting Date February 22, 2022 Service Area Utilities and Infrastructure Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT. Engineering Services: Garden Street (City Road to Coburg Street) — Infrastructure Renewal & Street Reconstruction AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager John Campbell J. Brent McGovern / Michael Baker John Collin RECOMMENDATION It is recommended that the proposal from Englobe Corp., for engineering design and construction management services for Garden Street (City Road to Coburg Street) Infrastructure Renewal & Street Reconstruction in the amount of $211,744.04 including HST be accepted and that the Mayor and City Clerk be authorized to execute the appropriate documentation in that regard. EXECUTIVE SUMMARY The work on Garden Street includes the replacement of the existing watermain and sanitary sewer, the installation of a new storm sewer for separation, two new signalized intersections as well as a full street reconstruction. The purpose of this report is to recommend that Council award the contract for Engineering Services for the design and construction management services for Garden Street (City Road to Coburg Street) to Englobe Corp. PREVIOUS RESOLUTIONS November 15, 2021: M&C 2021-303 — 2022 General Fund and Utility Fund Capital Budgets, approved. November 29, 2021: M&C 2021-334 — Revised 2019-2023 Canada Community - Building Fund (Formallythe Gas Tax Fund) Capital Investment Plan & General Fund Capital Program — Revision I, approved. W -2- REPORT BACKGROUND The approved 2022 Water & Sewerage Utility Fund and General Fund Capital Programs include funding for design and construction management for infrastructure renewal (water and sanitary), new storm sewers, signalized intersections and street reconstruction on Garden Street (City Road to Coburg Street). The design of the work will commence immediately following award of the Engineering Services and execution of the subsequent Agreement. A Request for Proposal (RFP) was advertised to engage an Engineering firm to carry out the following services for the project and included the following components: • PartA —Site Surveys, Preliminary Investigation and Data Collection • Part B— Preliminary Design, Cost Estimates and Design Report • Part C—Conduct Public Consultation Process • Part D — Detailed Design • Part E — Tender Period Services, Materials Testing & Inspection, Red Books and Record Drawings • Part F — Construction Management Iall ilk] a0310 The purpose of this report is to make a recommendation for consulting engineering services for this project. ANALYSIS With a comprehensive terms of reference document developed by staff, a public call for proposals was made for consulting engineering services. The Request for Proposal (RFP) closed on February 3, 2022, with responses received from the following consulting engineering companies: • CBCL Limited, Saint John, NB • Englobe Corp., Saint John, NB A Review Committee consisting of staff from Supply Chain Management and Utilities and Infrastructure Services was formed to evaluate the submissions. Each member completed an independent review of the submissions, and a meeting was held to develop the final ranking of submissions. The Review Committee concluded on their recommendation, which follows later in the report. The evaluation process uses the expertise of a variety of staff from Supply Chain Management and Engineering to ensure a thorough review of the various K11.1 -3- submissions. Care must be taken to ensure that the necessary level of effort and expertise is being directed to the various tasks involved in the work, while still ensuring that costs to be incurred are appropriate and controllable. It is for these reasons that cost, although very important, cannot be the sole nor most critical deciding factor in making the selection of a consulting engineering firm. The Committee was tasked with the role of reviewing each submission against the proposal evaluation criteria as defined in the proposal call document. The criteria consisted of the following: 1. Quality and Completeness — Does the proposal address all the needs raised? Is the proposal presented in an organized and professional manner? 2. Consultant's Experience — Has the consultant demonstrated a level of expertise with the requirements of this project? 3. Experience of Employees / Sub -consultants — Has the consultant demonstrated a level of expertise for the employees of the company and sub consultants listed? 4. Methodology— Does the approach to the project outlined in the proposal address, in a realistic sense, attainable goals and is it in keeping with the City's expectations for the project? 5. Value Added — Has the consultant included any additional information, technology, process, or options in their proposal? 6. Cost — Cost will be a factor, however not the only factor to be considered. Is the price quoted in line with the City's estimate for the work and has it allowed for each aspect of the project to be adequately addressed? After careful, independent consideration of presentation, company experience, personnel and technical proposal, the Review Committee compiled the findings of each member. After completion of the "technical" evaluation, the financial proposals were opened and evaluated. The financial proposals were submitted separately and were not part of the technical review. After due consideration, the Review Committee selected the submission from Englobe Corp. as the best proposal based on an overall rating of the evaluation criteria - presentation, company experience, personnel, technical proposal, value added and cost. The submission from Englobe Corp. met all the requirements of the proposal call, in a manner acceptable to the committee and with a cost- effective bid for the project. I01410011111:10[eL[e14► 1:1►1due] 2:11►Ile] In:11:11ilk] I►ICK41910E-910IM01W The costs incurred by the consultant will be paid in accordance with the terms of the Request for Proposal at the rates submitted and accepted in the consultant's proposal not to exceed the Recommended Hourly Rates as contained in The Association of Consulting Engineering Companies — New Brunswick fee guideline. Kul -4- The Construction Management component of this project fee is based on an estimated 18-week overall construction period. The final fee will be calculated based on the actual construction management period. STRATEGIC ALIGNMENT This report aligns with Council's Priorities for GROW, MOVE AND PERFORM as the project includes reconstructing a city street and intersections that are currently in poor condition with City and Other Share funding. The design of the overall project on Garden Street will incorporate recommendations from the Council approved Central Peninsula Secondary Plan as well as MoveSJ which is currently before Council. SERVICEAND FINANCIAL OUTCOMES The proposed cost of work from Englobe Corp. to provide engineering design and construction management services for the Garden Street (City Road to Coburg Street) — Infrastructure Renewal & Street Reconstruction project is $211,744.04 including HST. This cost is based on an estimated 18-week construction management period. An amount of $2,005,000 is included in the 2022 Water & Sewerage Utility Fund and General Fund Capital Programs (Integrated Bilateral Funding Program) for engineering design and construction management services, and construction for this project. Engineering fees to cover the costs of design and construction management generally do not exceed 15-20% of the total overall project cost, depending on the nature of the project and the engineering services required. This upset fee is approximately 10.6% of the total estimated project cost, which when reviewing the submitted prices from the two consultants would reflect current market value for this type of work. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Supply Chain Management facilitated the RFP process to solicit proposals from Engineering Consultants for the Garden Street project. The committee wastasked with the role of reviewing each submission against the proposal evaluation criteria as defined in the proposal call document. In accordance with the City's policies and procedures, separate assessments of the technical and financial aspects of the submissions were undertaken by the evaluation committee members. The above process is in accordance with the City's Procurement Policy and Supply Chain Management support the recommendation being put forth. ATTACHMENTS N/A K1:3 COMMON COUNCIL REPORT M&C No. 2022-050 Report Date February 14, 2022 Meeting Date February 22, 2022 Service Area Utilities and Infrastructure Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT. Community Development Fund Agreement: City of Saint John — Improvements (Carnegie Building, TD Station & City Market) AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Michael Baker J. Brent McGovern I John Collin RECOMMENDATION It is recommended that the City enter into an Agreement with the Regional Development Corporation (RDC) for funding under the Province of New Brunswick Community Development Fund for the following projects, Carnegie Building (sandstone & brick restoration), Carnegie Building (HVAC & Lighting),TD Station (AV System), TD Station (Elevator Upgrades) and City Market (Lobby & elevator entrance upgrades) in the form and upon the terms and conditions as attached; and that the Mayor, City Manager and City Clerk be authorized to execute the said Agreement. EXECUTIVE SUMMARY The purpose of this report is to seek Common Council's approval to enter into an Agreement with RDC for funding under the Province of New Brunswick Community Development Fund for the following projects: • Carnegie Building (sandstone & brick restoration) • Carnegie Building (HVAC & Lighting) • TD Station (AV System) • TD Station (Elevator Upgrades) • City Market (Lobby & elevator entrance upgrades) PREVIOUS RESOLUTIONS July 26, 2021: M&C 2021-221— Utility and General Fund — 2021 Capital Programs Revision III approved. November 15, 2021: M&C 2021-303 — 2022 General Fund and Utility Fund Capital Budgets, approved. -2- November 29, 2021: M&C 2021-334 — Revised 2019-2023 Canada Community - Building Fund (Formallythe Gas Tax Fund) Capital Investment Plan & General Fund Capital Program — Revision I, approved. REPORT The City of Saint John has been approved for a financial contribution in the amount of 50% of the eligible expenditures or $260,000 toward the various projects. The financial contribution breakdown for the five projects is as follow. • Carnegie Building (sandstone & brick restoration) $150,000 • Carnegie Building (HVAC & Lighting) $120,000 • TD Station (AV System) $25,000 • TD Station (Elevator Upgrades) $150,000 • City Market (Lobby & elevator entrance upgrades) $75,000 As per the agreement, the five projects must be completed, and all claims received by RDC by March 31, 2023. The proposed project will result in the following benefits: • Reduce operating costs, • Reduce infrastructure deficit. Several of the proposed projects have been identified as high priority based on the asset management criteria: risk, LOS, life cycle cost, • Extend the useful service life of the various buildings. STRATEGIC ALIGNMENT The report aligns with Council's priority to PERFORM, as the City obtaining Other Share funding is fiscally responsible as it leverages available City funding to renew more infrastructure. SERVICEAND FINANCIAL OUTCOMES The City of Saint John will receive a total financial contribution in the amount of 50% of the eligible expenditures or $260,000 toward the various projects. The total cost for the five projects is approximately $520,000. The City contribution for the various projects is approximately $260,000. Funding is approved under the 2021 & 2022 General Fund Capital Budgets. -3- INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The Community Development Fund letter has been reviewed by the General Counsel's office. ATTACHMENT 1. Project No.: 14242 - Agreement with the Regional Development Corporation for funding under the Province of New Brunswick Community Development Fund for the following projects: o Carnegie Building (sandstone & brick restoration) o Carnegie Building (HVAC & Lighting) o TD Station (AV System) o TD Station (Elevator Upgrades) o City Market (Lobby & elevator entrance upgrades) !II New Nouveau BrunsWf& C A N A D A February 7, 2022 Her Worship Donna Reardon Mayor of Saint John P.O. Box 1971 15 Market Square Saint John, New Brunswick E2L 41_1 SUBJECT: Project No.: 14242 Project Name: City of Saint John — Improvements (Carnegie Building, TD Station & City Market) Madam 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 $260,000 for 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 Claims for reimbursement of the contribution must be supported by copies of invoices and proof of payment of those invoices. All claims must be received by RDC by March 31, 2023 on forms herein provided. Electronic copies may be obtained at: www.gnb.ca/rdc. All payments will be made by electronic funds transfer. Please complete the attached Direct Deposit Service form. Terms and Conditions 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. Regional Development Corporation/Socl&6 de d6veloppement r6gional P.O. Box/C.P. 6000 Fredericton New Brunswick/Nouveau-Brunswick E313 5H1 Canada www.gnb.ca 342 l 'age 2 4. The applicant will be responsible to cover any cost overruns and will not request any additional funding from RDC for this project. 5. Project work must begin within 60 days of RDC receiving confirmation of financing. 6. 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. 7. 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. 8. The Applicant shall allow any authorized representative of RDC reasonable access to the project site(s) and information. 9. 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. 10. Any costs incurred prior to April 1, 2021 are not considered eligible expenses under this offer. 11. The Applicant must adhere to all labour and environmental laws and regulations 12. 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. 13. Information and documents provided to RDC may be subject to release under Right to Information and Protection of Privacy Act. 14. RDC acknowledges the obligation to make the required payments under this agreement. However, payment of this contribution is subject to appropriation of sufficient funds by the legislature of the Province of New Brunswick. 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(o-)-gnb.ca. Please note that failure to do so within 45 days renders this offer null and void. :1191 Page 3 All inquiries with respect to the project are to be forwarded to Francine Scott at 476-0608 or francine.scott@gnb.ca. We look forward to the successful completion of this project. Sincerely, Cade Libby President Enc. CC.' Hon. Arlene Dunn Francine Scott, Project Executive This offer accepted on behalf of City of Saint John for Project: 14242 — Improvements (Carnegie Building, TD Station & City Market) Mayor: City Manager: Date: Appendix A Project 14242 City of Saint John - Improvements Total Approved Contribution 2021-2022 Community Development Fund 2022-2023 Community Development Fund Project Total Regional Development Corporation will reimburse 50% of eligible costs up to the total approved contribution. Eligible Cost(s) Carnegie Building (sandstone & brick restoration) Carnegie Building (HVAC & lighting) TD Station (AV system) TD Station (Elevator upgrades) City Market (lobby & elevator entrances upgrades) Total The portion of Harmonized Sales Tax (HST) refunded by Canada Revenue Agency is considered ineligible. $37,500 $222,500 $250, 000 $150,000 $120,000 $25,000 $150,000 $75,000 $520, 000 :111 Regional Development Corporation Claim No: r4ewB� `j �au P.O. Box 6000, Fredericton, New Brunswick E3B 5H1 vv �rj� Community Development Fund 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: Project Name: 14242 City of Saint John -Improvements Description of costs Name of Supplier Cheque No, Cheque Amount Invoice Total HST Total Eligible & supported costs (totakHST refund) % of HST refunded by Canada Revenue Agency 71.43% - municipality 22.33% - university ❑ 50% - non-profit organization 100% - other ❑ 0% - none The 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 Print Name Date Title Company Telephone Eligible & supported costs Less., previous advance Add: current advance CITYSJ Vendor 122320-14-14 122320-14-14 Payment request For office use only Claim Reviewer Project Officer Payment Authority 4275 account Date Date Claim Auditor 0. r. W Q �. o , 0.� > w 4. • E' 0 �-a o 0 o � C z Cd h O Cd bo N y '� 1-1cod" O O '� 00 O —� t 0 yN d w q d Q !Vl COMMON COUNCIL REPORT M&C No. 2022-49 Report Date February 16, 2022 Meeting Date February 22, 2022 Service Area Utilities and Infrastructure Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT. Community Development Fund Agreement: Refrigeration System Upgrades — Various Arenas AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Michael Baker J. Brent McGovern I John Collin RECOMMENDATION It is recommended that the City accept the offer of additional funds ($25,000) from the Regional Development Corporation (RDC) for funding from the Community Development Fund for the project entitled "City of Saint John — Improvements (Charles Gorman, Lord Beaverbrook and Steward Hurley Arenas" also known as "Project No.: 14107" as presented to Council at its February 22, 2022, meeting and that the Mayor, City Manager and City Clerk be authorized to execute the said offer. EXECUTIVE SUMMARY The purpose of this report is to seek Common Council's approval to enter into an Agreement with RDC for additional funding under the Province of New Brunswick Community Development Fund for the following project: • Replacement of an existing chiller at the Charles Gorman Arena as well as replacing four existing condensers at the Charles Gorman Arena, Stewart Hurley Arena and Lord Beaverbrook Arena. PREVIOUS RESOLUTIONS May 17, 2021: M&C 2021-124 — Refrigeration System Upgrades — Various Arenas, approved. July 26, 2021: M&C 2021-221— Utility and General Fund — 2021 Capital Programs Revision III, approved. !E:3 -2- REPORT The City of Saint John has been approved for an additional financial contribution in the amount of 50% of the eligible expenditures or $25,000 toward the refrigeration system upgrade project (various locations). This funding is in addition to the $95,000 financial contribution already approved by RDC and Common Council on May 171h, 2021. All conditions from the original agreement remain in effect. The proposed project will result in the following benefits. • Increase energy efficiency and reduce energy costs. • Reduce service and maintenance costs. • Improve operational liability. • Eliminate the risk of having ammonia exposure to the public and City staff. • Reduce capital investment and infrastructure deficit. STRATEGIC ALIGNMENT The report aligns with Council's priority to PERFORM, as the City obtaining Other Share funding is fiscally responsible as it leverages available City funding to renew more infrastructure. SERVICEAND FINANCIAL OUTCOMES The City of Saint John will receive an additional financial contribution in the amount of 50% of the eligible expenditures or $25,000 toward the refrigeration system upgrade project (various locations). The total funding contribution for the refrigeration system upgrade project is approximately $120,000. City contribution for this project is approximately $120,000. Funding for this project is approved under the 2021 General Fund Capital Budget and 2021 Operating Budget. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The Community Development Fund letter has been reviewed by the General Counsel's office. ATTACHMENT 1. Project No.: 14107 - Agreement with the Regional Development Corporation for additional funding under the Province of New Brunswick Community Development Fund for the following project: City of Saint John — Improvements (Charles Gorman, Lord Beaverbrook and Steward Hurley Arenas) NeWANouveau Brunswick C A N A D A February 8, 2022 Her Worship Donna Reardon Mayor of Saint John P.O. Box 1971 15 Market Square Saint John, New Brunswick E2L 41_1 SUBJECT: Project No.: 14107 Project Name: City of Saint John — Improvements (Charles Gorman, Lord Beaverbrook and Steward Hurley Arenas) Madam Mayor: I am pleased to inform you that the above -noted project has obtained an additional financial contribution up to $25,000 from the Community Development Fund. Eligible costs and funding for this project are described in the attached Appendix A. All other conditions and eligible costs as stated in the original letter of offer dated May 4, 2021 remain in effect. Should you have any questions, please do not hesitate to contact Francine Scott at 476-0608 or francine.scott@gnb.ca. If you are in agreement with the terms and conditions of this offer, please sign the letter and return it to the Regional Development Corporation within 30 days at rdc-sdr(a)-gnb.ca. Please note that any conditional acceptance renders this offer null and void. Sin rely, G.�� Cade Libby President Enc. cc: Hon. Arlene Dunn Francine Scott, Project Executive This offer accepted on behalf of City of Saint John for Project: 14107 — Improvements Mayor: City Manager: Date: Regional Development Corporation/Soci6t6 de developpement regional P.O. Box/C.P. 6000 Fredericton New Brunswick/Nouveau-Brunswick E3B 5H1 Canada www.gnb.ca Appendix A Project 14107 City of Saint John — Improvements (Charles Gorman, Lord Beaverbrook and Steward Hurley Arenas) Total Approved Contribution 2021-2022 Community Development Fund $120,000 Project Total: $120,000 Regional Development Corporation will reimburse 50% of eligible costs up to the total approved contribution. Eligible Cost(s) Stewart Hurley Arena condenser $41,995 Lord Beaverbrook Arena condenser (2) $99,581 Charles Gorman Arena condenser & chiller $91,945 HST (28.57%) $10,000 Total $243,521 Ineligible Cost(s) HST (71.43%) $25,028 Total $25, 028 The portion of Harmonized Sales Tax (HST) refunded by Canada Revenue Agency is considered ineligible. 51 Regional Development Corporation Claim No: New.��c .hNouveau P.O. Box 6000, Fredericton, New Brunswick E36 5H1 Brunswick Community Development Fund 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: Project Name: 14107 City of Saint John -Improvements (Charles Gorman, Lord Beaverbrook and Steward Hurley Arenas) Description of eosts Name of Supplier Cheque No. Ch,eq.ue Amount Invoice Total HST Total Eligible & supported eosts (total -HST refund) % of HST refunded by Canada Revenue Aaencv 71.43% - municipality ❑ 22.33% - university 50% - non-profit organization 100% - other 0% - none The 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 Print Name Date Title Company Telephone Eligible & supported costs Less: previous advance Add: current advance CITYSJ Vendor 122320-14-14 122320-14-14 Payment request For office use only @laim Reviewer Project Officer Payment Authority 4275 52 account [late Date Claim Auditor COUNCIL REPORT M&C No. 2022-43 Report Date February 10, 2022 Meeting Date February 22, 2022 Service Area Utilities and Infrastructure Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT. Community Development Fund Agreement: Various Municipal Building Improvements AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Samir Yammine J. Brent McGovern I John Collin RECOMMENDATION It is recommended that the City enter into an Agreement with the Regional Development Corporation for funding under the Province of New Brunswick Community Development Fund for the following project: City of Saint John — Improvements (Carleton Community Center, Shamrock Park & Market Place Playground, Forest Hills Clubhouse and Lord Beaverbrook Rink) Project No. 14238, in the form and upon the terms and conditions as attached; and that the Mayor, City Manager and City Clerk be authorized to execute the said Agreement. EXECUTIVE SUMMARY The purpose of this report is to seek Council's approval to enter into an Agreement with the Regional Development Corporation for funding under the Province of New Brunswick Community Development Fund for the following projects: • Carleton Community Center (Foundation Repairs) • Shamrock Park & Market Place Playground (Upgrades) • Lord Beaverbrook Rink (Upgrades) • Forest Hills Club (Upgrades) PREVIOUS RESOLUTIONS July 26, 2021: M&C 2021-221— Utility and General Fund — 2021 Capital Programs Revision III approved. November 15, 2021: M&C 2021-303 — 2022 General Fund and Utility Fund Capital Budgets, approved. November 29, 2021: M&C 2021-334 — Revised 2019-2023 Canada Community - Building Fund (Formallythe Gas Tax Fund) Capital Investment Plan & General Fund Capital Program — Revision I, approved. 6V -2- REPORT The City of Saint John has been approved for a financial contribution in the amount of 50% of the eligible expenditures or $240,000 toward the various projects. The financial contribution breakdown for the four projects is as follows. • Carleton Community Center (Foundation Repairs) $75,000 • Shamrock Park and Market Place Playground (Upgrades) $75,000 • Lord Beaverbrook Rink (Upgrades) $65,000 • Forest Hills Club (Upgrades) $25,000 As per the agreement, the four projects must be completed, and all claims received by RDC by March 31, 2023. The proposed project will result in the following benefits: • Improved indoor air and ice quality at the LBR, • Reduced operating costs, • Reduced infrastructure deficit. Several of the proposed projects have been identified as high priority based on the asset management criteria: risk, level of service, life cycle cost, and • Extend the useful service life of the various buildings. STRATEGIC ALIGNMENT The report aligns with Council's priority to PERFORM, as the City obtaining Other Share funding is fiscally responsible as it leverages available City funding to renew more infrastructure. SERVICEAND FINANCIAL OUTCOMES The City of Saint John will receive a total financial contribution in the amount of 50% of the eligible expenditures or $240,000 toward the various projects. The total cost for the four projects is approximately $480,000. The City contribution is approximately $240,000. Funding is approved under the 2021 & 2022 General Fund Capital Budgets. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The Community Development Fund letter has also been reviewed by the General Counsel's office. 6'i! -3- ATTACHMENT 1. Project No.: 14238 - Agreement with the Regional Development Corporation for funding under the Province of New Brunswick Community Development Fund for the following projects: Carleton Community Center (Foundation Repairs), Shamrock Park & Market Place Playground (Upgrades), Lord Beaverbrook Rink (Upgrades) and Forest Hills Club (Upgrades). 6191 New/Nouveau Brunswick C A N A D A February 2, 2022 Her Worship Donna Reardon Mayor of Saint John P.O. Box 1971 15 Market Square Saint John, New Brunswick E2L 4L1 SUBJECT: Project No.: 14238 Project Name: City of Saint John — Improvements (Carleton Community Center, Shamrock Park & Market Place Playground, Forest Hills Clubhouse and Lord Beaverbrook Rink) Madam 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 $240,000 for 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 Claims for reimbursement of the contribution must be supported by copies of invoices and proof of payment of those invoices. All claims must be received by RDC by March 31, 2023 on forms www.gnb.ca/rdc. provided. Electronic copies may be obtained at: ww.gnb.ca/rdc. All payments will be made 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. Regional Development Corporation/Societe de d6veloppement regional P.O. Box/C.P. 6000 Fredericton New Brunswick/Nouveau-Brunswick E3B 5H1 Canada www.gnb.ca Page 2 4. The applicant will be responsible to cover any cost overruns and will not request any additional funding from RDC for this project. 5. Project work must begin within 60 days of RDC receiving confirmation of financing. 6. 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. 7. 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. 8. The Applicant shall allow any authorized representative of RDC reasonable access to the project site(s) and information. 9. 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. 10. Any costs incurred prior to January 1, 2022 are not considered eligible expenses under this offer. 11. The Applicant must adhere to all labour and environmental laws and regulations. 12. 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. 13. Information and documents provided to RDC may be subject to release under Right to Information and Protection of Privacy Act. 14. RDC acknowledges the obligation to make the required payments under this agreement. However, payment of this contribution is subject to appropriation of sufficient funds by the legislature of the Province of New Brunswick. 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-gnb.ca. Please note that failure to do so within 45 days renders this offer null and void. 61FA All inquiries with respect to the project are to be forwarded to Francine Scott at 476-0608 or francine.scott@gnb.ca. We look forward to the successful completion of this project. Sincerely, G Cade Lib y President Enc. cc: Hon. Arlene Dunn Francine Scott, Project Executive This offer accepted on behalf of City of Saint John for Project: 14238 — Improvements (Carleton Community Center, Shamrock Park & Market Place Playground, Forest Hills Clubhouse and Lord Beaverbrook Rink) Mayor: City Manager: Date: 611:3 Appendix A Project 14238 City of Saint John - Improvements Total Approved Contribution 2022-2023 Community Development Fund $240,000 Project Total: $240,000 Regional Development Corporation will reimburse 50% of eligible costs up to the total approved contribution. Eligible Cost(s) Carleton Com Center (foundation repairs) $150,000 Shamrock Park & Market Place playground (upgrades) $150,000 Lord Beaverbrook Rink (upgrades) $130,000 Forest Hills Club (upgrades) $50,000 Total $480,000 The portion of Harmonized Sales Tax (HST) refunded by Canada Revenue Agency is considered ineligible. 6110.1 Regional Development Corporation Claim No: BrunSWlCk P.O. Box 6000, Fredericton, New Brunswick E3B 5H1 Community Development Fund 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: Project Name: 14238 City of Saint John -Improvements Description of costs Name of Supplier Cheque No. Cheque Amount Invoice' Total HST Total Eligible & supported costs (total -HST refund) % of HST refunded by Canada Revenue Agency 71.43% - municipality 22.33% - university ❑ 50% - non-profit organization 100% - other ❑ 0% - none The 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 Print Name Date Title Company Telephone Eligible & supported costs Lesw previous advance Add: current advance CITYSJ VeTtdor 122,320A 4-14 For office use only Claim Reviewer Project Officer 122320 14-14 Payment Authority 4275 Payment request accodint D ate Date Claim Auditor �0sj rZ U ' 4 0 r. y o o Cd .ci a� ow Cd as i- ~✓ C� F c+ �° Q � co .p to C� Cd Cd "00 N 0 F S. O . . N o p � O N O a 0 N .� O Cd m N•p ^ O N 40 N O a O bA +- E G PC 0 zo av Q a w 4) Q Q lu U •o U � Q c 72 o 3 o p o y co ci tp 0 z bo o WCd o sa O () O -cs 0N o ton" zaaa.�'¢w Q Q w A AI COMMON COUNCIL REPORT M&C No. 2022-042 Report Date February 10, 2022 Meeting Date February 22, 2022 Service Area Utilities and Infrastructure Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT. Community Development Fund Agreement: TD-Station Dasher Boards and Glass Replacement AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Samir Yammine J. Brent McGovern I John Collin RECOMMENDATION It is recommended that the City enter into an Agreement with the Regional Development Corporation (RDC) for funding under the Province of New Brunswick Community Development Fund for the project: City of Saint John — Improvements Project No.: 14344, in the form and upon the terms and conditions as attached; and that the Mayor, City Manager and Common Clerk be authorized to execute the said Agreement. EXECUTIVE SUMMARY The purpose of this report is to seek Common Council's approval to enter into an Agreement with RDC for funding under the Province of New Brunswick Community Development Fund for costs associated with the replacement of the TD-Station — Dasher Boards and Glass System. The project name is City of Saint John — Improvements and the Project number is 14344. PREVIOUS RESOLUTION July 26, 2021: M&C 2021-221— Utility and General Fund — 2021 Capital Programs Revision III approved. REPORT The Community Development Fund will reimburse for costs associated with the replacement of the dasher boards and glass. The board system was at the end of the assets life and no longer conformed to the Quebec Major Junior Hockey League (QMJHL) standards. The City of Saint John has been approved for a financial reimbursement in the amount of 50% of the eligible expenditures or $205,000 toward this project. I' -2- As per the agreement, the project must be completed, and all claims received by RDC by March 31, 2022. Work on the dasher boards and glass at TD Station was completed in late August 2021 at a cost of $421,563.35 plus HST. The TD-Station project results are providing the following benefits. • Improved safety for the TD-Station users, • Allowing TD Station to retain its main anchor tenant beyond 2022, • Allowing TD Station to host major sporting events, such as the 2022 Memorial Cup, and • Extending the useful service life of the TD Station. STRATEGIC ALIGNMENT The report aligns with Council's priority to PERFORM, as the City obtaining Other Share funding is fiscally responsible as it leverages available City funding to renew more infrastructure. SERVICEAND FINANCIAL OUTCOMES The City of Saint John will receive a total financial contribution of up to $205,000 or 50% of the eligible cost toward the TD-Station project. The total cost for the project is approximately $439,631.53 with the HST rebate included. The required City contribution is approximately $234,631.53. City Share funding of $225,000 is approved under the 2021 General Fund Capital Budget. The projected shortfall will be managed within the overall 2021 General Fund Capital Budget. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The Community Development Fund letter has also been reviewed by the General Counsel's office. ATTACHMENTS 1. Project No.: 14344 - Agreement with the Regional Development Corporation for funding under the Province of New Brunswick Community Development Fund for City of Saint John — Improvements (TD Station dasher board system & Glass Replacement). W Wew�'Nouveau unswick C A N A D A July 7, 2021 Her Worship Donna Reardon Mayor of Saint John P.O. Box 1971 15 Market Square Saint John, New Brunswick E2L 41-1 SUBJECT: Project No.: 14344 Project Name: City of Saint John — Improvements Madam 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 $205,000 for 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 Claims for reimbursement of the contribution must be supported by copies of invoices and proof of payment of those invoices. All claims must be received by RDC by March 31, 2022 on forms herein provided. Electronic copies may be obtained at: www.anb.ca/rdc. All payments will be made by electronic funds transfer. Please complete the attached Direct Deposit Service form. Terms and Conditions 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. 4. The applicant will be responsible to cover any cost overruns and will not request any additional funding from RDC for this project. Regional Development CorporatioNSoci&6 de d6veloppement r6gional P.O. Box/C.P. 6000 Fredericton New Brunswick/Nouveau-Brunswick E3B 5H1 Canada www.gnb.ca Page 2 5. Project work must begin within 60 days of RDC receiving confirmation of financing. 6. 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. 7. 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. 8. The Applicant shall allow any authorized representative of RDC reasonable access to the project site(s) and information. 9. 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. 10. Any costs incurred prior to February 1, 2021 are not considered eligible expenses under this offer. 11. The Applicant must adhere to all labour and environmental laws and regulations. 12. 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. 13. Information and documents provided to RDC may be subject to release under Right to Information and Protection of Privacy Act. 14. RDC acknowledges the obligation to make the required payments under this agreement. However, payment of this contribution is subject to appropriation of sufficient funds by the legislature of the Province of New Brunswick. 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()-gnb.ca. Please note that failure to do so within 45 days renders this offer null and void. ICU All inquiries with respect to the project are to be forwarded to Francine Scott at 453-8534 or francine.scott@gnb. ca. We look forward to the successful completion of this project. Sincerely, c Cade Libby President Enc. cc: Hon. Arlene Dunn Francine Scott, Project Executive Mayor: City Manager: Date: This offer accepted on behalf of City of Saint John for Project: 14344 — Improvements C�� Appendix A Project 14344 City of Saint John - Improvements Total Approved Contribution 2021-2022 Community Development Fund $205,000 Project Total: $205,000 Regional Development Corporation will reimburse 50% of eligible costs up to the total approved contribution. Eligible Cost(s) TD Station dasher board system $394,570 HST (28.57%) $16,909 Total $411,479 The portion of Harmonized Sales Tax (HST) refunded by Canada Revenue Agency is considered ineligible. AYA Regional Development Corporation Claim No: New"ANouveau P.O. Box 6000, Fredericton, New Brunswick E3B 5H1 nrunWf& Community Development Fund 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: Project Name: 14344 City of Saint John -Improvements Description of costs Name of Supplier Cheque No. Cheque Amount Invoice Total HST Total Eligible & supported costs (total -HST refund) % of HST refunded by Canada Revenue Aaencv 71.43% - municipality ❑ 22.33% - university 50% - non-profit organization 100% - other ❑ 0% - none The 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 Print Name Date Title Company Telephone Eligible & supported costs Less: previous advance Acid: current advance CITYSJ Vendor 122320-14-14 122320-14-14 Payment request For office use only Claim Reviewer Project Officer Payment Authority 4275 account Date Date Claim Auditor C A A R 0 • m>arw z Qom. . � � ay°oy� po o O 'o .o CD 11 C. ID O 5 N o N (IQ UQ z� Q ' CD Co Co CD M CD (D n 8 to - CD 0 � c' CD C°�,< 0 �°• c"o Y co � as FD A C O cu �. .0 CD Cn C v ty CL o a o � � ua CCD 0 uc O rs IZ A CD o Cu �c o ty N CD 0 -z N ¢ „EA CCD o 0 O N nCD p, 4 O ' o cr OCD 0 � D A :� CCD P N CD0. :P. 0• p O d O 'CD CD CD O z d fD 0 G �' T "� ►s fy `C C p S* CD N o O CD .a �. CD G CD p H CA 5D O 0 0 N O ll � �4 C1'] COUNCIL REPORT M&C No. 2022-041 Report Date February 09, 2022 Meeting Date February 22, 2022 Service Area Utilities and Infrastructure Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT. Fundy Quay Redevelopment Site - Remediation Action Plan FCM Grant Agreement AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Samir Yammine J. Brent McGovern I John Collin RECOMMENDATION It is recommended that the City enter into the Green Municipal Fund Grant Agreement — GMF 17878 with the Federation of Canadian Municipalities for the Fundy Quay Redevelopment Site Remediation Action Plan Project in the form attached to M&C No. 2022-041; and that the Mayor and City Clerk be authorized to execute the necessary Contract documents. EXECUTIVE SUMMARY The purpose of this report is to seek Council's approval to enter into a Grant Agreement with the Federation of Canadian Municipalities for the Fundy Quay Redevelopment Site Remediation Action Plan project. PREVIOUS RESOLUTION REPORT In September 2021, City staff submitted a funding application to FCM under the Green Municipal Fund (GMF) for Fundy Quay Redevelopment Site Remediation Action Plan project. The City received a notification from FCM that the application was successful, and the City of Saint John has been approved for a grant in the amount of $140,300 (50% of the eligible cost) toward the Fundy Quay Redevelopment Site Remediation Action Plan project. The GMF funding will be used toward the engineering cost to develop a site remediation action plan to help redevelop a contaminated site along the Saint John Harbour waterfront into higher -value residential and commercial spaces. No] -2- The scope of work of this funding includes the following milestones: • Preliminary Investigation and Background Review • Engineering Development Plan • Concept Design • Environmental Management Plan • Consultation with the various stakeholders including First Nation • Detailed Design including the development of tender document and drawings to help remediate the site. The project's expected environmental benefits are to reduce risks posed by the contamination as well as to minimize the amount of impacted soil required to be permanently removed from the site and to reduce the volume diverted to offsite landfills. The City has performed an analysis to support the selection of a remedial option that will reduce greenhouse gas emissions and limit the amounts of energy and waste associated with transporting soil off site. STRATEGIC ALIGNMENT This project is closely aligned with the city's Municipal Plan and its Central Peninsula Neighborhood Plan, which envisions the celebration of the city's underdeveloped urban waterfront and the redevelopment of the Fundy Quay property. The project also aligns with the 2019 City of Saint John Climate Change Adaptation Plan by including climate change impact and mitigation measures in decisions to ensure that residents, the built environment, and infrastructure are protected. SERVICEAND FINANCIAL OUTCOMES The City of Saint John will receive a total grant up to $140,300 toward the proposed initiative, which will help reduce the City capital cost by this amount. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The City of Saint John Asset and Energy Management division and General Counsel have reviewed the attached Agreement and are satisfied with the recommendation as they pertain to their respective areas of services. ATTACHMENTS 1. Fundy Quay Redevelopment Site-Remediation Action Plan FCM Grant Agreement 71 FEDERATION OFCANADIAN CANADIENN E DESFMUNICIPALITIES MUNICIIPALITES GREEN MUNICIPAL FUND GRANT AGREEMENT GMF 17878 This Grant Agreement is hereby made and entered into BETWEEN: and FEDERATION OF CANADIAN MUNICIPALITIES, a not -for -profit corporation incorporated under the laws of Canada, acting as trustee of the Green Municipal Fund ("GMF"), and having a place of business at 24 Clarence Street, Ottawa, ON, K1 N 5P3. ("FCM") THE CITY OF SAINT JOHN, a New Brunswick corporation and having a place of business at 15 Market Square, Saint John, NB, E21- 41-1. ("Recipient") FCM and the Recipient shall be referred to individually as a "Party" and collectively as the "Parties". The Agreement, including all the schedules described below, constitutes the entire understanding and agreement between the Parties ("Agreement") and supersedes all prior correspondence, offers, negotiations, agreements, or other communications between the Parties relating to the subject matter hereof, whether oral, written or electronic. No changes or modification to the Agreement shall be binding upon a Party unless in writing and signed by both Parties. The Agreement will be effective commencing on the date of last signature below ("Effective Date") and shall end on December 15, 2024 ("Term") unless earlier terminated in accordance with the provisions of the Agreement. The following Schedules are attached and incorporated in the Agreement by reference: Schedule A — General Terms and Conditions Schedule C — Recipient's Specific Terms and Conditions Schedule B — Eligible and Ineligible Costs Table Schedule D — Request for Contribution Template Schedule E — Project Progress Report Template Schedule F — Project Completion Report Template In witness whereof, the Parties have executed the Agreement through their duly authorized officials. FEDERATION OF CANADIAN MUNICIPALITIES THE CITY OF SAINT JOHN Per: Angelica Smallwood Director, Client and Funding Services, GMF Date: Per: Mayor Donna Noade Reardon Mayor of The City of Saint John Date: Per: Jonathan Taylor City Clerk Date: GMF 17878 PSP Grant Agreement Template — Last modified September 19, 2019 Page 1 of 23 72 FCMMUNICIPALITIES FEDERATION CANA IENNOFCANADIAN CANADIENNE DES MUNICIIPALITES SCHEDULE A - GENERAL TERMS AND CONDITIONS DEFINITIONS Whenever used in the Agremeent and unless the context otherwise requires, the following terms have the following meanings: "Advanced Contribution" means the first disbursement of the Grant Amount, disbursed in advance of the Recipient having incurred sufficient Eligible Costs to request reimbursement from FCM, as set forth in Schedule C to the Agreement; "Business Day" means any day other than a Saturday, Sunday or statutory holidays in the Province of Ontario; "Confidential Information" has the meaning ascribed thereto in Section 8.3 of this Schedule A; "Contribution" means each individual disbursement of the Grant Amount, as set forth in Schedule C; "Eligible Costs" means the costs described in Schedule B of the Agreement, for which the Recipient may use the Grant; "Expense Claim" means the expense claim in the form of the Project Workbook; "FCM's Accessibility Guidelines" means the FCM guidelines to be followed by the Recipient, or the consultant hired by the Recipient, when preparing the Project Progress Report(s), Project Completion Report and Final Deliverable, to ensure that such reports are accessible to people with disabilities; "Final Contribution" means the last disbursement of the Grant Amount. In the event that the Recipient receives the Grant Amount in a single contribution, FCM will advance the Grant Amount through the Final Contribution; "Final Deliverable" means the final version of the plan or the final version of the report summarizing the results and activities undertaken in conducting the study or the pilot project, as applicable, as described in Schedule C; "GAAP" means the generally accepted accounting principles for local governments as recommended, from time to time, by the Public Sector Accounting Board of the Canadian Institute of Chartered Accountants; "Material Change" means any change to the description of the Project, forecasted Eligible Costs or particulars of the sources of funding, all as set forth in Schedule C; "Project" means the plan, feasibility study or pilot project, as applicable, as described in Schedule C; "Project Workbook" means the form of electronic spreadsheet provided by FCM to the Recipient, as amended by FCM from time to time, to be completed when providing information updates or submitting a Request for Contribution to FCM; and "Request for Contribution" means the request for Contribution, in the form of Schedule D 2. GRANT 2.1 Grant Purpose - FCM is providing the Grant to the Recipient for the sole purpose of assisting the Recipient in the preparation of the Project ("Grant"). 2.2 Grant Amount - Subject to and in accordance with the terms and conditions of the Agreement and in reliance upon the representations, warranties and covenants of the Recipient hereinafter set forth, FCM agrees to contribute towards the Eligible Costs the maximum amount in Canadian Dollars (the "Grant Amount"), set forth in Schedule C of the Agreement. In the event that, if the aggregate amount of funding received or to GMF 17878 PSP Grant Agreement Template — Last modified September 19, 2019 Page 2 of 23 73 FEDERATION OFCANADIAN CANADIENN E DESFMUNICIPALITIES MUNICIIPALITES be received from all sources of funding, other than the Recipient, as set forth in Schedule C of the Agreement or as updated in the Project Workbook (all as determined and calculated by FCM) is greater than the total costs incurred by the Recipient in respect of the Project, as evidenced by the delivery of documentation establishing Eligible Costs, then FCM may reduce the Grant Amount to such amount as it deems appropriate, in its sole and absolute discretion. 2.3 Grant Expiration Date — In the event that the Recipient fails to meet the conditions of Contribution set forth in the Request for Contribution and fails to obtain the Final Contribution before the end of the Term, then FCM may, at its sole and absolute discretion terminate any further requirement to make the Contribution(s), set forth in Schedule C. 2.4 Grant Disbursement — FCM will disburse the Contribution within 30 days of confirming that the Recipient has met all of FCM's conditions, to FCM's satisfaction. 2.5 Advanced Contribution — FCM will inform the Recipient, before signature of the Agreement, whether it is eligible for an Advanced Contribution, all as determined in FCM's sole and absolute discretion. In the event that the Recipient is eligible for an Advanced Contribution, FCM will disburse the Contribution within 30 days of receiving from the Recipient, a signed Agreement and a completed copy of FCM's Electronic Funds Transfer form, identifying the bank account where FCM should disburse the Advanced Contribution. The representations and warranties confirmed or made in the Agreement with respect to the Recipient will be true on and as of the date that FCM makes the Advanced Contribution, with the same effect as though such representations and warranties have been made on and as of the date that FCM makes the Advanced Contribution. If any confirmation, information or documentation provided to FCM is not true and correct, or if any act or event does or may materially and adversely affect the Project or the ability of the Recipient to perform its obligations under the Agreement or the Project or any of its other obligations that are material to the Recipient has occurred, the Recipient will immediately notify FCM prior to the making of the Advanced Contribution. 3. OBLIGATIONS OF THE RECIPIENT Unless FCM shall otherwise agree in writing, the Recipient covenants and agrees that it: (i) shall use the Grant solely for expenditures that are Eligible Costs; (ii) shall carry out the Project and conduct the activities thereof in compliance with all applicable laws, regulations, order, rules, ordinances, permits, licenses, and without restricting the generality of the foregoing, in compliance with all labour, environmental, health and safety and human rights legislation applicable to the Project; (iii) shall carry out the Project with due diligence and efficiency and in accordance with sound engineering, scientific, financial and business practices; (iv) shall maintain industry standard insurance coverage which shall include general liability insurance; (v) shall not make any Material Change to the Project or in the nature or scope of its legal status; and (vi) shall not sell, assign, transfer, lease, exchange or otherwise dispose of, or contract to sell, assign, transfer, lease, exchange or otherwise dispose of, any of the real or personal property, whether movable or immovable, acquired, purchased, constructed, rehabilitated or improved, in whole or in part with the Grant, except if previously approved by FCM as described in Schedule C. 4. ELIGIBLE COSTS Expenses that are eligible for partial reimbursement by FCM must be: (i) invoiced directly to the Recipient; (ii) incurred after the date set forth in Schedule C; (iii) an integral and an essential component of the Project and required to help achieve the environmental objective of the Project; and (iv) actually and reasonably incurred in accordance with applicable industry standards. 5. RECORD -KEEPING and AUDIT 5.1 Record -keeping —The Recipient shall: (i) maintain its accounts, management information and cost control system and books of accounts adequately to reflect truly and fairly the financial condition of the Project and to conform to GAAP; and (ii) safekeep all such records for at least seven (7) years after the end of the Term. 5.2 Audit — The Recipient shall: (i) upon FCM's request with reasonable prior notice thereto, permit representatives of FCM, during its normal office hours, to have access to its books of accounts and records relating to the Project and permit FCM to communicate directly with, including the receipt of information GMF 17878 PSP Grant Agreement Template — Last modified September 19, 2019 Page 3 of 23 74 FEDERATION OFCANADIAN CANADIENN E DESFMUNICIPALITIES MUNICIIPALITES from, its external auditors regarding its accounts and operations relating to the Project; (ii) permit FCM to undertake, at any time, at its expense, any audit of the records and accounts of the Recipient in relation to the Project. The Recipient agrees to ensure that prompt and timely corrective action is taken in response to any audit findings and recommendations conducted in accordance with the Agreement. The Recipient will submit to FCM in a timely manner, a report on follow-up actions taken to address recommendations and results of the audit; and (iii) permit the Government of Canada, the Auditor General of Canada, and their designated representatives, to the extent permitted by law, to inspect the terms and conditions of the Agreement and any records and accounts respecting the Project and to have reasonable and timely access to sites, facilities and any documentation relevant for the purpose of audit. 6. ONGOING INFORMATION REQUIREMENTS The Recipient shall provide to FCM the following information, in form and content satisfactory to FCM: (i) a Project Progress Report in the form of Schedule E within thirty (30) days of FCM making such requests; ii) prompt notice of any proposed change in the nature or scope of its legal status; (iii) prompt notice of any act or event which does or may materially and adversely affect the Project or may materially and adversely affect the ability of the Recipient to perform its obligations under the Agreement or the Project or any of the Recipient's other obligations that are material to the Recipient; (iv) prompt notice of any litigation or administrative proceedings, together with copies of any written legal documents as FCM may request, excluding legal documents subject to solicitor client privilege, before any court or arbitral body or other authority which might materially and adversely affect the Project or the ability of the Recipient to perform its obligations under the Agreement or in respect of the Project or any of the Recipient's other obligations that are material to the Recipient; (v) immediate notice of the occurrence of any breach of any term or condition of the Agreement and specifying the nature of such breach, and the steps, if any, that it is taking to remedy the same; and (vi) such other information as FCM may from time to time reasonably request from the Recipient by notice to the Recipient. 7. COPYRIGHT 7.1 Copyright —Copyright in all reports, documents and deliverables prepared in connection with the Agreement and set out in Schedule C, by or on behalf of the Recipient (the "Recipient Documentation") will be the exclusive property of, and all ownership rights shall vest in either the Recipient or, subject to the Recipient's ability to grant the license set out in this Article 7.2, a person or entity engaged to develop the Recipient Documentation on behalf of the Recipient. In the event that the Recipient receives a copyright license to the Recipient Documentation, such license shall include a complete waiver in favour of the Recipient of all non -assignable rights (including moral rights) that may exist in the Recipient Documentation. 7.2 License - The Recipient hereby grants to FCM an irrevocable, perpetual, non-exclusive, worldwide, royalty - free, license, to use, reproduce, distribute, adapt, change formats, display, publish, make improvements to, sub -license, translate and copy in any manner the Recipient Documentation. This license shall survive the expiration or termination of the Agreement. 7.3 Interview — FCM shall hold all right, title and interest, including all intellectual property rights, in and to all formats of the Interview, including but not limited to written, audio recorded or video recorded formats, and to have sole and exclusive rights to the use thereof. Prior to the Interview, the Recipient shall ensure that any person designated by the Recipient to participate in the Interview will execute and deliver to FCM a written agreement which effects the assignment to FCM of all right, title and interest therein, including all intellectual property rights, and provides that such person has waived all its non -assignable rights (including moral rights) therein and grants to FCM the right to use the individual's image, including but not limited to posting the Interview on a public website. 8. PUBLIC RECOGNITION, COMMUNICATION, CONFIDENTIALITY 8.1 Public Recognition — The Recipient shall incorporate the following language into the Project Completion Report and the Final Deliverable: "© 20XX, The City of Saint John. All Rights Reserved. This project was carried out with assistance from the Green Municipal Fund, a Fund financed by the Government of Canada and administered by the Federation of Canadian Municipalities. Notwithstanding GMF 17878 PSP Grant Agreement Template — Last modified September 19, 2019 Page 4 of 23 75 FEDERATION OFCANADIAN CANADIENN E DES FCMMUNICIPALITIES MUNICIIPALITES this support, the views expressed are the personal views of the authors, and the Federation of Canadian Municipalities and the Government of Canada accept no responsibility for them. " 8.2 Communication — The Recipient shall comply with FCM's bilingual communication requirements until the date that is five (5) years following the Final Contribution and shall: (i) cooperate with FCM, who will lead the preparation and issuance of a news release announcing GMF funding for the Project and/or the coordination of a public announcement attended by FCM and the Government of Canada; (ii) promptly inform FCM of upcoming promotional events related to the Project and allow FCM and the Government of Canada to participate in such promotional events; (iii) cooperate with FCM in providing information on the Project to other interested persons to permit the sharing of knowledge and lessons learned about the Project; and (iv) cooperate with FCM in preparing one or more educational interviews, if required by FCM, showcasing the Project, that may be posted on FCM's public website or through other social media tools and made available through other mediums and in various formats (the "Interview"). 8.3 Confidentiality —All processes, documents, data, plans, material, policies or information pertaining to either Party's operations which is obtained by the other Party ("Receiving Party") or furnished to the Receiving Party in connection with the Agreement and expressly identified as confidential thereby, including, without limitation, the terms of the Agreement, ("Confidential Information") shall be maintained by the Receiving Party in strict confidence and shall not be disclosed to any person or entity for any reason or used by the Receiving Party except as necessary for it to perform its obligations hereunder. The limitations contained in this section shall not apply to (a) Confidential Information which is in the public domain at the time of disclosure; (b) Confidential Information that becomes part of the public domain after disclosure through no fault of the Receiving Party; (c) Confidential Information that the Receiving Party can prove was known by the Receiving Party at the time of disclosure; (d) Confidential Information that the Receiving Party can prove was supplied to the Receiving Party by a third party or was independently developed by the Receiving Party; or (e) Confidential Information required to be disclosed pursuant to judicial process. 8.4 Two versions of confidential reports - The Recipient shall provide two versions of any Project Progress Report, Project Completion Report or Final Deliverable that might contain Confidential Information. The version containing Confidential Information shall be clearly labeled as confidential and will be treated as confidential by FCM. The version that does not contain Confidential Information may be posted on FCM's public website and/or made available through other social media websites or tools and otherwise made available to interested third parties. 9. REPRESENTATIONS AND WARRANTIES The Recipient represents and warrants that: (i) it is duly established under the laws of the Province or Territory set forth in Schedule C of the Agreement and has the legal power and authority to enter into, and perform its obligations under, the Agreement and the Project; (ii) the Agreement has been duly authorized and executed by it and constitutes a valid and binding obligation of it, enforceable against it in accordance with its terms; (iii) neither the making of the Agreement nor the compliance with its terms and the terms of the Project will conflict with or result in the breach of any of the terms, conditions or provisions of, or constitute a default under any indenture, debenture, agreement or other instrument or arrangement to which the Recipient is a party or by which it is bound, or violate any of the terms or provisions of the Recipient's constating documents or any license, approval, consent, judgment, decree or order or any statute, rule or regulation applicable to the Recipient; (iv) it is not subject to any restructuring order under any applicable statutory authority; (v) no litigation, arbitration or administrative proceedings are current or pending or have been threatened, and so far as the Recipient is aware no claim has been made, which is likely to have an adverse effect on its preparation of the Project or its compliance with its obligations under the Agreement; and (vi) the Recipient has the right to grant the copyright license set out in Article 7 of this Schedule A. GMF 17878 PSP Grant Agreement Template — Last modified September 19, 2019 Page 5 of 23 76 FCMMUNICIPALITIES FEDERATION CANA IENNOFCANADIAN CANADIENNE DES MUNICIIPALITES 10. TERMINATION OF THE AGREEMENT (a) FCM may terminate this Agreement: (i) if the Recipient breaches any term or condition of this Agreement, and fails to remedy such breach upon the expiry of 15 Business Days' written notice from FCM of such breach or, with respect to a breach that cannot be remedied within the 15 Business Day period, such longer period of time as FCM may reasonably provide the Recipient to remedy the breach, provided the Recipient has commenced to remedy the breach within the 15 Business Day period and is actively and diligently taking appropriate measures to remedy the breach; (ii) if, in FCM's sole discretion, the Project cannot be completed as initially presented; (iii) if the Recipient fails to meet the conditions of Contribution set forth in the Request for Contribution and fails to obtain the Final Contribution before the end of the Term; (iv) if control and charge over the administration of all the affairs of the Recipient are vested in any person other than the Recipient; (v) if the Recipient becomes insolvent and/or proceedings have been commenced under any legislation or otherwise for its dissolution, liquidation or winding -up, or bankruptcy, insolvency or creditors' arrangement proceedings have been commenced by or against the Recipient; and (vi) if the Parliament of Canada fails to pass an appropriation that is sufficient and constitutes lawful authority for the Government of Canada making the necessary payment to FCM for the project or program in relation to which the Grant is being provided. (b) Either Party may, on not less than 30 days' prior written notice to the other Party, terminate this Agreement. 11. EFFECT OF TERMINATION (a) If this Agreement is terminated pursuant to Article 10, the Recipient may be: (i) reimbursed for all or a portion of the Eligible Costs they have incurred in relation to the Project up to the effective date of termination; and (ii) required to pay back to FCM all or a portion of the Grant Amount that was disbursed by FCM to the Recipient prior to the effective date of termination. (b) The rights contained in Sections 11(a) are subject to FCM's sole discretion and satisfaction, taking into consideration the Recipient's out-of-pocket Eligible Costs incurred and results reported by the Recipient in connection with the Project. In addition, FCM may take such action or proceedings in compliance with applicable laws or regulations as FCM in its sole discretion deems expedient to collect the amounts owing to FCM hereunder, all without any additional notice, presentment, demand, protest or other formality, all of which are hereby expressly waived by the Recipient. 12. SAVING OF RIGHTS No course of dealing and no delay in exercising, or omission to exercise, any right, power or remedy accruing to FCM upon any default under the Agreement shall impair any such right, power or remedy or be construed to be a waiver thereof or any acquiescence therein; nor shall the action of FCM in respect of any such default, or any acquiescence by it therein, affect or impair any right, power or remedy of FCM in respect of any other default. 13. APPROPRIATIONS Notwithstanding FCM's obligation to make any payment under the Agreement, this obligation does not arise if, at the time when a payment under the Agreement becomes due, the Parliament of Canada has not passed an appropriation that is sufficient and constitutes lawful authority for the Government of Canada making the necessary payment to FCM for the project or program in relation to which the Grant is being provided. FCM may reduce, delay or terminate any payment under the Agreement in response to the reduction or delay of appropriations or departmental funding levels in respect of transfer payments, the project or program in relation to which the Grant is being provided, or otherwise, as evidenced by any appropriation act or the federal Crown's main or supplementary estimates expenditures. FCM will not be liable for any direct, indirect, consequential, exemplary or punitive damages, regardless of the form of action, whether in contract, tort or otherwise, arising from any such reduction, delay or termination of funding. GMF 17878 PSP Grant Agreement Template — Last modified September 19, 2019 Page 6 of 23 77 FCMMUNICIPALITIES FEDERATION CANA IENNOFCANADIAN CANADIENNE DES MUNICIIPALITES 14. NO BRIBES The Recipient guarantees that no bribe, gift or other inducement has been paid, given, promised or offered to any person in order to obtain the Agreement. Similarly, no person has been employed to solicit or secure the Agreement upon any agreement for a commission, percentage, brokerage or contingent fee. The Recipient also guarantees that it has no financial interest in the business of any third party that would affect its objectivity in carrying out the Project. 15. RELEASE AND INDEMNIFICATION 15.01 Acknowledgment - The Recipient acknowledges and agrees that (i) the Recipient shall be solely and fully responsible for the Project or any element thereof; (ii) by accepting or approving anything required to be accepted or approved pursuant to this Agreement or the Project, FCM shall not be deemed to have warranted or represented the accuracy, sufficiency, legality, effectiveness or legal effect of the same, or of any term, provision or condition thereof, and such acceptance or approval thereof shall not constitute a warranty or representation to anyone with respect thereto by FCM; and (ii) FCM shall not be responsible in any way whatsoever for the Project or any element thereof. 15.02 Release - the Recipient releases and forever discharges FCM and its directors, officers, agents, servants and employees from any claims, demands, proceedings, losses, damages, liabilities, deficiencies, costs and expenses arising out of or in consequence of any loss, injury or damage to the Recipient or its property in any way relating to this Agreement and/or the Project. 15.03 Indemnification - The Recipient hereby agrees to indemnify and hold harmless FCM and its officers, directors, employees and agents from and against any and all liability, loss, costs, damages and expenses (including legal, expert and consultant fees), causes of action, actions, claims, demands, lawsuits or other proceedings (collectively, a "Claim"), by whomever made, sustained, incurred, brought or prosecuted, in any way arising out of or in connection with the Project or otherwise in connection with the Agreement, but only to the extent that such Claim arises out of or is in connection with the Recipient's breach of this Agreement or is caused by the negligence or wilful misconduct of the Recipient in the performance of its obligations hereunder or otherwise in connection with the Project. 15.04 Intellectual Property Indemnity. Recipient shall defend or settle at its expense any claim or suit against FCM arising out of or in connection with an assertion that the Recipient Documentation infringes any intellectual property right and the Recipient shall indemnify and hold harmless FCM from damages, costs, and attorneys' fees, if any, finally awarded in such suit or the amount of the settlement thereof; provided that (i) Recipient is promptly notified in writing of such claim or suit, and (ii) Recipient shall have the sole control of the defense and/or settlement thereof. 15.05 FCM's Limited Liability — In no event shall FCM, including its directors, officers, employees and agents, be liable under the Agreement for any indirect, special, incidental, consequential or punitive damages of any kind, however caused, including, but not limited to, loss of profits or revenue, loss of data, work interruption, increased cost of work, or any claims or demands against the Recipient by any other entity, whether such remedy is sought in contract, tort (including negligence), strict liability or otherwise and whether or not FCM, including its directors', officers', employees' and agents' liabilty for direct damages for any reason and upon any cause of action, whether in tort (including negligence), contract, or any other legal theory, exceed the Grant Amount that was disbursed under the Agreement. The Agreement shall not create for nor give to any third party any claim or right of action against FCM. 15.06 Further Assurances - The Recipient shall promptly execute and deliver, upon request by FCM, all such other and further documents, agreements, opinions, certificates and instruments as may be reasonably required by FCM to more fully state the obligations of either party to the Agreement or to make any recording, file any notice or obtain any consent. 16. GENERAL 16.01 Notices and Requests — Any notice, document or other communication required to be given under the Agreement shall be in writing and shall be sufficiently given if sent by personal delivery/courier, registered mail or email to the other Party at its address indicated in Schedule C. The notice shall be deemed to have GMF 17878 PSP Grant Agreement Template — Last modified September 19, 2019 Page 7 of 23 78 FEDERATION OFCANADIAN CANADIENN E DESFMUNICIPALITIES MUNICIIPALITES been delivered on the day of personal delivery, on the day received by email (as evidenced by a transmission confirmation), or on the fifth day following mailing. 16.02 Relationship of the Parties - The relationship between the Recipient and FCM is, and shall at all times be and remain, essentially that of a recipient and a grantor, and the Agreement does not and shall not be deemed to create a joint venture, partnership, and fiduciary or agency relationship between the Parties for any purpose. Neither the Recipient, nor any of its personnel are engaged as an employee, servant or agent of FCM. 16.03 Amendment - Any amendment of any provision of the Agreement, including the Schedules, must be in writing and signed by both Parties. 16.04 Choice of Language - It is the express wish of the Parties that the Agreement and any related documents be drawn up and executed in English. Les Parties reconnaissent avoir exige que la presente convention et tous les documents connexes soient rediges en anglais. 16.05 Governing Law -The Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein. 16.06 Choice of Forum - The Parties hereto agree and intend that the proper and exclusive forum for any litigation of any disputes or controversies arising out of or related to the Agreement shall be a court of competent jurisdiction located in the Province of Ontario, City of Ottawa. 16.07 Effectiveness - The Agreement shall be in force until such time as FCM has disbursed the Final Contribution or until the Agreement has been terminated in accordance with Article 10, whichever shall first occur. 16.08 Successors and Assigns - The Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns, except that the Recipient may not assign or otherwise transfer all or any part of its rights or obligations under the Agreement without the prior written consent of FCM. 16.09 Severability - If any provision or clause of the Agreement is found by a court of competent jurisdiction to be invalid, void, null, illegal or unenforceable, that determination shall not affect the enforceability of the remaining provisions to the extent they can be given effect without the illegal or invalid provision. The Parties further agree to negotiate the severed provision to bring the same within the applicable legal requirements to the extent possible. 16.10 Waiver of Rights - Except as expressly provided in the Agreement, any waiver of, or consent to depart from, the requirements of any provision of the Agreement shall be effective only if it is in writing and signed by the Party giving it, and only in the specific instance and for the specific purpose for which it has been given. No failure on the part of a Party to exercise, and no delay in exercising, any right under the Agreement shall operate as a waiver of such right. No single or partial exercise of any such right shall preclude any other or further exercise of such right or the exercise of any other right. 16.11 Entire Agreement - The Agreement constitutes the entire agreement between the Parties pertaining to the subject matter hereof and supersedes all prior correspondence, agreements, negotiations, discussions and understandings, if any, written or oral. 16.12 Headings - Headings are included in the Agreement for convenience of reference only and are not intended to be full or accurate descriptions of the contents thereof. 16.13 Gender and Number - All references in the Agreement to the masculine gender include the feminine gender; and all references to the singular include the plural and vice versa. 16.14 Counterparts - The Agreement may be executed and delivered (including by email transmission or by protocol document format ("PDF")) in one or more counterparts and, each of which when executed shall be deemed an original, but both of which together shall constitute one and the same agreement. GMF 17878 PSP Grant Agreement Template — Last modified September 19, 2019 Page 8 of 23 79 FCMMUNICIPALITIES FEDERATION CANA IENNOFCANADIAN CANADIENNE DES MUNICIIPALITES 16.15 Survival - The provisions pertaining to Article 5, Article 7, Article 8, Article 15 and this Article 16, and any other provisions hereof expressly or impliedly intended to survive termination or expiry, will survive the termination of the Agreement. GMF 17878 PSP Grant Agreement Template — Last modified September 19, 2019 Page 9 of 23 80 FCMMUNIICIPALITIES FEDERATIONFEDERATION OFCACANADIAN CANADIENNE DES MUNICIPALITES. SCHEDULE B - ELIGIBLE AND INELIGIBLE COSTS TABLE Expenses that are eligible for partial reimbursement or for an Advanced Contribution must be: • incurred after the date the application is received by FCM (costs to write the application incurred up to 90 days prior to receipt of the application by FCM). • invoiced directly to your organization. • an integral and an essential component of the initiative required to achieve the environmental objective. • actually and reasonably incurred in accordance with applicable industry standards. • Labour costs must be documented in a manner that meets audit standards for verification of eligibility of cost and level of effort. FCM reserves the right to audit financial statements or expenses incurred at a future date. Please keep financial accounts and records, including but not limited to contracts, invoices, statements, receipts, timesheets, and vouchers, for at least seven years. Financial records must be sufficiently detailed to enable verification of eli i ity and level of effort. -expenditure Cost Category Eligible Costs Ineligible Costs Section A: Costs incurred prior to date application received by FCM (1) Pre -application Costs to write the GMF application incurred All other costs incurred prior to application up to 90 days prior to application receipt date receipt date Section B: Costs incurred after date application received by FCM (2) Administrative Administrative costs that are directly linked to Office space, supplies and general and have been incurred for the Project, such overhead costs incurred in the ordinary as: course of business. • communication costs (e.g. long-distance calls) • permits or certifications required for the Project • printing or photocopying by outside suppliers • acquisition of documents used exclusively for the project • document translation (3) Advertising Advertising costs essential to communicating Advertising costs for general the project to the public, as well as Project education or publicity that is a result evaluation such as: of ongoing or other business activity • fees for advertising development and not a specific requirement of the • fees for media distribution Project • website development Promotional items •public surveys (4) Capital Rental or purchase of equipment or assets Any major capital costs (Pilot Projects Only) which are essential for conducting the small- Purchase or lease of real property scale activity. This would include specialized system hardware and software, construction costs, materials, renovation and modernization costs, and installations costs (5) Equipment rental Rental of tools and equipment. Rental of tools or equipment related to ongoing or other business activities. (6) In -kind N/A Any goods and services that are received through donation or in -kind. (7) Meetings and Costs related to meetings and public Any hospitality expenses such as: public gatherings gatherings that communicate the project to the 0 food, drink an alcohol public and that collect feedback, such as: 0 door prizes • facility rental 0 entertainment • audiovisual equipment rental 0 decorations, flowers, centrepieces GMF 17878 PSP Grant Agreement Template — Last modified September 19, 2019 Page 10 of 23 81 FCC (8) Services Fees for professional or technical consultants Costs for engineering studies, audit and contractors. studies or feasibility studies for which grants or contributions are provided by or committed to be provided by the Government of Canada. (9) Staff Daily rates actually paid by the Eligible 0 In -kind contribution of services remuneration Recipient to its employees (including 0 Overtime pay permanent and contract employees) in Canada e Bonuses/performance pay for time actually worked on the implementation e Fringe benefits such as: sick days, of the Project. The daily rate per employee pension plan, maternity leave, shall include the following costs: parental leave, any other fringe • direct salaries: actual and justifiable sums benefits not listed as eligible paid by the Eligible Recipient to employees . Costs related to ongoing or other in accordance with the Eligible Recipient's regular business activities and not pay scales as regular salary excluding specifically required for the Project. overtime pay and bonuses. 0 Staff wages while receiving training • fringe benefit: in accordance with the or attending learning events. Eligible Recipient's policies, as follows: 0 Professional membership fees or a) time -off benefits (prorated to the dues. annual percentage (%) of time actually Staff remuneration for which a grant worked on the implementation of the or contribution are provided by or Project): allowable number of days to committed to be provided by the be paid by the Eligible Recipient for FCM. This includes funding provided the following payable absences: or committed through Climate statutory holidays, annual vacation, Change Staff Grants from FCM's and b) paid benefits: actual sums paid by the Municipalities for Climate Innovation Eligible Recipient for paid benefits Program. (prorated to the annual percentage (%) of time actually worked on the implementation of the Project): the Eligible Recipient's contribution to employment insurance and workers' compensation plans (where applicable), health and medical insurance, group life insurance, or other mandatory government benefits N.B. For private sector entities only, as determined by FCM, the value of the total staff remuneration cannot exceed 10% of the Project's Eligible Costs. (10) Supplies and Supplies and materials that are specifically Costs related to ongoing or other materials needed to undertake the project. business activities, and not a specific re uirement of the Project. (11) Transportation, Transportation costs for delivery of materials Any transportation expense related to shipping and and services essential for the Project. ongoing or other business activities. courier charges (12) Travel and Travel and project associated expenses for 0 Travel and associated expenses of accommodation you and consultants to the extent that the a partner in the Project. travel and accommodation rates comply with 0 Travel, accommodation and fees to Treasury Board of Canada guidelines. attend conferences, missions, trade shows, etc. (13) Taxes The portion of taxes for which your The portion of taxes for which your organization is not otherwise eligible for organization is eligible for rebate rebate.(provincial, territorial or federal). GMF 17878 PSP Grant Agreement Template — Last modified September 19, 2019 Page 11 of 23 82 F FEDERATIONFEDERATION OFCACANADIAN CANADIENNE DES MUNIICIPALITIES MUNICIPALITES. SCHEDULE C — RECIPIENT'S SPECIFIC TERMS AND CONDITIONS PROJECT The Recipient is receiving the Grant Amount to perform the following project: The City of Saint John has a population of 70,000 and is the economic, cultural and social hub of south- central New Brunswick. The Fundy Quay Redevelopment project is in Saint John's urban core and will directly benefit 1,200 new residents, offering 24,000 m2 of new commercial space and an improved waterfront aesthetic. The purpose of the initiative is to redevelop a contaminated site along the Saint John Harbour waterfront into higher -value residential and commercial spaces. Traditional remediation (excavation and offsite disposal) is not viable due to the magnitude of the soil volume, depth of impacts, and groundwater/tidal variability and influence on the site. This project will focus instead on managing the risks associated with soil and groundwater contaminated with petroleum hydrocarbons, polycyclic aromatic hydrocarbons and metals at the site. The project's expected environmental benefits are reduced risks posed by contamination and a minimized amount of impacted soil to be permanently removed from the site, which will reduce the volume diverted to offsite landfills. The city has performed an analysis to support the selection of a remedial option that will reduce greenhouse gas emissions and limit the amounts of energy and waste associated with transporting soil off site. Additional environmental benefits will be gained from the redevelopment itself, as the city is planning a district energy system on the site and has committed to net-zero/carbon neutrality for new buildings. The project will also address climate change adaptation by raising the seawall by two metres. This project is closely aligned with the city's Municipal Plan and its Central Peninsula Neighbourhood Plan, which envisions the celebration of the city's underdeveloped urban waterfront and the redevelopment of the Fundy Quay property. The project also aligns with the 2019 City of Saint John Climate Change Adaptation Plan by including climate change impact and mitigation measures in decisions to ensure that residents, the built environment and infrastructure are protected. Innovative aspect(s): • Use of risk management measures, including risk -based conceptual site models, soil vapour assessments, hardscape barriers and foundation design integration • Mitigation of climate change effects in the redevelopment of the site by incorporating a district energy system, committing to net-zero/carbon neutral energy requirements for new developments, and refurbishing the seawall while the site is being remediated and redeveloped Replicability: This initiative could provide insight and lessons learned to other smaller municipalities with these types of contaminated waterfront properties. 2. PROJECT COSTS The forecasted Eligible Costs that the Recipient included in its GMF funding application: WORK PLAN AND BUDGET Cost Category Eligible Ineligible Total Milestones Cost $ Cost $ Cost $ Milestone 1: Preliminary Investigation and Start date: 05/2021 End date: 05/2021 Background Review GMF 17878 PSP Grant Agreement Template — Last modified September 19, 2019 Page 12 of 23 83 A OFCANADIAN CANADIENN E DES FCMI (TIES MUNICIPALITES. FCM Application - To be Completed by Dillon (1) Pre -application $5,900 $0 $5,900 Consulting and City of Saint John Background Review - To be Completed by Dillon (8) Services $1,400 $0 $1,400 Consulting Regulatory Consultation - To be Completed by (8) Services $5,600 $0 $5,600 Dillon Consulting Environmental Risk Management Overview - To (8) Services $3,300 $0 $3,300 be Completed by Dillon Consulting General and Operational Risk Review - To be (8) Services $5,000 $0 $5,000 Completed by Dillon Consulting Risk Matrix and Depth of Contaminant Figures - (8) Services $4,900 $0 $4,900 To be Completed by Dillon Consulting Underground Storage Tank Investigation - To be (8) Services $5,500 $0 $5,500 Completed by Dillon Consulting Legal Survey - To be Completed by Dillon (8) Services $700 $0 $700 Consulting Project Meetings - To be Completed by Dillon (8) Services $500 $0 $500 Consulting Prelim Topo and Site Recon - To be Completed by (8) Services $3,300 $0 $3,300 Dillon Consulting City Staff Remuneration including project (9) Staff remuneration $15,000 $0 $15,000 management Milestone 1 Subtotal $51,100 Milestone 2: Engineering Development Plan Start date: 06/2021 End date: 06/2021 Strategy and Project Phasing Details - To be (8) Services $1,200 $0 $1,200 Completed by Dillon Consulting Develop Site Development Sequencing Plan - To (8) Services $2,200 $0 $2,200 be Completed by Dillon Consulting Deliverable Review -To be Completed by Dillon (8) Services $1,100 $0 $1,100 Consulting Project Meetings - To be Completed by Dillon (8) Services $500 $0 $500 Consulting Reporting - To be Completed by Dillon Consulting 8 Services $2,100 $0 $2,100 Background Soil Testing and Previous Environmental Report Review - To be Completed (8) Services $20,000 $0 $20,000 by Dillon Consulting City Staff Remuneration including project (9) Staff remuneration $10,000 $0 $10,000 management Milestone 2 Subtotal $37,100 Milestone 3: Concept Design Start date: 06/2021 End date: 08/2021 Conceptual Plan - To be Completed by Dillon (8) Services $15,400 $0 $15,400 Consulting Trimble Site Vision Walkthrough - To be (8) Services $5,200 $0 $5,200 Completed by Dillon Consulting Project Meetings - To be Completed by Dillon (8) Services $1,300 $0 $1,300 Consulting Reporting - To be Completed by Dillon Consulting (8) Services $2,100 $0 $2,100 City Staff Remuneration including project (9) Staff remuneration $8,000 $0 $8,000 management Milestone 3 Subtotal $32,000 Milestone 4: Environmental Management Plan Start date: 07/2021 End date: 11/2021 Environmental Plan and Risk Management Plan (8) Services $60,000 $0 $60,000 for Property GMF 17878 PSP Grant Agreement Template - Last modified September 19, 2019 Page 13 of 23 84 FEDER TION FCM OFCAA DIA CANA IENN OFCANADIAN CANADIENNE DES .IPALITIES MUNICIPALITE` City Staff Remuneration including project (9) Staff remuneration $15,000 $0 $15,000 management Environmental Risk Management Adjustment (8) Services $20,000 $0 $20,000 Milestone 4 Subtotal $95,000 Milestone 5: Consultation Start date: 07/2021 End date: 08/2021 Round 1 of Consultation - To be Completed by (8) Services $1,000 $0 $1,000 Dillon Consulting Round 2 of Consultation - To be Completed by (8) Services $11,280 $0 $11,280 Dillon Consulting City Staff Remuneration including project (9) Staff remuneration $10,000 $0 $10,000 management Milestone 5 Subtotal $22,280 Milestone 6: Detailed Design Start date: 09/2021 End date: 11/2021 Detailed Drawings and Plans - To be Completed (8) Services $14,178 $0 $14,178 by Dillon Consulting Site Specs, Management Plan, and Engineering (8) Services $5,070 $0 $5,070 Estimates - To be Completed by Dillon Consulting Internal Review of Detailed Drawings - To be (8) Services $4,050 $0 $4,050 Completed by Dillon Consulting FCM Reporting and Final Submission 8 Services $10,000 $0 $10,000 City Staff Remuneration including project (9) Staff remuneration $10,000 $0 $10,000 management Milestone 6 Subtotal $43,298 Subtotal —All Phases $280,700 1 $0 $280,700 Total Eligible Costs $280,700 Contingency costs: Have you included room for contingencies in some or all of your task costs? Please explain. There is a 20% contingency on costs associated with the following items: Strategy and Project Phasing Details, Develop Site Development Sequencing Plan, Conceptual Plan, Round 2 of Consultation, and Detailed Drawings and Plans. The 20% contingency relates to extra revisions of completed work that will have to be performed in the event of requested changes from key stakeholders and the municipality. There is a 100% contingency on The Trimble Site Vision Walkthrough as multiple site walkthroughs may be required if large changes are encountered during the design process. FCM will only reimburse costs incurred after May 31, 2021, except for costs incurred to write the application, which are eligible for reimbursement if incurred after March 2, 2021. 3. PROJECT SOURCES OF FUNDING The funding for the Project is planned as: Funding Source Description Date Confirmed Amount Percentage of Total Budget Green Municipal Fund Grant December 15, 2021 $140,300 50% City of Saint John Cash October 1, 2021 $140,400 50% TOTAL $280,700 100% 4. GRANT AMOUNT The Grant Amount, described in Article 2 of Schedule A, shall be equal to the lower of: (i) the sum of one hundred forty thousand three hundred dollars ($140,300); or fifty percent (50%) of Eligible Costs. GMF 17878 PSP Grant Agreement Template — Last modified September 19, 2019 Page 14 of 23 85 A I OFCANADIAN CANADIENN E DES IPALITIES MUNICIPALITES 5. GRANT DISBURSEMENTS The obligation of FCM to disburse the Grant to the Recipient, is subject to the Recipient fulfilling the applicable conditions of Contribution set forth below, to the satisfaction of FCM, in its sole and absolute discretion. Payment and reporting table: The forecasted Contribution(s) amounts ($), reporting requirements and reporting dates as agreed upon by the Parties prior to Agreement signature. Approximate Approximate The Contribution shall be Contribution(s) and Deliverable(s) Date of Date of equal to the lesser of: Submission Contribution Progress Report At FCM's n/a n/a Request • Schedule E — Project Progress Report • Evidence that Milestones 1, 2, and 3 were completed: Preliminary investigation and background review, Engineering development plan, and Concept design • Updated Project Workbook o Sources of Funding o Payment and reporting table o Expense Claim • Additional conditions: None Final Contribution March 30, April 30, 2022 e $140,300 or 2022 0 50% of Eligible Costs then • Schedule D — Request for Contribution • Schedule F — Project Completion incurred by the Recipient Report • Evidence that Milestones 1, 2, 3, 4, 5, and 6 were completed: Preliminary investigation and background review, Engineering development plan, Concept design, Environmental management plan, Consultation, and Detailed design • Updated Project Workbook o Sources of Funding o Payment and reporting table o Expense Claim • Final remedial action plan and detailed design • Additional conditions: None 6. JURISDICTION The jurisdiction applicable to Section 9 of Schedule A of the Agreement is the Province of New Brunswick. 7. CRA BUSINESS NUMBER The Recipient's CRA Business number is R122681158. GMF 17878 PSP Grant Agreement Template — Last modified September 19, 2019 Page 15 of 23 86 FEDERATION OFCANADIAN CANADIENN E DES FCMMUNIICIPALITIES MUNICIPALITES 8. NOTICES To the Recipient: The City of Saint John 15 Market Square Saint John, New Brunswick E21- 4L1 Attention: Melanie Tompkins General Counsel • telephone:506-658-4455 • by electronic mail: generalcounsel@saintjohn.ca Alternate Contact: Attention: Jonathan Taylor City Clerk • telephone:506-658-4455 • by electronic mail: cityclerk@saintjohn.ca To FCM: Federation of Canadian Municipalities 24 Clarence Street Ottawa, Ontario K1 N 5P3 Attention: Athia Kabanguka Project Officer for GMF • telephone:613-907-6311 • by facsimile: 613-244-1515 • by electronic mail: akabanguka@fcm.ca GMF 17878 PSP Grant Agreement Template — Last modified September 19, 2019 Page 16 of 23 87 A I OFCANADIAN CANADIENN E DES M!' SCHEDULE D — REQUEST FOR CONTRIBUTION TEMPLATE [LETTERHEAD OF THE RECIPIENT] [Address] [Date] Federation of Canadian Municipalities 24 Clarence Street Ottawa, Ontario K1 N 5P3 Attention: Athia Kabanguka Project Officer for GMF I am an authorized official of the Recipient and understand that all the information below must be submitted and accepted by FCM, in order to receive the Contribution. I hereby certify, in satisfaction of the terms and conditions of the Agreement, that: • The Conditions of Contribution set forth in Schedule C have been met by the Recipient. • The Project conforms to the description set forth in Schedule C of the Agreement. • The Recipient has obtained, or has made other arrangements satisfactory to FCM for obtaining, all approvals, consents, authorizations and licences that are required under the laws of Canada and of the relevant Province or Territory, in order for the Recipient to enter into and comply with the Agreement and to undertake and complete the Project. • No act or event does or may materially and adversely affect the Project or the ability of the Recipient to perform its obligations under the Agreement and the Project or any of its other obligations that are material to the Recipient has occurred. • The representations and warranties confirmed or made in the Agreement with respect to the Recipient will be true on and as of the date that FCM makes the Contribution, with the same effect as though such representations and warranties have been made on and as of the date that FCM makes the Contribution. • All the covenants, conditions and other obligations set forth in the Agreement, including its schedules, and the Project Workbook, to be performed or satisfied by the Recipient before the date that FCM makes the Contribution have been performed or satisfied, to FCM's satisfaction. • All capitalized terms have the meaning attributed to them in the Agreement. • If any confirmation, information or documentation provided to FCM is not true and correct, the Recipient will immediately notify FCM prior to the making of the Contribution. • All expenses claimed: o have been submitted through the Expense Claim template, in the Project Workbook; o have been incurred and paid, or are to be paid, by the Recipient; o were integral and essential components of the Project and required to help achieve the environmental objectives of the Project; o were reasonably incurred in accordance with applicable industry standards; and o are Eligible Costs as per Schedule B, that were incurred after the date set forth in Schedule C. • 1 acknowledge and agree that the Recipient's records and accounts in relation to the Project, might be GMF 17878 PSP Grant Agreement Template — Last modified September 19, 2019 Page 17 of 23 88 FEDERATION OFCANADIAN CANADIENN E DES MUNICIPALITES audited. • 1 am attaching a completed copy of FCM's Electronic Funds Transfer form to identify the bank account where FCM should deposit the Contribution. Name and title of authorized officer of Recipient Signature Date GMF 17878 PSP Grant Agreement Template — Last modified September 19, 2019 89 Page 18 of 23 TION FEDERATION FCM OFCANAQIAN CANADIENN E DE4 SCHEDULE E — PROJECT PROGRESS REPORT TEMPLATE VERY IMPORTANT: Timing: You need to email a report, to your GMF project officer (contact info is in Schedule C), on the dates indicated in Schedule C or whenever FCM asks for such a report. Copyright: If you're hiring a consultant to prepare the report, please make sure to get the copyright (see FCM's copyright tips document), or else FCM will not be able to disburse the Grant Amount. Accessibility for people with disabilities: Please do not change the format, font, layout, etc. of this report. This template has been specially designed, following FCM's Accessibility Guidelines, in order to be accessible to people with disabilities. Confidentiality: If your report contains any Confidential Information that you would prefer not be made available to the public (e.g. through a case study or other materials produced by FCM that relate to your Project), please submit two versions of the report: 1. Complete report including Confidential Information: Please clearly label this report with the word "Confidential" or similar wording and FCM will treat it as confidential. 2. Abridged report excluding Confidential Information: This report may be posted on the FCM website and otherwise made available to interested third parties, to help FCM meet its knowledge sharing objectives. Purpose: Your Project Progress Report has two main purposes: Project tracking: This report enables FCM to confirm that your Project is proceeding as planned, or to be informed of any unforeseen delays. 2. Knowledge sharing: FCM shares the lessons and expertise gained through GMF-funded initiatives with other communities across Canada. The findings and lessons learned documented in your Project Progress Report could be valuable for other municipal governments that are seeking to address sustainability issues in their own communities. FCM may wish to supplement this information through an Interview with the Project lead. Content outline: Your Project Progress Report should be approximately one to two pages long and include the information below. Note: You may request a Microsoft Word version of this template from your GMF project officer. Project information GMF number: Name of funding recipient: Project title: Date of Project Progress Report: 1. Project status a) Please summarize the activities completed so far and indicate the activities currently in progress, as per Schedule C. Note: If you have previously submitted a Project Progress Report (for projects with multiple contributions), your summary should build on the information you included in your previous report. GMF 17878 PSP Grant Agreement Template — Last modified September 19, 2019 Page 19 of 23 90 F FEDERATION FEDERATION OFCANADIAN CANADIENNE DES MUNICIPALITIES MUNICIPALITES b) Have there been any significant changes, or do you anticipate any significant changes, to the scope or costs of the Project as described in the Agreement or in a previously submitted Project Progress Report (if applicable)? c) If your initiative is a feasibility study or pilot project, please indicate how the scope will change and, in general terms, how the changes will affect the environmental benefits you aim to achieve and the budget (e.g. increase or decrease; no precise figures required). d) When do you expect to complete the Project (month/year)? 2. Lessons learned to date a) Have you begun to implement any new technology or new approach (e.g. full -cost accounting)? Are there any benefits or drawbacks in using this new technology or approach that you have identified to date? b) What barriers have you encountered so far and what solutions have you implemented to address them? c) If you were planning this type of Project again, what would you do differently, knowing what you know now? d) Do you have a Project champion who has been instrumental to the Project to date? If so, please include his or her name, title and contact information, and describe his or her role in the Project. e) What advice would you give to someone in another community undertaking a similar project? 3. Photos and materials FCM includes project photos and links to project materials in GMF case studies, website content, and other vehicles. a) Identify and attach any materials resulting from the Project to date that would be useful to share with other communities, such as checklists, toolkits, guidelines, bylaws, videos or information brochures. If the material is available on your website, simply include the link to it. For example, a water metering project might result in a new municipal water use bylaw, or a series of householder information brochures or online video clips on ways to reduce water use. b) Attach any high -quality photographs of the Project if you have taken any to date. Where possible, include photos that feature people in action. The photos must be in jpeg or tiff format and at least 300 dpi (up to 10 MB/10,000 KB but no smaller than 1 MB/1,000 KB in file size). For each photo, please include: i) A caption describing what is featured in the photo. ii) A photo credit that indicates who owns the copyright to the photo and the photographer (e.g. © 2020, City of Ottawa/Madison Brown). iii) A written release signed by the individuals depicted in the photo granting FCM permission to use the images. Please request an FCM photo consent form from your GMF project officer. GMF 17878 PSP Grant Agreement Template — Last modified September 19, 2019 Page 20 of 23 91 FEDER TION FCM OFCAA DIA CANA IENN OFCANADIAN CAN.ADIENNE DES .IPALITIES MUNICIPAL. SCHEDULE F — PROJECT COMPLETION REPORT TEMPLATE VERY IMPORTANT: Timing: You need to email a report, to your GMF project officer (contact info is in Schedule C), on the dates indicated in Schedule C or whenever FCM asks for such a report. Copyright: Before you submit a report to FCM, make sure you hold the copyright for the report. If you're hiring a consultant to prepare the report, please make sure to get the copyright (see FCM's copyright tips document), or else FCM will not be able to disburse the Grant Amount. Accessibility for people with disabilities: Please do not change the format, font, layout, etc. of this report. This template has been specially designed, following FCM's Accessibility Guidelines, in order to be accessible to people with disabilities. Confidentiality: If your report contains any Confidential Information that you would prefer not be made available to the public (e.g. through a case study or other materials produced by FCM that relate to your Project), please submit two versions of the report: 1. Complete report including Confidential Information: Please clearly label this report with the word "Confidential" or similar wording and FCM will treat it as confidential. 2. Abridged report excluding Confidential Information: This report may be posted on the FCM website and otherwise made available to interested third parties, to help FCM meet its knowledge sharing objectives. Please contact your project officer to receive an electronic copy of the Completion Report Template Upon completion of the project, a copy of the Final Deliverable must be submitted along with this Completion Report. FCM will post your report on the Green Municipal FundTAI (GMF) website. This is because one of FCM's mandates is to help municipal governments share their knowledge and expertise regarding municipal environmental projects, plans and studies. How to complete the Completion Report The purpose of the Completion Report is to share the story of your community's experience in undertaking your project with others seeking to address similar issues in their own communities. Please write the report in plain language that can be understood by people who are not specialists on the subject. A Completion Report is typically in the range of 5-10 pages, but may be longer or shorter, depending on the complexity of the project. GMF grant recipients must enclose final copies of the Completion Report and the Final Deliverable with their final Request for Contribution. The reports, including all attachments and appendices, must be submitted in PDF format with searchable text functionality. Reports that are not clearly identifiable as final reports, such as those displaying headers, footers, titles or watermarks containing terms like "draft" or "for internal use only," will not be accepted by GMF. Additionally, reports must be dated. If you have questions about completing this report, please consult GMF staff. GMF 17878 PSP Grant Agreement Template — Last modified September 19, 2019 Page 21 of 23 92 FEDERATION OFCANADIAN CANADIENN E DES MUNICIPALITES GMF number Name of lead applicant (municipality or other partner) Name, title, full address, phone, fax and e-mail address of lead technical contact for this study Date of the report 1. Introduction a) Who was involved in doing the Feasibility Study, and what are their affiliations? Please include name, title and contact information. Those involved could include municipal staff, engineers and other consultants, a representative from a non -governmental organization, and others. 2. The Feasibility Study a) Describe the process that you undertook to make this feasibility study a reality, from concept, to council approval, to RFP, to final deliverable. b) What were the objectives of the Feasibility Study (what was it seeking to determine)? c) What approach (or methodology) was used in the Feasibility Study to meet these objectives? d) Please describe any public consultations conducted as part of the Feasibility Study and their impact on the Study. 3. Feasibility Study Findings and Recommendations a) What were the environmental findings related to the options explored in the Feasibility Study? Please provide quantitative results and summary tables of these results (or the page numbers from the Feasibility Study report). b) What were the financial findings related to the options explored in the Feasibility Study (for example, results of a cost -benefit analysis, financial savings identified, and so on)? Please provide quantitative results and summary tables of these results (or the page numbers from the Feasibility Study report). c) Based on the environmental and financial findings above, what does the Feasibility Study recommend? 4. Lead Applicant's Next Steps a) Taking the Feasibility Study's recommendations into account, what next steps do you as the municipality plan to take? What potential benefits or internal municipal improvements would result from these next steps? 5. Lessons Learned In answering the questions in this section, please consider all aspects of undertaking the Study — from the initial planning through each essential task until the Final Study was prepared. a) What would you recommend to other municipalities interested in doing a similar Feasibility Study? What would you do differently if you were to do this again? GMF 17878 PSP Grant Agreement Template — Last modified September 19, 2019 Page 22 of 23 93 FCMMUNIICIPALITIES FEDERATIONFEDERATION OFCACANADIAN CANADIENNE DES MUNICIPALITIES b) What barriers or challenges (if any) did you encounter in doing this Feasibility Study? How did you overcome them? 6. Knowledge Sharing a) Is there a website where more information about the Feasibility Study can be found? If so, please provide the relevant URL. b) In addition to the Feasibility Study results, has your Feasibility Study led to other activities that could be of interest to another municipality (for example, a new policy for sustainable community development, a series of model by-laws, the design of a new operating practice, a manual on public consultation or a measurement tool to assess progress in moving toward greater sustainability)? If so, please list these outcomes, and include copies of the relevant documents (or website links). © 20XX, The City of Saint John. All Rights Reserved. This project was carried out with assistance from the Green Municipal Fund, a Fund financed by the Government of Canada and administered by the Federation of Canadian Municipalities. Notwithstanding this support, the views expressed are the personal views of the authors, and the Federation of Canadian Municipalities and the Government of Canada accept no responsibility for them. GMF 17878 PSP Grant Agreement Template — Last modified September 19, 2019 Page 23 of 23 94 f{F j err J. COMMON COUNCIL REPORT M&C No. 2022-053 Report Date February 16, 2022 Meeting Date February 22, 2022 Service Area Growth and Community Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT: PlanSJ review AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Jacqueline Hamilton John Collin RECOMMENDATION It is recommended that Common Council receive and file this report. EXECUTIVE SUMMARY The purpose of this report is to provide context to Council on the requirements with respect to reviewing PlanSJ, the City's Municipal Plan. With the many updates that have occurred since its adoption in 2012, PlanSJ's fundamental vision and directions have remained unchanged and continue to serve the City well as the primary statutory document for guiding decisions related to growth and development. PREVIOUS RESOLUTION N/A REPORT During the public hearing held as part of the February 7t" Council meeting, Councillors raised questions around the need for an update to PlanSJ, the City's Municipal Plan. This report provides additional context on the requirements and timing for an update to PlanSJ. PlanSJ was adopted in 2012 and since that time has played an important role in guiding growth, development, and investment in the city. It has also provided the framework for the implementation of other corporate strategies including PlaySJ, MoveSJ, and the City's Climate Change Adaptation Plan that are key to realizing the Plan's aspirations related to smart growth. The Plan is further integrated within the City's long-term financial plan and is an important lens for the capital budget. The Plan's land use framework has been fully implemented 0M -2- through a comprehensive review of the City's development bylaws which was completed in conjunction with the launch of the One Stop Development Shop in 2016. This was followed by the launch of the neighbourhood planning program in 2016 intended to carry forward the Plan's vision at the neighbourhood level for three of its urban intensification areas within the Uptown and Central Peninsula. The Plan's policies also inform decision -making on land use approvals, and all decisions must be consistent with the Plan. PlanSJ is a living document and as such envisioned a plan monitoring program which included regular updates, comprehensive review (every five years) and measures to track the Plan's success. While the Municipal Plan has not received a comprehensive review since its adoption, it has been updated periodically with two major reviews occurring with the adoption of a new Zoning Bylaw in 2014, and again with the adoption of the Central Peninsula Neighbourhood Plan in 2020. The Plan has been amended 28 times since its adoption, including to address emerging policy issues to incorporate best practice management for regulating heavy industrial development, green energy development and to enable mixed use development in regional retail designations. Tracking and reporting of key PlanSJ metrics has been carried out related to performance on overall growth targets. Under the New Brunswick Community Planning Act, the Province requires that Municipal Plans be reviewed on a ten-year basis. While the Plan would be due for a comprehensive review in 2022, Council has established neighbourhood planning as a higher priority to support PlanSJ implementation. Given the significant resources and community engagement required to undertake these processes, Council first prioritized the development of the Central Peninsula Neighbourhood Plan which took three years to develop from 2016 until 2019. As part of its recently established Council Priorities, Council has prioritized the development of the North End Neighbourhood Plan as the next priority for comprehensive planning following the development of an Affordable Housing Action Plan. This work is expected to take two years with initial efforts beginning towards the later part of this year and carrying forward throughout 2023. As a result, the timing for a comprehensive review of PlanSJ is expected to commence in 2024. With the many refinements and updates that have occurred, PlanSJ's fundamental vision and directions have remained unchanged and continue to serve the City and Council well as the primary statutory document for guiding decisions related to growth and development. STRATEGIC ALIGNMENT This report aligns with Council's "Growth" and "Belong" Priorities. -3- SERVICEAND FINANCIAL OUTCOMES N/A INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS N/A ATTACHMENTS N/A AA COMMON COUNCIL REPORT M&C No. 2022-054 Report Date February 17, 2022 Meeting Date February 22, 2022 Service Area General Counsel Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT: Systemic Racism — Submission to the NB Commissioner on Systemic Racism AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Melanie Tompkins Melanie Tompkins I John Collin RECOMMENDATION The City Manager recommends that the City contribute a formal submission to the Commissioner on Systemic Racism by no later than May 15, 2022. The submission should contain (but is not limited to) the City's understanding of systemic racism, and include actions taken by the City on tackling systemic racism as well as recommendations from the City to the provincial government on tackling systemic racism in government institutions and agencies. EXECUTIVE SUMMARY The purpose of this report is to recommend that the City contribute a formal submission to the Commissioner on Systemic Racism for her consideration. PREVIOUS RESOLUTION At its November 15, 2021 meeting, Council resolved as follows: 1. That the Minutes of the Common Council meeting held May 3, 2021, be amended to reflect the resolution to "Direct the City Manager to investigate and report back on the City of Saint John joining on as a member of the UNESCO Coalition for Municipalities Against Racism and Discrimination'; 2. That Staff draft a Proclamation in support of Black Lives Matter and a letter to the Minister of Justice/Attorney General for Canada asking the Federal Government to address racial discrimination by making it an offense under appropriate legislation, all of this to give effect to paragraphs 3 and 6 of Council's resolution passed at its meeting held July 6, 2020, 3. That a meeting, including a briefing, between Council and the NB Commissioner of Systemic Racism be requested, 01:3 -2- 4. That Anti -racism and racial discrimination initiatives be staffed as fully as possible through existing staff in the short term. Such initiatives shall include: - the requirement that during the review process of the procurement, grant and other city policies, special attention be paid to ensure that there are no unconscious bias which could perpetuate systemic racism; - ensuring that every document written by the City does not contain bias or perpetuate racism; - in accordance with the WorkPlan for 202212023, the development and application of an employment equity, diversity and inclusiveness policy for the City workforce and its ABCs as appropriate, - a review of the City's current training for employees to determine if any enhancements should be made to what is already delivered on racial discrimination, systemic racism, unconscious bias and cultural fluency; and - ensuring that the leadership at the City sets the example for eliminating unconscious bias and systemic racism by taking a pragmatic and practical approach to shifting the mindset of employees while concrete and long- term resources are being established. 5. That staff work towards adjusting the operating budget by fiscal year 2024 so as to create a new full-time position that will focus on anti -racism and other similar challenges in the day-to-day operations/functions and in policy and strategy development of the City. REPORT As per this Council's November 15, 2021 resolution, a meeting was requested with the NB Commissioner on Systemic Racism, Dr. Manju Varma. Dr. Varma readily agreed and is presenting to Council at its February 22, 2022 meeting. Dr. Varma was appointed by the Province in the Fall with a mandate to develop an understanding of the nature and impact of systemic racism in NB. Dr. Varma who operates independently from government (she is not a GNB employee), is, among other things, conducting a public consultation on the nature and impact of systemic racism on newcomers, Indigenous, Black, people of color and other marginalized groups in NB. She established a website which can be found at https://www2.gnb.ca/content/gnb/csr-crs/en.html. Following extensive consultation over a 12-month period, Dr. Varma will make systems -level recommendations to the Government of NB, and her final report will be shared with the public. On her website, Dr. Varma invites interested individuals or stakeholders to send written submissions to the commissioner by mail or email for her consideration. As an important stakeholder in NB, it would be appropriate for the City of Saint John to contribute a written submission for consideration by Dr. Varma. 06%] STRATEGICALIGNMENT The recommendation aligns with Council's Belong priority. SERVICEAND FINANCIAL OUTCOMES N/A INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The GCO worked with the Commissioner of Systemic Racism to obtain appropriate wording for the recommendation to Council. ATTACHMENTS Nil `[eIl] COUNCIL REPORT M&C No. 2022-48 Report Date February 16, 2022 Meeting Date February 22, 2022 Service Area Growth and Community Development Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT: Newcomer Employment Champions Letter of Commitment for 2022 OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Jennifer Waldschutz Jacqueline Hamilton I John Collin RECOMMENDATIONS RESOLVED that Common Council receive and file this report for information. EXECUTIVE SUMMARY In 2021, The City of Saint John along with 10 other local businesses agreed to being a Newcomer Employment Champion (NEC) meaning that the City of Saint John committed to being an employer that promotes diversity, cultural connections and awareness in the workplace, and commits to maintaining best practices and tools in hiring, on -boarding and retaining newcomers. The goal of the program is to strengthen the corporation of the City of Saint John as a welcoming and inclusive workplace. The purpose of this report is to inform Council, that in line with their priority to foster diversity and inclusion, the City Manager has once again recommitted the the City to participate as an employer in the NEC program for 2022. PREVIOUS RESOLUTION Growth Committee: 16 February 2021 Growth Committee received a presentation on the Newcomer Employment Champion Program where the City was invited to be a member. REPORT The City of Saint John participated in the pilot year of the Newcomer Employment Champions (NEC) program and has been invited to participate in the program in 2022. The NEC was developed to assist employers in hiring, `to]I -2- onboarding, retaining, and integrating newcomers into the business and corporations in Saint John. Some of the information provided is not newcomer specific and may also be applicable to all employees of an organization. Developed by the member agencies of the Saint John Local Immigration Partnership (SJLIP), the Newcomer Employment Champion Program is changing how Saint John employers attract and retain talented domestic and international newcomers choosing to reside in Greater Saint John. The NEC program is currently being facilitated by YMCA Newcomer Connections and the program provides resources and supports for local employers looking to hire, retain, or support employees that come from culturally diverse backgrounds. Overall, an employer's profile can be raised when they are recognized as being welcoming and supportive to their employees. Participation in the NEC is a way for the City to demonstrate its commitment to its employees, potential talent, other local employers, and our residents that diversity and inclusion in a workplace is important and should promoted and celebrated. The [NEC] program includes easy -to -implement best practices and readily accessible tools and resources. Participating in the program can help employers realize benefits such as: • Attracting and retaining talent that come from diverse backgrounds • increased productivity • increased morale • enhanced customer service experience • employee wellness • public recognition The City benefitted from its past participation in the program with access to best practice training opportunities that have improved knowledge and capabilities related to newcomer recruitment and support. The City received an invitation to participate in the program again in 2022, and the City Manager and Commissioner of Human Resources have signed the commitment letter again. STRATEGIC ALIGNMENT The City's participation with the Newcomer Employment Champion aligns Council's priorities: Belong: Foster Diversity and Inclusion SERVICEAND FINANCIAL OUTCOMES WIN -3- The Newcomer Employment Champions Program is free of charge. There is no cost associated with the program at this time unless the City is interested in obtaining customized services such as cultural awareness training for staff. The City of Saint John Human Resource Team will be supported with in -kind service by YMCA Newcomer Connections who will continue to produce training, guidance and best practices options for the City and other participants of the NEC program. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Staff from the City Manager's Office, Growth and Community Services, and Human Resources were consulted on this report. ATTACHMENTS NEC Presentation for Employers `NQ WIF�o q4: NEU �k-a W eC1 #' 4 L.i W z r U N O L Q �u LO O r W z r E ca b�A O a lt u V ZW C Q 0 0 r ( ' L � ,LU U �[ §3 hft Oda ¥ 2 � � � � 0 u iz � C3 Q � .\ m c O u 0 O ru .Z Q m 0 4-;' m L.- � .� k O � m i Q _O � % c 0 Q Q c I \ PlEm t � e E / / 2 E .\ 3 } a) E 'e e & \ / \ ƒ \ _ ƒ 3 a ._ o § e § 41 bD \ \// t 2 4- 0. ( 7 / -0 -C 3 = k 2 _r_ E \ \ 2 .§ $ e § u \ / E E / 2 •E o E E ° / § / } \ / ƒ ) E / $ e / / \ / \ / lt° W 0 j 7 O Q c 3 O N 'N U C N I j -0 N 0 E O U � a 3 s a� � W c O •N � L � 0 O O N UA 4- � C 4- N U N L 4 Uto L _ 3 u 0a)L L 4- E C O a+ O > o E a� cam. o z N N 0-I � O O a)U > C — � 4- O s O (10 t O •� N O C 0 U Ti C O 0 cL6 W o a, 3 U = m = a M u C E U� 0 °" CL O If W E Q u' z v � U Q rhft Oda Z lt u m 0 lt u �L V W Q O PROCLAMATION - HERITAGE WEEK 2022 WHEREAS: the second week in February is provincially recognized as a time to celebrate our heritage; and WHEREAS: the third Monday in February is National Heritage Day in Canada; and WHEREAS: the complex histories which we have inherited from our ancestors play a vital role in providing a unique identity to our City; and WHEREAS: our built heritage provides us with a legacy to maintain, to enrich, and to hand down to future generations; and WHEREAS: our diverse cultural landscapes continue to play a vital role in developing the rich social fabric of our city; and WHEREAS: this year's theme: Discover our storytellers/ Decouvrons nos porteurs de patrimoine urges us to celebrate knowledge keepers in this community; NOW THEREFORE: I, Donna Noade Reardon, Mayor of Saint John, do hereby proclaim the week of February 211 to 25th as Heritage Week in the City of Saint John and urge all citizens to support and participate in cultural activities occurring throughout the City. IN WITNESS WHEREOF: I have set my hand and affixed the official seal of the Mayor of the City of Saint John. ill rd w z 0 w z 0 0 v w LO mmftum.ft-w F") 2 1 M r L Sp v� �•� V kn p 4a E L �+�a a, Ij Q •E O N O > O +� _ fC "a � O ._ •� V O m Z C U, `O a G1 � � L •p � +� O O in -.d D 0 Ln ' O L a Z r� ?•in _� �•O fCZML `G_i�, L r N ro ro ro U-) o � � o � o � m ro dJ � U E Ln Ul Q dJ Ul ul Ul Ul p u 'u v }' un EUl Ul _ L .� ul }, m in Ul E v 4-1.� to E u O Z 14-- O v O > p U v U Z) > O v v� Ul m L Ln v E c v .� E l7 v EL O Z� O C6 'U O N a--+ N E N N Q — Q � O � .O > � O •O � U a"- '' i a--+ N 4-j E N N a) a", 'U OLn N O N � 4-J a--+ N O f6 Q (3) — L Q � f6 N Q i f6 •f6 Q N N_ N E E O O N U N f6 N �(6 L L •� O N O U E O Otic N L Q 4- =� N L � LU C O N Q : N m � m • co � O N N a--+ 4-J N em _ O N N � � O (B Q U f6 N •— O O N ++ `v N on a--+ •� E ctr tw O '� O w i v c6 •E N ai N •� p U i 4-10 •N > O f6 c W W L V i O ca V N 0) E Ln f6 L m U Received Date February 17, 2022 Meeting Date February 22, 2022 Open or Closed Open Session Mayor Donna Noade Reardon and Members of Common Council Subject: Council Attendance Shared On-line Background: Whereas transparency promotes accountability and provides information to keep citizens informed with decisions being made in government. Whereas Council's priority of "Perform" has goals to "enhance transparency for outcomes" and to "ensure accountable and transparent financial management". Whereas Council's attendance is crucial to maintain high levels of governance. Motion: RESOLVED that Common Council authorize staff to disclose Council's attendance on the City of Saint John website for all Council meetings, Committee of the Whole meetings, Agency meetings, Board meetings, Commission Meetings and any required meetings scheduled on Mondays. Respectfully Submitted, (Received via email) Paula Radwan Councillor Ward 4 City of Saint John SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 41-1 1 www.saintjohn.ca I C.R 1971 Saint John, N.-B. Canada E2L 4LI ` el COUNCIL REPORT M&C No. 2022-44 Report Date February 15, 2022 Meeting Date February 22, 2022 Service Area Utilities and Infrastructure Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT. City of Saint John: Submission to Government of New Brunswick's Climate Change Action Plan Review AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Samir Yammine Ian Fogan J. Brent McGovern John Collin RECOMMENDATION It is recommended that this letter be signed by the Mayor and sent to the Department of Environment and Local Government and copied to all Saint John area MLAs. EXECUTIVE SUMMARY New Brunswick's current Climate Change Action Plan "Transitioning to a low - carbon economy" was released in December 2016. The plan must be reviewed every five years. The Province is soliciting comments as part of this review. On behalf of Council, City staff have prepared a submission. The submission outlines the City's perspective on opportunities and challenges on four key areas specified by the Province. PREVIOUS RESOLUTION N/A REPORT Climate change poses a significant threat to our quality of life. In recent years, the impacts of climate change have become more and more apparent. As a coastal city, Saint John has been impacted by unpredictable weather, historic flooding, and rising sea levels. Over the years, the City of Saint John has taken action to address the effects of climate change and it continues to remain focused on mitigating the impacts of climate change through climate adaptation initiatives and reducing carbon 121 -2- emitting sources and becoming a greener community in alignment with the City's Community GHG and Energy Action Plans. Working within City operations and the community, the City has become a recognized leader across the country for environmental leadership and community collaboration. The Province of New Brunswick is in a review period for its Climate Change Action Plan. The Department of Environment and Local Government is seeking input on challenges and opportunities on four specific areas: provincial government leadership; GHG emission reductions; adaptations to the impacts of climate change; and economic opportunities. The attached letter outlines the City's perspective on opportunities and challenges in the four key areas specified by the Province. STRATEGIC ALIGNMENT The content of this submission aligns with Councils Priority of "Green" and "Move". It also supports the City's Corporate and Community GHG and Energy Action Plan adopted by Saint John Common Council in 2019. SERVICEAND FINANCIAL OUTCOMES N/A INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Input has been received by the Saint John Transit Commission, and Utilities and Infrastructure ATTACHMENTS (CSJ GNB_CCAP) City of Saint John Submission: Government of New Brunswick Climate Change Action Plan Review `pAl New Brunswick Department of Environment and Local Government Marysville Place P. O. Box 6000 Fredericton, NB E3B 5H1 climatechangeNBchangementsclimatiques&gnb.ca February 22, 2022 Page 1 of 5 City of Saint John Submission: Government of New Brunswick Climate Change Action Plan Review At the February 22, meeting of Saint John Common Council it was resolved that this letter be submitted as the City's official response to the Government of New Brunswick's Climate Change Action Plan (CLAP) Review. The City of Saint John has significant history and expertise in developing climate change initiatives. As early as 1996, the City recognized that climate change would pose significant threats to our society, economy and environment. Through its Municipal Energy Efficiency Program (MEEP), the City became one of the first municipalities in Canada to establish a dedicated program aimed at reducing GHG emissions in municipally owned buildings, facilities, and operations. This program has been recognized nationally and provincially, most notably from the Federation of Canadian Municipalities (FCM) and the Government of New Brunswick. In 2019 the City's Corporate and Community GHG and Energy Action Plans were adopted by Saint John Common Council. The Corporate Plan aims to reduce City of Saint John GHG emissions by 30% and the community GHG emissions by 9% by 2025. In 2021, Common Council adopted "Green" as one its priorities for its term. We value the environment. We encourage sustainable growth by continuing green practices and investing in climate adaptation initiatives with the implementation of the City of Saint John Corporate and Community GHG & Energy Action Plans. Also in 2021, the City joined the "Race to Zero", an international pledge from cities across the globe recognizing the global climate emergency. P.O. Box 1971 CA 1971 Saint John, NB Saint John, N.-B. Canada E2L 4L1 Canada E2L 4L1 SAINT JOHN www.saintjohn.ca 123 The city of saint John City of Saint John Submission: Government of New Brunswick Climate Change Action Plan Review Page 2 of 5 Area 1 - Provincial Government Leadership: The City recognizes that climate change adaptation and mitigation efforts are not "one size fits all" and must be supported by strong federal and provincial policy and funding programs. There is a significant role for private industry to play in climate change mitigation efforts. What are the challenges, and what do you see as potential solutions to overcome those challenges? The City of Saint John is a leader in developing climate change initiatives. However, it lacks federal and provincial resources and appropriate legislation for implementation. The Province must recognise this undertaking should not be a "one size fits all" approach (i.e. income, geography, nature of economy). Every community is different and must be empowered with legislation and resources to meet their own specific challenges. However, each community must also be held accountable for their performance. Private vehicle emissions contribute greatly to GHG emissions. The provincial transportation is built for the trucking industry and private vehicles (Moving through the City, UNB Saint John). Secondary roads and associated policy do not promote walking or cycling (i.e. Main Street North, Saint John). What do you see as key opportunities in this area? • Establish a province wide energy committee with representatives from the various municipalities to oversee the implementation of the provincial CCAP. This committee could also represent the province on a federal level to ensure collaboration. • Recognize and fund public transit infrastructure as a method to reduce single vehicle use and GHG emissions, particularly where density warrants. Provide provincial incentives for residents who use public transportation, where available. • Invest in infrastructure for active transportation (i.e. overpasses, sidewalks on bridges). Consider active transportation in all new public transportation projects. • Prioritize transportation infrastructure that supports to a healthy lifestyle as a means to reduce costs of health care. • Adopt and enforce CCAP on all new and upgrade infrastructure projects. This would include location considerations for density (land -use, active and public transportation). • Develop incentives or tax benefits to encourage all communities to implement deep energy measures and implement their own CCAPs. • Implement and enforce strict regulations and policies on all GHG emitters to fund the transition to the low carbon economy. • Provide the municipalities and separate power entities with the power to enforce energy efficiency regulation and bylaws to create their own home energy efficiency programs. ■P.O. Box 1971 C.P. 1971 Saint John, NB Saint John, N.-B. Canada E2L 4L1 Canada E2L 4L1 SAINT JOHN www.saintjohn.ca 124 The city of saint John City of Saint John Submission: Government of New Brunswick Climate Change Action Plan Review Page 3 of 5 Area 2 - Mitigation - GHG Emissions Reductions Through its Municipal Energy Efficiency Program, Deep Energy Retrofit Programs, and Asset and Fleet Management Programs the City has been meeting its GHG reduction targets since 1996. In 2019 the City's Corporate and Community GHG and Energy Action Plans were adopted by Saint John Common Council. The Corporate Plan aims to reduce City of Saint John GHG emissions by 30% and the community GHG emissions by 9% by 2025. What are the challenges, and what do you see as potential solutions to overcome those challenges? New Brunswick's economy is centered around heavy industry, the heaviest contributors of GHGs. Transportation infrastructure promotes the use of personal vehicles. Options for inter -provincial travel is often limited to personal vehicles. What do you see as key opportunities in this area? • Recognize public transportation as a GHG reduction strategy (1 bus of people offsets 40 cars). • Enforce tighter controls and hold accountable heavy industry emitters. • Limit sprawl and spot development provincially. • Investigate low carbon, intra-provincial travel options. • Enforce a "clean grid system" by ensuring that the province's electric grid is carbon neutral by 2035. • Resource the development and implementation of a smart community integrated thermal energy system. This will provide clean thermal energy to buildings and facilities by using existing waste energy sources as well as geothermal and other clean energy sources. • Develop a monitoring and reporting tool to allow the community at large to report on their own climate initiatives as well as their GHG emissions. Area 3 - Adaptation to the impacts of Climate Change: Saint John has had experienced severe impacts of weather events. ACAP Saint John has published "Understanding Climate Change in Saint John" as a resource for those eager to learn more about how climate change is affecting Saint John. Currently, climate change is a key consideration of municipal infrastructure investments in Saint John. P.O. Box 1971 C.P. 1971 Saint John, NB Saint John, N.-B. Canada E2L 4L1 Canada E2L 4L1 SAINT JOHN www.saintjohn.ca 125 The city of saint John City of Saint John Submission: Government of New Brunswick Climate Change Action Plan Review Page 4 of 5 What are the challenges, and what do you see as potential solutions to overcome those challenges? Communities and individuals will not be able to make large sale changes without resources. It is also difficult for the population to understand the role they play as individuals and climate change may often mean a change in lifestyle. Misinformation about the effects of climate change is rampant. Citizens must be given clear information about the societal environmental and economic threats of climate change, and tools to participate and contribute. Climate change adaption beyond traditional environmental assessments, should be a key element of land use planning. What do you see as key opportunities in this area? • Investigate funding for innovative approaches to adaptation. • Develop and integrate climate change into the provincial school system curriculum. • Locate schools within walking/biking distance of catchment areas, not where vehicle travel is required. • Promote and fund public and alternative transportation. • Climate change assessments should be mandatory for any new and existing public infrastructure, and all land use planning. Area 4 - Economic Opportunities: New Brunswick is in a unique position. The province has many sources of energy. Of note is the emergence of clean energy industries, which should provide economic benefit to New Brunswick. What are the challenges, and what do you see as potential solutions to overcome those challenges? In New Brunswick, particularly in Saint John, the economy relies heavily on heavy industry. The Province must look for ways to ensure a successful transition to cleaner energy use. P.O. Box 1971 C.P. 1971 Saint John, NB Saint John, N.-B. Canada E2L 4L1 Canada E2L 4L1 SAINT JOHN www.saintjohn.ca 126 The city of saint John City of Saint John Submission: Government of New Brunswick Climate Change Action Plan Review Page 5 of 5 What do you see as key opportunities in this area? • Establish an "Energy Education Centre of Excellence" to increase climate change awareness and educate the public and industry on clean energy opportunities. Saint John, with its variety of energy assets and sources, would be the natural location. Centre of excellence in energy diversity and innovation centered in Saint John (tidal, wind, hydrogen, nuclear, hydro, geothermal). Considering location, geography, topography, coastal, river. • Create post -secondary degree opportunities around energy innovation and climate change. • Develop programs through NBCC/CCNB to train our workforce to transition from fossil fuel mechanical systems to those that use clean energy. • Continue to develop clean energy industries. The City of Saint John is committed to continuing its work in order to ensure that our people, our environment and economy are prepared to meet the challenges presented by climate change. On behalf of Saint John Common Council, I thank the Department of Environment and Local Governance for this opportunity. We also extend the offer to work with you to further your New Brunswick's Climate Change Action Plan. Sincerely, Donna Noade Reardon Mayor, City of Saint John % :Saint John r rr n P.O. Box 1971 C.P. 1971 Saint John, NB Saint John, N.-B. Canada E2L 4L1 Canada E2L 4L1 SAINT JOHN www.saintjohn.ca 127 I 4 -tea' O � � L O C: N > O '> cn E O � � 'cn 4-J .— O •v cn ' i � 0 a� >` I 9 N O O .Ln 2 ca O C E N C: t�A W _0 K-* O V i O E E O V L 0 p v I c O O E O Q E O ca ca U cn Q cn O Ln N O i Q _m Q Q E O U N E N .C: O U O E E O U I L a O �cr> (n 0j v i a� cn O ca c > -0 — O }' O O O O c: ._ A pq L V L N cii O ' C C: +-+ U Q cn U � U fa L C: L L O •C: i •� a--+ L � � O O � � — • � ca ca � *' O � =3 C: 4 N cn cn vi +_ �+ p � i _� CU p � .L)-O v (2) CU -0 ca a a� Q O ca E O U c .c aU a) C imO � �m a)C: cn O N -0 Q a--+ m +J i O +_+ > p C: O A bCL � U O O � ca � � 0 ; Ln r ca O V LW C: ca m — cn . 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U 0 u ..L 0 o � .o O � U •a ca Qj O O Q C� .v O O, L J v + o can E cn v I I bn � O CL c vw _ m I � � � � O v :�� U ci .C: m u L w 4-0 w LA Fyn A From: City of Saint John, New Brunswick To: Common Clerk Subject: Webform submission from: Submission to Council Form Date: February 15, 2022 1:57:34 PM [ External Email Alert] "Please note that this message is from an external sender. If it appears to be sent from a Saint John employee, please forward the email to spamsample@saintjohn.ca or contact IT Service Desk at 649-6047. * * Submitted on Tue, 02/15/2022 - 13:57 Submitted by: Anonymous Submitted values are: About Person/Group Submitting First name James Last name Wilson Name of organization/group (where applicable) Monarchist League of Canada - New Brunswick Branch (Branch 81) Mailing Address Telephone Email If you do not wish to have your personal information (address, phone number, email) become part of the public record, please check this box. No About your Submission Topic of submission `[le Greetings to Mayor and Council, 2022 marks Her Majesty's 70th year as Queen of Canada. Already several events have been held across Canada with more planned for the summer. While I am sure Saint John especially has been planning for this event I would like to propose an idea for marking this occasion which will honour the Queen's long life of service and be of benefit to future generations. In the UK people are being encouraged to plant trees as part of the'Queen's Green Canopy'. Now, I do not feel I need to cite sources to demonstrate that New Brunswick has a lot of trees. However, when it comes to our urban environments trees often fall by the wayside as over time they are slowly removed for one reason or another and not replaced. This is unfortunate as 'urban forests' are good for the mental and physical well-being of Her Majesty's subjects. Therefore, in line with the desire to mark the Queen's Platinum Jubilee, the Queen's long - running interest in the welfare of Canadians, and the Royal Family's deep concern for the environment I propose Saint John adopt measures to safeguard its green nature. Purpose for submission (what is the ask of council): -That a change to city bylaws be made requiring any trees removed within city limits be replaced at a 1:1 ratio with trees of a species native to Canada at the city's expense. -That Saint John City Council examine how its green spaces are being used every two years with the aim of extending green spaces as the city grows. Executive summary -Proposal to mark Her Majesty's jubilee with a change to municipal bylaws to protect urban greenery and green spaces as a permanent tribute to Queen Elizabeth II. From: City of Saint John, New Brunswick To: Common Clerk Subject: Webform submission from: Request to present to council form Date: February 15, 2022 3:27:01 PM [ External Email Alert] "Please note that this message is from an external sender. If it appears to be sent from a Saint John employee, please forward the email to spamsample@saintjohn.ca or contact IT Service Desk at 649-6047. * * Submitted on Tue, 02/15/2022 - 15:26 Submitted by: Anonymous Submitted values are: About Person/Group Presenting First Name: Andrew Last Name: Johnson Address: Day Time Phone Number: Email If you do NOT wish to have your personal information (address, phone number, email) become part of the public record, please check this box. No About your Request Topic of Presentation: Affordable Housing Brainstorming Townhall `A Purpose for Presentation (what is the ask of Council): The purpose of the presentation is to ask for support for the creation of affordable housing solutions, by way of using civil supported competitions where cities faculties are used to host events so that passive income opportunities can be added to those properties and, they can be used as a launching point to allow their citizens to create better value in it's sale's of it's homegrown talents. Creating a concept which uses our citizens sweat equity to create things that they like to create, and have a grand event, to host the sale of those items, which are also cloned digitally so that passive income can be generated from the item, and the process of creation. This creates a time stamp on the item and makes it a collectable. The information for this needs to be stored digitally, and housing requires internet connection, and power and weather proofing, so therefore why can't the servers be used as heat sources to create a more environmental closed loop system, so that those costs can be removed from the renter to a large degree. So each object becomes an NFT, each host competition is a gallery, and other market places exist with to sell this information. So a micro artisan olympics games, for creating misc items like tea cups, or sail boats, art work whatever the community thinks is a good idea, and the craftpeople can step up to the challenge both domestically and internationally. The excess items useful collectable, and useful for space organizations for their commercial pre stocking quality control standards. A way to support the additional segments of our population which might prosper under additional support. Is this something worth talking about? Background Information: I'm a citizen of our great city since I was born here in 1983.I'm a grad of St. Pats, Barnhill, Saint John High, UNB and I'm a practicing professional engineer, with nearly 20 years of in city construction experience. I've been personally responsible for a large number of people from time to time, and will continue to be for the foreseeable future. I have spent a great deal of time trying to figure out how things work. To make sure that things which I'm responsible for stay safe. Over the pass 20 years I've worked on over 2000 dwelling units, institutional, commercial and industrial buildings and mass production solutions, dealing with life safety and economic viability and constructability. File Upload Holistic Affordable Housing Solution Feb 10.pdf (694.22 KB) `[E:3 Solving National Affordable Housing in a roundabout way by a self -assessed ADAH person, so be prepared for a story and be honest with the why and why not's of the questioning please. February 10, 2022 Andrew Johnson P.Eng Tradegood Forge Digital Upgrader Process Abstract This document is intend to provide a general understanding of the concept and idea being proposed. In a digital world content is king, and therefore opportunity to create content should be seized, as it can be mined by more than one party generating many layers of work and value. Value layering content onto object creation and then marketing and promoting that creation will increase the value of the creation. Artisan Olympics is a useful tool to promote a lost art of creations. E-Bay + Artisan Olympics = Solution for reason it failed, Free market Capitalism can rule the voting now. Digital database +Ebay + Olympics = Tradegoods which can be upload and sold digitally with their own special story, (aka content for the new Meta...) (through blockchain utilization) Competition entry fees provides a 3rd party funding source and commitment for the contest but is not required. (entries are auction items) they can and should be applied at as many levels as possible to create benchmark rewards. Results in anyone being able to create an object, enter it into the competition and turn it into a digital item which can be resold, and have it also potentially massed produced globally depending on the item and market appetite. This automates the process of patent creation by using the competition to provide the missing education required to satisfy legal requirements, and it creates a chain of evidence that future courts may treat favorably. It also fills gap on what can be valuable. That same evidence is content which can be mined and sold all linked to the object so that the value flows through that and then back to the ownership groups. Okay so how does this help housing. If a datacenter selling domains makes money and an apartment building makes money, therefore a hybrid will make money, but to provide for the why, creating a need for that much cloud computing is part of the goal, decentralized and used as heating and as a base load for the general system, such that general efficiencies of infrastructure can be seized and built into the build back better solution that common sense would say is an important consideration with a long-term investment. The Olympic Games allows the use of a funnel point to concentrate and magnify the value of an object, its REAL value. Because it's going to be special it allows for the option of people making money for the owner. 150 Page 2 of 17 It's only through teamwork that group results are witness. Andrew Johnson P.Eng Tradegood Forge Digital Upgrader Process Money Frist # of Tradegoods within the worlds... (Include all historic databases and new potentials) Number exceeds 10,000 Fundraisers will create their own specification for the permissible fundraiser entry Entries can submit remotely to any Fundraiser which they have a valid entry for. Yes it's Possible for someone to buy their entry back and improve it for next year to make it worth more by linking to more value chains, this can be continued indefinitely assuming there are Fundraisers which request the entries. # of Cities/Hosts... 10,000,000+ million, 300 + days a year It's has a large amount of potential. If a trade good is worth 10$ min. If 200+ counties agree to take part, and 10,000 cities, with 100 smaller landowners each, that's 1,000,000, the small towns that use this as a main lifeline to equality can count for the other 9,000,000 throughout the world within their landowners and groups reducing the total number of individuals' towns required, however more are welcome. Range Upper 10$ x 10,000,000(places) x 10,000 items (at 1 per area per competition) per day (1 day)= 1,000,000,000,000 assuming full working range of that limit. If Range limit inflated from 10$ to 100$ by way of entry fee, 10 trillion per day. Range Lower if at 1 per 10,000 (1000) and raised to 100$ 100 million per day. (1 million users) Working with the lower limit, it will be further reduced to 30 million by way of kickback to the entries to encourage them to wish to participate. The winning pools will be linked to be equalized to a degree to that there isn't low areas. The value of the goods will go into the item, and create additional value for people who wish to be part of the ownership. So top place gets 10% (so 7 million spread into the number of entries), last place with get 1%, (so 1 million spread into the entry value) The remain to be spread out as pre plan. The entry are sold online through a digital auction. The value of the sale goes into the auction good, and the owner gets that as a payout at the 1 year forward their 40% of that, + any additional money that was created. The hosts receive 39% of that and so wish to push products branding through additional fundraisers The common ownership group of has 10% shared back within, aka those that buy an item, including those that create the item which is first. The creation Team ownership L.E. S. S Logical Environmental Souvenir Solutions 1% The Common Trade Associations and Market 10% of the profits they provide. Housing and Security Done through Affordable Housing Grants to Recycle the Energy and Other Sub Systems into decreasing the cost of rent. 151 Page 3 of 17 It's only through teamwork that group results are witness. Andrew Johnson P.Eng Tradegood Forge Digital Upgrader Process Digital Tradegood Forge Product Enhancer (Luxury Supply Line) 1. Global Citizens Availability {Market size Maxed} 2. Domestic small scale tradegood and fine artisans employment opportunities {large market overlap} 3. Passive Longterm Income Source Creation {Product upgrade magic} to create stocks 4. Existing manufacturing supply chain have a value addition to their product. Idea function to achieve a shortcut from creator to market, and to create a product marketplace which has passive income and 3rd party people working for you without your effort, enabling crafts people more time to spend on their work and thereby having to spend less time doing things that they don't enjoy. Which will be passively automated and streamlined through the process of the competitions, and through engagement. 1. Global Citizens Availability {Market size Maxed} a. Anyone can enter whom can manage the competition rules, and winning is a game changer, and so is losing. A competition entry, lottery that enables funding for the admin, and enables potential alternative ways of winning, depending on the number of entries i. Competition Rules to be based on educated equality 1. Aka fill in the gaps help is available to makeup shortfalls maybe a time delay for comprehension. Specific Tradegood manufactory safety tips and tricks, (compiled and improved yearly), include reimburse of contributors through user group buy in fees(aka admin of Tradegood group) 3. Create the guidelines for acceptance within product fundraising defined market Competition intended to allow for tax tracking of funds to provide regulators with an income source, and a vested interested in being part of the solution rather than a roadblock towards progress. iii. Competition and program intended to educate what the current legal tax tricks are to enable maximum legal returns for the users, and the regulators proper due amount. 1. Aka they are donating their entry, to most likely a non -for profit community group. The entry is being auctioned to be ranked, and yes it could be fixed to attempt win the awards... however... that brings some interesting motivation 2. The auction winners might even get a charitable receipt... This can be applied through google Playstore as an App where you can register your product from home into one of the competition, however a hosting event name tends to get you more views, and therefore more potential bidders for the auction. Which means global market solution provides largest audience, and more buy in for the competitions. Note small business owners can use this as a way of creating a yellow pages of international interests for better supply chain informational exchange. (aka cabinet marker in Saint John, can display her skills with her entry, and create opportunities for them and their geographical location.) This provide global connectivity which should be good to stabilize the world, and not lead to war. 2. Domestic Small Scale Tradegood and Fine Artisans Employment opportunities {large market overlap} a. Uses existing established technologies systems on an existing failed project {Artisan Olympics} understanding that the "pain in the ass" parts of the management can be simplified by a digital 152 Page 4 of 17 It's only through teamwork that group results are witness. Andrew Johnson P.Eng Tradegood Forge Digital Upgrader Process system of information management, and a E-Commence Auction for capitalistic drive and placement and ranking position. b. Value stacking the design of the end product for the educated consumer i. Education of future creation ii. Content Creation and Linkage 1. Product Creation History a. Why i. A story to be included by the creator about the product and why they created it and it's meaning b. How i. The recorded events of them creating the tradegood so that authentication can be had. 1. This provides value in a number of ways a. Peace of Mind (system trust) b. Educational Content i. Secondary Education of 3 d Party Market Support Staff ii. Education of means and method of future hobbyists for progressive improvement potentially c. When i. Creates the timeline for the object, provides productivity data for problem solving, and authentication. ii. Creates a branding opportunity based on the year of creation which allows for the timer to be started on antique status. d. Where i. The geographical areas where the product was created 1. Used for branding and promoting (Region) 2. Host facility 3. Commercial Location e. What i. Competition/ Hobbyist Item dependent 1. Specific Areas of restoration a. Interior Millwork Industry i. Used to sub frame out the interior fitup that doesn't require a Permit. ii. Creating Future Tourist Attractions of improved nature 100 years hence 2. General Art's and Crafts and Tourist Items 153 Page 5 of 17 It's only through teamwork that group results are witness. Andrew Johnson P.Eng Tradegood Forge Digital Upgrader Process 3. Domestic Common & Specialty Items and Tools iii. Digital Cloning 1. 3-d scanning of objects into digital shopping&manufacturing database 2. Allowing for software and hardware sub assemblers to use the components being generated for their uses, off standard rates a. Enables 3 d party sales personal access to use content to create connections iv. Annual Time Event Market Eutrophic Fair (aka hassle free, as much as possible). Open to all members of the public, with two payment options 1. Cash Equivalent, or 2. Market Research Feedback and 3 d Party Survey Questions a. 3rd party suppliers, the consumers become the product i. Food Studies ii. Product Studies iii. Company Attitudes iv. General Feedback v. Client Requested Specific Feedback 1. Host 2. 3rd Party Interested Party a. Suppliers b. Large Corporation c. City or Institution d. Provincial or Federal Data Scientists e. Other b. Same Day Creation goals and competitions for the businesses and individuals to enter and see if they can influence the results. i. Food ii. Music iii. Poetry iv. Logic Reason Debating v. Skill Competitions vi. Group Performances vii. Other 3. Passive Longterm Income Source Creation {Product upgrade magic} a. Creates a tradegood product that is linked with a split of passive income creating 5 different stakeholder groups which have a vested interest of promoting the tradegood and working as a team that doesn't have to talk, but can still generate wealth and value shared are common idea around the tradegood. 154 Page 6 of 17 It's only through teamwork that group results are witness. Andrew Johnson P.Eng Tradegood Forge Digital Upgrader Process i. Creator, (Creator Pool Group) ii. Product Owner (Auction Winner, and those that buy the product later) iii. Host Facility (Community groups and existing intuitions looking for an upgrade fundraising plan, and group bonding.) iv. Market Group (3 d party workers and salesforces) v. Regulators interested in system revenue gain with relative equality 1. Capital Property Gain Taxes 2. Passive Income Taxes 3. Increases Sales Taxes b. 3-D Scanned Image / Recorded Processs i. Reproduction Copyright Creation of Evidence of ownership, more data, more hope! More data more potential hidden gems 1. Digital a. Games and Apps models (increase selection and decrease cost of creation, since its' being shared rather than purpose built) b. Websites and Advertising and Marketing Campaign c. Ownership rights of a passive income stream and speculation 2. Real World a. Local 3-D Printers b. Local Crafts personal shops c. Mass Production of Collectors Specialty Item Set d. Local Tourist Museums for local heroes and over achievers c. Educational Content i. Varies, however having datapoints allows correlations of understanding so that people operating on false understanding can have access to evidence of the failures, yet attempt them regardless and some 3 d party master student finds and documents this during their thesis review of whatever they are working on and needed working trade information with regards to technical knowledge and practical commitment levels, and requirements. ii. Audience for content 1. Academia *will pay with LP transfer skills, and need a % longterm as passive earning from one of the group earning funds which get generally funded by all the groups. 2. Hobbyists * Creators of the goods, need better general marketplace and knowledge exchange, with a scripted understanding of the 3 d party systems so that it can become 15T party to them. * like to see the competition and impress them. 3. General Public Content Consumers *many reasons 155 Page 7 of 17 It's only through teamwork that group results are witness. Andrew Johnson P.Eng Tradegood Forge Digital Upgrader Process d. Market Research & Health Content i. Global Spending habits ii. Global Time Management Habits iii. Skill based Time Management and Spending Habits iv. Others e. Environmental saving through better utilization of lessons learn to avoid preventable mistakes. i. Enables environmental training through creation content, which enables fewer wasted resources for mastering of skills ii. Competitions to used waste products based on industry local supply. 1. Institutional, Industrial, Commercial, and Residential waste f. Speculative value How much is something going to be worth? ii. Can Influencers use these items to gain more from their followers using their multitier on the product to yield better rates of return? (yes) iii. Can people use these assets to move money around the world yes, it's even going to be tracked, so it might retain it's value, and the tracking system should provide some assurances that criminals aren't going to like me. I'm providing a legal system for their talents and closing other doors, since the funds on the passive investment would be linked to the proof of ownership of an object, which... helps since we track it yearly to pay dividends as each entry is an effective stock class within the global network of companies, being created each year and sold to those who pay for the competition and provide a legit entry. 4. Tradegoods created also would quality for the Space Agency vetting of tradegoods for offworld usage. General reasons for the idea goals Creator worried about global economic stability and viability (Attempting to provide framework for solution) 1. To take advantage of the current depression to provide an outlet for Covid tension and enable something positive to result, by allowing people to become distracted within their hobby, and then showing off to the world their hobby work. This may result in them no longer doing the hobby or may provide them a wealth of information on how to improve their hobby skills for next year. 2. Increase affordability of rent by increasing the alternative sources of income generation available to the standard rental tenant. Creating a means and method of wealth transfer from the haves to have "have nots" by providing a way for the have not's to create products and items which the have's desire, and therefore encourage commerce. a. Create a wealth transfer mechanism from the rich to the poor. i. Creating a shortcut pathway towards achieving desirable results which can be built upon each generation, so that there is a natural drive to improve products, and be part of the solution. (reduced number of middlemen to increase value potential of works) ii. Creating a market for specialty advance housing units which include passive time journaling of timelines so that it may be embedded within the products authentic qualities. 156 Page 8 of 17 It's only through teamwork that group results are witness. Andrew Johnson P.Eng Tradegood Forge Digital Upgrader Process The function is to be able to increase the available pool of local skilled labour by providing opportunities and reason for people to practice those skills and keep refining them, outside of just the standard fee for service solution. i. Youth competitions ii. Teen Competitions iii. Young Adults (under 25) iv. General Competitions v. Seniors Competitions vi. Professionals and Masters Competitions (need to have placed within top 3, in one of the others) Create an alternative pathway for landlords to develop land and supply chains by using collective labour solutions 3. The function is to create passive sources of income for community groups and other to invest in to generate revenue for their facility, enabling maintenance, and costs of the building to be reduced by this investment solution. a. Creating cultural tourist museums with the artifacts being created overtime by the winners, with specific rules to allow for a strange combinations of factors effecting the valuation calculations. b. Creating additional secondary source of income Allow for 3-D images to create digital models and assets for which creators to further their creations Enabling connections between local print shops armed with 3-D printers to assembly the product real world clone 1. This connects the natural partnership group for certain of the reproductions 2. Using reproduction items as "tickets" to Market Research Functions at local venues 4. Enables mass investors to have a different research and development chain, which they aren't directly responsible for maintaining the good working order of. 5. Creating an alternative to the Wall Street Stock Exchange and to Crypto Currency Current market conditions are such that many community of hobbyist and professionals exists but no linked competition exists for "the nerds" vs the jocks, you know for the "arty of us". There is an existing link with establish trade warehouse however they have been reduced due to big box stores, and digitally linking everything will enable some interesting things, like those smaller stores teaming up to be a local reproducer or distributor. Working Timeline Youth graduate high school get a job, get 3 jobs, and don't see any light at the tunnel. Youth plays sports... gets to NBA... set for life Counter, graduates gets a job, and get another job and then a hobby, which they turn into the second job by way of getting better at it, to the point that those skills may be in more demand that it improves their lifestyle. Youth enters 12 competition every year, once per month on a different tradegood or skill, youth develops longterm income opportunities Note... NBA star... starts with their work valued more because so is their Junk! Yet... that tends to only get you so far, and sometimes tastes comes in and skills. Yet it doesn't matter it's about creating reasons to spend money, and generate money. Education of the topic generated by the peers for the peers, which pays the peers when they are part of the solution. This enables passive income for those that enter regardless since it would be group knowledge and watching what people did wrong, it's WORTH something so you can avoid it. To that extent, the competition gaming system for entry is created, so that it may be used to encourage 157 Page 9 of 17 It's only through teamwork that group results are witness. Andrew Johnson P.Eng Tradegood Forge Digital Upgrader Process rewards from odd angles. So... a silly sample You have 1000 creators of tea cups within your local geographical area, they all are hobbyists (clay cups, wood cups, whatever) You have 100+ country where these groups exists You have a tournament where they pay their entry fee, and can pay to entry the international pool aswell as their local, where they can get judge by an E-Bay style Auction of their items to the general public who wish to part take, which most likely are friends and family of the creators, but they may be others speculative investors or collectors. The competition buy -in schedule attached would provide suitable sources of self sufficient funding once setup, without the tradegoods themselves being able to provide longterm passive income to the organization as well. The winners win big, the losers win, and even some others depending on the scale of the numbers. Nor is this the only way they can win, as their tea cup could be used in a RPG game where the developers wanted 1000 different tea cup in one digital room that they were doing. Now it's true that the developer may not care about the real world history of the image imported, but they may, and if it's capture and a good reason for doing the capturing is provided, then it can happen and that's the intention. Now having 1000 tea cups in a room is one thing, but having them in each room of each country with a map of each location, so that you can visit tea cup land. They even create a cross link to enable shopping, and 3 d party connection refer fees, it also provides potential increase simple depth for their game for providing a value to the consumer. V/R cross link shopping access to the general public for creation. Now what is the value of the tea cup, is there a way to FORCE it to go up..> YES< So with the competition providing a % of the buy -in to the winner, a competition where 10,000$ is raised for buy in which might only take 100 people at 100$ or a competition where 100,000 enter and pay 10 cents. The winner could still walk away with roughly in 500$, the loser with 100$ the remainder of the roughly 70% of the buy-in's paid back spread out as per the charts attached. However it means someone could invest up to 500$ in themselves to become the winner, potentially helping to provide some lower limits of potential returns on the simple item such as a tea cup. Image how many creates of knifes their might be? It also means if a company wants to dump 10,000 of their product lines into the process they can, and they help inflate the payout pool. Is this ethical, moral or legal? I believe yes to all 3. The local and international industry of Art's Crafts and Tools should have a market surge as their products now have more value as there is more demand for tools of creation, as creating your own pension fund by crafting a tea cup, and entering it into a competition to be the best, is an interesting ploy. When you consider that the earning would be based off the entire pool, which means even if you did poorly, you can still earn money because the whole groups takes from all to gives back to all, so that everyone becomes a winners, and the major winners... they still get to win big, and they have friends who go... and want to push them to be better cause they win when they win. It's a reinforcing good loop. Now the sample of a nail manufacture using this system as a means of increasing the value of a million nails means what the other aspects in the short term that the competition has lots of funding, and that the longterm the nail manufacture is using this as an opportunity to invest in this market, for their stockholders, as a means of creating additional revenue through sales of online digital housing built with authentic real world information. 158 Page 10 of 17 It's only through teamwork that group results are witness. Andrew Johnson P.Eng Tradegood Forge Digital Upgrader Process Host Money Flow Income Short Term 1) % of the registration buy in fee used to reimburse expenses of hosting 2) Market Research Funding 3) Donations (Charitable receipt??) a) Partnership groups i) Food Vendors, paid with market research questionaries? (1) Advocating of their skills and showing local support for community involvement. (a) The taste to make you crave it! (2) (potentially used to test the market so a discount way of market testing food products) ii) Music Vendors, Poetry, Books, Anyone that feels like it's a good idea. b) Labour from youths requiring experience, needing job resume building skills, and elderly people with time on their hands, note... all these labour should get a % of the host long-term income to really make them happy to come to work that day. Long-term Income 39% of the long-term revenue of the collections presented to the world at their hall. Note... income linked to the land... not the corporation! (Not portable) (Additional motivation to create tourist museums not private collections). Yet both are the plan. (Additional Community Awareness of Location and Abilities) Hosts Costs 1. Personal a. Frontline workers i. Customer Management ii. Facility Maintenance and Upkeep b. Office workers i. Management c. Investors and Interest Groups i. Quality Control and Brain Function 2. Equipment a. Point of Registration System i. 3-D scanner ii. POS System b. Point of Market Feedback Research i. Food ii. Music iii. Tradegoods iv. General Questions v. 3rd party special order 3. Power and Supplies a. Event Supplies as provided by suppliers and co -host investors b. Food & Serving Solutions c. Music load 4. Digital Information Management a. Input and Security, assumed provided by common 3rd party, with training videos and simulation games to model the madness of event planning such that understanding what's going on before it happens and recognizing the warning signs and having built-in experience 159 Page 11 of 17 It's only through teamwork that group results are witness. Andrew Johnson P.Eng Tradegood Forge Digital Upgrader Process Craftsperson Money Flow Outflow of money 1) Money used to create the entry 2) Money used to register the entry Money flow 1) Potential flow from registration process 2) Tax rebate based on sale price of good, if Non Profit fundraiser 3) Passive Income from 3 d party a) 10% of Income from Digital shares i) Note of this 10% (1) 1% goes to the general general pool (2) 4% goes to the general category pool (3) 5% goes directly to the craftsperson ii) The craftperson gets the 4% of the income back from the general category pool after it's been equalized, as a common booster to under performers to provide aide and income. iii) The craftsperson also gets 1% of the general general pool of income, so that it's equalized across all the tradegoods and so that just being part of the event is worth the headaches. 4) Additional potential revenue through public branding of skills and ablities 160 Page 12 of 17 It's only through teamwork that group results are witness. Andrew Johnson P.Eng Tradegood Forge Digital Upgrader Process Customer Money Flow Why would I buy one of these, what am I getting? 1) 40% of the value of online digital revenue stream a) This value is pooled together for each tradegood category and sent back such that 50% goes to the general pool and 50% goes to the specific artist, such that they get 50%+ their portion of the general pool. i) Of the general pool 5% goes towards the general, general pool. ii) 45% goes towards the number of entries and is equally split. 2) The object unless you are the top place winner in which case you get a portion of the prize competition, and you get a portion of the general year's prize pool a) *Note this is that 5%general pool fund. b) *Note they also gain the 40% of the digital value too c) They get their name on the wall, with the amount paid, and yearly the revenue income will be displayed beside it to account for inflation and to not. i) This is consider a promotional incentive to invest. 3) It's an object, it could be any object available within your life or every object depending on your lifestyle choices and options. a) There is a story of the reason why the craftperson created this object b) There is the process of how they created it c) There is the link to the documentation applied to the object as the finishing touch. i) Note competition rules will allow help with the placement to allow for "tasteful branding" d) The material list and their supply chain as established by the craftperson i) This list is update from owner to owner as the object can be resold, but so too do the royalty rights go. e) There a personal message from the craftperson to the buyer 4) It's a method of expressing ones passion and supporting that's ability. 161 Page 13 of 17 It's only through teamwork that group results are witness. Andrew Johnson P.Eng Tradegood Forge Digital Upgrader Process Community Money Flow Data Management Concept for socially acceptable solution Affordable housing can be gain additional sources of income by enabling income within the housing, this is normally forbid as it can lead to a general increase in general risk of all members of the population, so therefore informed consent would seem wise. They can get a discount on the rent as there is an additional roommate which is getting charged rent and services too, and the availability to a super computer for the tenant's isn't a dream it's just the new normal. Now whether these computers are solving 3 d party equations or mining the content that is being generated by way of the competition and registration rules, so that it can be back filler to populate all the training programs to assist with skill acquisition for new people wishing to acquire new talents. Storing the information about the competition and other solutions, or perhaps it's not my field and there more cost effective solution that aren't size efficient for integration within an apartment building. Additional natural reason to have local draw and commerce within a local community, providing an answer at each level of the supply chain to enable communities to have addition options and tools to get things done if they so desire it. Using fundraisers to custom order decoration and parts for interior decor and other elements which otherwise have only the established acceptable procurement option. Since the community may be the host in a number of location and may buy some of the objects as an investment for the community, as tourist dollars are still good dollars! Now naturally longterm the host communities are going to have tourist museums that feature the families or winners of the various local events which were part of the organizational brand. 162 Page 14 of 17 It's only through teamwork that group results are witness. Andrew Johnson P.Eng Tradegood Forge Digital Upgrader Process Third Party Money Flow 1. During Market Event a. Community Driven Market Research b. Product Driven Market Research c. Regulator Driven Market Research 2. After Event a. Physical world manufacturing i. Creator's Orders (alternative ii. Delegated Orders (overloaded, too expensive supply chain, local manufactory, hobbyist discounted product attempt) iii. 3 d party copy cats {lacks check... but perhaps not} b. Digital world manufacturing i. Online gaming content population and database upgrading 1. Image database of items, 2. Items with their own backstory and information (remove job gatekeeper force, allows for additional options for developers, in the speed at which they can create content which contains value. 3. Explanation for content creators for additional levels of realism ii. Online marketing ad's as the products within the images themselves can be purchased. c. Education Content manufacturing of How to create something, available for a price. 3. Others 163 Page 15 of 17 It's only through teamwork that group results are witness. Andrew Johnson P.Eng Tradegood Forge Digital Upgrader Process Regulator Money Flow 1) Tax Rebates a) The price of the object is rebated through the donation of the object and that the bidding is sets the fair market value for the object. That the craft's person receive a tax rebate in the amount of the finally sale price of the object. i) Note... this is the pay for the craft's person (one part anyways) (1) This pay goes to cover the following costs (a) Materials (b) Training and Labours (c) Failures and Mockup's (d) Administrative paperwork and requirements b) Corporate Tax Rebate on the fee's of registration 2) This is offset through the short term income generated from secondary sources a) Income from sales tax of those entries which failed to make the competition requirements i) Sales tax from general goods stories and tools suppliers b) Income from employment of those people within this new supply chain 3) This is offset through the long term income generated from the following none inclusive list. a) Income from the capital gains on the product as a collective with regards to speculation i) From Hosts ii) From Creator iii) From Owner b) Income from the 3 d party employment i) From Supply Chain ii) From Traders of Content iii) From Educators c) Savings from social programs as they have a common tool to direct human energy towards self- improvement and community growth. d) Reduction in the CPP draw down as the average income for general tax payers can be passively increased without their additional sweat equity, just their ownership is sufficient, to generate royalty checks which enable additional income so government demand should decrease. i) Passive General Education built within the competition to provide better longterm safety risk profiles by providing another pathway to fact check 4) Others. 164 Page 16 of 17 It's only through teamwork that group results are witness. Andrew Johnson P.Eng Tradegood Forge Digital Upgrader Process So in conclusion; please consider that while this doesn't look like it solves affordable housing it provides additional draws into construction industry such that they have alternative income sources in addition to their construction jobs, which will increase demand for the industry skills that they understand. It allows for the concept that value of information can be potentially valuable to anyone, and that includes "you". Which is a stepping stone to making less mistakes. The traditional answer doesn't really work it's a short-term fix, this solution while I'm sure there are problems, it also potentially offers different lifestyle choices to the every person, regardless of story as it's their story that adds addition value to the tradegood product which they use to sell it to the general public. So... Art's and Crafts+ Competition with (special rules)+ digital database + information mining and reprocessing= passive income for those whom wish to partake. housing+ cloud computing and passive (data recording for similar compliance with the competition requirements), enabling property development where there are more moving parts but more longterm income and therefore easier ways to share common load costs. Understanding that influencers are people and anyone can be them, they just need the barrier to entry lowered, and that can be done by value building the product environment for any product including housing. Action plan Phone calls to each province and then to ever populated area of over 10,000 people to determine their landlord concerns and customize as required the alternation to the competition to fill niche voids of the local community and to take advantage of its local talent pool, and remove barriers to progress. Legion groups, and other intuitional groups lack engagement digitally and this is a method for allowing them to do more potentially. Each city and community tapping into existing supply chain and allowing them the opportunity to be part of a teamwork effort. Without the ask, the answer is always No. 165 Page 17 of 17 It's only through teamwork that group results are witness. I recently moved to Saint John and am surprised to learn that the City of Saint John is responsible for clearing sidewalks. It's evident the city doesn't have the resources or the staff (or both) to adequately fulfill this responsibility. This is not a criticism. Merely an observation. Staffing shortages will continue to be a problem going forward as well as cost increases for equipment and supplies as a result of inflation. Below you will find an outline of the issues as well as a potential solution. ISSUES: 1. Safety a. Ice buildup on sidewalks substantially increases the risk of citizens falling and injuring themselves. b. Reducing the risk of slipping on ice means pedestrians need to walk on the street. This will further increase risk of more serious/fatal injury involving vehicles 2. Legal a. Inadequate conditions must increase the city's exposure to risk of litigation 3. Financial a. Treating injuries costs the province money b. Maintaining sidewalks must have significant cost implications to city resources c. Managing litigation as a result of this issue is certainly a financial risk to the city 4. Community a. Inability to walk around the city stifles community engagement. Forcing people to drive everywhere is not feasible for many citizens and not conducive to drawing a younger demographic to live in and contribute to this city SOLUTION: 1. Shift the responsibility of side walk maintenance to property owners a. This will virtually eliminate the risks/issues of i. 2 a ii. 3b iii. 3C b. This will likely reduce the risk of i. la ii. 1b iii. 3a c. This will substantially reduce cost for the city allowing it to shift resources to much needed areas like social support for children such as after school care or lunches at school as an example. ENFORCMENT 1. The city will have the right to fine property owners if there has been no measurable effort (salting/shovelling) to maintain their sidewalk after 24 hrs of initial snow fall. All unpaid fines could be attached to annual property taxes and collect interest. Exceptions will likely have to be made in certain scenarios that could be further explored while this proposal is drafted and through community engagement. SUMMARY 1. Obviously this proposal will encounter criticism. When this motion is proposed to the community I think it's important to emphasize the need of shifting resources to invest the community. Shovelling snow does very little to enrich the community and its citizens. Investing in education and promoting healthy lifestyles will have a more positive impact on this community. Feel free to reach out if you want to discuss further. All the best, Benjamin Brott 778.384.9236 `ff- A A Submission to Council Form About Person/Group Submitting FIRST NAME Terre LAST NAME Hunter NAME OF ORGANIZATIOWGROUP (WHERE APPUCABLEj Saint John Alpines Baseball ADDRESS 2 CITY OR TOWN Saintlohn PROVINCE New Brunswick TE V2 EMAIL silhunt@nb.sympatico,ca Of 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 2022 user fees for City fields PURPOSE FOR SUBMISSION (WHAT IS THE ASK OF COUNCIL): to consider maintaining existing rates, or, at the very Least, a nominal increase for 2022. fa 4-fd0illVi#'itlYU-1lu see attached letter I'm not a robot reCAPTCHA PriKy- T— ram, �C-� 1 ✓^� f'v' _ 169 20. To: Her Worship Mayor Reardon and Members of Common Council Re: 2022 Field rates From Saint John Alpines Baseball teams Your Worship and Council We are contacting you on behalf of the Saint John Alpines Junior and Senior baseball teams, on the subject of field rates for 2022. We understand that this item will be coming before Council on Feb.21. No doubt you will be receiving correspondence from various users of City fields and arenas. While we do not know what the rate proposal will be, previous indications are that there will be a substantial increase for 2022. Below I will show the rates we have paid over the last few years. It is interesting to note that there is a great concern of late in the media about our current, higher rate of inflation, running close to 5%. If we were only facing 5% increase on field costs, we would not need to have this conversation. Rather, we are over 50% in recent years, as you will see below. To be clear, we have no issue with City Staff. Our main contacts are with Jen Reed and Steve Bishop, as well as the "on site" workers at Memorial Field. In all cases, these folks take the time to listen to our requests, and do the best that they can to accommodate us, within policy. This has especially been the case during the last two seasons, as Covid has thrown all of us many curve balls. Staff have been flexible, made allowances for the existing conditions, and have made some good common sense decisions as situations arose. That has been very much appreciated. `reel In addition, the City has made it abundantly clear that the City has major budget issues. We get that. We are prepared to pay for field use. We believe, however, the underlying issue is the City policy. Our understanding of this policy is that it is driven on the principle of cost recovery. And that the eventual objective is to have users pay 50% of the estimated cost of the fields( users pay 100% of 50% if that makes it more clear) The increases have been phased in over the past few years, and we anticipate another in 2022. This indicates to us a direction that money spent on recreation is regarded as an expense, rather than an investment in the health and well being of citizens. We are not aware of any other municipality that operates on this cost recovery model. Staff is guided by that policy, so until that is addressed, we believe field costs to users will continue to escalate at a pace that will force some teams and leagues to cease operation and tournaments( which bring in out of town teams and revenue) to be cancelled. This is particularly concerning when thinking about youth sports. It is important to get as many kids as possible playing a sport of some kind. Let's keep the cost reasonable. We are unique in the baseball community in New Brunswick, in that we have only one baseball field in the City which is large enough for adults to play on. That is, of course, Memorial Field. St.Peter's has been allowed to deteriorate and Forest Hills has become a single use field for slo pitch soft ball. Last year, which was typical, there were six teams playing out of Memorial. That raises issues to find time for proper field maintenance, due to heavy usage, and demand for field time. Those are issues separate from field usage costs. However, Fredericton, Metro Moncton and Miramichi (all cities which have teams in both the junior and senior leagues) all have more than one adult sized baseball field, which reduces wear and tear, and presumably operational costs, 171 on all fields, especially over the long term. No other team in the NB Senior Baseball League shares their home field with five other teams. However as stated above,that is a separate issue from field costs. There are two main benefits we have derived from the increased field cost. A few years ago, the wood fence surrounding the field was replaced (the old one was in pretty sad condition) That is the only major capital expense in recent years. Secondly, last season, for the first time in several years, there was a staff person working at Memorial every day. In years past, the field was only staffed from Tuesday to Friday, meaning that the weekends,when the fields are used the most, there was no dedicated staff to look after the four fields (St.Rose,Barnhill, Memorial softball and Memorial Baseball). Having staff there every day is an improvement. We are also blessed by the fact that a new scoreboard was donated by the Irving family and was put in use last season. This scoreboard adds immensely to the atmosphere at Memorial, and makes it look like a " real" ball park. Although staff was consulted, the scoreboard itself cost the City nothing. The new scoreboard replaced the one the Irvings donated originally in 1998. However, we still have the same pressbox that has been there since the 1980's, and a public address system that is inaudible to those who don't sit in the immediate vicinity of the pressbox. Attempts have been made by city Staff to deal with that, but a good solution has not been found. Although some work has been done on the playing surface, there is always room for more. There are issues of drainage in the outfield (the warning track is higher than the playing surface), so water does not run off the field especially in left field). Please understand that we have ongoing discussions with staff regarding field operations. They do what they can, but we constantly are reminded that they do not have the budget to do many things. `rya Also, understand we are not dumping on staff. That is not the purpose of this exercise. Following are the rates paid by our two Teams in the last few years. We only began operating the Junior Team in 2017, we do not have rates for them prior to then. And, due to covid, the Senior Team did not operate in 2020. Cost is per hour, taxes extra. JUNIOR SENIOR 2015 $22.65 2016 $29.45 2017 $14.58 $31.16 2018 $14.87 $34.50 2019 $16.43 $36.73 2020 $17.00 N/A 2021 $24.00 $56.00 As you can see, rates increased more than 50% from 2019 to 2021 and almost doubled since 2017. The question is, how much is enough? Or, how much is too much? There is definitely a tipping point, and we believe we are there, especially if rates for 2022 increase substantially again. We have surveyed the other teams in the Senior League, and we are, without a doubt, the highest of the five member Teams. Frankly, we are not sure where we stand with regard to what the other Junior Teams are charged, but suspect we would be high, in comparison. `01 In conclusion, we are presenting this information for your consideration as you head into your February 21 meeting. As mentioned, we know the City has been in a tight situation. Hopefully the ship has been righted. We are not looking for something for nothing. We are looking for a fair rate, and value for money spent, as is the City. We request that consideration be given to keeping rates for 2022, the same as 2021, or at the very least, a nominal increase. Thank you for your consideration. On behalf of the Alpines Organization, Terre Hunter `rc1 From: City of Saint John, New Brunswick To: Common Clerk Subject: Webform submission from: Submission to Council Form Date: February 9, 2022 12:32:46 PM [ External Email Alert] "Please note that this message is from an external sender. If it appears to be sent from a Saint John employee, please forward the email to spamsample@saintjohn.ca or contact IT Service Desk at 649-6047. * * Submitted on Wed, 02/09/2022 - 12:32 Submitted by: Anonymous Submitted values are: About Person/Group Submitting First name Ian Last name Stead Name of organization/group (where applicable) Saint John Horticultural Association Mailing Address Telephone Email If you do not wish to have your personal information (address, phone number, email) become part of the public record, please check this box. No About your Submission `VV Topic of submission Support for designation of Rockwood Park as a National Urban Park Purpose for submission (what is the ask of council): The Saint John Horticultural Association is asking to be part of the proposal process for the City's application to have Rockwood Park designated a National Urban Park by Parks Canada. Executive summary The Saint John Horticultural Association supports the motion passed by Council on January 10, 2022, to propose Rockwood Park for National Urban Park designation. The park was started in 1893 by the Association, which managed it until 1966 when it transferred ownership to the City while continuing to manage the Public Gardens and Rockwood Park Campground, as we still do today. We are asking Council to instruct City staff to work actively with the Association in preparing the proposal for Rockwood Park to be designated as New Brunswick's National Urban Park. Saint John Horticultural Association Rockwood Park Campground Saint John Horticultural Association 48 Seely Street, PO Box 535 Saint John, NB E21.3Z8 www.rockwoodparkcampground.com City of Saint John Common Clerk's Office 15 Market Square, Saint John NB E2L 41-1 February 8, 2022 Mayor and Common Council, The Board of the Saint John Horticultural Association is writing to express support of Saint John Common Council's motion of January 10, 2022, to pursue National Urban Park designation for Rockwood Park. Becoming part of the Parks Canada network would increase visitation to Saint John while helping to ensure sustainable recreational development and environmental stewardship of Rockwood Park in perpetuity. We would be pleased to assist the city as it moves ahead with preparing the proposal and lobbying provincial and federal representatives to make Rockwood Park the top -of -mind choice for a National Urban Park in New Brunswick, National Urban Park designation is an opportunity to enter a third stage of management for Rockwood Park. The first stage, from 1893 to 1966, saw the Saint John Horticultural Association acquire land for the park, create recreational facilities and manage park operations. At its largest, Rockwood Park encompassed more than 2,000 acres, but its size decreased as lands were transferred to create the Allison Grounds and apartments, Rocky Terrace, Rockwood Park Elementary School, Highway 1, the Seely Street highway exit, and various residential and commercial lots on the park periphery. The second stage for Rockwood Park began when ownership was transferred to the City of Saint John in 1966 to access Centennial funding and develop the Fisher Lakes area. As part of this agreement, the Horticultural Association retained management of the Public Gardens and the Rockwood Park Campground. As part of the new National Urban Parks system, Rockwood Park would enter its third stage with a commitment to "protecting biodiversity, supporting climate resilience, connecting people to nature, improving mental health and wellness, and increasing social inclusion."' This aligns perfectly with the 1 Parks Canada. Network will help ensure that all Canadians have access to green space. Saskatoon, Saskatchewan: Parks Canada Agency, August 4, 2021. 177 1 Saint John Horticultural. Association Rockwood Park Campground commitment made to the people of Saint John by the Saint John Horticultural Association when it was incorporated in 1893 by an Act of the NB Legislature, amended in 1894 to read: "That the said Association is hereby authorized to establish Gardens and a Park and Pleasure Resort in the City of Saint John, and to acquire for such purpose by gift, purchase, lease or otherwise, all such lands, lakes, ponds and premises as may be deemed necessary for that purpose, and to have and to hold the same to said Association, its successors and assigns, forever."' As Councillor Hickey noted, Rockwood Park is a perfect candidate for National Urban Park designation. Becoming part of the Parks Canada brand would raise awareness of the park and the city on a national and international scale. Most importantly for the Saint John Horticultural Association, a National Urban Park designation is one more way to ensure Rockwood Park continues to provide a healthy natural environment that serves the people of Saint John's recreational needs forever. We ask that the Mayor and Council instruct City Staff to work with the Association in preparing the proposal for Rockwood Park to be designated as the National Urban Park for New Brunswick. Yours ' cerel President, Saint John Horticultural Association Saint John Horticultural Association Board of Directors: Alison Hughes, Vice President Greg Burgess, Treasurer Daniel Teed, Secretary Paul Akerman, Director Courtenay Crosby, Director Stephen Langille, Past President James LeMesurier, Director Alex Palmer, Director Ken Salmon, Director Patricia Shea, Director Barry Wanamaker, Director Patrick Watt, Director 2 "An Act to Amend the 56'h Victoria, Chapter 83, intituled [sicj 'An Act to Incorporate the Saint John Horticultural Association', and to give it further powers". NB Legislature, Fredericton: 57` Victoria, 1894, C 74, 254. 178 2 M&C No. 2022-051 Report Date February 17, 2022 Meeting Date February 22, 2022 Service Area Growth and Community Development Services SUBJECT: Rent Relief at the City Market EXECUTIVE SUMMARY OF COMMITTEE OF THE WHOLE REPORT FOR OPEN SESSION OF COUNCIL COUNCIL RESOLUTION The Committee of the Whole adopted the following resolution at its meeting of February 22, 2022: RESOLVED that that the City Manager be directed to create and offer a rent relief program to current lessees of the City Market with relief for eligible vendors being capped at no more than the equivalent of one (1) month in free rent per tenant, and the according to the conditions as generally laid out in M&C Report 2022-051. EXECUTIVE SUMMARY Common Council has chosen to offer a rent relief program to the tenants of the City Market. Until this point, the City's approach has been to support local businesses through the pandemic through means other than direct funding as direct funding programs are the traditional domain of the federal and provincial levels of government. This report outlines the overall terms of rent relief program at the City Market that balances the interest of the City in being a good landlord, offering relief to tenants who are struggling and in financial need, balancing workload for city staff, and reasonably managing the risks to the City for providing relief. PREVIOUS RESOLUTION Council Resolution: August 31, 2020 RESOLVED that as recommended by the Committee of the Whole, having met on August 31, 2020, the request from Reversing Falls Skywalk Inc. for a short-term reduction in rent, be denied. Council Resolution: April 6, 2020 RESOLVED that as recommended by the Committee of the Whole having considered the submitted report entitled M&C 2020-100: Request from Reversing Falls Skywalk Inc., that Common Council deny the request from Reversing Falls Skywalk Inc. and that Council authorize staff to offer tenants of the City a rent deferral program due to financial hardship from COVID-19. The offer would allow tenants who are affected to defer rent, interest free, with a payment plan over the final six months of 2020. REPORT Background Shortly after the pandemic began, businesses in city owned facilities started approaching the city to request rent relief. On two separate occasions tenants requested relief from the City, and relief was denied. Instead, the City offered to allow tenants to defer rent, interest free, as long as a payment plan was created. It should also be noted that relief was denied despite the fact that federal rental relief programs were unavailable to businesses that were operating in municipally owned buildings at that time. The Federal Government eventually addressed this loophole with the release of the Canada Emergency Rent Subsidy that was offered between September 27, 2020, and October 23, 2021. This relief program has since been followed by newer subsidy programs such as the Tourism and Hospitality Recovery Program (THRP) and the Hardest -Hit Business Recovery Program (HHBRP) which the majority of tenants on city property are eligible for. Several vendors of the City Market have approached the City in 2022 to request some form of rent relief. The pandemic has drawn on much longer than expected; low customer counts, and lockdown measures have had considerable impacts on local businesses, including at the City Market. Environmental Scan Municipal Consultation City Staff have reached out to senior management in the cities of Moncton and Fredericton, as well as to all vendors of the market to seek their perspectives on rent relief. With the exception of the Market in Moncton, the Cities of Fredericton and Moncton are not offering rent relief to any of their leasees. This should also be seen in context. The Moncton market only operates for one day per week. The Saint John City Market is a full-time market that operates 6 days per week. Moncton made a decision to offer a 25% discount to its vendors for two (2) months and the total relief of $2625 per month is split between all vendors. `E:191 City Vendors City staff have reached out to a number of vendors to solicit their views and have received mixed feedback. There is no doubt that many vendors are struggling, and they would welcome rent relief. However, there are some vendors that are actually thriving. Some vendors canvassed believe (and staff concur) it would be problematic to offer rent relief to vendors who do not need relief. The long-standing practice at the City Market is that vendors do not typically share their financial statements with the City. Rent is thus not based on revenues. This is at the request of the vendors themselves and due to the historic political nature of the City Market where details of leases are discussed by Council. Staff will be exploring this practice during the new strategic plan process for the market. But for the time being, staff do not have sightlines to the fiscal health of individual vendors at the market or our other properties, other than through discussions with vendors individually, and observations of who is current with rent, and the few businesses that are currently in arrears. Implications of offering relief There is an argument to be made that the City should behave like a landlord in this case, rather than the local government; there has been some limited precedent for landlords to offer rent relief to the tenants and could signal the City's compassion to its vendors. If the City restricts relief to just vendors of the Market, there could be calls from vendors on other city property to also request that Council agree to provide them relief. The amount of rent that the city generates monthly through rent to leasees on all city properties is approximately $56,000 monthly, of which approximately $32,000 is generated from leases at the City Market currently. The city previously rejected calls from tenants to provide rent relief in April and again in August of 2020. If Council proceeds with only providing relief at the Market, it may be challenging to justify why only one type of tenant is eligible for relief and not another. However, there is a reasonable argument to be made to restrict any relief offered by the city to just the vendors of the City Market. It is a national historic site, the most visited building in the City, and the footprint of vendor spaces is much smaller, which has made social distancing more of a challenge. With the 2022 tourism season rapidly approaching, it makes sense to try and ensure that the Market has as many thriving vendors as possible. Staff have conducted a high-level review of the need for relief at the Market. Staff routinely receive strong expressions of interest from potential new tenants and have signed three new leases in the past year. It should be noted that rental fees are not anywhere near the highest expense for vendors, with the cost of labour and goods typically far exceeding the cost of rent. While relief from the City would likely be welcomed from vendors, it is very unlikely that a business will fail or succeed solely based on rent relief from the City. The pandemic is the problem. Lockdowns, capacity restrictions, lack of tourism, or working from home are the biggest drivers of loss of customers at the market and other businesses. That said, there is no doubt that vendors who are struggling with paying rent, or in arrears, would absolutely welcome any kind of relief for the City. It should also be noted that the City's costs for maintaining the Market, and all other facilities still remain the same, and to our knowledge suppliers are not offering significant discounts to vendors or other businesses through the pandemic. The suppliers of gas, electricity, produce, and other goods and services have not offered relief to businesses, because they themselves have hard expenses that must continue to be met. While it is true that the City has deeper pockets than many other suppliers, the fact remains there is still a cost to operating the City Market and maintaining other City land and buildings that are leased by other tenants that has not changed simply because of the pandemic. Another important reality is that all vendors in the Market are already being indirectly subsidized. The Market operates at a loss annually and the deficit is covered by taxpayer dollars. For the Market to break even under its existing business model, rents would need to be significantly higher than current amounts. This reality is one of the drivers being the need for a new strategic plan for the Market. But for now, vendors are not paying the full amount necessary to cover the costs incurred by the city for the provision of their spaces. As we are starting to see signs across the country of the pandemic ending, and restrictions lifting, we can expect getting back to over 200,000 visitors monthly at the Market when the pandemic ends and consumer confidence is restored, which is a very attractive offering to potential tenants. However, there is no doubt that the pandemic has significant impacts tenants as there has been a considerable drop in customer footfall throughout the pandemic. No one can say with certainty when the pandemic will end. Providing relief could set a precedent that relief is an expectation if businesses are struggling, or if the province mandates further lockdowns, which are completely outside the control of the City, in which case, future relief may become an expensive expectation. Offering rent relief for a restricted period of time, will put an effective limit on demand for relief to be extended further if the pandemic continues on for a period of time. The City has not offered any relief for struggling Saint John Water customers, some of whom would be in arrears. Offering relief to one type of customer, may put pressure on the City to offer relief to our other customers. The City has not offered relief to landowners who are unable to pay their property tax bills. The City has also not offered direct financial relief to the thousands of other businesses also operating throughout the City. Offering a rent relief program at the market may lead to a slippery slope where the City will face increased pressure to provide relief to its other customers. Conversely, the City may experience feedback that it should not use tax -payer funds to provide relief to private -businesses, even if they are renting space in city owned buildings. The City's current approach during the pandemic Supporting Local Business during the Pandemic During the pandemic that City has taken the following approaches to induce support for businesses rather than offer direct financial aid to businesses. The City instituted the Economic and Community Recovery Program (ENCORE) in 2020 which has been overseen by the Growth Committee. Council created the program in order to enable and accelerate local economic and community activity in response to the current public health pandemic Some of the initiatives that indirectly or induced support for local businesses are: • The creation of 15-minute parking spaces to support businesses that had moved to a curbside / take-out model, and to promote parking turnover uptown to allow more people to patronize local businesses. • The Open Streets program, where the city temporarily pedestrianized streets to encourage people to patronize local shops, and to allow businesses to have more space outside to host customers • Offering free parking uptown in in partnership with Uptown Saint John through hotspot for the months of February through April 2021 • Sidewalk Cafe Rebate Program, where the City rebated the full cost to restaurants uptown that wanted to have an outdoor patio in the public right of way in order for them to have more space to host customers, and to entice businesses to make the capital investment necessary to have a patio, which would be used in future years. • Tourism Incentive Program, in partnership with the Saint John Hotel Association and Envision Saint John where the City offered Uptown gift cards to tourists who agreed spend a weekend in Saint John at our hotels. `E:191 • The Spotlight program, which matched artists with local businesses to encourage new animation in the public sphere, with a goal of driving additional people to those spaces, who then could patronize local businesses There remains approximately $400,000 currently allocated to the ENCORE program from the Growth Reserve. Staff are bringing an update on the program to Growth Committee in the near future and will invite members to discuss further ideas for the use of these public funds. Council also lowered the municipal tax rate in 2022, which provided instant tax relief to hundreds of commercial buildings across the City, and for which Landlords must exercise their own discretion as the whether or not they pass along any savings to their commercial tenants. Approach at the City Market during the Pandemic At the City Market specifically, the City has taken on additional measures to encourage foot traffic in the market, which unfortunately has fallen by as much as 70% in January 2022 compared to January 2020. • Staff have been very flexible with vendors who are in default of their lease by either not paying rent on time or in some cases falling into arrears; not opening their business during market hours (notwithstanding provincial lockdowns); or not paying the overhold rental rate, which is supposed to be 1.5 times their normal rental rate. Staff intend to resolve these issues where vendors are in default and are working through these with vendors. • Staff have been very accommodating to vendors in arrears specifically and have worked out an interest free customized plan with each vendor to allow them the time they reasonably need to get back on track. • The City Market offered extended hours at the City Market on Thursday's during the summer to allow more opportunities for vendors to attract customers. • The City leveraged funding from Heritage Canada to host a street party in front of the Market so people would then patronize our vendors • The City hosted Live music in the market every Monday through the summer months. • The City Market increased social media marketing during the Christmas season, and a new short-term social marketing strategy to attract patrons in 2022. `E:il • The City Market has been promoting the Saturday `Winter Market' at the Market to drive more customers to the market on Saturdays. This was subsequently followed by the Saturday Spring Market. Rent Relief Program Staff have consulted with vendors at the market as well as external accounting firms on a viable approach to offer a rent relief program. Based on Council's direction, staff's recommended approach for a rent relief program is for the City to: A) Only provide relief to vendors who legitimately need it, while not making the application onerous for tenants to complete; B) Minimize work for City staff to validate financial need of vendors, and implement the program; C) Provide a hard cap on one-time rent relief; D) Provide flexibility for staff to amend conditions of relief if needed, on a case -by -case basis, depending on the age, business model, or unique situation of the tenant. Due to the time involved in reviewing the books of every vendor, staff estimate it would cost a minimum of $10,000 to contract with an accounting firm to directly validate in advance which vendors are in need, and which ones are not. Vendors would also need to grant permission to the City to review their books. As such, staff are not recommending retaining an accounting firm to validate need in advance. Staff also recommend that the City does not give any funds directly to any tenant, otherwise that would be considered to be a grant. Rather, the city will offer a discount on future rent as relief to eligible applicants. Staff will create a simple relief program application, similar to applications for federal or provincial subsidy programs. Application Process 1. Proof of Loss of Revenue a. The tenant submits proof of loss of revenue to City Management of 20% in December 2021, January 2022, or February 2022 compared to the same month prior to the pandemic, or 10 per cent compared to the previous year (if the company started after the pandemic). uVj �-f fI rf�[r i. This is essentially the same condition for the ONB Small Business Recovery Grant. Staff will offer a few means by which the tenant may demonstrate proof of loss 2. Signed attestation a. The applicant would sign a statement requesting relief and attesting the information is correct, and the City, would have the right to review their books at its option for a limited period of time to validate their submission. 3. Staff Review a. Staff would review the submission, and provide relief based on the amount of loss of revenue and any other factors the applicant believes should be considered. 4. Eligible amount of relief a. Any applicant that meets or exceeds the loss specified in section one (1) would be eligible for one month in free rent. b. Any applicant that does not meet the threshold, but still suffered loss would be eligible for a prorated amount of relief at the sole discretion of City Management. c. Any vendor unable to demonstrate proof of loss is ineligible for relief unless they can show there are other mitigating factors, such as laying off staff due to the pandemic. Management will exercise discretion in offering relief in this circumstance. If an applicant is in arrears, they would not receive a discount on rent, instead they would pay full rent, but whatever amount of relief they are eligible for will be used to offset arrears. SERVICE AND FINANCIAL OUTCOMES The average rent for vendors in the Market is approximately $1,500 monthly. If all vendors were eligible for the full amount of relief, each vendor would receive an 8.33% discount on their rent for the entire year The maximum cost to the city to offer this relief program would be approximately $32,000, exclusive of staff time. The City will explore various options for offsetting this loss of revenue, including generating additional general revenue or considering it an unfunded bad debt expense which would then be owing in the 2024 operating budget. `DIN INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Staff from the City Manager's Office, Growth and Community Services, Strategic Services, General Counsel Office, Public Works, and Transportation were consulted on this report. Staff also consulted with Envision Saint John an external accounting firm, and the City Market Tenants Association. ` IYA M&C No. 2022-52 Report Date February 17, 2022 Meeting Date February 22, 2022 Service Area Corporate Services SUBJECT. City and SJ Port Authority Reciprocal Licenses EXECUTIVE SUMMARY OF COMMITTEE OF THE WHOLE REPORT FOR OPEN SESSION OF COUNCIL The City of Saint John (the "City") and the Saint John Port Authority (the "SJPA") are the owners of certain lands generally known as King Street West and Lower Cove Loop (the "Lands"), which the parties hope to access for the purpose of performing design, engineering, permitting, and limited construction (the "Construction Projects") commencing on February 24tht", 2022. The purpose of this report is to seek permission for the City to enter into License Agreements with the SJPA for the City and SJPA to enter upon the other's Lands to each complete a Construction Project, subject to the terms and conditions of the said Licenses. COUNCIL RESOLUTION That the City enter into the reciprocal License Agreements generally in the form as presented to Committee of the Whole at its February 22, 2022 meeting with The Saint John Port Authority for the purpose of performing design, engineering, permitting, and construction within street right of ways as generally shown in Schedule "A" to the License Agreements and that the Mayor and Clerk be authorized to execute the said License Agreements and any document ancillary thereto or necessary to effect the transaction. `E:1:3