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2022-04-04_Agenda Packet--Dossier de l'ordre du jourCity of Saint John Common Council Meeting AGENDA Monday, April 4, 2022 6:00 pm 2nd Floor Common Council Chamber, City Hall Pages 1. Call to Order 1.1. Land Acknowledgement 1.2. National Anthem 2. Approval of Minutes 2.1. Minutes of March 21, 2022 6 - 16 3. Approval of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1. Proposed Local Government Services Easement — 406-418 Chesley Drive 17 - 20 (Recommendation in Report) 5.2. Initiate Stop -Up and Closure for Portion of Chipman Hill and Convey to 703732 21 - 26 N.B. Ltd. (Recommendation in Report) 5.3. Proposed Public Hearing Date — 60 Exmouth Street and 990 Fairville Boulevard 27 - 29 (Recommendation in Report) 5.4. Street Naming — Pisunawfik Road (Recommendation in Report) 30 - 32 5.5. Engineering Services Peters Street — Water, Sanitary, Storm and Street 33 - 36 Reconstruction (Recommendation in Report) 5.6. Highway Usage Permit (HUP) — Province of New Brunswick Design and 37 - 56 Construction of New One Mile Sewage Lift Station on Rothesay Avenue (Recommendation in Report) 5.7. 2022 Engineering Inspection Services (Recommendation in Report) 57 - 59 5.8. Woodlawn Park Lift Station — Pump Supply (Recommendation in Report) 60 - 63 5.9. Managed Health Care Services Inc. - Financial Policy Amendment 64 - 68 (Recommendation in Report) 5.10. Pump Purchase — Thorne Avenue Pumping Station (Sanitary Lift Station No. 4) 69 - 70 (Recommendation in Report) 5.11. Tender for Asphaltic Concrete Mixes (Recommendation in Report) 71 - 74 5.12. Funding Opportunity — RDC Offer (Recommendation in Report) 75 - 76 6. Members Comments 7. Proclamation 7.1. National Public Safety Telecommunicators Week - April 10 to April 16, 2022 77 - 77 8. Delegations / Presentations 9. Public Hearings - 6:30 p.m. 9.1. Proposed Zoning By -Law Amendment with Planning Advisory Committee report 78 - 119 recommending Rezoning - 35 Margaret Street (1 st and 2nd Reading) 10. Consideration of By-laws 10.1. By -Law respecting the Use of Sidewalks within The City of Saint John (3rd 120 - 122 Reading) 11. Submissions by Council Members 12. Business Matters - Municipal Officers 13. Committee Reports 13.1. Finance Committee: Canada Emergency Wage Subsidy 123 - 124 13.2. Finance Committee: Capital Reserve Funds for Modernized Solid Waste 125 - 126 Collection Model 13.2.1. Solid Waste Modernization — Procurement and Delivery of Bins and 127 - 130 Totes (Recommendation in Report) 14. Consideration of Issues Separated from Consent Agenda K 15. General Correspondence 15.1. Saint John Community Arts Board: 2022 Saint John Community Arts Funding 131 - 135 Program (Spring) (Recommendation: Receive for Information) 15.2. Kaleidoscope Social Impact: Request for Letter of Support for the House of 136 - 154 Merritt - Supportive Housing Project (Recommendation: Refer to City Manager for drafting of letter and authorize Mayor to sign on behalf of Council) 15.3. GBS/CIDP Foundation of Canada - Request to proclaim May 2022 as GBS 155 - 156 and Cl DP Awareness Month (Recommendation: Refer to City Manager) 16. Supplemental Agenda 17. Committee of the Whole 17.1. City Market Lease Renewal with Sisters Italian Food Ltd. operating under the 157 - 157 registered business name Sisters Italian Foods 17.2. City Market Lease with Black Douglas Holding Ltd. Dba Sagratis 158 - 158 17.3. Recommended Appointments to Committees 159 - 160 18. Adjournment K u City of Saint John Common Council Meeting Monday, April 4, 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: 4:50 p.m., 2nd Floor Boardroom, City Hall 1.1 Approval of Minutes 68(1) 1.2 Financial Matter 68(1)(c) 1.3 Financial Matter 68(1)(c) 1.4 Legal Matter 68(1)(f) 1.5 Nominating Committee 68(1)(b) 1.6 Financial Matter 68(1)(c) 1.7 Financial Matter 68(1)(c) Ville de Saint John Reunion du Conseil municipal Lundi 4 avril 2022, 18 h 2e etage, Salle du conseil, 1-16tel de Ville Comite plenier 1. Ouverture de la seance Si vous souhaitez obtenir des services en frangais pour une seance du Conseil municipal, veuillez communiquer avec le bureau du greffier municipal, au numero 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 50 — Seance a huis clos du Comite plenier — Salle de conference du 2e etage 1.1 Approbation du proces-verbal — paragraphe 68 (1) 1.2 Question financiere — alinea 68 (1) c) 1.3 Question financiere — alinea 68 (1) c) 1.4 Question juridique — alinea 68 (1) f) 1.5 Comite des nominations— alinea 68 (1) b) 1.6 Question financiere — alinea 68 (1) c) 1.7 Question financiere — alinea 68 (1) c) Reunion ordinaire 1. Ouverture de la seance 1.1 Reconnaissance des territoires 1.2 Hymne national 2. Approbation du proces-verbal 2.1 Approbation du proces-verbal de la reunion du 21 mars 2022 3. Adoption de I'ordre du jour 4. Divulgations des conflits d'interets 2 5. Resolutions en bloc 5.1. Proposition de servitude concernant les services publics locaux - 406-418 Chesley Drive (Recommendation contenue clans le rapport) 5.2 Obstruction et fermeture d'une partie de la colline Chipman et transfert a 703732 N.B. Ltd. (Recommendation contenue clans le rapport) 5.3 Date proposee pour I'audience publique - 60 rue Exmouth et 990 boulevard Fairville (Recommendation contenue clans le rapport) 5.4 Designation des rues — chemin Pisunawtik (Recommendation contenue clans le rapport) 5.5 Services d'ingenierie sur la rue Peters — Reconstruction des services d'approvision nement en eau, du reseau sanitaire, du reseau pluvial et des rues (Recommendation contenue clans le rapport) 5.6 Permis d'usage routier (PUR) — province Province du Nouveau -Brunswick Conception et construction d'une nouvelle station de pompage des eaux usees d'un mille sur I'avenue Rothesay (Recommendation contenue clans le rapport) 5.7 2022 Services d'inspection technique (Recommendation contenue clans le rapport) 5.8 Station de relevement de Woodlawn Park —Alimentation de la pompe (Recommendation contenue clans le rapport) 5.9 Managed Health Care Services Inc. — Modification de la politique financiere (Recommendation contenue clans le rapport) 5.10 Achat de pompes — Station de pompage de I'avenue Thorne (station n° 4 de relevage des eaux usees) (Recommendation contenue clans le rapport) 5.11 Appel d'offres pour les melanges de beton bitumineux (Recommendation contenue clans le rapport) 5.12 Possibilite de financement — Offre de RDC (Recommendation contenue clans le rapport) 6. Commentaires des membres 7. Proclamation 7.1 Semaine nationale des telecommunicateurs publics — du 10 au 16 avril 2022 8. Delegations/Presentations 3 9. Seance publique 9.1 Proposition de modification de I'Arrete de zonage et rapport du Comite consultatif d'urbanisme recommandant un changement de zonage — 35, rue Margaret (premiere et deuxieme lecture) 10. Examen d'arretes municipaux 10.1 Arrete concernant ('utilisation des trottoirs clans la Ville de Saint John (troisieme lecture) 11. Soumissions des membres du Conseil 12. Questions de gestion interne — agents municipaux 13. Rapports des comites 13.1 Comite des finances : Subvention salariale d'urgence du Canada 13.2 Comite des finances : Fonds de reserve pour la modernisation du modele de collecte des dechets solides 13.2.1 Modernisation de la gestion des dechets solides —Acquisition et livraison de bacs et de conteneurs (Recommendation contenue clans le rapport) 14. Examen de questions non visees par les resolutions en bloc 15. Correspondance generale 15.1 Conseil des arts communautaires de Saint John : programme de financement pour 2022 (printemps) (Recommendation : Depot pour information) 15.2 Kaleidoscope Social Impact : Demande de lettre de soutien pour House of Merritt — Projet de logement avec services de soutien (Recommendation soumettre au directeur municipal pour la redaction de la lettre et autoriser la mairesse a signer au nom du Conseil) 15.3 Fondation canadienne du SGB/PDIC— Demande de proclamation pour faire en sorte que le mois de mai 2022 soit le Mois de la sensibilisation au SGB et a la PDIC (Recommendation : En referer au directeur municipal) 16. Ordre du jour supplementaire 17. Comite plenier 17.1 Renouvellement bail du marche de la City Market avec Sisters Italian Foods Ltd., operant sous le nom commercial enregistre Sisters Italian Foods CI 17.2 Bail du marche de la City Market avec Black Douglas Holding Ltd., Dba Sagratis 17.3 Nominations recommandees aux comites 18. Levee de la seance 61 Present: COMMON COUNCIL / CONSEIL COMMUNAL March 21, 2022 / le 21 mars 2022 MINUTES — REGULAR MEETING COMMON COUNCIL OF THE CITY OF SAINT JOHN MARCH 21, 2022 AT 6:00 PM 2ND FLOOR COMMON COUNCIL CHAMBER, CITY HALL 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 Gerry Lowe Councillor Ward 4 Greg Stewart Councillor Ward 4 Paula Radwan Absent: Councillor Ward 3 David Hickey Also Present: City Manager J. Collin General Counsel M. Tompkins Fire Chief & Chief Emergency Management Services K. Clifford Chief of Staff & Chief Financial Officer K. Fudge Commissioner, Human Resources S. Hossack Commissioner, Public Works and Transportation Services M. Hugenholtz Commissioner, Utilities & Infrastructure Services B. McGovern Commissioner, Growth & Community Services J. Hamilton Director Legislative Services / City Clerk J. Taylor Administrative Assistant K. Tibbits Administrative Officer R. Evans C.1 COMMON COUNCIL / CONSEIL COMMUNAL March 21, 2022 / le 21 mars 2022 1. Call to Order 1.1 Land Acknowledgement Councillor Stewart read aloud 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." 1.2 National Anthem The Portland United Church Youth Orchestra performed O Canada by recorded video. 2. Approval of Minutes 2.1 Minutes of March 7, 2022 Moved by Councillor Radwan, seconded by Deputy Mayor MacKenzie: RESOLVED that the meeting minutes of March 7, 2022, be approved. MOTION CARRIED. 3. Approval of Agenda Moved by Councillor Killen, seconded by Councillor Radwan: RESOLVED that the agenda of March 21, 2022 with the addition of Item 17.1 COVID-19 Vaccine or Test Policy; 17.2 Ashburn/Retail Intersection MOU; and 17.3 Termination of Lease Agreement — Baking Stone, be approved. MOTION CARRIED. 4. Disclosures of Conflict of Interest Councillor Radwan declared a conflict of interest on Item 17.2 Ashburn/Retail Intersection MOU. Councillor Killen declared a conflict of interest on Item 17.3 Termination of Lease Agreement — Baking Stone. 5. Consent Agenda 5.1 That as recommended by the City Manager in the submitted report M&C 2022- 081: Engineering Services: Rockwood Park Redevelopment Project Phase III, the proposal from GEMTEC Consulting Engineers and Scientists Limited, for engineering design and construction management services for the Rockwood Park Redevelopment 0a r� COMMON COUNCIL / CONSEIL COMMUNAL March 21, 2022 / le 21 mars 2022 Project Phase III in the amount of $271,571.35 including HST be accepted and that the Mayor and City Clerk be authorized to execute the appropriate documentation in that regard. 5.2 That as recommended by the City Manager in the submitted report M&C 2022- 079: Provincially Designated Highways - Proposed Five -Year Capital Improvement Program, Council authorize the Mayor to submit the proposed Provincially Designated Highways Five -Year Capital Improvements Program for the years 2022-2026 to the Minister of Transportation and Infrastructure. 5.3 That as recommended by the City Manager in the submitted report M&C 2022- 078: Renewal of Bell Ethernet Service Schedule, the City enter into the renewal of Bell Ethernet Services Schedule in the form as attached to M&C No. 2022-078 with Bell Canada for the delivery of ethernet network services and that the Mayor and Clerk be authorized to execute the Bell Ethernet Services Schedule. 5.4 That as recommended by the City Manager in the submitted report entitled: Donation of Public Art, Common Council authorize the Mayor and City Clerk to sign and execute the submitted contract between the City of Saint John, Friends of Seaside Park, and Sculpture Saint John. 5.5 That as recommended by the City Manager in the submitted report M&C 2021- 089: Ernst & Young Consulting Services for Performance Management, Common Council approve the engagement of Ernst & Young LLP as outlined in the proposal attached to M&C 2022-089 to support the City in implementing a corporate performance management system. 5.6 That as recommended by the City Manager in the submitted report M&C 2022- 077: Agreement with NBCC for provision of Fire Service Training, Common Council authorize the Mayor and Common Clerk to execute the submitted agreement with the New Brunswick Community College (NBCC) for the purpose of provisioning emergency service training to external agencies. 5.7 Refer to Item 14.1 Moved by Deputy Mayor MacKenzie, seconded by Councillor Killen: RESOLVED that the recommendation set out in each consent agenda item respectively with the exception of Item 5.7 Council Member Meeting Attendance Records, which was identified for debate, be adopted. MOTION CARRIED UNANIMOUSLY. 6. Members Comments Council members commented on various community events. 7. Proclamation 7.1 International Day for the Elimination of Racial Discrimination in The City of Saint John - March 21, 2022 E:3 COMMON COUNCIL / CONSEIL COMMUNAL March 21, 2022 / le 21 mars 2022 The Mayor declared March 21, 2022 as International Day for the Elimination of Racial Discrimination in The City of Saint John. 8. Delegations/Presentations 8.1 Port Saint John: Positioned for Performance Mr. C. Estabrooks, President and CEO of Port Saint John provided an update on the Port's operations, priorities, and its strategic vision. Moved by Councillor Killen, seconded by Deputy Mayor MacKenzie: RESOLVED that the presentation Port Saint John: Positioned for Performance, be received for information. MOTION CARRIED. 9. Public Hearings- 6:30pm 10. Consideration of By -Laws 10.1 Use of Sidewalks By -Law — By -Law Amendment (1st and 2nd Readin Commissioner Hamilton stated that the proposed suite of amendments for the Use of Sidewalks bylaw incorporates changes intended to improve clarity and predictability for applicants seeking permission to use the right-of-way for sidewalk cafes or vending. Ms. B. Crawford provided an overview of the amendments which modifies several requirements, removes outdated language, and updates a fee table to provide clarity to applicants. Moved by Councillor Harris, seconded by Councillor Radwan: RESOLVED that the by-law entitled, "By -Law Number L.G.-13 A By -Law respecting the Use of Sidewalks within The City of Saint John and amendments thereto", which clarifies insurance requirements, parking fees and submission requirements for Sidewalk Cafes, permission requirements for Sidewalk Vendor sites and removes outdated and superseded sections of the Bylaw related to sidewalk openings, be read a first time. MOTION CARRIED. Read a first time by title, the by-law entitled "By -Law Number L.G.-13 A By -Law respecting the Use of Sidewalks within The City of Saint John and amendments thereto." Moved by Councillor Harris, seconded by Councillor Radwan: RESOLVED that the by-law entitled, "By -Law Number L.G.-13 A By -Law respecting the Use of Sidewalks within The City of Saint John and amendments thereto", which clarifies insurance requirements, parking fees and submission requirements for Sidewalk Cafes, permission requirements for Sidewalk Vendor sites and removes outdated and superseded sections of the Bylaw related to sidewalk openings, be read a second time. MOTION CARRIED COMMON COUNCIL / CONSEIL COMMUNAL March 21, 2022 / le 21 mars 2022 Read a second time by title, the by-law entitled "By -Law Number L.G.-13 A By -Law respecting the Use of Sidewalks within The City of Saint John and amendments thereto." 10.2 Zoning By -Law Amendment — 2626 Loch Lomond Road (31d Reading) Commissioner Hamilton advised that all legislative requirements have been met. Moved by Deputy Mayor MacKenzie, seconded by Councillor Killen: RESOLVED that the by-law entitled "A Law to Amend the Zoning By -Law of The City of Saint John", rezoning parcels of land having an area of approximately 8.12 hectares, located at 2626 Loch Lomond Road, also identified as portions of PI Numbers 00331066 and 55217285 from Rural (RU) and Neighbourhood Community Facility (CFN) to Rural Residential (RR), be read. MOTION CARRIED The by-law entitled "By -Law Number C.P. 111-132 A Law to Amend the Zoning By -Law of The City of Saint John," was read in its entirety. Moved by Councillor Lowe, seconded by Councillor Radwan: RESOLVED that the by-law entitled "A Law to Amend the Zoning By -Law of The City of Saint John", rezoning parcels of land having an area of approximately 8.12 hectares, located at 2626 Loch Lomond Road, also identified as portions of PI Numbers 00331066 and 55217285 from Rural (RU) and Neighbourhood Community Facility (CFN) to Rural Residential (RR) 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 C.P. 111-132 A Law to Amend the Zoning By -Law of The City of Saint John." Moved by Councillor Harris, seconded by Councillor Killen: RESOLVED that Common Council accept a money in -lieu of Land for Public Purposes dedication for the proposed Cynthia J. and Victor S. Train Subdivision at 2626 Loch Lomond Road. MOTION CARRIED. 10.3 Zoning By -Law Amendment with Section 59 Conditions — 1781 Bayside Drive (31d Reading) Commissioner Hamilton advised that all legislative requirements have been met. Moved by Councillor Stewart, seconded by Councillor Harris: RESOLVED that the by-law entitled "By -Law Number C.P. 111-133 A Law to Amend the Zoning By -Law of The City of Saint John" rezoning a parcel of land having an area of approximately 1.71 hectares, located at 1781-1875 Bayside Drive, also identified as a portion of PID Number 55239131, from Pit and Quarry (PQ) to Rural (RU), be read. MOTION CARRIED. Ito] COMMON COUNCIL / CONSEIL COMMUNAL March 21, 2022 / le 21 mars 2022 The by-law entitled, "By -Law Number C.P. 111-133 A Law to Amend the Zoning By -Law of The City of Saint John," was read in its entirety. Moved by Councillor Harris, seconded by Councillor Killen: RESOLVED that: 1. Common Council rescind the Section 39 conditions imposed on the August 13, 2007, rezoning of the property located at 1781 Bayside Drive, also identified as a portion of PID 55239131; and, 2. Common Council rescind the Section 39 conditions imposed on the June 10, 2013, rezoning of the property located at 1875 Bayside Drive, also identified as a portion of PID 55239131. MOTION CARRIED. Moved by Councillor Sullivan, seconded by Councillor Stewart: RESOLVED that: 1. Common Council, pursuant to the provisions of Section 59 of the Community Planning Act, impose the following condition on the parcel of land having an area of approximately 1.71 hectares, located at 1781 Bayside Drive, also identified as a portion of PID Number 55239131: (a) That no restricted activity, as set out in the National Energy Board Order RE- E236-17-2008, registered in the Saint John County registry office as document number 25431298 on April 17, 2008, be carried out within 200 meters of the Emera Brunswick Pipeline Company pipeline without the prior approval of the Emera Brunswick Pipeline Company. 2. Common Council, pursuant to the provisions of Section 59 of the Community Planning Act, impose the following conditions on the parcel of land having an area of approximately 89.49 hectares, located at 1781 Bayside Drive, also identified as a portion of PID Number 55239131: (a) In addition to the requirements contained in Section 12.4 of the Zoning By-law, the elevation of any portion of the site after excavation shall be no less than 53 metres above sea level, and that the proponent implement and conduct a groundwater monitoring program, developed by a Professional Engineer or Geoscientist, and approved by the Development Officer, Building Inspector. or designate, and the City's Chief Engineer or designate. (b) In addition to the requirements contained in Section 12.4 of the Zoning By -Law, with respect to drainage, a storm water study and hydrology plan be prepared by the proponent. These plans, in addition to the requirements of Section 12.4 of the Zoning By -Law related to drainage are subject to the approval of the Development Officer, Building Inspector or designate, and the City's Chief Engineer or designate. 11 COMMON COUNCIL / CONSEIL COMMUNAL March 21, 2022 / le 21 mars 2022 (c) Trucks and equipment, not being utilized as part of the active excavation of the site, shall not be stored on the site. (d) All access to the site shall be via the existing driveway at 1781 Bayside Drive. (e) That the proponent provide the Development Officer with confirmation that the necessary Provincial approvals, including but not limited to Watercourse and Wetland Alteration permits and an Approval to Operate for the quarry portion of the site, have been granted, prior to the issuance of the Excavation Permit by the City. (f) That no restricted activity, as set out in the National Energy Board Order REE236-17-2008, registered in the Saint John County registry office as document number 25431298 on April 17, 2008, be carried out within 200 meters of the Emera Brunswick Pipeline Company pipeline without the prior approval of the Emera Brunswick Pipeline Company. (g) That the area of the site to be excavated and operated as a quarry be limited to the portion of the site indicated in the applicant's plan submitted with the application and that the treed area between the quarry area and the eastern property line of the site remain treed. MOTION CARRIED Moved by Councillor Sullivan, seconded by Councillor Radwan: RESOLVED that the by-law entitled "By -Law Number C.P. 111-133 A Law to Amend the Zoning By -Law of The City of Saint John" rezoning a parcel of land having an area of approximately 1.71 hectares, located at 1781-1875 Bayside Drive, also identified as a portion of PID Number 55239131, from Pit and Quarry (PQ) to Rural (RU) be read a third time, enacted and the Corporate Common Seal affixed thereto. MOTION CARRIED Read a third time by ttile, the by-law entitled, "By -Law Number C.P. 111-133 A Law to Amend the Zoning By -Law of The City of Saint John." 10.4 By -Law resoectina Weiaht Restrictions within The Citv of Saint John (31d Readina) Moved by Councillor Harris, seconded by Councillor Killen: RESOLVED that the bylaw entitled "By-law Number L.G.-17 A By-law Respecting Weight Restrictions within The City of Saint John," repealing and replacing the bylaw entitled "A By -Law Respecting Weight Restrictions Within The City of Saint John", By-law Number MV-17, and all amendments thereto" to include a streamline permit process, be read. MOTION CARRIED. The bylaw entitled, "By-law Number L.G.-17 A By -Law Respecting Weight Restrictions within the City of Saint John," was read in summary. Moved by Councillor Sullivan, seconded by Councillor Stewart 12 COMMON COUNCIL / CONSEIL COMMUNAL March 21, 2022 / le 21 mars 2022 RESOLVED that the bylaw entitled "By-law Number L.G.-17 A By-law Respecting Weight Restrictions within The City of Saint John," repealing and replacing the bylaw entitled "A By -Law Respecting Weight Restrictions Within The City of Saint John", By-law Number MV-17, and all amendments thereto" to include a streamline permit process, be read a third time, enacted and the Corporate Common Seal affixed thereto. MOTION CARRIED. Read a third time by title, the bylaw entitled, "By-law Number L.G.-17 A By -Law Respecting Weight Restrictions within the City of Saint John." 11. Submissions by Council Members 12. Business Matters -Municipal Officers 12.1 Referral Response - 2022 Field, Arena Floor and Tennis Rates Commissioner Hamilton stated that the amended recommendation addresses concerns raised at the last meeting with respect to the timing of the implementation of rates for recreation facilities for the 2022 season. Director Ouellette reviewed the submitted report entitled Sports Field, Arena Floor, and Tennis Rates — 2022. Aspects of the amended staff recommendation was discussed and Council was updated on the consultation input received from the user groups. Moved by Councillor Harris, seconded by Councillor Killen: RESOLVED that Common Council freeze the rates as they currently are based on staff's recommendation for 2022 and that crucial investments be made in recreation and our parks to provide the best possible service to residents and develop a new governing policy in 2023 that embodies these values. MOTION CARRIED with Deputy Mayor MacKenzie and Councillors Sullivan, Norton and Radwan voting nay. Moved by Councillor Sullivan, seconded by Councillor Radwan: RESOLVED that as recommended by the City Manager in the submitted report M&C 2022-074: Referral Response - 2022 Field, Arena Floor and Tennis Rates, Common Council: 1. Approve the updated Outdoor Facility Allocation Policy, as attached to M&C Report 2022-074 (Attachment `H'); and 2. Direct the City Manager to develop recommendations for Finance Committee's consideration for the 2023 implementation for the Recreation Subsidization Policies, including, among others, the opportunity for additional P.R.O. Kids investment, additional affordability and competitiveness adjustments in the calculation of field rates, and further differentiation of field types in the assessment of rates. MOTION CARRIED. 13 COMMON COUNCIL / CONSEIL COMMUNAL March 21, 2022 / le 21 mars 2022 12.1.1 Saint John Senior Alpines - Memorial Field - Field Rates Moved by Deputy Mayor MacKenzie, seconded by Councillor Norton: RESOLVED that the letter from the Saint John Senior Alpines regarding Memorial Field, field rates, be received for information. MOTION CARRIED. 12.2 General Counsel Office 2021 Annual Report General Counsel M. Tompkins reviewed the General Counsel 2021 Annual Report. Moved by Councillor Stewart, seconded by Councillor Ogden: RESOLVED that the submitted report M&C 2022-085: General Counsel Office 2021 Annual Report, be received for information. MOTION CARRIED. 12.3 Annual FCM Conference Attendance Moved by Councillor Sullivan, seconded by Councillor Ogden: RESOLVED that Common Council provide authorization to offer an opportunity to the two FCM representatives to attend the FCM annual conference either in -person or through an on-line event, at their discretion. MOTION CARRIED. 13. Committee Reports 14. Consideration of Issues Separate from Consent Agenda 14.1 Council Member Meetina Attendance Records Moved by Councillor Radwan, seconded by Councillor Killen: RESOLVED that as recommended by the City Manager in the submitted report M&C 2022-082: Council Member Meeting Attendance Records, the attendance of Members of Council to meetings of Common Council, Committee of the Whole, Standing Committees of Council, and the agencies, boards, commissions and other committees to which they have been appointed by Council, be posted to the City's website. MOTION CARRIED with Councillors Stewart and Lowe voting nay. 15. General Correspondence 15.1 A. Johnson: Community Involvement begins at the Top (Recommendation: Receive for Information) Moved by Councillor Killen, seconded by Councillor Lowe 14 COMMON COUNCIL / CONSEIL COMMUNAL March 21, 2022 / le 21 mars 2022 RESOLVED that the letter received from A. Johnson be received for information. MOTION CARRIED. 15.2 Tidal Heritage Development Ltd.: Street Grid Reconstruction at Germain and Lower Cove Loop (Recommendation: Receive for Information) Moved by Deputy Mayor MacKenzie, seconded by Councillor Radwan: RESOLVED that the letter from Tidal Heritage Development Ltd.: Street Grid Reconstruction at Germain and Lower Cove Loop, be received for information. MOTION CARRIED. 15.3 B. Holmes: Dump Trucks on Manchester Avenue (Recommendation: Refer to City Manager for a staff response to citizen concern) Moved by Councillor Sullivan, seconded by Councillor Radwan: RESOLVED that the letter from B. Holmes regarding dump trucks on Manchester Avenue be referred to the City Manager for a staff response. MOTION CARRIED. 16. Supplemental Agenda 17. Committee of the Whole 17.1 COVID-19 Vaccine or Test Policy Moved by Councillor Norton, seconded by Councillor Radwan: RESOLVED that as recommended by the Committee of the Whole, having met on March 21, 2022, Common Council approve the following: 1. The COVID-19 Vaccine or Test Policy statement adopted by Common Council on September 7, 2021, including the resulting Policy, be rescinded. 2. The following COVID-19 Policy statement pertaining to new employees hired on or after March 21, 2022, be adopted by Council: As a condition of employment with the City of Saint John, employees hired on or after March 21, 2022, are required to show proof of full vaccination against COVID-19, or a valid medical certificate exempting them from the vaccine. MOTION CARRIED. (Having declared a conflict of interest, Councillor Radwan withdrew from the meeting) 17.2 Project Update and Land Swap Agreement for Alignment of Retail Drive and Ashburn Lake Road Intersections Moved by Councillor Killen, seconded by Councillor Stewart: 10 15 COMMON COUNCIL / CONSEIL COMMUNAL March 21, 2022 / le 21 mars 2022 RESOLVED that as recommended by the Committee of the Whole, having met on March 21, 2022, The City of Saint John enter into the Memorandum of Understanding with Clear View Homes Ltd. for the purpose of exchanging land in the form as presented to Committee of the Whole and the Mayor and Clerk be authorized to execute the said Memorandum of Understanding and any document ancillary thereto or necessary to give effect to the transaction. MOTION CARRIED. (Councillor Radwan re-entered the meeting) (Having declared a conflict of interest, Councillor Killen withdrew from the meeting) 17.3 Termination of Lease Aareement — Bakina Stone Moved by Councillor Radwan, seconded by Deputy Mayor MacKenzie: RESOLVED that as recommended by the Committee of the Whole, having met on March 21, 2022, the lease agreement with the Baking Stone as referenced in Committee of the Whole M&C Report 2022-090 be formally terminated effective May 1, 2022, and that outstanding arrears of $5310.85 be forgiven, provided the premises are vacated in good condition no later than May 1, 2022. MOTION CARRIED 18. Adjournment Moved by Councillor Lowe, seconded by Councillor Sullivan: RESOLVED that the meeting of Common Council held on March 21, 2022 be adjourned. MOTION CARRIED. The Mayor declared the meeting adjourned at 8:40 p.m. 11 COMMON COUNCIL REPORT M&C No. 2022-097 Report Date March 24, 2022 Meeting Date April 04, 2022 Service Area Growth and Community Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT: Proposed Local Government Services Easement — 406-418 Chesley Drive AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Mark Reade Jacqueline Hamilton I John Collin RECOMMENDATION That Common Council assent to the submitted subdivision plan entitled "Tentative Subdivision Plan — Ocean Steel and Construction Ltd. Subdivision", located at 406-418 Chesley Drive (PIDs 00372888, 55144273, 00369611, 00369629, 55118434, 00369652, 55217525, 55217533, 55144265, 55144216, and 55144232), with respect to the vesting of the proposed Local Government Services Easement. EXECUTIVE SUMMARY The purpose of this report is to seek Common Council's assent to a Local Government Services Easement to protect existing City piped infrastructure. PREVIOUS RESOLUTION There are no previous resolutions related to this matter. REPORT The attached tentative plan of subdivision has been submitted that would create Lots 22-01 and 22-02 through the consolidation of several existing parcels of land at the Ocean Steel site on Chesley Drive. This plan would also vest in the City a Local Government Services Easement over Lot 22-01 to protect existing municipal piped infrastructure (sewer outfall). The location and easement width have been confirmed by the Infrastructure Development division of Growth and Community Services and Saint John Water. The purpose of this report is to recommend the necessary formal acceptance of the easement by resolution of Common Council. Often the vesting of municipal services easements is considered by Council in a recommendation from the Planning Advisory Committee when dealing with more significant subdivision and development applications where additional approvals are required. However, in this case, there are no other approvals that require the consideration of the Committee, and the Community Planning Act 17 -2- does not require the Committee's involvement when only dealing with easements. The vesting of the proposed municipal services easement is supported by Infrastructure Development and Saint John Water. Therefore, Council's assent to the attached subdivision plan with respect to the proposed Local Government Services Easement is recommended. STRATEGIC ALIGNMENT The proposed approach aligns with the Common Council's priorities of Grow and Green. SERVICEAND FINANCIAL OUTCOMES It is in the interest of The City of Saint John to obtain easements for the protection and maintenance of municipal services including underground piped infrastructure. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The City's Permitting and Development Service Area provided input to this report along with Saint John Water and the General Counsel's Office. ATTACHMENTS Tentative Subdivision Plan Tentative Subdivision Plan with Air Photo Overlay iF:3 sis�ma�botsus\we�s�oa U —m z t c o F E E _ O In N N T - o � c� Z z -p U N c a 3 a"E w E. (n O O f �'♦ 83. q E �Y \\ s a 000 ££S Z 000 ££S aq j IN 10 ooa zes z -V`�(� \ + 'Oo ooa zes a N s°16nOQ Eoo- Eino- Eoo- Eoo- E�o_ Eoo_ Ego_ Ego_ Ego_ Eino- ENo_ E. vEz vEz vEz vEz vEz vEz vEz vEz vEz vE 0 Q d Q sis�ma�botsus\we,s�os\m OO�+• R � _ E �ry E �� .� M1 E z 1 ♦ O6 m t - _ 3 a"E W E E �av o -m 2 C a n ON � ca)� Z z -o U a)ai c : r (n O C O cn . . . . . . . N . . N . . N . . N .� \\ Q 0 Q COMMON COUNCIL REPORT M&C No. 2022-104 Report Date March 29, 2022 Meeting Date April 04, 2022 Service Area General Counsel Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT. Initiate Stop -Up and Closure for Portion of Chipman Hill and Convey to 703732 N.B. Ltd. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Curtis Langille Melanie Tompkins I John Collin RECOMMENDATION It is recommended Common Council adopt the following resolution: 1. That the Public Hearing to consider the passing of an amendment to the Street Closing By-law to Close an 11 square metre portion of a public street known as Chipman Hill, as shown on a Plan of Survey titled, "Showing portion of Chipman Hill, City of Saint John, Saint John County, New Brunswick" (see attached), be set for Tuesday, April 19, 2022 at 6:30 p.m. in the Council Chamber; 2. That Common Council authorize the publishing of a notice of its intention to consider the passing of such By-law, identified above; 3. In the event that Common Council gives Third Reading to the By -Law Amendment as stated above, that the City sell the property to 703732 N.B. Ltd. for a purchase price of $2,500.00, and that the purchaser be responsible for: a. any plan of survey required to initiate the process for the stop -up and closure for a portion of Chipman Hill; and b. any fees or administrative processes to effect the conveyance of the property. 4. That the Mayor and City Clerk be authorized to execute the documents necessary to effect the transaction. EXECUTIVE SUMMARY A numbered company, 703732 N.B. Ltd. (the "Owner"), owns a property at civic #15 Market Square (City Hall). The Owner is currently renovating upper floors in 21 -2- the building and is planning a major renovation to the pedway level, commonly referred to as the Shoppes of City Hall. The purpose of this report is to initiate the process to stop -up and close an 11 square metre portion of Chipman Hill right-of- way (see attached plan of survey) for the purpose of conveying it to the Owner to enable the construction of a wheelchair accessible ramp into the pedway level of the building. The small area of street right-of-way to be closed is a portion of the accent sidewalk area and does not include any of the travelled pedestrian walkway nor the travelled portion of the street. PREVIOUS RESOLUTION N/A REPORT The Owner of the property known as City Hall has been actively renovating the upper floors of its building. As part of its renovations, the Owner is planning to completely renovate the pedway level of the building, commonly referred to as the Shoppes of City Hall. As part of this project, the owner intends to construct a concrete wheelchair accessible ramp that will run parallel to Chipman Hill (see attached plan). Due to the minimal space between the existing building and associated structure and the property line abutting Chipman Hill street right-of- way, the Owner is requesting the City to stop -up and close an 11 square metre (118 square foot) portion of the street right-of-way to enable this project to move forward. As shown on an attached plan, the area to be closed extends approximately one metre beyond the common property boundary shared between the City Hall building and the street right-of-way. This area includes an existing brick accent area, adjacent to the existing pedestrian walkway. There would be no impact to motorists or pedestrians in this request. City staff have no objection to this request to close and convey to 703732 N.B. Ltd. the 11 square metres, as shown on the attached plan of survey. Public Works and Transportation are supportive of the request to close the minimal amount of undeveloped right-of-way, as requested by the Owner to facilitate their development. Due to the minimal area considered for closure and its proximity in relation to the travelled street, the 11 square metre area would have no value to any other property. Therefore, market value cannot be considered an accurate land value in this instance. The property owner has offered to pay $2,500.00 for the 11 square metre parcel (if closed); this results in approximately $227.00 per square metre. If this small area of land were marketable, it would constitute a fair offer for the land considered in this case. Staff are supportive of the offer that is detailed in the recommendation of this report, including the proponent being WA -3- responsible for a plan of survey and all other ancillary costs necessary to facilitate this land transfer. STRATEGIC ALIGNMENT One of Council's priorities identifies MOVE in that the City offers safe, accessible travel options for the movement of people along sidewalks that align with MoveSJ and related plans. It is a priority of Council to GROW by aiding development opportunities as they arise. This report also aligns with Council's BELONG priority. SERVICEAND FINANCIAL OUTCOMES All costs related to the stop -up and closure process, including all survey costs and fees associated with the subsequent land transfer and registration fees are the responsibility of the Owner. The City will receive $2,500.00 for the sale of 11 square metres of land. No services will be impacted by this land sale. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Growth and Community Services (Planning and Building Inspection), Public Works and Transportation and Infrastructure Development and GCO provided input into the preparation of this report. ATTACHMENTS 1. Location Map; 2. Site Plan; and 3. Plan of Survey. W Service New Brunswick Service Nouveau -Brunswick x A Chipman Hill Street Closure Scaletchelle 1:1075 Date: 2022/03/30 09:37:29 metres 0 1° 0 51) a 75 0 metres While this map may not be free from error or omission, care has been taken to ensure the best possible quality This map is a graphical representation of property boundaries which approximates the size, configuration and location of properties It is not a surrey and is not intended to be used for legal description or to calculate exact dimensions or area. MAme si cette carte nest peat -titre pas libre de toute erreur ou omission, toutes les prAcautions ont 6tL' prises pour en assurer la meilleure quality possible. Cette carte est une representation graphique approximative des terrains (limites. dimensions, configuration et emplacement) E',le n'a aucun caractLre officiel et ne doit donc pas servir A la r@daction de la description officielle d'un lerra.n ni au calcul de ses dimensions exactes ou de sa superficie 24 O s zm°y ? U C Z Z 'w p 14 EM V .� Q_ o a'a � -.>+ C 3 2 o o y??E V V�0W UEa ny�h o ° E ° o m h da mm m a dm � z a a v a c � rnan,�,an 7P�2 en da fbCNo m ��GF On. 001.11m e j 2 \\r E � o" 25 vEP m fr � m m2°"~�g°�QE�gam�E y �2v og §mom - � III J I 1Vd s oa pis\�Ma Fooc �zs\�a�fizoz\�H c C C p > m _ i= L tom F -0 E 2 L L In p `F v _° O c CZZ :.0 o O O_,(n O QN) N O' v� - _ -O 0-0 `E 4E o 6 ow O C ,cam J N o � � U x Ch. Pmdn �Q�n� V 10 cW? `) Ld it E i ceeie s�dewo\k ',/ sreie / Q � ry 0 0 0 o Duo _ W z�00001009�� G' a w y I COMMON COUNCIL REPORT M&C No. 2022-108 Report Date March 29, 2022 Meeting Date April 04, 2022 Service Area Growth and Community Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT: Proposed Public Hearing Date — 60 Exmouth Street and 990 Fairville Boulevard AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Jennifer Kirchner Jacqueline Hamilton I John Collin RECOMMENDATION RESOLVED That Common Council schedule the public hearings for the Section 59 amendment application submitted by Kaleidoscope Social Impact for 60 Exmouth Street (PIDs 00016097, 00013045, 00013037, 55146716 and 00016204); and the Zoning By-law amendment application submitted by Comeau MacKenzie Architecture for 990 Fairville Boulevard (PID 403378) for Monday, June 13, 2022 at 6:30 p.m. at the Council Chamber, City Hall 2nd floor, 15 Market Square, Saint John, NB. EXECUTIVE SUMMARY The purpose of this report is to advise Common Council of the Section 59 amendment application and the Zoning By-law amendment application received and to recommend an appropriate public hearing date. The next available public hearing date is Monday, June 13, 2022. PREVIOUS RESOLUTION At its meeting of August 3, 2004, Common Council resolved that: 1. the Commissioner of Planning and Development receive all applications for amendments to the Zoning By-law and Section 39 [now referred as section 59] resolutions/agreements and proceed to prepare the required advertisements; and 2. when applications are received a report will be prepared recommending the appropriate resolution setting the time and place for public hearings and be referred to the Planning Advisory Committee as required by the Community Planning Act. WA -2- REPORT In response to the motion above, this report indicates the application received and recommends an appropriate public hearing date. Details of the applications are available in the Common Clerk's office and will form part ofthe documentation at the public hearing. The following applications have been received forthe June 13, 2022 Public Hearing date: Name of Location Existing Reason Applicant Zone Kaleidoscope 60 Exmouth General The Section 59 amendment will Social Impact Street (PIDs Commercial (CG) remove the existing restrictions 00016097, which limits the use of the site 00013045, to the previously approved 00013037, dinner theatre and associated 55146716 and uses. 00016204) Name of Location Existing Proposed Zone Reason Applicant Zone Comeau 990 Fairville Regional Regional To facilitate a MacKenzie Boulevard Commercial Commercial mixed use Architecture (PID 403378) (CR) Residential (CR- residential R) and commercial development. While the holding of public hearings for proposed Zoning By-law amendments and rezoning are a legislative requirement of the Community Planning Act, it is also a key component of a clear and consistent land development processes envisioned in the One Stop Development Shop Program. These processes provide transparency and predictability for the development community and City residents. On a broader note, the development approval process works towards fulfilling key Council priorities including: • ensuring Saint John has a competitive business environment for investment, • supporting business retention and attraction; and • driving development in accordance with PlanSJ which creates the density required for efficient infrastructure, services, and economic growth. ia:3 -3- SERVICEAND FINANCIAL OUTCOMES The scheduling of the public hearing and referral to the Planning Advisory Committee satisfies the legislative and service requirements as mandated by the Community Planning Act. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS N/A ATTACHMENTS None Wel COUNCIL REPORT M&C No. 2022-098 Report Date March 30, 2022 Meeting Date April 04, 2022 Service Area Utilities and Infrastructure Services Her Worship Mayor Donna Noade Reardon and Members of Council SUBJECT. Street Naming — Pisunawtik Road AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Yves Leger J. Brent McGovern /Michael Baker John Collin RECOMMENDATION It is recommended that Council amend the list of Official Street Names and approve the following change: 1. Add the name "chemin Pisunawtik Road". EXECUTIVE SUMMARY A new wind farm development located in Lorneville, between King William Road and Burchill Road, consisting of multiple electrical power generating wind turbines has been approved. Because the number of uniquely addressed wind turbines accessed via a new road will be greater than two, the new road into the development requires an official street name in order to meet NB 9-1-1 civic addressing guidelines. Given the road is well under construction it needs to be officially named as soon as possible in case there is an emergency during construction of the wind farm. Staff has asked the developer to suggest a name for the new road into the development and after consulting with the Wolastogey Nation in New Brunswick, they suggested "Pisunawtik". This street name meets NB 9-1-1 guidelines and is therefore acceptable. PREVIOUS RESOLUTION None 10191 -2- REPORT A new wind farm development located in Lorneville, consisting of multiple electrical power generating wind turbines has been approved. As part of the development, a new road between King William Road and Burchill Road is being constructed, to provide access to the wind turbines. Because the number of uniquely addressed wind turbines accessed via the new road will be greater than two, the new road into the development requires an official street name in order to meet NB 9-1-1 civic addressing guidelines. Staff has asked the developer to suggest a name for the new road into the development (see attachment). The developer consulted the Wolastogey Nation in New Brunswick, and received "Pisunawtik" as their preferred name saying: "This name signifies all the traditional and natural medicines that were so bountiful generations ago. The forest was considered our Wolastoqey walk-in pharmacy. Although we still are fortunate enough to harvest a few of our traditional medicines, we don't have too many medicine gatherers as assimilation has changed the nature of our medicine usage and limited our traditional walk-in pharmacy based on "Crown Land" borders. This name would honour our ancestral rights to our healing past, present and future." Whereas the road is well under construction, the road should be officially named as soon as possible, in case there is an emergency during construction of the wind farm. This street name does not currently exist in Saint John, nor in neighbouring communities and therefore meets NB 9-1-1 guidelines for street names. STRATEGIC ALIGNMENT Ensuring street names meet NB 9-1-1 guidelines aligns directly with Council's "Move" priority by offering safe, accessible travel options. SERVICEAND FINANCIAL OUTCOMES The costs to the City of Saint John for this are approximately $530 associated with installing new street name signs at the intersection with King William Road and Burchill Road. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Public Works and Transportation Services were consulted and will cover the costs from their operating budget. ATTACHMENTS Schedule A: Pisunawtik Road 31 ghr b Connors r u Lake m �a �r ea �0 �a e H a a, .c U G Frenchmans Creek Shannons �a Lake \e ,�• \-ol�e Seaview COUNCIL REPORT M&C No. 2022-093 Report Date March 29, 2022 Meeting Date April 04, 2022 Service Area Utilities and Infrastructure Services Her Worship Mayor Donna Noade Reardon and Members of Council SUBJECT. Engineering Services Peters Street — Water, Sanitary, Storm and Street Reconstruction AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Gerald Mattsson J. Brent McGovern / Michael Baker John Collin RECOMMENDATION It is recommended that the proposal from EXP Services Inc., for engineering design and construction management services for the Peters Street — Water, Sanitary, Storm and Street Reconstruction project in the amount of $148,508.70 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 Peters Street includes the replacement of the existing watermain and sanitary sewer, the installation of a new storm sewer for separation as well as full street reconstruction from Coburg Street to Waterloo Street. The purpose of this report is to recommend that Council award the contract for Engineering Services for the design and construction management services for Peters Street (Coburg Street to Waterloo Street) to EXP Services Inc. 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 (formally the Gas Tax Fund) Capital Investment Plan and General Fund Capital Program — Revision 1, approved. 10191 -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 sewer and street reconstruction on Peters Street (Coburg Street to Waterloo 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: • Part A —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 March 10, 2022, with responses received from the following three (3) consulting engineering companies: • CBCL Limited, Saint John, NB • Englobe Corp., Saint John, NB • EXP Services Inc., 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 came to a conclusion on their recommendation, which follows later in the report. -3- 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 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 EXP Services Inc. 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 EXP Services Inc. met all the requirements of the proposal call, in a manner acceptable to the committee and with a cost- effective bid for the project. POLICY —ENGAGEMENT OF ENGINEERING CONSULTANTS 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 W -4- proposal not to exceed the Recommended Hourly Rates as contained in The Association of Consulting Engineering Companies — New Brunswick fee guideline. The Construction Management component of this project fee is based on an estimated 12-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 BELONG, GROW, MOVE AND PERFORM as the project involves reconstructing a city street that is currently in poor condition with City and Other Share funding. The design of the overall project on Peters Street will incorporate recommendations from the Council approved Central Peninsula Secondary Plan. SERVICEAND FINANCIAL OUTCOMES The proposed cost of work from EXP Services Inc. to provide engineering design and construction management services for the Peters Street — Water, Sanitary, Storm and Street Reconstruction project is $148,508.70 including HST. This cost is based on an estimated 12-week construction management period. An amount of $1,035,000 is included in the 2022 Water & Sewerage Utility Fund and General Fund Capital Programs 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 14.3% of the total estimated project cost. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Supply Chain Management facilitated the RFP process to solicit proposals from Engineering Consultants for the Peters Street project. The committee was tasked 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 K11-1 COUNCIL REPORT M&C No. 2022-099 Report Date March 30, 2022 Meeting Date April 04, 2022 Service Area Utilities and Infrastructure Services Her Worship Mayor Donna Noade Reardon and Members of Council SUBJECT. Highway Usage Permit (HUP) — Province of New Brunswick Design & Construction of New One Mile Sewage Lift Station on Rothesay Avenue. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Gerald Mattsson J. Brent McGovern / Michael Baker John Collin RECOMMENDATION It is recommended that the City of Saint John enter into Highway Usage Permit (HUP) No. 202011R1030300101 with the Province of New Brunswick (Minister of Transportation and Infrastructure) and that the Mayor and City Clerk be authorized to execute the necessary documents. EXECUTIVE SUMMARY The purpose of this report is to recommend that Council enter into a Highway Usage Permit with the Province of New Brunswick (Minister of Transportation and Infrastructure) to permit usage of Provincial property and facilitate construction of the One Mile Lift Station Project which includes the design, construction management, and construction of a new sewage lift station to replace the existing infrastructure which is beyond its useful life expectancy. PREVIOUS RESOLUTIONS July 26, 2021: M&C 2021-221— Utility and General Fund — 2021 Capital Program, Revision III, approved. November 9, 2020; (M&C 2020-275) Engineering Services: One Mile Lift Station, approved. Kul -2- REPORT The current One Mile Lift Station is beyond its useful life and exhibits problems with clogging and requires frequent maintenance. CBCL Limited has been engaged to design and complete construction management of the new One Mile Lift Station. Obtaining a Highway Usage Permit (HUP) is required from the Department of Transportation and Infrastructure (DTI) for accessing and using DTI owned property. The agreement is not unlike a railway crossing licence or an agreement to cross natural gas pipelines in that a permit holder, the City, is required to commit to a standard set of terms and conditions in return for the privilege of accessing and using DTI's property. The attached HUP is substantially the same as previous permits in respect to its terms and conditions. The construction of a new One Mile Lift Station is expected to be tendered later this summer. The contract between the successful bidder and the city for construction of the new lift station will require the successful bidder to abide by every term and condition outlined in the HUP agreement. The HUP would expire upon the City purchasing a portion of the propertyfrom the Province. Purchase of the property is expected to begin with completion of design in approximately six months. The HUP agreement will allow access to the site and sufficient area for the work to be completed while the terms of the property purchase are discussed. STRATEGIC ALIGNMENT This report aligns with Council's Priorities of Grow, Green, and Perform, specifically as the project includes renewing an old lift station that is currently in poor condition while leveraging Other Share funding. SERVICEAND FINANCIAL OUTCOMES The existing infrastructure at the One Mile Lift Station is outdated, unreliable, and requires replacement. The renewal of the lift station will improve service delivery and reliability at the One Mile Lift Station. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The General Counsel's Office and the City's Insurance Coordinator have reviewed the documentation. ATTACHMENT (1) Highway Usage Permit (HUP) No. 202011R1030300101 K1:3 B New. Nouveau runswi& Department of Transportation and Infrastructure Highway Usage Permit Permit No. 202011 R1030300101 Wel 2022. HIGHWAY USAGE PERMIT PERMIT NUMBER 202011R1030300101 THIS PERMIT issued in duplicate originals this day of , FROM: HER MAJESTY THE QUEEN in right of the Province of New Brunswick, as represented by the Minister of Transportation and Infrastructure (hereinafter called the "Minister"); TO: CITY OF SAINT JOHN a body corporate by Royal Charter, confirmed and amended by Acts of the Legislative Assembly of New Brunswick (hereinafter called the "Applicant") WHEREAS the Minister, under and by virtue of the Highway Act, Chapter H-5 R.S.N.B. 1973 ("Highway Act'), has the administration and control of highways, as defined therein, in the Province of New Brunswick ("Highways"); AND WHEREAS the Applicant has requested from the Minister to build a lift station on Seeley Street right-of-way, property identified as PI D 00417899 and PI D 00019315, at Saint John, Saint John County ("work"); AND WHEREAS the Applicant has requested that the Minister consent to the work being constructed and operated within the Highways pursuant to an application and plan submitted, if any and the Minister has agreed to review this application and plan pursuant to Section 44.1 of the Highway Act for permission to enter upon, use, cross, construct and operate the work in, under and over those portions of the Highways more particularly described in Schedule "A" and Schedule "B" shaded in green hereto attached and forming a part hereof ("Approved Highways") for the purpose of a Iaydown area and constructing and operating the work; AND WHEREAS the Minister has, in his discretion, agreed to issue a highway usage permit ("HUP") pursuant to Section 44.1 of the Highway Act containing terms and conditions as more particularly described herein; THEREFORE in consideration of the payment of the sum of ten dollars ($10.00) by each party to the other, the receipt and sufficiency of which is acknowledged by each to the other, and in consideration of the covenants, terms and conditions hereinafter contained, the Minister and the Applicant covenant and agree as follows: 1. GENERAL 1.01 The Minister, pursuant to Section 44.1 of the Highway Act, hereby authorizes the Applicant, subject to the terms and conditions herein contained, to enter upon, use and cross the Approved Highways for the purpose of constructing the work ("Construction") for the periods of time more particularly hereinafter described. 1.02 The Applicant shall pay to the Minister upon execution and for each fiscal year thereafter, due and payable on the first day of April in each fiscal year during the term of the HUP, as set out in Section 9 an occupation fee of: (i) One Thousand Two hundred Twenty -Three Dollars and Twenty -Five Cents ($1,223.25). 2. CONSTRUCTION 2.01 The Applicant, its contractors, servants, agents, employees and workmen, may, from time to time during the term hereof and at its own expense, perform Construction on the Approved Highways. The Applicant shall carry out the Construction in accordance with and meeting the prescribed standards of all applicable federal and provincial statutes, as amended from time to time, and municipal by-laws and all regulations, orders, directives, permits and licences in respect thereof which apply to or otherwise affect the Construction or which apply to or otherwise affect the Applicant and its business assets, insofar as the same relates to the Construction, including, but not limited to, this HUP, the Highway Act and all environmental and occupational health and safety laws. 2.02 The Applicant shall submit all plans and specifications detailing location, timing and duration of Construction to the Minister for his approval prior to the commencement of any Construction on the Approved Highways. The Applicant shall not undertake nor commence any Construction prior to receiving written approval from the Minister of the plans and specifications. The approval of the plans and specifications for any Construction to be carried out on the Approved Highways does not in any way affect or alter the Applicant's responsibility for the design and construction of the work and the Minister hereby specifically denies any such responsibility. 2.03 The Applicant agrees to complete and deliver to the Minister for approval, which approval will not be unreasonably withheld, a final "as built" plan of the Applicant's work at locations where it is on the Approved Highways, within three (3) months of the completion of the installation of the work. 2.04 The Applicant shall carry out the Construction in such a manner as to comply with the Occupational Health and Safety Act, Chapter 0-0.2, R.S.N.B. 1973, including any regulations or orders made thereunder. 2.05 The Applicant shall during the period of Construction (i) take every reasonable precaution to ensure the health and safety of its employees and the health and safety of any other person having access to the place of employment where any of the Construction is taking place; and !II (ii) ensure that its employees comply with the Occupational Health and Safety Act, the regulations and any order made in accordance with the Act or the regulations. 2.06 The Applicant shall, upon the request of the Minister, provide to the Minister, within seven (7) days of such request, a letter outlining the steps taken by the Applicant to comply with the provisions of Paragraph 2.04 and Paragraph 2.05 hereof. 2.07 No material or equipment shall be deposited or stored on the Approved Highways without the prior written approval of the District Transportation Engineer of the Minister ("the District Engineer"). 2.08 All brush and debris is to be disposed of off the Approved Highways. 2.09 The method of installation and construction of the work shall be as per Schedules "A", "B" and "C". If conditions do not permit the method of installation as described in Schedules "A", "B" and "C" at a particular location, the Applicant may, with the prior written approval of the District Engineer, which approval shall not be unreasonably withheld, use an alternate method of installation. 2.10 No Construction is to take place during darkness or reduced visibility, except with the prior approval of the District Engineer. 2.11 The Applicant shall give the District Engineer not less than two (2) weeks written notice before commencing Construction, excluding normal maintenance activities. 2.12 The Applicant shall ensure that it, its contractors, workmen and agents abide by and will be bound by the terms and conditions of this HUP. 3. PUBLIC NOTICE 3.01 No Construction excluding aerial patrol and normal maintenance activities shall be commenced or carried out prior to the Applicant giving timely and sufficient notice to the travelling public using the Approved Highways, warning of the Construction and of the disruption to traffic that may result therefrom. 4. STANDARD OF CONSTRUCTION 4.01 All Construction shall be performed by the Applicant in a good and workmanlike manner at its own expense. The Minister may order the Applicant to stop Construction if, in the Minister's opinion, it is not being carried out in a good and workmanlike manner according to the plans and specifications submitted and approved by the Minister for such Construction. The Applicant shall immediately stop Construction after being ordered to stop by the Minister. The ordering of the stopping of Construction by the Minister, regardless of the reason, shall not give rise to any claim by the Applicant against the Minister and any such claim is hereby specifically barred. Failure of the Minister to give instructions in regard to the Construction does not relieve the Applicant of any responsibilities and liabilities under the HUP or otherwise. 4.02 The Applicant shall use every reasonable effort to ensure, where practical, that: iy (a) all Construction is performed in a manner that causes as little damage as possible to the Approved Highways; (b) through traffic flow is maintained on the Approved Highways during all Construction according to the Department of Transportation Work Area Traffic Control Manual, as amended from time to time, and it is the Applicant's obligation to obtain said manual; (c) the Construction does not interfere with or obstruct the Approved Highways or traffic thereon except as may be reasonably necessary or required during actual periods of Construction; and (d) the Construction does not alter or interfere with the drainage pattern of the Approved Highways or any property that is adjacent to the Approved Highways. 5. REPAIRS TO THE APPROVED HIGHWAYS 5.01 Upon completion of any Construction, the Applicant shall, at its expense and so far as is practical, restore, repair and landscape the Approved Highways to the extent necessary to restore the Approved Highways to at least the condition existing prior to the commencement of such Construction in a manner satisfactory to the District Engineer. 5.02 All repairs to the Approved Highways, including repairs required to rectify any damage, alteration or environmental disruption to the area surrounding the Approved Highways where the work is located, occasioned by subsidence or caused by the Construction or existence of the work, at the request and to the reasonable satisfaction of the District Engineer, shall be the responsibility of the Applicant for the entire period that the work remains on the Approved Highways. 5.03 If the Minister is required to make any repairs to the Approved Highways as a result of the Construction by the Applicant, or as a result of the presence of the work on the Approved Highways, the Applicant shall, upon demand, reimburse the Minister for the cost of all expenses reasonably incurred in connection therewith, provided however, that, except in emergency situations, the Minister shall first give the Applicant written notice of any situation necessitating the use of the power conferred under this section and allow the Applicant a reasonable opportunity to forthwith proceed to diligently repair the same. 6. RELOCATION OF APPROVED HIGHWAYS 6.01 Notwithstanding any other provisions of this HUP, if the Minister relocates, either permanently or temporarily, repairs, or redesigns the Approved Highways, he may request the Applicant to alter, remove or relocate, either permanently or temporarily, the work at the Applicant's expense within sixty (60) days after being requested in writing by the Minister. The Applicant shall alter, remove or relocate, either permanently or temporarily, its work within sixty (60) days after being requested to do so by the Minister, provided, however that the Minister shall, if possible, grant to the Applicant a new HUP containing similar terms and conditions as herein set out allowing the Applicant to construct its work on an alternate or replacement site, if any. Nothing herein contained :1191 obligates the Minister to pay any costs of the Applicant or to provide the Applicant with an alternate means or replacement work. 7. LIABILITY AND INDEMNITY 7.01 The Minister shall not be responsible for any damage to the work from any cause whatsoever. 7.02 The Applicant shall indemnify and save harmless the Minister from and against any and all liabilities, damages, claims, suits and actions whatsoever resulting in any way from the Construction or operation of the work of the Applicant or of its employees, agents, contractors or subcontractors. 7.03 The Applicant shall promptly pay compensation to the Minister for all damages suffered by the Minister as a result of the Construction or the existence of the work on the Approved Highways. 7.04 The Applicant agrees that if any contamination should be encountered, on, in, under or around the property identified in Schedule "A" that: (i) all work will cease immediately in that area; and (ii) the Minister will be immediately advised of the said contamination in order for the Minister to assess the situation. 7.05 If the Applicant fails to abide by Section 7.04 and contamination is later determined to have been present, the Minister shall not be responsible for the resulting deterioration or damage. 8. INSURANCE 8.01 The Applicant, at its own expense, shall purchase and maintain in full force during the term of the HUP, and any extensions or renewals thereof, general liability, pollution, and automobile insurance in form and content acceptable to the Minister, acting reasonably, to protect the Applicant, their contractors and subcontractors, as well as the Minister, his respective successors and assigns, and his respective directors, officers, employees, agents and servants. 8.02 Such insurance shall provide coverage for property damage to the Approved Highways, including loss of use thereof, and shall protect the Minister, his successors and assigns, and his respective directors, officers, employees, agents and servants from all claims arising out of liability for property damage and bodily injury (including death and personal injury) arising out of the existence, construction, use, operation, maintenance and rehabilitation of the work and use and occupancy of the HUP, but excluding any claims to the extent that they arise out of the negligence or misconduct of the Minister, his successors and assigns, and his respective directors, officers, employees, agents and servants. 8.03 The Applicant shall procure and maintain insurance policies which shall include the endorsements and extensions as contained in Part A and Part B herein. !EI PART A. Commercial General Liability The Insurance Policy required under this part shall include: (i) an "occurrence" definition of "Accident"; (ii) "Her Majesty the Queen" listed as an "Additional Insured"; (iii) Owners and Contractors Protective Liability; (iv) a Cross Liability clause; (v) a Waiver of Subrogation in favour of the Minister; (vi) Blanket Contractual Liability; (vii) Products/Completed Operations Liability; (viii) Broad Form Property Damage; (ix) Non -owned Auto Liability; (x) Contingent Employer's Liability; (xi) Personal Injury extension of bodily injury; (xii) coverage for machinery attached to vehicles; (xiii) a sixty (60) day notice provision to be given by the Insurer to the Minister of any change to, cancellation of, or lapsing of coverage; and (xiv) liability limits of five million dollars ($5,000,000.00) and said insurance policy shall not be on a "Claims Made" form. PART B. Pollution (Environmental Impairment) Liability The Insurance Policy required under this part shall include: (i) "Her Majesty the Queen" listed as an "Additional Insured"; (ii) a Cross Liability clause; (iii) a Waiver of Subrogation in favour of the Minister; (iv) a sixty (60) day notice provision to be given by the Insurer to the Minister of any change to, cancellation of, or lapsing of coverage; and (v) liability limits of five million dollars ($5,000,000.00). Notwithstanding any breach of any of the terms or conditions of the policy, or any negligence or willful act or omission or false representation (individually or collectively, a "Breach") by any insured, additional insured, or any other person, such Breach shall not invalidate or otherwise limit the Applicant's liability, indemnity and insurance obligations under this HUP. 8.04 All insurances required to be procured and maintained by the Applicant shall be obtained from an Insurance Company (Underwriter) licenced to do business in the Province of New Brunswick. 8.05 If closely held insurance facilities (e.g. captive, reciprocal or any other form of alternate risk financing) are used instead of conventional insurance the Applicant shall provide ninety (90) days prior written notice to the Minister of the program structure and participants with sufficient information to determine what, if any, supplementary insurance requirements may be needed (e.g. "cut -through" endorsement to captive reinsurers) to ensure continued, adequate protection for the Minister. 8.06 The Applicant shall provide the Minister with Certificates of Insurance acceptable to the Minister and signed by a representative authorized to bind the Insurer listing all required extensions and endorsements required herein. Certificates of Insurance for all insurance policies maintained in compliance with this provision, or other documentation in form and content acceptable to the Minister, shall be delivered to the Minister prior to :1R any construction that may affect the Approved Highways and prior to commencement of the operation of the Applicant's work. Certificates of Insurance, or other documentation in form and content acceptable to the Minister, acting reasonably, evidencing any renewal of or replacement insurances, shall be delivered to the Minister not later than fifteen (15) days prior to the expiration of existing policies. The requirement of the Applicant to provide proofs of insurance to the Minister shall survive the completion of the work and termination of this HUP and the Minister reserves the right to ask for, and the Applicant agrees to provide forthwith, evidence of required insurances covering the period subsequent to the term of the HUP as in the Minister's sole opinion is necessary. All such certificates and proofs of insurance required hereunder shall be deemed to comply with the requirements of Paragraph 8.03 herein by identifying the additional insured as follows: HER MAJESTY THE QUEEN in right of the Province of New Brunswick, as represented by the Minister of Transportation and Infrastructure PO Box 6000 Fredericton NB E313 51-11 Facsimile: (506) 453-2900 8.07 The Minister reserves the right at any time during the term of the HUP to require the Applicant to secure and carry such other Insurances as are deemed appropriate by the Minister having regard to the nature of the work under the HUP. 8.08 The insurance requirements set out in this HUP shall not in any way limit the Applicant's liability arising out of the HUP or otherwise. 9. TERMINATION 9.01 This HUP shall terminate: (a) on the 31st day March 2025 or (b) at the option of the Minister upon written notice to the Applicant: (i) if the work is used for any purpose other than as identified herein; (ii) in the event the Applicant shall not have commenced operations on the Approved Highways for the construction of the work within two (2) years from the date hereof, the permission hereby granted shall thereupon immediately terminate without further act or notice; (iii) if the Applicant defaults in observing or performing any of the obligations herein and it fails to remedy or to diligently take steps with a view of remedying such default within a reasonable period of time after the same has been brought to the attention of the Applicant by the Minister by way of written notice thereof, the Minister may at his sole discretion and without recourse by the Applicant terminate the HUP; (iv) if in the sole opinion of the Minister the Construction or the work is creating a situation hazardous to the general public or the highway infrastructure; or (v) if the Minister or the New Brunswick Highway Corporation has to do repairs or perform rehabilitation on structure N808; but the obligations of the Applicant under this HUP shall survive such cessation and termination of such permission. If this HUP is terminated pursuant to Subparagraph 9.01(b), the rights hereby granted shall thereupon immediately terminate without further act or notice, and all rights of the Applicant shall thereupon cease and expire, and the Applicant agrees to execute and file such documents as may be necessary to confirm or to give public notice of such termination. 9.02 At the expiry of the term under Clause 9.01(a) this HUP may be renewed for successive periods, each such renewal to be on substantially the same terms and conditions as set out in this HUP, excepting the payment of fees which may be established or provided for by legislation or regulation, until the work is abandoned as set out in Clause 9.04 or until it is terminated in accordance with Clause 9.01(b). 9.03 The Minister shall not be liable to pay any amount for costs or damages incurred by the Applicant as a result of the termination of this HUP for any reason. 9.04 In the event the Applicant elects to abandon the operation of its work in whole or in part, the Applicant shall provide notice in writing to the Minister of its intention to abandon and the notice of such abandonment shall effectively terminate this HUP, provided that the Applicant shall thereafter have the obligation hereunder to forthwith undertake and complete all those demolition, removal, remedying and rehabilitation undertakings or conditions necessary to comply with the conditions of this HUP. 9.05 As a condition of abandonment, the surface, sub -surface and the right-of-way of the Approved Highways concerned shall be restored, so far as practicable, to the same condition as it was prior to the entry and use of the Applicant. Any such work done by the Applicant pursuant to or recognized by this provision is to be carried out completely at the expense of the Applicant. 9.06 Where the Minister has obligated the Applicant as a condition of approving the abandonment to maintain, remedy or take other measures with respect to the work, the Applicant shall have full right and permission at any time where necessary thereafter, notwithstanding the termination of this HUP, to enter upon the said Approved Highways with people, machinery and material, for the purpose of carrying out such obligations; but always restoring or repairing however, any damage to the Approved Highways thereby occasioned, and where required, paying compensation for damages to the Minister arising from such entry. Any such work done by the Applicant pursuant to, or as contemplated by, this provision is to be carried out completely at the expense of the Applicant. 9.07 Except for those matters contained in Paragraph 9.01(b), if the Applicant defaults in observing or performing any of the terms and conditions herein set forth to be observed and performed by it and it fails to remedy or to diligently take steps with a view of remedying such default after the same has been brought to the attention of the Applicant by the Minister by way of written notice thereof the Applicant agrees to pay, as !Vl 10 liquidated damages to the Minister for each such default or breach, the amount of ten thousand dollars ($10,000.00). 10. NATURE OF HUP 10.01 The Applicant's right to occupy the Approved Highways pursuant to this HUP is as a mere licencee. This HUP does not grant nor convey to the Applicant any title to the Approved Highways. 10.02 It is understood and agreed that any plans, including the plans specified in Section 2.02 and Section 2.03, are to be prepared by the Applicant for purposes of the Construction or for identifying property or the status of title of property and the Minister does not, in any way, represent or warrant to the Applicant that its Approved Highways are located as shown on the said plans or that the Minister owns or controls all or any portion of the right-of-way shown. The location of the Approved Highways is determined by the Applicant at its sole risk and the work is placed thereon solely at the risk of the Applicant. If the Applicant wishes to confirm or determine the title or ownership of the Approved Highways, it shall examine such title and ownership at its own expense and the Minister shall not be required to produce any abstract of title, title deeds, or copies thereof or any evidence of title other than those in possession of the Minister. 10.03 This HUP is non-exclusive. The Minister hereby reserves the right to grant permission to other persons to use the Approved Highways for whatever purpose the Minister deems necessary provided, always, that the Minister shall not permit any other person to use the Approved Highways for any such purpose if such use or any construction of other work in connection therewith would in any way damage the work or interfere with the Applicant's use thereof. 10.04 This HUP, and any right conveyed herein by the Minister to the Applicant, is subject to any other agreement, permission or right previously entered into or granted by the Minister to any other persons or corporations to use the Approved Highways. The Applicant hereby agrees not to damage or in any way interfere with any other persons' or corporations' use and enjoyment of the Approved Highways. The Applicant further agrees to reimburse any person or corporation for the costs of any damages to their plant or equipment located on the Approved Highways arising from or caused by the negligence of the Applicant in the carrying out of the Construction. 10.05 While the provisions of this HUP are intended to be fully binding and effective between the parties, in the event that any particular provision or provisions hereof or a portion of any said provision is found to be void, violable or unenforceable for any reason whatsoever, then the same shall be deemed to be severed from the remainder of this HUP, and all other provisions shall remain in full force and effect. 10.06 This HUP in no way affects or binds any other Minister, department, agency or crown corporation of the Province of New Brunswick. 10.07 The granting of this HUP shall in no way impede nor affect any persons' right to operate vehicles or other mobile equipment across the work at those locations described in Schedule "A". !E:3 11 11. NOTICE 11.01 Any notice, direction or other instrument required or permitted to be given to the Minister hereunder shall be in writing and may be given by registered post, postage prepaid, or by delivering the same addressed to the Minister as follows: Minister of Transportation and Infrastructure PO Box 6000 Fredericton NB E313 5H1 or to such other address as the Minister may from time to time designate in writing to the Applicant. Any notice, direction or other instrument required or permitted to be given to the Applicant hereunder shall be in writing and may be given by registered post, postage prepaid, or by delivering the same addressed to the Applicant as follows: City of Saint John 15 Market Square PO Box 1971 Saint John, NB E21- 41-1 or to such other address as the Applicant may from time to time designate in writing to the Minister. 11.02 Any notice, direction or other instrument aforesaid, if delivered, shall be deemed to have been given or made on the date on which it was delivered or, if mailed, shall be deemed to have been given or made on the third business day following on which it was mailed. 12. NEW BRUNSWICK LAWS OR REGULATIONS 12.01 This HUP will be interpreted according to the laws and regulations of the Province of New Brunswick. In the event this HUP or any portion of this HUP is or appears to be in conflict with any provision of the Laws or Regulations of the Province of New Brunswick, then the provisions of the Laws or Regulations of the Province of New Brunswick shall prevail and this HUP or the portion of the HUP in conflict shall be void and of no force or effect, but any portion of this HUP not in conflict shall continue in full force and effect. 12.02 The Highway Act and regulations made thereunder, as each may be amended from time to time, and any act or regulations made in substitution thereof apply to the HUP and the Applicant agrees to be bound thereby. !Loll 12 13. SINGULAR - PLURAL 13.01 Whenever herein the context permits, words denoting the singular shall include the plural, the masculine shall include the feminine, and a person shall include a corporation and vice versa. 14. BINDING EFFECT 14.01 This HUP, and everything herein contained, shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns provided, however, that the inclusion herein of the word assigns shall not be construed as permitting any assignment by the Applicant not authorized by this HUP. 15. ASSIGNMENT 15.01 This HUP, and the permission granted hereby, shall not be assigned by the Applicant without the prior written consent of the Minister and such consent shall not be unreasonably withheld or delayed. 16. NON -WAIVER 16.01 The failure by the Minister to exercise any right or to require or insist that action be taken according to the terms of this HUP in no way waives the right of the Minister to require or insist that an action be taken according to the terms of this HUP. 17. AMENDMENTS 17.01 If at any time during the continuance of this HUP the parties deem it necessary or expedient to make any alteration or additions to this HUP, they may do so by means of a written amendment between them which shall be supplemental to and form part of this HUP. 18. TIME 18.01 Time is of the essence in this HUP. 19. DISCONTINUANCE 19.01 In the event that the Minister intends to discontinue any of the Approved Highways, the Minister shall provide reasonable notice to the Applicant of such intention; provided that the Applicant shall be responsible in accordance with the provisions of Section 6 as a result of such discontinuance. 67i] 13 20. ENTIRE AGREEMENT 20.01 This HUP and all attached schedules constitute the entire agreement between the parties with respect to any matter referred to herein and any previous agreement, warranty or representation of any kind, written or oral, expressed or implied, between the parties hereto or on their behalf, are hereby terminated and of no force and effect. IN WITNESS WHEREOF the parties hereto have duly executed this Highway Usage Permit at The City of Fredericton, in the County of York and Province of New Brunswick, on the date shown above. SIGNED, SEALED and DELIVERED in the presence of: Witness HER MAJESTY THE QUEEN in Right of the Province of New Brunswick as represented by the Minister of Transportation and Infrastructure Serge Gagnon, P. Eng. Chief Highway Engineer on behalf of the Minister of Transportation and Infrastructure CITY OF SAINT JOHN Per: Donna Noade Reardon Title: Mayor Per: Jonathan Taylor Title: City Clerk 51 14 Schedule "A" Transportation and Infrastructure District 4 Type/ Length of Highway/Location Classification Description Lineal Occupation permit Number Km Seeley Street (PI D 00417899) Local Occupation N/A 202011 R1030300101 Seeley Street (PI D 00019315) Local Occupation N/A 202011 R1030300102 WC61 w,-lA U12" 4' a 9 L ml 1.9 'A wi 17 Schedule "C" 1. Applicant shall maintain a distance of two metres from the bridge piers at all times with respect to all building materials and machinery. 2. No boom trucks shall operate its boom under structure N808. 6191 18 AFFIDAVIT I, Jonathan Taylor, of the City of Saint John, in the County of Saint John and Province of New Brunswick, make oath and say: 1. THAT I am the City Clerk of the City of Saint John and have custody of the Common Seal hereof. 2. THE seal to the foregoing instrument affixed is the Common Seal of the said City of Saint John and that it was so affixed by Order of the Common Council of the said City. 3. THAT the signature "Donna Noade Reardon" to the said instrument is the signature of Donna Noade Reardon, Mayor of the said City, and the signature "Jonathan Taylor" thereto is my own signature. 4. THAT the Mayor and City Clerk are the proper officers to sign the foregoing instrument on behalf of the City of Saint John. SWORN TO AT the City of Saint John, in the County of Saint John, in the Province of New Brunswick, this day of 12022 BEFORE ME, A Commissioner of Oaths Jonathan Taylor 67� COMMON COUNCIL REPORT M&C No. 2022-100 Report Date March 29, 2022 Meeting Date April 04, 2022 Service Area Utilities and Infrastructure Services Her Worship Mayor Donna Noade Reardon and Members of Council SUBJECT: 2022 Engineering Inspection Services OPEN OR CLOSED SESSION This matter is to be discussed in open session of Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Susan Steven J. Brent McGovern/ Michael Baker John Collin RECOMMENDATION It is recommended that Council authorize staff to establish supply agreements with the seven (7) consulting firms identified in the report, at the hourly rates provided in this report totaling $600,000 plus HST for the provision of engineering inspection services for the 2022 Capital Construction projects being designed by City staff. EXECUTIVE SUMMARY The purpose of this report is to have Common Council authorize staff to establish supply agreements with the seven (7) consulting firms totaling $600,000 plus HST for the provision of engineering inspection services. PREVIOUS RESOLUTIONS M&C 2021-303 - November 15, 2021; 2022 General Fund and Utility Fund Capital Budgets, approved M&C 2021-334 - November 29, 2021; Revised 2019-2023 Canada Community — Building Fund (Formallythe Gas Tax Fund) Capital Investment Plan & General Fund Capital Program — Revision 1, approved 61FA 1 '01, J Di STRATEGIC ALIGNMENT This report aligns with Council's Priorities of GROW by investing in key infrastructure upgrades and PERFORM by utilizing additional resources in order to complete projects within specific timeframes so the City can take advantage of various funding programs. REPORT Council has approved the 2022 Water & Sewerage Utility Fund Capital Program at $14,163,917 including HST and the 2022 General Fund (Transportation and Urban & Rural Storm) Capital Program at $12,830,555 including HST. These programs include a total of twenty-five (25) construction projects. A portion of the projects in the 2022 Capital Programs are being designed "in- house" by City staff and will require engineering inspection services during construction. There will be a requirement to provide engineering inspection for approximately twelve (12) "in-house" City staff designed projects during the 2022 construction season. In order to ensure that adequate engineering inspection resources are available to the City for the approved Capital Program projects, staff issued a Request for Proposal (RFP) for engineering inspection services. The RFP was issued to nine (9) local consulting firms that have the appropriate resources of staff capable of providing engineering inspection services on municipal type projects. No single firm has the resources in place to provide all the required engineering inspection services. The hourly rates submitted by the consultants with their proposals were similar so, as has been consistently done in the past, staff averaged the rates and established one hourly rate for each of the three levels of inspectors: Junior, Intermediate and Senior as follows: Classification Hourly Rate Junior Inspector $76 Intermediate Inspector $90 Senior Inspector $101 The hourly rates, in addition to covering the labour costs, also include all miscellaneous expenses (car, cellular telephone, digital camera, computer, printing services, etc.) and do not include HST. Eight (8) firms submitted proposals in response to the RFP, providing resumes for inspection resources including hourly rates. Once the submitted rates were averaged and one hourly rate was chosen for each classification, the following seven (7) firms confirmed they would provide inspectors at the above noted rates: 611:3 1 '01, J Di • Brunswick Engineering & Consulting Inc. • CBCL Limited • Engineering By Houghton • Englobe Corp. • EXP • GEMTEC Consulting Engineers and Scientists Limited • Stantec Consulting Ltd. The City will determine the appropriate level of inspector required for a given project and then request the engineering inspection services from the seven (7) consulting firms. SERVICEAND FINANCIAL OUTCOMES The total overall cost for engineering inspection services for 2022 construction projects is difficult to predict as there are a number of variables; most significant of which is how many contractors and the number of construction crews that will be working at a given time period. Staff has estimated the overall value of the engineering inspection services for 2022 construction projects to be approximately $600,000 plus 15% HST. Funds to cover the cost of the engineering inspection service are included in the approved Capital Program project budgets. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The Request for Proposal document and this report have been reviewed with the City's Supply Chain Management Department and they support the recommendation being put forth. ATTACHMENTS N/A 611%] COUNCIL REPORT M&C No. 2022-105 Report Date March 29, 2022 Meeting Date April 04, 2022 Service Area Utilities and Infrastructure Services Her Worship Mayor Donna Noade Reardon and Members of Council SUBJECT. Woodlawn Park Lift Station — Pump Supply AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Gerald Mattsson J. Brent McGovern / Michael Baker John Collin RECOMMENDATION It is recommended that the proposal from Xylem Canada LP to supply two sewage lift pumps for the Woodlawn Park Lift Station project in the amount of $124,591.16 including HST be accepted, and that Supply Chain Management be authorized to purchase the pumps. EXECUTIVE SUMMARY The purpose of this report is to recommend that Council award the contract for supply of sewage lift pumps for the Woodlawn Park Lift Station project to Xylem Canada LP. The overall Woodlawn Park Lift Station project includes the design, construction management, and construction of a new sewage lift station to replace the existing infrastructure which is beyond its useful life expectancy. PREVIOUS RESOLUTIONS November 15, 2021: M&C 2021-303 — 2022 General Fund Capital and Utility Fund Budgets, approved. November 29, 2021: M&C 2021-334 — Revised 2019-2023 Canada Community Building Fund (formally the Gas Tax Fund) Capital Investment Plan and General Fund Capital Program — Revision 1, approved. -2- REPORT BACKGROUND The approved 2022 Water & Sewerage Utility Fund Capital Program includes funding for a new sewage lift station to replace the existing lift station which is beyond its useful life. Traditionally, the City would issue a preselection Request for Proposal (RFP) to select the most appropriate pumps for a specific application. The preselection RFPs are based on the City's Purchasing Policy and the designer would include the successful pump supplier's pumps in the construction specifications. Contractors bidding on the project are directed to purchase the preselected pump from the successful supplier. However, due to supply chain issues, waiting to procure the pumps through a contractor has the potential to result in cost increases and significant construction delays. Upon becoming aware of this issue, staff concluded it was prudent to prepurchase the pumps for the Woodlawn Park Lift Station project as early as possible. The pumps would be supplied to the Contractor for installation under a separate contract which is planned to be tendered in April 2022. A Request for Proposal (RFP) was developed for pump supply which detailed the minimum performance requirements for the pumps to meet for the project and included the following components: • Part 1 — Introduction • Part 2 — Description of deliverables • Part 3 — Evaluation of Proposals • Part 4 —Terms and Conditions of the RFP Process • Appendices — Forms and RFP Particulars PURPOSE The purpose of this report is to make a recommendation for purchasing pumpsfor this project. STRATEGIC ALIGNMENT This report aligns with Council's Priorities for Growth, Green, and Performance, specifically as they relate to investing in sustainable City services and municipal infrastructure. SERVICEAND FINANCIAL OUTCOMES The proposed cost of pump supply from Xylem Canada LP for the Woodlawn Park Lift Station project is $124,591.16 including HST. This cost is for the supply of two pumps and two spare impellers (a key mechanical component of the pump). AI -3- An amount of $525,000 is currently available through the 2022 Utility Fund Capital Program for engineering design and construction management services, and construction for this project. There is sufficient funding in the approved Woodlawn Park Lift Station project budget to proceed now with the pump supply. Design of the lift station will continue upon selection of the pump and a tender for the contract to construct the lift station will be issued based on the City's Procurement Policy. Staff will return to Council with recommendations for approval at the time of the recommended tender award. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS — Supply Chain Management Supply Chain Management reviewed the engagement process and recommendation. With a comprehensive and detailed minimum requirements document developed by Dillon Consulting Limited, Supply Chain Management made a public call for proposals to pump suppliers. The Request for Proposals closed on March 3, 2022, with responses received from the following pump suppliers: • Flowstar Industrial ULC • North Fringe Industrial Technologies Atlantic Inc. • Xylem Canada LP Utilities and Infrastructure Services, Dillon Consulting Limited and Supply Chain Management formed a Review Committee to evaluate the submissions. Each member completed an independent review of the submissions, and subsequently the Review Committee held a meeting to jointly discuss the information presented in the submitted proposals, evaluate the price contained in the proposals, and develop the final ranking of submissions. The evaluation process used the expertise of a variety of staff from Supply Chain Management, Utilities and Infrastructure Services, and Dillon Consulting Limited to ensure a thorough review of the various submissions. Care must be taken to ensure that the necessary performance, lifecycle cost, and service expertise are provided for the selected pumps, while still ensuring that the purchase cost to be incurred is appropriate. It is for these reasons that cost, although important, cannot be the sole nor most critical deciding factor in making the selection of a pump supply firm. I' -4- 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. Technical Merit— Compliance with the technical specifications, equipment performance, and general quality of proposed equipment. Potential installation cost advantages/disadvantages were also considered here. 2. Demonstrated Delivery and Past Experience — The Equipment Suppliers history of supplying, commissioning systems similar to those specified, similarity of references to this project, comments received from references, if contacted, and any previous City experience with the Equipment Supplier or the offered equipment for similar assignments. Quoted delivery times were scored in this section of the evaluation. 4. Equipment Supplier's Servicing Capabilities — The Equipment Suppliers in- house technical and service resources, related to the proposed equipment, warranty duration and terms, service facilities including proximity to the City of Saint John, and general capabilities in commissioning of the equipment. 5. Lifecycle Cost — Life cycle costs analysis of the purchase cost of the equipment, operational costs, and energy cost based on the rated duty and additional information provided in the technical specification. 6. Value Added — What additional information (references), technology, process, or options (additional spares) has the supplier included in the proposal? Is there value added to the supplier's response for this additional information? Any identified enhancements (ruggedness, superior materials, heavier components, or other advantages of the proposed equipment) were considered here. 7. Cost —Total purchase price. After careful, independent consideration of presentation, company experience, 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 consideration, the Review Committee selected the submission from Xylem Canada LP as the best proposal based on an overall rating of the evaluation criteria — technical merit, demonstrated delivery and past experience, servicing capabilities, lifecycle cost, value added and cost. The submission from Xylem Canada LP met all the requirements of the proposal call, in a manner acceptable to the committee and with a cost-effective bid for the project. 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 W COMMON COUNCIL REPORT M&C No. 2022-106 Report Date March 08, 2022 Meeting Date April 04, 2022 Service Area Human Resources Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT. Managed Health Care Services Inc. Financial Policy Amendment AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Katherine Shannon Stephanie Hossack I John Collin RECOMMENDATION It is recommended that Common Council authorize the Mayor and Common Clerk to execute the amended contract with Managed Health Care Services Inc (MHCSI) as attached to report 2022-106. EXECUTIVE SUMMARY The City of Saint John Group Benefit Plan is an Administrative Services Only (ASO) Plan and Managed Health Care Services Inc. (MHCSI) administers the benefit claims for prescription drugs on our behalf. For additional insurance against unexpected increasing levels of claims for high - cost drugs, the City has purchased Individual Large Amount Pooling (ILAP) insurance. Without such insurance the high cost of drugs may result in increasing premiums for all plan participants. The current pooling insurance with MHCSI, provides for drug costs that exceed $50,000 per member per year. The City engaged AON to conduct a review of the benefit plan in 2021 and they recommend as presented to the Finance committee on March 23, 2022 to increase the ILAP insurance to $100,000. PREVIOUS RESOLUTION November 29, 2021 5.9 That as recommended by the City Manager in the submitted report M&C 2021- 320: Managed Health Care Services Inc. Financial Policy Amendment, Common Council authorize the Mayor and City Clerk to execute the contract with Managed Health Care Services Inc. as attached to report 2021-320. A*I -2- REPORT MHCSI has been the prescription drug provider for the City of Saint John Group Benefit ASO Plan since July 2005. MHCSI provides administration of prescription drug claims such as claims processing, evaluation, formulary review, customer service and dispute resolution for all members of the plan. The City of Saint John pays seventy five percent (75%) of all active employee claims submitted to MHCSI and applicable charges. Active employees pay twenty five percent (25%), and retirees pay one hundred percent (100%) of the prescription drug benefit. Retiree claims experience is grouped into the overall plan with active employees. To members of the prescription drug benefit plan the ILAP insurance is invisible, members are not aware of the limit and claims are processed normally. With an individual large amount pooling plan in place, a cap is applied individually and all prescription drugs exceeding the individuals cap are insured. Through the internal audit and subsequent benefit review conducted by AON they have recommended the city increase the ILAP insurance from $50,000 to $100,000. Increasing the insurance limit to $100,000 will help manage costs and risks to the benefit plan. With an estimated savings of $51,000 a year. STRATEGIC ALIGNMENT N/A SERVICEAND FINANCIAL OUTCOMES The rate for ILAP insurance at $100,000 is 2.07% of claims compared to current coverage of $50,000 is 5.73% of claims. Total costs savings is estimated at $51,000/year. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The Finance department has participated in the benefit review process and supports this recommendation. Legal has reviewed the attached MHCSI Financial Contract Amendment. ATTACHMENTS Attachment A MHCSI Financial Contract Amendment March 2022 ARI THIS FIFTH AMENDING AGREEMENT dated the day of , 2022. BETWEEN: MHCSI MANAGED HEALTH CARE SERVICES INC. "MHCSI" OF THE ONE PART -and- THE CITY OF SAINT JOHN "CLIENT" OF THE SECOND PART RECITALS WHEREAS the parties entered into a Group Benefit Plan Agreement ["Agreement"] dated the 26th day of August 2016. AND WHEREAS the parties entered into an amendment to the Original Agreement effective April 1, 2019 [the "First Amending Agreement"]. AND WHEREAS the parties entered into an amendment to the Original Agreement effective April 1, 2021 [the "Second Amending Agreement"]. AND WHEREAS the parties entered into an amendment to the Original Agreement effective July 1, 2021 [the "Third Amending Agreement"]. AND WHEREAS the parties entered into an amendment to the Original Agreement effective October 1, 2021 [the "Fourth Amending Agreement"]. AND WHEREAS the Original Agreement the First Amending Agreement, the Second Amending Agreement, the Third Amending Agreement and the Fourth Amending Agreement taken together shall be deemed the Agreement. AND WHEREAS the parties have agreed upon amendments and wish to incorporate them into the Agreement. AND WHEREAS the parties have entered into this Fifth Amending Agreement to give effect to their intentions. C�� NOW THEREFORE in consideration of the mutual covenants and agreements herein and the sum of one dollar [$1.00] and other good and valuable consideration, the receipt of which are hereby acknowledged, the parties agree as follows: 1. That this Amendment Agreement shall be effective January 1, 2022 2. That Appendix "A.2" — CLIENT BENEFIT OUTLINE (CBO) shall be deleted and replaced with the attached Appendix "A.2" — CLIENT BENEFIT OUTLINE (CBO). 3. That all other terms and conditions of the Agreement, except as mentioned herein, shall continue to apply. 4. This Agreement shall ensure to the benefit of and be binding upon the parties hereto, their respective successors and, as permitted, assigns. IN WITNESS WHEREOF the parties have executed this Agreement the day and year first above written. MHCSI MANAGED HEALTH CARE SERVICES INC. Per: Date: Print Name: Title: Per: Date: Print Name: Title: THE CITY OF SAINT JOHN Per: Date: Print Name: Title: Per: Date: Print Name: Title: Cal APPENDIX "A.2" — CLIENT BENEFIT OUTLINE (CBO) Client Name: City of Saint John Amendment Effective Date: January 1, 2022 Agreement Effective Date: May 1, 2016 Client Mailing Address: PO Box 1971, Saint John, NB E2L 4L1 Primary contact: Human Resources Attn: Katherine Shannon Deposit in Trust: $280,000 — see Appendix B Eligibility: # lives 1627 Electronic file at start- up ❑ Enrollment by email from H/R department ❑ Benefit Cards: mailed direct to Members Max Plan Age: none Dependent Children Ages: up to 20th birthday Dependent Student Ages: 20 to 25th birthday if attending school full-time Plan Copay Designs: 20% copay, minimum $7.00 copay per claim Plan Copay Maximum: $400, then fixed $7.00 copay per claim Plan Formulary Design: Preferred Provider MHCSI Managed Care Plan with Mandatory Generic Substitution Billing Cycle: 15m of each month Stop Loss Insurance: under policy # 91146 with Medavie Blue Cross, $100,000 individual Drugs — premium rates are reviewed annually. C�:3 COUNCIL REPORT M&C No. 2022-111 Report Date March 30, 2022 Meeting Date April 04, 2022 Service Area Utilities and Infrastructure Services Her Worship Mayor Donna Noade Reardon and Members of Council SUBJECT. Pump Purchase — Thorne Avenue Pumping Station (Sanitary Lift Station No. 4) AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Susan Steven J. Brent McGovern / Michael Baker John Collin RECOMMENDATION It is recommended that Quotation #22-12-0080 from Xylem Canada LP (Xylem) for one (1) Flygt Model CT 3240 Submersible Pump in the amount of $206,789.27 including HST be accepted and that the Mayor and Common Clerk be authorized to execute the appropriate documentation in that regard. EXECUTIVE SUMMARY The purpose of this report is to recommend that Council award the supply, delivery and commissioning of one (1) dry pit submersible pump at the Thorne Avenue Pumping Station (Sanitary Lift Station No. 4) to Xylem Canada LP. PREVIOUS RESOLUTIONS November 15, 2021; (M&C 2021-303) - 2022 General Fund and Utility Fund Capital Budgets, approved April 17, 2017; (M&C 2017-82) - 2017 - 463001P Sewage Pump Replacement, approved. REPORT One (1) of the four (4) pumps at the Thorne Avenue Pumping Station (Sanitary Lift Station No. 4) requires replacement in order to ensure reliable operation of the facility. In 2017, Saint John Water, through Supply Chain Management, issued a Request for Proposals (RFP) for Sewage Pump Replacement at the Thorne Avenue Pumping Station (Sanitary Lift Station No. 4). The four (4) proposals received in response to the RFP were evaluated by a review committee. The submission by Xylem (Flygt Model CT 3240 Submersible Pump) ranked the highest. There are C:1%] -2- four (4) pumps in the sanitary lift station but, due to lack of available funds, only two (2) pumps were replaced at the time. Additional funds have become available to replace another one of the pumps at the Thorne Avenue Pumping Station (Sanitary Lift Station No. 4). After the installation of the two (2) new Flygt pumps in 2017, the station was reprogrammed for the new pumps with the intention that all four (4) pumps would ultimately be replaced with the Flygt pump submitted in the 2017 Xylem proposal. STRATEGIC ALIGNMENT This report aligns with Council's Priorities for GROW as an upgraded and fully functional sanitary lift station will allow for future growth within the sewershed; PERFORM as the addition of this pump will allow the City to continue to meet the conditions in the Approval to Operate issued by the New Brunswick Department of Environment and Local Government and provide sustainable municipal infrastructure; and GREEN as the addition of this pump will minimize overflows at the sanitary lift station. SERVICEAND FINANCIAL OUTCOMES The proposed cost for Xylem Canada LP to supply, deliver and commission one dry pit submersible pump at the Thorne Avenue Pumping Station (Sanitary Lift Station No. 4) is $206,789.27 including HST. After converting the cost per pump from the 2017 price into 2022 dollars (accounting for inflation), the quoted 2022 price is approximately 10.1% higher than the price quoted in 2017. Xylem has stated that this increase is due to multiple factors which include the costs of raw material and manufactured goods required to produce the end pump product have dramatically increased, current worldwide supply chain issues including material and labour shortages as well as elevated shipping costs and regular inflation. The 2022 Water & Sewerage Utility Fund Capital Program includes funds to pay for this purchase. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The above process is in accordance with the City's Procurement Policy and Supply Chain Management supports the recommendation being put forth. ATTACHMENTS N/A COMMON COUNCIL REPORT M&C No. 2022-113 Report Date March 30, 2022 Meeting Date April 04, 2022 Service Area Public Works and Transportation Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT: Tender for Asphaltic Concrete Mixes AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager John Mascarenhas Michael Hugenholtz I John Collin RECOMMENDATION It is recommended that the seasonal tender for the supply of asphaltic concrete mixes be awarded as follows: • Pre -Construction Season (April 18th, to May 2nd, 2022) - Galbraith Construction Ltd. • Construction Season (May Construction Company Ltd. • Post Construction Season Galbraith Construction Ltd. EXECUTIVE SUMMARY 3rd to November 5th, 2022) — NRB (November 6th, 2022, to plant close) — Every year the City of Saint John issues a tender for the supply of asphaltic concrete mixes to secure a source of asphalt for its various roadway maintenance initiatives. The tender closed on March 29th, 2022, with two bids meeting the City's requirements. The bid received from Galbraith Construction Ltd. is the lowest bid for the "before/after"-construction season. The bid received from NRB Construction Company Ltd. had the lowest bids during the construction season. Both bidders had the same opening date before construction season, however, the Galbraith Construction Ltd plant closure date is December 2, 2022. On average, asphalt prices have increased 31% relative to 2021; although efforts are being made to adjust program delivery to mitigate this, such a significant increase in unit costs may result in reduced amount of work that can be performed while staying on budget. PREVIOUS RESOLUTION This is an annual program. 71 -2- REPORT Each year the City of Saint John tenders for the establishment of a supply agreement for the provision of asphaltic concrete mixes to guarantee a supply of asphalt. This product is used by Public Works and Transportation Services for a variety of tasks, including asphalt restoration of utility cuts, roadway and sidewalk repairs, roadway overlays, and miscellaneous maintenance projects. There are traditionally three seasons for asphalt: the normal construction season when production is at its peak and product is readily available; and the pre- post - construction seasons, when production is low and higher costs are incurred to produce the product. Bidders are asked to quote a price for the pre -season, another price for the construction season, and a third price for the post -season. In this instance, we recommend the earliest opening date for the pre -construction season and the bidder with the lowest bid for the remainder "seasons". MTO Performance Graded Asphalt Cement Price Index The city of Saint John makes use of the Ontario Ministry of Transportation performance grade asphalt cement price index in all its asphalt -related tenders. In summary, an end -of -season adjustment is made for each monthly change in the MTO Price Index and applied to the asphalt at the time of purchase, with the Tender Opening date being the base month. Adjustments are only made if month - over -month price fluctuations are greater than 5%. The formula is: PA = Payment adjustment for asphaltic cement in dollars T = Posted MTO Price Index for the month of tender opening P = Posted MTO Price Index for the month the asphalt was purchased Q = Quantity of asphaltic cement in tons When P > 1.05 T, the Contractor receives additional payment as follows: PA = (P—1.05T) x Q. When P < 0.95 T, the City receives a credit as follows: PA = (0.95T — P) x Q. This is a way for the City to share in some of the risks of price fluctuations, leading to lower overall prices for asphalt. STRATEGIC ALIGNMENT This report best aligns with the following Council priorities: • MOVE: offering safe and accessible movement of people and goods on roads, • PERFORM: seeking cost competitive asphalt prices, responding to customer inquiries related to road maintenance including pothole -3- patching, and adjusting the program plan in face of a significant rise in asphalt unit costs. SERVICEAND FINANCIAL OUTCOMES The total estimated value of the 2022 supply contract is approximately $890,000 for all Public Works and Transportation Services' roadway maintenance programs (being $550,000 +/- for the patchwork, roadway and sidewalk maintenance, and the overlay programs; and $340,000 +/- for the Saint John Water cut reinstatement program). The 31% increase in asphalt costs over the summer season, reflects a reduction in purchasable asphalt tonnage within the budget allocation for surface maintenance. This may require a reduction in the planned asphalt overlay program this season. This would also result in costs above budget to reinstate Saint John Water Cuts as these can't be left open. To tentatively mitigate the increase in price, City staff intends to undertake more of a "blended pavement management strategy" that includes, Pothole repairs, Asphalt overlays, Skin patching (Sand/Seal), & milling overlays on low traffic back roads. The purchase of asphaltic concrete mixes is a planned expenditure and funds to cover the programs are included in the 2022 Operating Budget. The supply agreement does not require us to purchase any minimum amounts so there is no risk to the City with purchasing less in response to the increased unit prices. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS A public tender call was issued on March 10th, 2022, and closed on Tuesday, March 29th, 2022, with two compliant bids received. The results of the tender (excluding HST and haulage rates) are: City of Saint John Tender Summary 2022-561002T Asphaltic Concrete Mixes Tender Opening: 2:30:00 P.M., Tuesday, March 29t", 2022 2"d Floor Boardroom, 175 Rothesay Avenue h7[SCotiS'rRUCTEON G, Rkun1c0tisrPrcru3 LTD. LTD. aefore Coni"cdon -Ayer Season Nime -u—dim After Season 5"e Seeeea Season aana $ian dine N Sian dale WI MJPrRPAV 19 hnm. fTONNE 1100 59.00 110.00 95.00 9000 9000 t2 W 13 mlllicn E511SI _ _ 2 8UPERPAVE. 9.smmlf WINE 1lb pp 9fi p0 1165p 9B00 IN Im 96 ud1 llp rl mU aCSW.9 ] Sl1PERPAYE 1'S'S oh 113 u0 1JI Uu Im 00 120.0u 13p pp 31n ca inlllwn tk3Ai�61 OPERING Wr ApnI 16. 2P22 Aml Q. 202? L'l QKINP cult N,—bn?� n.rnmiP:,7 :r..- 50 -4- Note: The above amounts are recorded as opened. The amounts have not been checked or verified and may contain errors. Under the Procurement Act, the City may waive minor non-compliance with mandatory requirements as set out in Section 120 of New Brunswick Regulation 2014-93. The Supply Chain Management and Public Works & Transportation Services staff have reviewed the tenders and found them to be complete and formal in every regard. Staff believe that all tenderers have the necessary resources and expertise to perform the work. Since both bidders commence their asphalt plant operation on the same date, April 18, 2022, all items awarded reflect the lowest bidder within the pre/post and during the construction period, namely • The low tender bidder for the "Before Season" and "After season" is Galbraith Construction Ltd. • The low tender bidder for the "During construction season" is NRB Construction. The above process is in accordance with the City's Procurement Policy and Supply Chain Management supports the recommendation being put forth. ATTACHMENTS N/A rLl COMMON COUNCIL REPORT M&C No. 2022-114 Report Date March 30, 2022 Meeting Date April 04, 2022 Service Area Utilities and Infrastructure Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT. Funding Opportunity — RDC Offer OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager J. Brent McGovern J. Brent McGovern I John Collin RECOMMENDATION It is recommended that: The Mayor and City Clerk be authorized to sign a letter of offer with the Regional Development Corporation in the form as presented to Committee of the Whole in M&C 2022-102 at its March 28, 2022 meeting; and further, That all information relating to the letter of offer remain confidential in accordance with the Terms and Conditions of the said letter of offer. EXECUTIVE SUMMARY N/A PREVIOUS RESOLUTIONS N/A REPORT The City of Saint John has been provided a funding opportunity by the Regional Development Corporation (RDC) of the Province of New Brunswick to which some conditions are attached and have not all yet been met. The details of the funding will be made public once all funding conditions are in place. 01 -2- STRATEGIC ALIGNMENT This report aligns with Council's Priorities of BELONG and MOVE. SERVICEAND FINANCIAL OUTCOMES The City of Saint John would benefit from this funding opportunity which will be further detailed once all funding conditions are in place. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS N/A ATTACHMENTS N/A WQ The City of Saint John PROCLAMATION WHEREAS: emergencies can occur at any time requiring police, fire or emergency medical services; and WHEREAS: when an emergency occurs, the prompt response of police officers, firefighters and paramedics is critical to the protection of life and preservation of property; and WHEREAS: the safety of our police officers, firefighters and paramedics is dependent upon the quality and accuracy of information obtained from citizens contacting the Public Safety Communications Centre; and WHEREAS: the Public Safety Communications Centre is the first link to citizens seeking emergency services; and WHEREAS: every year during the second week of April, the telecommunications personnel in the public safety community are honored nationally; and WHEREAS: April 10 - 16, 2022, is recognized as National Public Safety Telecommunicators Week; and WHEREAS: National Public Safety Telecommunicators Week is a time to celebrate and thank the Public Safety Communications Centre Operators for their compassion, understanding and professionalism in their performance of duty serving the public. NOW THEREFORE: I, Mayor Donna Noade Reardon, of Saint John do hereby proclaim the week of April 10 to April 16, 2022, as "National Public Safety Telecommunicators Week", in honour of those whose diligence and professionalism keep our city and citizens safe. In witness whereof I have set my hand and affixed the official seal of the Mayor of the City of Saint John. 77 Staff Recommendation for Council Resolution Property: 35 Margaret Street Public Hearing: April 4, 2022 Item Required: Recommendation (Y/N) Municipal Plan No N/A Amendment Zoning By -Law Yes That Common Council rezone land having an area of Amendment approximately 488 m2, located at 35 Margaret Street, also identified as portions of PID Number 00316950, from Two - Unit Residential (R2) to Low -Rise Residential (RL). Other Yes That Common Council withhold third reading and adoption of the proposed rezoning is not given until the applicant submits a building permit application illustrating the necessary improvements to meet the 2015 National Building Code to the satisfaction of the City's Building Inspector. 3rd Reading Item: Required: Recommendation (Y/N) Municipal Plan N N/A Amendment Zoning By -Law Yes That Common Council rezone land having an area of Amendment approximately 488 m2, located at 35 Margaret Street, also identified as portions of PID Number 00316950, from Two - Unit Residential (R2) to Low -Rise Residential (RL). Recission of No N/A Previous s. 39/s. 59 Conditions N-11 Section 59 Yes That Common Council, pursuant to the provisions of Section Conditions 59 of the Community Planning Act, impose the following condition on the parcel of land having an area of approximately 488 m2, located at 35 Margaret Street, also identified as PID Number 00316950: a) The building is limited to a maximum of four dwelling units. Section 59 No N/A Agreement Section 131 No N/A Agreement Other No r1%] PLANNING ADVISORY COMMITTEE March 16, 2022 Her Worship Mayor Donna Noade Reardon and Members of Common Council Your Worship and Councillors: SUBJECT: Rezoning Application 35 Margaret Street The City of Saint job On February 7, 2022, Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its March 15, 2022 meeting. Mr. Andrew Reid delivered a staff presentation on the rezoning. In response to several questions from members of the Committee, Mr. Reid provided the following: - While the variance for the driveway width is considerable, there are other examples along Margaret Street of shared driveways of similar widths. Staff are supportive of the variance as there is little opportunity for alternative on -site parking. Road reconstruction is generally coordinated with Zoning By-law regulations for permitted driveway widths as much as possible. In this case, the road was reconstructed with the curb cut the full width of the parking area. - In terms of garbage storage, the Solid Waste By-law governs storage of solid waste on premises. The property owner currently stores garbage in four bins at the front of the property. Staff have been in touch with Public Works regarding the Solid Waste By-law and how it would apply to this property. The applicant, Mr. Alan Goebel, appeared before the Committee. Mr. Goebel was in support of the staff recommendation. He noted that he would be willing to investigate storing the garbage bins in a less visible location. The Committee voted unanimously to adopt the staff recommendation. Page 1 of 2 80 Mr. Alan Goebel 35 Margaret Street March 16, 2022 RECOMMENDATION: 1. That Common Council rezone land having an area of approximately 488 m2, located at 35 Margaret Street, also identified as portions of PI D Number 00316950, from Two -Unit Residential (R2) to Low -Rise Residential (RL). 2. That Common Council, pursuant to the provisions of Section 59 of the Community Planning Act, impose the following condition on the parcel of land having an area of approximately 488 m2, located at 35 Margaret Street, also identified as PID Number 00316950: a) The building is limited to a maximum of four dwelling units. 3. That Common Council withhold third reading and adoption of the proposed rezoning is not given until the applicant submits a building permit application illustrating the necessary improvements to meet the 2015 National Building Code to the satisfaction of the City's Building I nspector. Respectfully submitted, Alex Weaver Crawford Chair Attachments Page 2 of 2 81 The City of Saint Jahn Date: March 11, 2022 To: Planning Advisory Committee From: Growth & Community Services Meeting: March 15, 2022 SUBJECT Applicant: Alan Goebel Landowner: 2704383 Ont Inc. Location: 35 Margaret Street PID: 00316950 Plan Designation: Stable Residential Existing Zoning: Two -Unit Residential (R2) Proposed Zoning: Low -Rise Residential (RL) Application Type: Rezoning Jurisdiction: The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed amendments to the Zoning By-law. Common Council will consider the Committee's recommendation at a public hearing on Monday, April 4, 2022. EXECUTIVE SUMMARY The proposed rezoning of an existing 4-unit multiple dwelling within a Two -Unit Residential (R2) zone would legalize two of the four units. The additional two units were created without a building permit and have existed for over two decades. No significant changes are proposed to Page 1 of 5 82 Alan Goebel 35 Margaret Street March 11, 2022 the property, except for minor interior upgrades to ensure building code compliance. Staff recommend approval of the rezoning on condition that the property is limited to a maximum of four dwelling units. RECOMMENDATION 1. That Common Council rezone land having an area of approximately 488 m2, located at 35 Margaret Street, also identified as portions of PID Number 00316950, from Two -Unit Residential (R2) to Low -Rise Residential (RL). 2. That Common Council, pursuant to the provisions of Section 59 of the Community Planning Act, impose the following condition on the parcel of land having an area of approximately 488 m2, located at 35 Margaret Street, also identified as PID Number 00316950: a) The building is limited to a maximum of four dwelling units. 3. That Common Council withhold third reading and adoption of the proposed rezoning is not given until the applicant submits a building permit application illustrating the necessary improvements to meet the 2015 National Building Code to the satisfaction of the City's Building Inspector. DECISION HISTORY There are no Council or Planning Advisory Committee decisions on record regarding this property. The property appears to have been illegally converted to a three -unit dwelling during the 1980s and a four -unit dwelling during the 1990s according to assessment records; however, building permits were not issued for these renovations. Prior to the current owner coming into possession, there have been several unsightly premises cases and one minimum standards case related to the property over the years. There are no complaints on file. ANALYSIS Proposal The rezoning application is to legally permit the two additional units through the Zoning By-law. The property owner has applied to rezone the property from Two -Unit Residential (R2) to Low - Rise Residential (RL). The current property owner has been in possession of the property for one year. The application is being brought forward now to ensure the property meets with all municipal by-laws. Except for several minor interior renovations, the property owner is not considering any changes to the property. Several variances are required from the Zoning By-law to permit the existing four -unit multiple dwelling on the property. Site and Neighbourhood The subject property is approximately 488 m2 in area, with a depth of 30 metres and 15 metres of frontage. This is a standard sized lot for the Margaret Street neighbourhood. The property contains a two -storey building comprised of four dwelling units. There is a pair of two -bedroom Page 2 of 5 83 Alan Goebel 35 Margaret Street March 11, 2022 units on the main floor and a one- and two -bedroom unit on the basement floor. There is no driveway, and four parking stalls fully occupy the front yard. With the recent road reconstruction of Margaret Street, the "drive-in" parking area was formalized with a curb cut the full length of the property frontage when Margaret Street was reconstructed in 2021 (see Submission 1). Margaret Street is a local street that intersects Westmorland Road and Ellerdale Street. Margaret Street consists entirely of a mixture of one- or two-family dwellings. However, there is a 3-unit dwelling located at 15-17 Margaret Street, zoned Low -Rise Residential, which was approved in 2005. The subject property is also adjacent to medium density zoning along Ellerdale Street, which serves as a corridor of medium to high density multiple dwelling units. The neighbourhood is well connected to a major employment centre— McAllister Regional Retail Centre, via sidewalks and transit. Municipal Plan and Rezoning According to Schedule B of the Municipal Plan the subject property is designated Stable Residential. This designation fully encompasses Margaret Street, Ellerdale Street, and much of the east side residential neighbourhood. Policy LU-87 intends that these areas "evolve over time from a land use and built -form perspective but that new and redeveloped land uses are to reinforce the predominant community character and make a positive contribution to the neighbourhood." The proposal does not present a new development but a recognition of a use that has existed for over twenty years but does not conform to the Zoning By-law. Community character refers to building form and lot configuration. In this respect the proposal, as a two -storey building generally keeps with community character. The full usage of the front yard for parking, which is made more apparent by the short depth of the front yard, is not in keeping with Zoning By-law requirements. There are other instances of wide driveways along the street that give a similar appearance; however, these are shared driveways between separate properties. The Municipal Plan delivers a strong emphasis on Urban Design, which is particularly important within intensification areas where development is more compact. Within Stable Residential areas, general principles apply. Parking is to be limited between the front of a building and public street/sidewalk. In this situation, rear yard parking appears unobtainable, as access to the rear yard of 35 Margaret Street would require access through an adjacent property. This would require the establishment of an easement on the neighbour's driveway to access rear yard parking. The proposal has been evaluated in terms of the criteria offered by Policy LU-88 for all rezonings within the Stable Residential Area for significant new development and redevelopment (See Attachment 2). The land use is not out of character within the area, given its adjacency to a medium density corridor. Overall, the residential land use proposed is compatible with the neighbourhood, which is ideally situated in terms of access to services and transit. Page 3 of 5 84 Alan Goebel 35 Margaret Street March 11, 2022 Zoning By-law The property cannot be considered as a "non -conforming use" because the additional 2 dwelling units were not lawfully created, that is, no building permits were sought and issued at the time the units were created prior to the adoption of the current Zoning By-law in 2014, despite the property being assessed as a 4-unit building. The Low -Rise Residential (RL) zone accommodates a range of serviced lower density residential development and provides up to a maximum of 6 dwelling units. Staff recommend a Section 59 condition to limit the property to a maximum of 4 dwelling units. It is furthermore recommended that third reading be withheld until the applicant initiates the building permit to address several minimum standards issues with the building, primarily involving egress requirements for the 1-bedroom unit in the basement. Variances The following variances from the Zoning By-law are required to support the proposal: 555 mZ 488 mZ 12% 22 m 15 m 32% 2m 1.6m 20% 6 m 15 m 60% Except for the width of the access, the variances are minor in nature and can be supported. With the reconstruction of Margaret Street, this width has become cemented. The front yard is paved neatly, with a small, landscaped area in front of the building. Although the unit sizes are small, each of the four meets the minimum gross floor area requirements of the Low -Rise Residential zone. All variances would be dealt with by the Development Officer after the rezoning process is completed. Conclusion The rezoning would legalize two additional units that have existed for the past twenty years. The application represents an opportunity for greater compliance with Zoning By-law requirements Page 4 of 5 85 Alan Goebel 35 Margaret Street March 11, 2022 and will ensure that these two units are legalized and remain on the market in a desirable area of the City. ALTERNATIVES AND OTHER CONSIDERATIONS No alternatives are proposed. ENGAGEMENT City In accordance with the Committee's Rules of Procedure, notification of the proposal was mailed to landowners within 100 metres of the subject property on March 1, 2022. The rezoning was posted on the City of Saint John website on March 7, 2022. APPROVALS AND CONTACT Author Manager/Senior Planner Commissioner Andrew Reid, MCIP, RPP Jennifer Kirchner, MCIP, RPP Jacqueline Hamilton, MCIP, RPP Contact: Andrew Reid Telephone: (506) 658-4447 Email: Andy. Reid@saintjohn.ca Application: 22-0016 APPENDIX Map 1: Site Location / Aerial Photography Map 2: Future Land Use Map 3: Zoning Attachment 1: Site Photography Attachment 2: Municipal Plan Policy Review Submission 1: Site Photo and Floor Plan Page 5 of 5 86 0 0 J m r AX �S 314 V lll� 1p q ` �I .1 .. • A ` A r -Ar* vr if a A !A woolm.—I CIAO O O O N O O 0 0 0 6 0 O — O A U cu CL 0 cn o L U N � N N C'o C/) 0 N N CD N 0 0) .O N N Q co G apaall3 #S alapaall3 S� te'� �a��a k e � 4, e e !� .e t LO 00 O O 0 0 0 0 N N o 0 o 0 N O O O O O i O J N U 0� 0� U 2 2 0) c O N U) FD O O N L m � o d N a) 2 aL o o U) U) d ND N O N ., �s La •V V, . - - �• � � fir. r .•� 7 .. ti - r v tool it ,. t f' . 4,4 :4,. E E 0 0 0 0 LO ( rn q O O o M X CD CD m O p � U_ CO O O N Z O O c� M. c aD (D c� U) cu Q cu z a U) -0 U cu N -0 C L N (n J 0- CD N L CN CD LL Id co a� a� L VJ L 0 c0 C LO M i Attachment 2 — Municipal Plan Review 35 Margaret Street March 11, 2022 Municipal Plan Policy Staff Comment LU-87 Intend that the areas designated Stable Residential The proposed rezoning is being made for the will evolve overtime from a land use and built -form purposes of legalizing an existing 4-unit perspective but that new and redeveloped land uses building. The two -storey building conforms to are to reinforce the predominant community character the predominant community character, with and make a positive contribution to the the exception of the parking area which neighbourhood. requires a variance from the Zoning By-law. LU-88 Ensure that significant new development and redevelopment in areas designated Stable Residential shall generally be permitted only through a rezoning Although the proposal is not a significant new process where compliance is demonstrated with the development, comments have been provided following requirements: on the applicable criteria: a. The proposed land use is desirable and a. The land use is suitable to the contributes positively to the neighbourhood; neighbourhood, which provides housing in an area in proximity to a b. The proposal is compatible with surrounding regional commercial area and is well land uses; connected by transit. c. The development is in a location where all b. The surrounding area ranges from necessary water and wastewater services, low to high density residential. Zoning parks and recreation services, schools, public along Margaret Street is predominantly Two -Unit Residential transit and other community facilities and (R2); there is also Low -Rise protective services can readily and Residential (RL). The subject property adequately be provided; is situated adjacent Mid -Rise d. Residential (RM) zone and in Site design features that address such proximity to High -Rise Residential matters as safe access, buffering and (RH). landscaping, site grading and stormwater management are incorporated; c. All necessary services are available. e. A high quality exterior building design is d. There do not appear to be any issues provided that is consistent with the Urban in terms of site features. A variance is Design Principles in the Municipal Plan; and required to permit a parking area within a required landscaped front f. The proposal is on a property identified as a yard. Corridor on the City Structure map (Schedule A) or does not detract from the City's intention e. The proposal is inconsistent with the to direct the majority of new residential general urban design principles in the development to the Primary Centres, Local Plan which recommend parking not Centres, and Intensification Areas. be located between the street in buildings. However, there are other examples of this parking arrangement in the neighbourhood. f. The "legalization" of two additional units that have existed for over two decades should not detract from the goals of Schedule A. Policy 1-2 021 Attachment 2 — Plan Review 35 Margaret Street March 11, 2022 In considering amendments to the Zoning Bylaw or the imposition of terms and conditions, in addition to all other criteria set out in the various policies of the Municipal Plan, have regard for the following: a. The proposal is in conformity with the goals, policies and intent of the Municipal Plan and the requirements of all City bylaws; b. The proposal is not premature or inappropriate by reason of: i. Financial inability of the City to absorb costs related to development and ensure efficient delivery of services, as determined through Policy 1-7 and 1-8; ii. The adequacy of central wastewater or water services and storm drainage measures; iii. Adequacy or proximity of school, recreation or other community facilities; iv. Adequacy of road networks leading to or adjacent to the development; and v. Potential for negative impacts to designated heritage buildings or areas. c. Appropriate controls are placed on any proposed development where necessary to reduce any conflict with adjacent land uses by reason of: i. Type of use; ii. Height, bulk or appearance and lot coverage of any proposed building; iii. Traffic generation, vehicular, pedestrian, bicycle or transit access to and from the site; iv. Parking; v. Open storage; vi. Signs; and vii. Any other relevant matter of urban planning. d. The proposed site is suitable in terms of steepness of grade, soil and geological conditions, locations of watercourses, wetlands and susceptibility of flooding as well The proposal conforms generally with the intention of the Stable Residential designation. With the exception of the variances listed within the report, including the location of the parking stalls, the proposal largely aligns with the Zoning By-law. b. Not applicable; services are available. c. No conflicts in land use are foreseeable. A condition has been recommended to remove storage of garbage bins from view of the street. d. Not applicable — the proposal is not within a flood risk area or wetland. e. Not applicable. f. The proposal will be required to meet all requirements of the 2015 National Building with the submission of the Building Permit prior to third reading. Page 2 of 3 92 Attachment 2 — Plan Review 35 Margaret Street March 11, 2022 as any other relevant environmental consideration; e. The proposal satisfies the terms and conditions of Policy 1-5 related to timeframes and phasing of development; and f. The proposal meets all necessary public health and safety considerations. Page 3 of 3 93 N 2 m 2-1 LO m • C@ P-{ � T .l #, 5 T t it TO ,f tt cc a r a 0 a L rry-^-' VJ r./ L co L Cco 1C YMMJ l'J 2 '5 il� n, c 0 IV t c a o co 6) a N N L lly-n-' VJ r./ L co L co 2-1 co :t:� C: E E O m .E O N L Q N L O 4— L O N Ncn � �' N C: ' C: O •C N E N E � N O U •� CL O N N CT N > C: E CL N _ N >, O � cno � U � Q � U (a N C: _4-0 .� C O J -r— CL Co cn � U O N > N -r : � O 'o C��o0 a_ W -0 I L N ca L O O _ N ca C.A � .� N -0 ca • U _0 O -0 O 4- C: O U N cn O •� O O ca +-+ 0 = 0 O O cUn � cNn tiA >• N ca N U • N -0 N � U a-J > •> N U 0 O bD N cn Cl: O a- � > N N 0 O U U � O �U N X . N 0 0 ca C100 O U c/� E = N 0 Q 0 L a rie G1 E G1 L Cr w I OE: w 0 0 I OE: I OE: a OE: L O L Cr w L m J -0 o EM 00 0 � cp o � 0-'a >, E +, m z a) 0 O 'E O . N L- o : o CL z CL O OU p EM LO CL cn co o L o c La oN o O � o � o CL Co cn J N � N � m O U Co .— N 4-0 N N C -0 C O Co co N O � C m O p O E U c � cn N E !E Q N ca c m o U � N O ca � CL Nr CL O }' � o •E O --C: (a C: cn O N O O H O cn O •> U U U U o cn 2-1 EO4-0 C O N n O U O O C: -r LO �, •� v�rn o a� o C: O U O ca N 0 O O . N M L. C/) O L O c Q •Q • a) C) v� a) O CL O �0 a)N �U a)O O 0.0 N O O N O '— E �o cn E Q O c N Q O to • — U a) � O L � � �� CLCU Q O a. a) a) L O O � a)C/) C� a) a),� > Jc: a) O cn � E O a) O O •V � L > C O Cu M a) .-CL.- a) Q O J '— Q BY-LAW NUMBER C.P. 111-x A LAW TO AMEND THE ZONING BY- LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: The Zoning By-law of The City of Saint John enacted on the fifteenth day of December, A.D. 2014, is amended by: Rezoning a parcel of land having an area of approximately 488 m2, located at 35 Margaret Street, also identified as portions of PID Number 00316950, from Two -Unit Residential (R2) to Low -Rise Residential (RL). - all as shown on the plan attached hereto and forming part of this by-law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by-law the X day of X, A.D. 2022 and signed by: First Reading — Second Reading — Third Reading - X ARRETE NO C.P. 111-x ARRETE MODIFIANT L'ARRETE DE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une reunion du conseil communal, The City of Saint John a decrete ce qui suit : L'arrete sur le zonage de The City of Saint John, decrete le quinze (15) decembre 2014, est modifie par : Rezonage d'une parcelle de terrain d'une superficie d'environ 488 metres carres, situee au 35, rue Margaret, egalement identifie de NID 00316950, de Zone residentielle bifamiliale (R2) a Zone residentielle — Immeubles d'habitation bas (RL). - toutes les modifications sont indiquees sur le plan ci-joint et font partie du present arrete. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le X 2022, avec les signatures suivantes : Mayor/Maire Common Clerk/Greffier communal Premiere lecture — 4 Deuxieme lecture — Troisieme lecture - X Ii[o1~7 Devild-,pinunt ShOPRl ^I.,.;:€'tit, P,I lI.1J1�•:t: I'`.EN.I`:IFtic:ilRl. S (]nett[-)lassa1ntiohn.ca Phone:658-2911 Fax.632-6199 GenerM Pipllenden Fem GROWTH & COMMUNITY SERVICES CITY OF SAINT JOHN LOCATION CIVICALIDRESS. 35 Margaret Street PID#: 00316950 HERITAGE AREA: Y J N INTEN51FICATIONAREA- Y/ N FLOOD RISK AREA: Y/ N APPROVED GRADING PLAN: Y J N 'a APPLICATION#. DATE RECEIVED: RECEIVED BY: APPLI CANT € MAI L PHONE Alan Goebel (2704383 Ont Inc.) alan.goebeli @gmail.com 519-630-8509 0 MAULING ADDRESS POSTAL CODE 2358 5awgrass link, London, Ontario N6G OK5 Z od CONTRACTOR EMAIL PHONE D owner is travelling and may difficult to get in touch with. the City can MAI also call Monique with Team Somerville - Royal LePage 506-693-6331 and they can help reach him. J OWNER EMAIL PHONE l- MAILING ADDRESS POSTAL CODE PRESENT USE:4 unit PROPOSED usE:4 Linit official rezone BUILDING PLANNING INFRASTRUCTURE HERITAGE Q©INTERIOR RENOVATION NEW CONSTRUCTION VARIANCE �STREETEXCAVATION ElHERITAGE DLVELOPMENT F- rDLTERIOR RENOVATION ❑ACCESSORY BLDG OPLANNING LETTER [_]DRIVEWAY CULVERT HERITAGE SIGN nADDITiON OPOOL RIPACAPPLICATION DRAINAGE �HERITAGEINFILL q ODECK FIDEMOLITION OCOUNCILAPP WATER &SFWFRAGE HERITAGEDEMO La CHANGEOFUSE ®SIGN SUBDIVISION aOTHER �OTHER F1 �; EIMI NINIUM STANDARDS ❑OTHER LIOTHER Currently Zoned as R2 Alan Goebel confirmed to Aimee Burgess, no is currently registered with the changes have been made to the building, meaning Province as a 4 unit the attached floorplans are accurate. He also h stated that the entire front yard is used for parking and is paved - as shown in the attached photo. Ell consent to the City of Saint John sending to me commercial electronic messages, from time to time, regarding City initiatives and incentives. General czMectlon Statemen t This fntpmnation is being bAletted in order for the City of Saint John to deliver an etastrng prograrn / servlee; the eo4k4�jion is Ifmited to that which is nexa ry to deliver the propam / sar"c . Urdess required to do 3o by law, the City of Saint John will not share your personal Information with any third partywithait you- express consent - The legal authority for oolkcting this information, is to be found in the M�iclpalities Act and the Right to Information and Protectan of I rrvacy Act- for fin -thee information or questions regarding the colkctlon of personal infomnation, please contact the Access & Pri,%cy Offrner- City Flan Bwklmg, ,y 15 Makin Square SL" Iftba.00= NA I Icr I = ca�mcl�i:�MgohrLda (ATE 65$-2962 f. the undersigned, hereby apply for the perm f(s] or approvol(s), indicated above for the work described on plans, submissions and Forms herewith submitted. This oppi'cation includes all relevant documentation necessary for the applied Far permitfs] or oppravcfisA. I agree to coiyply with the pions, spec-4cafions and fc.rfher agree fo comply wilh all relevant Cify By-laws and condifions imposed. Alan Goebel Appkcrn# No 1 Appkanl Sgrokwe 2-3 .:.tr is[( .'2�\\\\�. ma �� r� �� /� �. , 7�w't�, I I ,' \ � ,/�\��\/�\ . \ �-=�� Plan Revised:i-Auq-17 Ham vtc-Dy-- Received By: Paula Hawkins HATHROOM B THRO®M 3TCHEN KITCHEN �[. 100.99 sq ft qQ " 5 71 sq ft 10' 3/8" 8' 2 3/ C,l 1/4" = 9' 6 5/8" BEDROOM`�(ROOM 101.50 sq ft�110.55 sq ft 8 1 /4" x 10' 4 118 BEDROOM EDROQM 99 72 sq ft lc�; 103 40 sq ft t 10'118"x9'11 112- '10'318"x 10'3` LN ROOM G ROOM 266 57 sq t1 4' 7 1/8` x 15` 5 112 11 s 15' 4 1!8" 34' 2-) aalDarrry e'te wav v+r+ iGue/rwa r►sen arrrc ww fuapOawRv rrr I wtsUs uMFWV Fr I cwrm� r'r ui rrlr rw A, Plan Revised:I-Auq-17 Received By: Paula Hawkins inj Wall assemblies to be construct d as a vtm ��' minimum 45 minute fire resistance rated fire Crow1h & Co mmunitl Dodutrmcnt Scnices separation. `cniccs,tic� cur la Cr�iicsancc et le De►ciapPrmrnt Cummun9utaire APPR(]1 ED M UPROI'E PAR Floor assemblies to be kvkmi *fire;lgwie[rq xkvrWjini(bWti" constructed as a minimum 45 minute fire resistance rated fire separation I i37 pm, Aug 01, 2017 SAINTJOHN MEIII D C A o C13 O n 2 o cnU3 cn fl Oco [] C to CO. CD � a r uxc�n CD O H ['i 4 n H N I © H CCY H Z i n c�0'` � m 4 iy7 � • H b m ! L7 p I � I w M I 1 w fr 3 I Ci C O 2 27 I M Z n 0 M ,'7 1 O L7 � I m fG I 1v :•7 I a 1-• qr w u 3 n a H � in a a 3 Y n� m rva � is r� Fs N s7 1 P1 r o R1 H r'• r* I H n [7 .t $ I r H I S'Y r- ;a I p 1 �G a1 rn I C=i O O I H MR Proposed Zoning By -Law Amendment RE: 35 Margaret Street Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending The City of Saint John Zoning By-law at its regular meeting to be held on Monday, April 4, 2022 at 6:30 p.m., by: Rezoning a parcel of land having an area of approximately 488 m2, located at 35 Margaret Street, also identified as PID No. 00316950, from Two -Unit Residential (R2) to Low -Rise Residential (RL) as illustrated below. ell- '00, n a FS 4e 44 ya Xr • - \ 7S r6 f` REASON FOR CHANGE: To permit an existing 4-unit multiple dwelling. The public hearing may be held virtually, or in the Council Chamber, or in the Council Chamber with remote participation for applicants and the public. For details on how to inspect the amendment, or to register to participate, please contact the Office of the Common Clerk at CommonClerk(a)saintiohn.ca. Saint John Common Council meetings can be viewed online at https://www.youtube.com/user/saintiohnweb. Written objections to the amendment may be sent to the undersigned at City Hall or via email at CommonClerk(a)saintiohn.ca All submissions will be provided to Common Council for consideration as part of the public hearing process. If you require French services for a Common Council meeting, please contact the office of the Common Clerk. `§1.1 Jonathan Taylor, Common Clerk (506) 658-2862 Projet de Modification de L'arrete de Zonage Objet: 35, rue Margaret Par les presentes, un avis public est donne par lequel le conseil communal de la ville de Saint John indique son intention d'etudier la modification suivante a I'Arrete de zonage de la ville de Saint John comme suit au cours de la reunion qu'il tiendra le lundi 4 avril 2022, a 18 h 30 : Rezonage d'une parcelle de terrain d'une superficie d'environ 488 metres carres, situee au 35, rue Margaret, egalement identifie de NID 00316950, de Zone residentielle bifamiliale (R2) a Zone residentielle — Immeubles d'habitation bas (RL), tel qu'illustre ci-dessous. let- 440 �. X 1 Lr 7S RAISON DE LA MODIFICATION: Pour permettre un logement multiple existant de 4 logements. La seance publique peut titre organisee de fagon virtuelle ou dans la salle du Conseil, ou dans la salle du Conseil avec une participation a distance pour les requerants et le public. Pour savoir comment participer a I'audition publique, inspecter la modification ou de vous inscrire pour participer, veuillez communiquer avec le bureau du greffier commun a I'adresse CommonClerk@saintjohn.ca. Les reunions du conseil communal de Saint John peuvent titre consultees en ligne a https://www.youtube.com/user/saintjohnweb. Veuillez faire part de vos objections au projet de modification par ecrit au soussigne a ('hotel de ville ou par courriel a I'adresse CommonClerk@saintjohn.ca. Toutes les presentations seront fournies au conseil communal aux fins d'examen dans le cadre du processus d'audience publique. fiIII F:3 Si vous avez besoin des services en frangais pour une reunion de Conseil Communal, veuillez contacter le bureau du greffier communal. Jonathan Taylor, Greffier communal (506) 658-2862 `f1�7 A BY-LAW TO AMEND A BY-LAW ARRETE MODIFIANT L'ARRETE RESPECTING THE USE OF SIDEWALKS CONCERNANT L'UTILISATION DES WITHIN THE CITY OF SAINT JOHN, BY- TROTTOIRS DANS THE CITY OF SAINT LAW NUMBER LG-13, AND AMENDMENTS JOHN, ARRETE NUMERO LG-13, ET THERETO MODIFICATIONS AFFERENTES Be it enacted by the Common Council of Lors d'une reunion du conseil municipal, The City of Saint John as follows: The City of Saint John a decrete ce qui suit : A By-law of The City of Saint John entitled "A By-law respecting the Use of Sidewalks within the City of Saint John, By-law Number LG-13" and amendments thereto, enacted on the 3rd day of May, A.D. 2021, is hereby amended as follows: Par les presentes, 1' arrete de The City of Saint John intitule « Arrete concernant l'utilisation des trottoirs dans The City of Saint John, Arrete numero LG-13 » et modifications afferentes, decrete le 3e jour de mai 2021, est modifie comme suit : 1. Paragraph 5(4)(b) is repealed and replaced 1. L'alinea 5(4)b) est abroge et remplace par with the following: ce qui suit : "(b) Proof of comprehensive general liability insurance on an occurrence basis of: (i) not less than two million dollars ($2,000,000.00) naming the City as additional insured and containing a cross -liability clause if the applicant does not serve alcohol; or (ii) not less than five million dollars ($5,000,000.00) naming the City as additional insured and containing a cross -liability clause if the applicant serves alcohol;" o b) Une preuve d'assurance responsabilite civile generale sur la base de la survenance des sinistres : (i) d'au moins deux millions de dollars (2 000 000 $) designant la municipalite comme assuree additionnelle et comprenant une clause de responsabilite reciproque si le requerant ne sert pas d'alcool; ou (ii) d'au moins cinq millions de dollars (5 000 000 $) designant la municipalite comme assuree additionnelle et comprenant une clause de responsabilite reciproque si le requerant sert de 1'alcool; 2. Paragraph 6(2)(a) is repealed and replaced 2. L'alinea 6(2)a) est abroge et remplace par with the following: ce qui suit : "(a) Reviewed the stamped structural plans and details of the proposed platform or structure, and has determined that they comply with the Saint John Building By-law; and" o a) Revise les plans structuraux authentifies et les details de la plateforme ou de la construction proposee et qu'il n'ait determine qu'ils sont en conformite avec Z'Arrete de construction de Saint John; et `INel 3. The following subsection is added 3. Le paragraphe suivant est ajoute immediately after subsection 6(2): immediatement apres le paragraphe 6(2) : "6(3) If an application includes the sale of alcohol, a permit holder shall not operate the sidewalk cafe until proof of liquor license extension to said cafe has been provided to the City." o 6(3) Si une demande inclut la vente d' alcool, un titulaire de permis n'exploite pas le cafe-terrasse jusqu'a ce qu'une preuve de 1'extension du permis d' alcool au dit cafe-terrasse n' ait ete presentee a la municipalite. 4. Section 16 is repealed. 4. L'article 16 est abroge. 5. Section 17 is repealed. 5. L'article 17 est abroge. 6. Subsection 18(1) is repealed and replaced 6. Le paragraphe 18(1) est abroge et remplace with the following: par ce qui suit : "18(1) No person shall sell or offer for sale anything from a sidewalk vendor site unless: (a) he has obtained a licence issued under the Peddlers and Hawkers By-law; (b) he has paid the sidewalk vendor site fee as prescribed in Schedule "A". o 18(1)11 est interdit de vendre ou d' offrir en vente quelque produit que ce soit a partir d'un site de marchand de trottoir, a moins : a) d' avoir obtenu un vertu de Z'Arrete colporteurs; et permis delivre en concernant les b) d' avoir paye les droits exigibles associes prevus a I'annexe « A ». 7. Schedule "A" is repealed and replaced with 7. L'annexe « A » est abrogee et remplacee the following: par ce qui suit : Schedule "A" Fees Annexe « A » Droits exigibles The following non-refundable fees shall be Les droits exigibles non remboursables suivants required in the administration of this By-law: sont necessaires a 1'administration du present arrete : Type of Application or Required Service Application Fee Sidewalk Cafe Permit — $100.00 plus $2.00 Level 1 per square foot of total area and $500.00 per affected parking space Type de demande on de Droits de service demande exiges Permis de cafe-terrasse — 100 $ plus 2 $ par niveau 1 pied carre de la surface totale et 500 $ par espace de stationnement touche 121 Sidewalk Cafe Permit — $100.00 plus $4.00 Level 2 per square foot of total area and $500.00 per affected parking space Sidewalk Cafe — Security $100.00 Deposit — Level 1 Sidewalk Cafe — Security $200.00 Deposit — Level 2 Street Occupancy Permit $150.00 Street Occupancy Permit $20.00 — Extension per week Sidewalk Vendor Site $340.00 Fee IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by-law the day of , A.D., 2022 signed by: Permis de cafe-terrasse — 100 $ plus 4 $ par niveau 2 pied carre de la surface totale et 500 $ par espace de stationnement touche Cafe-terrasse — depot de 100 $ securite — niveau 1 Cafe-terrasse — depot de 200 $ securite — niveau 2 Permis d'occupation de la 150 $ rue Permis d'occupation de la 20 $ rue — Prolongation par semaine Droits exigibles associes 340 $ aux sites des marchands de trottoirs EN FOI DE QUOI, The City of Saint John a fait apposer son sceau municipal sur le present arrete le 2022, avec les signatures suivantes : Mayor / Maire City Clerk / Greffier de la municipalite First Reading - March 21, 2022 Premiere lecture Second Reading - March 21, 2022 Deuxieme lecture Third Reading - Troisieme lecture - le 21 mars 2022 - le 21 mars 2022 `PA COMMON COUNCIL REPORT Report Date March 27, 2022 Meeting Date April 04, 2022 Mayor Donna Noade Reardon and Common Council SUBJECT: Canada Emergency Wage Subsidy OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Kevin Fudge Kevin Fudge I John Collin RECOMMENDATION It is recommended that Common Council receive and file this report. EXECUTIVE SUMMARY In response to the impact COVID-19 was having on businesses, the Federal Government launched the Canada Emergency Wage Subsidy (CEWS) program in 2020. The purpose of the program was to provide financial assistance to eligible businesses who have seen a decline in revenue to offset the costs of employee wages. This would allow businesses to rehire workers, help prevent further job losses and ease business back into normal operation. On March 3rd, 2022, the Canada Games Aquatic Centre Commission (CGACC) received notices of determination from the Canada Revenue Agency (CRA) that approximately $350,000 was due to be repaid. The amount represents approximately $325,000 in CEWS claims paid to the Aquatic Centre that have been deemed ineligible in addition to $25,000 in interest. Charitable organizations are eligible (the basis for the claim) however public institutions (government owned entities) are not eligible. As part of the Federal Government's stimulus program, verification vetting occurred after funds were distributed. Upon review of the CRA notices the CGACC determined there is a low likelihood appealing would be successful and a high risk of incurring further interest charges if the amounts are not repaid. The Canada Games Aquatic Centre Commission plan to make a request to the Canada Revenue Agency to waive the interest. The CGACC recorded the loss in its 2020 Audited Financial Statements. The City's proportionate share of the liability has also been accrued in 2020 as well. The General Manager will be making a request to present to the Regional Facilities `P491 -2- Commission, as well as the Towns of Rothesay, Quispamsis, and Grand Bay Westfield to contribute their proportional share of this liability as well. PREVIOUS RESOLUTION N/A STRATEGIC ALIGNMENT N/A REPORT SERVICEAND FINANCIAL OUTCOMES INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS N/A ATTACHMENTS ME COMMON COUNCIL REPORT M&C No. 2022-109 Report Date March 29, 2022 Meeting Date April 04, 2022 Service Area Public Works and Transportation Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT: Capital Reserve Funds for Modernized Solid Waste Collection Model AUTHORIZATION Primary Author Commissioner/Dept. City Manager Chair of the Finance Head Committee Tim O'Reilly Michael Hugenholtz John Collin Councillor Gary Sullivan RECOMMENDATION Common Council endorse the allocation of up to $400,000 from capital reserve funds to cover an unfunded portion of the expenses required to implement the new Solid Waste Collection Model. EXECUTIVE SUMMARY Modernization of the City's Solid Waste Model includes: 1. Providing eligible Saint John households "front door" collection of recyclables to assist in diversion of waste from our region's landfill, 2. Continuing to reduce the handling of garbage by City employees for improved employee health and productivity, and 3. A net zero financial impact to City taxpayers. A combination of supply chain cost escalations related to the planned procurement of recycle bins for all eligible Saint John households and garbage bins for the majority of eligible Saint John households, as well as a more effective distribution plan for those bins have increased the cost of the roll out of the new model. Up to $400,000 of additional Capital funds is expected to be required for the procurement and distribution of the bins. PREVIOUS RESOLUTION Finance Committee — March 23, 2022 — "Finance Committee endorse the allocation of up to $400,000 from capital reserve funds to cover an unfunded portion of the expenses required to implement the new Solid Waste Collection Model." `ml -2- REPORT Currently the City of Saint John collects curbside garbage and compost. No limits are placed on the garbage that can be left curbside. Physical handling of some of the garbage by the City's Solid Waste Collection team limits what the team can collect in a day with posing undue safety risk. Common Council has recently endorsed a plan to modernize the City's solid waste collection model. The plan includes collection of garbage in fixed sized bins that can be handled mechanically by garage trucks, collection of curbside recyclable materials in separate bins, and provision of the ability for households to place additional garbage at an added cost. More details are provided in a separate report on the same Common Council meeting agenda. Procurement of approximately 21,000 green recycle bins and 21,000 blue recycle bins for all eligible Saint John households, as well as approximately 18,600 garbage bins for the majority of eligible Saint John households is required to continue the roll -out of the new model. Supply chain issues have increased the cost to procure these bins relative to when the costs for the new model was estimated. Additional Capital funds to procure these bins are therefore required. Distribution of the recycle and garbage bins is now planned to be completed with contracted resources. Previously, when the costs for the new model were estimated, internal resources were planned to be used for distribution. Given the internal resources required to distribute bins during a pilot project for the new model, and the anticipated opportunity costs to other City services by scaling up to Citywide deployment, City staff concluded a contracted deployment model would be the more effective option. Additional Capital funds to procure the contracted distribution model are also required. STRATEGIC ALIGNMENT The proposed modernization of the City's Solid Waste Service best aligns with two Common Council priorities: • Green — by demonstrating environment stewardship, and • Perform — by managing cost of service delivery and providing "at your door" recycling services and achieving employee safety outcomes. SERVICEAND FINANCIAL OUTCOMES Even with an additional investment in Capital, pay back on the upfront investment is expected to be 6 years. These financial returns are in addition to the environmental (waste diversion) and service improvement (front door recyclables collection) benefits of this initiative. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Input received from members of Finance Committee. `W-1 COUNCIL, REPORT M&C No. MC 2022-110 Report Date March 30, 2022 Meeting Date April 04, 2022 Service Area Public Works & Transportation Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT: Solid Waste Modernization — Procurement and Delivery of Bins and Totes OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. He City Manager Tom McGrath/Tim O'Reilly Mike Hugenholtz John Collin RECOMMENDATION It is recommended that Common Council: 1) award the purchase of recycling totes and lids at a cost of $519,866 + HST to Nova Products Division; and 2) award the purchase of refuse (garbage) carts (including the fee for logistics and distribution services) at a cost of $1,387,926 + HST to Toter, LLC. EXECUTIVE SUMMARY Modernization of the City's Solid Waste Model includes: 1. Providing eligible Saint John citizens "front door" collection of recycleables to assist in diversion of waste from our region's landfill, 2. Continuing to reduce the handling of garbage by City employees for improved employee health and productivity, and 3. A net zero financial impact to City taxpayers. In December, 2021, after a successful pilot of the modified collection service, Common Council endorsed the commencement of a city wide implementation of the new solid waste model. Roll -out out of the model for the vast majority of eligible residents is clearly defined. Each would receive a new garbage bin as well as two totes for MAN -2- recyclables and one cover. This report includes a recommendation to procure and deliver the bins, totes, and covers for the majority of eligible residents while City staff continue to plan solutions for individual areas of the City and other aspects of the model. Even with revised Capital cost projections due to suppy chain issues and a contracted deployment model replacing significant opportunity costs with use of staff from other City services, the investment will be paid back in approximately 6 years with the environmental and productivity outcomes sustained well beyond this time period. PREVIOUS RESOLUTION On December 13, 2021, it was resolved by Common Council to receive and file M&C 2021-352 "Update on Pilot Program for New Solid Waste Collection Model". On March 23, 2022 "Finance Committee endorse[d] the allocation of up to $400,000 from capital reserve funds to cover an unfunded portion of the expenses required to implement the new Solid Waste Collection Model." Common Council are being requested to endorse the same at their April 4, 2022 meeting. REPORT In December 2021, Common Council endorsed the City's Solid Waste Modernization model. The model consists of a City wide collection service that includes the use of City supplied garbage carts that will be picked up via automated hardware on our city garbage packers. The new system of collection will also include curb side recycling pick up for every eligible household in the City. In order to complete this transformation of the service, the City needs to purchase a quantity of garbage carts and recycle totes. In February 2020, the City's Supply Chain Management team undertook the task of obtaining supply agreements for the carts and totes and covers. Supply agreements were awarded on Feb 24, 2020 and these agreements was used for purchase of hardware for the pilot project. The agreements have since expired. Toter, LLC was during the 2020 procurement process, and is still believed to be, the only supplier of the garbage carts with the specifications required for the City's program. They were requested to provide updated pricing. The Supply Chain Management team approached past bidders for the recycling totes and lids and compiled new pricing as there are multiple suppliers for this hardware. Analysis showed that pricing acquired in late 2021 from Nova Products would have the best financial outcome for the City. fIp'l:3 -3- Supply chain issues have caused original commodity pricing to increase an average of 35%, due in most part to increases in the costs of resins required to make the plastic bins and totes. The City's Supply Chain Management team have investigated, including tracking historical resin costs, and found the increases are justified. In addition to the required purchase of hardware, City staff are also seeking endorsement from Common Council to obtain deployment services from Toter, LLC. The initial pilot program utilized Publics Works and Parks resources to deliver carts & totes door to door to approximately 1000 households. This proved to be a very big draw on resources and impact on other City services would be significant when deployment increases from 1000 to over 20,000 households. In Toter's initial tender documentation, they included a value added deployment service. Due to the complex nature of the deployment service and the lack of other vendors doing such work that Toter should be used as the service provider for the deployment of carts and totes. Manufacturing and shipping variables will determine the roll out schedule once orders have been placed. As stated in the last report to Council, there are many components of the project that still need to be finalized. Staff are working on these other components and will update and/or seek approvals from Comuncil as these are finalized. The timeline for full implementation, as stated in the last report to Council, is to have all eligble City households included in the transformed Solid Waste Collection Model by November 2022. STRATEGIC ALIGNMENT The proposed modernization of the City's Solid Waste Service best aligns with two Common Council priorities: • Green — by demonstrating environment stewardship at both the City and resident levels through increasing waste diversion, and • Perform — by managing cost of service delivery, while providing "at your door" recycling services and achieving environmental and employee safety outcomes. SERVICEAND FINANCIAL OUTCOMES Based on the latest GIS information, as provided by the PNB, the City services approximately 22,000 eligible households with solid waste services. Over 1,000 of these households have already received carts and totes as they were a part of the pilot project. -4- City staff estimates an order of 21,048 blue recycle totes, green recycle totes and lids will meet the requirements of a full city-wide deployment of the curbside recycling component of the model. Following is the results of the recent competitive bid process for the recycle totes and lids, supporting City staff's recommendation to award to Nova: Supplier Item quantity Unit Price Unit Freight Price SubTotal Nova 22 Gal Tate - Blue 21049 $ 9.45 $ 01.90 $ 215,742.DD 22 Gal Tote - Green 21049 $ 9.45 $ 0.90 $ 215,742.DD Lid for 22 Gal Tate 2104E $ 3.7.5 $ 0.45 $ SS,401.5D Total 519,9 5.60 Orbis 22 Gal Tote - Blue 210,48 $ 11.75 $ 0.74 $ 262,999.52 22 Gal Tote - Green 21048 $ 11.75 $ 0.74 252,999.52 Lid for 22 Gal Tate 2104S $ 4.95 $ 0.74 $ 119,763.12 Total $ 54.5,542.15 An order of 18,600 garbage carts will meet the requirements of the vast majority of the garbage component of the new model. A finalized method of garbage collection for approximately 2,500 households requires further analysis and community consultation that best balances the overall goals for the community (environmental, productivity, cost effectiveness) and the unique character of these neighbourhoods. A Capital Allocation of $1.63M was approved in the 2022 budget for the Solid Waste project. Based on the proposed cart, tote, and deployment services procurement, the additional required funding, not included in Capital, is approximately $360,000 cost (includes City portion of HST). The Finance Committee endorsed, and Common Council is being asked to endorse, up to $400,000 additional funding from Capital reserve, which will more than cover the added $360,000 cost. The following table shows the Capital cost requirements, including the garbage cart and deployment service unit and total costs from Toter LLC : Commodity Cost beach Re uired Quantity Total Pa Totals [before tax) Recycle Tote - Greer, i22L1 - No4a 510.25 21,048 S215 74C Nova Products $519,886 RecS-cle Tote - B'.ue 172 L1- Nova S10.25 21'048 5215742 Recycle Tote Cover- Blue- Nova S4.20 2'_, C49 :SHA02 Refuse Carts y=80LI-Toter 566.56 18.600 S1._33.016 Toter $1,397,926 Deployment Expe^cei Cart - Toter $7.85 18.60.0 5146.01 0 Recycle Tote Ll nloading Fee 55,900.03 1 S1900 Total Refare Tax $1,907,912 HSTAfter Rebate $81,769 Total $1,989,580 Capital Allocation 1 $1,630,000 Fu nding Req uired (Intl uding HST - after Rebate f 1 $359, saa `[till Saint John Community BOARD "I CONSEIL D'ADMINISTRATION de la communaute de Saint John Chair/President Suping Shi Vice-Ch air/Vice-presiden t Laura Oland 2 d Vice -Chair Lea St. John Darren McLeod Kara Au Mostafa Aboelneil Councilor Joanna Killen Councilor Paula Radwan Guylaine Cyr Andrea Kikuchi Abigail Smith Dahlia Das Chris McFarlane Daniel Rito Arts and Culture Coordinator Kate Wilcott Address P.O. Box/C.P. 1971 Saint John, NB/N-B E2L41_1 Tel: 658-4455 kate.wilcott@saintjohn.ca Logo based on City Hall sculpture "Progression" by Claude Roussel, CM, ONB, RCA MEMORANDUM March 291h 2022 Mayor Donna Noade Reardon and Members of Council City of Saint John Your Worship and Councilors, Re: 2022 Saint John Community Arts Funding Program (Spring) A regular meeting of the Saint John Community Arts Board's Small Grant Jury was held on Friday March 25th 2022 to decide the 2022 Community Arts Funding (Spring) grant recipients. The Saint John Community Arts Board Jury approved the grant amounts to be awarded to each organization or group as per the attached list, totaling $30,000.00. Such funding will be covered under the 2022 Saint John Community Arts Funding Program, from the $70,000 budget allocated by Common Council for the Board's programs. A second round of grants will take place in the Fall. During this round of grants, the board received 22 project and festival submissions. The 15 successful applications represent our diverse arts and cultural community and will add to the growth, prosperity, and vibrancy of the city. The Community Arts Board recommends that Saint John Common Council receive and file this letter and direct the Commissioner of Finance to issue cheques to be distributed to the grant recipients at a forthcoming presentation. Respectfully Submitted, Suping Shi Chair Saint John Community Arts Board Attached: List of Spring grant recipients for 2022 131 022 SMALL GRANT RECIPIENTS (SPRING) 1. ARCf: $2000.00 "Coup de Coeur Francophone" Coup de Coeur est une initiative speciale celebrant la chanson de langue fran�aise. Le projet donne Facces aux saint-jeannois a des artistes professionnels de la chanson dans le cadre de la Serie Rido, seule serie de spectacles en fran�ais offert aux francophones et francophiles. 2. GSJ Chinese Cultural Association: $1,500.00 "Youth Music Program" The Greater Saint John Chinese Association will build and cultivate Chinese youth musicians who are currently living in Saint John, and have been trained to use various instruments such as violin, saxophone, clarinet, piano, trumpet, drum, guitar, etc. This music has profoundly influenced young generations and produces rich heritage of music and culture embracing all members of our multicultural community. Performances will be accessible to all members of the community. 3. Connection Dance Works: $1,500.00 "Saint John Contemporary Dance Festival" CDW is presenting the 11th annual Saint John Contemporary Dance Festival in July 2022. This festival is a celebration of contemporary dance that features professional choreographers and dancers from New Brunswick, as well as local emerging dancers and musicians. The festival has been helping to strengthen the landscape of contemporary dance in Atlantic Canada. 4. Saint John Early Music Studio: $2,000.00 "Early Music Festival Community Outreach" The Early Music Studio will perform 10 public concerts and event, 5 school concerts, 4 senior concerts, and 35 workshops over the season, featuring professional musicians. The music itself is from the period of The City of Saint John's foundation in the late 18th century, and the organization offers performances not otherwise available in the City. 5. Quality Block Party/Girls Rock Camp: $3,000.00 "Saint John Rock Camp for Girls and Gender Creative Kids" A weeklong day camp for girls, genderqueer, and trans kids from ages 11-18. The program aims to provide the next generation of music community leaders with the skills to play a new instrument (or new techniques on an old one), the support to participate in their music community, and the confidence to perform live with their new band. Campers will learn from local teaching artists to play their instrument, learn sound tech basics, make their own merch, and they will showcase their skills at a public performance at Imperial Theatre. 19% 6022 SMALL GRANT RECIPIENTS (SPRING) 6. Industrial Parks: $1,750.00 "Creative Spaces Saint John Project" The Creative Spaces Saint John Project will work with the arts community and property owners to identify key areas of need for space among artists, creative professionals, and arts organizations as well as current spaces suitable for their needs. Funding will support the appropriate infrastructure, resources, and development requirements to begin making spaces available for local artists and creative professionals. 7. Industrial Parks: $1,750.00 "Emerging Artists Festival" This series will provide an opportunity for local emerging artists to showcase their works and talents, representing the diversity and creativity Saint John is known for. The 2-day inaugural event will take place in August and will include visual arts, workshops, film, music, and performing arts. 8. Inspire Festival: $1,500.00 "Community Engagement for Mural Festival" This international, travelling, non -profit festival will return to Saint John in May 2022 to create two large scale public art installations. Inspire is launching a muralist -in -training program where local community artists are given the opportunity to train with professional contemporary muralists, and the funding will be used for this program. 9. InterAction School of Performing Arts: $3,000.00 "Summer Theatre in the Park" InterAction's Summer Players (youth members of the Advanced Performance Company) will perform short plays each week at the Queen Square Farmer's Market. The school will also have an interactive booth set up with performing arts activities such as puppetry, storytelling, and music making. The primary goal of the activity is to make performing arts activities available and accessible to members of the Saint John community, as well as offer opportunities for our performing arts students to own their craft and develop their leadership skills. 10. Saint John Art Club: $1,100.00 "Advanced Art Course" The mandate of the Saint John Art Club is to promote local artists using various types of paints and varying degrees of talent. The club accepts artists of all abilities. The artwork that is displayed in the Art Gallery is not juried. This funding will allow the club to offer an advanced art class in oil paints, enhancing the artistic talents and abilities of the club members. `Bic] 6022 SMALL GRANT RECIPIENTS (SPRING) 11. Saint John Theatre Co.: $1,750.00 "Loyalist City Shakespeare Variety Show" Loyalist City Shakespeare will present its 2nd Shakespeare Variety Show. The company will put out a call for performances of 10-minute scenes, resulting in a 90-minute performance featuring community members. Actors will be chosen based on quality, diversity, and feasibility and everyone is welcome to apply to perform. The performances will take place at the BMO as well as live streamed for public at home. 12. Saint John Theatre Co.: $1,750.00 "Fundy Fringe Festival" Fringe is a multi -day, multi -disciplinary, unfiltered theatre arts festival that runs every August in Uptown Saint John. 2022 will mark the Fundy Fringe's 10th anniversary. As a member of the Canadian Association of Fringe Festivals, all performances are uncensored and selected via lottery. SO% of the performance slots are reserved for local performers and the remaining SO% is reserved for non -local companies, both nationally and internationally based. 13. Stone Church: $2,000.00 "Summer Artists in Residence" Stone Church is the oldest church in Saint John. Built in 1824, the church survived the 1877 fire and will soon celebrate its 200th anniversary. In anticipation of this major celebration, 4 artists will be invited to participate in a residency program for the summer of 2022. The artists will create projects that are inspired by the heritage and history of Stone Church. Funding will support the artists' fees. 14. Symphony New Brunswick: $2,400.00 "Symphony New Brunswick Library Concerts" The Saint John String Quartet presents four library programs each year. Due to Covid restrictions, SJSQ has been live streaming these concerts from the Saint John Free Public Library at Market Square. The library hosts the shows and invites five other libraries in the province to feature the event on their Facebook pages. The live stream is available for a week after the show. The free library concerts are meant to be 'cushion' concerts: 30- minute shows geared towards a younger audience, but without the formality of a more traditional school concert. Using themes such as 'Musical Emoji's', 'A Walk on the Wild Side' and 'Around the World with Music' to engage the imaginations of young listeners, the Symphony offers children the experience to enjoy professional -quality music free of charge. `Kt! 022 SMALL GRANT RECIPIENTS (SPRING) 15. Third Space Gallery: $3,000.00 "Third Shift Contemporary Art Festival" Established in 201S with the assistance of a SJCAB grant, THIRD SHIFT is an exhibition of public contemporary art that includes temporary installations, performances, projections, and interactive artwork. THIRD SHIFT offers Saint John a unique opportunity to engage with contemporary art and re -imagine urban space. Now expanded to a three-day festival comprising of workshops, artist talks, screenings, and other programming, THIRD SHIFT continues to encourage new experiences and communal exchange in the heart of Uptown Saint John and beyond. All activities are free of charge and open to the public. 4 From: City of Saint John, New Brunswick To: Common Clerk Subject: Webform submission from: Request to present to council form Date: March 29, 2022 10:47:04 AM [ 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, 03/29/2022 - 10:43 Submitted by: Anonymous Submitted values are: About Person/Group First Name: Seth Last Name: Asimakos Name of Organization/Group (where applicable): Kaleidoscope Social Impact (formerly Saint John Community Loan Fund) Address: 139 Prince Edward St. Saint John, New Brunswick. E2L 3 S3 Canada Day Time Phone Number: (506) 6516839 Email seth(c,loanfund.ca 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 `Ki.1 Topic of Presentation: Letter of support for the House of Merritt — Supportive Housing Project Purpose for Submission (what is the ask of Council): Nowadays we are applying for funding the House of Merritt project with resources from the Canada Mortgage Housing Corporation's Co -Investment fund. To complete the application, Kaleidoscope Social Impact require confirmation of support from the City of Saint John in the form of a letter stating endorsement for the project, it is important to notice that the endorsement does not imply any monetary contribution for the project. Background Information: On October 18, 2021, the City of Saint John's Common Council approved the rezoning for the property located at 110-128 Waterloo Street from Neighbourhood Community Facility (CFN) to General Commercial (CG) enabling the Kaleidoscope Social Impact (formerly Saint John Community Loan Fund) to continue working in the development of the project the House of Merritt in the indicated property. This project will construct a mixed -use building that includes 12-units of supportive housing for chronically homeless women experiencing substance use disorder and health -related challenges. The building will also include a commercial space housing two community service agencies; Avenue B and Fresh Start Services for Women. Community agencies will work in an integrated manner to deliver 24/7 tenant supports through a harm reduction. File Upload The House of Merrit - Executive Summarvndf (2.04 MB) `RYA The House of Merritt Executive Summary March 22, 2022 `Ec1:3 Excecutive Summary Building a Mixed Use Supportive Housing Project Organization Kaleidoscope Social Impact Inc 2000 Kaleidoscope Social Impact (formerly Saint John Community Loan Fund) celebrated its 20t" Anniversary in November 2019. It has grown from a single purpose micro finance organization to The Sem4 John Cnm v&ty L. FNmd stun the firm Ann 1 f'l 1v per Award et the 0utoterrd4ny 5uatnese Awerda last Thurrdey I., Hs canl.ib tan [o IN S'rA.I Enterprise Huh ptoject. .. 1 n.._ .'-.0 n.. !_."'YiE Wd ......L MLWVk Two companies receive inaugural Developer Award JeRflR idYRNen er..n.dR.�R lt:4Crrn.,.r�.,n'nrraryeLJ� "i; lreYpNwb ml ldr pr'.tfWr". llarlart Nnifi.r+7W.�tw�. Ri L4IM WHN•-[KlIAI eYrrin+rt61F tpdceleM [Rrm'NNBYAi NfNdflTh• �I.rud r<.wpKd ra.rw: ilu.Mq mdlr','�9c.1 Cs>L�C49�1R ni8lri nYlis cny. @IRULnCVnd Bu.f- wNp Wrtl radavM.dnr. rclry.r. H i„tnnr.. rx.rr4rFmemN rr�4:.z �ruvnrt.,{Yt w+vrvt•yapin [arty. r+ Wi. Ceuunarrrty l�iur Fd.�l .M•Lq.oeM in rW "ri' hV hldfrLYggY f nYAM a frer. _ pry ene4+p S— h•wCr.ryrp, .p t)rr r.Tan. (rare♦.ednan tlt9+. 6rdraw ..19 rM Rk.[,n • grnrHe nlrirh aix lir>,Yrb Pg il.e Ve.n. eniYrlirh. «hnmrcaS mir•rt+�?(n Nltl mlr.'Vtrrin(,miRfr wWllilld [OCiwd![.reWlri 1n.mxlpYm. 9sn� ,rewr rrea r.d...arew.a ara� m.ak n FyrI1M-. Fvrrn[weAraLRym Rr nxvitne.leue Nun R+dWr• 'Grnuyr ]aYc.fwM t+Mrr. bpn:r YspoClt •w6+M1lFeUrnn..o[r.ienYer ronw'ay�a, r•Y....d:..,me.c� r�r. ra sYcm+gnl�rrN. nar.. Cnn.PiN 1Vt YLY't.4.W Irdrll .ma u1d11mu nr L<asmx rn9vieen ]Ya feam kdw lr.iui>,rm .:.nr rmNrry sWr..re ear l�.un[he.l one that delivers training, social finance, and develops and manages social purpose real estate. Its goal is to help individuals and organizations create income, build assets and attain greater self reliance. Our mission is to help people prosper. We work in three primary areas of activity: social finance; training; and purpose real estate. Our TRAINING programs include: youth entrepreneurship, YES; training women to start businesses in Enterprising Women; training women to become energy auditors with NEXT Inc.; financial literacy training in Money Matter$, plus tax assistance and accessing government benefits. Our SOCIAL FINANCE includes; microfinance to help individuals get back to work and or start a business; social enterprise financing to launch or scale ideas for impact; and affordable housing financing, to help developers to purchase properties. We are in the process of scaling the fund to $10 million to increase impact across the Province. And in Saint John, we are involved in SOCIAL PURPOSE REAL ESTATE, building affordable housing and commercial non-profit spaces and are currently working on the design of our 41" and 51" buildings. We have delivered training to over 5000 people, made more than 300 loans or equity investments to support self reliance and innovation, and manage 5 affordable housing units and the Social Enterprise Hub. The value of the Kaleeidoscope's Assets Under Management is $3.5 million. Primary Contact Seth Asimakos, GM and Co -Founder 651-6839 Seth@loanfund.ca Seth Asimakos is the co-founder of the organization and has guided its vision being involved with over 200 loans, developing programs, diversifying activities and hiring an expert staff and 139 ka lewdoscope social impact Excecutive Summary Building a Mixed Use Supportive Housing Project board to lead the Loan Fund into its next decade of impact. He holds an MSc in Planning and Development. Saint John, NB has one of the highest poverty rates in Canada, and the highest child poverty rate. This summer the Loan Fund conducted research on the affordable housing market. There is a minimum demand of over 1100 affordable housing units in Saint John. This is based on current wait list data. CMHC estimates that another 4,000 are in need as they spend more than 30% of their income on housing. In spite of this need and demand for affordable housing, we have seen rents increase as private developers invest in high end apartments, serving and attracting a new wave of professionals moving to the uptown. In fact, we are seeing an affordable housing crisis in all municipalities in NB. 2I �` 140 Ira iepdoscope social impact Excecutive Summary Building a Mixed Use Supportive Housing Project Accessing affordable housing is difficult, and for women experiencing concurrent mental health and substance use disorders, trauma, abuse it is impossible. House of Merritt will house and support the most marginalized women experiencing homelessness in order to reduce both human and financial costs to our communities and province. Women Suffering from Substance Use Disorders and Homelessness Today, there are 24 women experiencing chronic homelessness who have signed consent to have their information captured on Saint John's By-Names-List.1 These women are entrenched in homelessness and are experiencing considerable health issues. Of these 24 women, there are 12 who are currently identified as "High Acuity +", every one of these women share common interrelated mental health disorders, addictions, chronic homelessness and related health issues. Sadly, for the women who are currently homeless and considered "High Acuity +" there is no existing supportive housing program that can successfully accommodate these women in Saint John. The House of Merritt team seeks to change this. According to the Centre for Research, Education and Clinical Care of At -Risk Populations (RECAP), a 2018 review of 167 patients on opioid agonist therapy through the RECAP clinic women had proportionally higher rates than men of reported homelessness (7.7% vs. 2.0%), living with one or more other people with SUDS (26.9% vs. 17.7%), mental health conditions (86.4% vs. 60.2%), prior suicide attempts (41.5% vs. 19.8%), and one or more types of physical, sexual, or mental abuse (78.3% vs. 27.2%). The vast majority (92.3%) of women had an annual income household income of < $25,000. Cost to human beings (taken from the letter attached) In 2020, the RECAP Team lost a young patient whose life could have been changed dramatically by safe, supportive housing. Sadly, the life she led is not unfamiliar among other women we care or have cared for. She was an example of the lethal effects of homelessness and unstable housing on women. Her path to homelessness began, as many do, with severe abuse at home which led her to substance use to cope with the trauma and moving out without any income or a secure place to live at a young age. In her five years as a patient with us, no amount of medical care we could provide could overcome the effects that chronic homelessness had on her life. Her life was constant couch -surfing in places where drug use was encouraged, and payment for a place to stay was often in exchange for sex. When housing was obtained, the lack 1 As this is a consent only list, the estimated number experiencing chronic homelessness and the interrelated health issues, is arguably greater. 31 4` 141 ka lewdoscope social impact Excecutive Summary Building a Mixed Use Supportive Housing Project of structured supports led to her apartment quickly being overtaken by male 'friends' who used the place for the sale and use of drugs, eventually leading to her eviction. She had no more than a few possessions, and nowhere safe and clean to use. Her hospitalizations were numerous with severe illness often brought on by injecting with puddle or tap water with no means to keep a supply of sterile water on hand living out of only a small bag whose contents were often stolen. She suffered from chronic malnourishment, only complicating her ability to fend off and recover from infections. Her ongoing substance use was continually driven by the further trauma she suffered simply trying to seek shelter. She died just shy of her 27th birthday from medical complications of substance use. For this individual, housing was the missing element in her prescriptions. Financial costs to society The healthcare costs related to homelessness and precarious housing among women with SUDS cannot be over stated. According to the Canadian Institute for Health Information (CIHI), hospitalizations with conditions commonly related to substance use disorders have been steadily rising between 2014 and 2018 in New Brunswick. The Canadian Institute of Health Information measure of cost for general hospital stays related to substance misuse disorder, is $4431. New Brunswick had an estimated 2988 hospitalizations due to substance use disorder last year. This translates into a total cost of $13,239,828 in one year in New Brunswick. Additional costs are related to common comorbidities related and/or caused by this disorder. The most common include: mental illness, chronic pain, infectious disease transmission, serious infections, and heart disease. Examples of these comorbidities are hepatitis C, infective endocarditis, osteomyelitis, and cellulitis. Median cost related to a single hospitalization in the 18-59-year-old age group for endocarditis ($20,000), osteomyelitis ($10,000), cell ulitis/abscesses ($5000), sepsis ($17,000), and overdose ($4,600). By developing a supportive housing program for women experiencing chronic homelessness and substance use disorder we will prevent unnecessary + avoidable deaths and suffering and save the government money. To construct a mixed -use building that includes 12-units of supportive housing for chronically homeless women experiencing substance use disorder and health related challenges. The building will also include a commercial space housing community service agencies, Avenue B 41 4` 142 ka lewdoscope social impact Excecutive Summary Building a Mixed Use Supportive Housing Project and Fresh Start for Women. The community agencies will work in an integrated manner to deliver 24/7 tenant supports through a harm reduction and housing first approach. The residential units will be compact at under 300 square feet. They will be set up as bachelor units, with a small kitchenette, sitting and eating area, sleeping area, and a bathroom with shower. Commercial space will occupy the ground floor, with residential units on the second floor. 5 1 Page 143 ka I e l d osco pe social impact Excecutive Summary Building a Mixed Use Supportive Housing Project This co -developed and delivered project is managed by subject matter experts in: clinical care for at risk populations, harm reduction, homelessness, social purpose real estate, research and coordination. And includes the following agencies: • Kaleidoscope — with a background in developing social purpose real estate will provide oversight on construction, assume ownership, and manage building operations • Avenue B — with experience servicing the needs of the target population will provide on -site support for the residential tenants • Fresh Start Services for Women - with experience servicing the needs of the target population will provide on -site support for the residential tenants • Human Development Council — with experience in managing grants to shelters and supportive housing projects around the province, is providing leveraging capital and industry knowledge • Robert Boyce — architect • Johnson Engineering - engineer Cost of Construction The total square footage for the building is 12,000 square feet, with 6,000 for residential and 6,000 for commercial. The mid range cost to build supportive residential units based on the most up to date numbers provided by the Altus Group 2021 Canadian Cost Guide, would be $195 per square foot (St. John's and Halifax numbers). This means the cost to build the residential portion is approximately $1.2 million. The commercial component is somewhat lower at $190 per sq foot, but ultimately, the cost for the building will be roughly $2.4 million, plus HST. We have a total estimate from Robert Boyce at the same, plus Architectural and Engineering Fees, bringing us to $3,002, 801. Financing 61 4` 144 ka lewdoscope social impact Excecutive Summary Building a Mixed Use Supportive Housing Project We are requesting 12 ARHA subsidies at a value of $70,000 per unit to build the residential units, for a total of $840,000. HDC is putting in $851,000, and we have an application into CMHC's Co -Investment Fund, which may turn into a $900,000 contribution. The remaining amount of $412,000 will be financed through the Bayview Credit Union, or through Kaleidoscope's Build NB Fund. Annual operating cost of the building is projected at $128,000 with mortgage payments. Rent per residential unit will be $850/month. To ensure residential tenants can live within their means at 30% of income going to rent, we are requesting 12 rent supplements. The supportive services for residential tenants (staffing supervision, food, etc) will be sought through a separate agreement by Avenue B and Fresh Start with Social Development Supportive/Special Housing Unit. 7 1 1. 145 ka I e l d osco pe social impact Excecutive Summary Building a Mixed Use Supportive Housing Project Topographic Map Showing Site 81 �' 146 ka I e i d osco pe social impact Excecutive Summary Building a Mixed Use Supportive Housing Project Exterior Concept (two floor, not three) Corner of Waterloo St and Brunswick Dr. Floor Plan for Residential Units 91 4` 147 ka lewdoscope social impact Excecutive Summary Building a Mixed Use Supportive Housing Project Site Elevations with Ground Floor Space III ham■ ��., hI■ II_II`ll NOR TYPICAL UNIT SCALE: 1?4--, -0' PATH III _ iwil ■■�lU��l�ll BARRIER FREE UNIT SCALE; ild"-V' io if10, 148 ka I e 1 d osco pe social impact Excecutive Summary Building a Mixed Use Supportive Housing Project Page 1: 1 Page 4` 149 ka le- doscope social impact The City of Saint John October 20, 2021 Mr. Brendan Bates Toss Solutions 82 Germain Street, Suite 2A Saint John, New Brunswick E21- 2E7 Via Email: bates(aD-tosssolutions.com Subject: Rezoning Application 110-128 Waterloo Street Mr. Bates: On October 18, 2021, Common Council gave Third Reading to the Rezoning for the property at 110-128 Waterloo Street. Common Council rezoned the site, also identified as being PID Numbers 00013714, 00013722, 00013730, 00013748, 55039879, and 55039887, from Neighbourhood Community Facility (CFN) to General Commercial (CG). In conjunction with the rezoning, Common Council discharged the existing Section 59 conditions which were adopted on November 1, 1999 and registered on the land identified as PID Numbers 00013706; 00013144; 00013136; and 00013128. In conjunction with the rezoning, Common Council discharged the existing Section 59 conditions which were adopted on June 27, 2016 and registered on the land identified as PID Numbers 00013714; 00013722; 00013730; 00013748; 55039879; and 55039887. In conjunction with the rezoning, Common Council imposed the following Section 59 conditions on the development site (PID Numbers 00013706; 00013144; 00013714; 00013128; 00013136; 00013722; 00013730; 00013748; 55039879; and 55039887): a. The applicant to submit flow calculations, completed by an Engineer, to facilitate the modelling of the water usage and sewer flows. The developer shall not proceed until they have first obtained the City's written opinion that its municipal infrastructure, storm and sanitary services as well as water services, has adequate capacity to accommodate the proposed development. r� P.O. Box 1971 C.P. 1971 Saint John, NB Saint John, N.-B. Canada E2L 4L1 Canada E2L 41-1 SAINT JOHN Page 1 of 2 vwvw.s��tjohn.ca Mr. Brendan Bates 110-128 Waterloo Street October 20, 2021 b. That the development and use of the parcel of land be in accordance with a detailed site plan, prepared by the proponent and subject to the approval of the Development Officer, illustrating the design and location of buildings and structures, garbage enclosures, outdoor storage, driveway accesses, vehicle parking, loading areas, landscaping, signs, exterior lighting, and other such site features. The Common Clerk's office will be forwarding you a copy of the official documentation that has been registered with Service New Brunswick. Should you have any questions, please email me at Jennifer. Kirchner(a)-saintiohn.ca or call me at (506) 639-7933. Sincerely, Jennifer Kirchner, MCIP, RPP Manager, Community Planning Application No. 21-0140 Cc: Seth Asimakos - Via E-Mail setha-loanfund.ca Page 2 of 2 151 APPLICATION FOR SUPPLEMENTARY LETTERS PA.TE,NT TO: The Director under the Companies Act Tice Petition of Saint Jahn Community Loan Fund Iuc. H"LY SHEWETH THAT: Saint John Community Loan Fund Inc. (hereinaftr called the "'Company' was incorporated under and by virtue of the Co prardes Act; RSNB 1973, c. C-13 (the "ACV) by letters patent dated the 244 of April, 2000. The directors of the Company can the 12u" day of October, 2021 duly enacted Special By_ T aw "A', authoriziy1g the making of this application. The said Special By -Law 'W', a ceatiitied copy of which appears as Exhibit 'W' to this petition, was approved, ratified, sanctioned and eonf mcd by the rrtemlaers of the Company at a duly constituted meeting in accordance with the Act held on the 1 "7`h day of Dccemher, 2021. The Company is desirous ofamendiag its charter in accordance with the attached by-law. The proposed amendment of the eharter is bona fide and expedient and not for an impropm purpose. Your applicants themfore request that supplowentary letters patent be issued. WITNESS the Corporatc Seal of the Company. rw DATED at Saint Jahn, New Rninswick, this, day of Janriary, 2022. SaWt Jahn Community Lawn Mmd Inc. F: Press ent Secretary (corporate seal) iiM MMEr "All By -Laver of Saint John Community Loan Ftmd. Inc. Special By -Law "A„ A By -Law autbefi ing aft application foi° suMlernentary letters patent' AREAS it is deemed desirable that the pr[►'visiOns of the charter of the Cnnapany be ammdcd by supplementary letters patent. NOW TBEREFORE DE IT ENACTED and it is hereby enacted as a By -Law of the Company as follows: 1_ That an application to the Director under the Companies Act b�- made and the same is hereby authorized for issuance of supplementary letters patent amending 4-.e charter of dr- Company by changing the name of the Company frorn "Saint John Corrununity Loan Fund Inc_" to "Kaleidoscope Social Impact Inc." 2_ T11at any two (2) of the proper officers or directors of the Company, be and they are hereby authorized to make application to Djrector — Companies Act for supplementary letters patent amending the Charter of the Company as herein set out and that they be f ulher authorized to sign and execute all otba documwts and do all other acts and things necessary and dcsirabie for carrying this by-law into effect. 711 ENACTED this 11 day of January, 2022 by the Board of Directors. SAINT JOIJN +COMMUWV LOAN FUND INC. Per: President Per:. - Secretary (corporate sue) I iiM CERTIFICATE Certified to be a true copy of Special By -Law "A" of the By -Laws of Saint John Community Loan Fund Inc., duly enacted at a meeting of the board of directors of the said Company called and duly held for the purpose of considering the same on the 12'11 day of October, 2021, and duly approved, ratified, sanctioned and confirmed by at least two-thirds (2/3) of the votes cast at a special general meeting of the members of the said Company_ called and duly held for the purpose of considering the same on the 17'' day of December, 2021 at which meeting a quorum of the members of the Company were present in person or represented by proxy and that the said By -Law is still in force and effect, unamended. 7N DATED this_ L( day of January, 2022. Per: � Secretary (corporate seal) 154 From: City of Saint John, New Brunswick To: Common Clerk Subject: Webform submission from: Submission to Council Form Date: March 17, 2022 5:35:26 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 Thu, 03/17/2022 - 17:35 Submitted by: Anonymous Submitted values are: About Person/Group Submitting First name Julie Last name MacAlpine Name of organization/group (where applicable) GBS/CIDP Foundation of Canada Mailing Address Telephone Email i macalpine(a,�gb sci d If you do not wish to have your personal information (address, phone number, email) become part of the public record, please check this box. Yes About your Submission Topic of submission Raising awareness of Guillain-Barre Syndrome (GBS) and Chronic Inflammatory Demyelinating Polyneuropathy (CIDP). Purpose for submission (what is the ask of council): We respectfully request that the city of Saint John proclaim May 2022 as GBS/CIDP Awareness Month. The Month of May has been internationally designated as "GBS and CIDP Awareness Month" to educate the public and to focus attention on these rare conditions. Executive summary The GBS/CIDP Foundation of Canada is a national, not for profit patient organization that supports patients and families afflicted with Guillain-Barre Syndrome, Chronic Inflammatory Demyelinating Polyneuropathy, and variants such as Multifocal Motor Neuropathy. We serve patients through support, education, research and advocacy. GBS has a sudden onset of symptoms, which can cause complete paralysis within a day. Recovery can be unpredictable, patients and their families face an uncertain future, usually requiring months of hospital care without knowing if or when they will recover, or whether they will face long-term disabilities. Earlier diagnosis, treatment, and access to rehabilitation services can improve the chances of avoiding permanent lifelong residual damage of the nerves. The cause of these conditions is unknown, and can develop in any person, regardless of age, gender or ethnic background. We are working to raise awareness of these rare conditions so that future patients get help sooner and will know that our organization is here to provide hope. We provide support and information through trained volunteers, our website, materials provided to hospitals, and organize local and online peer -to- peer support group meetings. We provide patient educational events and build awareness within the medical community. We advocate for access to diagnosis and appropriate treatment, and also support Canadian research that aims to improve the quality of life of GBS, CIDP, and MMN patients. For more information, please see the email and attachment sent to mayor Donna Reardon (mayor@ saintj ohn. ca) by Julie MacAlpine. Thank you. `&V 1 '01, j Di M&C No. 2022-101 Report Date March 29, 2022 Meeting Date April 04, 2022 Service Area Growth and Community Development Services SUBJECT. City Market Lease Renewal with Sisters Italian Foods Ltd. operating under the registered business name Sisters Italian Foods. EXECUTIVE SUMMARY OF COMMITTEE OF THE WHOLE REPORT FOR OPEN SESSION OF COUNCIL Sisters Italian Foods has been operating in the City Market for 24 years. They have a large following at the City Market and are known for their long Mac and Cheese line ups on Thursdays. The City is pleased to renew their lease so they can continue to foster great relationships with our customers and provide top notch food and atmosphere to the City Market. COUNCIL RESOLUTION NOW THEREFORE BE IT RESOLVED that the City enter into a Lease for Stall F and ancillary spaces in the City Market with Sisters Italian Foods Ltd., operating under the business name Sisters Italian Foods, under the terms and conditions as set out in the Lease submitted with M&C 2022- 101; and FURTHER BE IT RESLOVED that the Mayor and City Clerk be authorized to execute any necessary documents. `W411 M&C No. 2020-107 Report Date March 29, 2021 Meeting Date April 04, 2021 Service Area Growth and Community Development Services SUBJECT. City Market Lease with Black Douglas Holding Ltd., Dba Sagratis EXECUTIVE SUMMARY OF COMMITTEE OF THE WHOLE REPORT FOR OPEN SESSION OF COUNCIL The City is pleased to renew a lease with Sagratis. They are a long-standing and valued tenant at the market. They have an active following of dedicated customers who love their baguettes, wraps, other assorted goods, and they are well known for their bustling catering business. The City Market looks forward to having them continue as a vendor in our historic market for years to come. COUNCIL RESOLUTION NOW THEREFORE BE IT RESOLVED that the City enter into a Lease for Stall 15 and ancillary spaces in the City Market with Black Douglas Holding Ltd., Dba Sagratis, under the terms and conditions as set out in the Lease submitted with M&C 2022-107; and FURTHER BE IT RESOLVED that the Mayor and City Clerk be authorized to execute the said Surrender, Lease, and any documents ancillary thereto. `RU] The Ory of Saint Jobn Nominating Committee Meeting - March 29, 2022 2nd Floor Boardroom Present: Mayor Donna Reardon Deputy Mayor John MacKenzie Councillor Paula Radwan Councillor Gary Sullivan Administrative Office, Richard Evans Committee of the Whole Members, Subject: Recommended Appointments to Committees The Nominating Committee, having met on March 29, 2022, makes the following recommendations: City Market Strategic Plan Steering Committee: to appoint Becky Knox for a 3 year term from April 4, 2022, to November 21, 2022; City of Saint John Shared Risk Pension Plan Board of Trustees: to reappoint Andrew Green for a 4 year term from April 4, 2022, to April 4, 2026; Civic Commemoration Committee: to appoint Councillors Ogden and Hickey from April 4, 2022, to the end of their current terms of Council and to appoint Heidi MacDonald, Krista Downey, Jocelyn Stevens, Carl Killen, and Misty Schofield each for 3 year terms from April 4, 2022, to April 4, 2025; Lord Beaverbrook Rink: to reappoint Heather McBriarty for a 3 year term from April 29, 2022, to April 29, 2025. Planning Advisory Committee: to appoint Phil Comeau for a 3 year term from April 4, 2022, to January 1, 2025; Saint John Community Arts Board: to appoint Wenmei Li for a 3 year term from April 4, 2022, to April 4, 2025; Saint John Energy: to appoint Colleen d'Entremont and Stephanie Bell both for 3 year terms from July 8, 2022, to July 8, 2025, and September 4, 2022, to September 4, 2025, respectively; SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 41�ivww- saintjohn.ca I C.I? 1971 Saint John, N.-B. Canada E2L 4L1 Saint John Substandard Properties Appeal Committee: to appoint David Brown for a 3 year term from April 4, 2022, to April 4, 2025; Trade and Convention Centre Commission: to appoint Richard Peters for a 3 year term from April 4, 2022, to April 4, 2025. Sincerely, / vv L Mayor and Chair of the Nominating Committee SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 41 J�L LE319vwww- saintjohn.ca I C.I? 1971 Saint John, N.-B. Canada E2L 4L1 ----��