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2022-12-12_Agenda Packet--Dossier de l'ordre du jour�B City of Saint John Common Council Meeting AGENDA Monday, December 12, 2022 6:00 pm 2nd Floor Common Council Chamber, City Hall An Electronic means of communication will be used at this meeting. The public may attend the meeting in person in the Council Chamber or view the meeting on the City's Website (wwwsaintjohn.ca) or on Rogers TV. Pages 1. Call to Order 1.1 Land Acknowledgement 1.2 National Anthem 2. Approval of Minutes 2.1 Minutes of November 28, 2022 2 - 18 3. Approval of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 Retail Drive and Ashburn Lake Road Alignment— Integrated Bilateral Funding 19 - 59 Agreement (Recommendation in Report) 5.2 Designation of By-law Enforcement Officers (Recommendation in Report) 60 - 62 5.3 Designation of By -Law Enforcement Officer - Christian Beaudain 63 - 65 (Recommendation in Report) 5.4 Service Agreement for John Hooper's People Waiting (Recommendation in 66 - 81 Report) 5.5 Anniversary Grant from Saint John Community Foundation and Dominion Park 82 - 89 Community Association Fundraising Contributions to Phase One of Dominion Park Master Plan (Recommendation in Report) 5.6 Initiate Stop -Up and Closure for Portion of Newport Crescent (Recommendation in Report) 5.7 Proposed Public Hearing Date: 92-94 Bon Accord Drive, 157 Starburst Lane, and 661 Dever Road (Recommendation in Report) 5.8 Esd Canada Consulting Service Request Order (Recommendation in Report) 5.9 Direct Engagement for Engineering Services: Market Square Parking Garage — Detailed Flood Investigation (Recommendation in Report) 5.10 Designation of Building Inspectors and City Inspectors for the Administration and Enforcement of the Building By-law (Recommendation in Report) 5.11 Contract No. 2022-085102Q — Shamrock Park Field Score Clock (Recommendation in Report) 5.12 Designation of By-law Enforcement Officers (Recommendation in Report) 6. Members Comments 7. Proclamation 8. Delegations / Presentations 9. Public Hearings - 6:30 p.m. 10. 11 9.1 Proposed Zoning ByLaw Amendment with Planning Advisory Committee recommendation and Staff Presentation - 51 Heather Way (1 stand 2nd Reading) Consideration of By-laws 10.1 Zoning Bylaw Amendment with Section 59 Conditions - 200 Cambridge Drive (3rd Reading) 10.2 Bylaw respecting the Construction, Repair and Demolition of Buildings and Structures (3rd Reading) 10.3 Business Improvement Levy ByLaw Amendment (3rd Reading) Submissions by Council Members 12. Business Matters - Municipal Officers 12.1 City Manager Update on Select Catalytic Projects and Advocacy (Verbal) 2 90 - 94 95 - 97 98 - 108 109 - 111 112 - 116 117 - 119 120 - 124 125 - 202 203 - 215 216 - 286 287 - 287 12.2 Winter Management Overview (Tabled from November 28, 2022) 288 - 315 12.3 Demolition of Vacant, Dilapidated and Dangerous Building at 181 Bayside 316 - 342 Drive (PI D: 00343715) 13. Committee Reports 13.1 Growth Committee: Rapid Housing Initiative (RHI) 343 - 352 13.2 Finance Committee: 2022 Reserves 353 - 359 13.3 Public Safety Committee: Building Safer Communities Fund 360 - 363 13.4 Finance Committee: 2023 General Fund Operating Budget 364 - 417 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 15.1 SJ Community Arts Board: 2022 Saint John Community Arts Funding Program 418 - 419 - Winter (Recommendation: Receive for Information) (Tabled from November 28, 2022) 15.2 S. Dearing: Canada Homes for Rent (Recommendation: Receive for 420 - 421 Information) (Tabled from November 28, 2022) 15.3 R. Pedersen: Housing for the Homeless (Recommendation: Refer to City 422 - 423 Manager) (Tabled from November 28, 2022) 15.4 Envision Saint John: Request to Present (Refer to the Clerk to Schedule) 424 - 424 (Tabled from November 28, 2022) 15.5 A. Johnson: Clarity of Stafrs Reporting to Council (Recommendation: Receive 425 - 426 for Information) 16. Supplemental Agenda 17. Committee of the Whole 17.1 Construction Costs 427 - 427 18. Adjournment K City of Saint John Common Council Meeting Monday, December 12, 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: 4:45 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)(c,f,g) COMMON COUNCIL / CONSEIL COMMUNAL November 28, 2022 / le 28 novembre 2022 MINUTES — REGULAR MEETING COMMON COUNCIL OF THE CITY OF SAINT JOHN NOVEMBER 28, 2022 AT 6:00 PM 2ND FLOOR COMMON COUNCIL CHAMBER, CITY HALL An Electronic means of communication will be used at this meeting. The public may attend the meeting in person in the Council Chamber or view the meeting on the City's Website (www.saintjohn.ca) or on Rogers TV. Present: Mayor Donna Noade Reardon Deputy Mayor John MacKenzie Councillor -at -Large Gary Sullivan Councillor -at -Large Brent Harris Councillor Ward 1 Greg Norton Councillor Ward 1 Joanna Killen Councillor Ward 2 Barry Ogden Councillor Ward 3 Gerry Lowe Councillor Ward 3 David Hickey Councillor Ward 4 Greg Stewart Councillor Ward 4 Paula Radwan Also Present: City Manager J. Collin General Counsel M. Tompkins Commissioner Human Resources S. Hossack Fire Chief K. Clifford Commissioner Utilities & Infrastructure Services B. McGovern Commissioner Growth & Community Services J Hamilton Commissioner Finance K. Fudge Commissioner Public Works and Transportation Services M. Hugenholtz City Clerk J. Taylor Administrative Officer R. Evans Deputy Clerk Patricia Anglin Call to Order K COMMON COUNCIL / CONSEIL COMMUNAL November 28, 2022 / le 28 novembre 2022 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 Hasti Kamkar a Grade 12 student at Rothesay Netherwood School and attending the Alison Dawn Voice and Music Academy sang O Canada. 2. Approval of Minutes 2.1 Minutes of November 14th. 2022 Moved by Councillor Hickey, seconded by Councillor Harris: RESOLVED that the minutes of November 14th, 2022, be approved. MOTION CARRIED. 3. Approval of Agenda Moved by Councillor Stewart, seconded by Councillor Lowe: RESOLVED that the agenda of November 28, 2022, be approved with the withdrawal of item 10.6 Traffic By -Law Amendment (3rd Reading) and the addition of the following items from Committee of the Whole: • 17.1 Municipal Reform Resolution • 17.2 Encroachment Agreement • 17.3 Election of a Director • 17.4 Settlement of Claim • 17.5 Land Assembly for Provincial Project MOTION CARRIED. Moved by Councillor Radwan, seconded by Councillor Killen: RESOLVED that item 11.2 become item 11.1 on the agenda order of items. MOTION tied with Councillor Radwan, Killen, Harris, Ogden, and Hickey voting in favour and Deputy Mayor MacKenzie and Councillors Sullivan, Lowe, Stewart and Norton voting against the motion. MOTION defeated with the Mayor casting the deciding vote against the motion. 4. Disclosures of Conflict of Interest 2 K3 COMMON COUNCIL / CONSEIL COMMUNAL November 28, 2022 / le 28 novembre 2022 5. Consent Agenda 5.1 RESOLVED that as recommended in the submitted report M&C 2022-324: JJ MacKay Canada Ltd. — Amendment to Gateway, Hosting and Notification Service Agreement the City of Saint John enter into an amendment to an existing Service Agreement with J.J. MacKay Canada Ltd.— as attached to M&C No. 2022-324 for the Removal of Multi -Space Parking Meters and that the Mayor and City Clerk be authorized to execute said agreement. 5.2 RESOLVED that as recommended in the submitted report M&C 2022-356: Proposed Public Hearing Date — 35 Water Street, Common Council schedule the public hearing for the Section 59 amendment application submitted by Fundy Quay Developments Inc. for 35 Water Street (PIDs 55235113, 55221881, 55235105) for Monday, January 9, 2023, at 6:30 p.m. at the Council Chamber, City Hall 2nd floor, 15 Market Square, Saint John, NB. 5.3 RESOLVED that as recommended in the submitted report M&C 2022-355: Assent to Money -in -lieu of Land for Public Purposes, 990 Fairville Boulevard Common Council assent to money -in -lieu of Land for Public Purposes for the proposed Subdivision at 990 Fairville Boulevard. 5.4 RESOLVED that the submitted report M&C 2022-360: 2022 Fall Debenture Terms be received for information. 5.5 RESOLVED that as recommended in the submitted report M&C 2022-365: Fleet Replacement Procurement — November 2022 Common Council award the purchase of one (1) Tandem Cab and Chassis with Dump, Plow, and Wing at a total cost of $305,000 plus HST to Richwil Truck Centre Ltd. 5.6 RESOLVED that as recommended in the submitted report M&C 2022-361: Oracle Canada ULC Contract Renewal 2023, the City renew the Contract with Oracle for its Talent Management software, Taleo as outlined in the contract attached to M&C 2022-361 and that the Mayor and City Clerk be authorized to execute the necessary documents. 5.7 RESOLVED that as recommended in the submitted report M&C 2022-347: Bulletproof Consulting Statement of Work, the City enter into a Statement of Work Agreement (SOW) with Bulletproof for time and materials -based consulting services in the form attached to M&C No. 2022-347; and that the Mayor and City Clerk be authorized to execute said Agreement and any documents ancillary. 5.8 RESOLVED that as recommended in the submitted report M&C 2022-367: Contract 2022-081202T. Dominion Park Master Plan Part 1 Common Council approve the following: (A) Council approve reallocating $150,000.00 from the funding from the Greenhead Road storm sewer project to the Dominion Park Master Plan — Phase 1 project to offset a portion of the projected budget variance as outlined in this report, C! COMMON COUNCIL / CONSEIL COMMUNAL November 28, 2022 / le 28 novembre 2022 (B) Council approve reallocating $40,000.00 from the funding from the Structure Repairs of storm sewers project to the Dominion Park Master Plan — Phase 1 project to offset a portion of the projected budget variance as outlined in this report, (C) Council approve reallocating $50,000.00 from the funding from the South Market Street design services only project to the Dominion Park Master Plan — Phase 1 project to offset a portion of the projected budget variance as outlined in this report, (D) Council approve the allocation of $162,000 of General Fund capital reserve funding to Dominion Park Master Plan — Phase 1 project to offset the remaining portion of the projected budget variance as outlined in this report, and, (E) Contract 2022-081202T: Dominion Park Master Plan — Phase 1 be awarded to the low tenderer, Fairville Construction Ltd., at the tendered price of $1,943,743.00 (including HST) as calculated based upon estimated quantities, and further that the Mayor and City Clerk be authorized to execute the necessary contract documents. 5.9 RESOLVED that as recommended in the submitted report M&C 2022-346: Contract No. 2022-09: Rockland Road and Burpee Avenue — Water, Sanitary and Storm Sewer Renewal and Street Reconstruction Common Council approve the following: (A) Council approve the addition of a total of $170,000 of unallocated funding within the Canada Community Building Fund Program to be allocated between the 2023 Utility and General Fund Capital Programs to address the projected shortfall on the Rockland Road and Burpee Avenue project; and, (B) Contract No. 2022-09: Rockland Road and Burpee Avenue - Water, Sanitary and Storm Sewer Renewal and Street Reconstruction be awarded to the low tenderer, Galbraith Construction Ltd., at their tendered price of $1,789,505.80 (including HST) as calculated based upon estimated quantities, and further that the Mayor and City Clerk be authorized to execute the necessary contract documents. 5.10 RESOLVED that as recommended in the submitted report M&C 2022-348: Contract No. 2022-03: Pitt Street (St. James Street to Broad Street) and Britain Street (Pitt Street to Wentworth Street) — Water, Sanitary and Storm Sewer Renewal and Street Reconstruction Common Council approve the following: (A) Council approve reallocating $52,000.00 from the funding of the McAllister Drive Condition Assessment project to the Pitt Street (St. James Street to Broad Street) and Britain Street (Pitt Street to Wentworth Street) — Water, Sanitary and Storm Sewer Renewal and Street Reconstruction project to offset the projected Utility Fund City share budget variance as outlined in this report; (B) Council approve reallocating $47,000.00 from the funding of the Engineering Investigation and Design project to the Pitt Street (St. James Street to Broad Street) and Britain Street (Pitt Street to Wentworth Street) — Water, Sanitary and Storm Sewer Renewal and Street Reconstruction project to offset the projected General Fund City share budget variance as outlined in this report; and, 61 COMMON COUNCIL / CONSEIL COMMUNAL November 28, 2022 / le 28 novembre 2022 (C) Contract No. 2022-03: Pitt Street (St. James Street to Broad Street) and Britain Street (Pitt Street to Wentworth Street) — Water, Sanitary and Storm Sewer Renewal and Street Reconstruction be awarded to the low Tenderer, Fairville Construction Ltd., at their tendered price of $2,646,595.05 (including HST) as calculated based upon estimated quantities, and further that the Mayor and City Clerk be authorized to execute the necessary contract documents. 5.11 RESOLVED that as recommended in the submitted report M&C 2022-337: Contract #2022-11: Peters Street — Water, Sanitary and Storm Sewer Renewal and Street Reconstruction Common Council approve the following: (A) Council approve reallocating $23,000.00 from the funding of the McAllister Drive Condition Assessment project to the Peters Street - Water, Sanitary and Storm Sewer Renewal and Street Reconstruction project to offset the projected City share budget variance as outlined in this report; (B) Council approve reallocating $3,000.00 from the funding of the Main Street Redirect Flows project to the Peters Street - Water, Sanitary and Storm Sewer Renewal and Street Reconstruction project to offset the projected City share budget variance as outlined in this report, and; (C) Contract No. 2022-11: Peters Street —Water, Sanitary and Storm Sewer Renewal and Street Reconstruction be awarded to the low Tenderer, TerraEx Inc., at their tendered price of $1,659,737.50 (including HST) as calculated based upon estimated quantities, and further that the Mayor and City Clerk be authorized to execute the necessary contract documents. 5.12 RESOLVED that as recommended in the submitted report M&C 2022-341: Engineering Services: Main Street Active Transportation Improvements the proposal from EXP Services Inc., for engineering design and construction management services for the Main Street Active Transportation Improvements project in the amount of $363,907.15 including HST, be accepted and that the Mayor and City Clerk be authorized to execute the appropriate documentation in that regard. 5.13 RESOLVED that as recommended in the submitted report M&C 2022-357: Engineering Services: Broad Street (Charlotte Street to Carmarthen Street) and Sydney Street (St. James Street to Queen Square North) — Street Reconstruction the proposal from CBCL Limited for engineering services for the Broad Street (Charlotte Street to Carmarthen Street) and Sydney Street (St. James Street to Queen Square North) — Street Reconstruction project in the amount of $382,605.00 including HST be accepted and that the Mayor and City Clerk be authorized to execute the appropriate documentation in that regard. 5.14 RESOLVED that as recommended in the submitted report M&C 2022-350: Lagoon Blower Upgrade and Dissolve Oxygen (DO) Control the tender submitted by G.J. Cahill & Company (1979) Ltd, for the Lancaster Lagoon Blower Upgrade and Dissolve Oxygen (DO) Control, in the amount of $607,000 (plus HST) be accepted; and further to the base tender amount, a contingency allowance be carried out for this project in the amount of $35,000 plus HST, for a total cost of $642,000 plus HST; and further that the Mayor and City Clerk be authorized to execute the necessary contract documents. C.1 COMMON COUNCIL / CONSEIL COMMUNAL November 28, 2022 / le 28 novembre 2022 5.15 RESOLVED that as recommended in the submitted report M&C 2022-362: PWT Asphalt Recyc/er Procurement — November 2022 Common Council award the purchase of one (1) Asphalt Recycler at a total cost of $137,000 plus HST to Saunders Equipment Ltd. Moved by Deputy Mayor MacKenzie, seconded by Councillor Stewart: RESOLVED that the recommendation set out in each consent agenda item respectively be adopted. MOTION CARRIED UNANIMOUSLY. 6. Members Comments Members commented on various community events. 7. Proclamation 7.1 Saint John Enerav 1001" Anniversary — December 51" 2022 The Mayor declared December 51", 2022, the celebration of SJ Energy's 100 years of service. 8. Delegations/Presentations 9. Public Hearings - 6:30pm 10. Consideration of By-laws 10.1 2023 Business Improvement Area Levy (1st and 2nd Reading and Approval of Budget) The City Clerk advised the required public notices have been advertised in the newspaper and no written objections, which the City Clerk deemed sufficient, have been received from non-residential users within the legislated time period for submissions. Council may now approve the 2023 BIA budget and adopt the amendment to the Business Improvement Levy By -Law to set the 2023 levy rate. There is no change to the area rate of 0.16. Moved by Deputy Mayor MacKenzie, seconded by Councillor Killen: RESOLVED that as recommended by the Board of Directors of Uptown Saint John Inc., Common Council approve the submitted 2023 budget for the Business improvement Area. MOTION CARRIED. Moved by Deputy Mayor MacKenzie, seconded by Councillor Killen: RESOLVED that the by-law entitled, "A Law to Amend By -Law Number BIA-2, Business Improvement Levy By -Law" by applying a levy of 16 cents for each one hundred dollars of assessed value for 2023, be read a first time. r� COMMON COUNCIL / CONSEIL COMMUNAL November 28, 2022 / le 28 novembre 2022 MOTION CARRIED. Read a first time by title, the by-law entitled, "A Law to Amend By -Law Number BIA-2, Business Improvement Levy By -Law." Moved by Councillor Hickey, seconded by Councillor Killen: RESOLVED that the by-law entitled, "A Law to Amend By -Law Number BIA-2, Business Improvement Levy By -Law" by applying a levy of 16 cents for each one hundred dollars of assessed value for 2023, be read a second time. MOTION CARRIED. Read a second time by title, the by-law entitled, "A Law to Amend By -Law Number BIA- 2, Business Improvement Levy By -Law. 10.2 Updated Saint John Building By -Law (1 st and 2nd Reading) Moved by Councillor Sullivan, seconded by Councillor Harris: RESOLVED that the by-law entitled "By -Law Number BC-1 A By-law Respecting Construction, Repair and Demolition of Buildings and Structures in The City of Saint John," be read a first time. MOTION CARRIED. Read a first time by title, the by-law entitled "By -Law Number BC-1 A By-law Respecting Construction, Repair and Demolition of Buildings and Structures in The City of Saint John". Moved by Deputy Mayor MacKenzie, seconded by Councillor Harris: RESOLVED that the by-law entitled "By -Law Number BC-1 A By-law Respecting Construction, Repair and Demolition of Buildings and Structures in The City of Saint John," be read a second time. MOTION CARRIED. Read a second time by title, the by-law entitled "By -Law Number BC-1 A By-law Respecting Construction, Repair and Demolition of Buildings and Structures in The City of Saint John." 10.3 Zoning By -Law Amendment — 4-6 Wild Fox Drive with Section 59 Conditions (3rd Reading) Moved by Deputy Mayor MacKenzie, seconded by Councillor Sullivan: RESOLVED that the by-law entitled, "By -Law Number C.P. 111-141 A Law to Amend the Zoning By -Law of The City of Saint John" amending Schedule "A", the Zoning Map of The City of Saint John, by rezoning a parcel of land having an area of approximately 5260 square metres, located at 4-6 Wild Fox Drive, also identified as a portion of PID Number 55191381, and a portion of PID Number 55191373, from One -Unit Residential (R1), and Low -Rise Residential (RL) to Mid -Rise Residential (RM), be read. MOTION CARIED with Councillors Stewart and Radwan voting nay. E:3 COMMON COUNCIL / CONSEIL COMMUNAL November 28, 2022 / le 28 novembre 2022 The by-law entitled, "By -Law Number C.P. 111-141 A Law to Amend the Zoning By -Law of The City of Saint John" was read in entirety. Moved by Deputy Mayor MacKenzie, seconded by Councillor Sullivan: RESOLVED that: 1. Common Council, pursuant to the provisions of Section 59 of the Community Planning Act, impose the following conditions on the parcels of land having an area of approximately 5260 square metres, located at 4-6 Wild Fox Drive, also identified as portions of PID Numbers 55191381, and 55191373: (a) That the development of the site be limited to a maximum of one building containing 24 dwelling units; (b) Should any municipal infrastructure improvements be required to service this proposal; it will be the owner/developer's full responsibility and cost to complete. Prior to determining the requirement for any municipal infrastructure improvements, detailed engineering plans and a design brief must be submitted by the owner/developer's engineering consultant to the City for review and approval by the City; (c) That a pedestrian connection be provided from the building to the existing sidewalk along Wild Fox Drive and that this pedestrian connection be shown on the site plan submitted with the Building Permit application. This pedestrian connection is the cost and responsibility of the applicant to complete and will be in the form of a concrete sidewalk having a minimum width of 1.5 metres; (d) That a crosswalk be installed on the west leg of the Manawagonish Road/Wild Fox Drive intersection at the cost and responsibility of the applicant as detailed in the Traffic Impact Study completed for the development; (e) That the proposed area of coniferous berm plantings, south of the access and parking area, be constructed along the entire southern length of the site, including the area south of the western parking area utilizing two staggered rows of plantings as required by the Zoning By -Law. (f) That the Manawagonish Road and Wild Fox Drive frontages of the site be landscaped in accordance with the front yard landscaping requirements for commercial developments as required by Section 6.2 (c) of the Zoning By -Law. (g) That the parcel of land be developed and maintained in accordance with an engineering storm water drainage plan and design report, prepared by a professional engineer on behalf of the proponent and subject to the approval of the Chief City Engineer, and that such approved plan and report be attached to any development and/or building permit for the proposed development. 8 COMMON COUNCIL / CONSEIL COMMUNAL November 28, 2022 / le 28 novembre 2022 (h) The development and use of the parcel of land be in accordance with detailed building elevation and site plans, 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, and bicycle parking, loading areas, landscaping, amenity spaces, signs, exterior lighting, and other such site features; and (i) The above elevation and site plans be attached to the permit application for the development of the parcel of land. (j) That the building fagade design include an entrance onto Manawagonish Road and a pedestrian connection to the Manawagonish Road right-of-way and that the fagade design also include design elements which reflect the residential nature of the surrounding neighbourhood and built form, as shown on the renderings prepared for Third Reading, with the additional inclusion of a peaked roof over the entrance portico on the Manawagonish Road fagade. The fagade design, as shown on the drawings submitted with the building permit application, is subject to the approval of the Development Officer. 2. That should Common Council choose to impose a condition related to a development timeline for the project, Common Council, pursuant to the provisions of Section 59 of the Community Planning Act, impose the following condition on the parcels of land having an area of approximately 5260 square metres, located at 4-6 Wild Fox Drive, also identified as portions of PID Numbers 55191381, and 55191373: (k) That the development be completed within 6 years of the date the rezoning comes into effect. If it is not completed within that time, Council may take steps to repeal the rezoning pursuant to Section 59(5) and 59(6) of the Community Planning Act. MOTION CARRIED with Councillors Stewart and Radwan voting nay Moved by Deputy Mayor MacKenzie, seconded by Councillor Sullivan: RESOLVED that the by-law entitled, "By -Law Number C.P. 111-141 A Law to Amend the Zoning By -Law of The City of Saint John" amending Schedule "A", the Zoning Map of The City of Saint John, by rezoning a parcel of land having an area of approximately 5260 square metres, located at 4-6 Wild Fox Drive, also identified as a portion of PID Number 55191381, and a portion of PID Number 55191373, from One -Unit Residential (R1), and Low -Rise Residential (RL) to Mid -Rise Residential (RM), be read a third time, enacted, and the Corporate Common Seal affixed thereto. MOTION CARRIED with Councillors Stewart and Radwan voting nay. Read a third time by title "By -Law Number C.P. 111-141 A Law to Amend the Zoning By - Law of The City of Saint John." iN COMMON COUNCIL / CONSEIL COMMUNAL November 28, 2022 / le 28 novembre 2022 Moved by Councillor Lowe, seconded by Deputy Mayor MacKenzie: RESOLVED that: 1. Common Council assent to one or more subdivision plans, in one or more phases in general accordance with the site design and Tentative Plan of Subdivision for the proposed development with respect to the vesting of any Local Government Services Easements to be determined during detailed design for the proposed subdivision of the lot for the proposed multiple unit building. 2. Common Council accept money -in -lieu of Land for Public Purposes for the proposed subdivision of the lot for the proposed multiple unit building. MOTION CARRIED with Councillors Stewart and Radwan voting nay. 10.4 Zoning By -Law Amendment —Housekeeping Amendments (31d Reading) Moved by Councillor Sullivan, seconded by Deputy Mayor MacKenzie: RESOLVED that the by-law entitled "By -Law Number C.P. 111-142 A Law to Amend the Zoning By -Law of the City of Saint John" amending content for several housekeeping items, including modifying the definition of a «minor utility service building or structure)) to include public washrooms; eliminating the minimum building height requirement in the Park zone; replacing existing Barrier Free Parking provisions with new provisions; eliminating the minimum gross floor area requirement in the Regional Commercial (CR) Zone; increasing the fees for Development Permits to $250 and including specific requirements for site plans to be submitted with Development Permit applications; amending the provisions for Converted Dwellings; eliminating the minimum floor areas for dwelling units in multiple unit dwellings in certain residential zones; allowing Crisis Care Facilities as a permitted use in additional zones and amending the provisions governing the location of Crisis Care Facilities in the Urban Centre Residential (RC) zone; and amending the maximum gross floor area requirement for garden suites, be read. MOTION CARRIED The by-law entitled, "By -Law Number C.P. 111-142 A Law to Amend the Zoning By -Law of the City of Saint John" was read in summary. Moved by Deputy Mayor MacKenzie, seconded by Councillor Harris: RESOLVED that the by-law entitled "By -Law Number C.P. 111-142 A Law to Amend the Zoning By -Law of the City of Saint John" amending content for several housekeeping items, including modifying the definition of a «minor utility service building or structure» to include public washrooms; eliminating the minimum building height requirement in the Park zone; replacing existing Barrier Free Parking provisions with new provisions; eliminating the minimum gross floor area requirement in the Regional Commercial (CR) Zone; increasing the fees for Development Permits to $250 and including specific requirements for site plans to be submitted with Development Permit applications; amending the provisions for Converted Dwellings; eliminating the minimum floor areas for dwelling units in multiple unit dwellings in certain residential zones; allowing Crisis Care Facilities as a permitted use in additional zones and amending the provisions governing the location of Crisis Care Facilities in the Urban Centre Residential (RC) zone; and amending the maximum gross floor area requirement for garden suites, be read a third time, enacted, and the Corporate Common Seal affixed thereto. 10 11 COMMON COUNCIL / CONSEIL COMMUNAL November 28, 2022 / le 28 novembre 2022 MOTION CARRIED. Read a third time by title, the by-law entitled, "By -Law Number C.P. 111-142 A Law to Amend the Zoning By -Law of the City of Saint John." 10.5 Salaries to Members of the Common Council By -Law Amendment (31d Reading) Moved by Deputy Mayor MacKenzie, seconded by Councillor Hickey: RESOLVED that the by-law entitled, "By -Law Number L.G.-1 A By -Law to Provide for Salaries to the Members of the Common Council of The City of Saint John" adding Section 3.1 regarding salary adjustments, be read. MOTION CARRIED The by-law entitled, "By-law Number L.G.-1 A By-law to Provide for Salaries to the Members of the Common Council of The City of Saint John" was read in its entirety. Moved by Deputy Mayor MacKenzie, seconded by Councillor Sullivan: RESOLVED that the by-law entitled, "By -Law Number L.G.-1 A By -Law to Provide for Salaries to the Members of the Common Council of The City of Saint John" adding Section 3.1 regarding salary adjustments, 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 L.G.-1 A By-law to Provide for Salaries to the Members of the Common Council of The City of Saint John." 10.6 Traffic By -Law Amendment (31d Readin Withdrawn. 10.7 Water and Sewerage By -Law Amendment — Industrial Water Rates 2023 - Schedule E (3rd Reading) Moved by Councillor Norton, seconded by Councillor Sullivan: RESOLVED that the by-law entitled "By -Law Number M-16 A Law to Amend a By -Law respecting Water and Sewerage" be amended by repealing and replacing Schedule E and substituting 2023 rates, be read. MOTION ARRIED. The by-law entitled, "By -Law Number M-16 A Law to Amend a By -Law respecting Water and Sewerage," was read in its entirety. Moved by Councillor Sullivan, seconded by Councillor Hickey: RESOLVED that the by-law entitled "By -Law Number M-16 A Law to Amend a By -Law respecting Water and Sewerage" be amended by repealing and replacing Schedule E and substituting 2023 rates, be read a third time, enacted, and the Corporate Common Seal affixed thereto. 11 12 COMMON COUNCIL / CONSEIL COMMUNAL November 28, 2022 / le 28 novembre 2022 MOTION ARRIED. Read a third time by title, the by-law entitled, "By -Law Number M-16 A Law to Amend a By -Law respecting Water and Sewerage." 11. Submissions by Council Members 11.1 Confirming Budget Process (Councillor Sullivan) Moved by Councillor Sullivan, seconded by Councillor Stewart: RESOLVED that the Common Council of the City of Saint John continue to use the current budget process. MOTION CARRIED with Councillors Harris, Radwan, Hickey, and Killen voting nay. 11.2 Budaet Deliberations (Councillor Radwan Councillor Radwan revised her submitted motion. The City Clerk advised the motion requires a 2/3 majority vote (8 members) to be carried. Moved by Councillor Radwan, seconded by Councillor Hickey: RESOLVED that the Procedural By -Law rules be suspended to allow Council members to speak up to three times for three minutes for budget discussions. MOTION DEFEATED not having achieved a 2/3 majority vote, with 6 members voting yes including Councillors Harris, Radwan, Hickey, Ogden and Killen; and 4 members voting nay including Deputy Mayor MacKenzie and Councillors Lowe, Sullivan, and Stewart. Moved by Councillor Norton, seconded by Councillor Lowe: RESOLVED that the item 12.2 Leasing the former Hilton Belyea Arena — Out of the Cold Shelter and 13.2 Growth Committee Saint John Succeed and Stay Immigration Strategy be moved forward on the agenda. MOTION CARRIED 12. Business Matters — Municipal Officers 12.1 Work Plan 2022 Update Moved by Councillor Sullivan, seconded by Councillor Lowe: RESOLVED that the submitted Work Plan 2022 Update based on Common Council Priorities, be received for information. MOTION CARRIED. 12.2 Leasing the former Hilton Belvea Arena — Out of the Cold Shelter Moved by Councillor Norton, seconded by Councillor Sullivan: 12 13 COMMON COUNCIL / CONSEIL COMMUNAL November 28, 2022 / le 28 novembre 2022 RESOLVED that as recommended in the submitted report M&C 2022-369: Leasing the former Hilton Belyea Arena — Out of the Cold Shelter, the City enter into a Lease generally in the form as attached to M&C 2022-369, with The Governing Council of The Salvation Army in Canada of the former Hilton Belyea arena for the purpose of operating an emergency `Out of the Cold Shelter' from December 1, 2022 until April 15, 2023, and that the Mayor and City Clerk be authorized to execute the said Lease and any other documents ancillary thereto. MOTION CARRIED. 12.3 Winter Management Overview Moved by Councillor Sullivan, seconded by Councillor Lowe: RESOLVED that item 12.3 Winter Management Overview be tabled to the next meeting. MOTION CARRIED. Moved by Councillor Lowe, seconded by Councillor Hickey: RESOLVED that the Procedural By -Law be suspended to allow the meeting to proceed beyond 10:00 p.m. MOTION CARRIED. 13. Committee Reports 13.1 Finance Committee: 2023 General Fund Operating Budget Moved by Councillor Sullivan, seconded by Councillor Stewart: RESOLVED that as recommended in the submitted report M&C 2022-359: 2023 General Fund Operating Budget, Common Council reflect upon the proposed 2023 General Fund Operating Budget, make all inquiries to staff and receive and file this report and presentation. MOTION CARRIED with Councillor Radwan voting nay. 13.2 Growth Committee: Saint John Succeed and Stav Immiaration Strateav Moved by Councillor Killen, seconded by Councillor Harris: RESOLVED that: 1. Common Council adopt the Saint John Succeed and Stay Immigration Strategy as our community's strategy to attract, support and retain immigrants for the next 10 years. 2. The City Manager be directed to create a plan to appropriately resource the City's obligations to the Immigration Strategy as part of the City's annual budgeting exercise. 3. The City Manager be directed to bring to Council a negotiated funding agreement to support the delivery of the Immigration Strategy over the next three years with partners such as the Federal and Provincial Government, as well as Envision Saint 13 14 COMMON COUNCIL / CONSEIL COMMUNAL November 28, 2022 / le 28 novembre 2022 John, and that up to $135,000 be allocated from the Growth Reserve as the City's contribution to the immigration strategy. 4. The City Manager be directed to prepare a public roll out of the Immigration Strategy and the results of the City led Succeed and Stay study immediately following Council approval of the immigration strategy. MOTION CARRIED. The Mayor called a 5-minute recess at 9:21 p.m. The meeting reconvened at 9:26 p.m. 14. Consideration of Issues Separate from Consent Agenda 15. General Correspondence 15.1 Kiwanis Christmas Breakfast Moved by Councillor Lowe, seconded by Councillor Hickey: RESOLVED that the request re Kiwanis Christmas Breakfast - Ticket Purchase Request be referred to the City Clerk to purchase tickets for interested Council members. MOTION CARRIED. Moved by Deputy Mayor MacKenzie, seconded by Councillor Harris: RESOLVED that items 15.2 Saint John Community Arts Board: 2022 Saint John Community Arts Funding Program — Winter; 15.3 S. Dearing: Canada Homes for Rent; 15.4 R. Pedersen: Housing for the Homeless; and 15.5 Envision Saint John: Request to Present, be tabled to the next meeting of Common Council. MOTION CARRIED. 16. Supplemental Agenda 17. Committee of the Whole 17.1 Municipal Reform Moved by Deputy Mayor MacKenzie, seconded by Councillor Hickey: RESOLVED that as recommended by the Committee of the Whole having met on November 281", 2022, Common Council adopts the following: WHEREAS the Minister of Local Government has directed that Saint John must continue to honour the financial commitments made over two years ago to Envision Saint John: The Regional Growth Agency. WHEREAS this funding to the Agency is to be $1.9 million annually and the entirety of the revenue from the Accommodation Levy of the City of Saint John, less a 5% fee for administration. 14 15 COMMON COUNCIL / CONSEIL COMMUNAL November 28, 2022 / le 28 novembre 2022 WHEREAS the Minister of Local Government has further directed that this financial commitment is to remain in place for the next three years to satisfy the terms of the initial agreement. WHEREAS this does not align with the intent of the white paper on municipal reform that now requires proportional cost sharing for regional services; something that did not exist when the original agreement was put in place. WHEREAS this results in Saint John committing 77% of the total core municipal funding to the Agency when proportional cost sharing would see the City's share at 55-58%. WHEREAS this will result in Saint John committing 90-100% of the total accommodation levy funding to the Agency, when proportional cost sharing would see the City's share at 55-58%. WHEREAS Common Council has questioned the fairness of the ministerial direction provided, has also offered potential compromise options, and has been informed that the Minister's decisions are final. AND WHEREAS Common Council recognizes that the Minister's direction only applies to the end of 2025. BE IT RESOLVED that Common Council affirms that the renewal of any contractual arrangements with Envision Saint John: The Regional Growth Agency, or any other regional economic development or regional tourism initiatives beyond the end of 2025 shall include proportional regional cost sharing as a precondition for consideration of support by Common Council, in accordance with the intent of the white paper on municipal reform. MOTION CARRIED. 17.2 Encroachment Agreement with Mike Cavanagh Homes Inc. Moved by Councillor Sullivan, seconded by Councillor Lowe: RESOLVED that as recommended by the Committee of the Whole having met on November 28t", 2022 the City enter into an Encroachment Agreement in the form as presented to Committee of the Whole at its meeting held November 28, 2022, with Mike Cavanagh Homes Inc. for the purpose of permitting the use of seven balconies attached to and forming part of the western fagade of an existing building and that the Mayor and Clerk be authorized to execute the said Encroachment Agreement and any documents ancillary thereto. MOTION CARRIED. 17.3 Election of a Director for 710490 NB Inc. 15 COMMON COUNCIL / CONSEIL COMMUNAL November 28, 2022 / le 28 novembre 2022 Moved by Councillor Sullivan, seconded by Councillor Hickey: RESOLVED that as recommended by the Committee of the Whole having met on November 28t", 2022, the City, as the single shareholder of 710490 NB Inc., appoint Melanie Tompkins, General Counsel, as Director of 710490 NB Inc. and that the Mayor and Clerk be authorized to execute the resolution of shareholder generally in the form as presented to Committee of the Whole at its November 28, 2022, meeting. MOPTION CARRIED. 17.4 Settlement of Claim Moved by Councillor Norton, seconded by Councillor Sullivan: RESOLVED that as recommended by the Committee of the Whole having met on November 28, 2022, the City of Saint John authorize settlement of a claim as outlined and discussed at the Committee of the Whole meeting held on November 28, 2022, in the amount of $97,500.00 subject to the Plaintiff's execution of a Full and Final release. MOTION CARRIED. 17.5 Land Assembly for Provincial Agreement Moved by Councillor Lowe, seconded by Councillor Sullivan: RESOLVED that as recommended by the Committee of the Whole having met on November 281", 2022: 1. That the City enter into an Agreement of Purchase and Sale with the Province of New Brunswick in the form presented to Committee of the Whole at its November 28, 2022, meeting, for the sale of two parcels of City owned land and that the Mayor and Clerk be authorized to execute the said Agreement of Purchase and Sale and any other documents necessary to effect the transaction; 2. That the City authorize its numbered company to enter into an Agreement of Purchase and Sale with the Province of New Brunswick in the form as presented to Committee of the Whole at its meeting held November 28, 2022, for the sale of a parcel of land owned by the said numbered company, and that the Director of the said numbered company be authorized to execute the said Agreement of Purchase and Sale and any other document necessary to effect the transaction; 3. That the City, and its above noted numbered company if needed, enter into Financial Contribution Agreements in the form presented to Committee of the Whole at its meeting held November 28, 2022, and that the Mayor and Clerk and the Director of the numbered company be authorized to execute the said Financial Contribution Agreements and any other documents ancillary thereto; and 4. That the City use the funds from the sale of its properties and the property owned by its above -noted numbered company, to meet its financial obligations under the Financial Contribution Agreements noted above. MOTION CARRIED. 18. Adjournment 16 17 COMMON COUNCIL / CONSEIL COMMUNAL November 28, 2022 / le 28 novembre 2022 Moved by Councillor Lowe, seconded by Councillor Harris: RESOLVED that the meeting of Common Council held on November 28, 2022, be adjourned. MOTION CARRIED. The Mayor acknowledged that tonight is City Manager John Collin's last Common Council meeting and thanked Mr. Collin for his leadership throughout his term handling the restructuring, cyberattack and COVID-19 pandemic. The Mayor declared the meeting adjourned at 11:05 p.m. 17 iF:3 COMMON COUNCIL REPORT M&C No. 2022-380 Report Date December 06, 2022 Meeting Date December 12, 2022 Service Area Public Works and Transportation Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT: Retail Drive and Ashburn Lake Road Alignment — Integrated Bilateral Funding Agreement and Engineering Services Engagement AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Tim O'Reilly Michael Hugenholtz I John Collin RECOMMENDATIONS Your City Manager recommends to Common Council: 1. That the City enter into the Integrated Bilateral Agreement Contribution Agreement in the form attached to M&C 2022-380 with the Province of New Brunswick for funding the Retail Drive Refurbishment and that the Mayor and City Clerk be authorized to sign the Integrated Bilateral Agreement Contribution Agreement and any other documents ancillary thereto, 2. Notwithstanding the City's Procurement Policy for Engagement of Professional Services, that staff be authorized to conduct direct negotiations with EXP to carry out engineering services for the Retail Drive Refurbishment project. EXECUTIVE SUMMARY The current offsetting intersections of Retail Drive and Ashburn Lake Road with Rothesay Avenue has served its purpose, to begin to spur taxbase growth particularly for retail development in the area. Aligning these two roads so they meet at a single intersection will improve access and safety for all modes of transportation by eliminating two immediately adjacent sets of traffic signals, mitigate environmental impacts, and support further taxbase growth. Partnering with the Governments of Canada and New Brunswick on this project was important; both to share investment in an approximate $8.4 Million project and to promote shared environmental, safety, and growth values. This report recommends endorsement of an Integrated Bilateral Agreement to assure funding from all three levels of government. 11111061 -2- PREVIOUS RESOLUTION N/A REPORT Aligning Retail Drive and Ashburn Lake Road where they meet Rothesay Avenue will create several benefits: • Eliminates one of two immediately adjacent sets of traffic signals, • Improves safety for all modes of transportation eliminating conflict points and a design that most road users are not accustomed to facing, • Improves safety at an adjacent rail crossing with installation of gates and rail pre-emption at the adjacent single set of traffic signals, • Improves access and safety specifically for pedestrians of all abilities including the installation of signalized crosswalks on all four corners with count -down timers, Accessible Pedestrian System, and Tactile Warning Surface Indicators, • Improves capacity to handle increased traffic flow as taxbase growth (development) continues, • Reduces the amount of idling of vehicles that will occur, • Improves a more direct access to Highway 1, and • Increases localized sanitary and storm water infrastructure capacities to handle current and future flows. Design work on a Capital project is well underway with more efforts and processes expected over the next three years with construction work planned for the years of 2024 and 2025. EXP has completed the most recent design work on is project. City staff are therefore recommending support to negotiate with EXP toward direct engagement to continue engineering consulting services now that the funding partners are in place. STRATEGIC ALIGNMENT Alignment of Retail Drive and Ashburn Lake Road with Rothesay Avenue is expected to support tax base growth, improve movement of all modes of transportation, improve public safety, with realized Capital and Operating cost savings demonstrates alignment with all four Common Council's priorities. The alignment of this intersection is also identified as one of the recommended actions in Move SJ, the City's Transportation Plan. K91 -3- SERVICEAND FINANCIAL OUTCOMES The alignment of Retail Drive and Ashburn Lake Road is expected to cost a total of approximately $8.4 Million, with $2.8 Million from the Government of Canada, $2.3 Million from the Province of New Brunswick, and $3.4 Million from the City of Saint John. Funding for the components of the project expected to be completed in 2023 and 2024 have already been approved by Common Council in the General Fund Capital Programs in these two years. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The General Counsel's Office (GCO) has reviewed the attached agreement and the related recommendation contained in this report. Several other City departments, in addition to GCO, has contributed to this project including: • Utilities & Infrastructure • Growth & Community Services • Finance ATTACHMENT Integrated Bilateral Agreement 21 a1eW..,. , sgo<�eau C A N A D A December 2, 2022 Her Worship Donna Noade Reardon Mayor of Saint John P.O. Box 1971 15 MarketSquare Saint John, New Brunswick E21- 41-1 SUBJECT: Intergrated Bilateral Agreement — Green Infrastructure Project No.: 14085 Project Name: The City of Saint John — Retail Drive Refurbishment Dear Mayor Reardon: I am pleased to inform you that under the Canada — New Brunswick Integrated Bilateral Agreement for the Investing in Canada Infrastructure Program, your project entitled "The City of Saint John — Retail Drive Refurbishment' has been approved. Funds allocated to the project are from Infrastructure Canada (INFC) and the Regional Development Corporation (RDC). You will receive a financial contribution of 73.33% ($5,189,848) of the eligible expenditures for this project, 40.00% ($2,830,955) from INFC and 33.33% ($2,358,893) from RDC. The maximum eligible expenditure, including your 26.67% ($1,887,540) portion, is $7,077,388. The funds allocated to your project are subject to terms and conditions outlined in the agreement and schedules of the enclosed Integrated Bilateral Agreement Contribution Agreement. Any claim for reimbursement of the contribution must be supported by copies of invoices and proof of payment of those invoices. All payments will be done by electronic funds transfer. Please complete the attached direct deposit service form. Please be advised that as per the agreement, all communication activities related to the aforementioned project are to be undertaken jointly with the Federal and Provincial Governments. I would appreciate if you could confirm your acceptance of the conditions by signing the enclosed agreement and returning it and the direct deposit service form to RDC at IBA- EBI(a-)-anb.ca. Please feel free to contact Francis Rioux, Senior Project Executive, at 476-0793 or francis.rioux(&-gnb.ca if you have any questions or concerns. Regional Development Corporation/Societe de developpement r6gional P.O. Box/C.P. 6000 Fredericton New Brunswick/Nouveau-Brunswick E3B 5H1 Canada www.gnb.ca (�� LL I look forward to the successful completion of this project. Sincerely, Cade Libby President Enclosure: Integrated Bilateral Agreement Contribution Agreement Direct Deposit Service Form Cc: Hon. Trevor Holder, MLA Portland -Simonds Francis Rioux, Regional Development Corporation Regional Development Corporation/Societe de developpement regional P.O. Box/C.P. 6000 Fredericton New Brunswick/Nouveau-Brunswick E3B 5H1 Canada W Canada New Nouveau Brunswick INTEGRATED BILATERAL AGREEMENT CONTRIBUTION AGREEMENT This Agreement is made as of the date of last signature. BETWEEN: HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF NEW BRUNSWICK, as represented by the Minister of Regional Development Corporation ("New Brunswick") AND: THE CITY OF SAINT JOHN in the Province of New Brunswick ("Recipient") Individually referred to as a "Party" and collectively referred to as the "Parties". WHEREAS CANADA AND NEW BRUNSWICK entered into a funding agreement, the Canada — New Brunswick Integrated Bilateral Agreement for the Investing in Canada Infrastructure Program, effective March 18, 2018, to establish the terms- and conditions whereby Canada will provide funding to New Brunswick for Projects; AND WHEREAS Canada agrees to deliver up to a maximum of $678,883,452 to New Brunswick in five key areas: public transit; green infrastructure; community, culture and recreation infrastructure; covid 19 resiliency and rural and northern communities infrastructure; AND WHEREAS New Brunswick agrees to enter into Agreements with Recipients for funding, namely the present Integrated Bilateral Agreement Contribution Agreement (Agreement); AND WHEREAS this Agreement is made- pursuant to the Canada - New Brunswick Integrated Bilateral Agreement for the Investing in Canada Infrastructure Program and therefore all relevant provisions of that Funding Agreement shall apply; NOW THEREFORE, in accordance with the mutual covenants and agreements herein, the Parties agree as follows: 1. PURPOSE The purpose of this Agreement is to establish the terms and conditions whereby New Brunswick will provide funding to the Recipient for the Project described in Schedule A. Page 1 of 34 0zl 2. ANNEXES AND SCHEDULES The following schedules are attached to, and form part of this Agreement: Schedule A — Project Description Schedule B — Eligible and Ineligible Expenditures Schedule C —Communications Protocol Schedule D — Detailed Claim Form Schedule E — Progress Report Form Schedule F —Completion Documents - F.1 Declaration of Substantial Completion - F.2 Project Completion Form 3. INTERPRETATION 3.1 DEFINITIONS In addition to the terms and conditions defined in the recitals and elsewhere in this Agreement, a capitalized term has the meaning given to it in this section. "Agreement" means this Integrated Bilateral Agreement Contribution Agreement and all schedules, as may be amended from time to time. "Agreement End Date" means the date at which the final payment is made to the Recipient which will, in any case, be no later than March 31, 2027. "Asset" means any real or personal property or immovable or movable asset, acquired, purchased, constructed, rehabilitated or improved, in whole or in part, with contribution funding provided by New Brunswick under the terms and conditions of this Agreement. "Asset Disposal Period" means the period ending five (5) years after a Project is Substantially Completed. "Canada" means the Government of Canada, as represented by the President of the Queen's Privy Council for Canada, Minister of Infrastructure, Communities and Intergovernmental Affairs. "Communications Activity" or "Communications Activities" means, but is not limited to, public or media events or ceremonies including key milestone events, news releases, reports, web and social media products or postings, blogs, news conferences. Public notices, physical and digital signs, publications, success stories and vignettes, photos, videos, multi -media content, advertising campaigns, awareness campaigns, editorials, multi -media products and all related communication materials under this Agreement. "Contract" means an agreement between the Recipient and a Third Party whereby the latter agrees to supply a product or service to a Project in return for financial consideration. Page 2 of 34 OR "Effective Date" means the date of last signature of this Agreement. "Eligible Expenditures" means those costs incurred and paid that are eligible for reimbursement by New Brunswick, with funds from New Brunswick and Canada, as set out in Schedule B that have been approved as part of a Project approval. "Fiscal Year" means the period beginning April 1st of a calendar year and ending on March 311 of the following calendar year. "IBA Funding Agreement" means the Integrated Bilateral Agreement for the Investing in Canada Infrastructure Program, which sets out the roles and responsibilities of Canada and New Brunswick for the delivery of the program, including attached Schedules. "Incurred" means an event or transaction has taken place for which an obligation to pay exists, even if an invoice has not been received, such that the underlying evidence indicates there is little or no discretion to avoid the obligation. The value of the obligation is to be calculated in accordance with recognized Canadian accounting standards. "Joint Communications" means events, news releases, and signage that relate to this Agreement and are collaboratively developed and approved by Canada, New Brunswick and, where applicable, the Ultimate Recipient, and are not operational in nature. "Oversight Committee" means the committee established under the IBA Funding Agreement consisting of representatives from Canada and New Brunswick. "Person" means, without limitation, a person, New Brunswick, an Ultimate Recipient, a Third Party, a corporation, or any other legal entity, and their officers, servants, employees or agents. "Project" or "Projects" means the project approved by New Brunswick and Canada under the IBA Funding Agreement as described in Schedule A. "Substantial Completion" or "Substantially Completed" means, when referring to a Project, that the Project can be used for the purpose for which it was intended. 3.2 ENTIRE AGREEMENT This Agreement comprises the entire agreement between the Parties. No prior document, negotiation, provision, undertaking or agreement in relation to the subject of the Agreement has legal effect, unless incorporated by reference into this Agreement. No representation or warranty express, implied or otherwise, is made by New Brunswick to the Recipient except as expressly set out in this Agreement. 3.3 DURATION OF AGREEMENT This Agreement will be effective as of the Effective Date and will terminate on the Agreement End Date. Page 3 of 34 41-1 4. OBLIGATIONS OF THE PARTIES 4.2. COMMITMENTS BY NEW BRUNSWICK a) New Brunswick agrees to provide funding from Canada and New Brunswick to the Recipient in accordance with Schedule A. b) Subject to paragraph 4.2 c) the Parties agree that New Brunswick's role is limited to providing funding to Projects and that New Brunswick and Canada will have no involvement in the implementation of any Project or its operation. New Brunswick and Canada are neither a decision -maker nor an administrator of the Project. 4.2 COMMITMENTS BY THE RECIPIENT a) The Recipient agrees to complete the Project, claim only for Eligible Expenditures in a diligent and timely manner, and is responsible for any unapproved expenditures and cost overruns. b) The Recipient will be responsible for the costs of producing and installing federal and provincial program signs. Signage costs are an Eligible Expenditure. c) If the Project is not completed or is cancelled, the Recipient agrees to return any previous payments to New Brunswick within thirty (30) days of written notification to that effect. d) The Recipient shall allow any authorized representative of New Brunswick or Canada reasonable access to the project site to assess the Project's progress, to review all records and accounts maintained and to carry out the evaluation process required for the implementation of the IBA Funding Agreement. The Recipient shall provide all records and accounts as requested by New Brunswick. e) The Recipient agrees to bear all operating expenditures of the Project. f) If the Project total estimated Eligible Expenditures exceeds twenty-five million dollars ($25,000,000), the Recipient will report on community employment benefits provided to at least three (3) target groups (apprentices, Indigenous peoples, women, persons with disabilities, veterans, youth, new Canadians, or small -medium-sized enterprises and social enterprises). Page 4 of 34 WA 4.3 APPROPRIATIONS Notwithstanding New Brunswick's obligation to make any payment under this Agreement, this obligation does not arise if, at the time when a payment under this Agreement becomes due, the Legislature of New Brunswick or the Parliament of Canada has not passed an appropriation that is sufficient and constitutes lawful authority for making the payment. New Brunswick and Canada may reduce or terminate any payment under this Agreement in response to the reduction of appropriations or departmental funding levels in respect of transfer payments, the program under which this Agreement was made or otherwise, as evidenced by any appropriation act of the provincial or federal Crown's main or supplementary estimates expenditures. New Brunswick and Canada will not be liable for any direct, indirect, consequential, exemplary or punitive damages, regardless of the form of action, whether in contract, tort or otherwise, arising from any such reduction or termination of funding. 5. FISCAL YEAR BUDGETING a) The amount of contribution funding payable by New Brunswick and Canada each Fiscal Year is set out in Schedule A. b) If the actual amount payable by New Brunswick and Canada in respect of any Fiscal Year is less than the estimated maximum amounts in Schedule A, the Recipient may request that New Brunswick and Canada re -allocate the difference between the two amounts to a subsequent Fiscal Year. Subject to Section 4 (Appropriations), New Brunswick and Canada agrees to make reasonable efforts to accommodate the Recipient's request. The Recipient acknowledges that requests for re -allocation of New Brunswick and Canada's contribution funding to a Project will require appropriation adjustments or provincial and federal Crown approvals. c) In the event that any requested re -allocation of New Brunswick and Canada's contribution funding to a Project is not approved, the amount of New Brunswick and Canada's contribution payable in accordance with Schedule A may be reduced by the amount of the requested re -allocation., If the contribution payable by New Brunswick and Canada in accordance with Schedule A is so reduced, the Parties agree to review the effects of such reduction on the overall implementation of the Project and to adjust the terms and conditions of this Agreement as appropriate. 6. PROJECT IMPLEMENTATION 6.1 The Recipient shall not change the Project scope, timing or location without the prior written approval of New Brunswick. The Recipient will promptly inform New Brunswick should the project be cancelled. Page 5 of 34 K-11 6.2 For the duration of the Project, the Recipient will provide New Brunswick with progress report forms as set out in Schedule E, updated every year on May 15 and November 15. 6.3 The Recipient will be responsible for arranging the engineering design, calling of public tenders, and awarding of the contract to the successful bidder, and overall management of the contract. The Recipient will award and manage all contracts in accordance with their relevant policies and procedures and, if applicable, in accordance with the Agreement on Internal Trade and applicable international and interprovincial trade agreements, and all other applicable laws, including the ProcurementAct, SNB 2012, c.20. If New Brunswick determines that a Contract is awarded in a manner that is not in compliance with the foregoing, upon notification to the Recipient, New Brunswick may consider the expenditures associated with the Contract to be ineligible. 6.4 The Recipient agrees to ensure that the Project work shall be carried out in accordance with all federal, provincial, or municipal (local government) rules, regulations and laws governing such work and in accordance with the best general practices then current at the time of construction of the project. In addition, the Project must also: - Meet or exceed any applicable energy efficiency standards for buildings outlined in the Pan -Canadian Framework on Clean Growth and Climate Change. Meet or exceed the requirement of the highest published accessibility standard in a jurisdiction, in addition to applicable provincial building codes and relevant municipal by-laws. 6.5 The Recipient consents to the participation of New Brunswick or its representative at all public tender openings if requested by New Brunswick. 6.6 New Brunswick reserves the right to request additional information for review and approval purposes, including assessment of risks, or to make a determination as per Sections 8 (Environmental Assessment and Licensing) and 9 (Aboriginal Consultation). 6.7 Repair, restoration or replacement of property that was required to be removed, altered, damaged or destroyed in the course of carrying out the Project will be performed to bring the property to its pre-existing condition, meaning the same condition that the property was in at the time of the removal, alteration, damage, or destruction. Except as may be required by law, the work and materials required to bring the property to its pre-existing condition shall not exceed the quality or quantity as originally existed. Eligible Expenditures will not include any expenditures for enhancements or improvements. 7. ASSETS 7.1 DISPOSAL OF ASSETS a) Unless otherwise agreed to by New Brunswick, the Recipient agrees to retain title and ownership of an Asset for the Asset Disposal Period. Page 6 of 34 We%7 b) If at any time within the Asset Disposal Period, the Recipient sells, leases, or otherwise disposes of, directly or indirectly, any Asset purchased, acquired, constructed, rehabilitated or renovated, in whole or in part, under this Agreement, other than to Canada, New Brunswick, a Local Government, or with New Brunswick's written consent, the Recipient may be required to reimburse New Brunswick any funds received from New Brunswick and Canada for the Project and will notify New Brunswick in writing within ninety (90) business days of the transaction. 7.2 REVENUE FROM ASSETS The Recipient acknowledges that New Brunswick and Canada's contributions to a Project is meant to accrue to the public benefit. The Recipient will notify New Brunswick in writing within ninety (90) business days of the end of a Fiscal Year if any Asset owned by a for -profit Recipient is used in such a way that, in the Fiscal Year, revenues are generated from it that exceed its operating expenses. New Brunswick and Canada may require the Recipient to immediately pay to New Brunswick and Canada a portion of the excess in the same portion as the total cost of the Asset. This obligation will only apply during the Asset Disposal Period. 7.3 REPAYABLE CONTRIBUTIONS Any funding provided to a Recipient that is a private sector body intended to allow the business to generate profits or to increase the value of the business, will be repayable to New Brunswick and Canada. 8. ENVIRONMENTAL ASSESSMENT AND LICENSING 8.1 The Project may be subject to, among others, New Brunswick Regulation 87-83 Environmental Impact Assessment Regulation — Clean Environment Act. That Regulation contains a list of undertakings found in Schedule A of the Regulation, which are required to be registered and screened to determine whether a full Environmental Impact Assessment is warranted. If the project requires registration, a determination on the project must be obtained from the Minister of Environment and Local Government prior to any site work on the Project beginning. 8.2 The Project may also be subject to, among others, Canadian Environmental Assessment Act (2012). This Act contains a list of physical activities found in Regulations Designating Physical Activities of the Act, which are required to be a designated project for an environmental assessment. If the Project 'is a designated project under the Canadian Environmental Assessment Act (2012), a decision statement must be obtained prior to any site work on the Project beginning. Page 7 of 34 091 8.3 If the Project requires registration under New Brunswick Regulation 87-83 Environmental Impact Assessment Regulation — Clean Environment Act and/or is deemed to be a designated project under the Canadian Environmental Assessment Act (2012), no site preparation, vegetation removal or construction will occur for a Project and no funds will be advanced to a recipient for expenditures related to construction work until New Brunswick and Canada are satisfied that all requirements under this act, other applicable federal environmental assessment legislation that is or may come into force during the term of this Agreement, and other applicable agreements between Canada and Aboriginal groups are met and continue to be met. 8.4 The Recipient will obtain all necessary licenses, permits, and approvals required for the Project by applicable legislation, regulations and by-laws be they Federal, Provincial or Municipal. 9. ABORIGINAL CONSULTATION 9.1 Funding for the Project is conditional upon New Brunswick and Canada being satisfied that obligations with respect to the legal duty to consult, and if applicable, requirement to accommodate Aboriginal groups are met. 9.2 No site preparation, vegetation removal or construction will occur for a Project and New Brunswick and Canada has no obligation to pay any Eligible Expenditures that are capital costs, as determined by New Brunswick and Canada, until New Brunswick and Canada are satisfied that any legal duty to consult, and where appropriate, to accommodate Aboriginal groups or other federal consultation requirement has been met and continues to be met. If required, New Brunswick and Canada must be satisfied that for each Project: a) Aboriginal groups have been notified and, if applicable, consulted; b) If applicable, a summary of consultation or engagement activities has been provided, including a list of Aboriginal groups consulted, concerns raised, and how each of the concerns have been addressed, or if not addressed, an explanation as to why not; c) Accommodation measures, where appropriate, are being carried out by the Recipient and these costs may be considered Eligible Expenditures; and d) Any other information has been provided that New Brunswick and Canada may deem appropriate. 9.3 The Recipient will comply with all obligations (i) under Applicable Law; (ii) as required by regulatory bodies having jurisdiction overthe subject matter of the project; and (iii) under common law, to engage in Aboriginal consultation and consider Aboriginal interests. Page 8 of 34 31 10. CLAIMS AND PAYMENT 10.1 Each claim for reimbursement of Eligible Expenditures shall be submitted on forms herein provided in Schedule D. Claims will include copies of invoices along with all supporting documents, proof of payment of each invoice submitted for reimbursement, and such other documents as may be requested by New Brunswick. 10.2 When any other federal or provincial assistance is given or is to be given in respect of the Project which was not taken into consideration in the original application, the contribution hereunder may be reduced by a corresponding amount. 10.3 New Brunswick reserves the right to withhold any or all reimbursements of Eligible Expenditures until completion documents provided in Schedule F are completed and returned to New Brunswick by the Recipient. 10.4 New Brunswick will not pay interest for failing to make a payment under this Agreement. 10.5 New Brunswick will not pay capital costs for a Project until the requirements under Section 8 (Environmental Assessment and Licensing) and Section 9 (Aboriginal Consultation), if applicable, are, in New Brunswick's opinion, satisfied to the extent possible at the date the claim is submitted to New Brunswick. 10.6 No claim for reimbursement shall be paid by New Brunswick unless it is received on or before January 311 of the year following the Fiscal Year in which the Eligible Expenditure is incurred and in all circumstances, no later than March 31, 2027. 11. REPORTING The Recipient will provide to New Brunswick at minimum on a semi-annual basis a Project progress report in a format acceptable to New Brunswick and in accordance with Schedule E (Progress Report Form); and will submit, in a format acceptable to New Brunswick, a final project report in accordance with Schedule F (Completion Documents). 12. RETENTION OF CONTRIBUTION New Brunswick will retain a minimum of five percent (5%) of the federal contribution funding for this Project under this Agreement. The amount retained by New Brunswick will be released by New Brunswick when: a) The Recipient fulfils all of its obligations for the Project under this Agreement; b) The Recipient submits an attestation, from a delegated official and in a format acceptable to New Brunswick, that the Project has been Substantially Completed and contribution funding under this Agreement has been spent on Eligible Expenditures; Page 9 of 34 W and c) The Parties jointly carry out a final reconciliation of all claims and payments in respect of this Agreement and make any required adjustments. 13. AUDITS The Recipient agrees to allow New Brunswick reasonable and timely access to all its documentation, records and accounts and those of their respective agents or third Parties related to the Project, and all other relevant information and documentation requested by New Brunswick, or their designated representatives, for the purposes of audit, evaluation, and ensuring compliance with this Agreement. 14. RECORD KEEPING The Recipient will keep proper and accurate financial accounts and records, including but not limited to its contracts, invoices, statements, receipts, and vouchers in respect of the Project, for at least seven (7) years after the IBA Funding Agreement End Date and will provide New Brunswick and their designated representatives with reasonable and timely access to documentation for the purposes of audit, evaluation, and ensuring compliance with this Agreement. 15. DISPUTE RESOLUTION a) The Parties will keep each other informed of any issue that could be contentious. b) If a contentious issue arises, the Oversight Committee will examine it and will, in good faith, attempt to resolve the contentious issue as soon as possible, and, in any event, within thirty (30) business days from the receipt of notice of such contentious issue. Where the Oversight Committee cannot agree on a resolution, the matter will be referred to the Parties for resolution. The Parties will provide a decision within ninety (90) business days from the date of referral to the Parties. c) Where the Parties cannot agree on a resolution, the Parties may explore any alternative dispute resolution mechanisms available to them to resolve the contentious issue. d) Any payments related to any contentious issue raised by either Party may be suspended by New Brunswick together with the obligations related to such issue, pending resolution. e) The Parties agree that nothing in this section will affect, alter or modify the rights of New Brunswick to terminate this Agreement. Page 10 of 34 091 16. DEFAULT 16.1 EVENTS OF DEFAULT The following event constitutes the "Event of Default" under this Agreement: a) The Recipient has not complied with one ore more of the terms and conditions of this Agreement. 16.2 DECLARATION OF DEFAULT New Brunswick may declare default if: a) The Event of Default occurs; b) New Brunswick gives notice to the Recipient of the event, which in New Brunswick's opinion constitutes an Event of Default; and c) The Recipient has failed, within thirty (30) business days of receipt of the notice, either to remedy the Event of Default or to notify and demonstrate to the satisfaction of New Brunswick that it has taken such steps as are necessary to remedy the Event of Default. 16.3 REMEDIES ON DEFAULT In the event that New Brunswick declares default, New Brunswick may exercise one or more of the following remedies, without limiting any remedy available to it by law: a) Suspend or terminate any obligation by New Brunswick to contribute or to continue to contribute funding to the Project, including any obligation to pay an amount owing prior to the date of such suspension or termination; b) Require the Recipient to reimburse New Brunswick all or part of the contribution paid by New Brunswick to the Recipient; or c) Terminate this Agreement. 17. LIMITATION OF LIABILITY In no event will New Brunswick or Canada, its officers, servants, employees or agents be held liable for any damages in contract, tort (including negligence) or otherwise, for: a) any injury to any Person, including, but not limited to, death, economic loss or infringement of rights; Page 11 of 34 b) any damage to or loss or destruction of property of any Person; or c) any obligation of any Person, including, but not limited to, any obligation arising from a loan, capital lease or other long-term obligation in relation to this Agreement or the Project. 18. INDEMNIFICATION The Recipient will at all times indemnify and save harmless New Brunswick and Canada, its officers, servants, employees, or agents, from and against all actions, claims, demands, losses, costs, damages, suits or other proceedings, whether in contract, tort (including negligence) or otherwise, by whomsoever brought or prosecuted in any manner based upon or occasioned by: a) any injury to any Person, including, but not limited to, death, economic loss or any infringement of rights; b) any damage to or loss or destruction of property of any Person; or c) any obligation of any Person, including, but not limited to, any obligation arising from a loan, capital lease or other long-term obligation in relation to this Agreement or the Project, except to the extent to which such actions, by claims, demands, losses, costs, damages, suits or other proceedings are caused by the negligence or breach of this Agreement by an officer, servant, employee or agent of New Brunswick or Canada in the performance or his or her duties. 19. COMMUNICATIONS 19.1 No public announcement of an activity related to the Project shall be made by the Recipient without the prior written consent of New Brunswick. 19.2 The Parties shall complywith the communications guideline set out in Schedule C referred to as the Communications Protocol. 20. GENERAL 20.1 SURVIVAL Any provision in this Agreement which imposes an obligation after the termination or expiration of this Agreement, shall survive the termination or expiration of this Agreement. Page 12 of 34 W 20.2 NO AGENCY, PARTNERSHIP, JOINT VENTURE, ETC. a) No provision of this Agreement and no action by the Parties will establish or be deemed to establish a partnership, joint venture, principal -agent relationship or employer -employee relationship in any way or for any purpose whatsoever between New Brunswick and the Recipient or between New Brunswick and any third party. b) The Recipient will not represent itself, including in any agreement with a third party, as a partner, employee or agent of New Brunswick. 20.3 ACCOUNTING PRINCIPLES All accounting terms will have the meanings assigned to them, all calculations will be made and all financial data to be submitted will be prepared, in accordance with the public sector accounting standards in effect in Canada. 20.4 COUNTERPART SIGNATURE This Agreement may be signed in counterpart, and the signed copies will, when attached, constitute an original Agreement. 20.5 SEVERABILITY If for any reason a provision of this Agreement that is not a fundamental term of this Agreement between the Parties is found to be or becomes invalid or unenforceable, in whole or in part, and if both Parties agree, it will be deemed to be severable and will be deleted from this Agreement, but all the other terms and conditions of this Agreement will continue to be valid and enforceable. 20.6 AMENDMENTS This Agreement may be amended from time to time on written agreement of the Parties. 20.7 WAIVER A Party may waive any of its rights under this Agreement only in writing. Any tolerance or indulgence demonstrated by the Party will not constitute a waiver. Page 13 of 34 01.1 20.8 FORCE MAJEURE If any of the obligations within this Agreement is prevented, restricted or interfered with by reason of earthquake, fire, flood or other casualty or due to strikes, riot, storms, explosions, acts of God, war, terrorism, or a similar occurrence or condition beyond the reasonable control of the Parties, the Party so affected shall, upon giving prompt notice to the other Parties, be excused from such performance during such prevention, restriction or interference, and any failure or delay resulting therefrom shall not be considered a breach of this Agreement. 21. OTHER 21.1 New Brunswick and the Recipient acknowledge that the financial contribution by Canada underthis Agreement and, in consideration of that contribution and notwithstanding that Canada is not a signatory to this Agreement, the Parties agree that the terms of this Agreement applicable to or with respect to Canada, are for her sole benefit. 21.2 Nothing in this Agreement is to be construed as authorizing one Party to contract for or to incur any obligation on behalf of the other or to act as an agent for the other. Nothing in this Agreement is to be construed as authorizing the Recipient or any third Party to contract for or to incur any obligation on behalf of either Party or to act as an agent for either Party. 21.3 If there is a conflict between this Agreement and the IBA Funding Agreement, the provisions of the IBA Funding Agreement will apply. 21.4 The Recipient will ensure that no current or former public servant or public office holder to whom any post -employment, ethics and conflict of interest legislation, guidelines, codes or policies of Canada or New Brunswick applies will derive direct benefit from the Project's funding, unless the provision or receipt of such benefits is in compliance with such legislation, guidelines, policies or codes. 21.5 This Agreement is subject to the provincial Right to Information and Protection of Privacy Act as well as the federal Access to Information Act and the Privacy Act. 21.6 In the event of a breach of any of the terms and conditions of this Agreement by the Recipient, no further contributions shall be made by New Brunswick and all previous payments shall be returned to New Brunswick within thirty (30) days of written notification to that effect. Page 14 of 34 Kul 22. NOTICE Any notice provided under this Agreement may be delivered in person, sent by email, facsimile or mail, addressed to: For New Brunswick: Regional Development Corporation P.O. Box 6000 Fredericton, NB E3B 51-11 Phone: 506-453-2277 Fax: 506-453-7988 Email: IBA-EBI@Rnb.ca or such other address, email or facsimile number, or addressed to such other person as New Brunswick may, from time to time, designated in writing to the Recipient; and for the Recipient: The City of Saint John P.O. Box 1971 15 Market Square Saint John, NB E21- 41-1 Phone: 506-648-4455 Email: service@saintiohn.ca Or such other address, email or facsimile number, or addressed to such other person as the Recipient may, from time to time, designate in writing to New Brunswick. Such notice will be deemed to have been received, if sent by mail or email, when receipt is acknowledged by the other Party; by facsimile, when transmitted and receipt is confirmed; and in person, when delivered. 23. COMPLIANCE WITH LAWS The Recipient will comply with all applicable laws, regulations, all requirements of regulatory bodies having jurisdiction over the subject matter of the Project and any common law obligations to consult with, and where appropriate, will engage in Aboriginal consultation and consider Aboriginal interests. 24. GOVERNING LAW This Agreement is governed by the laws applicable in the Province of New Brunswick. Page 15 of 34 011 25. SUCCESSORS AND ASSIGNS This Agreement is binding upon the Parties and their respective successors and assigns. Page 16 of 34 We%7 SIGNATURES REGIONAL DEVELOPMENT CORPORATION SOCIETE DE DEVELOPPEMENT REGIONAL Original signed by: e, �ade Libby President THE CITY OF SAINT JOHN 31 C�C�u'� S� 2ct L2 Date I/We hereby confirm that I/we have the authority to bind The City of Saint John Original signed by: Donna Noade Reardon Mayor Jonathan Taylor City Clerk Date Date Page 17 of 34 :1191 SCHEDULE A — PROJECT DESCRIPTION RECIPIENT: The City of Saint John PROJECT NUMBER: 14085 PROJECT TITLE: The City of Saint John — Retail Drive Refurbishment PROJECT DESCRIPTION: The project consists of reconstructing a section of Retail Drive in the City of Saint John. The project scope includes storm and sewer piping sized for the continued buildout of East Point, and the street will also be re -aligned with Ashburn Lake Road to improve traffic flow in the Area. The new alignment also raises a section of the roadway above current flood elevation. ELIGIBLE PROJECT EXPENDITURES: The Canada — New Brunswick Integrated Bilateral Agreement for the Investing in Canada Infrastructure Program shall contribute a financial incentive of 73.33% of the aforementioned eligible project expenditures of $7,077,388 being an amount not exceeding $5,189,848. Subject to this Agreement, the Recipient shall be responsible for contributing at least 26.67% of the Eligible Expenditures of the project implemented under this Agreement. Expenditure overruns will not be considered as Eligible Expenditures and will be the responsibility of the Recipient. No contribution shall.be made under the Canada — New Brunswick Integrated Bilateral Agreement for the Investing in Canada Infrastructure Program with respect to any expenditure incurred other than the eligible project expenditures. FINANCING OF PROJECT: Funding Source Fiscal Year 2023-2024 Fiscal Year 2024-2025 Fiscal Year 2025-2026 Total Funding Percentage Eligible Costs Canada $ 61,600 $404,400 $2,364,955 $2,830,955 40.00% New Brunswick $ 51,328 $336,966 $1,970,599 $2,358,893 33.33% Recipient $ 41,072 $269,634 $1,576,834 $1,887,540 26.67% Total $ 154,000 $1,011,000 $5,912,388 $7,077,388 100.00% Ineligible Costs (Land Acquisition) Recipient J $ 1,380,000 1 $ 0 $ 0 $ 1,380,000 100.00% Grand Total 1 $ 1,534,000 1 $ 1,011,000 $ 5,912,388 $ 8,457,388 100.00% New Brunswick will reimburse 73.33% (40% Canada and 33.33% New Brunswick) of eligible costs on each claim submitted for reimbursement up to the total approved contributions. FEDERAL ENVIRONMENTAL AND/OR IMPACT ASSESSMENT REQUIREMENTS: NO Page 18 of 34 !II FEDERAL INDIGENOUS CONSULTATION REQUIREMENTS: NO The Infrastructure Canada letter specifying the requirements will be shared with the Recipient. ADDITIONAL CONDITIONS: 1. The Recipient must demonstrate to New Brunswick's satisfaction that all funding to complete the Project has been secured, prior to New Brunswick paying eligible costs. 2. The Recipient must produce and erect signage at the Project site in accordance with the Government of Canada signage guidelines. FORCASTED CONSTRUCTION START DATE (YYYY/MM/DD): 2024/04/01 FORCASTED CONSTRUCTION END DATE (YYYY/MM/DD): 2025/10/31 PROJECT CATEGORY OUTCOMES/BENEFITS that will need to be quantified: Green Infrastructure: Adaptation, Resilience and Disaster Mitigation Increased Structural capacity to adapt to climate chance impacts, natural disasters and/or extreme weather events Structural Infrastructure • Other type of structural infrastructure: Street section being raised above current flood level, reducing impacts from flooding • Number of assets receiving investment:1 • Length of assets receiving investment (in kilometres): 0.36 • Hazards that apply: Increased overland flooding • Physical condition of the asset(s) before investment: Good • Physical condition of the asset(s) at project conclusion: Very Good Green Infrastructure: Environmental Quality Increased access to potable water Type of assets • Local water pipes o Length of assets receiving investment (in metres): 459 o Physical condition of the asset(s) before investment: Good o Physical condition of the asset(s) at project completion: Very Good Increased capacity to treat and/or manage wastewater and/or storm water Type of assets • Linear wastewater assets Page 19 of 34 ►P o Length of asset receiving investment (in metres): 307 o Physical condition of the asset(s) at project conclusion: Good o Physical condition of the asset(s) at project conclusion: Very Good • Linear storm water assets o Length of asset(s) receiving investment (in metres): 815 o Physical condition of the asset(s) before investment: Good o Physical condition of the asset(s) at project conclusion: Very Good Treatment Capacity • Capacity to treat waste and/or storm water before investment (in cubic metres per day):14,600 • Capacity to treat waste and/or storm water at project conclusion (in cubic metres per day): 35,550 Improved capacity and/or quality of pathways and/or active transportation infrastructure Sidewalks • Length of asset(s) receiving investment (in kilometres): 0.5 • Physical condition of the asset(s) before investment: Fair • Physical condition of the asset(s) at project conclusion: Very Good Other active transportation infrastructure • Description: Four audible/countdown signals and 8 accessible ramps and tactile surfaces • Number of asset(s) receiving investment:12 • Physical condition of the asset(s) before investment: N/A • Physical condition of the asset(s) at project conclusion: Very Good Page 20 of 34 !191 SCHEDULE B — ELIGIBLE AND INELIGIBLE EXPENDITURES ELIGIBLE EXPENDITURES Eligible Expenditures will include the following: a) All costs considered by New Brunswick and Canada to be direct and necessary for the successful implementation of an eligible Project, excluding those explicitly identified in the Ineligible Expenditures section below, and which may include capital costs, design and planning, and costs related to meeting specific program requirements, including completing climate lens assessments and creating community employment benefit plans; and b) The incremental costs of employees of a Recipient may be included as Eligible Expenditures for a Project under the following conditions: - The Recipient is able to demonstrate that it is not economically feasible to tender a Contract; and - The arrangement is approved in advance and in writing by New Brunswick and Canada. INELIGIBLE EXPENDITURES Ineligible expenditures will include the following: a) Costs incurred before October 7, 2022 and any and all expenditures related to contracts signed prior to October 7, 2022, except for expenditures associated with completing climate lens assessments; b) Costs incurred for cancelled Projects; c) Costs of relocating entire communities; d) Land acquisition; e) Leasing and, buildings and other facilities; leasing equipment other than equipment directly related to the construction of the Project; real estate fees and related costs; f) Any overhead costs, including salaries and other employment benefits of any employees of the Recipient, any direct or indirect operating or administrative costs of Recipients, and more specifically any costs related to planning, engineering, architecture, supervision, management and other activities normally carried out by the Recipient's staff, except in accordance with Section b) of Eligible Expenditures; Page 21 of 34 g) Financing charges, legal fees, and loan interest payments, including those related to easements (e.g. surveys); h) Any goods and services costs which are received through donations or in kind; i) Provincial sales tax, goods and services tax, or harmonized sales tax for which the Recipient is eligible for a rebate, and any other costs eligible for rebates; j) Costs associated with operating expenses and regularly scheduled maintenance work; k) Costs related to furnishing and non -fixed assets which are not essential for the operation of the Asset/Project; and 1) All capital costs, including site preparation and construction costs, until New Brunswick and Canada has confirmed that environmental assessment and Aboriginal consultation obligations as required under Section 8 (Environmental Assessment and Licensing) and 9 (Aboriginal Consultation) have been met and continue to be met. Page 22 of 34 SCHEDULE C—COMMUNICATIONS PROTOCOL 1. Purpose a) This communications protocol outlines the roles and responsibilities of each of the Parties to this Agreement, as well as those of Canada, with respect to communication activities related to the Project. b) This communications protocol will guide the planning, development and implementation of all Communications Activities to ensure clear, consistent and coordinated communications to the Canadian public. c) The provisions of this communications protocol apply to all Communications Activities related to the Agreement and any Projects funded under the Agreement. Such Communications Activities may include, but are not limited to, public or media events, news releases, reports, wen and social media products or postings, blogs, project signs, digital signs, publications, success stories and vignettes, photo compilations, videos, advertising campaigns, awareness campaigns, editorials, and multi -media products. 2. Guiding Principles a) The Parties recognize the importance of managing the delivery of coherent Communications Activities based on the principle of transparent and open discussion and collaboration. b) Communications Activities undertaken in accordance with this communications protocol should ensure that Canadians are informed of infrastructure investments made to help improve their quality of life and that they receive consistent information about funded Projects and their benefits. c) The Communications Activities undertaken jointly by Canada, New Brunswick and the Recipient shall recognize the funding of all Parties to the Project. 3. Governance a) The Oversight Committee shall be responsible for monitoring the implementation of this communications protocol. b) New Brunswick is responsible for communication the requirements and responsibilities outlined in this communications protocol to the Recipient and for ensuring their compliance. c) New Brunswick shall communicate to the Recipient any deficiencies and/or corrective actions identified by Canada or by the Oversight Committee. 4. Joint Communications a) Canada, New Brunswick and the Recipient will have Joint Communications about the funding of the Project. Page 23 of 34 b) Joint Communications under the Agreement should not occur without the prior knowledge and agreement of all Parties, where applicable. c) All Joint Communications material will be approved by Canada and New Brunswick prior to release, and will recognize the funding of all Parties. d) Each of the Parties may request Joint Communications to communicate to Canadians about the progress or completion of the Project. The requestor will provide at least 15 business days' notice to the other Parties. If the communications activity is an event, it will take place at a mutually agreed date and location. e) The requestor of the Joint Communications will provide an equal opportunity for the other Parties to participate and choose their own designated representative (in the case of an event). f) New Brunswick or the Recipient will be responsible for providing onsite communications and logistics support. Any related costs are eligible for cost -sharing in accordance with the formula outlined in the funding agreement. g) Canada and New Brunswick have an obligation to communicate in English and French. Joint Communications products must be bilingual and include the Canada and New Brunswick wordmark and other Parties' logos. Canada and New Brunswick will provide the translation and final approval on products. h) The conduct of all Joint Communications will follow the Table of Precedence for Canada. S. Individual Communications a) Notwithstanding Section 4 of this communications protocol (Joint Communications), Canada and New Brunswick retain the right to meet its obligations to communicate information to Canadians about the Agreement and the use of funds through their own Communications Activities. b) Canada, New Brunswick and the Recipient may each include general program messaging and examples of projects funded through the Agreement in their own Communications Activities. The authoring Party will not unreasonably restrict the use of such products or messaging by the other Parties, and if web or social media based, from linking to it. c) Canada, New Brunswick or the Recipient may issue digital communications to communicate progress of the Project. d) Where a web site or web page is created to promote or communicate progress on a funded Project, it must recognize federal and provincial funding through the use of a digital sign orthrough the use of the Canada wordmark and the following wordings, "This project is funded in part by the Government of Canada". The Canada wordmark or digital sign must link to Infrastructure Canada's website, at www.infrastructure.ga.ca. Canada will provide and publish guidelines for how this recognition is to appear. The Recipient will also recognize the funding of New Brunswick in a similar manner. e) The Recipient will be required to send a minimum of one photograph to each of the Parties of the construction in progress, or of the completed project, for use in social media and other digital individual Communications Activities. Sending the photos will constitute permission to use and transfer of copyright. Photographs are to be sent to INFC.photos@canada.ca along with project name and location. Page 24 of 34 6. Operational Communications a) The Recipient is solely responsible for operational communications with respect to Projects, including but not limited to: calls for tender, or construction and public safety notices. Operational communications as described above are not subject to the federal official language policy. b) Canada does not need to be informed on operational communications. However, such products should include, where appropriate, the following statement, "This project is funded in part by the Government of Canada". As appropriate, operational communications will also recognize the funding of New Brunswick is a similar manner. 7. Media Relations a) Canada and New Brunswick will share information promptly with the other Party should significant media inquiries be received or emerging media or stakeholder issues arise to a Project or the overall fund. S. Signage a) Canada, New Brunswick or the Recipient may request a sign recognizing their funding contribution to the Project. b) Where a physical sign is to be installed, unless otherwise agreed upon by Canada, it will be the Recipient that will produce and install a joint physical sign that recognizes funding of each Party at each Project site in accordance with .current federal signage guidelines. c) The joint sign design, content and installation guidelines will be provided by Canada. d) The recognition of funding contributions of each Party and the Recipient will be of equal prominence and visibility. e) Digital signage may also be used in addition or in place of a physical sign in cases where a physical sign would not be appropriate due to project type, scope, location or duration. f) Where the Recipient decides to install a permanent plaque or other suitable marker with respect to a Project, it must recognize the federal and provincial contributions and be approved by Canada and New Brunswick. g) The Recipient agrees to inform New Brunswick of sign installations through the Project progress reports referenced in Section 11(Reporting) of this Agreement. h) Where a physical sign is being installed, Signage should be installed at each Project site one (1) month prior to the start of construction, be visible for the duration of that Project, and remain in place until one (1) month after construction is completed and the infrastructure is fully operational or opened for public use. i) Signage should be installed in a prominent and visible location that takes into consideration pedestrian and traffic safety and visibility. Page 25 of 34 !E:3 9. Advertising Campaigns a) Recognizing that advertising can be an effective means of communicating with the public, Canada and New Brunswick may, at their own cost, organize an advertising or public information campaign related to the Agreement or eligible Project. However, such a campaign will respect the provisions of this Agreement. In the event of such a campaign, the sponsoring Party or Recipient will inform the other Parties or of its intention no less than twenty-one (21) working days prior to the campaign launch. Page 26 of 34 SCHEDULE D - DETAILED CLAIM FORM New_c N`.i Regional Development Corporation Claim No: �rU s Trak 1 11J �Y P.O. Box 6000, Fredericton, New Brunswick E3B 5H1 Integrated Bilateral Agreement for the Final Claim: Investing in Canada Infrastructure Program List all eligible project costs with invoices and cheque numbers on this form. Include a copy of each invoice and proof of payment. Failure to record and support each cost will cause a delay in processing. Project Number: 14085 Proiect Name: The City of Saint John — Retail Drive Refurbishment tion o 'coss ''' DescriT P �t a a ou Tier NfS � PP Cheque No. Cheque Amout � Invoice Invoice Total HS Total Eligible &.supported costi�g(total-HST refund) % of HST refunded by Canada Revenue Aaencv 71.43% - municipality 11 22.33% - university ❑ 50% - non-profit organization ❑ 100% - other 0% - none The undersigned hereby certifies that: a. the invoices above represent eligible project costs that have been paid in full and the work completed; and b. no other public financial assistance has been received or is to be received for the part of the project against which this reimbursement is claimed. Signature Print Name Date Title Company Telephone Eliglbie 41"uppo_ded costs Less: previousoadvance Add... current"adaance CITYSJ Vendor - 122320-1414 122320-14-14 Fayrnerit.request For office use only Claim Reviewer Dade Project Officer,Date Payment -Authority account Claim Auditor Page 27 of 34 67i] SCHEDULE E — PROGRESS REPORT To be completed by the Ultimate Recipient The Ultimate Recipient submits a Progress Report to the Regional Development Corporation every year on May 15 and November 15 for the duration of the project This form should be signed by an authorized official designated in the Integrated Bilateral Agreement Contribution Agreement, with the contact information identified at the bottom of this form. Project Details Name of Ultimate Recipient: Click or tap here to enter text. Project Number:14085 I Project Title: Click or tap here to enter text. Reporting Period: Click or tap to enter a date. Project Schedule Has the project been substantially completed? Yes ❑ No ❑ % of Project Complete: Choose an item. Actual Construction Start Date: Click or tap to enter a date. Actual Construction End Date: Click or tap to enter a date. If Project has not started please select the forecasted construction dates: Start date: Click or tap to enter a date. End date: Click or tap to enter a date. Project Finances Total Eligible Costs: Click or tap here to enter text. Updated Estimated Total Eligible Costs: Click or tap here to enter text. Please provide an estimate of when the total program contribution will be claimed by federal fiscal year (April 1st to March 31 s) Fiscal Year Amount 2020-2021 Click or tap here to enter text. 2021-2022 Click or tap here to enter text. 2022-2023 Click or tap here to enter text. 2023-2024 Click or tap here to enter text. 2024-2025 Click or tap here to enter text. 2025-2026 Click or tap here to enter text. 2026-2027 Click or tap here to enter text. 2027-2028 Click or tap here to enter text. Total Click or tap here to enter text. Page 28 of 34 51 Communications Has project signage been installed? Yes ❑ No ❑ Summary of communication activities undertaken during the reporting period. Click or tap here to enter text. Outcomes and Indicators Select Investment Stream: Choose an item. Choose Sub Stream Green Infrastructure projects only): Choose an item. Are the expected results outlined in the Contribution Agreement still accurate? Choose an item. If "No", please provide detailed explanation. Click or tap here to enter text. Climate Lens Have you completed a GHG Mitigation assessment for your project? Yes ❑ No ❑ Have you completed a Climate Change Resilience assessment for your project? Yes ❑ No ❑ Risk and Mitigation Strategies Update the factors that have a reasonable likelihood of affecting the project. Project Complexi : Choose an item. Please explain if there is a risk identified: Click or tap here to enter text. Project Readiness: Choose an item. Please explain if there is a risk identified: Click or tap here to enter text. Public Sensitivity: Choose an item. Please explain if there is a risk identified: Click or tap here to enter text. Ultimate Recipient Risk: Choose an item. Please explain if there is a risk identified: Contact Information Prepared by: Click or tap here to enter text. Title: Click or tap here to enter text. Telephone: Click or tap here to enter text. Email: Click or tap here to enter text. Date:Click or tap to enter a date. Page 29 of 34 61 SCHEDULE (F.1) DECLARATION OF SUBSTANTIAL COMPLETION Pursuant to the Agreement entered into between the Province, represented by the Minister responsible for the Regional Development Corporation, and The City of Saint John, I , a licensed professional or an acceptable equivalent approved by the Province including the President or legal head of the Ultimate Recipient, do solemnly declare as follows: 1. That I am the knowledge of the matters set forth in this affidavit; (title, organization), and as such have 2. That the work identified as Project # 14085 as described in Schedule A in the above- mentioned Agreement has been substantially completed on the day of 20_. 3. That the work: a. Was carried out by (the prime contractor). Between the dates of (start date) and (completion date); b. Was supervised and inspected by qualified staff, c. Conforms with the plans, specifications and other documentation for the work; and d. Conforms with applicable environmental legislation, and appropriate mitigation measures have been implemented. 4. Declared at of 20. Signature (City), in the Province of New Brunswick this day Page 30 of 34 6V SCHEDULE (F.2) - PROJECT COMPLETION REPORT To be completed, by the Ultimate Recipient Ultimate Recipients are required to submit a PCR directly to The Regional Development Corporation no later than 90 days after the date of substantial completion of their project. This form must be signed by an Authorized Official of the Ultimate Recipient with the contact information identified at the end of this form. Please send completed form via email to IBA-EBI@gnb.ca Ultimate Recipient Identification Name of Ultimate Recipient: Community: Project Number: Project Title: 14085 Section A: Final information on the project status, expenditures, funding status and communication activities A.1 Project Status Scheduled project start date (YYYY/MM/DD) Actual project start date (YYYY/MM/DD) Scheduled date of substantial completion (YYYY/MM/DD) Date of actual substantial completion (YYYY/MM/DD) Summary of completed project: Attach along with this form, a maximum of three high resolution digital photographs to substantiate the pLoject work completed Page 31 of 34 A.2 Expenditure and Funding Status Total amount of expenditures incurred by the Ultimate Recipient from actual project start date to substantial completion Provide total spending on the project from project start date to the substantial completion date. Some projects may achieve substantial completion before the program end. Include a breakdown of expenditures for eligible and ineligible costs according to the following cost categories. Amount ($) Capital Costs Engineering & Environmental Planning & Reviews Sub -total Eligible Costs Ineligible Costs (Specify): Total Costs (Eligible and Ineligible) A.3 Communications Summary of final communication activities undertaken or upcoming Provide details, include dates and links, of any related public announcements and press releases (complete or upcoming). Ensure the Ultimate Recipient informs the Regional Development Corporation about all communication activities. Page 32 of 34 6191 Section B: Information on the Pro Outcomes Project Outcomes Select all the project outcomes that apply to the project. The selections below should match the information in the application form. Green Infrastructure Outcomes Increased capacity to manage more renewapie energy Increased access to clean energy transportation Increased energy efficiency of buildings Increased generation of clean energy Increased structural capacity and/or increased natural capacity to adapt to climate change impacts, natural disasters and/or extreme weather events. Increased capacity to treat and/or manage wastewater and storm water Increased -access to potable water Increased capacity to reduce and/or remediate soil and/or air pollutants. Community, Culture and Recreation Outcomes Improved access to and/or increased quality of cultural, recreational and/or community infrastructure for Canadians, including Indigenous peoples and vulnerable populations. Rural & Northern Outcomes Improvea tooa security Improved and/or more reliable road, air and /or marine infrastructure Improved broadband connectivity More efficient and/or reliable energy Improved education and/or health facilities (specific to the Truth and Reconciliation Commission's Calls to Aci Public Transit Outcomes Improved capacity of public transit infrastructure Improved quality and/or safe of existing or future transits stems Page 33 of 34 67� access to a public transit Section B2 Project Outcomes Confirm that the project outcomes described in the original application were achieved and how they were achieved. Based on the information in the application describe any changes to the identified project outcomes. Indicate and explain if specific outcomes were not achieved or if additional outcomes not originally identified. Section C: Other Substantial Completion Attach a copy of the Solemn Declaration of Substantial Completion signed by an authorized. representative of the Ultimate Recipient Has the Solemn Declaration of Substantial Completion been completed? Overview of Issues Identified during project Provide an overview of the projects progress from start to substantial completion and identify any issues faced by the project. Provide details, as appropriate, regarding measures taken to minimize the impact of delays in completion date, changes in project scope and any other impacts on project implementation. Section D: Attestation/Signature I, the undersigned, hereby understand and agree with the following: 1. All the documentation submitted through this application process is subject to the provisions of the Access to Information Act. Any financial, commercial, scientific or technical information provided in this documentation will be treated in accordance with the Access to Information Act. Information provided may be disclosed for the purpose of program review, statistical purposes and program or performance reporting. 2. The information provided in this close-out report is to the recipients best knowledge and belief, accurate and complete. Prepared by (Name of Authorized Title: Name of Ultimate Recipient: Official) Telephone: Email: Signature Date: YYYY/MM/DD Page 34 of 34 61FA U o� �7z 3 co 1-4 0 M o U 2.4Q ai PC en > ogrn WD a O O Cd N .. 10, O O cd c a" ^ C's O w 00 qc 0 3 C� N 'o, U M ti b O O ,_, ..� O O O d o U \ . a� 0 bq0 >, d O ai it >, -2 02 'C o coif: 3 p a 45 a� El gi A!i z c `� U Gi sD Q O U rn �"' ."S. d ra y P. V O� 'C d o zs z R s "C c --mote¢ (D o �? A � u � ;, ca ° o rr. � R z � d � E '� a a� za aU d U 0, W A 611:3 rk a S b CD �V CD A • • a d COii v�i vi N N G y p o o ru ¢ dQ CD O O CD O �. o�ova ai o c� p 54 -• Cn cD O O co. O o con o � 0 L+ y " O G 'G �. El Ll. 7 Co• cn a.cn a.o Ca P CAd CD A C Q. y CA CD 0 Pj CD N N -0 .� N m . CD R oo�c' CD '� � Q � � v• W -t n CAD O _ ro N G CD QQ CD A_. e-f = ►'►� ►O CD �. i L3 y .A D $0 O A� F � N OG N CD t3 CD El CD (D so v; .•• CD Cn� cD CD eh CD CD Cs cD iD e•P e�•r V�J .� /^i A h CD, Q+Z> O. CD, �. dQ 0 CD P A. O �) p e-P .yam N' o eD /'1 O. Gn A CCA, A OQ .y.. 0 0 d CD CD r'•� :3 CD CD, y c... P. O .0 CD C CA N �• O Cn CD I-� o N CD O N O• CD% K W .a o 0 CD " 0 CD CD. O C7 CD, 0 .o CD C CD n �. o ts. K CD, CD, CD N C X � v, N cOn C CD rn v N NCD � p -S�- 0 CD N J O CD 5' ID e•4 CD d C 611%] COMMON COUNCIL REPORT M&C No. 2022-376 Report Date November 24, 2022 Meeting Date December 12, 2022 Service Area Public Works and Transportation Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT: Designation of By-law Enforcement Officers AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Barb Crawford Michael Hugenholtz / Tim O'Reilly John Collin RECOMMENDATION It is recommended that Common Council adopt the attached resolution appointing Tim O'Reilly, Blayne Hanson, Thomas McGrath, John Mascarenhas, Chris Phinney and Barbara Crawford as by-law enforcement officers for the Solid Waste By -Law, By-law Number LG-6. EXECUTIVE SUMMARY The vast majority of our community are doing their part to reduce garbage and divert to the compost and new curbside recycling streams as outlined with Wastewise. There will always be the need, however, to encourage compliance with the new program. With roll -out of Wastewise, the City has taken more of an educational approach as the program is new for both our customers and our own City team. Although education will always be part of the solution, there is the need to continue to transition to more of an enforcement approach. Enforcement must be undertaken with officers approved by Common Council. The purpose of this report is to designate Tim O'Reilly, Blayne Hanson, Thomas McGrath, John Mascarenhas, Chris Phinney and Barbara Crawford as by-law enforcement officers for the Solid Waste By -Law which is enforced by the Public Works and Transportation Services department. In doing so, they will be authorized to administer and enforce the Solid Waste By -Law. PREVIOUS RESOLUTION On October 17, 2022, it was resolved by Common Council that the by-law entitled, "By -Law Number L.G.-6 A By -Law for the Storage, Collection and Disposal of Solid -2- Waste in The City of Saint John" repealing and replacing the bylaw enacted on the 11th day of December 2017, entitled "Bylaw Number M-2, A Bylaw for the Storage, Collection and Disposal of Solid Waste in The City of Saint John" and all amendments thereto be read a third time, enacted, and the Corporate Common Seal affixed thereto. REPORT It is necessary at this time to designate Tim O'Reilly, Blayne Hanson, Thomas McGrath, John Mascarenhas, Chris Phinney and Barbara Crawford as by-law enforcement officers by adopting the attached resolution so that they may carry out their duties pertaining to administration and enforcement of the Solid Waste By -Law. STRATEGIC ALIGNMENT This report aligns with Council's "Growth" and "Belong" Priorities. SERVICEAND FINANCIAL OUTCOMES N/A INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The General Counsel's Office has reviewed the attached resolution. ATTACHMENTS Resolution appointing Tim O'Reilly, Blayne Hanson, Thomas McGrath, John Mascarenhas, Chris Phinney and Barbara Crawford as by-law enforcement officers. AI COMMON COUNCIL / CONSEIL COMMUNAL December 12, 2022 / le 12 decembre 2022 RESOLVED, that as recommended by the City Manager, the following resolution be adopted: 1. WHEREAS the Common Council of The City of Saint John has enacted certain by- laws pursuant to the authority of the Local Governance Act, S.N.B. 2017 c.18, and amendments thereto (the "Local Governance Act"), including A By-law for the Storage, Collection and Disposal of Solid Waste in The City of Saint John, By-law Number LG-6 (the "Solid Waste By -Law"), and all amendments thereto, and it may from time to time be necessary to commence proceedings in the Provincial Court of the Province of New Brunswick, when a person has violated or failed to comply with said By-law; AND WHEREAS section 72 of the Local Governance Act provides that a council may appoint by-law enforcement officers for the local government and may determine their terms of office; AND WHEREAS subsection 150(1) of the Local Governance Act provides that proceedings for breach of a by-law shall be commenced in the name of the clerk of the local government or such other person as is designated for that purpose by the council; NOW THEREFORE BE IT RESOLVED, that Tim O'Reilly, Blayne Hanson, Thomas McGrath, John Mascarenhas, Chris Phinney and Barbara Crawford are hereby appointed as by-law enforcement officers with respect to the enforcement of the Solid Waste By -Law, effective immediately, and this appointment shall continue until they cease to be employees of the Public Works and Transportation Services department of The City of Saint John or until it is rescinded by Common Council, whichever comes first; AND BE IT FURTHER RESOLVED, that Tim O'Reilly, Blayne Hanson, Thomas McGrath, John Mascarenhas, Chris Phinney and Barbara Crawford are hereby designated and authorized to lay informations in the Provincial Court of the Province of New Brunswick for breach of the Solid Waste By -Law, effective immediately, and this designation and authorization shall continue until they cease to be employees of the Public Works and Transportation Services department of The City of Saint John or until it is rescinded by Common Council, whichever comes first. I' COUNCIL REPORT M&C No. 2022-373 Report Date November 30, 2022 Meeting Date December 12, 2022 Service Area Public Works and Transportation Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT: Designation of By -Law Enforcement Officer — Christian Beaudoin AUTHORIZATION Primary Author(s) Commissioner/Dept. Head City Manager Jill Good Michael Hugenholtz/Marc Dionne John Collin RECOMMENDATION It is recommended that Common Council adopt the attached resolution appointing Christian Beaudoin as by-law enforcement officer for the Saint John Parking By-law and Saint John Traffic By-law. EXECUTIVE SUMMARY The purpose of this report is to designate Christian Beaudoin, Badge No. 9994 Canadian Corps of Commissionaires, as a by -Law enforcement officer, for the Saint John Parking By-law and Saint John Traffic By-law which are administered by the Parking department. In doing so, Mr. Beaudoin will be authorized to: • Administer and enforce the Saint John Parking By -Law. • Administer and enforce the Saint John Traffic By -Law. PREVIOUS RESOLUTION Not applicable. REPORT It is necessary at this time to designate Christian Beaudoin, a newly hired parking enforcement officer, as a by -Law enforcement officer, by adopting the attached resolution so that he may carry out his duties pertaining to enforcement of the Saint John Parking By-law and Saint John Traffic By-law. W -2- PREVIOUS RESOLUTION N/A STRATEGIC ALIGNMENT This report aligns with Council's "Growth" and "Belong" Priorities. SERVICE AND FINANCIAL OUTCOMES N/A INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The General Counsel's Office has reviewed the attached resolution. ATTACHMENTS Resolution appointing Christian Beaudoin as by-law enforcement officer. AE,I COMMON COUNCIL / CONSEIL COMMUNAL December 12, 2022 / le 12 decembre 2022 RESOLVED, that as recommended by the City Manager, the following resolution be adopted: 1. WHEREAS the Common Council of The City of Saint John has enacted certain by- laws pursuant to the authority of the Local Governance Act, S.N.B. 2017 c.18, and amendments thereto (the "Local Governance Act"), including By-law Respecting the Regulation of Parking in The City of Saint John, By-law Number LG-8 (the "Saint John Parking By -Law"), A By-law Respecting the Traffic on Streets in The City of Saint John, By-law Number MV-10.1 (the "Saint John Traffic By -Law") and all amendments thereto; AND WHEREAS section 72 of the Local Governance Act provides that a council may appoint by-law enforcement officers for the local government and may determine their terms of office; NOW THEREFORE BE IT RESOLVED, that Christian Beaudoin is hereby appointed as by-law enforcement officer with respect to the enforcement of the Saint John Parking By -Law and Saint John Traffic By -Law, effective immediately, and this appointment shall continue until they cease to be an employee of the Parking department of The City of Saint John or until it is rescinded by Common Council, whichever comes first; ARI COMMON COUNCIL REPORT M&C No. 2022-389 Report Date December 06, 2022 Meeting Date December 12, 2022 Service Area Growth and Community Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT: Service Agreement for John Hooper's People Waiting AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Kate Wilcott Jacqueline Hamilton Brent McGovern RECOMMENDATION 1. That the City enter into an agreement with Kathy Hooper of Hooper Studios, Darren Byers, and 703732 NB Ltd. to provide the restoration work for John Hooper's People Waiting. 2. That the City enter into an Agreement with 703732 NB Ltd. for the transportation, installation, and safekeeping of John Hooper's People Waiting. 3. That the Mayor and Common Clerk be authorized to execute these Agreements generally in the form as attached to M&C 2022-389. EXECUTIVE SUMMARY John Hooper's iconic wooden sculpture "People Waiting" has been part of the Saint John public art landscape for almost fifty years. Originally commissioned by Canada Post in 1975 as part of the Federal Government's 1% for art program, People Waiting was de -commissioned by Canada Post and given to the City of Saint John in 2004. At that time, the City paid for the restoration of the art, and it was then eventually placed in St. Andrews Square in the City's Uptown next to Barbour's General Store. In 2018, extensive weather damage to the pieces was discovered during routine maintenance and the sculpture was moved to City storage. Due to the material nature of the artwork, the amount of restoration needed, and to minimize future exposure to the elements, staff are recommending that the artwork be permanently placed indoors. After consulting with the Saint John Community Arts Board and the Hooper Family, Staff are recommending that People Waiting be placed in City Hall in the newly renovated pedway. The location is public and highly accessible. Staff have met with the Landlord, and they have committed to install, insure, and steward C�� -2- the artwork. People Waiting will be available for public enjoyment and will remain the property of the City of Saint John and part of the City's Public Art Collection. Work on People Waiting will take place from January 2023 to June 2023 and it will be installed in the new location next summer. PREVIOUS RESOLUTION n/a REPORT Saint John area -based artist John Hooper contributed a vibrant array of large scale whimsical wooden sculptures to the City of Saint John's Public Art collection. Revered as one of the country's foremost practitioners of wooden art, the late Mr. Hooper's works are celebrated for their humour, satire, bright colours, and comments on social justice and human triumph over adversity. Hooper's art can be viewed at the National Arts Centre in Ottawa, the Pilgrim School in Los Angeles, the Sinclair Centre in Vancouver, as well as various locations in and around Greater Saint John. In 1975 Hooper was commissioned by Canada Post to create a set of sculptural figures, entitled "People Waiting,". This art was placed in front of the post office on Rothesay Ave. In 2004 the work was offered as a gift to the City of Saint John by Canada Post and in April 2005 Common Council moved to accept the gift. At the time, due to weathering, the work required extensive repair, and Canada Post agreed to contribute a one-time payment of up to $15,000 toward the initial restoration, with Common Council accepting the responsibility for future maintenance of the sculpture. The figures were transported to Hooper Studios in Hampton, NB where they were completely renovated by the Hooper family: taking the figures right down to the wood and repairing anything which needed restoration; refinishing the end grains on all the pieces with a protective resin coating; sanding and undercoating with two coats of gesso and finishing with three coats of artist quality acrylic paint. From Fall 2005 to 2008, the sculpture was displayed at the New Brunswick Museum, Market Square, and in 2008 it was relocated to the newly redeveloped St Andrews Square on the corner of King and Prince William Streets. While the City owns People Waiting, the art has been maintained under the guidance of the Hooper family, who would inspect the pieces regularly and provide upkeep. However, in 2018, the pieces were deemed to be severely AYA -3- damaged by the elements, and the City removed them from St. Andrews Square, placing them in storage until suitable arrangements for restoration could be made. The Saint John Community Arts Board and staff began to explore possible indoor locations for People Waiting to Be Displayed. Staff began discussions with 703732 NB Ltd., the owner of City Hall, who showed interest in incorporating the art as part of their public space on the 3rd floor of the City Hall building in the pedway system. After consulting with the Saint John Community Arts Board and the Hooper Family, Staff are recommending that People Waiting be placed in City Hall in the newly renovated pedway. The location is public and highly accessible. Staff have met with the Landlord, and they have committed to install, insure, and steward the artwork. The Arts Board and the Hooper Family are supportive of this location as this space provides public access in the uptown core, as well as protection from the weather. Staff recommend that the restoration of People Waiting be performed at Hooper Studios by members of the Hooper Family, their associates, and Darren Byers. The City will insure the artwork at all times. The work will be completed in June 2023 and pending Council approval, the art will then be relocated to the City Hall building where it will be exhibited for many years to come. STRATEGIC ALIGNMENT Belong • Livable Neighborhoods: Improve quality of life with targeted long-term neighborhood planning • Vibrant City: Cultivate Community pride and unity by promoting beautification, arts, culture, and heritage SERVICEAND FINANCIAL OUTCOMES The City shall pay the cost of the restoration of the art from the Public Art Maintenance Fund. - Hooper Studios $23,000.00 and - Darren Byers $2925.00. This cost also incorporates the insurance of the art while it is off site, the purchased supplies, the cleaning, repairing, restoration of the arts, as well as studio space. The Landlord 703732 NB Inc. will cover the costs of transportation and installation into the end location. C:�:3 -4- Moving the statues to an indoor location should reduce the frequency at which they need to be touched up and maintained. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS This report was prepared in consultation with staff including Arts and Culture, Real Estate, Planning, General Counsel's Office, Risk Management, and the Carpentry Shop, Facilities Management, and all are supportive of the project. ATTACHMENTS Attachment A 2022 People Waiting Restoration Contract for Council Attachment 8 2022 People Waiting with Landlord C1'] THIS AGREEMENT made this day of 2022 BETWEEN: Kathy Hooper c/o Hooper Studios 177 Kennebecasis River Road Hampton, NB E5N 6L1 ("Hooper") -and- Darren Byers 73 Fitzgerald Road Wards Creek, NB E4E 4M6 ("Byers") -and- The City of Saint John PO Box 1971 15 Market Square Saint John, NB E2L 4L1 ("City)) ) -and- 703732 N.B. Ltd 15 Market Square, Suite 1000 Saint John NB E2L 1E8 ("Landlord") WHEREAS: A. In 1975, Canada Post commissioned the artist John Hooper to create "People Waiting", which are sculptures of wooden figures which were installed at the Post Office on Rothesay Avenue; B. On January 17, 2004, Canada Post gifted "People Waiting" to the City and Common Council accepted responsibility for on -going maintenance on April 25, 2005; C. Hooper Studios restored "People Waiting" during the late summer of 2005 and it was then displayed at the New Brunswick Museum in Market Square; D. In 2008, "People Waiting" was relocated to St. Andrews Square at the corner of King and Prince William Streets, where it remained until 2018 when it was deemed to be severely damaged by the elements and moved to storage; E. In late 2019, the City contracted Byers to restore the wood, work on which was interrupted by the COVID-19 pandemic; F. The Landlord will be incorporating "People Waiting" into the public space on the Pedway Level of City Hall; and G. "People Waiting" will now be moved to Hooper Studios, at the above listed address, to be cleaned, repaired and restored by Hooper and Byers. NOW THEREFORE in consideration of the mutual covenants and agreements hereinafter contained, and other good and valuable consideration, the parties agree as follows: 1. Description and Production 1.01 The restoration of "People Waiting" shall be performed at Hooper Studios located at 177 Kennebecasis River Road, Hampton, New Brunswick. Hooper and Byers, in their professional judgment and in accordance with the quote provided at Schedule "A" and Schedule "B", shall provide all work and all materials in the cleaning, repair and restoration of "People Waiting" ("the Restoration Work"). 1.02 In the event of that either Hooper or Byers become unable to complete the Restoration Work, Hooper and Byers shall be paid for all of their disbursements and third -party expenses for the work performed up to the time that notice has been given to the City of either Hooper's or Byers's inability to complete the Restoration Work. 1.03 The Landlord shall be responsible for the cost of moving "People Waiting" from Hooper Studios to City Hall and the installation of "People Waiting" on the V floor upon the completion of the Restoration Work. 1.04 The City and the Landlord shall remain responsible for insuring "People Waiting" at all material times. 2. Payment and Performance 2.01 The total estimated cost for the Restoration Work is $25,925.00, excluding the expenses outlined at paragraph 1.04 herein. The invoices received to date are summarized at Schedule "A" and Schedule "B". The cost of the restoration shall be paid in installments as follows: To Hooper Studios: To Byers: a) $6500.00 December 2022 a) $1,500.00 within two weeks after b) $7500.00 March 2023 the signing of this agreement c) $9000.00 within 30 days of the b) $1425.00 within 30 days of the completion of the restoration completion of the restoration 2.02 The Landlord shall not be responsible for any amount payable toward the restoration of "People Waiting". 2.03 The City shall pay the cost of the restoration from the Public Art Fund. Before undertaking any restoration work in excess of the estimated total cost of $25,925.00, Hooper and Byers shall 71 provide an updated estimate to the City for consideration. Payment shall be at the discretion of the City. 2.04 Payment shall be delivered to Hooper and Byers at their respective addresses listed above. 2.05 The restoration of "People Waiting" shall be completed by June 1st 2023 and variations in the work schedule may be agreed to from time to time by memorandum in writing and consent for such variations shall not be unreasonably withheld. 2.06 Upon completion of the restoration of "People Waiting", Hooper and Byers shall clean the artwork and eliminate all dirt, imperfections and remove all extraneous material such as debris and remove all protective devices and structures. Hooper and Byers shall advise the City and the Landlord as to the proper maintenance of "People Waiting" and recommend maintenance instructions and means of future conservation or restoration that may be required. The City and the Landlord shall ensure that "People Waiting", once installed, will be maintained in good condition. 3. Counterparts 3.01 This agreement may be executed in several counterparts, each of which when executed by the parties hereto shall be deemed to be an original, and such counterparts shall together constitute one and the same instrument. 4. Assignment of Agreement 4.01 No assignment of this agreement may be made by any party without the consent in writing of the other parties. 5. Interpretation and Implementation of Agreement 5.01 All disputes pertaining to either the interpretation or implementation of this agreement shall be resolved by arbitration in accordance with the Arbitration Act, R.S.N.B. 2014, c. 100. 6. Endurance of Agreement 6.01 This agreement shall endure to the benefit of and be binding upon the parties hereto and except as hereinbefore otherwise provided their executors, administrators, successors and assigns. IN WITNESS WHEREOF this agreement has been executed by the parties hereto. [signatures pages on following pages] Hooper Studios Name: Title: Name: Title: rM Darren Byers Name: Title: Name: Title: rL! The City of Saint John Name: Title: Name: Title: Common Council Resolution: 01 703732 N.B. Ltd. Name: Title: Name: Title: 01-1 THIS AGREEMENT made this day of , 2022 BETWEEN: The City of Saint John PO Box 1971 15 Market Square Saint John, NB E2L 41_1 ("City") -and- 703732 NB Ltd. 15 Market Square, Suite 1000 Saint John NB E2L 1 E8 ("Landlord") WHEREAS: A. In 1975, Canada Post commissioned the artist John Hooper to create "People Waiting", which are sculptures of wooden figures which were installed at the Post Office on Rothesay Avenue; B. On January 17, 2004, Canada Post gifted "People Waiting" to the City and Common Council accepted responsibility for on -going maintenance on April 25, 2005; C. In 2021, the Landlord approached the City about incorporating "People Waiting" as part of the public space on the 31 floor of City Hall; D. The space will provide public access in the Uptown core and protection from the elements; E. "People Waiting" is presently undergoing restoration at Hooper Studios, in Hampton, New Brunswick; and F. The City and the Landlord wish to set out their respective responsibilities while "People Waiting" is displayed at City Hall; NOW THEREFORE in consideration of the mutual covenants and agreements hereinafter contained, and other good and valuable consideration, the parties agree as follows: 1. Description 1.01 The Landlord shall be responsible for the cost transporting "People Waiting" from Hooper Studios to City Hall and for the installation on the 31 floor. 1.02 The City shall be responsible for the transportation and installation of "People Waiting". The Landlord shall be responsible for reimbursing the City for the said costs. 1.03 Once installed in accordance with paragraph 1.02, the City shall be responsible for maintenance of "People Waiting", including an annual inspection and any repairs arising therefrom. 2. Insurance No 2.01 The City and the Landlord shall be named as co-insured for "People Waiting" at all material times while "People Waiting" is housed in City Hall. 2.02 Despite having an insurable interest in "People Waiting" the Landlord does not acquire any ownership interest in "People Waiting" by virtue of this Agreement. 3. Termination 3.01 The City reserves the right to terminate this agreement upon the provision of sixty (60) days written notice to the Landlord. 3.02 The Landlord reserves the right to terminate this agreement upon the provision of sixty (60) days written notice to the City. 3.03 The party seeking to terminate the agreement shall bear the cost of transporting "People Waiting" to a location determined by the City, at its sole discretion. 4. Notices 4.01 Notices to the City shall be sent to: City Clerk's Office, PO Box 1971, 15 Market Square, Saint John, NB E21L 4L1 with a copy to: generalcounsel@saintjohn.ca 4.02 Notices to the Landlord shall be sent to: 15 Market Square, Suite 1000, Saint John, NB E21L 1 E8 with a copy to: wallace.floyd(o�fundyharbour.com 5. Counterparts 5.01 This agreement may be executed in counterparts, which when executed by the parties hereto shall be deemed to be an original, and such counterparts shall together constitute one and the same instrument. 6. Assignment of Agreement 6.01 No assignment of this agreement may be made by any party without the consent in writing of the other parties. 7. Interpretation and Implementation of Agreement 7.01 All disputes pertaining to either the interpretation or implementation of this agreement shall be resolved by arbitration in accordance with the Arbitration Act, RSNB 2014, c. 100. 8. Endurance of Agreement rE:1 8.01 This agreement shall endure to the benefit of and be binding upon the parties hereto and except as hereinbefore otherwise provided their executors, administrators, successors and assigns. IN WITNESS WHEREOF this agreement has been executed by the parties hereto. [signature pages follow] The City of Saint John Name: Title: Name: Title: E:ii] 703732 NB Ltd. Name: Title: Name: Title: E:1iI COMMON COUNCIL REPORT M&C No. 2022-387 Report Date December 6, 2022 Meeting Date December 12,2022 Service Area Growth and Community Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT: Memorandum of Understanding -The City of Saint John, the Dominion Park Community Association and The Greater Saint John Community Foundation AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Jen Reed Jacqueline Hamilton Brent McGovern RECOMMENDATION That the City enter into the Memorandum of Understanding in the form as attached to M&C No 2022-387 with The Greater Saint John Community Foundation and the Dominion Park Community Association Inc.to facilitate the processing of public donations in support of the "Dominion Park Master Plan — Phase 1" and that the Mayor and the Clerk be authorized to execute the said MOU and any other documents ancillary thereto. REPORT Phase one of the Dominion Park master plan will be funded through various sources, including fundraising efforts from the Dominion Park Community Association. The Association has successfully fundraised over $100,000 to support phase one implementation of the master plan, which is currently being held by the Greater Saint John Community Foundation ("GSJCF"). GSJCF intends to submit these funds to the City in the near future to support the City's expenses associated with the implementation of phase one of the master plan, which will require a memorandum of understanding on the use of the funds by the City. In order for the City to successfully receive these funds a memorandum of understanding (MOU) needs to be agreed upon between all parties. Staff recommend that Common Council approve the MOU as attached to M&C No 2022-387. The memorandum of understanding includes provisions that support the following known conditions associated with the agreement, among others; • Funds submitted to the City through this agreement will support phase 1 of the Dominion Park master plan. • Donations will be made to the Greater Saint John Community Foundation specific to the Dominion Park Revitalization Project. The Foundation will provide donors with a charitable tax receipt and will deduct a 2% administrative fee for all donations received. • The Foundation will provide the funds to the City on a twice annual basis which the City may use to support the project as agreed upon between the City and the Community Association. • This Memorandum of Understanding may be reviewed and amended during the duration of the Project, at the request of either the City, the Association or the Foundation. PREVIOUS RESOLUTION On November 1st, 2021, Common Council adopted the following resolutions: 'Your City Manager recommends that Common Council endorse the Dominion Park phase 1 implementation plan as detailed in M&C 2021-292 contingent on approval of the 2022 General Fund Capital Program.' STRATEGIC ALIGNMENT This report aligns with the following facets of Council's Priority 2021-2025: Grow, Green, Belong and Perform. SERVICEAND FINANCIAL OUTCOMES Phase one of the Dominion Park master plan is projected to cost approximately $1.9 million and is expected to be completed in 2023. Donations for Dominion Park Master Plan - Phase 2 would need to be covered by a subsequent MOU signed at a later date. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS • General Counsel Office preparegghe Memorandum of Understanding. • Finance Department has been consulted to receive the funds ATTACHMENTS Appendix 'A'- Memorandum of Understanding: The City of Saint John, the Dominion Park Community Association and The Greater Saint John Community Foundation E:i! MEMORANDUM OF UNDERSTANDING This Memorandum of Understand ("MOU"), dated as of the % 41day of December, 2022, (the "Effective Date") sets forth certain understandings between the Dominion Park Community Association Inc. (he "Dominion Park Association"), a body corporate having its head office in Saint J hn, NB, The Greater Saint John Community Foundation (the "Community Foundation'), a body corporate having its head office in Saint John, NB, and The City of Saint J hn (the "City"), a body corporate by Royal Charter confirmed and amended by ads of the Legislative Assembly, having its head office in Saint John, NB, relating to the acceptance of donations to support the Dominion Park Revitalization Project. The Dorrinion Park Association, the Community Foundation, and the City are sometimes referred to individually as a "Party" and collectively as the "Parties". WHEREAS: A. The Dominion Park Assi Act, and wishes to raise of Dominion Park in ac( Phase 1" (the "Project"); B. The Dominion Park Ass Income Tax Act and the donors; C. The Community Foundz Dominion Park Associa sponsor; and D. The City has agreed t donations; ciation is a body corporate pursuant to the Companies ands through public donations to support the restoration )rdance with the City's "Dominion Park Master Plan — n is not a qualified donee for the purpose of the is unable to provide official donation receipts to ion can issue donation receipts but in order for the on to receive the funds, they must partner with a act as the sponsor for the purpose of facilitating NOW THEREFORE THE PARTIES HAVE AGREED AS FOLLOWS: 1. Puraose of um 1.1 The purpose of this MOU is to set out the basic terms by which the Dominion Park Association, the Community Foundation, and the City will receive donations, administer donation receipts, and disburse donated funds in support of the Project. 1.2 This MOU is a bir enforceable again; assigns. ing agreement and shall be legally binding upon and the Parties hereto and their successors and permitted E:16'7 2. 1 E inistration of Donations 2.1 The Community Foundation will receive donations on behalf of the Dominion Park A sociation for the purpose of the Project and will issue donation receipts o donors. 2.2 The Community Foundation will provide the City with all donations received during the Term of this MOU, less 2% administrative fee which shall be paid to the Community Foundation. 2.3 The City and the Dominion Park Association will receive an annual accounting of all donations received at the end of the Community Foundation's fisca year, no later than thirty (30) days after the end of said fiscal year. 2.4 The Community F undation will provide the cumulative donation received, less the administr tive fee in accordance with paragraph 1.2, to the City on June 301h and December 151h. 2.5 The City shall hol the funds received from the Community Foundation and shall only disperse the funds as jointly agreed upon by the City and the Dominion Park Association to support the Project. Term and Termination 3.1 The Term of this OU shall commence as of the Effective Date and end on December 31, 2023, unless terminated earlier in accordance with the MOU or otherwise agreed between the Parties (the "Term"). After the expiry of the initial Term, the Parties may consider a renewal or extension if agreed upon by all Parties. 3.2 If any Party neglects or fails to perform their obligations as outlined in this MOU, any other Party may give written notice of the default under the MOU and, entire) without prejudice to any other rights, remedies, or claims it may ha a under this MOU or otherwise, terminate this MOU forthwith. General Provisions 4.1 Costs and Expenses: Each Party shall bear all expenses incurred by it in connection with this MOU unless otherwise expressly set out herein. tR 4.2 No Partnership: N herein shall or shz nor as agent of tl- be held liable for have any authority behalf of the other :) partnership is created by this MOU. Nothing contained II be deemed to constitute the Parties hereto as partners e other nor any other relationship whereby either could any act or omission of the other. The Parties shall not to act for any of the others or to incur any obligation on save as specifically provided by this MOU. 4.3 Time of the Essen e: Time shall be of the essence of this MOU. 4.4 Governing Law: T is MOU shall be governed by the laws of the Province of New Brunswick 4.5 Successors and Assigns: This MOU may not be assigned by a Party without the prior written consent of the other Parties. The rights and liabilities of each party shall enure to the benefit of their respective successors and permitted assigns. 4.6 Notices: Any notice, demand, request, consent or approval which is required or permitted to be given or made by one Party to any other Party pursuant to any provisions of this MOU shall be valid and effective if delivered personally at, or if sent by prepaid courier, telecopy, electronic mail or other similar means of prepaid recorded communication to the respective parties s follows: (a) (b) If to the City: The City of Saint John General Counsel Office City Hall 15 Market Square Saint John, NB E21- 41-1 Email: genera lcounsel@saintjohn.ca With Copy o: The City Clerk Email: cityclerk@saintjohn.ca If to the Community Foundation: Email: President and CEO PO Box 20061 Brunswick Square Saint John, NB E21- 5132 kelly@sjfoundation.ca 11 WA (c) If to the Dominion Park Association: 809 Mana agonish Road Saint John, NB E2M3W9 Counterparts: This MOU may be executed in any number of counterparts, each of which shall be deemed to be an original and all of which taken together shall be deemed to constitute one and the same instrument. Counterparts may be executed either in original, electronic or faxed form and the parties adopt any signatures received electronically as original signatures of the parties. [SIGNATURE PAGE FOLLOWS] III IN WITNESS WHEREOF, the P arties hereto have executed this MOU as of the date set forth above. SIGNED, SEALED & DELIVERED THE CITY OF SAINT JOHN Donna Noade Reardon Mayor Jonathan Taylor City Clerk Common Council Resolution: THE GREATER SAINT JOHN COMMUNITY FOUNDATION: ��p 1 fi)"w Kelly Evans, President & CEO Per: THE DOMINION PARK COMMUNITY ASSOCIATIO Per: ®erg 'sSrr� COMMON COUNCIL REPORT M&C No. 2022-386 Report Date December 06, 2022 Meeting Date December 12, 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 Newport Crescent AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Brian Irving Melanie Tompkins John Collin RECOMMENDATION 1. That the Public Hearing to consider the passing of an amendment to the Street Closing By-law to Close a 3,471 square metre portion of a public street known as Newport Crescent, as shown on a Plan of Survey titled, "Portion of Newport Crescent" attached to M&C No. 2022-386, be set for March 6, 2023, 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 amendment, identified above; 3. In the event Common Council gives Third Reading to the above noted By - Law Amendment, that the City sell the property to United Church of Canada for $5,000.00, and that the purchaser: a. Prepare at its sole cost any plan of survey required to initiate the process for the stop -up and closure of a portion of Newport Crescent; and b. Pay all costs related to the conveyance of the property. 4. That the Mayor and City Clerk be authorized to execute the documents necessary to effect the transaction. 0I91 -2- EXECUTIVE SUMMARY The United Church of Canada owns land on both sides of a large portion of Newport Crescent. If Council agrees to stop up and close the requested portion of Newport Crescent, the United Church of Canada intends to attach the stopped up and closed portion of Newport Crescent to its adjacent parcels to support a large development. The United Church of Canada's intention is to develop town houses and a four-story apartment building. The purpose of this report is to seek Council's approval to commence the stop -up and closure process and convey the stopped up portion of street to the United Church of Canada. PREVIOUS RESOLUTION N/A REPORT The United Church of Canada owns land on both sides of a large portion of Newport Crescent. It aims to assemble that portion of Newport Crescent it is requesting be stopped up and closed with its adjacent parcels in order to develop town houses and a four-story apartment building. The area to be stopped up and closed is 3,471 sq. m. in total. This represents approximately 0.86 acres. The "market" for this land is limited as the portion of street which is proposed to be stopped up lies between lands owned by a single owner. The value to the proposed stop up and conveyance in this case lies in the fact that the purchaser, The United Church of Canada, intends to use the lands for a much -needed affordable housing development. That portion of Newport Crescent which is proposed to be stopped up will require a rezoning from Neighbourhood Community Facility (CFN) to Mid -Rise Residential (RM) to accommodate the proposed development. The proponent has filed the required rezoning application. Consistent with past projects involving both a street closure and rezoning, the rezoning application process and street closing process are occurring concurrently. A value of $5,000 plus HST has been negotiated for the proposed stopped up portion of Newport Crescent. This is consistent with recent conveyances of public lands to other developers that allow a larger and more complete development to occur. 021 -3- The project is set to begin in the spring of 2023 with an aggressively planned development horizon of 12-16 months. The overall project value is expected to be in the $20,000,000.00 range. STRATEGIC ALIGNMENT This project, if realized, would support 4 of Council's Priorities; Grow the tax base, along a bus route (Green), with an affordable focus (Belong) in a walkable neighborhood (Move). SERVICEAND FINANCIAL OUTCOMES All costs related to the process to consider the stop -up and closure of a portion of Newport Crescent, including all survey costs and fees associated with the subsequent land transaction, are the responsibility of the Purchaser. The City will receive a one-time payment of $5,000.00 for the sale of 3,471 square metres of land. Those lands, as well as the adjacent lands currently owned bythe purchaser, once developed, will contribute to the City's tax base. Road maintenance and plowing services will no longer be required on that portion of Newport Crescent once it is stopped up. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Growth and Community Services (Planning), Public Works and Transportation and Infrastructure Development have provided input into the preparation of this report and agree with the staff recommendation. ATTACHMENTS 1. Locate Plan; and 2. Plan of Survey. My W t� U O J N O Q N Z E E Y O O Ln 0 0 � O O O � I V O I* O O O 0-0 V, G r M N L N O 0 N 'N �o N � U m 3 �) 0 c) rn T Z a J LU N zW E a F LU o10 1 -_ - -- � - EL El o Eu g 00 - E i o-mmm - � �Qrg u� In a /oa fie° 6, \\ \\ y /< Ovo •oo®®�i b�®o a�� COMMON COUNCIL REPORT M&C No. 2022-375 Report Date December 08, 2022 Meeting Date December 12, 2022 Service Area Growth and Community Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT: Proposed Public Hearing Date: 92-94 Bon Accord Drive, 157 Starburst Lane, and 661 Dever Road AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Jennifer Kirchner Jacqueline Hamilton Brent McGovern RECOMMENDATION RESOLVED That Common Council schedule the public hearing for the Zoning By- law rezoning applications submitted by Zhao Jian for 92-94 Bon Accord Drive (PID: 00446310), Ashley King for 157 Starburst Lane (PID: 00408021) and for the Section 59 amendment application submitted by Teneo Ventures Ltd. for 661 Dever Road (PID: 4463729) for Monday, February 6, 2023 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 Zoning By-law amendment applications and Section 59 Conditions amendment application received and to recommend appropriate public hearing dates. The next available public hearing date is Monday, February 6, 2023. 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. REPORT In response to the motion above, this report indicates the applications received and recommends an appropriate public hearing date. Details of the applications 0M -2- are available in the Common Clerk's office and will form part of the documentation at the public hearing. The following application has been received for the February 6, 2023 Public Hearing date: Name of Location Existing Proposed Reason Applicant Zone Zone Zhao Jian 92-94 Bon Two -Unit Low -Rise To convert a 2- Accord Drive Residential Residential (RL) unit into a 4- (PID: 00446310) (R2) unit residential building. Ashley King 157 Starburst One -Unit Community To facilitate the Lane Residential Neighbourhood conversion of (PID: 00408021) (R1) Facility (CFN) an existing building into a day care centre. Name of Location Existing Reason Applicant Zone Teneo 661 Dever General The existing Section 59 Conditions Ventures Ltd. Road Commercial limit the use of the property to a (PID: 4463729) (CG) medical clinic and day care centre. The amendment would add Retail General and Dwelling Unit as permitted uses. This will facilitate the conversion of the existing day care centre into a retail space and the construction of a multi -building, 52-unit residential 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: • Facilitate a mix of affordable housing in all our neighbourhoods; • Grow our population at a rate of 2% annually by the end of Council's term; • Achieve 3% annual property tax base growth and ongoing work to increase the target. -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 AA COMMON COUNCIL REPORT M&C No. 2022-388 Report Date December 07, 2022 Meeting Date December 12, 2022 Service Area Strategic Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT: Esri Canada Consulting Service Request Order AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Evelyn Hatfield Stephanie Rackley-Roach Kevin Fudge John Collin RECOMMENDATION RESOLVED that the City enter a Service Request Order (SRO) with Esri Canada for time and materials -based consulting services up to $15,100 in the form attached to M&C No. 2022-388; and that the Mayor and City Clerk be authorized to execute said Agreement. EXECUTIVE SUMMARY The City currently has an ArcGIS Online Organization Platform ("Platform"); the Esri Performance Management solution can be deployed as part of this Platform at no additional costs for licensing or infrastructure. Led by the Corporate Performance Team with respect to design and content and utilizing the expertise of the City's GIS team to build and implement a dashboard, Esri Canada will be engaged to provide consulting services required for configuration. Leveraging the current investment and relationship with Esri Canada allows for the efficient build of a performance dashboard from both a financial and knowledge base perspective. PREVIOUS RESOLUTION N/A REPORT The City's Corporate Performance Team is developing a Corporate Performance Management System. A key deliverable of the system is to implement a public facing performance dashboard in the first quarter of 2023. The dashboard will inform the community on the City's progress towards meeting strategic goals and priorities by reporting on key performance indicators, highlights, and other supporting information. STRATEGIC ALIGNMENT 01:3 -2- The implementation of a public performance dashboard supports Council's Priority of Perform to be transparent and accountable and is one of the actions required to attain the objective to: establish a performance management program to achieve results and drive continuous improvement. Additionally, a public dashboard is a key component in meeting the goal of being accountable within the City's 10-Year Strategic Plan as part of implementing a corporate performance management and reporting system. SERVICE AND FINANCIAL OUTCOMES An hourly rate of $145 plus HST has been submitted by Esri Canada for consulting services with a $185 hourly rate for project management services. Once approved by Common Council, a purchase order will be created for $15,100 plus HST for 85 hours of consulting support and 15 hours of project management support to be billed based on time and materials used by the City. The City is not obligated to use all the hours should they not be required. The cost of the Esri consulting service is budgeted for in the 2023 Corporate Performance operating budget. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The General Counsel's Office has reviewed the Service Request Order. The Supply Chain Management service area is supportive of proceeding with Esri Canada for consulting support. The GIS and Information Technology Services have been consulted and are supportive of this agreement. Additionally, colleagues from both the City of Fredericton and Brampton were engaged as existing users of the Esri product and opportunities for peer learning have been established. ATTACHMENTS Esri Canada Consulting Service Request Order 061 oesnCanada Esri Canada Consulting Service Request Order Project Name: Performance Management Solution Configuration Support Services Customer Name: City of Saint John Date Submitted: September 30, 2022 Esri Canada Project Manager: Malcolm Blue Tel. #: 506-454-7773 Esri Canada Account Manager: Nick DeMerchant Tel. #: 506-454-7773 Customer Contact: Yves Leger Tel. #: 506-650-9392 Reason for Request / Business Benefit email: mblue@esri.ca email: ndemerchant@esri.ca email: yves.leger@saintjohn.ca The City of Saint John (City) council has set a goal for the City to implement a public -facing performance dashboard by the end of year. The Esri Performance Management solution has been identified for delivering the performance dashboard and have requested Esri Canada assistance in implementing the performance dashboard using this solution. Scope Statement / Description of Request In this project Esri Canada will provide a GIS Consultant to assist the team implementing the performance dashboard through the implementation and configuration of the Esri Performance Management solution. The work will be performed as Time and Material services under the direction of the City team. Esri Canada Services: 1. Deploy the Esri Performance Management solution in the City of Saint John ArcGIS Online organization 2. Demonstrate the out -of -the -box Performance Management solution capabilities to the City's Performance Dashboard team 3. Communicate Performance Management solution requirements and limitation to the City's Performance Dashboard team 4. Configure the solution based on the City's specifications, including: a. Configure Performance Management Dashboard b. Configure Performance Management Mobile Dashboard c. Configure Hub site initiative pages with content provided by the City d. Configure Performance Management Survey 5. Create a French version of the Performance Management solution Page11f3 9 oesnCanada 6. Assist the City with loading performance boundaries and performance metric tables 7. Knowledge transfer to up to 3 City staff, including: a. Simple written instructions for maintaining content (approximately 2 to 4 pages) b. Remote, on-line demonstration showing update of content (Site initiative pages, boundary data, metric tables and dashboard content) City of Saint John Responsibilities: 1. The City will provide content for Hub site initiative pages, including performance indicators, strategic outcomes, etc. 2. The City will provide data to be used in the Performance Dashboard, including dashboard boundaries and metric table data. 3. The City will provide translation for creating the French version of the solution, including Hub Site content, labels and text. 4. The City will provide Esri Canada's GIS Consultant with creator or administrator access to the City's ArcGIS Online Organizational account. 5. Provide approvals or feedback within 2 days of a demonstration of new configuration options, dashboard elements or web site content 6. Provide approvals or feedback within 5 days of receiving a deliverable 7. The City will have up to 3 staff participate in the knowledge transfer session for the Performance Management solution Special Constraints/Considerations: 1. The Performance Management Solution will be implemented in ArcGIS Online 2. All work will be performed remotely 3. All meetings will be conducted remotely via video conference. 4. The Esri Canada GIS Consultant will be provided with access to Saint John's ArcGIS Online Organization with creator or administrator privileges. 5. Esri Canada resources will be assigned to this project once this service request has been signed by the City 6. Work will be performed on a Time and Materials basis to provide flexibility for the City team. 7. In the event Esri Canada reaches the upper limit of time budgeted for either resource performing this work, i.e. 85 hrs for the GIS Consultant and 15 hrs for the Senior Project Manager, the City will have the option to increase the budget to continue the work. Page12Cdf 9 O esn Canada Planned Resources City of Saint John Project Resources Resource Name Role Yves Leger GIS Manager TBD Technical Lead TBD SME Esri Canada Project Resources Resource Name Role TBD Senior Project Manager TBD GIS Consultant Cost C�immar�� Role Description Effort (hrs.) Hourly Rate Total Estimated Cost Sr. Project Manager 15 $ 185.00 2,775.00 GIS Consultant 85 $ 145.00 12,325.00 Total Consulting Cost 15,100.00 Travel Time $ 87.00 - Estimated Expenses Total Cost 15,100.00 Service Type: ® Time & Materials Payment Terms & Conditions Costs are quoted in Canadian funds. Payment must be made within 30 days of Customer's receipt of an Esri Canada invoice. If any estimated expenses or estimated travel disbursements for Esri Canada resources are described above, they will be invoiced at actual cost. Page1302 9 O esn Canada Project Contact Information Customer Address: 175 Rothesay Avenue Saint John, NB E2J 2B4 Customer Ship -to Contact Name/Address: Yves Leger 175 Rothesay Avenue Saint John, NB E2J 2B4 Customer Invoice -to Contact Name/Address: Yves Leger 175 Rothesay Avenue Saint John, NB E2J 2B4 Esri Canada Address: 606-1496 Bedford Hwy Halifax, NS, B4A 1E5 Esri Canada Contact Name: Malcolm Blue ME oesnCanada CONSULTING SERVICE REQUEST TERMS AND CONDITIONS Services provided by Esri Canada Limited ("Esri Canada", we", "us" or "our" as applicable) under this Esri Canada Consulting Service Request Order ("Order") to the customer named under the Order ("Customer", "you" or "your" as applicable) are subject to the following terms and conditions ("Agreement"): PERFORMANCE STANDARDS 1. Esri Canada will provide the services described in the Order ("Services") in accordance with this Agreement. 2. Esri Canada will ensure that all persons we employ or retain to perform the Services are competent to perform them and are properly trained, instructed, and supervised. WARRANTIES AND DISCLAIMERS 3. Esri Canada warrants the Services we provide to you will be materially consistent with the Services description in the Order. 4. Esri Canada warrants the Services we provide to you will be performed using commercially reasonable care and skill. 5. You understand and agree that these warranties are the exclusive or only warranties given by Esri Canada for the Services. These exclusive warranties replace all other warranties, including the implied warranties or conditions under law of satisfactory quality, merchantability, non -infringement, and fitness for a particular purpose. Except for these exclusive warranties all Services we perform are provided "as is". 6. You are solely responsible for the manner of your use of the Services we provide and you agree that Esri Canada will have no obligation or liability to you under this Agreement for your use of the Services. DELIVERY PERIODS AND ACCESS 7. You agree that any dates or time periods Esri Canada provides for the performance of Services under this Order are estimated dates or time periods which we may extend to account for any delays caused or occasioned by you or your representatives or by any event or circumstance outside our control. 8. We may request access to your premises or infrastructure to perform the Services. If we make this request you must allow us reasonable access as applicable to enable us to properly perform the W oesnCanada Services. If you require us to meet any of your applicable access requirements including security requirements, you must inform us in writing of any such requirements. ACCEPTANCE 9. If you do not inform us otherwise in writing within ten (10) days following our delivery of the Services to you, we will treat the Services as properly performed and accepted by you. CONFIDENTIALITY 10. Each party acknowledges that it may receive confidential information from the other party during the course of our performance of the Services and this Agreement. 11. Confidential information will only include such information classified as confidential by the disclosing party or which should reasonably be regarded as confidential. 12. Confidential information will not include any information which is: (i) publicly available at the time of disclosure; or (ii) subsequently becomes publicly available through no fault of the receiving party; or (iii) is lawfully obtained by the receiving party from another third party without any obligation of confidentiality. 13. Each party receiving confidential information agrees: (i) to maintain the secrecy of the other party's confidential information; (ii) to use such confidential information only for the purpose of performance of this Order; (iii) not to disclose such confidential information to any other person except for those who need to know such information because of the performance of the Services and to bind such persons in writing to keep such information confidential. PRIVACY 14. Esri Canada will not require any personal information from you for our performance of the Services unless we expressly say so in the Order. If we agree to accept any personal information from you under this Agreement, you must inform us in writing every time you deliver such personal information to us during the course of this Agreement. PAYMENT, TRAVEL AND EXPENSES AND TAXES 15. You must pay Esri Canada the prices we have quoted in the Order for the Services in accordance with the pricing and payment terms set out in the Order and this Agreement o esn Canada 16. Except quoted in this Order, our prices do not include travel and expenses. 17. The prices we quoted for the Services do not include any provincial, local, and other taxes (except for income taxes payable by us). If such taxes become applicable to the Services, you must pay any such applicable tax as soon as you receive our written notice that such tax is due. NON -HIRE OF CONTRACTOR PERSONNEL 18. You will not solicit for hire any Esri Canada personnel or technical staff, who are associated with the Services we provide under this Order, for a period of one (1) year after such Services are provided. NON -RESTRICTION OF CONTRACTOR BUSINESS 19. You understand that Esri Canada also provides professional services for businesses other than yours including businesses in the same industry as yours. You agree that this Order does not prohibit Esri Canada from representing or performing professional services for such other businesses. LIMITATION OF LIABILITY 20. Esri Canada's entire liability for all claims in the aggregate arising from our performance of this Agreement or your use of the Services we provide will not exceed the amount of any actual direct damages up to the amounts paid for any such Services that are the subject of the claim, regardless of the basis of the claim. This limit applies collectively to Esri Canada, its subsidiaries and contractors. Esri Canada will not be liable for special, incidental, exemplary, indirect or economic consequential damages, lost profits, business, revenue, goodwill, or anticipated savings incurred in connection with the Services or this Agreement. FORCE MAJEURE 21. Neither party will be liable for any failure of or delay in the performance of its obligations hereunder (except in relation to obligations to make payments) for the period that such failure or delay is due to causes beyond its reasonable control. Such causes may include, but are not limited to, an act of God, cyber-attack, major disruption a public infrastructure system, natural disaster, major power outage, epidemic, public health emergency, act of government or court order. Cell]�1�:7►11►[else\TiT/e\►1��11J:��yU[��[U►. 22. The performance of this Order and this Agreement is governed by the laws of the Province or Territory where the Services are performed and the applicable laws of Canada. Page16 9 o esn Canada 23. All disputes arising out of or in connection with this Agreement or in respect of any defined legal relationship associated with it or derived from it must, unless the parties otherwise agree, be referred to and finally resolved by arbitration under the applicable arbitration laws and within the jurisdiction of the Province or Territory where the Services are performed. ACKNOWLEDGMENT 24. You acknowledge receipt and accept that the terms and conditions of this Agreement form our entire agreement. This Agreement is effective as of the date of last signature below unless otherwise specified in the customer's Order. The parties may execute this Agreement in counterparts or via electronic signatures. Any such execution is valid even if the original paper document bearing both parties' original signatures is not delivered. Any amendments to this Agreement must be in writing under a separate agreement created for such purpose and signed by an authorized representative of each party. For clarity, any additional or superseding terms contained in any purchase order or other standard form documentation issued by you during the ordering process, other than non -conflicting product descriptions, quantities and pricing, will not apply and are of no effect. No such terms override the terms of this Agreement irrespective of the date of issuance of such ordering process documentation or any performance or action by Esri Canada unless Esri Canada expressly agrees in writing. APPROVAL SECTION Customer approval for Esri Canada to begin work in accordance with the requirements of this Order and the terms and conditions of this Agreement. (Customer) By: Signature Name and Position Signature Date M E0; O esn Canada Esri Canada Limited By: Signature Craig Macl-achlan, Professional Services Manager Name and Position Dec. 8t", 2022 Signature Date ME COUNCIL REPORT M&C No. 2022-339 Report Date December 07, 2022 Meeting Date December 12, 2022 Service Area Utilities and Infrastructure Services Her Worship Mayor Donna Noade Reardon and Members of Council SUBJECT. Direct Engagement for Engineering Services: Market Square Parking Garage — Detailed Flood Investigation 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 CBCL Consulting Limited (CBCL), for engineering investigation and preliminary design services for the Market Square Parking Garage — Detailed Flood Investigation in the amount of $99,820.00 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 within and around Market Square Parking Garage includes data collection and an investigation of existing condition of storm and sanitary piping in the Market Square Parking Garage and surrounding area. The purpose of this report is to recommend that Council award the contract for Engineering Services for investigation and conceptual design for the Market Square Parking Garage — Detailed Flood Investigation project to CBCL Limited. 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. `tole.] -2- May 30, 2022: M&C 2022-191 — Utility Fund (Revision 1) and General Fund (Revision 11) — 2022 Capital Programs, approved. REPORT BACKGROUND The approved 2022 General Fund Capital Program includes funding for investigation and conceptual design for the Market Square Parking Garage Detailed Flood Investigation. The investigation will commence immediately following award of the Engineering Services and execution of the subsequent Agreement. A Request for Proposal (RFP) was advertised in the spring of 2022 to engage an Engineering Firm to conduct the following services for the project: • PartA —Site Surveys, Preliminary Investigation and Data Collection • Part B — Preliminary Design, Cost Estimates and Design Report No responses were received for that RFP and CBCL was subsequently directly engaged to provide a technical and financial proposal. Iall ilk] Z01.10 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 17, 2022, with no responses received from any engineering company. In accordance with the City's Procurement Policy for Engagement of Professional Services, CBCL was subsequently directly engaged to provide a technical and financial proposal based on the RFP. The submission from CBCL Limited met all the requirements of the proposal call, in a manner acceptable to staff 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 proposal not to exceed the Recommended Hourly Rates as contained in The Association of Consulting Engineering Companies — New Brunswick. fisK -3- STRATEGIC ALIGNMENT This report aligns with Council's Priorities for GREEN and PERFORM as the project involves investigating the sanitary and storm sewer systems within and around the Market Square Parking Garage. The investigation will result in updated existing records, a re -calibrated hydraulic model, an estimate of probable cost, and conceptual designs complete with recommended changes and improvements to eliminate or reduce the probability of the Market Square Parking Garage flooding during rain events that coincide with high tides. The impacts of climate change on the existing Market Square Parking Garage and surrounding area sewer systems will also be investigated. SERVICEAND FINANCIAL OUTCOMES The proposed cost of work from CBCL Limited to provide engineering investigation and conceptual design services for the Market Square Parking Garage — Detailed Flood Investigation project is $99,820.00 including HST. An amount of $100,000 in funding is included in the 2022 General Fund Capital Program for engineering investigation and conceptual design services for this project. Assuming award of the Contract to CBCL Limited, an analysis was completed which includes the estimated amount of work that will be performed by the Consultant. The analysis is as follows: Budget Envelope $ 100,000.00 Investigation/Conceptual Design net cost $ 90,520.00 Variance (Surplus) $ 9,480.00 INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Supply Chain Management facilitated the original RFP process to solicit proposals from Engineering Consultants for the Market Square Parking Garage — Detailed Flood Investigation project for which no responses were received. Subsequently, Utilities and Infrastructure (Engineering) was tasked with the role of direct engagement of a qualified engineering firm and reviewing their submission against the proposal evaluation criteria as defined in the proposal call document. In accordance with the City's policies and procedures, an assessment by Utilities and Infrastructure (Engineering) staff of CBCL's submission was completed. 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 111 D '� r r I l jl COMMON COUNCIL REPORT M&C No. 2022-377 Report Date December 05, 2022 Meeting Date December 12, 2022 Service Area Growth and Community Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT: Designation of Building Inspectors and City Inspectors for the Administration and Enforcement of the Building By-law AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Christopher McKiel J Hamilton /A Poffenroth Brent McGovern RECOMMENDATION It is recommended that Common Council adopt the attached resolution appointing members of the Growth and Community Services department as building inspectors or city inspectors to administer and enforce the Building By- law, By-law Number BC-1. EXECUTIVE SUMMARY The purpose of this report is to designate members of the Growth and Community Services department as building inspectors or city inspectors. These designations are necessary for the administration and enforcement of the Building By-law, By- law Number BC-1 (the "Building By-law"). PREVIOUS RESOLUTION N/A REPORT Due to changes in provincial legislation and an updated Building By-law, it is necessary to designate members of the Growth and Community Services department as building inspectors or city inspectors. These designations are necessary for the administration and enforcement of the Building By-law. In doing so, they will be authorized to: `spa -2- • Enter, at any reasonable time, any building or real property in the area for which the inspector has the responsibility of conducting inspections; • When construction or demolition work is undertaken in contravention of the Building By-law, the Building Code Administration Act or its regulations, order the cessation of the construction or demolition work, alteration of the construction or demolition work to remove the contravention, and taking any other action required to make the building or real property safe; • Issue building permits and demolition permits pursuant to the Building By- law; and • Lay informations in the Provincial Court of the Province of New Brunswick for violations of the Building By-law. STRATEGIC ALIGNMENT This report aligns with Council's "Growth", "Belong" and "Perform" Priorities. SERVICEAND FINANCIAL OUTCOMES N/A INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The General Counsel Office has reviewed the attached resolution. ATTACHMENTS Resolution appointing Amy Poffenroth, Pamela Bentley, Christopher McKiel, Benn Purinton, Mark O'Leary, Denessa Pollock, Vincent Chan, Dennis Richard, Philip Mitton, Darren Brown, Brad Crowell, Jana Coes, and Katelyn Davis as either building inspectors or city inspectors. `m[g] COMMON COUNCIL / CONSEIL COMMUNAL December 12, 2022 / le 12 decembre 2022 RESOLVED, that as recommended by the City Manager, the following resolution be adopted: 1. WHEREAS the Common Council of The City of Saint John has enacted a by-law pursuant to the authority of the Building Code Administration Act, S.N.B. 2020, c. 8, and amendments thereto, (the "Building Code Administration Act"), namely the Building By-law, By-law Number BC-1 and amendments thereto (the "Building By- law"), and it is necessary to appoint building inspectors, acting building inspectors, deputy building inspectors and city inspectors for the administration and enforcement of this By-law; NOW THEREFORE BE IT RESOLVED, that Amy Poffenroth, is hereby appointed as building inspector, effective immediately, and this appointment shall continue until she ceases to be an employee of the Growth and Community Services department of The City of Saint John or until rescinded by Common Council, whichever comes first; AND BE IT FURTHER RESOLVED, that Christopher McKiel, is hereby appointed as acting deputy building inspector, effective immediately, and this appointment shall continue until he ceases to be an employee of the Growth and Community Services department of The City of Saint John or until rescinded by Common Council, whichever comes first; AND BE IT FURTHER RESOLVED, that Pamela Bentley, is hereby appointed as deputy building inspector, effective immediately, and this appointment shall continue until she ceases to be an employee of the Growth and Community Services department of The City of Saint John or until rescinded by Common Council, whichever comes first; AND BE IT FURTHER RESOLVED, that Amy Poffenroth, Pamela Bentley, Christopher McKiel, Denessa Pollock, Vincent Chan, Philip Mitton, Dennis Richard, Darren Brown, Brad Crowell, Katelyn Davis, Jana Coes, Mark O'Leary and Benn Purinton, are hereby appointed as city inspectors, effective immediately, and this appointment shall continue until they cease to be an employee of the Growth and Community Services department of The City of Saint John or until rescinded by Common Council, whichever comes first. 2. WHEREAS the Common Council of The City of Saint John has enacted a by-law pursuant to the authority of the Building Code Administration Act, S.N.B. 2020, c. 8, and amendments thereto, (the "Building Code Administration Act"), namely the Building By-law, By-law Number BC-1 and amendments thereto (the "Building By- ` E111 COMMON COUNCIL / CONSEIL COMMUNAL December 12, 2022 / le 12 decembre 2022 law"), and it may from time to time be necessary to make orders for the administration of this By-law; AND WHEREAS subsection 28(1) of the Building By-law provides that if work or demolition is undertaken in contravention of this By-law, the Building Code Administration Act or its regulations, the building inspector or any other person so authorized by Council may make, in writing, one or more of the following orders: cessation of the construction or demolition work, alteration of the construction or demolition work to remove the contravention; and taking any other action required to make the building or real property safe; NOW THEREFORE BE IT RESOLVED, that Amy Poffenroth, Pamela Bentley, Christopher McKiel, Denessa Pollock, Vincent Chan, Philip Mitton, Dennis Richard, Darren Brown, Brad Crowell, Katelyn Davis, Jana Coes, Mark O'Leary and Benn Purinton, are hereby authorized to, when work or demolition is undertaken in contravention of this By-law, the Building Code Administration Act or its regulations, order the cessation of the construction or demolition work, alteration of the construction or demolition work to remove the contravention, and taking any other action required to make the building or real property safe, effective immediately, and this authorization shall continue until they cease to be an employee of the Growth and Community Services department of The City of Saint John or until rescinded by Common Council, whichever comes first. 3. WHEREAS the Common Council of The City of Saint John has enacted a by-law pursuant to the authority of the Building Code Administration Act, S.N.B. 2020, c. 8, and amendments thereto, (the "Building Code Administration Act"), namely the Building By-law, By-law Number BC-1 and amendments thereto (the "Building By- law"), and it may from time to time be necessary to issue building permits or demolition permits under this By-law; AND WHEREAS section 10(1) of the Building By-law provides that a person so authorized by Council shall issue a building permit or modified a building permit under subsections 9(1), 9(2) and 9(3); AND WHEREAS section 24(1) of the Building By-law provides that a person so authorized by Council shall issue a demolition permit to an applicant when certain requirements are met; 2 `sM COMMON COUNCIL / CONSEIL COMMUNAL December 12, 2022 / le 12 decembre 2022 NOW THEREFORE BE IT RESOLVED, that Amy Poffenroth, Pamela Bentley, Christopher McKiel, Denessa Pollock, Vincent Chan, Philip Mitton, Dennis Richard, Darren Brown, Brad Crowell, Katelyn Davis, Jana Coes and Benn Purinton are hereby authorized to issue building permits and demolition permits, effective immediately, and this authorization shall continue until they cease to be an employee of the Growth and Community Services department of The City of Saint John or until it is rescinded by Common council, whichever comes first. 4. WHEREAS the Common Council of The City of Saint John has enacted a by-law pursuant to the authority of the Building Code Administration Act, S.N.B. 2020, c. 8, and amendments thereto, (the "Building Code Administration Act"), namely the Building By-law, By-law Number BC-1 and amendments thereto (the "Building By- law"), and it may from time to time be necessary to commence proceedings in the Provincial Court of the Province of New Brunswick, when a person has violated or failed to comply with this By-law; AND WHEREAS paragraph 16(1) of the Building Code Administration Act provides that subject to subsection 16(2), for the purposes of Part 2 of the Provincial Offences Procedure Act, a person who violates or fails to comply with a provision of a building by-law or a regulation commits an offence punishable as a category B offence; NOW THEREFORE BE IT RESOLVED, that Amy Poffenroth, Pamela Bentley, Christopher McKiel, Denessa Pollock, Vincent Chan, Philip Mitton, Dennis Richard, Darren Brown, Brad Crowell, Katelyn Davis, Jana Coes and Benn Purinton are hereby authorized to lay informations in the Provincial Court of the Province of New Brunswick for violations of the Building By-law, the Building Code Administration Act or its regulations, effective immediately, and this authorization shall continue until they cease to be employees of the Growth and Community Services department of The City of Saint John or until it is rescinded by Common Council, whichever comes first. 3 `§1.1 COUNCIL REPORT M&C No. 2022-383 Report Date December 06, 2022 Meeting Date December 12, 2022 Service Area Utilities and Infrastructure Services Her Worship Mayor Donna Noade Reardon and Members of Council SUBJECT. Contract No. 2022-085102Q — Shamrock Park Field Score Clock AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Cameron Whitcomb J. Brent McGovern / Michael Baker John Collin RECOMMENDATION It is recommended that: A) Council approve reallocating $50,000.00 from the funding from the 2021 Visart Street Capital Project to the Shamrock Park Field Score Clock project (Facility Renewal Fund Project) to offset the projected budget variance as outlined in this report, and, B) Contract 2022-085102Q: Shamrock Park Field Score Clock be awarded to the low bidder, W&S General Contractors Ltd., at the bid price of $153,497.40 (including HST) as calculated based upon estimated quantities. EXECUTIVE SUMMARY The purpose of this report is to recommend that Council award Contract 2022- 085102Q: Shamrock Park Field Score Clock to the contractor with the low bid. PREVIOUS RESOLUTION July 26, 2021: M&C 2021-221 — Utility and General Fund — 2021 Capital Program, Revision III, approved. -2- REPORT BACKGROUND The approved 2021 General Fund Capital Program includes funding for a new score clock for the Shamrock Park Field. The work for this portion of the project involves construction of the score clock foundation, installation of the City supplied score clock and the required trenching and electrical work to power the score clock. This project is partially funded under the Community Development Fund. A Request for Quote (RFQ) was issued to engage qualified individuals/firms to provide quotations for the installation of a pre -purchased score clock at the Shamrock Park Field. FINANCIAL IMPLICATIONS The proposed cost of work from W&S General Contractors Ltd. for installation services for the Shamrock Park field score clock is $153,497.40 including HST. An amount of $150,000 of Capital funding (50% Other Share / 50% City Share) is included in the 2021 General Fund Capital Program to complete the score clock installation project. The score clock has already been purchased by the City and is currently scheduled to be delivered in February 2023 An analysis has been completed which includes the estimated amount of work for this project (performed by the Contractor and Others). The analysis is as follows: Budget Envelope $ 150,000.00 Project Net Cost $ 200,000.00 Variance (Shortfall) $ 50,000.00 The shortfall is proposed to be addressed bythe following funding reallocation. Reallocate $50,000.00 from the left -over funding from the 2021 Visart Street Capital Project to the Shamrock Park Field Score Clock project (Facility Renewal Fund Project) in accordance with the Capital Budget Policy. It is speculated that the contractors' bids are much higher than the engineer's estimate due to a combination of market conditions, winter construction and a short construction window. It should be noted that the City is completing this work over the winter months in an effort to have the score clock installed prior to the funding deadline for the project of March 31, 2023. `§F:3 -3- STRATEGIC ALIGNMENT This project aligns with Council's priorities of GROW and BELONG as the project involves upgrading the City's only artificial turf field owned and maintained by the City. The addition of the score clock improves the experience to all participants and spectators that use the field for organized sporting events. SERVICEAND FINANCIAL OUTCOMES Shamrock Park Turf Field does not currently have a score clock. Installing a modern score clock will increase the utilization of the field, promoting recreation and fitness. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS — SUPPLY CHAIN MANAGEMENT Supply Chain Management facilitated the RFQ process, with the RFQ being issued on November 21, 2022, and closing on December 1, 2022, with the following results (including HST): Bidder Amount W&S General Contractors Ltd. $153,497.40 The Engineer's estimate for the work from was $80,735.18 including HST. The bids were reviewed by both staff and the project consultant and the submission from W&S General Contractors Ltd. was found to be formal in all respects. Staff is of the opinion that the low bidder has the necessary resources and expertise to perform the work and recommend acceptance of their bid. The RFQ process for this project was completed in accordance with the City's Procurement Policy and Supply Chain Management supports the recommendation being put forth. It should be noted that a second quotation was received but was rejected as it did not comply with the mandatory requirements of the RFQ documents. The bid from W&S General Contractors Ltd was the low bid when the submissions were being reviewed for compliance. ATTACHMENTS N/A Mel COMMON COUNCIL REPORT M&C No. 2022-372 Report Date November 28, 2022 Meeting Date December 12, 2022 Service Area Growth and Community Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT. Designation of By-law Enforcement Officers AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Amy Poffenroth J Hamilton /A Poffenroth J. Brent McGovern RECOMMENDATION It is recommended that Common Council adopt the attached resolution appointing Jeremy Clack and Brittany Estey as by-law enforcement officers for various City By-laws. EXECUTIVE SUMMARY The purpose of this report is to designate Jeremy Clack and Brittany Estey as by- law enforcement officers for the various by-laws which are enforced by the Growth and Community Services department. In doing so, they will be authorized to: • Administer and enforce certain by-laws that fall within the scope of the Local Governance Act and the Community Planning Act; • Lay informations in Provincial Court with respect to the enforcement of certain by-laws that fall within the scope of the Local Governance Act and the Community Planning Act. • Conduct inspections pertaining to the enforcement of certain by-laws that fall within the scope of the Local Governance Act and the Community Planning Act. PREVIOUS RESOLUTION N/A `Wel -2- REPORT It is necessary at this time to designate Jeremy Clack and Brittany Estey as by-law enforcement officers by adopting the attached resolution so that they may carry out their duties pertaining to enforcement of the Street Excavation By-law, the Use of Sidewalks By-law, the Flood Risk Area By-law, the Drainage By-law and the Water and Sewerage By -Law. STRATEGIC ALIGNMENT This report aligns with Council's "Growth" and "Belong" Priorities. SERVICEAND FINANCIAL OUTCOMES N/A INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The General Counsel's Office has reviewed the attached resolution. ATTACHMENTS Resolution appointing Jeremy Clack and Brittany Estey as by-law enforcement officers 121 COMMON COUNCIL / CONSEIL COMMUNAL December 12, 2022 / le 12 decembre 2022 RESOLVED, that as recommended by the City Manager, the following resolution be adopted: 1. WHEREAS the Common Council of The City of Saint John has enacted certain by- laws pursuant to the authority of the Local Governance Act, S.N.B. 2017 c.18, and amendments thereto (the "Local Governance Act"), including By-law Respecting the Use of Sidewalks within the City of Saint John, By-law Number LG-13 (the "Use of Sidewalks By -Law"), A By-law Respecting Water and Sewerage, By-law Number M-16 (the "Water & Sewerage By-law"), A By-law Respecting Excavation of Streets in the City of Saint John, By-law Number LG-11 (the "Street Excavation By -Law") and all amendments thereto, and it may from time to time be necessary to commence proceedings in the Provincial Court of the Province of New Brunswick, when a person has violated or failed to comply with said By-laws; AND WHEREAS section 72 of the Local Governance Act provides that a council may appoint by-law enforcement officers for the local government and may determine their terms of office; AND WHEREAS subsection 150(1) of the Local Governance Act provides that proceedings for breach of a by-law shall be commenced in the name of the clerk of the local government or such other person as is designated for that purpose by the council; NOW THEREFORE BE IT RESOLVED, that Jeremy Clack and Brittany Estey are hereby appointed as by-law enforcement officers with respect to the enforcement of the Use of Sidewalks By-law, Water & Sewerage By-law and Street Excavation By -Law, effective immediately, and this appointment shall continue until they cease to be employees of the Growth and Community Services department of The City of Saint John or until it is rescinded by Common Council, whichever comes first; AND BE IT FURTHER RESOLVED, that Jeremy Clack and Brittany Estey are hereby designated and authorized to lay informations in the Provincial Court of the Province of New Brunswick for breach of the Use of Sidewalks By-law, Water & Sewerage By-law and Street Excavation By -Law, effective immediately, and this designation and authorization shall continue until they cease to be employees of the Growth and Community Services department of The City of Saint John or until it is rescinded by Common Council, whichever comes first. 2. WHEREAS the Common Council of The City of Saint John has enacted certain by- laws pursuant to the authority of the Local Governance Act, S.N.B. 2017 c.18, and ` 61 COMMON COUNCIL / CONSEIL COMMUNAL December 12, 2022 / le 12 decembre 2022 amend mentsthereto (the "Local Governance Act"), including By-law Respecting Drainage in the City of Saint John, By-law Number M-32 (the "Drainage By -Law"), and all amendments thereto, and it may from time to time be necessary to commence proceedings in the Provincial Court of the Province of New Brunswick, when a person has violated or failed to comply with said By-law; AND WHEREAS section 72 of the Local Governance Act provides that a council may appoint by-law enforcement officers for the local government and may determine their terms of office; AND WHEREAS subsection 150(1) of the Local Governance Act provides that proceedings for breach of a by-law shall be commenced in the name of the clerk of the local government or such other person as is designated for that purpose by the council; NOW THEREFORE BE IT RESOLVED, that Jeremy Clack is hereby appointed as by-law enforcement officer with respect to the enforcement of the Drainage By -Law, effective immediately, and this appointment shall continue until they cease to be employees of the Growth and Community Services department of The City of Saint John or until it is rescinded by Common Council, whichever comes first; AND BE IT FURTHER RESOLVED, that Jeremy Clack is hereby designated and authorized to lay informations in the Provincial Court of the Province of New Brunswick for breach of the Drainage By -Law, effective immediately, and this designation and authorization shall continue until they cease to be employees of the Growth and Community Services department of The City of Saint John or until it is rescinded by Common Council, whichever comes first. 3. WHEREAS, the Common Council of The City of Saint John has enacted certain by- laws pursuant to the authority of the Community Planning Act, S.N.B 2017, c. 19, and amendments thereto, (the "Community Planning Act"), including the City of Saint John Flood Risk Areas By-law, By-law Number C.P. 11 and amendments thereto, and it may from time to time be necessary to commence proceedings in the Provincial Court of the Province of New Brunswick, when a person has contravened or failed to comply with this By-law; AND WHEREAS paragraph 137(a) of the Community Planning Act provides that no person shall violate or fail to comply with a provision of a by-law made under this Act; 2 W191 COMMON COUNCIL / CONSEIL COMMUNAL December 12, 2022 / le 12 decembre 2022 AND WHEREAS section 139 of the Community Planning Act provides that proceedings for an offence under this Act shall be commenced in the name of the Minister or the clerk of the local government or any other person who is designated for that purpose by the council; NOW THEREFORE BE IT RESOLVED, that Jeremy Clack is hereby designated and authorized to lay informations in the Provincial Court of the Province of New Brunswick for breach of the City of Saint John Flood Risk Areas By-law, effective immediately, and this appointment and authorization shall continue until they cease to be employees of the Growth and Community Services department of The City of Saint John or until it is rescinded by Common Council, whichever comes first. 3 ME Staff Recommendation for Council Resolution Property: 51 Heather Way Public Hearing: December 12, 2022 Item Required: Recommendation (Y/N) Municipal Plan No Amendment Zoning By -Law Yes That Common Council give 1St and 2nd reading to an Amendment Amendment to the Zoning by-law which rezones a parcel of land having an area of approximately 3583 square metres, located at 51 Heather way, also identified as a portion of PID Number 55124341: from Two -Unit Residential (1112) to Local Commercial (CL). Other No 3rd Reading Item: Required: Recommendation (Y/N) Municipal Plan No Amendment Zoning By -Law Yes That Common Council give 3rd reading to an Amendment to Amendment the Zoning by-law which rezones a parcel of land having an area of approximately 3583 square metres, located at 51 Heather way, also identified as a portion of PID Number 55124341: from Two -Unit Residential (1112) to Local Commercial (CL). Recission of Yes a) Prior to any blasting taking place on the property, Previous s. 39/s. inspections must be performed on all homes adjacent to 59 Conditions the development and those separated from the development by a street; and b) Blasting only occur between the hours of 7:00 a.m. to 7:00 p.m. Monday to Friday; and c) Testing of wells before and after the development be carried out. Section 59 Yes a) The development and use of the parcel of land be in Conditions accordance with detailed building elevation and site plans, 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 and bicycle parking, loading areas, landscaping, amenity spaces, signs, exterior lighting, and other such site features; i) That the proposed development incorporates pedestrian connections between the building and the parking lot and between the building and the public sidewalk located on Heather Way; ii) That the proposed development include the installation of directional signage to establish the traffic flow allowed at each of the two proposed street accesses; iii) The above elevation and site plans be attached to the permit application for the development of the parcel of land. b) That the parcel of land be developed and maintained in accordance with an engineering storm water drainage plan and design report, prepared by a professional engineer on behalf of the proponent and subject to the approval of the Chief City Engineer, and that such approved plan and report be attached to any development and/or building permit for the proposed development; c) Should any municipal infrastructure improvements be required to service this proposal, it will be the owner/developer's full responsibility and cost to complete. Prior to determining the requirement for any municipal infrastructure improvements, detailed engineering plans and a design brief must be submitted by the owner/developer's engineering consultant to the City for review and approval; Section 59 No Agreement Section 131 No Agreement Other No IiPU PLANNING ADVISORY COMMITTEE November 16, 2022 Her Worship Mayor Donna Noade Reardon and Members of Common Council Your Worship and Councillors: SUBJECT: Proposed Rezoning and Subdivision 51 Heather Way On October 17, 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 November 15, 2022 meeting. The City of Saint John No members of the public appeared to speak in favor or opposition. Though the committee was supportive of the application, some had questions about details of the daycare center. Some members of the committee including the chair noted that the applicant should have been present to address questions. They recommend that city staff get in touch with the applicant to encourage them to be in attendance at the council meeting's public hearing should questions arise, and also to show their support. One letter was received in support regarding this proposal. RECOMMENDATION: That Common Council rezone a parcel of land having an area of approximately 3583 square metres, located at 51 Heather Way, also identified as a portion of PID Number55124341, from Two -Unit Residential (R2) to Local Commercial (CL). 2. That Common Council, rescind the conditions imposed on the March 17, 2008, rezoning of the property located at 51 Heather Way, also identified as PID 55124341. Page 1 of 3 127 Andrew MacDonald 51 Heather Way November 15, 2022 3. That 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 3583 square metres, located at 51 Heather Way, also identified as portions of PID Number 55124341; a) The development and use of the parcel of land be in accordance with detailed building elevation and site plans, 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 and bicycle parking, loading areas, landscaping, amenity spaces, signs, exterior lighting, and other such site features; i. That the proposed development incorporates pedestrian connections between the building and the parking lot and between the building and the public sidewalk located on Heather Way. ii. That the proposed development include the installation of directional signage to establish the traffic flow allowed at each of the two proposed street accesses. iii. The above elevation and site plans be attached to the permit application for the development of the parcel of land. b) That the parcel of land be developed and maintained in accordance with an engineering storm water drainage plan and design report, prepared by a professional engineer on behalf of the proponent and subject to the approval of the Chief City Engineer, and that such approved plan and report be attached to any development and/or building permit for the proposed development; c) Should any municipal infrastructure improvements be required to service this proposal, it will be the owner/developer's full responsibility and cost to complete. Prior to determining the requirement for any municipal infrastructure improvements, detailed engineering plans and a design brief must be submitted by the owner/developer's engineering consultant to the City for review and approval; 4. That Common Council assent to the submitted subdivision plan, in general accordance with the submitted tentative plan with respect to any required Local Government Services Easements. 5. That Common Council accept money -in -lieu of Land for Public Purpose dedication. Page 2 of 3 128 Andrew MacDonald 51 Heather Way November 15, 2022 Respectfully submitted, Alex Weaver Crawford Chair Attachments Page 3 of 3 129 The City of Saint Jahn Date: November 10, 2022 To: Planning Advisory Committee From: Growth and Community Development Services Meeting: November 15, 2022 SUBJECT Applicant: Andrew MacDonald Landowner: 629248 N.B. LTD Location: 51 Heather Way PID: 55124341 Plan Designation: Stable Residential Existing Zoning: Two -Unit Residential (R2) Proposed Zoning: Local Commercial (CL) Application Type: Rezoning, Subdivision, 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, December 12, 2022. EXECUTIVE SUMMARY The applicant is proposing to subdivide approximately 3583 square meters from the lot identified as PID Number 55124341, and to rezone the proposed lot from Two -Unit Residential (R2) to Local Commercial (CL) to facilitate the development of a new Day Care. Assent from Common Council is required with respect to money -in -lieu of Lands for Public Purposes (LPP). The development also requires Council's assent to a Local Government Services Easement, which will vest upon filing of the Final Plan of Subdivision. Page 1 of 7 130 Andrew MacDonald 51 Heather Way November 10, 2022 Staff recommend approval of the rezoning and subdivision, subject to recommended Section 59 conditions. Staff also recommend Common Council grant the required assents to the proposed subdivision and money -in -lieu of land for public purposes. . RECOMMENDATIONS 1. That Common Council rezone a parcel of land having an area of approximately 3583 square metres, located at 51 Heather Way, also identified as a portion of PID Number 55124341, from Two -Unit Residential (R2) to Local Commercial (CL). 2. That Common Council, rescind the conditions imposed on the March 17, 2008, rezoning of the property located at 51 Heather Way, also identified as PID 55124341. 3. That 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 3583 square metres, located at 51 Heather Way, also identified as portions of PID Number 55124341; a) The development and use of the parcel of land be in accordance with detailed building elevation and site plans, 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 and bicycle parking, loading areas, landscaping, amenity spaces, signs, exterior lighting, and other such site features; i. That the proposed development incorporates pedestrian connections between the building and the parking lot and between the building and the public sidewalk located on Heather Way. ii. That the proposed development include the installation of directional signage to establish the traffic flow allowed at each of the two proposed street accesses. iii. The above elevation and site plans be attached to the permit application for the development of the parcel of land. b) That the parcel of land be developed and maintained in accordance with an engineering storm water drainage plan and design report, prepared by a professional engineer on behalf of the proponent and subject to the approval of the Chief City Engineer, and that such approved plan and report be attached to any development and/or building permit for the proposed development; c) Should any municipal infrastructure improvements be required to service this proposal, it will be the owner/developer's full responsibility and cost to complete. Prior to determining the requirement for any municipal infrastructure improvements, detailed engineering plans and a design brief must be submitted by the owner/developer's engineering consultant to the City for review and approval; Page 2 of 7 131 Andrew MacDonald 51 Heather Way November 10, 2022 4. That Common Council assent to the submitted subdivision plan, in general accordance with the submitted tentative plan with respect to any required Local Government Services Easements. 5. That Common Council accept money -in -lieu of Land for Public Purpose dedication. DECISION HISTORY In January 2008, Common Council amended the Zoning By -Law by rezoning the subject property to Two -Unit Residential (from the previous Zoning By -Law One and Two Family Suburban Residential to One and Two Family Residential). This rezoning was part of the now - defunct Hart to Hart Subdivision that was to be located at 50 & 51 Heather Way and would have comprised of approximately 20 hectares. The following Section 59 conditions were imposed as part of the rezoning: • Prior to any blasting taking place on the property, inspections must be performed on all homes adjacent to the development and those separated from the development by a street; and • Blasting only occur between the hours of 7:00 a.m. to 7:00 p.m. Monday to Friday; and • Testing of wells before and after the development be carried out. Proposal The applicant is proposing to construct a Day Care in the form of a newly built single building with surface parking, which will have a capacity of sixty-five children and ten workers. The proposed facility will be on a new 3583 square -metre lot that is proposed to be rezoned from Two -Unit Residential (R2) to Local Commercial (CL). Site design elements include thirteen parking spaces for staff and five spaces for use as a drop- off location for parents. Two fenced -in play areas are accessed directly from the building. The site also includes separate accesses for entering and exiting the property, with the access for entry being located off Heather Way on the north end of the site and an exit from the site onto Heather Way located 20 metres to the south. The proposed development will require a variance for number of stories. The minimum number of stories required for Local Commercial development is two while the average height of the proposed building would be an average of one and a half storeys. This variance can be granted by the Development Officer prior to the issuance of a building permit. In addition to the requirement to rezone the site, the applicant will have to satisfy all requirements established by the Province in New Brunswick as part of the required licensing and approvals. The province analyses the internal size of the proposed Day Care as well as the outside play area. The space provided by the applicant for the Day Care will determine the maximum number or children as well as the corresponding ages of the children. The requirements from the province also determine how many staff are required for the Day Care, which is derived from the age profiles of the children attending the Day Care. Page 3 of 7 132 Andrew MacDonald 51 Heather Way November 10, 2022 Site and Neighbourhood The 2.6-hectare parcel is located to the northwest of the intersection of Grandview Avenue and Heather Way. Heather Way is a four -lane collector street with a grass median separating the two directions of traffic. A separated sidewalk is located along the western side of Heather Way, adjacent to the proposed development. This sidewalk also leads to a bus stop that is 125m south of the property on Heather Way. The site is vacant but contains woodland remnants with a large portion of the site having previously been cleared. Curb cuts along the concrete sidewalk already exist for the two proposed access locations, as does a median break on Heather Way. The closest developed property, located to the north of the site contains a series of multi -unit apartment buildings, both built and under construction. The site is located in excess of 100 metres from lower density residential units to the west along Hedley Street and Jimegal Lane. West of the site, on the opposite side of Heather Way a series of single unit dwellings are located along Grandview Avenue. The closest Day Care Centers to this property are Cochran's Home Away From Home Daycare at 1433 Loch Lomond Road, 3km from the proposed site, and Cheryl's Home Away From Home Daycare at 185 Loch Lomond Road, 5km from the proposed site. These Day Care Centers have a capacity of sixty-one spaces between them, but no available spaces this year. Across the city there are only forty available Day Care spaces and some of those are only for after -school care'. The proposed Day Care is a use which complements a growing residential area such as the Heather Way neighbourhood while also adding to the capacity of child care spaces across the city. Municipal Plan and Zoning Municipal Plan The subject property is designated Stable Residential by the Municipal Plan. Neighbourhoods under this designation are within the Primary Development Area, generally are municipally serviced, and have the potential to accommodate additional development at a scale and density consistent with the surrounding context and character. An analysis of the proposal with respect to the relevant policies of the Municipal Plan is provided in Attachment 2. The proposal is considered infill development of a vacant parcel of land and conforms to the policies established within the Municipal Plan. Given the mix of densities found in the surrounding area, the proposed development is considered appropriate and would provide a much -needed childcare service for existing and future residents of the neighbourhood. The proximity to residential areas is considered an important location criterion for childcare facilities. 1 New Brunswick Government. (2020). "Facility Search: licensed Early Learning and Childcare facilities in New Brunswick". Accessed on November 3, 2022, at https://www.nbed.nb.ca/parentportaI/en/search/elc/ Page 4 of 7 133 Andrew MacDonald 51 Heather Way November 10, 2022 Policy LU-125 allows for the proposed daycare centre within the Stable Residential Area, as the policy provides latitude for larger childcare centres to be situated in locations that are deemed acceptable to Common Council. As the rezoning of the proposed daycare site to Local Commercial (CL) is at the discretion of Common Council, compliance with this policy is provided through the successful completion of the rezoning process. The proposal represents an opportunity to introduce local services into a suburban context and meet the demands of future population growth and childcare in this area of the City and the broader community. From the analysis of conformance with the Municipal Plan Policies (Attachment 2), staff are of the opinion that the proposed development achieves the intent of the Municipal Plan based on the proposed uses and the building forms in the application. Zoning By -Law The site is currently zoned Two -Unit Residential (R2) and the applicant is seeking a rezoning to Local Commercial (CL) to allow for the development of the Day Care. The CL zone accommodates limited daily commercial convenience needs for nearby residential neighbourhoods. These developments are characterized by similar built -form and scale to the buildings in the surrounding area. The proposed Day Care would provide a necessary service for those residents with children, and the design renderings of the building indicate a residential building typology to ensure compatibility with the surrounding built form. The front yard of the site along Heather Way is subject to the by-law requirements for a specific amount of plantings based on the area of the front yard and screening between parking areas and adjacent residentially zoned property. Infrastructure and Traffic A Traffic Impact Statement was completed by a professional engineer and submitted by the applicant at the request of the City of Saint John. The results indicated that the intersections will operate efficiently into the future with the future increased traffic from the Day Care and no operational or safety issues arose regarding turning into and out of the proposed site. Due to these results, no infrastructure upgrades are required for the roadway. The site is located along Transit routes 30 and 33. The nearest bus stop is only 125 to the south of the property along the sidewalk. Transit Route 33 serves as a connector to the Uptown area while Route 30 connects to the Mcallister Mall area. There was a recommendation to improve pedestrian connectivity. While a crosswalk was not merited nor possible due to sight distances of the location, it was suggested that there be better connections between the Day Care, the drop-off/pick-up zone, and the existing sidewalks. Section 59 conditions suggested around pedestrian connectivity have been recommended for this proposal. If the developer proposes to cross through the adjacent land to connect water and sewer into the existing municipal piped system on Dunnett Drive, the developer shall secure all necessary Page 5 of 7 134 Andrew MacDonald 51 Heather Way November 10, 2022 private service easements and is advised that the servicing from the proposed Day Care to the municipal mains will be private. All connections (including any proposed force mains) to the municipal system are to be approved by the City. Subdivision By-law The provision of the Subdivision By -Law which applies to the proposed subdivision is the requirement for money -in -lieu of land for public purposes and the dedication of any required government easements. Land for Public Purposes Money -in -lieu requirements are calculated based on the assessed value of the land prior to its development where funds collected are placed in a trust account in accordance with the Community Planning Act. These funds are only to be used for acquiring or developing lands for public use for future needs of citizens as the city grows. Conclusion Due to the alignment of the proposed development with the goals established within PlanSJ, staff recommend that Common Council approve the proposed rezoning subject to Section 59 Conditions. And that assent be given to the proposed subdivision including the creation of a Developers Agreement, money -in -lieu of Land for Public Purposes and to any necessary government easements. ALTERNATIVES AND OTHER CONSIDERATIONS No other alternatives were considered. ENGAGEMENT Public In accordance with the Committee's Rules of Procedure, notification of the proposal was sent to landowners within 100 metres of the subject property on November 1, 2022. Notice of the rezoning will be posted on the City of Saint John website on or before November 18, 2022. APPROVALS AND CONTACT Author Manager I Director Yeva Mattson Jennifer Kirchner, RPP, MCI I David Dobbelsteyn Contact: Yeva Mattson Telephone: (506) 721-8453 Email: yeva.mattson@saintjohn.ca Application: 22-0214 Page 6 of 7 135 Andrew MacDonald 51 Heather Way November 10, 2022 APPENDIX Map 1: Aerial Photography Map 2: Future Land Use Map 3: Zoning Attachment 1: Site Photography Attachment 2: Municipal Plan Policy Review Submission 1: Tentative Subdivision Plan Submission 2: Floor Plans Submission 3: Elevations Page 7 of 7 136 E Y Y� N _ O E 2 U m O UU � U o Q U Y j U U) U �U U sU � O 0 m¢ Q .0 O O Q Z o¢ N LL c� O O N O p 7 W LLI m W m W O O ` N N W W N N U U O O U) U) m n Q .0 .C: 7-5 d� O Heather Way Heafiher Way' m E Y Y� N _ O E 2 U m O UU � U o Q U Y j U U U �U _U) a� LO p 0 �Q Q .0 O O Q Z O 20 o¢ 0 LL c� O p N O p 7 W LU W W O O N N W W N N U U O O U U E 7 co N N N N O N M O c J N LL E cn cn cn ycn L N 0- 0 N N cn N c� aD U L O cn NN(D L.L 'id cn L L - L N 0- 0 n co co cn NN(D L.L ,id 0) C: .C: O N t f} \f 3 \ /\ : /\ m0 \ \\ % f/ / \« 7 9 {( ° $ ® ° �\ /{ G 7 )f 6 0 {7 \( ° ° t3 � ± ) c -i § � 2 k § N k \ k A e \ \ o q 2 2 / \ \ Attachment 1: Site Photography Photo: Proposed site (looking North Photo: Proposed site (largely wooded on boundary line but clear cut past that) Photo: Looking South along Heather Way to Grandview Ave Photo: Looking North along Heather Way (proposed site to left) M111I 3 a) o C 0 s O a co s 4, a) vi O +40 °; s.C: sU a U �,3 0 s a) O a) co 'O i 4O ° Ln u - 0 (o 0 u s N a) s O Q(6 E a) Uc a)CU} a 'OO Ca +, a) 7 a0 O s s pu u O a u -p s sOOdA u 4�so+ p oflJ0 -c w •� tOs+v�� c s a) 4� a) 4- O O � aco) O +� -_ U Oc U sO +E> s aO cN ° os cO +c6� O s N s } C -6 a) +' s a) d 0 .4a) Q o E s,�c6 a) a) > 7 O Q E sco aL c . a) o -g a o ) 3 0 O-0 s c u U N ° O ..--Q , � U >cao�) +� > � E >s� ' .—E > s> O c 0O ° N E +o O a Ua c s ° a) Q) CL p s 0 4�30 ' ° 'a>- Nc� > QU ' ° s O _a E a) O a) QO0 6 +ps4� Q o u (Ua� LnQ O E c n 4,N c 0 s O +� U+, 0 O u O c i s � v >QN a) Q Qp cou p O +-. 4� 0U +O Q O ` p U Q u � O -a E> s Ln c v 7 o (u a- c o +' Q N ' 0a' a) 6 OOO 'Aa ��a0 c Oa v O o sO N co �s'6 O Qu -0v u 'p 0 o +� s• o 6 - a N co O O °;�.-os co Q- 7 > O 0 p ac a 4 oa> M QaQN 'a c6 a) ss 4� Q > c Q NT s a-j o `� Qu O 4 4 4� 'O 7 Qs CL -4� co O Q CQ 0+� N u -0 Q i a) c > a) v� 'a s i O s 7 N a) s O u i >O Q O n a) O O E L" c as, ,dA i as, c J a) •� ri s s i i p s o 0 N a) 7 O +, � O U 0 s co c H 4 J CL Q u H U 4 J c cn U U Q H w a co co s + O u E 0 v� c E rn 4� i i p v N U U s ao dA c a'.' 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Q N W � a) C: L O a) Q O O 0cn E cn --+ a) a) C: cn . _ O 4� 0 0. p E Z O to O C > 4� O O a) a)C L. .V -1--j I.'O � O O := � � O Z LU L.Q � L � O — O J p r O c O y A� LF/ (1) 0 c m E E 0 a� U a did LLL 4D- Development Shop o It..k,.;+..I`�sr fll IIi.)I.tr I .,IH,'t'�Idd[.t-.li,lt.l SAIIMrI'�K9#fkV Onetop4saintkohn.ca PIE '1 65 —2 '11 r : 632-619 � J General Applicollon Form GROWTH & COMMUNITY SERVICES CITY OF SAINT -JOHN LCICAnON CIVIC ADDRESS: Heatherway/GfaPd PID # : 155124341 In HERITAGE AREA: Y / N INTENSIFICATION AREA: Y / N FLOOD RISK AREA: Y / N APPROVED GRADING PLAN: Y / N a APPLICATION #: 22-0214 DATE RECEIVED: September 21, 2022 1-- '" RECEIVED BY: Aimee APPLICANT EMAIL PHONE Andrew MacDonald andrew@macdonaldapplicators.ea 506-653-7770 Z O MAILING ADDRESS POSTAL CODE Q 100 Hemlock St. Saint John, NB E2N 1 P9 Ce CONTRACTOR EMAIL PHONE 0 Andrew MacDonald and rew@macdonaldapplicators.ca 506-653-7770 Z MAILING ADDRESS POSTAL CODE Q100 Hemlock St. Saint John, NB E2N 1 P9 M OWNER EMAIL PHONE QAndrew MacDonald andrew@macdonaldapplicators.ea 506-653-7770 MAI LING ADDRESS POSTAL CODE 100 Hemlock St. Saint John NB E2N 1 P9 PRESENT USE: Vacant land PROPOSED USE: daycare J BUILDING PLANNING INFRASTRUCTURE HERITAGE a- INTERIOR RENOVATION NEW CONSTRUCTION VARIANCE STREET EXCAVATION HERITAGE DEVELOPMENT < a EXTERIOR RENOVATION ACCESSORY PLANNING LETTER �DRIVEWAYCULVERT ❑ HERITAGESIGN ADDITION POOL PACAPPLICATION DRAINAGE HERITAGEINFILL Q DECK DEMOLITION ZCOUNCILAPP WATER & SEWERAGE HERITAGE DEMO Y DCHANGEOFUSE SIGN SUBDIVISION OTHER OTHER U 0 MINIMUM STANDARDS1:1 OTHER OTHER Rezone property to allow development of a daycare 0 z O Y F °C O 3 u 0 FI consent to the City of Saint John sending to me commercial electronic messages, from time to time, regarding City Initiatives and incentives. General Collection Statement This information is being collected in order for the City of Saint John to de ever an existing program / service: the collection is limited to that which is necessary to deliver the program / service. Unless required to do so by lawn the City of Saint John will not share your personal information with any third party without your express consent. The legal authority for collecting this information is to be found in the Munk palities A;t and the Right to Information and Protection of Privacy Act. For further information or questi,onc regard'ng the col ection of personal information please contact the Access & Pr vaey O&er City Hall Building 15 .Market Square Saint John, NB E21- I E8 CommonClerknsaintJolm ea 1506)658.2862 ww.rartrr 1, the undersigned, hereby apply for the permit(s) or approvol(s), indicated above for the work described on plans, submissions and forms herewith submitted. This application includes oft relevant do:.1mentation necessary for the applied for permitIS) or approvofis . I agree to comply with the plans, specifications and further ogre. to comply with all relevant City ay -laws and conditions imposed. Andrew MacDonald Applicant Name Ar�draw- Mra.ad7o++.al.d Applicant Signature 7/29/2022 Dote ew �fllupment Shop Council Application GROWTH & COMMUNITY SERVICES CITY OF SAINT JOHN CIVIC ADDRESS I Heatherway/Grandview Ave APPLICATION # FEE PAID Y N TYPE OF APPLICATION ❑Land for Public Purposes Release Application Fee. $350 Section 59 Amendment Application Fee: $2,650 ❑ Non -Conforming Use Application Fee: $250 ❑ Zoning By-law Amendment Application Fee: $2.650 ❑ Satisfactory Servicing Application Fee: $350 ❑zoning By-law Amendment with Municipal Plan Amendment Application Fee: $3,700 DETAILED DESCRIPTION OF APPLICATION Where applicable, indicate the changes to existing Section 59 conditions, zoning, or Municipal Plan designation being requested. Attach site plans, building elevations, floor plans, and other documentation to fully describe the application. The submission of a preliminary proposal and a Pre -Application Meeting is encouraged prior to seeking approval. Please contact the One Stop Development Shop at (506) 658-2911 or OneStop@saintjohn ca for further information, Rezoning from R2 to CL to support the development of a daycare for 65 children and 10 staff. (ENCUMBRANCES Describe any easements, restrictive covenants, and other encumbrances affecting the land. J AUTHORIZATION As of the date of this application, I, the undersigned, am the registered owner of the land described in this application or the authorized agent thereof, and I have examined the contents of this application and hereby certify that the information submitted with the application is correct insofar as I have knowledge of these facts, and I hereby authorize the applicant to represent this matter and to provide any additional information that will be necessary for this application. ArkAraw Mac Po*%al.d Registered Owner or Authorized Agent Additional Registered Owner 0911 /2022 Date Date The information contained in this application and any documentation, including plans, drawings, reports, and studies, provided in support of this application will become part of the public record. council Application Form 202106 01 `M� 0'evil&nt Shop PIAtiNI INYAAti 1'R[�'crtfR1: Sim�lrt plan Variance Application GROWTH & COMMUN TY SERVICES CITY OF SAINT JOHN CIVIC ADDRESS I Heatherway/Grandview Ave APPLICATION # 22-0214 1 FEE PAID I Y N TYPE OF APPLICATION ❑� Tier 1 & 2 Variance Variance considered by the Development Officer Application Fee- $200 for up to five variances plus $50 for each additional variance beyond five ❑ PAC Variance Variance considered by the Planning Adv sory Committee Application Fee, $400 for up to five varances plus $100 for each additional vanance beyond five DETAILED DESCRIPTION OF APPLICATION Attach site plans, building elevations, floor plans, and other documentation to fully describe the application ENCUMBRANCES Describe any easements, restrictive covenants, and other encumbrances affecting the land. AUTHORIZATION As of the date of this application, I, the undersigned, am the registered owner of the land described in this application or the authorized agent thereof, and I have examined the contents of this application and hereby certify that the information submitted with the application is correct insofar as I have knowledge of these facts, and I hereby authorize the applicant to represent this matter and to provide any additional information that will be necessary for this application. A►'.dreatr Ma oflo*LoA& Registered Owner or Authorized Agent Additional Registered Owner 7/29/2022 Date Date The information contained in this application and any documentation, including plans, drawings, reports, and studies, provided in support of this application will become part of the public record. Variance Application Form 2021 06 01 MAN eeaq7p ut SINFRA�Shop� Variance Application GROWTH & COMMUNITY SERVICES CITY OF SAINT JOHN CIVIC ADDRESS I APPLICATION # I FEE PAID I Y I N TYPE OF APPLICATION Tier 1 & 2 Variance Variance considered by the Development Officer Application Fee: $200 for up to five variances plus $50 for each additional variance beyond five PAC Variance Variance considered by the Planning Advisory Committee Application Fee: $400 for up to five variances plus $100 for each additional variance beyond five DETAILED DESCRIPTION OF APPLICATION Attach site plans, building elevations, floor plans, and other documentation to fully describe the application. ENCUMBRANCES Describe any easements, restrictive covenants, and other encumbrances affecting the land. AUTHORIZATION As of the date of this application, I, the undersigned, am the registered owner of the land described in this application or the authorized agent thereof, and I have examined the contents of this application and hereby certify that the information submitted with the application is correct insofar as I have knowledge of these facts, and I hereby authorize the applicant to represent this matter and to provide any additional information that will be necessary for this application. Registered Owner or Authorized Agent Additional Registered Owner 7/29/2022 Date Date The information contained in this application and any documentation, including plans, drawings, reports, and studies, provided in support of this application will become part of the public record. Variance Application Form 2021 06 01 171 a 7 0 C: V. cr. ixz W Is. ❑ z F F F > u Ed a 1s Ed 7 W C) O O {J U iK IK 41 16 a a x at Z I ! L I \ r. � 1 4 i Eu 1 4 I N 4. 1 CC v, > 4- z 442 Cl) K } UA .j N � _ 172 ■ ��||■ � � � ��_� � � Q a | | |& c !� ��■�•�a� .� � � ■ � � 2■ lu �$,. U n 40 O ƒ » ' ■■| ! i | | | § ■ - | It a- � :; ®! Q� ]� • §@ ,):|h� �� %§|§ )U�e,; 1 §!] | �| ]]. ]§ �|•\ ��)�'�|�A� £- (- ) \. | § | \ aka=z inr• § h , §| • §, .r . ]| T-1 § ,o ) | LL LU wp fflffi leyODOR;: O 4`��y33�� a o Z U c a Q F Q Z 3 w E e�ii w J a m LU 4) IL LL 0 0 az� 4j 4 iJ f �y•�2 :�wZ 9 - E r � a � 2�e��e ,srON g; � ypy g. Hill ix.��Y,�6'-a�-' Y W LLI Ix Hall I HIM IN Wtij � �� |' A S An IN C4 LU < LLI. I \ \ M I I )�\ LU 4n } �� { � eNGLOBe � September 28, 2022 629248 N.B. LTD. 100 Hemlock Street Saint John, NB Attention: Andrew MacDonald Subject: Heather Way Day Care Traffic Impact Statement Englobe reference: 02207021 Introduction Englobe Corp. was engaged to complete a Traffic Impact Statement for a proposed Day Care facility on Heather Way in Saint John, New Brunswick. The proposed development consists of a single building with a surface parking lot. Access into and out of the development site would be provided off Heather Way. Entry will be provided on the north end of the development property and exit will be provided approximately 20m south of the entrance. The proposed Day Care will have a student capacity of 65 children and will employ 10 workers. As part of the development approval process, the City of Saint John requires that a Traffic Impact Statement (TIS) be completed for the development. The main focus of the TIS is to review the impact that the development will have on Heather Way, to identify possible crosswalk requirements near the development and to determine if there are any additional consideration that should be made for vehicles turning left into the development. The Study Area is shown in Figure 1. The site plan is provided in Appendix A. T 506 451-4400 x179018 — lill.demerchant(c�englobecorp.com 133 Prince William St., Suite 703 — Saint John, NB —Canada 1 E2L 2B5 englobecorp.com 1 of 9 Figure 1: study Area 9. PO��' Proposed'.ji�f Development5ite S;;!• ��'�.�- Development Access t / 1 � I ' t I / � V h A; 2 Site Overview 2.1 Street Characteristics Heather Way is a four -lane, two-way collector street that carries an AADT of approximately 1,900 vehicles per day and is oriented in the north -south direction. Northbound and southbound traffic are separated by a curbed grass boulevard. At the proposed development site, there is a gap in the boulevard to allow for turning vehicles. The posted speed limit on Heather Way is 50 km/h and the street features concrete sidewalk along both sides of the street that are buffered from the travel lanes by grass boulevards. Heather Way also features several crosswalks with the nearest one located approximately 280m north of the development site at Wyatt Crescent. 2.2 Traffic Data Traffic volume data on Heather Way were collected using a Miovision camera from 7 am to 7 pm on Tuesday, July 26t" 2022. The AM and PM peak hour volumes are shown in Figure 2. A summary of the traffic data is included in Appendix B. Heather Way Day Care Traffic Impact Statement Englobe 102207021 1 September 28, 2022 182 2 of 9 Figure 2: Existing Peak Hour Traffic Volumes � r nnvnlnnmcnr ara _ Development r Trip generation rates for the proposed development were estimated using the 10th Edition of the ITE Trip Generation Manual. The developer provided information regarding the size and type of development that is planned. The development will consist of a day care facility with a maximum student enrollment of 65 children. ITE Land Use #565 (Day Care Center) was used to generate trips for the development. The resulting vehicle trip generation is shown in Table 1. It was assumed that all of these trips would be made by motor vehicle. Table 1: Development Trip Generation DEVELOPMENT - • - W HOUR DAILY ®�� • ' _ TOTAL Day Care Center (ITE Land Use #565) 65 Students 27 V 24 51 L24 27 51 279 The development traffic was assigned to Heather Way based on the existing traffic distributions in the area. The development traffic was then added to the future background traffic volumes to estimate the future traffic volumes with the development in place. 2028 was selected as the horizon period as this represents approximately 5 years beyond the anticipated year of full build -out of the development. The 2028 future background traffic volumes were estimated by applying an annual growth rate of 1.0% to the existing traffic volumes. The 2028 traffic volumes with the development in place are shown in Figure 3. Heather Way Day Care Traffic Impact Statement Englobe 102207021 1 September 28, 2022 183 3 of 9 Figure 3: 2023 Traffic Volumes with the Development OVA M • +G AM/PM N•l leather Way @ Development l•!\ 30 � Heather Way Day Care Traffic Impact Statement Englobe 102207021 1 September 28, 2022 184 4 of 9 A Level of Service (LOS) analysis was completed for the intersections of Heather Way and the development's entrance and exit in the future scenario with the development in place for the AM and PM peak periods. The results indicate that the intersections will operate at an overall LOS A with all individual movements at LOS A during both peak periods. This indicates that the intersections will operate well in the future with the development in place. The LOS results, including average delay, volume to capacity (v/c) ratios, and the 95t" percentile queue lengths for the 2028 traffic conditions with the development in place are summarized in Table 2. Detailed Synchro analysis outputs are included in Appendix C. Table 2: 2028 LOS Analysis Results Free A AM LOS A 1.1 0.2 [0.1 ] [0.01] Heather Way @ NSA <1 Development Entrance A LOS A 0.8 EM 0.6 Flow [0.01] [0.05] Free <1 Free AM LOS A Flow 9. Flow 1 2 [0.09] [0.02] [ 3] Heather Way @ 1 Development Exit A LOS A Free Free 10.0 EM 1.0 Flow Flow [0.04] [0.05] [0.13] 1 Heather Way Day Care Traffic Impact Statement Englobe 102207021 1 September 28, 2022 185 5 of 9 5 Left Turn Lane Review A left turn lane analysis was completed using the Ontario Geometric Design Guide for the northbound left turning movement into the development. The Ontario Guide uses a nomograph that is a function of the peak hour left turning volume and opposing volume to determine if a left turn lane is warranted at an unsignalized intersection along a four -lane divided road. The results of the left turn warrant analysis are presented in Table 3 and Figure 4. Table 3: Ontario Design Guide Warrant Results AM Peak 149 5 No PM Peak 72 17 No Figure 4: Ontario Design Guide Left Turn Warrant Nomograph 1600 1500 1400 1300 1200 1100 1000 900 800 V) 700 >' 500 400 300 200 100 0 AM Peak Peak , • 1 II 1 \\ -MIN --PM I I is IM�� mmmm IIswim ��\\\ 0 50 100 150 200 250 300 350 400 450 500 550 600 VL • LEFT TURNING VOLUME (V P H ) The results indicate that a left turn lane is not warranted at the development access based on the Ontario Design Guide methodology. Given the relatively low volumes along Heather Way, the study team does not anticipate any operational or safety issues for left turning vehicles into the development property and, therefore, do not recommend any restrictions for the northbound left turning movement at the development. Should it be desired, the existing gap in the median could be used as a left turn lane to provide northbound left turning vehicles an area to wait for a gap in southbound traffic. Heather Way Day Care Traffic Impact Statement Englobe 102207021 1 September 28, 2022 186 6 of 9 6.1 Pedestrian Access The Study Team completed a review of the existing pedestrian infrastructure near the proposed development. Heather Way currently features concrete sidewalk separated by a grass boulevard along both sides of the street. The proposed development site plan does not include any pedestrian infrastructure. To improve pedestrian connectivity, a connection between the building, parking area, drop off parking, and the existing sidewalk along the west side of Heather Way is recommended. 6.2 Crosswalk Assessment A review was also completed to evaluate the need for a pedestrian crossing across Heather Way near the development site. Based on the location of the existing pedestrian infrastructure and the sight lines in the area, the ideal location for a crosswalk would be across the south approach of the intersection of Heather Way and the exit out of the proposed development. This would also provide more direct access to the building on the development site from the crosswalk. Sight Distance Review As part of the crosswalk review process, a sight distance analysis was completed using the guidelines set forth in the Transportation Association of Canada (TAC)'s "Geometric Design Guide for Canadian Roads (2017)". The Design Guide provides minimum sight distance requirements based on design speed for two-lane undivided roadways. To remain conservative, 10 km/h was added to the posted speed limit along Heather Way to better reflect current operating speeds. Based on a design speed of 60 km/h, the TAC Guide recommends a minimum stopping sight distance of 85 m and a minimum decision sight distance of 205 m. A site visit was completed on July 26t" 2022 at the identified crosswalk location to measure sight distances in either direction along Heather Way. Sight distance measurements were measured from the east side of Heather Way as this location would represent the worst -case scenario in terms of sight distances. The sight distance results are summarized in Table 4 and shown in Figure 5. According to the results, the minimum decision sight distance requirements are not met at the identified crosswalk location. Heather Way Day Care Traffic Impact Statement Englobe 102207021 1 September 28, 2022 187 7 of 9 Figure 5: Sight Distance Measurements Table 4: Sight Distance Measurement Summary Sight Distance from the south 85 m 205 m 85 m No Yes Sight Distance from the north 140 m 205 m 85 m No Yes DSD = Decision Sight Distance SSD = Stopping Sight Distance Since the required decision sight distances are not met in either direction along Heather Way, it is not recommended that a crosswalk be installed at this location. North of the proposed development, the nearest potential generator of pedestrian traffic on the east side of Heather Way is near Wyatt Crescent where there is already a crosswalk featured across Heather Way. This crosswalk provides a safer location for pedestrian crossings as sight distance requirements are met. South of the development, the nearest possible generator of pedestrian traffic on the east side of Heather Way would be along Grandview Avenue. There is not currently a crosswalk on Heather Way at Grandview Avenue, therefore if it is determined that latent demand exists at this location a crosswalk could be added across the north approach of the intersection. This location would provide a safer crossing area because conflicting vehicles would be travelling slow as they turn onto or off Heather Way. Maintaining the crosswalk at Wyatt Crescent and adding a crosswalk at Grandview Avenue would provide sufficient pedestrian connectivity in the area and safer crossing locations for pedestrians. Heather Way Day Care Traffic Impact Statement Englobe 102207021 1 September 28, 2022 188 8 of 9 7 Conclusions and Recommendations The key findings and recommendations of this Traffic Impact Statement are summarized as follows: 1. The proposed development, which would be located along the west side of Heather Way, features a building, a drop off/pick-up area and a surface level parking lot. Access into the development will be provided off Heather Way and access out of the development will also be provided off Heather Way, south of the entrance. 2. it is expected that the development will generate 51 trips during the AM peak hour (27 entering124 exiting), 51 trips during the PM peak hour (24 entering127 exiting), and a total of 279 trips daily. 3. A LOS analysis was completed for the intersections of Heather Way and the development accesses for the 2028 horizon period with the development in place. The results indicate that the intersections will operate efficiently in the future with the traffic generated by the development. 4. A left turn lane warrant analysis was completed for the northbound left turning movement into the development. The analysis confirmed that a left turn lane is not warranted. The study team does not anticipate any operational or safety issues for left turning vehicles into the development and therefore does not recommend any restrictions for the northbound left turning movement. 5. Based on a review of the existing pedestrian facilities near the development property, it is recommended that pedestrian connections be provided from the day care building to the parking area, drop-off/pick-up area, and to the sidewalk on the west side of Heather Way. 6. Based on a review of crosswalk requirements across Heather Way near the development, it was determined that a crosswalk is not merited because the minimum required sight distances are not met. The existing crosswalk at the intersection of Heather Way and Wyatt Crescent should suffice in accommodating any crossing demand north of the development. Should it be determined that there is latent crossing demand south of the development, it is recommended that a crosswalk be added across the north approach of the Heather Way/Grandview Avenue intersection. We trust the enclosed is to your satisfaction. If, however, additional information should be required, please communicate with the undersigned. Yours very truly, Englobe Corp. 7? JillrbeMerchant, M.Eng., P.Eng. Traffic Engineer I Project Manager Transportation Engineering Heather Way Day Care Traffic Impact Statement Englobe 102207021 1 September 28, 2022 J-G' y \�itn� CIO111pUOV65' .�c"$/- 9of9 `E:1•%1 Appendix A Site Plan eNGLOBe Appendix B Traffic Data eNGLOBe Traffic Count Summary AM and PM Peak Hours Heather Way July 26 2022 AM Peak Hour 07:00 - 08:00 A O v N O Peds °- N 0 0 «� t 4 0 t o 0 0 0 0 o s r o 0 o Z ` I 0 PHF= 0.82 1 Peds a N � O v w S i PM Peak Hour 16:30 - 17:30 w CS N V Peds o a N 0 0 1 4 0 t o 0 0 s r 0 o z ` 1 0 PHF= 0.81 1 Peds v m o a N N w N N 193 Appendix C Synchro Output eNGLOBe Heather Way TIS AM Peak with Development 4: Heather Way & Development Entrance II 09-28-2022 t t Movement EBL EBR NBL NBT SBT SBR Lane Configurations Traffic Volume (veh/h) 0 Future Volume (Veh/h) 0 Sign Control Stop Grade 0% Peak Hour Factor 0.82 Hourly flow rate (vph) 0 Pedestrians Lane Width (m) Walking Speed (m/s) Percent Blockage Right turn flare (veh) 0 5 29 127 22 0 5 29 127 22 Free Free 0% 0% 0.82 0.82 0.82 0.82 0.82 0 6 35 155 27 Median type None None Median storage veh) Upstream signal (m) pX, platoon unblocked vC, conflicting volume 216 168 182 vC1, stage 1 conf vol vC2, stage 2 conf vol vCu, unblocked vol 216 168 182 tC, single (s) 6.4 6.2 4.1 tC, 2 stage (s) tF (s) 3.5 3.3 2.2 p0 queue free % 100 100 100 cM capacity (veh/h) 769 876 1393 Direction, Lane # NB 1 SB 1 Volume Total 41 182 Volume Left 6 0 Volume Right 0 27 cSH 1393 1700 Volume to Capacity 0.00 0.11 Queue Length 95th (m) 0.1 0.0 Control Delay (s) 1.1 0.0 Lane LOS A Approach Delay (s) 1.1 0.0 Approach LOS Intersection Summary Average Delay 0.2 Intersection Capacity Utilization 11.4% ICU Level of Service A Analysis Period (min) 15 Scenario 1 Baseline Synchro 11 Report Page 1 `E%199 Heather Way TIS AM Peak with Development 6: Heather Way & Development Exit II 09-28-2022 t t Movement EBL EBR NBL NBT SBT SBR Lane Configurations Traffic Volume (veh/h) 4 20 0 34 127 0 Future Volume (Veh/h) 4 20 0 34 127 0 Sign Control Stop Free Free Grade 0% 0% 0% Peak Hour Factor 0.82 0.82 0.82 0.82 0.82 0.82 Hourly flow rate (vph) 5 24 0 41 155 0 Pedestrians Lane Width (m) Walking Speed (m/s) Percent Blockage Right turn flare (veh) Median type None None Median storage veh) Upstream signal (m) pX, platoon unblocked vC, conflicting volume 196 155 155 vC1, stage 1 conf vol vC2, stage 2 conf vol vCu, unblocked vol 196 155 155 tC, single (s) 6.4 6.2 4.1 tC, 2 stage (s) tF (s) 3.5 3.3 2.2 p0 queue free % 99 97 100 cM capacity (veh/h) 793 891 1425 Direction, Lane # EB 1 NB 1 SB 1 Volume Total 29 41 155 Volume Left 5 0 0 Volume Right 24 0 0 cSH 872 1700 1700 Volume to Capacity 0.03 0.02 0.09 Queue Length 95th (m) 0.8 0.0 0.0 Control Delay (s) 9.3 0.0 0.0 Lane LOS A Approach Delay (s) 9.3 0.0 0.0 Approach LOS A Intersection Summary Average Delay 1.2 Intersection Capacity Utilization 16.7% ICU Level of Service A Analysis Period (min) 15 Scenario 1 Baseline Synchro 11 Report Page 2 `11106Z.1 Heather Way TIS PM Peak with Development 4: Heather Way & Development Entrance II 09-28-2022 t t Movement EBL EBR NBL NBT SBT SBR Lane Configurations +' 1� Traffic Volume (veh/h) 0 0 17 166 65 7 Future Volume (Veh/h) 0 0 17 166 65 7 Sign Control Stop Free Free Grade 0% 0% 0% Peak Hour Factor 0.81 0.81 0.81 0.81 0.81 0.81 Hourly flow rate (vph) 0 0 21 205 80 9 Pedestrians Lane Width (m) Walking Speed (m/s) Percent Blockage Right turn flare (veh) Median type None None Median storage veh) Upstream signal (m) pX, platoon unblocked vC, conflicting volume 332 84 89 vC1, stage 1 conf vol vC2, stage 2 conf vol vCu, unblocked vol 332 84 89 tC, single (s) 6.4 6.2 4.1 tC, 2 stage (s) tF (s) 3.5 3.3 2.2 p0 queue free % 100 100 99 cM capacity (veh/h) 654 975 1506 Direction, Lane # NB 1 SB 1 Volume Total 226 89 Volume Left 21 0 Volume Right 0 9 cSH 1506 1700 Volume to Capacity 0.01 0.05 Queue Length 95th (m) 0.3 0.0 Control Delay (s) 0.8 0.0 Lane LOS A Approach Delay (s) 0.8 0.0 Approach LOS Intersection Summary Average Delay 0.6 Intersection Capacity Utilization 19.7% ICU Level of Service A Analysis Period (min) 15 Scenario 1 Baseline Synchro 11 Report Page 1 IiLOtl Heather Way TIS PM Peak with Development 6: Heather Way & Development Exit II 09-28-2022 t t Movement EBL EBR NBL NBT SBT SBR Lane Configurations Traffic Volume (veh/h) 19 8 0 183 65 0 Future Volume (Veh/h) 19 8 0 183 65 0 Sign Control Stop Free Free Grade 0% 0% 0% Peak Hour Factor 0.81 0.81 0.81 0.81 0.81 0.81 Hourly flow rate (vph) 23 10 0 226 80 0 Pedestrians Lane Width (m) Walking Speed (m/s) Percent Blockage Right turn flare (veh) Median type None None Median storage veh) Upstream signal (m) pX, platoon unblocked vC, conflicting volume 306 80 80 vC1, stage 1 conf vol vC2, stage 2 conf vol vCu, unblocked vol 306 80 80 tC, single (s) 6.4 6.2 4.1 tC, 2 stage (s) tF (s) 3.5 3.3 2.2 p0 queue free % 97 99 100 cM capacity (veh/h) 686 980 1518 Direction, Lane # EB 1 NB 1 SB 1 Volume Total 33 226 80 Volume Left 23 0 0 Volume Right 10 0 0 cSH 755 1700 1700 Volume to Capacity 0.04 0.13 0.05 Queue Length 95th (m) 1.1 0.0 0.0 Control Delay (s) 10.0 0.0 0.0 Lane LOS A Approach Delay (s) 10.0 0.0 0.0 Approach LOS A Intersection Summary Average Delay 1.0 Intersection Capacity Utilization 19.6% ICU Level of Service A Analysis Period (min) 15 Scenario 1 Baseline Synchro 11 Report Page 2 `RU] Proposed Zoning By -Law Amendment RE: 51 Heather Way Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending The City of Saint John Zoning By-law at its regular meeting to be held in the Council Chambers on Monday, December 12, 2022, at 6:30 p.m., by: Rezoning a parcel of land having an area of approximately 3583 square metres, located at 51 Heather Way, also identified as a portion of PID Number 55124341 from Two -Unit Residential (R2) to Local Commercial (CL) as illustrated below. REASON FOR CHANGE: To permit a Day Care Center 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. Written objections to the amendment may be provided in writing and/or verbally at the Public Hearing to be held by Common Council. To register for participation in the hearing, please contact the City Clerk's Office in advance at commonclerka-saintiohn.ca If you require French services for a Common Council meeting, please contact the office of the Common Clerk. Jonathan Taylor, Common Clerk (506) 658-2862 `Pl%7 Projet de modification de I'arrete de zonage Objet : 51 Heather Way Par les presentes, un avis public est donne par lequel le conseil communal de The City of Saint John indique son intention de modifier I'arrete de zonage de The City of Saint John, lors de la reunion ordinaire qui se tiendra dans la salle du conseil le lundi 12 Decembre 2022 a 18 h 30, en apportant les modifications suivantes : 1. Rezonage d'une parcelle de terrain d'une superficie d'environ 3583 metres carres, situe au 51, chemin de Heather, egalement identifie comme une partie de NID 55124341 de Zone residentielle bifamiliale (R2) a Zone commerciale locale (CL) tel qu'illustre ci- dessous. INSERT PHOTO (this is just a note to make sure the photo goes here on the website, no need to actually insert it) RAISON DE LA MODIFICATION: Autoriser d'une garderie Toute personne interessee peut examiner le projet de modification au bureau du greffier communal ou au bureau du service de la croissance et du developpement communautaire a I'hotel de ville situe au 15, Market Square, a Saint John, au Nouveau -Brunswick., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours feries. Veuillez faire part de vos objections au projet de modification par ecrit a I'attention du soussigne a I'hotel de ville. 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 180191 BY-LAW NUMBER C.P. 111-OXX A LAW TO AMEND THE ZONING BY-LAW OF THE CITY OF SAINT JOHN ARRETE NO C.P. 111- ARRETE MODIFIANT L'ARRETE DE ZONAGE DE THE CITY OF SAINT JOHN Be it enacted by The City of Saint Lors d'une reunion du conseil John in Common Council convened, as communal, The City of Saint John a follows: decrete ce qui suit : The Zoning By-law of The City of L'arrete sur le zonage de The City Saint John enacted on the fifteenth day of of Saint John, decrete le quinze (15) December, A.D. 2014, is amended by: decembre 2014, est modifie par: Amending Schedule "A", the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 3583 square meters, located at 51 Heather Way, also identified as a portion of PID No. 55124341, Two Unit Residential (R2) to Local Commercial (CL) - all as shown on the plan attached hereto and forming part of this by-law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by- law the ' day of', A.D. 2022 and signed by: Mayor/Maire modification de I'annexe «A», Plan de zonage de The City of Saint John, permettant de modifier la designation pour une parcelle de terrain d'une superficie d'environ 3 583 metres carres, situee au 51, chemin Heather, et portant une partie de NID 55124341, de zone residentielle bifamiliale (R2) a Zone commerciale locale (CL) - 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 2022, avec les signatures suivantes Common Clerk/Greffier communal First Reading Premiere lecture Second Reading Deuxieme lecture Third Reading Troisieme lecture 201 From: Erik Irving To: Mattson. Yeva Cc: Bill Dunnett; Joe Tavlor Subject: Application 22-0214 Rezoning, Subdiv and Variance Application 51 Heather Way Date: November 13, 2022 11:19:48 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. * * Yeva, We received your letter dated Nov. 2 re the above noted application. Thank you for reaching out to us. Heatherway Developments Ltd. is in complete support of this application. Cheers Bill, Joe and Brain Sent from Mail for Windows KIN Staff Recommendation for Council Resolution Property: 200 Cambridge Drive Public Hearing, 1" and 2nd Reading were given on November 14, 2022 3rd Reading Item: Required: Recommendation (Y/N) Municipal Plan No Amendment Zoning By -Law Yes That Common Council give 3rd reading to an Amendment to Amendment the Zoning By-law which rezones a parcel of land having an area of approximately 6914 square metres, located at 200 Cambridge Drive, also identified as PID Numbers 55203145 and 55166813, from Two -Unit Residential (1112) to Mid -Rise Residential (RM). Recission of No Previous s. 39/s. 59 Conditions Section 59 Yes a) The development and use of the parcel of land be in Conditions accordance with detailed building elevation and site plans, 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 and bicycle parking, loading areas, landscaping, amenity spaces, signs, exterior lighting, and other such site features; i) That the proposed development incorporates walkways connecting the multi -unit buildings with the public sidewalk located on Cambridge Drive. b) The above elevation and site plans be attached to the permit application for the development of the parcel of land; c) That the parcel of land be developed and maintained in accordance with an engineering storm water drainage plan and design report, prepared by a professional engineer on behalf of the proponent and subject to the approval of the Chief City Engineer, and that such approved plan and report be attached to any WIN development and/or building permit for the proposed development; d) Should any municipal infrastructure improvements be required to service this proposal, it will be the owner/developer's full responsibility and cost to complete. Prior to determining the requirement for any municipal infrastructure improvements, detailed engineering plans and a design brief must be submitted by the owner/developer's engineering consultant to the City for review and approval; i) The owner/developer, at their cost and responsibility, is required to interconnect the watermain between Cambridge Drive and Leeds Crescent to provide fire flow for the proposed development. e) That prior to issuance of any building permits for the proposed development, a Traffic Impact Statement be completed by an engineering consultant engaged by the owner/developer at the developer's expense to review the traffic impacts on the existing roadway network and any required improvements to the existing road network including traffic calming measures and intersection controls. Any improvements identified by the Traffic Impact Statement be the developer's responsibility and cost to complete. f) The landscaping plan mentioned in condition (a) must incorporate plantings and landscaping illustrated on the site plan that accompanied the application specifically the following; i) That the front and flankage yards of the sites be landscaped in accordance with the front yard landscaping requirements for commercial developments as required by Section 6.2 (c) of the Zoning By -Law. g) That the development of Cambridge Drive extension, including blasting for the footings of the proposed buildings adjacent to the Cambridge Drive extension, shall be completed within 3 years of the date of the rezoning coming into effect. If it is not completed within WIMI that time, Council may take steps to repeal the rezoning pursuant to Section 59(5) and 59(6) of the Community Planning Act. Section 59 No Agreement Section 131 No Agreement Other Yes That Common Council assent to one or more subdivision plans, in one or more phases in general accordance with the site design and Tentative Plan of Subdivision for the proposed development with respect to the vesting of the proposed Public Street and any required Local Government Services Easements and Municipal Drainage Easements to be determined during detailed design for the proposed subdivision. Other Yes That Common Council authorize the preparation and execution of one or more City/Developer Subdivision Agreements to ensure the provision of the required work and facilities, including any necessary temporary turnarounds for the new public street and detailed engineering, stormwater management, site and individual lot grading plans, and erosion and sedimentation control plans. f► 9191 _fir17J lrh1 COUNCIL REPORT M&C No. 2022-374 Report Date November 28, 2022 Meeting Date December 12, 2022 Service Area Growth and Community Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT. 2. Cambridge Estates - Council Supplementary Report. docx OPEN OR CLOSED SESSION This matter is to be discussed in Open Session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Yeva Mattson Jacqueline Hamilton Brent McGovern RECOMMENDATION That Common Council adopt the following amended staff recommendation: 1) That Common Council rezone a portion of a parcel of land having an area of approximately 6914 square metres, located at 200 Cambridge Drive, also identified as portions of PID Number 55203145, from Two -Unit Residential (1112) to Mid -Rise Residential (RM). 2) That 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 6914 square metres, located at 200 Cambridge Drive, also identified as portions of PID Numbers 55203145 and 55166813: a) The development and use of the parcel of land be in accordance with detailed building elevation and site plans, 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 and bicycle parking, loading areas, landscaping, amenity spaces, signs, exterior lighting, and other such site features; i) That the proposed development incorporate walkways connecting the multi -unit buildings with the public sidewalk located on Cambridge Drive. KIN -2- b) The above elevation and site plans be attached to the permit application for the development of the parcel of land; c) That the parcel of land be developed and maintained in accordance with an engineering storm water drainage plan and design report, prepared by a professional engineer on behalf of the proponent and subject to the approval of the Chief City Engineer, and that such approved plan and report be attached to any development and/or building permit for the proposed development; d) Should any municipal infrastructure improvements be required to service this proposal, it will be the owner/developer's full responsibility and cost to complete. Prior to determining the requirement for any municipal infrastructure improvements, detailed engineering plans and a design brief must be submitted by the owner/developer's engineering consultant to the City for review and approval; The owner/developer, at their cost and responsibility, is required to interconnect the watermain between Cambridge Drive and Leeds Crescent to provide fire flow for the proposed development. e) That prior to issuance of any building permits for the proposed development, a Traffic Impact Statement be completed by an engineering consultant engaged by the owner/developer at the developer's expense to review the traffic impacts on the existing roadway network and any required improvements to the existing road network including traffic calming measures and intersection controls. Any improvements identified by the Traffic Impact Statement be the developer's responsibility and cost to complete. f) The landscaping plan mentioned in condition (a) must incorporate plantings and landscaping illustrated on the site plan that accompanied the application specifically the following; i) That the front and flankage yards of the sites be landscaped in accordance with the front yard landscaping requirements for commercial developments as required by Section 6.2 (c) of the Zoning By -Law. (g) That the development of Cambridge Drive extension, including blasting for the footings of the proposed buildings adjacent to the Cambridge Drive extension, shall be completed within 3 years of the date of the rezoning coming into effect. If it is not completed within that time, Council may take steps to repeal the rezoning pursuant to Section 59(5) and 59(6) of the Community Planning Act. 3) That Common Council assent to one or more subdivision plans, in one or more phases in general accordance with the site design and Tentative Plan of MIYA -3- Subdivision for the proposed development with respect to the vesting of the proposed Public Street and any required Local Government Services Easements and Municipal Drainage Easements to be determined during detailed design for the proposed subdivision. 4) That Common Council authorize the preparation and execution of one or more City/Developer Subdivision Agreements to ensure the provision of the required work and facilities, including any necessary temporary turnarounds for the new public street and detailed engineering, stormwater management, site and individual lot grading plans, and erosion and sedimentation control plans. EXECUTIVE SUMMARY During the November 14, 2022, Common Council meeting, Common Council held the Public Hearing and gave First and Second Reading for the rezoning application for the property at 200 Cambridge Drive. This report provides supplementary information regarding the newly submitted building renderings, site landscaping, and discussions with the proponent relating to construction timelines. Staff are recommending an amendment to the proposed Section 59 conditions by adding condition 2 g), which relates to a timeline for completion of the section of Cambridge Drive serving the proposed development and blasting for the proposed buildings adjacent to this section of roadway. PREVIOUS RESOLUTION On November 14, 2022, Common Council gave first and second reading to "A Law to Amend the Zoning By -Law of The City of Saint John" amending Schedule "A", the Zoning Map of The City of Saint John, by rezoning a parcel of land having an area of approximately 6914 square metres, located at 200 Cambridge Drive, also identified as portions of PID Numbers 55203145 and 55166813, from Two -Unit Residential (R2) to Mid -Rise Residential (RM). Council also resolved to delay third reading on the application until additional information was provided regarding the exterior design of the building, including renderings. Common Council also resolved that prior to third reading staff work with the developer to define a timeline for this project. REPORT The proposed rezoning would allow for the site to be developed with a 24-unit and a 40-unit building. On November 14, 2022, Common Council held the Public Hearing for the proposed rezoning and gave First and Second Reading to the proposed rezoning. In response to concerns expressed at the Public Hearing, W91-13 -4- Third Reading had been withheld while the proponent prepared building renderings and provided additional information relating the timeline for completing the development. Building Renderings The applicant has provided renderings of the proposed four-story building that provides design details including a flat roof to help minimize the height. Private balconies set into the building help create connection to the public realm. Pedestrian entrances are located on either side of the building and connect to the public sidewalks by paved pathways which further creates connection to the public realm. Proposed cladding materials include faux -stone masonry cladding on the ground floor and two colors of vinyl siding on the upper stories. This differentiation in cladding materials between the ground storey and upper stories also mitigates the massing of the building with respect to the adjacent residential area on the Cambridge Drive streetscape. Recessed balconies and patios also provide horizontal relief along the building facades. The renderings provided meet the condition recommended by PAC demonstrating design elements which reflect the residential nature of the surrounding neighborhood and built form. Development Timelines The proponent has provided the following preliminary construction schedule which has road work and underground electrical work being completed, pending approval of the project, in late 2023 and early 2024: April 2023: Pre -blasting reports completed June 2023: Blasting sequences completed October 2023: Rock extraction and underground electrical complete December 2023: Cambridge Drive extension complete Early 2024: Proposed building construction start date While the proponent has indicated the intent of an early-2024 completion of the public street and underground electrical, Staff note that recent conditions surrounding acquiring provincial permits and acquiring materials is not predictable. The proponent has thus proposed a timeline restriction of 3 years M916.1 -5- for the road extension and blasting for footings of the buildings as once those are in place the project would be restricted to what is proposed. Should Common Council choose to impose a Section 59 condition related to a development timeline for the project at 200 Cambridge Drive the following condition is recommended: g) That the development of Cambridge Drive extension, including blasting for the footings of the proposed buildings adjacent to the Cambridge Drive extension, shall be completed within 3 years of the date of the rezoning coming into effect. If it is not completed within that time, Council may take steps to repeal the rezoning pursuant to Section 59(5) and 59(6) of the Community Planning Act. Conclusion The proposed development conforms with the policy direction of the Municipal Plan to create complete communities and is supported by the City's Municipal Plan. The fagade design is appropriate and incorporates a mixture of materials and colours to provide dimension to the structure. The additional Section 59 Condition proposed by staff was developed through discussions with the applicant and will impose a timeline on completion of blasting related activities associated with the development. Staff recommend approval of the application and that Third Reading be given to the proposed rezoning. STRATEGIC ALIGNMENT The proposed approach aligns with the Common Council's priorities of Grow and Belong. SERVICEAND FINANCIAL OUTCOMES This proposal aligns with the City's Subdivision By-law, Zoning By-law, and Municipal Plan. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The approach proposed by Staff with respect to the issues raised during the Public Hearing, seeks to respect the interests, and mitigate the concerns expressed by area residents. ATTACHMENTS Building Renderings Palo] No mm 0-2 M am mm 0-2 WS' am mm U-no 1 0 IMM MMIMMIMM w Im AWAN N N + I 'r 1� L7 , am &Mon! a a Imumm affs1■� aK Woll MIR rza-m- a■0 ra - n BY-LAW NUMBER C.P. 111-143 A LAW TO AMEND THE ZONING BY-LAW OF THE CITY OF SAINT JOHN ARRETE No C.P. 111-143 ARRETE MODIFIANT L'ARRETE DE ZONAGE DE THE CITY OF SAINT JOHN Be it enacted by The City of Saint John Lors d'une reunion du conseil in Common Council convened, as communal, The City of Saint John a follows: decrete ce qui suit : The Zoning By-law of The City of Saint John enacted on the fifteenth day of December, A.D. 2014, is amended by: Amending Schedule "A", the Zoning Map of The City of Saint John, by rezoning a parcel of land having an area of approximately 6914 square metres, located at 200 Cambridge Drive also identified as a portion of PID Number 55203145, from Two -Unit Residential (R2) to Mid -Rise Residential (RM) pursuant to a resolution adopted by Common Council under Section 59 of the Community Planning Act. - all as shown on the plan attached hereto and forming part of this by-law IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by-law the ` day of A.D. 2022 and signed by: Mayor/Maire L'arrete sur le zonage de The City of Saint John, decrete le quinze (15) decembre 2014, est modifie par: La modification de II "'annexe «A»„ Plan de zonage de la villle de Saint John, permettant de modifier la designation pour une parcelle de terrain d' une superficie d' environ 6914 metres carres, situe au 200, promenade Cambridge, et portant une partie de NID 55203145 de Zone residentielle bifamiliale (112) a Zone residentielle — immeubles d'habitation de hauteur moyenne (RM) conformement a une resolution adoptee par le conseil municipal en vertu de I'article 59 de la Loi sur I'urbanisme. - 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 2022, avec les signatures suivantes : Common Clerk/Greffier communal First Reading - November 14, 2022 Premiere lecture - le 14 novembre 2022 Second Reading — November 14, 2022 Deuxieme lecture — le 14 novembre 2022 Third Reading - Troisieme lecture - 214 GROWTH & COMMUNITY DEVELOPMENT SERVICES SERVICE DE LA CROISSANCE ET DU DEVELOPPEMENT COMMUNAUTAIRE REZONING / REZONAGE Amending Schedule "A" of the Zoning By -Law of The City of Saint John Modifiant Annexe «A» de I'Arrete de zonage de The City of Saint John FROM / DE Two -Unit Residential Zone residentielle R2 ® RM bifamiliale TO / A Mid -Rise Residential Zone residentielle - immeubles de hauteur moyenne Pursuant to a Resolution under Section 59 of the Community Planning Act Conformement a une resolution adoptee par le conseil municipal en vertu de I'article 59 de la Loi sur I'urbanisme Applicant: Hughes Surveys & Consultants Location: 200 Cambridge Drive PID(s)/NIP(s): 55203145 (portion), 55166813 Considered by P.A.C./Considers par le C.C.U.: October 12 octobre, 2022 Enacted by Council/Approuve par le Conseil: Filed in Registry Off ice/Enregistre le: By -Law #/Arrete #: Drawn by/Creee par: Andrew Pollock Date drawn/Carte creee: December 8 decembre, 2022 215 CITY OF SAINT JOHN NEW BRUNSWICK A By-law Respecting the Construction, Repair and Demolition of Buildings and Structures in The City of Saint John By-law Number BC-1 An uncertified copy of this by-law is available online Arrete concernant 1'edification, la reparation et la demolition de batiments et de constructions dans The City of Saint John Arrete numero BC-1 Une copie non certifiee de 1' arrete est disponible en ligne -2- TABLE OF CONTENTS TABLE DES MATIERES Section Description Page Article Designation Page Recitals 5 Pr6ambule 5 1 Title 7 1 Titre 7 2 Definitions 7 2 Definitions 7 3 Interpretation 15 3 Interpr6tation 15 4 Purpose 16 4 Objet 16 5 Scope 17 5 Champ d'application 17 6 Adoption of Codes 17 6 Adoption de codes 17 7 Prohibition 18 7 Interdiction 18 8 Work Not Requiring Permits 18 8 Travaux ne n6cessitant pas de 18 permis 9 Building Permit Applications 19 9 Demandes de permis de 19 construction 10 Building Permit Approval 23 10 Approbation du permis de 23 construction 11 Phased Building permit 26 11 Permis de construction par 26 kapes 12 Permit Revocation and 27 12 Revocation et annulation de 27 Cancellation permis 13 Fees 29 13 Droits 29 14 Refundable Deposit 30 14 Dep6t remboursable 30 15 Inspection Scheduling 32 15 Inspections 32 16 Building permit Conditions 32 16 Conditions aff6rentes au 32 permis de construction PALM -3- 17 Inspectable Items 35 18 Inspection Approval 35 19 Occupancy Inspection 35 20 Occupancy Permit Approval 36 21 Occupancy Permit Revocation 39 22 Relocation Application 40 23 Demolition Application 40 24 Demolition Approval 42 25 Demolition Permit Conditions 44 26 Public Property Damage 47 27 General 47 28 Orders 48 29 Right to Enter 49 30 Repeal 50 31 Transitional — Permits 51 32 Transitional — Applications 51 33 Transitional — Conditional 52 Occupancy Permit 34 Transitional — Phased Building 52 Permits 17 Objet des inspections 35 18 Approbation de l'inspection 35 19 Inspection de l'occupation 35 20 Approbation du permis 36 d'occuper 21 Revocation du permis 39 d'occuper 22 Demande de d6placement 40 23 Demande de permis de 40 demolition 24 Approbation d'une demolition 42 25 Conditions aff6rentes au 44 permis de demolition 26 Dommages causes aux biens 47 publics 27 Generalites 47 28 Ordonnances 48 29 Droit de p6n6trer dans des 49 lieux 30 Abrogation 50 31 Transition — Permis 51 32 Transition — Demandes 51 33 Transition — Permis d'occuper 52 conditionnels 34 Transition — Permis de 52 construction par 6tapes PAF-11 Schedule A: Work Not 55 Annexe A: Travaux ne 55 Requiring a Permit n6cessitant pas de permis Schedule B: Scheduled 59 Annexe B : Inspections 59 Inspections for Building pr&vues — permis de Permits construction Schedule C: Fees 63 Annexe C : Droits 63 Schedule D: Assigned Estimate 65 Annexe D : Valeurs 65 for Minor and Medium estimatives attribu&es — Residential logements a densit& faible ou moyenne Schedule E: Refundable 67 Annexe E : D&p6ts 67 Deposits remboursables Schedule F: Tiers 69 Annexe F : Cat&gories 69 -5- RECITALS WHEREAS The City of Saint John deems it advisable to pass this by-law because it will establish standards of construction of buildings and structures within the City; AND WHEREAS subsection 5(1) of the Building Code Administration Act provides that a council of a local government may make a building by-law to prescribe standards for the building, locating or relocating, demolishing, altering, structurally altering, repairing or replacing, or any combination of the work, of a building; AND WHEREAS paragraph 9(l)(a) of the Building Code Administration Act provides that for the purpose of ensuring compliance with a building by-law, this Act or a regulation under this Act, a building inspector may, at any reasonable time, enter any building or real property in the area for which the inspector has the responsibility of conducting inspections; AND WHEREAS subsection 14(1) of the Building Code Administration Act provides that if construction or demolition work is undertaken in contravention of the Code, a building by-law, this Act or a regulation under this Act, a building inspector may make one or more of the following orders: (a) cessation of the construction or demolition work; (b) alteration of the construction or demolition work to remove the contravention; and (c) taking any other action required to PREAMBULE ATTENDU QUE, The City of Saint John estime souhaitable d'adopter le present arrete puisqu'il etablit des normes regissant la construction de batiments et de constructions dans la municipalite; ATTENDU QUE, la Loi sur Vadministration du Code du bdtiment, en son paragraphe 5(1), autorise le conseil d'un gouvernement local a prendre un arrete de construction qui prevoit des normes regissant 1'edification, la determination de 1'emplacement, le deplacement, la demolition, la modification, la modification de la structure, la reparation ou le remplacement d'un bdtiment ou d'une construction ou toute combinaison de ces travaux; ATTENDU QUE, en vertu de 1'alinea 9(1)a) de la Loi sur Vadministration du Code an bdtiment afin de s' assurer du respect de 1' arrete de construction ainsi que de la presente loi et de ses reglements, 1'inspecteur des constructions peut, a toute heure raisonnable, penetrer dans les batiments ou sur les biens immobiliers situes sur son territoire de competence; ATTENDU QUE, en vertu du paragraphe 14(1) de la Loi sur Vadministration du Code du bdtiment, s'il constate que des travaux de construction ou de demolition soot entrepris en contravention du Code, d'un arrete de construction ou encore de la presente loi ou de ses reglements, 1'inspecteur des constructions peut ordonner : a) la cessation des travaux, b) la modification des travaux pour remedier a la contravention; c) la prise de toute autre mesure jugee PIN91 make the building or real property safe; AND WHEREAS subsection 16(1) of the Building Code Administration Act provides that a person who violates or fails to comply with a provision of a building by-law or a regulation commits an offence punishable as a category B offence under the Provincial Offences Procedure Act; AND WHEREAS paragraph 16(3)(b) of the Building Code Administration Act provides that a person who violates or fails to comply with an order of a building inspector commits an offence punishable as a category E offence under the Provincial Offences Procedure Act; AND WHEREAS subsection 3(1) of the New Brunswick Regulation 2021-2 under the Building Code Administration Act provides that for the purposes of the definition "Code" in section 1 of the Act, the National Building Code of Canada 2015, as issued by the Canadian Commission on Building and Fire Codes, National Research Council of Canada, is adopted; AND WHEREAS subsection 3(2) of the New Brunswick Regulation 2021-2 under the Building Code Administration Act provides that The National Energy Code of Canada for Buildings 2011, as issued by the Canadian Commission on Building and Fire Codes, National Research Council of Canada, is adopted. n&cessaire pour rendre le batiment ou les biens immobiliers s6curitaires; ATTENDU QUE, en vertu du paragraphe 16(1) de la Loi sur Vadministration du Code du batiment commet une infraction punissable a titre d'infraction de la classe B en application de la Loi sur la procedure applicable aux infractions provinciales quiconque contrevient a une disposition d'un arr t& de construction ou d'un r&glement ou omet de s'y conformer; ATTENDU QUE, en vertu de Falin&a 16(3)b) de la Loi sur Vadministration du Code du batiment, quiconque contrevient ou omet de se conformer a tout ordre que donne un inspecteur des constructions commet une infraction punissable a titre d'infraction de la classe E en application de la Loi sur la procedure applicable aux infractions provinciales; ATTENDU QUE, en vertu du paragraphe 3(1) du R&glement du Nouveau -Brunswick 2021-2 pris en vertu de la Loi sur Vadministration an Code du batiment, aux fins d'application de la definition de Code» figurant a Farticle 1 de la Loi, est adopt& le Code national du batiment Canada 2015, publi& par la Commission canadienne des codes du batiment et de pr&vention des incendies, Conseil national de recherches du Canada; ATTENDU QUE, en vertu du paragraphe 3(2) du Reglement du Nouveau -Brunswick 2021-2 pris en vertu de la Loi sur Vadministration du Code du batiment, est 6galement adopt& le Code national de 1'energie pour les bdtiments Canada 2011, publi& par la Commission canadienne des codes du batiment et de pr&vention des incendies, Conseil national de recherches du Canada. NOW THEREFORE, the Common Council of A CES CAUSES, le conseil communal de The The City of Saint John enacts as follows: City of Saint John 6dicte : 221 -7- Title Titre 1 This by-law may be cited as the Building 1 Le present arret& peut etre cite sous le By -Law (hereinafter the `By-law"). titre : Arrete de construction (ci-apr&s « 1' arret& ))). Definitions 2(1) Where a word is defined, other parts of speech and grammatical forms of the same word shall have corresponding meaning. 2(2) Unless otherwise defined herein, the words defined in the Code, when used in this By-law, shall have the same meaning as in the Code. Definitions 2(1) Les autres parties du discours et les autres formes grammaticales d'un terme d&fini ont un sens correspondant. 2(2) Sauf definition contraire dans le present arrete, les definitions du Code, s'appliquent &galement au present arrete. 2(3) The following definitions apply in this 2(3) Les definitions qui suivent s'appliquent au By-law. present arrete. "approved grading plan" means a grading plan or lot grading plan that has been associated to a lot as an approved grading plan pursuant to the Drainage By-law; (plan de nivellement approuve) "accessory building" means a building that is incidental, subordinate, and exclusively devoted to the main use, building, or structure located on the same lot; (batiment accessoire) "acting building inspector" means the person appointed by Council as the acting building inspector; (inspecteur des constructions par interim) "adverse effect" means impairment of or damage to, or the ability to cause impairment of or damage to: (a) a system of facilities for receiving, conveying, and controlling stormwater, including, ditches, culverts, swales, plan de nivellement approuv& » Plan de nivellement ou plan de nivellement d'un lot qui constitue, en vertu de Z'Arrete sur le drainage, le plan de nivellement approuve a 1' egard de ce lot; (approved grading plan) batiment accessoire » Batiment annexe et secondaire par rapport a l'usage principal, au batiment principal ou a la construction principale situ& sur le meme lot, et qui est affect& exclusivement a cet usage; (accessory building) inspecteur des constructions par interim » La personne nomm&e par le Conseil pour exercer la charge d'inspecteur des constructions par int&rim; (acting building inspector) effet n&faste » A 1' egard des 616ments qui suivent, se dit de leur d&gradation ou de dommages caus&s a ceux-ci, ou de la capacit& d' en causer la d&gradation ou d'y causer des dommages : a) un r&seau d'installations pour recueillir, acheminer et contenir les eaux pluviales, qui est compos& notamment de foss&s, de 0% subsurface interceptor drains, streets, curb and gutters, catch basins, manholes, pipes, outfalls and detention and retention ponds; (b) the existing municipal combined sewer system or the storm sewer system; (c) human health or safety; (d) property; (e) the environment; or (f) the stability of a slope or top of a bank; and includes adverse effects include erosion, flooding and icing on streets; (effet nefaste) ponceaux, de rigoles de drainage, drains d'interception, de rues, de bordures de trottoir et de caniveaux, de puisards, de trous d'homme, de conduites, d'emissaires, de bassins secs et de bassins de retenue; b) 1' egout unitaire municipal ou 1' egout pluvial existant; c) la sante et la securite des humains; d) des biens; e) 1' environnement; f) la stabilite d'une pente ou du sommet d'un talus. La presente definition vise notamment 1'erosion, l'inondation et la formation de glace sur les rues; (adverse effect) "business day" means Monday through « jour ouvrable» S'entend des jours du lundi au Thursday except: jeudi, a 1'exclusion des jours suivants : (a) Family Day, Good Friday, Easter Monday, Victoria Day, New Brunswick Day, Labour Day, National Day for Truth and Reconciliation, and Thanksgiving Day; (b) New Year's Day, Canada Day, Remembrance Day, Christmas Day, Boxing Day, except if that day falls on a Saturday or Sunday in which case the following weekday; and a) le jour de la Famille, le Vendredi saint, le lundi de Paques, le jour de Victoria, la fete du Nouveau -Brunswick, la fete du Travail, la Journee rationale de la verite et de la reconciliation et leiour de 1'Action de graces; b) le jour de 1'An, la fete du Canada, le jour du Souvenir, le jour de Noel, le lendemain de Noel ou, si ce jour tombe un samedi ou un dimanche, le jour de semaine suivant; (c) days that are holidays for employees c) les jours qui constituent des jours under the City's collective agreements; feries pour les employes au titre de leur (jour ouvrable) convention collective conclue avec la municipalite; (business day) "building inspector" means the person « inspecteur des constructions » La personne appointed by Council as building inspector or any person appointed by Council to act in the building inspector's place; (inspecteur des constructions) "building occupancy" means the occupancy classifications of a building or structure, or part thereof, as defined in the Code; (occupation d'un batiment) "building permit" means a permit pursuant to this By-law which pertains to work; (permis de construction) "City" means the geographical area within the boundaries of The City of Saint John in the County of Saint John in the Province of New Brunswick; (municipalite) "city inspector" means and includes the building inspector, the acting building inspector, the deputy building inspector, and persons employed in the City's Growth and Community Services Department, or its successor or equivalent, as assistant building inspector, technical services engineer, by-law enforcement officer, plumbing inspector or infrastructure development official; (inspecteur municipal) "Code" means the National Building Code of Canada 2015 adopted by New Brunswick Regulation 2021-2 under the Building Code Administration Act, including all revisions, errata and corrections to errata issued from time to time; as varied by the Barrier Free Design Building Code Regulation, New Brunswick Regulation 2021-3 under the Building Code Administration Act; (Code) nommee par le conseil pour exercer la charge d'inspecteur des constructions ou la personne que l'inspecteur des constructions charge d'agir pour son compte; (building inspector) occupation d'un batiment » Les classifications d'occupation d'un batiment ou d'une construction, ou d'une partie de ceux-ci, definies daps le Code; (building occupancy) permis de construction » Permis se rapportant a des travaux qui est delivre en vertu du present arrete; (building permit) municipalite » Le secteur geographique se trouvant dans les limites de The City of Saint John, dans le comte de Saint John et la province du Nouveau -Brunswick; (City) inspecteur municipal» S'entend de l'inspecteur des constructions, de l'inspecteur des constructions par interim, de l'inspecteur adjoint des constructions, du personnel du service de la Croissance et du Developpement communautaire de la municipalite ou de son successeur ou son equivalent, en qualite d'inspecteur adjoint des constructions, d'ingenieur en services techniques, d'agent charge de 1'execution des arretes, d'inspecteur en plomberie ou d'agent de planification de l'infrastructure; (city inspector) Code » Designe le Code national du batiment Canada 2015, adopte par le Reglement du Nouveau -Brunswick 2021-2 sous la Loi sur Vadministration an Code du batiment, y compris toutes les revisions, tous les errata et toutes les corrections d'errata publiees de temps a autre; tel que modifie par Reglement d'application an Code du batiment portant sur la conception sans obstacles — Reglement du Nouveau -Brunswick 2021-3 pris en vertu de la Loi sur Vadministration du Code du batiment; (Code) "conditional occupancy permit" means a « permis d'occuper conditionnel» Permis fPO►z! -10- permit pursuant to this By-law which pertains to occupancy of a building for a period of time; (permis d'occuper conditionnel) delivre en application du present arrete qui se rapporte a l'occupation d'un bdtiment pendant une periode; (conditional occupancy permit) "Council" means the Common Council of The « conseil » Le conseil communal de The City of City of Saint John; (conseil) Saint John; (Council) "demolition permit" means a permit pursuant to this By-law which pertains to demolition; (permis de demolition) "deputy building inspector" means the person appointed by Council as deputy building inspector or any person appointed by Council to act in the deputy building inspector's place; (inspecteur adjoint des constructions) "Drainage By-law" means the Drainage By-law, By-law Number M-32; (Arrete sur le drainage) "estimate" means the total monetary worth of all construction and demolition involved in the proposed work or demolition including: (a) all wall finishes; (b) miscellaneous structures; (c) roofing; (d) electrical; (e) plumbing; (f) permanent or fixed mechanical equipment; (g) elevator equipment; (h) fire sprinkler equipment; (i) any permanent equipment; permis de demolition » Permis delivre en vertu du present arrete qui se rapporte a la demolition; (demolition permit) inspecteur adjoint des constructions » La personne nommee par le conseil pour exercer la charge d'inspecteur adjoint des constructions ou la personne que le conseil charge d' agir pour son compte; (deputy building inspector) Arrete sur le drainage » L' arrete no M-32, soit 1'Arre1e sur le drainage, (Drainage By-law) valeur estimative » Valeur pecuniaire totale de 1'ensemble de la construction et de la demolition visees par les travaux proposes, qui font partie des travaux et qui sont necessaires a 1'achevement des travaux, y compris de ce qui suit: a) tous les revetements muraux; b) les constructions diverses; c) la toiture; d) le cdblage; e) la plomberie; f) le materiel mecanique permanent ou fixe; g) les ascenseurs; h) les extincteurs automatiques; i) toute installation permanente; OR -11- 0) all labour, valued at that of a third party; (k) materials and other devices; and (1) site preparation and alteration; incorporated into and necessary to the execution of the work and demolition in its completed form; (valeur estimative) "general specifications" means the latest edition of the document entitled "General Specifications" of The City of Saint John; (specifications generales) "infrastructure development official" means persons employed with the City's Growth and Community Services Department, its successor or equivalent, as: (a) infrastructure development manager; (b) municipal engineer — infrastructure development; (c) municipal engineering technologist — infrastructure development; (agent de planification de l'infrastructure) "land surveyor" means a member in good standing with the Association of New Brunswick Land Surveyors authorized under the New Brunswick Land Surveyors Act, SNB 1986, c 91, to practice land surveying in the Province of New Brunswick; (arpenteur-geometre) j) la main -d'oeuvre, au prix de tiers; k) les materiaux et autres dispositifs; 1) la preparation et la modification du chantier; (estimate) specifications generales» S'entend de la version la plus recente du document intitule o General Specifications » de The City of Saint John; (general specifications) agent de planification de l'infrastructure» Personne employee par le service de la Croissance et du Developpement communautaire de la municipalite, son successeur ou son equivalent, en qualite de, selon le cas : a) directeur de la planification de 1' infrastructure; b) ingenieur municipal — planification de l'infrastructure; c) ingenieur technologue municipal — planification de 1'infrastructure; (infrastructure development official) arpenteur-geometre » Membre en regle de l'Association des arpenteurs-geometres du Nouveau -Brunswick autorise en vertu de la Loi de 1986 sur les arpenteurs-geometres an Nouveau -Brunswick (L_N-B.1986, ch.91) a exercer 1' activite d' arpentage au Nouveau -Brunswick; (land surveyor) "lot" means a parcel of land, or two or more « lot » Parcelle, ou deux ou plusieurs parcelles adjoining parcels of land held by the same owner contigues, appartenant au meme proprietaire et WOU -12- and used or intended to be used as the site for a main building or main structure along with any associated accessory building or accessory structure, amenity space, driveway, landscaping, or parking area whether or not such lot is shown on a filed subdivision plan, or is the subject matter of a separate deed, or separate description in a deed; (lot) "main building" means the building or buildings intended to accommodate the main use or uses permitted by the Zoning By-law on a lot; (batiment principal) "mechanical equipment" includes: (a) condensers; (b) heating, ventilation and air conditioning equipment; and (c) generators; (materiel mecanique) "municipal development plan" means the 2011 document entitled "City of Saint John Municipal Plan"; (plan municipal d'amMagement) "minor and medium residential" means a 1-unit dwelling, 2-unit dwelling, semi-detached dwelling and townhouse dwelling; (logement a densite faible ou moyenne) "occupancy, change of" means a change of occupancy classification for a building or structure, or part thereof, as defined in the Code; (changement d'occupation) "occupancy permit" means a permit under this By-law which pertains to occupancy of a building servant ou destinees a servir d'emplacement a un batiment principal ou a une construction principale et, s'il en est, aux batiments accessoires et constructions accessoires, espaces d'agrement, voies d' acces, amenagements paysagers ou aires de stationnement connexes, que ce lot soit illustre ou non sur un plan de lotissement enregistre et qu'il fasse l'objet ou non d'un acte de transfert distinct ou d'une description distincte daps un acte de transfert; (lot) batiment principal » Le ou les batiments destines a accueillir l'usage principal ou les usages principaux permis sur un lot par 1'Arrete de zonage, (main building) materiel mecanique » Vise notamment ce qui suit : a) les condenseurs; b) les appareils de chauffage, de ventilation et de climatisation de fair; c) les generatrices; (mechanical equipment) plan municipal d'amenagement» Le document de 2011 intitule « Plan municipal de The City of Saint John »; (municipal development plan) logement a densite faible on moyenne » S'entend d'une habitation unifamiliale, d'une habitation bifamiliale, d'une habitation jumelee ou d'une habitation en rangee; (minor and medium residential) changement d'occupation» Changement de la classification d'occupation d'un batiment ou d'une construction, ou d'une partie de ceux-ci, au lens defini dans le Code; (occupancy, change of) permis d'occuper » Permis delivre en application du present arrete qui se rapporte a NOW -13- or structure but is not a conditional occupancy permit; (permis d'occuper) "Part" means a part in the Code; (partie) "phased building permit" means a permit under this By-law which pertains to work for a portion of a building or structure; (permis de construction par etapes) "professional engineer" means a member in good standing with the Association of Professional Engineers and Geoscientists of New Brunswick and registered or licensed to practice engineering in the Province of New Brunswick; (ingenieur) "qualified professional" means a person who is (a) a professional engineer; (b) a member in good standing with the Architects' Association of New Brunswick and has a certificate of practice or licence from such association to practice architecture in the Province of New Brunswick; or (c) a member in good standing with the Association of Interior Designers of New Brunswick registered to practice interior design in New Brunswick (professionnel) "refundable deposit" means a sum of money of such amount as required by this By-law to be held by the building inspector; (depot remboursable) l'occupation d'un batiment ou d'une construction, mais qui n'est pas un permis d'occuper conditionnel; (occupancy permit) partie » Partie du Code; (Part) permis de construction par etapes o Permis delivre en application du present arrete se rapportant a des travaux a effectuer sur une partie d'un batiment ou d'une construction; (phased building permit) ingenieur» Membre en regle de 1'Association des ingenieurs et des geoscientifiques du Nouveau -Brunswick qui est inscrit ou titulaire d'un permis ou d'une licence 1'autorisant a exercer la profession d'ingenieur au Nouveau -Brunswick; (professional engineer) professionnel» S'entend, selon le cas : a) d'un ingenieur; b) d'un membre en regle de 1'Association des architectes du Nouveau -Brunswick qui est titulaire d'un certificat d'exercice ou d'un permis delivre par cette association et qui est autorise a exercer 1'architecture au Nouveau -Brunswick; ou c) d'un membre en regle de 1'Association des designers d'interieur du Nouveau -Brunswick titulaire d'un permis 1'autorisant a exercer la profession de designer d'interieur au Nouveau -Brunswick (qualified professional) depot remboursable » Somme d'un montant prescrit par le present arrete qui est consignee a 1'inspecteur des constructions; (refundable deposit) "rough grading plan" means a plan indicating « plan de nivellement preliminaire » Plan PIN:] -14- the following information about a lot: (a) elevations at the corners of the lot; (b) top of foundation wall elevation; (c) basement floor elevation; (d) location and grade of all surface drainage features; and (e) elevation at centreline of street; (plan de nivellement preliminaire) "surface drainage feature" means any feature or features intended to control the drainage of stormwater including swales, the sloping and contouring of land that facilitates the drainage or control of stormwater, structures, or concrete or asphalt gutters; (element de drainage de surface) "stormwater" means surface run-off water and precipitation, including snowmelt and ice melt; (eaux pluviales) "street" means the entire width between the boundary lanes of every highway, road, lane, alley, curb, sidewalk, park or place when any part thereof is used by the general public for the passage of vehicles and pedestrians, and includes bridges thereon; (rue) "The City of Saint John" means a body corporate by Royal Charter confirmed and amended by Acts of the Legislative Assembly of the Province of New Brunswick; (The City of Saint John) indiquant les renseignements suivants au sujet d'un lot : a) 1' elevation aux coins du lot; b) 1'e1evation au sommet du mur de fondation; c) 1' elevation du plancher du sous-sol; d) 1' emplacement et la pente de tous les elements de drainage de surface; e) 1' elevation a 1' alignement de la rue; (rough grading plan) element de drainage de surface » Element destine a controler 1' ecoulement des eaux pluviales, notamment les rigoles de drainage, les pentes et les contours de terrains pour faciliter 1'&coulement des eaux pluviales ou leur retenue, les constructions ou les caniveaux en b&ton ou en asphalte; (surface drainage feature) eaux pluviales » S' entend des eaux de ruissellement et des precipitations, y compris de 1'eau de fonte de la neige et de la glace; (stormwater) rue » S' entend de la largeur totale de 1' emprise d'une route, d'un chemin, d'une ruelle, d'une allee, d'une bordure de trottoir, d'un trottoir, d'un parc ou d'une place publique, lorsqu'une partie de celle-ci est utilis&e par le public pour le passage de v&hicules et de pi&tons, et vise notamment les ponts qui s'y trouvent; (street) The City of Saint John » Corps constitu& par charte royale qui a &t& confirm& et modifi& par des loin adopt&es par 1'Assembl&e 16gislative de la province du Nouveau -Brunswick; (The City of Saint John) "Water and Sewerage By-law" means by-law « Arret& concernant les reseaux d'eau et OR] - 15 - numberM-16 entitled "A By-law Respecting Water and Sewerage"; (Arrete concernant les reseaux d'eau et d'egouts) "work" means the building, altering, structurally altering, locating or relocating, repairing or replacing, changing of occupancy, or any combination thereof, of a building or structure; (travaux) "work to which an occupancy permit applies" means a newly constructed building or structure, a building or structure that has undergone a change of occupancy or a newly created dwelling unit within an existing building or structure, or any part or parts thereof, (travaux auxquels s'applique un permis d'occuper) d'6gouts » L'arret6 n° M-16 intitul6 « Arrete concernant les reseaux d 'eau et d 'egouts »; (Water and Sewerage By-law) travaux» L'&dification, la modification, la modification de la structure, la d6termination de 1'emplacement ou le d6placement, la r6paration ou le remplacement, le changement d'occupation d'un batiment ou d'une construction, ou toute combinaison de de ces travaux; (work) travaux auxquels s'applique un permis d'occuper» S'entend d'un batiment ou d'une construction nouvellement &difi&s ou qui ont fait l'objet d'un changement d'occupation, d'un logement nouvellement cr66 a l'int6rieur d'un batiment ou d'une construction existants, ou de toute partie de ceux-ci; (work to which an occupancy permit applies) "Zoning By-law" means the Zoning By-law, by- « Arrete de zonage » L' arret6 no C.P. 111, soit law number C.P. 111. (Arrete de zonage) 1'Arrete de zonage . (Zoning By-law) Interpretation 3 Rules for interpretation of the language used in this By-law are contained in the lettered paragraphs as follows: (a) The captions, article and section names and numbers appearing in this By- law are for convenience of reference only and have no effect on its interpretation. (b) This By-law is to be read with all changes of gender or number required by the context. (c) Each reference to legislation in this By-law is printed in Italic font. The reference is intended to include all Interpretation 3 Les r&gles qui suivent s' appliquent a 1'interpr&tation du pr&sent arret& : a) les titres, sous -titres et intertitres et la num6rotation qui figurent dans le pr6sent arret& ne sont donn&s que par simple souci de commodit& et n'ont aucune incidence sur son interpretation. b) selon le contexte, le masculin ou le f6minin s'applique, le cas &ch&ant, aux personnes physiques de 1'un ou 1'autre sexe, et le pluriel ou le singulier s'applique, le cas &ch&ant, a l'unit6 ou a la pluralit6. c) Les renvois 16gislatifs paraissent en italique. Le renvoi a une loi vise 6galement les modifications qui s'y appliquent, y P49191 -16- applicable amendments to the legislation, including successor legislation. Where this By-law references other by-laws of the City, the term is intended to include all applicable amendments to those by- laws, including successor by-laws. (d) The requirements of this By-law are in addition to any requirements contained in any other applicable by-laws of the City or applicable provincial or federal statutes or regulations. (e) If any section, subsection, paragraph, part or parts or provision of this By-law, is for any reason declared by a court or tribunal of competent jurisdiction to be invalid, the ruling shall not affect the validity of the By-law as a whole, nor any other part of it. Purpose 4 The purpose of this By-law is: Objet 4 (a) to prescribe standards for the building, locating or relocating, demolishing, altering, structurally altering, repairing or replacing, or any combination thereof, of a building or structure; (b) to prohibit the undertaking or continuing of such work in violation of standards prescribed by this By-law; and (c) to prescribe a system of permits for such work, their terms and conditions, the conditions under which they may be issued, suspended, reinstated, revoked and renewed, their form and the fees to be paid. compris toute 16gislation de remplacement. Les renvois a d'autres arretes de la municipalit6 visent &galement les modifications qui s'y appliquent, y compris tout arret& de remplacement. d) Les obligations qu'il cr&e s' aj outent a celles decoulant d'autres arretes applicables de la municipalit6 ou des lois et r6glements applicables des gouvernements f&d&ral ou provinciaux. e) une declaration d'invalidite faite, quels qu'en soient les motifs, par un tribunal judiciaire ou administratif competent a 1'egard d'une partie ou d'une disposition du pr&sent arret6 ne porte pas atteinte a la validite de 1' arrete dans son ensemble, ni a celle de ses autres parties. Le pr6sent arret6 a pour obj et : a) de fixer des normes quant a 1'6dification, la d6termination de 1'emplacement ou le d6placement, la d6molition, la modification, la modification de la structure, la r6paration ou le remplacement d'un batiment ou d'une construction, ou toute combinaison de ces travaux; b) d'interdire d'entreprendre ou de poursuivre ces travaux en violation des normes prescrites par le pr6sent arret&; c) d'instaurer un syst&me de permis pour ces travaux, et d'arreter les modalit&s et les conditions de Mivrance, de suspension, de r6tablissement, de r&vocation et de renouvellement des permis, leur forme et les droits a payer. 231 -17- Scope 5(1) This By-law applies to the design, locating, construction and occupancy of new buildings and structures, and the alteration, repair or replacement, structurally altering, demolition, relocation and occupancy of existing buildings and structures, or any portion of existing buildings and structures, or any combination thereof, except as otherwise provided herein. 5(2) Without limiting the generality of subsection 5(1), where a building or structure or any part thereof is altered or repaired, this By-law applies to the parts of the building or structure that are to be altered or repaired, and to any other part of the building or structure that are affected by the alterations or repairs. 5(3) Without limiting the generality of subsection 5(2), this By-law applies to any building or structure or any part thereof that has been affected in any manner in whole or in part by a change of occupancy. Adoption of Codes 6(1) The Code as defined in this By-law is hereby adopted in relation to all buildings and structures for which standards are therein prescribed. 6(2) The National Energy Code of Canada for Buildings 2011 adopted by New Brunswick Regulation 2021-2 under the Building Code Administration Act, is hereby adopted in relation to all buildings and structures for which standards are therein prescribed. Champ d'application 5(1) Le present arrete s'applique a la conception, a la determination de 1'emplacement a 1'edification et a l'occupation de constructions et de batiments neufs, ainsi qu' a la modification, a la reparation ou au remplacement, a la modification de la structure, a la demolition, au d&placement et a l' occupation de tout ou partie de batiments et constructions existants ou d'une combinaison quelconque de ces travaux, sauf disposition contraire du present arrete. 5(2) Sans limiter la g&n&ralit& du paragraphe 5(1), lorsque tout ou partie d'un batiment ou d'une construction fait l'objet de modifications ou de reparations, le present arret& s'applique aux parties du batiment ou de la construction a modifier ou a r&parer, et a toutes les autres parties du batiment ou de la construction qui soot touch&es par les modifications ou les reparations. 5(3) Sans limiter la generalite du paragraphe 5(2), le present arrete s'applique aux batiments et constructions qui ont fait l'objet de quelque mani&re que ce soit, en tout ou en partie, d'un changement d'occupation. Adoption de codes 6(1) Le Code, comme d&fini dans le present arrete, est par les pr&sentes adopt& en ce qui concerne les batiments et les constructions auxquels s'appliquent les normes qui y sont prescrites. 6(2) Le Code national de 1'energie pour les batiments Canada 2011, adopt& par le R&glement du Nouveau -Brunswick 2021-2 pris en vertu de la Loi sur Vadministration du Code du batiment, est par les presentes adopt& en ce qui concerne les batiments et les constructions 09% Prohibition 7(1) A person shall not undertake or continue any work unless: (a) the work conforms with the Code and the National Energy Code of Canada for Buildings 2011; (b) the work conforms with this By-law; and (c) a valid building permit or phased building permit for such work has been issued pursuant to this By-law. 7(2) No person shall demolish or cause the demolition of a building or structure within the City without a demolition permit issued pursuant to this By-law. 7(3) No person shall undertake or continue any work or demolition contrary to any of the terms and conditions that are stated in this By-law or are stated in a building permit, phased building permit or demolition permit that has been issued with respect to such work or demolition. 7(4) No person having authority with respect to work or demolition of any building or structure shall cause or permit any condition unsafe to the public to exist with respect to such work or demolition. auxquels s'appliquent les normes qui y sont prescrites. Interdiction 7(1) 11 est interdit d' entreprendre ou de poursuivre des travaux a moins que les conditions suivantes ne soient r&unies : a) les travaux sont conformes au Code et au Code national de 1 'energie pour les bdtiments Canada 2011; b) les travaux sont conformes au present arret&; c) un permis de construction ou un permis de construction par &tapes concernant les travaux a &t& d&livr& en vertu du pr&sent arret&. 7(2) I1 est interdit de d&molir ou de faire d&molir un batiment ou une construction dans la municipalit& sans avoir d'abord obtenu un permis de d&molition d&livr& en vertu du pr&sent arr t&. 7(3) 11 est interdit d' entreprendre ou de poursuivre des travaux ou une d&molition en violation des conditions &none&es dans le pr&sent arret& ou dans un permis de construction, un permis de construction par &tapes ou un permis de d&molition d&livr& pour ces travaux ou cette d&molition. 7(4) 11 est interdit a quiconque ayant la charge de travaux ou de la d&molition d'un batiment ou d'une construction de causer des conditions dangereuses pour le public ou de permettre que telles conditions soient caus&es relativement a ces travaux ou a cette demolition. Work Not Requiring Permits Travaux ne n&cessitant pas de permis 8(1) Notwithstanding subsection 7(1) a person 8(1) Nonobstant le paragraphe 7(1), une P49191 -19- shall be exempted from requiring a permit for the work or demolition listed in Schedule "A". 8(2) Nothing in Schedule "A" exempts moving or changing partitions, repairs or alterations or structural alterations to fire separations or structural components in a building or structure from requiring a permit. Building Permit Applications 9(1) A person shall apply to the building inspector for the issuance of a building permit in the form prescribed by the building inspector. 9(2) A building permit holder, a registered property owner, or a person with a registered lease in the property, may apply to the building inspector to modify a valid building permit in the form prescribed by the building inspector. 9(3) An applicant for a building permit, a registered property owner, or a person with a registered lease in the property, may apply to the building inspector to modify an application for building permit in the form prescribed by the building inspector. 9(4) Every application for a building permit or modification of a building permit must: (a) identify and describe in detail all proposed work and building occupancy; (b) state the location of the lot upon which the proposed work is to be performed including: (i) civic number; personne n'est pas tenue de demander un permis pour les travaux ou demolitions enumeres a I'annexe A. 8(2) L' annexe A n' a pas pour effet de soustraire a l'obligation d'obtenir un permis pour le deplacement ou la modification de cloisons, la reparation, la modification ou la modification de la structure de separations coupe -feu ou d'elements de structure d'un batiment ou d'une construction. Demandes de permis de construction 9(1) La demande de permis de construction est presentee a l'inspecteur des constructions en la forme que prescrit ce dernier. 9(2) Le titulaire d'un permis de construction, le proprietaire enregistre du bien ou le preneur a bail enregistre du bien peut demander la modification d'un permis de construction valide a l'inspecteur des constructions en la forme que prescrit ce dernier. 9(3) L'auteur d'une demande de permis de construction, le proprietaire enregistre du bien ou le preneur a bail enregistre du bien peut demander la modification d'une demande de permis de construction a l'inspecteur des constructions en la forme que prescrit ce dernier. 9(4) Les demandes de permis de construction ou de modification d'un permis de construction doivent repondre aux conditions suivantes : a) identifier et decrire en detail les travaux proposes et l'occupation du batiment proposee; b) indiquer 1'emplacement du lot sur lequel les travaux proposes seront effectues, y compris: (i) le numero de voirie, MCM! -20- (ii) street name; and (iii) parcel identifier number; (c) include complete, dimensioned and legible sets of all plans and specifications of the lot and building or structure with respect to the proposed work including, where applicable: (i) the building occupancy of all parts of the proposed building or structure and any other building or structure on the lot; (ii) a site plan indicating: a. the location of all existing and proposed buildings on the property and their distance from each other and property lines; b. the location of driveways locations; (ii) le nom de la rue, (iii) le num&ro d'identification de la parcelle; c) etre accompagn&es de series de plans dimensionnels lisibles de tous les plans et un devis descriptif du lot et du batiment ou de la construction vises par les travaux proposes, y compris, s'il y a lieu : (i) 1'occupation du batiment de toutes les parties du batiment ou de la construction propose et de tout autre batiment ou construction sur le lot, (ii) un plan de situation indiquant ce qui suit: a. 1'emplacement de tous les batiments existants et proposes sur le terrain, ainsi que la distance qui les s&pare les uns des autres et des limites de la propri&t&, and dimensions b. 1'emplacement et les ►r other access dimensions des voies d'acc&s ou de tout autre acc&s, c. the location and dimensions of driveway culverts; d. direction of stormwater flow and location and grade of surface drainage features. (iii) a site servicing plan including water, sanitary and storm services; c. 1'emplacement et les dimensions des ponceaux situ&s sous les voies d'acc&s, d. le sens de 1' &coulement des eaux pluviales et 1'emplacement et la pente des elements de drainage de surface, (iii) un plan de viabilisation du terrain d'implantation, y compris I'alimentation en eau et les &gouts sanitaires et pluviaux, P49191 -21 - (iv) all building cross sections; (v) all building elevations; (vi) all building floor layouts. (d) for proposed work to which Part 3 applies, include the plans referred to in paragraph 9(4)(c) stamped, signed and dated by a qualified professional except when (i) the estimate is less than $25,000.00; and (ii) the proposed work does not relate to structural modifications, exiting, fire separation or life safety; (e) for proposed work to which Part 4 applies, including roof trusses, floor trusses, lintels and beams, and any other structural components, include plans stamped, signed and dated by a professional engineer; (f) include confirmation of commitment and confirmation of field review for all qualified professionals in the form prescribed by the building inspector if paragraph 9(4)(d) or 9(4)(e) applies. (g) include all details relating to Division B Section 9.36 of the Code for the proposed work, where applicable; (h) when the lot on which the proposed work is to take place has an approved (iv) les coupes transversales des batiments, (v) les 616vations des batiments, (vi) les plans d'6tages des batiments; d) s'agissant de travaux propos6s auxquels s'applique la partie 3, etre accompagn&es des plans mentionn6s a 1' alin6a 9(4)c), dat&s et sur lesquels sont appos&s le cachet et la signature d'un professionnel, sauf si les conditions suivantes sont r6unies : (i) la valeur estimative est inf&rieure A 25 000 $, (ii) les travaux propos6s ne se rapportent pas a des modifications structurelles, aux sorties, aux s6parations coupe -feu ou a la s6curit6 de personnes; e) s'agissant de travaux propos6s auxquels s'applique la partie 4, y compris les fermes, les poutres de plancher triangul6es, les linteaux, les poutres et tout autre 616ment de structure, inclure les plans dat6s sur lesquels sont appos6s le cachet et la signature d'un ing6nieur; f) inclure une confirmation d'engagement et une confirmation de la surveillance g&n&rale des travaux pour tous les professionnels, en la forme que prescrit 1'inspecteur des constructions si 1'alin&a 9(4)d) ou e) s'applique. g) inclure tous les details se rapportant a la division B, article 9.36 du Code pour les travaux propos6s, s'il y a lieu; h) lorsqu'il existe, pour le lot ou doivent etre effectu&s les travaux propos6s, un plan 091-1 -22- grading plan, include a proposed rough grading plan; (i) state the estimate of the proposed work; 0) state the names, postal addresses, telephone numbers and email addresses of the applicant, registered property owner and any architect, engineer or other designer and contractor, as applicable; (k) when the building inspector or the applicant is aware of indicators that soils of the lot may be unsuitable for the proposed work, a soils report stamped, signed and dated by a professional engineer, indicating that the soil conditions of the lot are suitable for the proposed work or what additional measures need to be taken to make the soil conditions suitable for the proposed work. de nivellement approuve, inclure un plan de nivellement preliminaire; i) indiquer la valeur estimative des travaux proposes; j) enoncer les noms, adresses postales, numeros de telephone et adresses de courrier electronique de 1' auteur de la demande, du proprietaire enregistre du bien de 1'architecte, de l'ingenieur et des autres concepteurs et entrepreneurs, s'il en est; k) lorsque l'inspecteur des constructions ou 1'auteur de la demande a connaissance d'indicateurs selon lesquels les sols du lot sont impropres aux travaux proposes, inclure un rapport geotechnique date et sur lequel sont apposes le cachet et la signature d'un ingenieur, qui indique que les conditions du sol du lot soot propices aux travaux proposes ou qui precise les mesures supplementaires devant etre prises pour rendre les conditions du sol propices aux travaux proposes. 9(5) The building inspector shall accept an 9(5) L'inspecteur des constructions accepte la application for a building permit when: demande de permis de construction lorsque les conditions suivantes soot reunies: (a) the information submitted appears to be adequate to determine compliance with the provisions of this By-law; (b) the information submitted is correct; (c) the proposed work appears to meet the standards of the Code; (d) the full application fee has been received by the building inspector; a) les renseignements fournis semblent suffisants pour determiner si les dispositions du present arrete sont respectees; b) les renseignements presentes soot exacts; c) les travaux proposes semblent conformes aux normes prescrites par le Code; d) l'inspecteur des constructions a requ le plein droit de demande; P49YA - 23 - (e) the full refundable deposit has been received by the building inspector; and (f) the proposed work appears to meet the standards of the Zoning By-law, or the appropriate application has been submitted to The City of Saint John to bring the work within compliance with said by-law. 9(6) The building inspector may answer such relevant questions as may be reasonable with respect to the provisions of this By-law when requested to do so but, except for standard design aids, shall refrain from assisting in the laying out of any work and from acting in the capacity of a design, engineering or architectural consultant. 9(7) When the proposed work is not to the standards of this By-law, the building inspector may request revised submissions from the applicant to further describe the proposed work or to bring the proposed work within the standards of this By-law. Building Permit Approval 10(1) A person so authorized by Council shall issue a building permit or modified building permit to the applicant under subsections 9(1), 9(2) and 9(3) when: (a) the building inspector has received a complete application for building permit; (b) the building inspector has received all additional application fees pursuant to e) l'inspecteur des constructions a re�u le plein depot remboursable; f) soit les travaux proposes semblent respecter les normes prescrites par 1'Arrete de zonage, soit la demande appropriee a ete presentee a The City of Saint John afire de rendre les travaux conformes a cet arrete. 9(6) Sur demande, l'inspecteur des constructions peut repondre aux questions pertinentes qu'il estime raisonnables relativement aux dispositions du present arrete, mais, sauf en ce qui a trait a 1'application des normes de conception, it doit s'abstenir de participer a la planification des travaux et d' agir en qualite de consultant en conception, d'ingenieur-conseil ou d' architecte-conseil. 9(7) Lorsque les travaux proposes ne respectent pas les normes prescrites par le present arrete, l'inspecteur des constructions peut demander a 1'auteur de la demande de lui remettre des documents revises qui decrivent plus en detail les travaux proposes, ou de rendre les travaux proposes conformes aux normes prescrites par le present arrete. Approbation du permis de construction 10(1) La personne ainsi habilitee par le conseil delivre un permis de construction ou un permis de construction modifie a 1'auteur de la demande vise aux paragrapher 9(1), (2) et (3) lorsque les conditions suivantes sont reunies : a) 1'inspecteur des constructions a requ une demande de permis de construction accompagnee de tous les documents requis; b) l'inspecteur des constructions a requ tous les droits de demande additionnels P491:3 -24- subsection 13(2); (c) the building inspector has received the complete refundable deposit; (d) the proposed work meets the standards of this By-law; (e) the proposed work meets the Zoning By-law and the municipal development plan; (f) the proposed work does not conflict with any municipal services easements or public utility easements; (g) the site servicing plan is satisfactory for the proposed building occupancy; (h) if the proposed work will be on a lot that contains a main building that is a one -unit dwelling, two -unit dwelling, or a semi-detached dwelling, the proposed work includes grading land away from the proposed building or structure and will not cause an adverse effect; (i) if the lot on which the proposed work is to take place has an approved grading plan, the proposed work is in accordance with the approved grading plan; 0) if a soil report was provided to the building inspector, that the soil report indicates that the soil is suitable, or the work includes measures to make the soil suitable pursuant to the recommendations of the soil report; and prescrits par le paragraphe 13(2); c) l'inspecteur des constructions a re�u le plein depot remboursable; d) les travaux proposes sont conformes aux normes prescrites par le present arrete; e) les travaux proposes sont conformes a 1'Arrete de zonage et au plan municipal d' amenagement; f) les travaux proposes ne sont pas incompatibles avec les servitudes de services municipaux ou de services publics; g) le plan de viabilisation du terrain d'implantation convient a l'occupation du batiment proposee; h) si le lot sur lequel doivent etre effectues les travaux proposes contient un batiment principal qui est une habitation unifamiliale, une habitation bifamiliale ou une habitation jumelee, les travaux proposes doivent notamment viser le nivellement en pente du sol en direction opposee au batiment ou a la construction proposee et ne creer aucun effet nefaste; i) lorsqu'il existe, pour le lot ou doivent etre effectues les travaux proposes, un plan de nivellement approuve, les travaux proposes sont conformes au plan de nivellement approuve; j) si un rapport geotechnique a ete remis a l'inspecteur des constructions, celui-ci indique que les conditions du sol sont propices aux travaux proposes ou les travaux prevoient des mesures pour rendre les conditions du sol propices, conformement aux recommandations du rapport geotechnique; 0910.1 - 25 - (k) if a water meter is required by the Water and Sewerage By-law, the proposed work includes installation of a water meter. 10(2) The building inspector may deny an application for a building permit when the proposed work does not meet the requirements described in subsection 10(l). 10(3) The building inspector shall provide to the applicant or registered property owner, when requested to do so, reasons for denying an application for building permit. 10(4) A building permit is valid for a period of two (2) years from the date of its issuance. 10(5) The building inspector shall renew a building permit for a period of up to one (1) year from the original date of expiry upon request of the building permit holder in the manner prescribed by the building inspector when: (a) the conditions of the building permit are being met; and (b) no conditional occupancy permit has been issued in regards to the work described in the building permit. k) si 1'Arrete concernant les r6seaux d'eau et d'egouts prescrit l'installation d'un compteur d'eau, les travaux proposes visent l'installation d'un compteur d'eau. 10(2) L'inspecteur des constructions peut refuser une demande de permis de construction lorsque les travaux proposes ne respectent pas les exigences decrites au paragraphe 10(1). 10(3) Sur demande, 1'inspecteur des constructions communique les motifs du refus a 1'auteur de la demande ou au proprietaire enregistre du bien. 10(4) Le permis de construction est valide pour deux ans a partir de la date de sa delivrance. 10(5) L'inspecteur des constructions renouvelle un permis de construction pour une periode maximale d'un an a compter de sa date d'expiration initiale sur demande du titulaire du permis de construction presentee de la maniere qu'il a prescrite et lorsque les conditions suivantes sont reunies : a) les conditions afferentes au permis de construction sont respectees; b) aucun permis d'occuper conditionnel n'a ete delivre relativement aux travaux decrits daps le permis de construction. 10(6) A building permit may be renewed no 10(6) Un permis de construction ne peut etre more than once. renouvele qu'une seule fois. 10(7) The building inspector shall notify, in writing, the building permit holder that the building permit has been renewed. 10(8) Notwithstanding any other section of this By-law, when a building permit expires during the term that a conditional occupancy permit for 10(7) L'inspecteur des constructions avise par ecrit le titulaire du permis de construction du renouvellement de son permis. 10(8) Nonobstant les autres dispositions du present arrete, est repute valide le permis de construction qui expire pendant la periode de PZIIK -26- the same work is valid, the building permit for validit6 d'un permis d'occuper conditionnel se such work shall be deemed valid. rapportant aux m6mes travaux. 10(9) A building permit that has expired shall 10(9) Le permis de construction qui est expire be deemed revoked. est repute r&voqu&. 10(10) When the building permit is issued the building inspector shall notify, in writing, the building permit holder which inspections listed in Schedule "B" are applicable. Phased Building permit 11(1) Notwithstanding paragraph 9(4)(c), the building inspector may issue a phased building permit. 11(2) An applicant for a building permit may request to the building inspector a phased building permit. 11(3) All applications for a phased building permit shall be in writing and in the form prescribed by the building inspector. 11(4) All conditions of a building permit listed in sections 15 and 16 shall be conditions of a phased building permit. 11(5) In addition to all conditions of a building permit listed in sections 15 and 16, the holder of a phased building permit shall complete all phases of work proposed in the building permit application. 11(6) A phased building permit is valid for two (2) years from the date of issuance of the first phased building permit. 11(7) The building inspector shall renew a phased building permit which pertains to all 10(10) Lorsque le permis de construction est delivre, l'inspecteur des constructions avise par 6crit son titulaire des inspections 6num6r6es a 1'annexe B qui s'appliquent. Permis de construction par 6tapes 11(1) Nonobstant 1'alin&a 9(4)c), l'inspecteur des constructions peut Mivrer un permis de construction par 6tapes. 11(2) L'auteur d'une demande de permis de construction peut demander a l'inspecteur des constructions un permis de construction par 6tapes. 11(3) Les demandes de permis de construction par 6tapes sont present&es par 6crit et en la forme prescrite par l'inspecteur des constructions. 11(4) Les conditions applicables a un permis de construction 6num6r6es aux articles 15 et 16 constituent les conditions applicables a un permis de construction par 6tapes. 11(5) En plus de devoir respecter les conditions applicables a un permis de construction 6num6r6es aux articles 15 et 16, le titulaire d'un permis de construction par 6tapes accomplit toutes les 6tapes des travaux propos&s daps la demande de permis de construction. 11(6) Le permis de construction par 6tapes est valide pour deux ans a partir de la date de la d6livrance du premier permis de construction par 6tapes. 11(7) A la demande du titulaire de permis de construction par 6tapes, l'inspecteur des -27- remaining work for a period of up to one (1) year from the original date of expiry upon request of the phased building permit holder when: (a) the conditions of the phased building permit are being met; and (b) no conditional occupancy permit has been issued in regards to the building or structure described in the phased building permit. 11(8) The building inspector shall approve or deny a phased building permit in the same manner as a building permit under subsections 10(1) to 10(3), as appropriate. Permit Revocation and Cancellation 12(1) The building inspector shall refuse an application for a building permit if the applicant has not within six (6) months of the building inspector receiving the application become entitled to have the building permit issued. 12(2) A permit shall be revoked when (a) there is a violation of any condition set out on the permit or set out in this By-law that has not been remedied within ninety (90) days of the permit holder being notified of such violation; (b) where the permit was issued in error; or (c) the permit was issued based on incorrect information. constructions renouvelle le permis de construction par &tapes se rapportant a tous les travaux restants pour une p&riode maximale d'un an a partir de la date d'expiration initiale lorsque les conditions suivantes sont r6unies : a) les conditions applicables au permis de construction par &tapes soot respect&es; b) aucun permis d'occuper conditionnel n'a &t& d&livr& a 1'6gard du batiment ou de la construction d6crits daps le permis de construction par &tapes. 11(8) L'inspecteur des constructions approuve ou refuse un permis de construction par &tapes de la meme mani&re qu'il approuve ou refuse un permis de construction en application des paragraphes 10(1) a 10(3), selon le cas. Revocation et annulation de permis 12(1) L'inspecteur des constructions refuse une demande de permis de construction si l'auteur de la demande n'est pas devenu admissible a la Mivrance de ce permis dans les six mois suivant la r6ception de la demande par l'inspecteur des constructions. 12(2) Un permis est r&voqu& daps les cas suivants : a) Tune des conditions 6nonc&es sur le permis ou dans le pr&sent arret& a fait l'objet d'une violation a laquelle it n'a pas &t& rem&di& dans les 90 jours suivant la remise au titulaire du permis d'un avis de la violation; b) le permis a &t& d&livr& par erreur; ou c) le permis a &t& d&livr& sur le fondement de renseignements incorrects. 12(3) The applicant may request that the building inspector cancel an application at any time before issuance by providing notice, in the manner prescribed by the building inspector, to the building inspector. 12(4) The building inspector shall cancel an application for building permit if requested to do so by the applicant for a building permit before issuance of the building permit. 12(5) There shall be no refunds of application fees for a permit, except for those situations as described by subsections 12(6) and 12(7). 12(6) Upon cancelling an application for a building permit or demolition permit, the building inspector shall refund 80% of the application fee given to the building inspector at the time of application to the applicant. 12(7) Upon cancelling a building permit, phased building permit or demolition permit, the building inspector shall refund 60% of the application fee given to the building inspector at the time of application to the applicant if no work or demolition described in the permit has been undertaken. 12(8) A building permit holder may request that a building permit be cancelled by providing written notice to the building inspector, in the manner prescribed by the building inspector. 12(9) The building inspector shall cancel a building permit or demolition permit or phased building permit upon request by the permit holder, when no work or demolition described in the permit has been undertaken. 12(3) L' auteur de la demande peut en demander 1'annulation a l'inspecteur des constructions en tout temps avant la Mivrance du permis en lui pr&sentant un avis de la maniere prescrite par l'inspecteur des constructions. 12(4) L'inspecteur des constructions annule la demande de permis de construction si 1' auteur de la demande le lui demande avant la delivrance du permis de construction. 12(5) Sauf daps les cas d&crits aux paragraphes 12(6) et 12(7), le droit de demande de permis est non-remboursable. 12(6) Des 1'annulation d'une demande de permis de construction ou de permis de demolition, l'inspecteur des constructions rembourse a 1'auteur de la demande 80 % du droit de demande qui lui a &t& remis avec la demande. 12(7) Des 1'annulation d'un permis de construction, d'un permis de construction par &tapes ou d'un permis de demolition, l'inspecteur des constructions rembourse a 1'auteur de la demande 60 % du droit de demande qui lui a &t& remis avec la demande si les travaux ou la demolition decrits daps le permis n'ont pas &t& entam&s. 12(8) Le titulaire d'un permis de construction peut en demander 1' annulation en presentant un avis &crit a l'inspecteur des constructions de la maniere prescrite par celui-ci. 12(9) L'inspecteur des constructions annule un permis de construction, un permis de demolition ou un permis de construction par &tapes a la demande du titulaire du permis si les travaux ou la demolition decrits dans le permis n'ont pas ete entames. 12(10) A permit shall be deemed not valid 12(10) Un permis est repute invalide des son P►z191 -29- immediately upon cancellation, revocation, or annulation, sa revocation ou son expiration. expiration. Fees Droits 13(1) The application fees required under this 13(1) Les droits de demande prescrits par le By-law are listed in Schedule "C". present arrete sont enumeres a 1'annexe C. 13(2) The application fee shall be increased by an amount of double the amount required by subsection 13(1) up to a maximum increase of $25,000.00 when any work or demolition is undertaken before a permit authorizing such work or demolition has been issued. 13(3) No portion of any building or structure for which a building permit or demolition permit is required, including mechanical, electrical and plumbing work, shall be excluded from the estimate for a building permit because of any other permits required by any other governing by-law or agency. 13(4) When the applicant is unable to provide a reasonable estimate of the work regarding minor and medium residential at the time of application, the estimate shall be assigned according to Schedule "D" or where the work is not described in Schedule "D", the building inspector shall assign a reasonable value to the estimate before accepting the application. 13(5) For the purposes of subsection 13(1) where the estimate provided by the applicant of the proposed work for minor and medium residential is less than the amount set out in Schedule "D", the building inspector shall assign a value to the estimate according to Schedule "D". 13(2) Le droit de demande est majore d'un montant correspondant au double du montant prescrit par le paragraphe 13(1), jusqu'a concurrence de 25 000 $, lorsque les travaux ou la demolition soot entrepris avant la delivrance d'un permis les autorisant. 13(3) Aucune partie d'un batiment ou d'une construction pour laquelle un permis de construction ou un permis de demolition est exige, y compris les travaux mecaniques, electriques et de plomberie, n'est exclue de la valeur estimative en vue de la delivrance d'un permis en raison de la necessite d'obtenir d'autres permis requis par un autre arrete applicable ou par un organisme de reglementation. 13(4) Si 1'auteur de la demande n'est pas en mesure d'indiquer une valeur estimative raisonnable des travaux a 1'egard d'un logement a densite faible ou moyenne au moment de presenter sa demande, la valeur estimative est attribuee conformement a 1'annexe D ou, s'agissant de travaux non decrits a 1'annexe D, l'inspecteur des constructions attribue une valeur estimative raisonnable avant d'accepter la demande. 13(5) Pour 1'application du paragraphe 13(1), lorsque la valeur estimative des travaux proposes qu'indique 1'auteur de la demande a 1'egard d'un logement a densite faible ou moyenne est inferieure au montant prevu a 1'annexe D, l'inspecteur des constructions attribue une valeur estimative conformement a I'annexe D. 13(6) For the purposes of subsection 13(1), 13(6) Pour 1'application du paragraphe 13(1), PzEII -30- where the estimate provided by the applicant of the proposed work that does not pertain to a minor and medium residential is unreasonable in the opinion of the building inspector, the estimate shall be assigned a reasonable value. 13(7) The building inspector, when providing an estimate pursuant to subsection 13(6), shall consider all relevant information and evidence available, including any documentation and quotes of: (a) contractors; (b) tradespeople; (c) consultants; (d) suppliers; and (e) qualified professionals; provided to the building inspector by the applicant. Refundable Deposit 14(1) The refundable deposit for all permits required under this By-law are listed in Schedule "E". 14(2) Upon issuance of an occupancy permit or certificate of successful completion, or cancellation of a permit or application for a permit, the building inspector shall refund the refundable deposit to the applicant or permit holder, as applicable, less any additional service fees incurred by The City of Saint John as set out in Schedule "C" in this By-law where: lorsque la valeur estimative des travaux proposes fournie par 1'auteur de la demande qui ne se rapportent pas un logement a densit& faible ou moyenne est, de 1'avis de 1'inspecteur des constructions, d'une valeur d6raisonnable, une valeur estimative raisonnable est attribu&e. 13(7) Lorsqu'il attribue une valeur estimative en application du paragraphe 13(6), l'inspecteur des constructions tient compte de tous les renseignements pertinents et de toute la preuve dont it dispose, y compris tous les documents et devis que lui a remis 1'auteur de la demande et qui proviennent des personnel suivantes : a) des entrepreneurs; b) des gens de m6tier; c) des experts-conseils; d) des fournisseurs; e) des professionnels. Wp6t remboursable 14(1) Les d6p6ts remboursables aff6rents a tous les permis prescrits par le pr&sent arret& sont indiqu&s a I'annexe E. 14(2) Des la Mivrance d'un permis d'occuper ou d'un certificat d'ach&vement des travaux, ou 1'annulation d'un permis ou d'une demande de permis, 1'inspecteur des constructions rembourse le d&p6t remboursable a 1' auteur de la demande de permis ou au titulaire du permis, selon le cas, moins les droits de service suppl6mentaires que The City of Saint John a subis et qui sont pr&vus a 1'annexe C dans les cas suivants : -31- (a) the permit holder provided notice of an inspection and the work or demolition or site thereof was not ready for inspection, not available for inspection, not substantially complete or not completed to the standards of this By-law when a city inspector attended the site; (b) plans or drawings or other documents provided in the application for building permit or application for demolition permit were modified and resubmitted to the building inspector before a building permit, phased building permit or demolition permit was issued; and (c) additional work was carried out beyond the scope of work approved under a building permit, phased building permit or demolition permit. a) le titulaire du permis a remis un avis d'inspection alors que les travaux, la demolition, ou le chantier n'etaient pas prets ou accessibles pour faire 1' obj et d'une inspection, n'etaient pas substantiellement acheves ou acheves conform&ment aux normes prescrites par le present arret& lorsqu'un inspecteur municipal s'est present& sur les lieux; b) les plans, dessins ou autres documents accompagnant la demande du permis de construction ou du permis de demolition ont &t& modifi&s et pr&sent&s de nouveau a l'inspecteur des constructions avant la Mivrance du permis de construction, du permis de construction par &tapes ou du permis de demolition. c) Des travaux suppl&mentaires ont &t& effectu&s au-dela de la port&e des travaux approuv&s dans le cadre d'un permis de construction, d'un permis de construction par &tapes ou d'un permis de demolition. 14(3) Any additional fees pursuant to 14(3) Les droits suppl&mentaires vis&s au subsection 14(2) shall be deducted from the paragraphe 14(2) seront d&duits du d&pot refundable deposit as a service fee. remboursable a titre de droits de service. 14(4) The refundable deposit shall be forfeited one (1) year after the expiration of a building permit or phased building permit or when a building permit or phased building permit has been renewed, one (1) year after the expiration of the renewed building permit or phased building permit. 14(5) The refundable deposit shall be deemed forfeited one (1) year after the expiration of the demolition permit. 14(4) Le droit au d&pot remboursable est &chu un an apres 1'expiration d'un permis de construction ou d'un permis de construction par &tapes ou lorsque le permis de construction ou le permis de construction par &tapes est renouvel& un an apres son expiration. 14(5) Le d&pot remboursable est r&put& &chu un an apres 1'expiration d'un permis de demolition. 14(6) Notwithstanding anything contained in 14(6) Nonobstant toute disposition du pr&sent this By-law, the refundable deposit shall be arret&, le d&pot remboursable est &chu des -32- forfeited upon cancellation of a building permit, phased building permit or application for a building permit or phased building permit, if said permit was issued or said application was submitted for a property containing a building or structure approved for demolition by resolution of Council under the Saint John Unsightly Premises and Dangerous Buildings and Structures By -Law. Inspection Scheduling 1'annulation d'un permis de construction, d'un permis de construction par etapes ou d'une demande de permis de construction ou de permis de construction par etapes, si ledit permis a ete delivre ou si ladite demande a ete presentee pour un terrain abritant un bdtiment ou une construction dont la demolition a ete approuvee par resolution du conseil en vertu de l'Arrete relatif aux lieux inesthetiques et aux batiments et constructions dangereux de Saint John. Inspections 15 As a condition of a building permit every 15 Les permis de construction sont assortis building permit holder shall: des conditions suivantes, applicables a leur titulaire : (a) give the building inspector two (2) business days' notice in the manner prescribed by the building inspector and make all arrangements to allow for a city inspector to carry out all applicable inspections pursuant to subsection 10(10); (b) not cover over work for which standards are provided in this By-law before said work has been inspected and approved by a city inspector. Building Permit Conditions a) dormer a l'inspecteur des constructions un preavis de deux jours ouvrables, de la maniere que prescrit celui-ci, et prendre des mesures pour permettre a un inspecteur municipal d'effectuer les inspections visees au paragraphe 10(10); b) ne pas couvrir les travaux pour lesquels des normes sont prescrites par le present arrete taut qu'ils n'ont pas ete inspectes et approuves par un inspecteur municipal. Conditions afferentes an permis de construction 16 As a condition of a building permit, every 16 Tout permis de construction impose a son building permit holder shall: titulaire les conditions suivantes : (a) ensure that the plans and specifications on which the issue of the building permit was based are available continuously at the building site or lot of the work for inspection during working hours by city inspectors, and that the building permit, or true copy thereof, is posted conspicuously on the site during the entire performance of the work; a) veiller a ce que les plans et devis sur le fondement desquels le permis de construction a ete delivre soient accessibles en tout temps pendant les heures de travail sur le chantier de construction ou sur le lot ou sont effectues les travaux, pour inspection par les inspecteurs municipaux, et a ce que le permis de construction, ou une copie certifiee conforme de celui-ci, fPzVA - 33 - (b) when necessary to evaluate whether the work meets the standards of this By-law, provide to a city inspector copies of all applicable reports relating to the building or structure and the lot on which it is located including: (i) documents referenced in the Code; (ii) fire alarm testing; (iii) sprinkler system testing; (iv) flame spread ratings; (v) product specifications; (vi) material listings; (vii)structural product specifications; (viii) soil testing; (ix) compaction testing; (x) attic insulation record; (xi) mechanical record; (xii) field review report; soit affiche bien en vue sur le chantier pendant toute la periode d' execution des travaux; b) au besoin pour lui permettre d' evaluer si les travaux sont conformes aux normes prescrites par le present arrete, fournir a un inspecteur municipal des copies de tous les rapports concernant le batiment ou la construction et le lot sur lequel ils se trouvent, y compris ce qui suit: (i) les documents mentionnes dans le Code, (ii) les resultats de tests d'alarme incendie, (iii) les resultats des tests des systemes d' extincteurs automatiques a eau, (iv) les indices de propagation des flammes, (v) les caracteristiques des produits, (vi) les listes de materiaux, (vii)les caracteristiques des produits structuraux pour le batiment, (viii) les resultats des essais du sol, (ix) les resultats des essais de compactage, (x) les registres d'isolation du grenier, (xi) les registres des travaux mecaniques; (xii) un rapport de la surveillance generale des travaux; fPz1:3 -34- (xiii) Systems integration testing report. (c) when a city inspector or the building permit holder becomes aware of soil concerns, unsuitable soils, unstable slopes, or any other indication that soils of the lot may be unsuitable for the work, provide the building inspector, within thirty (30) days of the permit holder or city inspector becoming aware, a soils report stamped, signed and dated by a professional engineer, indicating that the soil conditions of the lot are suitable for the work; (d) where a soil report pursuant to paragraph 16(c) identifies that the soil is not suitable for the work, apply within thirty (30) days of providing the soil report to the building inspector, to modify the building permit to include the additional measures needed to make the soil conditions suitable for the work; (e) when a building or structure is located within the setback required by the building permit, provide the building inspector with a survey report that confirms the location of the building, signed and sealed by a land surveyor; (f) when a city inspector becomes aware of work that has been covered over in violation of paragraph 15(b), uncover work within five (5) days of such discovery; (g) complete any other action or work (xiii) Un rapport des tests d'int&gration des syst&mes. c) si l'inspecteur municipal ou le titulaire du permis de construction prend connaissance de probl&mes concernant le sol, de sols impropres„ de pentes instables ou de toute autre indication que le sol du lot pourrait ne pas convenir aux travaux, remettre a l'inspecteur des constructions, dans les 30 jours qui suivent cette prise de connaissance, un rapport g6otechnique date et sur lequel sont appos&s le cachet et la signature d'un ing&nieur, qui indique que les conditions du sol du lot soot propices aux travaux; d) lorsqu'un rapport g6otechnique vis& a 1'alin6a 16c) indique que le sol est impropre aux travaux, pr&senter a l'inspecteur des constructions, daps les 30 jours suivant la date a laquelle it lui a pr&sent& le rapport g6otechnique, une demande de modification du permis de construction afin d'y inclure les mesures suppl&mentaires requises pour rendre les conditions du sol propres aux travaux; e) lorsque 1'emplacement d'un batiment ou d'une construction est a l'int&rieur de la marge de retrait prescrite par le permis de construction, remettre a l'inspecteur des constructions un rapport d'arpentage confirmant 1'emplacement du batiment, ce rapport &taut revetu du cachet et de la signature d'un arpenteur-g&om&tre; f) lorsqu'un inspecteur municipal prend connaissance du fait que des travaux ont &t& couverts en violation de 1'alin6a 15b), d&couvrir les travaux dans les cinq jours qui suivent cette d6couverte; g) prendre toutes les autres mesures ou -35- necessary to comply with the standards of this By-law; (h) complete any other action or work necessary to prevent any condition unsafe to the public to exist with respect to such work or demolition; (i) promptly remove all construction debris and rubbish from the lot; and 0) dispose of all debris and rubbish at a disposal site approved by the Province of New Brunswick for disposal of said debris and rubbish. Inspectable Items achever les travaux necessaires pour assurer le respect des normes prescrites par le present arrete; h) prendre toutes les autres mesures ou achever les travaux necessaires pour prevenir toutes conditions dangereuses pour le public relativement aux travaux ou a la demolition; i) enlever tous les debris et dechets de construction du lot dans les plus brefs delais; j) eliminer les debris et dechets a un lieu d'elimination approuve a cette fin par la Province du Nouveau -Brunswick. Objet des inspections 17(1) City inspectors shall inspect work or 17(1) Les inspecteurs municipaux inspectent les demolition that is visible and reasonably travaux ou les demolitions qui sont visibles et accessible during all applicable inspections. raisonnablement accessibles au cours de toutes les inspections applicables. 17(2) Notwithstanding subsection 17(1), city inspectors shall not inspect work covered under Part 4, 5 and 8 of the Code or the National Energy Code of Canada for Buildings 2011. Inspection Approval 18 A city inspector shall approve all work that is visible and reasonably accessible in regards to an inspection listed in subsection 17(1) which meets the standards prescribed by this By-law. Occupancy Inspection 17(2) Nonobstant le paragraphe 17(1), les inspecteurs municipaux n'inspectent pas les travaux auxquels s'appliquent les parties 4, 5 et 8 du Code ou du Code national de 1'energie pour les batiments Canada 2011. Approbation de l'inspection 18 L'inspecteur municipal approuve, au cours d'une inspection visee au paragraphe 17(1), tous les travaux visibles et raisonnablement accessibles qui sont conformes aux normes prescrites par le present arrete. Inspection de Poccupation 19 As a condition of a conditional 19 Le titulaire d'un permis d'occuper occupancy permit, every conditional occupancy conditionnel est term de donner un preavis de deux M91191 -36- permit holder shall give two (2) business days' notice in the manner prescribed by the building inspector and make all arrangements to allow for the building inspector to carry out an inspection listed in Schedule "B" of the work, where applicable. Occupancy Permit Approval 20(1) The building inspector shall issue an occupancy permit when the work under a building permit is work to which an occupancy permit applies, when: (a) all inspections required by subsection 17(1) have been completed before one (1) year after the expiration of the building permit and the work has been approved by city inspectors as meeting the standards of this By-law; (b) the work undertaken under the building permit meets the standards of this By-law and all conditions of the building permit; (c) the building inspector has received all documentation required by paragraphs 16(b) to 16(e) and the Code; (d) where plans were provided to the building inspector pursuant to paragraphs 9(4)(d) and 9(4)(e) the building inspector has received written confirmation from a qualified professional that the building or structure is in general conformance with said plans; (e) a field review report was provided in the form prescribed by the building jours ouvrables, en la manie're prescnte par l'inspecteur des constructions, et de prendre les mesures n6cessaires pour permettre a celui-ci d'effectuer les inspections des travaux vis6es a l'annexe B, selon le cas. Approbation du permis Woccuper 20(1) Lorsque les travaux vis&s par un permis de construction constituent des travaux auxquels s'applique un permis d'occuper, l'inspecteur des constructions Mivre un permis d'occuper si les conditions suivantes sont r6unies : a) toutes les inspections prescrites par le paragraphe 17(1) ont &t& effectu&es daps 1' ann6e qui suit la date d' expiration du permis de construction et les travaux ont &t& approuv&es par les inspecteurs municipaux pour leur conformit6 aux normes prescrites par le pr&sent arret&; b) les travaux entrepris en vertu du permis de construction sont conformes aux normes prescrites par le pr6sent arret& et a toutes les conditions dont est assorti le permis de construction; c) l'inspecteur des constructions a reru tous les documents requis par les alin&as 16b) a e) et le Code; d) si des plans ont &t& fournis a l'inspecteur des constructions en vertu des alin&as 9(4)d) et e), l'inspecteur des constructions a re�u la confirmation 6crite d'un professionnel selon laquelle le batiment ou la construction est g6n&ralement conforme a ces plans; e) un rapport de la surveillance g&n&rale des travaux a &t& fourni en la forme 251 -37- inspector if the proposed work required a field review by a qualified professional pursuant to paragraph 9(4)(f); (f) when the lot on which the work is to take place has an approved grading plan, the building inspector has received a rough grading plan stamped, signed and dated by a professional engineer or land surveyor that confirms the grading of the lot is in general conformance with the approved grading plan; (g) the full application fee has been received by the building inspector; and prescrite par 1'inspecteur des constructions si les travaux proposes necessitaient la surveillance generale des travaux a We effectuee par un professionnel en vertu de l'alinea 9(4)f); f) lorsqu'il existe, pour le lot ou doivent etre effectues les travaux, un plan de nivellement approuve, l'inspecteur des constructions a re�u un plan de nivellement preliminaire date et sur lequel soot apposes le cachet et la signature d'un ingenieur ou d'un arpenteur-georakre qui confirme que le nivellement du lot est generalement conforme au plan de nivellement approuve; g) 1'inspecteur des constructions a re�u le plein droit de demande; et (h) no work has been completed outside h) tous les travaux qui ont ete effectues the scope of the building permit. etaient vises par le permis de construction. 20(2) The building inspector shall issue a 20(2) L'inspecteur des constructions delivre un conditional occupancy permit to a building permis d'occuper conditionnel au titulaire d'un permit holder when: permis de construction lorsque les conditions suivantes sont reunies : (a) the completed work meets the standards of this By-law; (b) the work that remains does not relate to health or safety issues; (c) no prior conditional occupancy permit has been issued by the building inspector in regards to the same work; (d) the full application fee has been received by the building inspector; (e) the building permit is in regards to work to which an occupancy permit a) les travaux acheves sont conformes aux normes prescrites par le present arrete; b) les travaux qu'il reste d effectuer ne se rapportent pas d des questions de sante ou de securite; c) aucun permis d'occuper conditionnel n'a ete delivre precedemment par l'inspecteur des constructions relativement aux memes travaux; d) l'inspecteur des constructions a requ le plein droit de demande; e) le permis de construction se rapporte d des travaux auxquels s'applique un permis PM applies; and (f) the building inspector has received a request by the building permit holder to issue a conditional occupancy permit. 20(3) All conditional occupancy permits are valid for six (6) months after which the conditional occupancy permit shall be deemed revoked. d'occuper; et f) l'inspecteur des constructions a requ une demande du titulaire du permis de construction visant la delivrance d'un permis d'occuper conditionnel. 20(3) Un permis d'occuper conditionnel est valide pour six mois avant d'etre repute revoque. 20(4) Conditional occupancy permits are not 20(4) Les permis d'occuper conditionnels ne renewable. sont pas renouvelables. 20(5) The building inspector shall issue a certificate of successful completion for all permits, except building permits for work to which an occupancy permit applies, when: (a) all inspections required by subsection 17(1) as applicable have been completed and the work has been approved by city inspectors as meeting the standards of this By-law; (b) the work or demolition undertaken under the permit meets the standard of this by-law and all conditions of the permit; (c) the building inspector has received all documentation required by paragraphs 16(b) to 16(e) and the Code; (d) when plans were provided to the building inspector pursuant to paragraphs 9(4)(d) or 9(4)(e), the building inspector has received written confirmation from a qualified professional that the building or structure 20(5) L'inspecteur des constructions delivre un certificat d' achevement des travaux pour tous les permis, a 1'exception des permis de construction delivres relativement a des travaux auxquels s'applique un permis d'occuper, lorsque les conditions suivantes sont reunies : a) toutes les inspections prescrites par le paragraphe 17(1) qui s'appliquent ont ete effectuees et les travaux ont ete approuves par les inspecteurs municipaux pour leur conformite aux normes prescrites par le present arrete; b) les travaux ou la demolition entrepris en vertu du permis sont conformes aux normes prescrites par le present arrete et aux conditions dont est assorti le permis; c) l'inspecteur des constructions a re�u tous les documents prescrits par les alineas 16b) a e) et le Code; d) lorsque des plans ont ete fournis a l'inspecteur des constructions en vertu des alineas 9(4)d) ou e), l'inspecteur des constructions a re�u la confirmation ecrite d'un professionnel selon laquelle le batiment ou la construction est PW -39- is in general conformance with said plans; (e) a field review report was provided in the form prescribed by the building inspector if the proposed work required a field review by a qualified professional pursuant to paragraph 9(4)(f); (f) when the lot on which the work is to take place has an approved grading plan, the building inspector has received a rough grading stamped, signed and dated by a professional engineer or land surveyor that confirms the grading of the lot is in general conformance with the approved grading plan; (g) the full application fee has been received by the building inspector; and (h) no work has been completed outside the scope of the building permit. Occupancy Permit Revocation 21(1) An occupancy permit for a building or structure, or part thereof, shall be revoked upon the issuance of a new occupancy permit for the same building or structure, or part thereof or upon demolition of the building or structure, or part thereof. 21(2) A conditional occupancy permit for a building or structure, or part thereof, shall be revoked upon the issuance of an occupancy permit for the same building or structure, or part thereof. 21(3) An occupancy permit for any building or structure except a minor and medium residential generalement conforme a ces plans; e) un rapport de la surveillance generale des travaux a ete fourni en la forme prescrite par 1'inspecteur des constructions si les travaux proposes necessitaient la surveillance generale des travaux a etre effectuee par un professionnel en vertu de 1' alinea 9(4)f); f) lorsqu'il existe, pour le lot ou doivent etre effectues les travaux, un plan de nivellement approuve, 1'inspecteur des constructions a re�u un plan de nivellement preliminaire date et sur lequel sont apposes le cachet et la signature d'un ingenieur ou d'un arpenteur-geometre qui confirme que le nivellement du lot est generalement conforme au plan de nivellement approuve; g) l'inspecteur des constructions a re�u le plein droit de demande; et h) tous les travaux qui ont ete effectues etaient vises par le permis de construction. Revocation du permis d'occuper 21(1) Un permis d'occuper visant tout ou partie d'un batiment ou d'une construction est revoque des la delivrance d'un nouveau permis d'occuper visant tout ou partie du meme batiment ou de la meme construction ou des la demolition de tout ou partie du batiment ou de la construction. 21(2) Un permis d'occuper conditionnel visant tout ou partie d'un batiment ou d'une construction est revoque des la delivrance d'un permis d'occuper visant tout ou partie du meme batiment ou de la meme construction. 21(3) Un permis d'occuper visant un batiment ou une construction autre qu'un logement a densite Ne"I sum shall be revoked after five (5) years of vacancy 21(4) For the purposes of subsection 21(3) (a) building or structure not being actively used for the building occupancy associated with such building or structure shall be considered vacant; and (b) when a building or structure has been used for a period of more than six (6) consecutive months for the building occupancy associated with such building, the building shall be considered not vacant. Relocation Application 22(1) A person may apply for the issuance of a demolition permit and a building permit for the relocation of a building or structure or part thereof by providing the building inspector an application for relocation, in the form prescribed by the building inspector 22(2) Every application for relocation must include all information necessary for a demolition permit pursuant to subsection 23(2) and a building permit pursuant to subsection 9(4). 22(3) The building inspector shall not accept an application for relocation unless all conditions of subsections 23(3) and 9(5) are met. Demolition Application 23(1) A person may apply for the issuance of a demolition permit for a building or structure or part thereof by providing the building inspector an application for a demolition permit, in the form prescribed by the building inspector. faible ou moyenne est r&voqu6 apr&s cinq ans d'inoccupation. 21(4) Pour 1'application du paragraphe 21(3): a) est r&put6 inoccup& le batiment ou la construction qui n'est pas activement utilis6 conform6ment a l'occupation du batiment a laquelle it est affect6; b) est r6put6 occup& le batiment ou la construction utilis& conform6ment a l'occupation du batiment a laquelle it est affect6 depuis au moins six mois cons6cutifs. Demande de d6placement 22(1) Quiconque peut demander la d6livrance d'un permis de demolition et d'un permis de construction visant le d6placement de tout ou partie d'un batiment ou d'une construction en pr6sentant une demande de d6placement a l'inspecteur des constructions en la forme prescrite par celui-ci. 22(2) La demande de d6placement doit comprendre tous les renseignements requis dans le cas d'une demande de permis de demolition conform6ment au paragraphe 23(2) et de permis de construction conform6ment au paragraphe 9(4). 22(3) L'inspecteur des constructions n'accepte que les demandes de d6placement qui satisfont aux conditions pr&vues aux paragraphes 23(3) et 9(5). Demande de permis de demolition 23(1) Quiconque peut demander la d6livrance d'un permis de demolition visant tout ou partie d'un batiment ou d'une construction en pr6sentant une demande de demolition a l'inspecteur des constructions en la forme prescrite par celui-ci. N&I -41 - 23(2) Every application for a demolition permit 23(2) La demande de permis de demolition must: reunit les conditions suivantes : (a) identify and describe in detail the demolition to be covered by the demolition permit; (b) state the location of the property upon which the demolition is to be performed including: (i) civic number; (ii) street name; and (iii) parcel identifier number; (c) state the estimate of the proposed demolition; (d) state the names, postal addresses, telephone numbers and email address of the applicant, registered property owner, architect, engineer or other designer and contractor, as applicable; and (e) identify the municipal services to be abandoned and removed. 23(3) The building inspector shall accept an application for a demolition permit when: (a) the information submitted appears to be adequate to determine compliance with the provisions of this By-law; (b) correct information is submitted; a) designer et decrire en detail la demolition visee par le permis de demolition; b) indiquer 1' emplacement du terrain sur lequel la demolition sera effectuee, y compris : (i) le numero de voirie, (ii) le nom de la rue, (iii)le numero d'identification de la parcelle; c) indiquer la valeur estimative de la demolition proposee; d) enoncer les nom, adresse postale, numero de telephone et adresse de courrier electronique de 1'auteur de la demande, du proprietaire enregistre du bien, de 1'architecte, de l'ingenieur et des autres concepteurs et entrepreneurs, le cas echeant; e) indiquer les services municipaux qui seront abandonnes et enleves. 23(3) L'inspecteur des constructions accepte une demande de permis de demolition lorsque les conditions suivantes sont reunies : a) les renseignements fournis semblent suffisants pour determiner si les dispositions du present aff to sont respectees; b) les renseignements presentes soot corrects; P47.1 -42- (c) the full application fee has been received by the building inspector; (d) the full refundable deposit has been received by the building inspector; (e) the proposed demolition meets the standards of the Zoning By-law or the appropriate application has been submitted to The City of Saint John to bring the demolition within compliance with said by-law; and (f) if the estimate is not less than $1,000.00, proof that the person performing the demolition carries a general liability insurance policy, naming The City of Saint John as an additional insured, issued on an occurrence basis, which allows for cross liability, in the following amounts: i. when the estimate of the proposed demolition is between $1,000.00 and $50,000.00, at least $1,000,000.00; ii. when the estimate of the proposed demolition is more than $50,000.00, at least $20,000.00 per $1,000.00 of estimate of the proposed demolition to a maximum of $5,000,000.00. Demolition Approval c) l'inspecteur des constructions a re�u le plein droit de demande; d) l'inspecteur des constructions a re�u le plein depot remboursable; e) soit la demolition proposee est conforme aux normes prescrites par 1'Arrete de zonage, soit la demande appropriee a ete presentee a The City of Saint John en vue de rendre la demolition conforme a cet arrete; f) lorsque la valeur estimative n'est pas inferieure a 1 000 $, la preuve selon laquelle la personne qui effectue la demolition est titulaire d'une police d'assurance responsabilite civile nommant The City of Saint John comme assuree additionnelle, etablie sur la base des evenements et qui permet les recours entre coassures, d'un des montants suivants : i. au moins 1 000 000 $, lorsque la valeur estimative de la demolition proposee est de 1 000 $ a 50 000 $, ii. d'au moins 20 000 $ par tranche de 1 000 $ de la valeur estimative de la demolition proposee, jusqu'a concurrence de 5 000 000 $, lorsque la valeur estimative de la demolition proposee est superieure a 50 000 $. Approbation d'une demolition 24(1) A person so authorized by Council shall 24(l) Quiconque est habilite par le conseil issue a demolition permit to an applicant when: delivre un permis de demolition a 1' auteur de la demande lorsque les conditions suivantes soot reunies : (a) the building inspector has received a a) l'inspecteur des constructions a re�u - 43 - complete application for a demolition permit; (b) the building inspector has received all additional application fees pursuant to subsection 13(2); (c) the building inspector has received the complete refundable deposit; (d) the proposed demolition for the demolition permit describes a demolition that will meet the Zoning By-law and the municipal development plan; and (e) a city inspector has inspected roads, sidewalks and other public property around the demolition or relocation site. 24(2) The building inspector may deny an application for a demolition permit when the proposed work does not meet the requirements described in subsection 24(1). 24(3) The building inspector shall provide, when requested to do so, reasons for denying an application for demolition permit. 24(4) A demolition permit is valid for a period of ninety (90) days from the date of its issuance unless in the building inspector's opinion the demolition is of such complexity that ninety (90) days is not a reasonable amount of time to complete the demolition. 24(5) When deciding if a demolition is of such complexity that is unreasonable to complete in ninety (90) days, the building inspector shall consider all relevant information which may include: (a) size of the building or stricture; une demande de permis de demolition complete; b) l'inspecteur des constructions a re�u tous les droits de demande additionnels prescrits par le paragraphe 13(2); c) l'inspecteur des constructions a re�u le plein depot remboursable; d) la demolition propos&e pour laquelle le permis de demolition est sollicit& sera conforme a 1'Arre1e de zonage et au plan municipal d'am&nagement; et e) un inspecteur municipal a inspect& les routes, les trottoirs et les autres biens publics situ&s autour du chantier de demolition ou de d&placement . 24(2) L'inspecteur des constructions peut refuser une demande de permis de demolition lorsque les travaux proposes ne respectent pas les exigences prescrites par le paragraphe 24(1). 24(3) L'inspecteur des constructions est tenu de communiquer, sur demande, les motifs de son refus de Mivrer un permis de demolition. 24(4) Le permis de d&molition est valide pour 90 jours a partir de la date de sa d&livrance, sauf si, de 1'avis de l'inspecteur des constructions, le niveau de complexit& de la demolition fait en sorte qu'une p&riode de 90 jours n'est pas suffisante pour achever la demolition. 24(5) Lorsqu'il determine si une demolition est d'un niveau de complexite telle qu'une periode de 90 jours n'est pas suffisante pour achever la demolition, l'inspecteur des constructions tient compte de tous les renseignements pertinents, y compris les suivants a) les dimensions du batiment ou de la PIRI.11 (b) number of stories of the building; and (c) site conditions. 24(6) Notwithstanding subsection 24(4), where a property is required to have landscaping pursuant to paragraph 25(f): (a) when a demolition permit is issued after the first day of August of a given year the demolition permit shall be valid until the last day of May of the following year; (b) when a demolition permit is issued before the last day of February of a given year the demolition permit shall be valid until the last day of May of the same year; or (c) when a demolition permit is issued at any other time than those described by paragraphs (a) or (b), the demolition permit shall be valid for a period of ninety (90) days from the date of issuance. 24(7) A demolition permit shall not be renewed. Demolition Permit Conditions construction; b) le nombre d'etages du batiment; c) les conditions du site. 24(6) Nonobstant le paragraphe 24(4), si le terrain doit faire l' obj et d'un amenagement paysager en application de 1'alinea 25f) : a) s'il est delivre apres le ler aout d'une annee donnee, le permis de demolition sera valide jusqu'au 31 mai de 1'annee suivante; b) s'il est delivre avant le dernier jour de fevrier d'une annee donnee, le permis de demolition sera valide jusqu'au 31 mai de la meme annee; c) s'il est delivre a un moment autre que ceux vises par les alineas a) et b), le permis de demolition sera valide pendant 90 jours A partir de la date de sa delivrance. 24(7) Le permis de demolition n'est pas renouvelable. Conditions afferentes au permis de demolition 25 As a condition of a demolition permit, 25 Tout permis de demolition impose a son every demolition permit holder shall: titulaire les conditions suivantes : (a) where applicable, cause all services from the water main, sanitary sewer main and storm sewer main to the property line to be disconnected and properly abandoned so as to prevent leakage; a) le cas echeant, faire debrancher et abandonner de maniere appropriee la conduite d' eau principale, d' egout sanitaire principale et d' egout pluvial principale a la limite du terrain de maniere a eviter les fuites; K&I - 45 - (b) not backfill abandoned municipal services before inspected by a city official; (c) return all water meters owned by The City of Saint John to Saint John Water, or its successor or equivalent, upon completion of the demolition; (d) when a dangerous condition is likely to occur during or after the demolition, barricade the demolition site to prevent access by the public; (e) backfill with clean fill such that site is properly graded or where site conditions are such that backfilling is unreasonable, remediate, the demolition site in such a way that it is not dangerous to the public or cause an adverse effect; (f) landscape all areas on the property that have been disturbed by the demolition with at least one hundred (100) mm of topsoil and hydro seeded or sodded where: (i) the demolition site is located within an intensification area as defined by the municipal development plan; (ii) the main building has been demolished; and (iii) there is no valid building permit issued for the property; b) ne pas remblayer les services municipaux abandonnes avant qu'ils ne soient inspectes par un fonctionnaire municipal; c) rendre a la Saint John Water, a son successeur ou a son equivalent, des 1'achevement de la demolition, tous les compteurs d' eau appartenant a The City of Saint John; d) lorsqu'une situation dangereuse est susceptible de se produire pendant ou apres la demolition, barricader le chantier de demolition afin d'empecher le public d'y acceder; e) remblayer le chantier de demolition avec du materiau de remblayage propre de sorte qu'il soit convenablement nivele ou, si les conditions du site font qu'il serait deraisonnable de le remblayer, le remettre en etat d'une maniere suffisante pour qu'il ne soit plus dangereux pour le public ou qu'il ne cause aucun effet nefaste; f) effectuer un amenagement paysager sur toutes les parties du terrain qui ont ete derangees par la demolition, avec au moins 100 mm de terre vegetale ensemencee par projection hydraulique ou engazonnee, si les conditions suivantes sont reunies : (i) le chantier de demolition se trouve daps un secteur de densification au sens defini dans le plan municipal d' amenagement, (ii) le batiment principal a ete demoli, (iii) aucun permis de construction valide n'a ete delivre a 1'egard du M091 (g) when a demolition permit is valid for a period of more than ninety (90) days pursuant to subsection 24(6): (i) all construction involved in the demolition must be completed; and (ii) conditions of demolition permit described in paragraphs 25(a), 25(b), 25(c), 25(d), 25(e), 25(h), 25(i), 250), 25(k), 25(1), sub -paragraph 25(m)(i) and 25(m)(ii) must be met within ninety (90) days of the issuance of the demolition permit; (h) promptly remove all demolition debris and rubbish from the property; (i) dispose of all debris and rubbish at a disposal site approved by the Province of New Brunswick for disposal of said debris and rubbish; 0) repair all damage caused by the demolition to streets and other public property to the standards of the general specifications; (k) where a building benefits from steps or other structure in The City of Saint John's right-of-way, demolish all such structures in The City of Saint John's right-of-way and rebuild The City of Saint John's right-of-way as per the general specifications; (1) when the main structure on a lot has been or is being demolished or relocated, terrain; g) lorsqu'un permis de demolition est valide pendant plus de 90 jours par application du paragraphe 24(6), daps les 90 jours suivant la delivrance du permis, reunir les conditions suivantes : (i) tous les travaux de construction devant etre effectues dans le cadre de la demolition doivent etre acheves, (ii) les conditions afferentes au permis de demolition prevues aux alineas 25a), b), c), d), e), h), i), j), k) et 1) et aux sous-alineas 25m)(i) et (ii) doivent etre reunies; h) enlever sans Mai tous les decombres du terrain; i) eliminer les decombres a un lieu d'elimination approuve a cette fin par la Province du Nouveau -Brunswick; j) reparer tous les dommages causes aux rues et aux autres biens publics par la demolition conformement aux normes prescrites par les specifications generales; k) demolir les marches et les autres constructions situees dans 1'emprise de The City of Saint John, le cas echeant, et reconstruire cette emprise conformement aux specifications generales; 1) lorsque la construction principale sur un lot a ete ou est demolie ou deplacee, M.q -47- relocate or demolish all accessory buildings on the lot; (m) give the building inspector two (2) business days' notice in the manner prescribed by the building inspector and make all arrangements to allow for a city inspector to carry out inspection of the demolition or relocation, where applicable, as follows: (i) prior to backfilling abandoned or capped municipal services; (ii) after completion of the demolition or relocation; (iii) where landscaping is required under paragraph 25(g), after the landscaping has been completed. Public Property Damage 26 When demolition or relocation is undertaken or commences prior to the issuance of a demolition permit, the building inspector shall deem any damage to the street or other public property in the general vicinity of a demolition or relocation site to be damage caused by the demolition or relocation. General 27(1) For the purposes of administering this By-law, building permits and demolition permits are assigned to a Tier as per Schedule "F". 27(2) All work or demolition or actions necessary to conform with the conditions of permits or the performance of work or demolition thereunder are at the sole cost of the permit holder or registered property owner, as deplacer ou demolir tour les batiments accessoires situes sur le lot; m) dormer a 1'inspecteur des constructions un preavis de deux jours ouvrables de la mamere prescrite par celui-ci et prendre toutes les mesures pour permettre a un inspecteur municipal d'inspecter la demolition ou le deplacement ainsi qu'il suit, selon le cas : (i) avant le remblayage des services municipaux abandonnes ou obtures, (ii) apres 1'achevement de la demolition ou du deplacement, (iii) apres 1'achevement de 1' amenagement paysager prescrit par 1'alinea 25g), le cas echeant. Dommages causes aux biens publics 26 Lorsque la demolition ou le deplacement est entrepris ou commence avant la delivrance du permis de demolition, l'inspecteur des constructions estime que tous les dommages causes a la rue ou aux autres biens publics situes daps le voisinage general du chantier de demolition ou de deplacement sont des dommages causes par la demolition ou le deplacement. Generalites 27(1) Pour 1'application du present arrete, les permis de construction et les permis de demolition sont classes dans une categorie conformement a 1'annexe F. 27(2) Le cout des travaux, de la demolition et des mesures necessaires au respect des conditions dont sont assortis les permis, ainsi que le cout de 1'execution des travaux ou de la demolition qui en font l'objet sont a la seule charge du titulaire du NOM I applicable. 27(3) Council may appoint a deputy building inspector who shall be subject to the direction of the building inspector. 27(4) The deputy building inspector shall be the acting building inspector and shall have all the powers and duties of the building inspector in the event of the absence of or the disability of the building inspector or when there is no building inspector. 27(5) Council may from time to time appoint an acting building inspector who shall have the powers and duties of the building inspector in the absence of or the disability of both the building inspector and the deputy building inspector. permis ou du proprietaire enregistre du bien, selon le cas. 27(3) Le conseil peut nommer un inspecteur adjoint des constructions qui releve de l'inspecteur des constructions. 27(4) L'inspecteur adjoint des constructions est l'inspecteur des constructions par interim et, en cas d'absence ou d'incapacite de l'inspecteur des constructions, ou quand personne n'occupe cette charge, it exerce toutes les attributions et fonctions de l'inspecteur des constructions. 27(5) Le conseil peut a l'occasion nommer un inspecteur des constructions par interim qui, en cas d'absence ou d'incapacite de l'inspecteur des constructions et de l'inspecteur adjoint des constructions, exerce toutes les attributions et fonctions de l'inspecteur des constructions. 27(6) The building inspector is responsible for 27(6) L'inspecteur des constructions est charge the administration and enforcement of this de 1'application et de 1'execution du present arrete. By-law. 27(7) The building inspector unless otherwise indicated shall make all determinations with respect to the provisions of this By-law. Orders 28(1) The building inspector or any other person so authorized by Council may issue in writing such notice as may be necessary to inform the registered property owner where work or demolition was undertaken in contravention of this By-law, the Building Code Administration Act or its regulations. 28(2) If work or demolition is undertaken in contravention of this By-law, the Building Code Administration Act or its regulations, the building inspector or any other person so authorized by Council may make, in writing, one or more of the 27(7) Sauf directive contraire, l'inspecteur des constructions prend toutes les decisions relatives aux dispositions du present aff te. Ordonnances 28(1) L'inspecteur des constructions ou toute autre personne autorisee par le conseil peut dormer tout avis ecrit necessaire pour informer le proprietaire enregistre du bien que des travaux ou une demolition ont ete entrepris en violation du present arrete, de la Loi sur Fadministration du Code du bdtiment ou de ses reglements. 28(2) Si des travaux ou une demolition ont ete entrepris en violation du present arrete, de la Loi sur Padministration du Code du bdtiment ou de ses reglements, l'inspecteur des constructions ou toute autre personne autorisee par le conseil peut Q-91 following orders: (a) cessation of the construction or demolition work; (b) alteration of the construction or demolition work to remove the contravention; and (c) taking any other action required to make the building or real property safe. Right to Enter 29(1) For the purpose of ensuring compliance with this By-law, the Building Code Administration Act or a regulation under said Act, a building inspector or city inspector may, at any reasonable time: (a) enter any building or real property in the area for which the inspector has the responsibility of conducting inspections, (b) be accompanied and assisted by a person who has special or expert knowledge, (c) conduct tests, make inquiries and take samples, measurements, photographs or video recordings that the building inspector or city inspector considers necessary, and (d) perform any other duty or power prescribed by this By-law or a regulation under said Act. 29(2) Despite paragraph 29(1)(a), a building inspector or city inspector shall not enter an occupied part of a private dwelling except in the rendre, par ecrit, un ou plusieurs des ordres suivants : a) 1'arret des travaux ou de la demolition; b) la modification des travaux ou de la demolition de sorte a remedier a cette violation; c) la prise des mesures necessaires pour rendre le batiment ou le bien immobilier securitaire. Droit de penetrer dans des lieux 29(1) Afin de s' assurer du respect du present arrete, de la Loi sur Vadministration du Code du batiment et de reglements pris en vertu de cette loi, 1'inspecteur des constructions ou Finspecteur municipal peut, a toute heure raisonnable : a) penetrer dans les batiments ou sur les biens immobiliers situes sur son territoire de competence; b) se faire accompagner et aider par quiconque possede des connaissances particulieres ou specialisees; c) effectuer les analyses, prelever les echantillons, demander les renseignements et prendre les mesures, les photos ou les enregistrements video qu'il estime necessaires; d) exercer toute autre attribution prescrite soit par le present arrete, soit par reglement pris en vertu de la Loi sur Vadministration du Code du batiment. 29(2) Par derogation a 1'alinea 29(1)a), l'inspecteur des constructions ou 1'inspecteur municipal ne peut penetrer daps la partie occupee NOEII -50- following circumstances: (a) the building inspector or city inspector has the consent of the occupier; (b) the building inspector or city inspector has obtained an entry warrant under the Entry Warrants Act; or (c) the building inspector or city inspector has reasonable and probable grounds to believe that the building poses a threat to public safety. 29(3) The issuance of a permit, the review of the drawings and specifications, or inspections made by a building inspector or city inspector during construction of the work or demolition shall not relieve the permit holder from full responsibility for carrying out the work or demolition in accordance with the requirements of this By-law, the Building Code Administration Act or its regulations. Repeal 30(1) A by-law of The City of Saint John made and enacted on the 14th day of December, 2020 entitled "A By -Law Respecting the Construction, Repair and Demolition of Buildings and Structures in The City of Saint John" CP-103 and all amendments thereto is repealed on the coming into force of this By-law. 30(2) This By-law shall come into force upon the 15t day of January, 2023. 30(3) No occupancy permits shall be issued for buildings or structures where an occupancy permit was not required by a previous building by-law unless application for a building permit or relocation was accepted after the coming into d'un logement prive que dans 1'un quelconque des cas suivants : a) it obtient le consentement de l' occupant; b) it a obtenu un mandat d' entree en vertu de la Loi sur les mandats d'entree; c) des motifs raisonnables et probables lui donnent lieu de croire que le batiment cree une menace a la securite publique. 29(3) La delivrance d'un permis, 1'examen des dessins et devis ou les inspections effectuees par un inspecteur des constructions ou inspecteur municipal pendant 1'execution des travaux ou la demolition ne degagent pas le titulaire du permis de 1' entiere responsabilite qui lui incombe d'effectuer les travaux ou la demolition conformement aux exigences du present arrete, de la Loi sur Vadministration du Code du batiment ou de ses reglements. Abrogation 30(1) L' arrete de The City of Saint John no C.P. 103 intitule Arrete relatif a la construction, a la reparation et a la demolition de bdtiments et de constructions dans The City of Saint John, fait et edicte le 14 decembre 2020, ensemble ses modifications, est abroge des 1'entree en vigueur du present arrete. 30(2) Le present arrete entre en vigueur le F janvier 2023. 30(3) Aucun permis d'occuper ne sera delivre a 1'egard d'un batiment ou d'une construction pour lequel aucun tel permis n'etait necessaire en application d'un arrete de construction anterieur, sauf si une demande de permis de construction ou PUM -51- force of this By-law. Transitional — Permits 31(1) All building permits and demolition permits issued under "A By -Law Respecting the Construction, Repair and Demolition of Buildings and Structures in The City of Saint John", By-law Number CP-103 and all amendments thereto, after January 1st, 2023 are deemed to be their corresponding permits under this By-law subject to all terms and conditions of a building permit and demolition permit as if issued under this By-law. de deplacement a ete acceptee apres 1'entree en vigueur du present arrete. Transition — Permis 31(l) Les permis de construction et les permis de demolition delivres sous le regime de Z'Arrete relatif a la construction, a la reparation et a la demolition de batiments et de constructions dans The City of Saint John, soit 1'arrete no C.P. 103, ensemble ses modifications, apres le 1' janvier 2023 sont reputes etre les permis correspondants prevus par le present arrete, et ils sont assortis des memes conditions que celles auxquelles soot assujettis les permis de construction et les permis de demolition delivres sous le regime du present arrete. 31(2) For the permits mentioned in 31(2) S'agissant des permis mentionnes au subsection 31(1): paragraphe 31(1) : (a) the date of issuance of the deemed permit shall be the date of issuance of the original permit. Transitional — Applications 32 All applications accepted by the building inspector under "A By -Law Respecting the Construction, Repair and Demolition of Buildings and Structures in The City of Saint John", By-law Number CP-103 and all amendments thereto, are deemed to be applications under this By-law subject to the following terms and conditions: (a) all information and submission requirements required at the time of application are required for a building permit or demolition permit to be approved; and (b) all information or submission requirements not required at the time of a) la date de delivrance du permis repute est la date de delivrance du permis original. Transition — Demandes 32 Les demandes qu'accepte 1'inspecteur des constructions sous le regime de Z'Arrete relatif a la construction, a la reparation et a la demolition de batiments et de constructions dans The City of Saint John, soit 1' arrete no C.P. 103, ensemble ses modifications, sont reputees des demandes presentees sous le regime du present arrete, sous reserve des conditions suivantes : a) les renseignements et documents devant etre presentes au moment de la presentation de la demande de permis sont requis pour 1'approbation d'un permis de construction ou d'un permis de demolition; et b) les renseignements et documents qui ne sont pas requis au moment de la MOO -52- application are not required for a building permit or demolition permit to be approved. presentation de la demande de permis ne sont pas requis non plus pour 1'approbation d'un permis de construction ou d'un permis de demolition. Transitional — Conditional Occupancy Permit Transition — Permis d'occuper conditionnel 33 All conditional occupancy permits issued under "A By -Law Respecting the Construction, Repair and Demolition of Buildings and Structures in The City of Saint John", By-law Number CP-103 and all amendments thereto, are deemed to be conditional occupancy permits issued the same day as the conditional occupancy permits. Transitional — Phased Building Permits 34(1) All phased building permits issued under a "A By -Law Respecting the Construction, Repair and Demolition of Buildings and Structures in The City of Saint John", By-law Number CP-103 and all amendments thereto, shall be deemed to be a building permit for the work described in the current and all previous phases. 34(2) Any applications at the time of the coming into force of this By-law made under "A By -Law Respecting the Construction, Repair and Demolition of Buildings and Structures in The City of Saint John", By-law Number CP-103 and all amendments thereto, regarding the remaining work to complete the building or structure under a permit mentioned in subsection 34(1) shall be void. 34(3) A person may apply for a building permit which proposes work to complete the building or structure of which a building permit has been deemed to be issued pursuant to subsection 34(1). 33 Les permis d'occuper conditionnels delivres sous le regime de I ArnW relatif a la construction, a la reparation et a la demolition de bdtiments et de constructions dans The City of Saint John, soit 1' arrete no C.P. 103, ensemble ses modifications, sont reputes etre des permis d'occuper conditionnels delivres le meme jour que les permis d'occuper conditionnels. Transition — Permis de construction par etapes 34(l) Les permis de construction par etapes delivres sous le regime de Z'Arrete relatif a la construction, a la reparation et a la demolition de bdtiments et de constructions dans The City of Saint John, soit 1' arrete no C.P. 103, ensemble ses modifications, sont reputes etre des permis de construction delivres a 1'egard des travaux decrits dans 1' etape actuelle et dans toutes les etapes anterieures. 34(2) Les demandes presentees sous le regime de Z'Arrete relatif a la construction, a la reparation et a la demolition de bdtiments et de constructions dans The City of Saint John, soit 1'arrete no C.P. 103, ensemble ses modifications, apres 1' entree en vigueur du present arrete a 1'egard de travaux qu'il reste a effectuer pour achever le bdtiment ou la construction vise par un permis delivre en vertu du paragraphe 34(1) sont nulles. 34(3) Quiconque peut presenter une demande de permis de construction pour des travaux necessaires pour achever un bdtiment ou une construction pour lesquels un permis de construction a ete repute etre delivre en application KIM - 53 - 34(4) The building inspector shall accept, approve or deny an application for building permit which proposes work to complete the building or structure of which a building permit has been deemed to be issued pursuant to subsection 34(1) in the same manner as an application for building permit for the entire work after the coming into force of this By-law except as provided in subsection 34(5). 34(5) If the applicant for a building permit which proposes work to complete the building or structure of which a building permit has been deemed to be issued pursuant to subsection 34(1), has provided the building inspector the full application fee for the entire work under "A By - Law Respecting the Construction, Repair and Demolition of Buildings and Structures in The City of Saint John", By-law Number CP-103 and all amendments thereto, before the coming into force of this By-law, the application fees required pursuant to paragraphs 10(1)(b) and 9(5)(d) shall be deemed to have been received by the building inspector. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of The City of Saint John to be affixed to this By- law on the day of December, A.D. 2022 and signed by: du paragraphe 34(1). 34(4) L'inspecteur des constructions accepte, approuve ou rejette la demande de permis de construction pour des travaux necessaires pour achever un batiment ou une construction pour lesquels un permis de construction a ete repute etre delivre en application du paragraphe 34(1) de la meme maniere que s'il s'agissait d'une demande de permis de construction a 1'egard de 1'ensemble des travaux presentee apres 1'entree en vigueur du present arrete, sauf ainsi qu'il est prevu au paragraphe 34(5). 34(5) Si 1'auteur d'une demande de permis de construction a 1'egard de travaux necessaires pour achever un batiment ou une construction pour lesquels un permis de construction a ete repute etre delivre en application du paragraphe 34(1) a remis a l'inspecteur des constructions pour 1'ensemble des travaux le plein droit de demande de permis prescrit par l'Arrdte relatif a la construction, a la reparation et a la demolition de bdtiments et de constructions dans The City of Saint John, soit 1'arrete no C.P. 103, ensemble ses modifications, avant 1'entree en vigueur du present arrete, le droit de demande prescrit vise aux alineas 10(1)b) et 9(5)d) est repute avoir ete re�u par l'inspecteur des constructions. EN FOI DE QUOI The City of Saint John a fait apposer son sceau communal sur le present arrete le decembre 2022, avec les signatures suivante : Mayor / Maire Q-1-13 -54- City Clerk / Greffier de la municipalite First Reading - November 28, 2022 Premiere lecture Second Reading - November 28, 2022 Deuxieme lecture Third Reading - Troisieme lecture - le 28 novembre 2022 - le 28 novembre 2022 M-16.1 -55- Schedule A: Work Not Requiring a Permit Work not requiring a building permit for minor Work not requiring a building permit on a building and medium residential or structure other than minor and medium residential Repairing or replacing roofing or roofing material. Repairing or replacing roofing or roofing material. Replacing less than 25% of a single fagade of siding. Replacing less than 25% of a single fagade of siding. Painting. Painting. Maintenance, replacement and installation of Maintenance and replacement of mechanical mechanical equipment. equipment. Finish flooring. Finish flooring. Plaster or drywall repairs where the individual wall or Plaster or drywall repairs where the individual wall or ceiling area to be repaired is less than 50% of that ceiling area to be repaired is less than 50% of that wall, except those walls that are part of a fire wall, except those walls that are part of a fire separation or fire resistance rating required by the separation or fire resistance rating required by the Code. Code. Masonry repointing. Masonry repointing. Routine maintenance. Routine maintenance. Construction of decks and landings that are less than Construction of decks and landings that are less than 600 millimetres above grade. 600 millimetres above grade. Repairing existing decks, verandas, landings or stairs where such repairs are of the same type and configuration as that item being repaired. Insulating except foamed plastic on interior walls. PAVII -56- Wallpapering or other interior wall finish with finish materials having a flame spread rating of less than 150 except on a public corridor. Repairing and maintaining doors. Removing and replacing doors of the same type, location and size, except doors in a fire separation. Work not requiring a building permit or demolition permit An accessory building with a total floor area that is not greater than 55 square metres and that is not intended for overnight accommodation. A building on a construction site that is intended to be used only during the course of construction on the site and that is not intended for overnight accommodation. A building with a total floor area that is not greater than 58.06 square metres that is intended for overnight accommodation. A temporary building which is not intended to remain where it is erected or located for more than 28 calendar days. Public works in or on a street right-of-way. Retaining wall under 1 metre in exposed height. Retaining wall exceeding 1 metre in exposed height that is not adjacent to: public property, access to a building or private property to which the public is admitted. A tent or air -supported structure not greater than 100 square metres. 271 -57- Recreational and playground equipment but not buildings or similar constructions. NO -58- Annexe A : Travaux ne necessitant pas de permis Travaux ne necessitant pas de permis de Travaux ne necessitant pas de permis de construction — logements i densite faible on construction — bitiments on constructions autres moyenne que logements a densite faible on moyenne Reparation ou remplacement de la couverture ou des Reparation ou remplacement de la couverture ou des materiaux de couverture. materiaux de couverture. Remplacement de moins de 25 % du bardage d'une Remplacement de moins de 25 % du bardage d'une seule fagade. seule fagade. Peinture. Peinture. Entretien, remplacement et installation de materiel Entretien, remplacement et installation de materiel mecanique. mecanique. Finition du plancher. Finition du plancher. Reparation du platre ou des cloisons seches lorsque la Reparation du platre on des cloisons seches lorsque la surface a reparer d'un mur ou d'un plafond represente surface a reparer d'un mur ou d'un plafond represente moins de 50 % de la surface totale de cc mur, a moins de 50 % de la surface totale de cc mur, a 1'exception des murs faisant partie d'une separation 1'exception des murs faisant partie d'une separation coupe -feu ou d'un indice de resistance au feu exiges coupe -feu ou d'un indice de resistance au feu exiges par le Code. par le Code. Rejointement de la magonnerie. Rejointement de la magonnerie. Entretien courant. Entretien courant. Travaux effectues au titre d'une dispense pour travaux Travaux effectues au titre d'une dispense pour travaux d'61ectricit6. d'6lectricite. Construction de terrasses et de paliers d'escaliers a Construction de terrasses et de paliers d'escaliers a moins de 600 millimetres au-dessus du niveau du sol. moins de 600 millimetres au-dessus du niveau du sol. Reparation de terrasses, de verandas, de paliers d'escalier ou d'escaliers existants qui n'a pas pour effet de modifier le type ou la configuration de 1'616ment repare. Isolation, a 1'exception de l'isolant en matiere plastique expansee sur les murs interieurs. Pose de papier peint ou d'un autre materiau de revetement mural interieur ayant un indice de PAN91 -59- propagation des Hammes inferieur a 150, sauf dans des corridors communs. Reparation et entretien des portes. Enlevement de portes et leur remplacement par des portes du meme type, au meme endroit, et ayant les memes dimensions, a 1'exception des portes des separations coupe -feu. Travaux ne necessitant pas de permis de construction on de permis de demolition ■ Un batiment accessoire dont 1'aire de plancher totale ne depasse pas 55 metres carres et qui n'est pas destine a 1'hebergement. Un batiment sur un site de construction qui est destine a etre utilise uniquement pendant la duree de la construction sur le site et qui nest pas destine a 1'hebergement. Un batiment dont I' afire de plancher totale ne depasse pas 58,06 metres carres et qui est destine d 1'hebergement. Un batiment temporaire qui nest pas destine a rester a 1'endroit ou it est erige ou situe pendant plus de 28 fours civils. Travaux publics dans 1'emprise d'une rue ou sur celle-ci. Un mur de soutenement de moins d'un metre de hauteur exposee. Un mur de soutenement dont la hauteur exposee est superieure a un metre qui nest pas adjacent a un bien public, a 1'acces a un batiment ou a une propriete pnvee dans laquelle le public est admis. Tente ou structure gonflable d'une superficie maximale de 100 m2. Materiel recreatif ou de terrain de jeux, a 1'exception de batiments ou de constructions similaires. Schedule B: Scheduled Inspections for Building Permits WINDOWS AND DOORS FRAMING FINAL �w CLADDING PRE -CLADDING FINAL ELECTRICAL FIRE SEPARATIONS FINAL INTERIOR RENOVATIONS POST DEMOLITION FRAMING PRE -DRYWALL IMF DRYWALL AND FIRE SEPARATIONS FINAL MINOR AND MEDIUM RESIDENTIAL ACCESSORY BUILDINGS AND DETACHED GARAGES PRE -FOOTING FRAMING FINAL DECKS FOOTINGS FINAL EXTERIOR RENOVATIONS AND REPAIR PRE-BACKFILL STRUCTURAL FINAL NEW CONSTRUCTION AND ADDITIONS PRE -FOOTING PRE-BACKFILL UNDERSLAB INSULATION FRAMING PARTY WALL PRE -DRYWALL PAW -61- DRYWALL *LARGE PROJECTS MAY BE SUBJECT TO MULTIPLE SETS OF INSPECTIONS IFTHE SIZE OF THE PROJECT IS TOO LARGE TO DETERMINE COMPLIANCE OF THE WORK THROUGH A SINGLE SET OF INSPECTIONS. KOO -62- Annexe B : Inspections prevues — permis de construction FENETRES ET PORTES CHARPENTE INSPECTION FINALE BARDAGE AVANT LE BARDAGE INSPECTION FINALE INSTALLATIONS ELECTRIQUES SEPARATIONS COUPE -FEU INSPECTION FINALE RENOVATIONS INTERIEURES POST DEMOLITION CHARPENTE AVANT LA POSE DES CLOISONS SECHES CLOISONS SECHES ET SEPARATIONS COUPE -FEU INSPECTION FINALE BATIMENTS ACCESSOIRES ET GARAGES ISOLES — LOGEMENTS A DENSITE FAIBLE OU MOYENNE AVANT LA COULEE DES SEMELLES CHARPENTE INSPECTION FINALE TERRASSES SEMELLES INSPECTION FINALE RENOVATIONS ET REPARATIONS EXTERIEURES AVANT LE REMBLAYAGE INSPECTION DE LA STRUCTURE INSPECTION FINALE NOUVELLES CONSTRUCTIONS ET RAJOUTS AVANT LA COULEE DES SEMELLES AVANT LE REMBLAYAGE ISOLATION SOUS LA DALLE CHARPENTE MUR MITOYEN MAN - 63 - AVANT LA POSE DES CLOISONS SECHES CLOISONS SECHES INSPECTION FINALE *LES PROJETS DE GRANDE ENVERGURE PEUVENT FAIRS L'OBJET DE MULTIPLES SERIES D'INSPECTIONS SI UNE SEULE SERIE D'INSPECTIONS NE SUFFIT PAS, EN RAISON DE L'IMPORTANCE DU PROJET, POUR DETERMINER LA CONFORMITE DES TRAVAUX. P10-11 Schedule C: Fees The application fees referred to in this By-law are as follows: Building permits $120.00 + $8.90/$1,000.00 of the estimate + $2.00 per page of paper submitted over 279 millimetres x 420 millimetres in size. Additional Service Fees First 2 additional inspections Tier 1 FREE Any further additional inspections Tier 1 $75.00 First 3 additional inspections Tier 2 FREE Any further additional inspections Tier 2 $100.00 First 3 additional inspection Tier 3 FREE Any further additional inspections Tier 3 $200.00 Additional review Tier 1 $75.00 Additional review Tier 2 $100.00 Additional review Tier 3 $100.00 per hour or portion of hour per occasion Modification of application fee $8.90/$1,000 of the difference of estimate After-hours inspection fee with an active permit $75.00 Inspection requested by applicant/owner without an active permit $150.00 Demolition permit — garage or accessory building associated with a minor and medium residential $230.00 Demolition permit — all other $340.00 Relocations The demolition fee + $8.90/$1,000 of the estimate Mobile home relocation within City limits $300.00 PIM61 -65- Annexe C : Droits Les droits de demande mentionnes dans le present arrete sont les suivant : Permis de construction : 120 $ + 8,90 $/1 000 $ de valeur estimative + 2 $ par page presentee mesurant plus de 279 mm sur 420 mm. Droits de service supplementaires Deux premieres inspections supplementaires — GRATUIT cate orie 1 Toute autre inspection supplementaire — categorie 1 75 $ Trois premieres inspections supplementaires — GRATUIT categorie 2 Toute autre inspection supplementaire — categorie 2 100 $ Trois premieres inspections supplementaires — GRATUIT categorie 3 Toute autre inspection supplementaire — categorie 3 200 $ Examen supplementaire — categorie 1 75 $ Examen supplementaire — categorie 2 100 $ Examen supplementaire — categorie 3 100 $ 1'heure ou partie d'une heure, par visite Modification du droit de demande 8,90 $/1 000 $ de la difference par rapport a la valeur estimative Droits associes a une inspection effectuee apres les 75 $ heures lors u'un permis est en vi ueur Inspection demandee par 1'auteur de la demande de permis/le proprietaire lorsqu'il n'existe pas de permis 150 $ en vi ueur Permis de demolition-- garage ou batiment accessoire 230 $ lie a un logement a densite faible ou moyenne Tout autre permis de demolition 340 $ Deplacements Droits de demolition + 8,90 $/1 000 $ de la valeur estimative Deplacement d'une maison mobile a 1'interieur des 300 $ limiter de la munici alite W-1191 Schedule D: Assigned Estimate for Minor and Medium Residential New construction $150.00 per square foot Additional floors $100.00 per square foot Finished basements $55.00 per square foot Additions With foundation $150.00 per square foot Crawlspace Less 20% Post and Beam Less 30% Decks $20.00 per square foot Garage (attached or detached) $40.00 per square foot Siding Vinyl $6.50 per square foot Aluminum/Steel $8.50 per square foot Shingles/Clapboards $6.50 per square foot Notwithstanding the above, where the estimate of materials only is available Twice the estimate of materials The amounts in this Schedule shall be increased on an annual basis based on the Consumer Price Index of the previous year or 3%, whichever is the lesser amount, starting in 2024 up to the year 2027. K-15I -67- Annexe D : Valeurs estimatives attribuees — logements a densite faible ou moyenne Nouvelle construction 150 $ par pie Stages supplementaires amenages 100 $ par pie Sous-sol 55 $ par pie Rajouts Avec fondation 150 $ par pie Vide sanitaire Moins 20 % Construction a poteaux et poutres Moms 30 % Terrasses 20 $ par pie Garage (attenant ou isole) 40 $ par pie Bardage Vinyle 6,50 $ par pie Aluminium ou acier 8,50 $ par pi Bardeaux et bardage a clins 6,50 $ par pi Nonobstant cc qui precede, lorsque seule la valeur estimative des materiaux est dis onible Le double de la valeur estimative des materiaux Les montants dans cette annexe sont majores annuellement sur la base de Pindice des prix a la consommation de Pannee precedente ou de 3 %, selon le montant le moins eleve, a partir de 2024 jusqu'en 2027. WIN -68- Schedule E: Refundable Deposits The amounts of refundable deposit for building permits and phased building permits are: All If estimate is less than $90,000: $0.00 Tier 1 and 2 permits If estimate is $90,000.00 or more: 1% of estimate to a maximum of $2,000.00 Tier 3 permits If estimate is $90,000.00 or more: 1% of estimate to a maximum of $5,000.00 The amounts of refundable deposit for building permits and phased building permits issued for a property containing a building or structure approved for demolition by resolution of Council under the Saint John Unsightly Premises and Dangerous Buildings and Structures By -Law are: All If estimate is less than $100,000.00: $2,000.00 If estimate is between $100,000.00 and one (1) million dollars: 2% of estimate If estimate is greater than one (1) million dollars: $20,000.00 The amounts of refundable deposit for demolition permits are: All I If estimate is less than $2,000.00: $150.00 If estimate is between $2,000.00 and $10,000.00: $500.00 + 5% of estimate If estimate is over $10,000.00: 10% of estimate to a maximum of $5,000.00 The amounts of refundable deposit for relocations are: All The applicable demolition permit and building permit deposit WIN -69- Annexe E : Depots remboursables Le tableau suivant indique le montant du d6p6t remboursable exig6 pour la d6livrance d'un permis de construction et d'un permis de construction par 6tapes Tous les permis Si la valeur estimative est inf6rieure a 90 000 $ : 0 $ Permis de cat6gorie 1 et 2 Si la valeur estimative est de 90 000 $ ou plus : 1 % de la valeur estimative, avec un maximum de 2 000 $ Permis de cat6gorie 3 Si la valeur estimative est sup6rieure ou 6gale a 90 000 $ : 1 % de la valeur estimative, avec un maximum de 5 000 $ Le tableau suivant indique le montant du d6p6t remboursable exig6 pour la d6livrance d'un permis de construction et d'un permis de construction par 6tapes d6livr6s pour un terrain abritant un batiment ou une construction dont la d6molition a W approuv6e par r6solution du conseil en vertu de 1'Arret6 relatif aux lieux inesthetiques et aux hdtiments et constructions dangereux de Saint John : Tous les permis I Si la valeur estimative est inf6rieure a 100 000 $ : 2 000 $ Si la valeur estimative est de 100 000 $ a 1 000 000 $ : 2 % de la valeur estimative Si la valeur estimative est sup6rieure a 1 000 000 $ : 20 000 $ Le tableau suivant indique le montant du d6p6t remboursable exig6 pour la d6livrance d'un permis de d6molition : Toutes les d6molitions I Si la valeur estimative est mf6rieure a 2 000 $ : 150 $ Si la valeur estimative est de 2 000 $ a 10 000 $ : 500 $ + 5 % de la valeur estimative Si la valeur estimative est sup6rieure a 10 000 $ : 10 % de la valeur estimative, jusqu'a concurrence de 5 000 $ Le tableau suivant indique le montant du d6p6t remboursable exig6 pour les d6placements : Tous les d6placements Les d6p6ts qui s'appliquent aux permis de d6molition et aux permis de construction -70- Schedule F: Tiers For the purposes of this Schedule MICI means: Multi -unit dwellings of 3 units and above; Industrial buildings or structures; Commercial buildings or structures; Institutional buildings or structures; and Any other building or structure that is not a minor and medium residential. TIER 1 Minor and medium residential window and door Minor and medium residential deck Minor and medium residential siding Minor and medium residential - interior renovations value less than $20,000.00 Minor and medium residential - exterior renovations value less than $20,000.00 Minor and medium residential - accessory building and garage All demolitions Electrical TIER 2 Minor and medium residential — new Minor and medium residential - new dwelling unit or secondary suite Minor and medium residential - addition Minor and medium residential- interior renovations value $20,000.00 and greater Minor and medium residential - exterior renovations value $20,000.00 and greater MICI - Interior renovations value less than $25,000.00 MICI - Exterior renovations value less than $25,000.00 MICI - Change of occupancy, no renovations Mobile home Tents TIER 3 MICI - New MICI - Addition MICI - New dwelling unit MICI - Interior renovations value $25,000.00 and greater MICI - Exterior renovations value $25,000.00 and greater W-117 -71- Annexe F : Categories Pour 1'application de la presente annexe, MICI s'entend de ce qui suit Habitations multifamiliales de trois logements et plus; Bdtiments ou constructions industriels; Bdtiments ou constructions commerciaux; Bdtiments ou constructions de services publics; Tous les autres bdtiments ou constructions qui ne sont pas des logements a densite faible ou moyenne CATEGORIE 1 Logements a densite faible ou moyenne : fenetres et portes Logements a densite faible ou moyenne : terrasses Logements a densite faible ou moyenne : bardage Logements a densite faible ou moyenne : renovations interieures d'une valeur inferieure a 20 000 $ Logements a densite faible ou moyenne : renovations exterieures d'une valeur inferieure a 20 000 $ Logements a densite faible ou moyenne : bdtiments accessoires et garages Toutes les demolitions Installations electriques CATEGORIE 2 Logements a densite faible ou moyenne : nouvelles constructions Logements a densite faible ou moyenne : nouveaux logements ou logements accessoires Logements a densite faible ou moyenne : rajouts Logements a densite faible ou moyenne : renovations interieures d'une valeur de 20 000 $ et plus Logements a densite faible ou moyenne : renovations exterieures d'une valeur de 20 000 $ et plus MICI : renovations interieures d'une valeur inferieure a 25 000 $ MICI : renovations exterieures d'une valeur inferieure a 25 000 $ MICI : changements d'occupation, sans renovations Maisons mobiles Tentes CATEGORIE 3 MICI : nouvelles constructions MICI : raj outs MICI : nouveaux logements MICI : renovations interieures d'une valeur de 25 000 $ et plus MICI : renovations exterieures d'une valeur de 25 000 $ et plus WIN A LAW TO AMEND BY-LAW NUMBER BIA-2 BUSINESS IMPROVEMENT LEVY BY-LAW ARRETE MODIFIANT ARRETE N° BIA-2 ARRETE CONCERNANT LA CONTRIBUTION POUR L'AMELIORATION DES AFFAIRES Be it enacted by the Common Council of Le conseil communal de The City of Saint the City of Saint John as follows: John d6cr&e ce qui suit: The Business Improvement Levy By -Law of The City of Saint John enacted on the third day of January, 2006, is amended by: L'arr&6 concemant la contribution pour 1'am6lioration des affaires de The City of Saint John d6cr&6 le 3 janvier 2006 et modifi6 par: 1 Repealing section 2 thereof and I L'abrogation de Particle 2 aux inserting the following: pr6sentes et 1'ajout du texte qui suit : 2 A levy of 16 cents for each one hundred dollars of assessed value is hereby imposed for 2023 upon non-residential property within the Business Improvement Area established by By -Law No. BIA-1 Business Improvement Area By -Law enacted on the 5°i day of January, 2004. 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 and signed by: 2 Par la pr6sente, une contribution de 16 cents par tranche de cent dollars par rapport a la valeur fix6e est imposee pour 1'ann6e 2023 sur les immeubles non r6sidentiels situ6s a l'int6rieur de la zone d'am6lioration des affaires 6tablie en vertu de 1'Arr&6 n° BIA-1 relatif a la zone d'am6lioration des affaires 6dict6 le 5 janvier 2004. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le pr6sent arr&6 ** ** **** 2022, avec les signatures suivantes : Mayor/Maire City Clerk/Greffier communal First Reading - November 28, 2022 Premiere lecture - le 28 novembre 2022 Second Reading - November 28, 2022 Deuxi6me lecture - le 28 novembre 2022 Third Reading - Troisi6me lecture - 287 _fir 17 J lrrwl 1 COUNCIL REPORT M&C No. 2022-351 Report Date November 21, 2022 Meeting Date November 28, 2022 Service Area Public Works & Transportation Her Worship Mayor Donna Reardon and Members of Common Council SUBJECT: Winter Management Overview OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Tim O'Reilly Michael Hugenholtz I John Collin RECOMMENDATION It is recommended that Common Council: 1. Endorse the definition and service objective of Priority 6 streets as defined in M&C 2022-351, and 2. Receive this report for information. EXECUTIVE SUMMARY The purpose of this report is to update Common Council on what City staff will be doing, and is what is asked of the community, in keeping Saint John streets and sidewalks clear of snow, to specific objectives, for the 2022-2023 winter season. Resources are lean to achieve service the City's Winter Management Plan (WMP) objectives. There are no redundancies to account for storm severity nor factors within or outside the WMP team's control. The 2021-2022 winter season was the first true test of the ability to achieve service objectives defined in the City's Winter Management Plan with resource and organizational adjustments. Further service efficiencies and planning efforts have been identified and are being implemented to better assure objectives are met in volatile and variable conditions, including those related to the current economic environment. W-11.11 -2- PREVIOUS RESOLUTION City staff presented a similar Winter Management Overview prior to the last 2021- 2022 winter season. REPORT Inventory of Streets and Sidewalks Maintained During Winter Season The City maintains 1160 lane -kilometers of roadways and 225 kilometers of sidewalks throughout the winter, enough to travel to Moncton and back to Saint John 4 times and run 5 marathons, respectively. The City's inventory of sidewalks is 400 kilometers long. A portion (240 KM) is cleared in the winter given available resources and sought service objectives. The decision of which sidewalks are cleared is based on a risk -management approach, with a combination of expected sidewalk use and the speed and volume of vehicle traffic on the adjacent roadway. Future work to better estimate sidewalk use is planned. Service Obiectives and Timelines Specific outcomes related to clearing streets and sidewalks during and following winter storms are defined and measured as part of the City's Winter Management Plan. Each street and sidewalk fits into one of four priorities referenced in service objectives, as described in the following table: Priority 1 Priority 2 Priority 3 Priority 4 Streets Arterial streets, Major bus Collector Local or highway routes, schools, streets, minor subdivision connections, community bus routes, streets emergency centres, industrial routes business parks districts Sidewalks Major retail Immediate Remaining Remaining areas and major school areas arterial street local or Saint John subdivision Transit bus streets stops W-116.1 -3- Following is a summary of what and when objectives are pursued for each priority: • During a winter storm, achieve a basic level of accessibility on the City's Priority 1 and 2 streets and sidewalks, including to serve emergency vehicles, • Clear passable travel lanes on streets on Priority 1 and 2 streets 8 hours after end of a storm, 12 hours after end of storm for Priority 3 and 4 streets, • Push back and apply appropriate anti -icing material on Priority 1 and 2 streets 48 hours after end of storm, 72 and 96 hours after end of storm on Priority 3 and 4 streets, • Clear a basic pedestrian passage on Priority 1 sidewalks 12 hours after the end of a storm, 24 hours for Priority 2 and 3 sidewalks, 72 hours for Priority 4 sidewalks • Establish a walking surface with sand or salt applied at least once on Priority 1 sidewalks within 48 hours after end of storm, within 72 hours for Priority 2 and 3 sidewalks, within 96 hours for priority 4 sidewalks. The City is resourced to achieve these service objectives in an average winter. Storm severity (measured as an index out of 100 points) and successive storms, among other factors, can impact achieving these objectives. It is also important resources are not diverted from achieving objectives of higher priority streets. New Recommended Prioritv 6 Service Obiective and Timeline The City can reasonably clear the vast majority of streets that fit into the four established priorities in a range of winter conditions. A very small number of streets, in fact just a portion of one identified so far, has often not been cleared to meet timelines of any of the four priorities. Therefore, City staff believe it is important to identify the service standard we have actually been able to achieve on this street(s) with a newly defined Priority 6 in the City's Winter Management Plan. The recommended definition of a Priority 6 street in the Winter Management Plan is as follows: "Rural streets, typically gravel and with poor drainage, that, under particular climatic conditions, become rutted and/or ice packed and extra -ordinarily difficult or not possible to plow." The recommended service objective of a Priority 6 street in the Winter Management Plan is as follows: "192 hours (8 days) after end of storm — travel lanes passable. However, when particular climatic conditions that create rutted and/or ice packed conditions occur, road will not be passable indefinitely. No push back operations considered." P40.191 -4- The Priority 6 definition and service objective definition above form one of City's staff's recommendations to Common Council a part of this report. The street that gave rise to the recommended Priority 6 street definition and service objective is an unpaved portion of Old Black River Road. An overhead view and pictures of this section of street are shown in the accompanying City staff presentation. From the start of the gravel portion to the City limits is just under 5.5 km in length. Another 1.6 km length beyond that point is currently serviced during the winter through the City's Kilometrage agreement with the Province. This road was never built to any kind of standard and has many challenges including lack of drainage and lack of proper base and subbase materials. Two fishing lodges and an additional cabin have been occupied along this unpaved section of Old Black River Road, at times seasonally, at times year-round. Currently, an inordinate amount of resources go to provide winter service to a handful of mostly seasonal dwellings. With finite resources available, the City must prioritize roads based on their function in the transportation network as well maximizing the benefit to citizens. Practically this has meant starting winter maintenance on Old Black River Road when other streets have been properly cleared which can take up to four days after the end of a storm. Because of the condition of the road it can sometimes take days to clear this street alone. As with service level standards on other streets, successive storms may preclude achievement of these objectives. There are times, such as during much of the 2021-2022 winter season, when the ground is not frozen or repeated freeze -thaw cycles result in heavily rutted sections in low-lying areas of the roadway. During these times, equipment passage is not always possible, let alone any effective snow clearing. The combination of the 2021-2022 conditions and a recent change from seasonal to year-round occupancy of one of the fishing lodges for property security purposes with heightened demand for winter clearing, the gap between what is possible and stakeholder expectations for winter clearing became acute. The proposed change in service level more accurately reflects what is achievable with current resource levels. Anyone living on this roadway should be aware of these service level standards and be prepared to be snowed in for extended periods at a time - or to have alternate transportation means available to them (i.e. snowmobile or ATV). Upon approval of Council of this change in priority, any residents or fishing lodges on this section of road will be notified of the coming changes. The above -noted Priority 6 category of streets may be considered a stop -gap measure as further work takes place to appropriately balance service expectations and risks to the organization. P4%71 -5- Resources to Achieve Winter Management Plan Service Obiectives There are 44 plow routes, 33 street plow routes and 11 sidewalk plow routes. There is a maximum of one resource available at certain times for each street and sidewalk plow route - i.e. there is zero redundancy. Resources are lean to maximize cost efficiency. Being a service with lean resource levels means the ability to respond to uncertainty is very challenging, whether that be variable winter conditions or availability of resources. With both known and potential resource challenges, there is a heightened risk of not meeting service objectives more often. Simply put, when a single resource is unavailable to plow one of the 44 plow routes, there is more often times when service objectives within that route will not be met. There will be more times during late evenings and very early morning hours when there will be gaps in service; impacts on service objectives being dependent on timing of storms and storm severity. There are two specific changes this year that will impact resource availability. The first is nighttime recycling collection. This will require the reallocation of resources even during winter storms that could impact abilityto meet service level standards on some streets. The second is the continuing challenge of supply chain disruption. The City of Saint John is not alone in this challenge, which is faced by other municipalities and businesses around the globe. Snow plowing is very hard on equipment and mechanical breakdowns are frequent. Staff have been seeing delays in timelines for delivery of replacement parts well in excess of what we have experienced historically. This also has the potential of increasing equipment downtime which can also impact deliverables. For the 2022-2023 season, it is expected there will be more times during late evenings and very early morning hours when there will be gaps in service; impacts on service objectives being dependent on timing of storms and storm severity. City staff highlight further in this report how your Winter Management team are responding to various risks including those related to resources with contingencies and Continuous Improvement. 2021-2022 Measurement of Service Objectives In the 2021-2022 winter season there were seven recordable winter storms. The average Storm Severity of the seven storms, measured out of 100, was 44. It is also important to note that five of the seven storms last season occurred within one month, with these four storms having an average Storm Severity of 55. -6- For context, during the previous 2020-2021 season, there were four recordable winter storms over the entire season with an average Storm Severity of 42 (fewer storms with less severity than a one -month period in the 2021-2022 season). Over 7 recordable storms in the 2021-2022 season, the City achieved an average of 91% (passable/pushback) for Priority 1 streets, 88% (passable/pushback) for priority 3 and 4 streets, 88% (passable/pushback) for Priority 1 sidewalks, and 72% (passable/pushback) for priority 2, 3, and 4 sidewalks. Three tables in Appendix A of this report show the Storm Severity (measured on a scale of 100), and the percentage where deliverables were met on streets and sidewalks for all seven storms. The Storm Severity is shown on a negative scale to reflect the fact that more severe storms can result in lower service objectives. The graphs demonstrate better results earlier and later in the season with a more significant reduction in met objectives in January through early February. These results can be explained as follows: 1) Only two minor storms with average precipitation in December, negating the need for round-the-clock snow servicing. 2) Pre -season equipment inspections/maintenance for the start of the season ensured our readiness. 3) Four severe winter snowstorms occurred within one month, which aligns with the drop in performance. Performance during winter storms will be tracked again this winter season, and adjustments to service level standards considered in advance of the next update to Council in 2023. In particular, difficulties in meeting objectives for sidewalks may warrant adjustments to the service level standards, or resource levels in future years. Continuous Improvements and Contingencies Identified During and Following 2021-2022 Season With the last 2021-2022 season being a challenging one, and with known and possible resource availability risks, several additional contingencies and Continuous Improvement initiatives have been identified and pursued: Enhanced Storm Response Planning and After -Action Reviews — During the 2021- 2022 season, storms were handled as "mini -projects". Cross -department pre - storm meetings and after -action reviews were completed. This enhanced level of planning is seen as a "keeper" for the upcoming season. EMO-Inspired Cross -Department Coordination — During the approximate one - month period of four successive storms between early January and early February 2022, City staff commenced daily cross -department coordination meetings. Although the situation did not quite meet the warrant for activation of the City's P4%Ic3 -7- Emergency Management Organization, City -staff never -the -less employed many of the same values and processes. This enhanced level of coordination is another "keeper" if severe conditions in 2022-2023 or beyond warrant. Improved Highway Salt Availability — The challenging nature of the 2021-2022 season put pressures on highway salt usage to keep streets clear of ice and slippery conditions. Prior to last season, City staff placed heightened priority on managing impact on the 2021 General Fund Operating Budget by attempting to straddle initial season stocking of the City's two salt sheds between the 2021 and 2022 fiscal years. A few early storms last season put early pressure on salt usage, combined with the City's supplier of salt having a difficult time fulfilling demand from its various clients, including the City. Although the City maintained enough highway salt and abrasive sand during the 2021-2022 season to meet service objectives, the risk of running out of highway salt became greater than City staff was comfortable repeating, with uncertainty whether supply challenges will be improved for this next 2022-2023 season. For the 2022-2023 season, City staff have chosen to stock both salt sheds to capacity ahead of the season, which is now complete. City staff are continuing to pursue salt preservation techniques, including direct liquid application of brine City streets in advance of winter precipitation to further mitigate a repeat of high demand and low supply conditions and for environmental and financial purposes. Improved Cutting Edge Availability— Cutting edges are the wearable components on the bottom of plows that need to be changed throughout the season. Similar to the 2020-2021 season, suppliers are not able to hold prices for the upcoming season in a consistent supply contract given the fluctuating price of metals in our current economic conditions. City staff are predicting extended ordering and supply timelines as a result, again which would be exacerbated if another challenging winter season occurs. In the previous season, the City remained with enough stock to not impact pursuit of service objectives, but the risk of running out of cutting edges became greater than City staff was comfortable repeating. For the 2022-2023 season, City staff have chosen to pre -order a much greater quantity of cutting edges to mitigate a risk of high demand and supply delay conditions. Mitigating Increased Plow Fleet Age — Delays in delivery of replacement vehicles have required us to extend the service life of some of our equipment. As a result this older equipment is more susceptible to breakdown. In addition, supply chain issues with replacement parts is likely to extend down -time in the upcoming season. Several steps are being taken to mitigate the risk of extended down time of plow trucks, including • Efforts to seek purchase of a plow truck that may be available in the market for this upcoming season, • A heightened focus on equipment preparedness (detailed further in this report), • Continuous efforts to stock spare parts, and -8- • Temporary rental agreement for one additional piece of heavy equipment Increasing Use of Available Tracking Data — The City has the technology to track locations of where plow trucks have travelled. For 2022-2023, this data will be used more to identify streets that are either under serviced or serviced too much during and following winter storms. Increasing Sidewalks Plowed with Street Plow Wings — Plowing sidewalks with wings of street plow trucks can complete the clearing faster and provides an opportunity to reduce or eliminate snow built up along the curb -line. However, this process is not possible in some circumstances and requires heightened coordination and training. Therefore, for 2022-2023 year, a minor increase in sidewalks plowed with a street plow wing will be planned. Changes to Timing of Called Overnight Parking Bans — In the 2021-2022 season, City staff attempted to be very proactive in calling overnight parking bans. Typically a North -East-West (NEW) ban was called the night of a storm and the South Central Peninsula (SCP) ban was called the night following a storm. Calling the NEW bans during a storm was problematic as it was difficult to reach all streets during the storm, a legitimate expectation of residents who experienced the inconvenience of finding alternate parking arrangements and created transportation challenges for enforcement personnel. For 2022-2022, calling bans during the night of a storm will generally be avoided and a switch in the sequence of bans changed (i.e. SCP bans occurring first, typically the night after a storm, followed by a NEW ban if needed the next night). There will also be the need for more localized parking bans for which signage needs to be put out a minimum of 24 hrs in advance. Staff believe this change in particular should be highlighted in pre -season public communications. Earlier Focus on Winter Preparedness — In the end, fighting snow storms is a largely responsive service where the challenges are varied and often compounded. The best way to be even better at a responsive service is through adequate preparations and focus. As such, in advance of the 2022-2023 season, a switch from a focus in Public Works summer operations to winter preparedness commenced November 13, a full two weeks earlier than the previous season. Future Continuous Improvement Initiatives Additional Continuous Improvement projects related to winter storm management will be pursued in the future including: • Road temperature measuring technology, • Forecasts more specific to Saint John's climate, • Data and technology to better understand sidewalk use in winter conditions. P"01 -9- How Can the Community Help? The community can continue to play a significant role in maintaining our livable and safe city throughout the winter. Remaining informed about our Winter Management Plan through visiting the Snow Removal section of the City's website at www.saintiohn.ca is important. Planning for additional travel time or re- evaluating the need to travel at all during or immediately following forecasted storms will help. Use of winter tires and proper footwear will provide added traction as streets and sidewalks are going to be slippery at times, particularly while service objectives are being pursued. Keeping catch basins or fire hydrants around a citizen's property clear of snow and other debris will help ensure these are available to protect neighbourhoods if or when the need arises. Property owners are reminded snow from their property is not permitted to be placed onto City streets and sidewalks; this delays our ability to serve you and your neighbours and is a violation of one of our by-laws. The City appreciates some in our community have no or limited off-street parking, or use of off-street parking that is available can be inconvenient. The City has developed over the years, and continue to refine, a comprehensive system of ensuring on -street parking is available when and where needed as much as possible while supporting effective snow clearing efforts that we all also expect. If on -street parking occurs when snow clearing equipment is on a street, in efficiencies are introduced as equipment needs to return at a different time, or service objectives do not get met for that street. The community can help by following on -street parking regulations for a particular street, parking off-street when overnight parking bans are called is important, and parking off-street whenever possible. City staff, through our Integrated Customer Service Centre, are available to interact with the public at any time. Remaining informed about the City's winter management plan on our website, however, will assist in understanding expectations of service during and following storms. Patience during more severe storms is requested. Although we are available to interact with the public 24/7, citizens remaining informed will help prevent surges in calls to us during and following storms that may delay or prevent others with a need from reaching us. City staff do not have the ability to divert resources, such as to plow lower priority neighbourhood streets sooner or to provide enhanced clearing in front of driveways. NO-1.1 - 10- STRATEGICALIGNMENT This report best aligns with Common Council's priority of: • Move — by contributing to the re-establishment of safe transportation options following a winter storm event, and • Perform — by measuring results and continuous improvement of the street and sidewalk snow clearing service. SERVICEAND FINANCIAL OUTCOMES Staff is optimistic the service improvements and contingencies introduced for the 2022-2023 winter season, in conjunction with past initiatives, such as live edge plow technology and brine usage, will allow your Public Works team to maintain a consistent, balanced approach in providing citizens with quality service during the winter months with the resources and equipment available. We will continue to monitor success this coming season. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Input was sought from additional City Departments including: • Communications • Customer Service • Fleet Services ATTACHMENTS Appendix A: Storm Severity, Street Service Level Objectives, Sidewalk Service Level Objectives Experienced in 2021-2022 Season City Staff Presentation P4%tl -11- Appendix: A Storm Severity, Street Service Level Objectives, Sidewalk Service Level Objectives Experienced in 2021-2022 Season Storm severity Index Inverse Graph t5wnnry'1Np -W 09D� 14Dec D]-1M 15'lan 111. 2— —b STORM DATES AND ROUTE PRIORITIES -12- 0 W W J a a u Ln w L cc a z a p"O el L N N O N 00 N i N E N z z _O ca O cn > E N -0 > +j U � 0) .U � . � _0 U_ O U O O N O `n i U � �. ! ca _0 O ca O O O O -1-j —0}' > (1) U O -0 .� N .0 N O U E cn -0 � L •� N O O Q O N .N U !E Q L7 cn ai oi U a� > C1A O • O +j C6 cn Clp O • _ N 0 U N O ca �' _ .0 0-xA •X G • f6 i > O � O L L • � cr ate-+ _ ai O U Q • i I � O E N � cn aA a--+ (n I O .0 . 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Ln N N O O ' N N MUNIAMN3AW Know 0 0 IMMEME ■ENEM ■ ri o EMMMM CO) N LL LL AL r-I r-I q, N 4 ^� L1 N � � m 43131dWOD SM1801ad JO % 0 O bA cn Q m O w Co O Q c: � L bA O a--+ b-0 N U >. ca > co m � O � w � U t�A can ca � c cn N m i 0 bA N C: w w U w A u 0 0 0 cr L E m .7n Ln O c- N N O O m Ln O N W Ln 0 r-i s I N N O � U C N w DC �O COMMON COUNCIL REPORT M&C No. 2022-382 Report Date December 06, 2022 Meeting Date December 12, 2022 Service Area Growth and Community Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT: Demolition of Vacant, Dilapidated and Dangerous Building at 181 Bayside Drive (PID: 00343715) AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Benn Purinton J Hamilton /A Poffenroth Brent McGovern RECOMMENDATION RESOLVED, that the building located at 181 Bayside Drive, PID# 00343715, is to be demolished as it has become a hazard to the safety of the public by reason of dilapidation; and BE IT FURTHER RESOLVED, that one or more by-law enforcement officers appointed and designated underthe Saint John Unsightly Premises and Dangerous Buildings and Structures By-law are hereby authorized to arrange for the demolition, in accordance with the applicable City purchasing policies. EXECUTIVE SUMMARY The purpose of this report is to advise Council that a Notice to Comply was issued under Part 13 of the Local Governance Act for the building located at 181 Bayside Drive. The hazardous conditions outlined in the Notice have not been remedied by the owner within the required time frame and staff is looking for authorization from Council to arrange demolition of the building. PREVIOUS RESOLUTION N/A REPORT The two -storey, single-family home located at 181 Bayside Drive is a hazard to the safety of the public by reason of being vacant or unoccupied and by reason of dilapidation. Staff first became aware of the building's vacancy in April of 2019 and began standard enforcement procedures. The property is located on a busy -2- street in the City's East Side and is currently assessed at $92,500 as per Service New Brunswick's Land Registry. The building's interior has deteriorated due to ongoing water infiltration. There is mould and peeling paint present throughout the building. At the rear of the building on the main level, the kitchen floor has partially collapsed. There is debris throughout the building that presents a tripping hazard in some areas and limits mobility in other areas. The building was unsecured from June 2nd to July 51h, 2022, and there were multiple instances of break-ins and other criminal activity during that time. Despite multiple attempts by staff to have the owner secure the building, they were unable to do so. On July 51h, 2022, City staff took action to have the building secured. The reports of criminal activity have continued despite the building being secured. During a September inspection, multiple instances of graffiti were found throughout the building. During the same inspection, the floor in an upstairs room was found to be charred. There was a propane tank in the room with the charred floor. A Notice to Comply was issued and posted to the building on October 7, 2022, as per section 132(3) of the Local Governance Act that outlines acceptable methods of service. The Notice provided the owner with 45 days to remedy the conditions at the property. The owner did not file a Notice of Appeal within the time frame provided. A compliance inspection was conducted on November 21, 2022, which revealed that the conditions have not changed since the Notice was issued. Attached for Council's reference is the Notice to Comply that was issued and the affidavit attesting to service. A copy of the letter advising of the Common Council Hearing date is attached. The letter was posted to the front door of the building located at 181 Bayside Drive on November 28, 2022. Also included are photos of the building. The Local Governance Act indicates that where a building has become a hazard to the safety of the public by reason of dilapidation or by reason of unsoundness of structural strength, the municipality may cause the building to be demolished. As required in the Act a report from an engineer is attached, forming part of the issued Notice to Comply, and provides the evidence to the buildings' vacancy, dilapidation and resulting hazard to safety of the public. STRATEGIC ALIGNMENT Enforcement of the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law aligns with Council's Belong priority. Hazardous vacant buildings create unsafe conditions in neighbourhoods and diminish community pride. K5r51 -3- SERVICEAND FINANCIAL OUTCOMES As is written in the Local Governance Act that a municipality must commence in the proceedings of remedial action, approval of Common Council is required prior to starting demolition activities at the property. Total cost of the demolition work is estimated at $35,000. Upon approval of the recommendation, staff will seek competitive bidding in accordance with the City's purchasing policy. The cost of the work will be billed to the property owner and if left unpaid, it will be submitted to the Province with the request for reimbursement. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS General counsel registered the notice to comply with Service New Brunswick's Land Registry. ATTACHMENTS Affidavit of Service — Notice to Comply Affidavit of Service — Notice of Common Council Hearing Letter Photos Ec1iF:3 CANADA PROVINCE OF NEW BRUNSWICK COUNTY OF SAINT JOHN CITY OF SAINT JOHN IN THE MATTER OF THE BUILDING THAT IS LOCATED AT �� I 4(;i + ,_ c'\ t : , Saint John, N.B. (PID number AFFIDAVIT OF SERVICE of the City of Saint John in the County of Saint John and the Province of New Brunswick MAKE OATH AND SAY AS FOLLOWS: 1. I am employed by the City of Saint John in its Growth and Community Services Department. I have personal knowledge of the matters herein deposed where otherwise stated. 2. On the -1 day of I posted the following documents: 2022 at approximately P\- • a Notice to Comply, attached hereto as Exhibit "A" • and a Notice j/o,(f✓'Appeal, attached hereto as Exhibit "B" /�J f,�. L to the building at '7'� t"�}V ,Saint John, N.B. Sworn To me at the City of Saint John, N.B. on the k �L day of Travis Radtke Commissioner of Oaths My Commission Expires December 31, 2025 K1&61 FORM 4 NOTICETO COMPLY - DANGh:ROUS OR UNSI(:HLTY PREMISE (Local Gaveraauce Ac•t, S.N.R., 2017, c.18, s 132(2)) Parcel identifier; PID #00343715 Address: IS I Bay -side [)rive, Saint .lohn, NB Owners) or Occupier(s): Nome:.lacob Dearm Address: 1) Hardg:ue CWSCCnl, Brampton, ON, L7A 3V5. Name: Florence Dearin Address: l) 1lardgme C'rescem, Brampton. ON, 1.7A 3V5. FORMULE 4 AVIS DF. CON FORM ITE - LIEUX DANGF,REUX OU INIsS'1'IIE.TIQUF.S (Lui sur la gouPerua►►c'e locale, L.N.-B. 2017, ch. 18, par. 132(2)) Nmn> ru d'idenlilication de la parcelle : Nil): 00343715 AdlVsse : IS Bayside Drive, Saint.lohn, N13 Propri6txire(s) (iu occupant(s) : Nom : Jacob Dcarin Adresse : t), Croissant I lardgate, Brampton, ON 1.7A 3V5. Namc: Florence Dearin Address: 1), Croissant I lardg:ue, Brampton, ON L7A W5. Local government giving notice 'E'he City ul Saint Gouvernemenl local signiliant Pavis : The City of John. salm .lobo. liy-law contravened:.Saim Jnow thrs44hdv Prrrni e.N and 1)arlp'l-orrc Btrif lifigs and structures hr•I.uu', By- law Number M-30 and amendments 111CIVto (thC "By law"). Arrctc enl'reinl : Arrr it; r'r•latil mm livia inestl empires et race 1011 m•lu.c (1t ennanurviau.e 1tell lgeretr.r ill, Saint Jolla, Arrtitr numrro M-30, ainsi Clue ses m odil'ication, Ci-alfrrenles Wl , Arrclj •0- Provisions) contravened: Suhseclinns 00). 6(2) and Disposilion(s1 enl'reintefs) : Les paragrapher 61 11, (lf2) 6(3) ol'ihe By-law. ct para-raphe 03) dr I'Arrctu. Conditions(s) that exist: The premise is unsihlly by permitting .junk, rubbish, r I'LlSe and a dikIllid:tied building to remain on Ilse premise. The hudding has become a hazard to the safely of the public by reason of* being, vacant or unoccupied and has heCtnnC a Il:lZ;lRI to the safely of the public by rCasorl ol'dilapidation. The conditions of the building and premise are de-%cribcd in SChcdule ••A", It true Copy ol'the inspection rrpnrl LIMCd October 6, 2022, prepared by Dawson Mitchell. By-law EII I'MCC111C111 0111CCr, rcvicwCd and Concurred in by 13MIlch Bentley, 1'. ling.. By-law hnforccnlent ( lTicer. What must be done to correct the condition: The owner is to remedy the Conditions by Complying with the retiuirCd remedial actions nl' the aliorcnlentioned inspection report and bring, the building and prentiseN into ComplianCC Willi the aWAWCS:lid By-law. In 111C CVenl Thal IhC owner d0eri not remedy the Condition of the building and premises In the little prescrihCd by this Notice to Comply, the buildim"' play hC demolished as the Corrective action to address the hazard to the s:d'ety ol'Ihe public and the premises may he cleaned up. Ill the CM11 of denwlition, :111 debris and iWIM on the premises will he disposed of as the Correclive action to adth't:SS the hard to the Nulcty ol'the public. Description de la (des) situations) : Les lieux son( u1eNlhrtitiueN en IM-111 luau la pre once de ferraille, 00 dru'iu, ct IC Ixitiincm tlrhhre. Le halirllew est devenu dan ereu-s pour la Nccurilr till public dti fait de suns inhahitalion Olt de unl nurccupation el est devenu long rCuse pour I;1 du publiC (Ill fail de son (0abrement. Los Conditions du b5timent et des IICIIX sont dreriles a 1'annexe « A tine collie conlorme tlu rapport d'inspeCtiorl en dine do 6 octobre 2022 el prepare par Dawson Mitchell, une awentc Charge do I'CWCm60I1 &N MT116s dti OUVCrncnIClI1 local, rlivisc el Cn d 11CCorlle :tVVC par 1'anlela BCntlCy, ing., tine agenlc Chill" dC I'CWL:ltllml dcS MT&c s du gouvCrnCIWIII local. CC qu'il y it lieu do luire porn- y remcdicr: La proprlr•taire doil resulurer les conditions en Sc Coll I ortnant aux IVComun:uldations du rapport d'inspecmon suNnlenlionnc cl d'amener IC h5timent el Ics lictx en conformilrs avcc )'Arrctc. Ikms I'Cvenlo:thle title la pro1)1.1 l lll'e lie renlcdient pas le b5lintcnt el ICN IICIIx d:uu IC ICInpN pewee 1 IMI IC prrsenl avis de Conlin-nlilr, IC N"I intent poul'ronl i11-c drnudix CnnunC nksurc CUI'I'CCIIVC ComptC Mill tiu'il represcntC un dan-el pour I:1 sreuril du public el les lictlx poul'ront elm netloyc,. I)am 1'r'ventnalile' de drnullition, Ions les dchris el autl'Cs ilCnls Nut' ICN 11CLIX NCI'onl diNposcs CommC Mrsurc corrective dans IC hill de rem&lien le clinger pour la ,ccurur du public. 320 Il1r :Iforcnhcnlioncd remedial actions relating to the demolition olihe huildill" tad the dispo,: l of debris and items on the premises do not include the carry -out clean- up, site rehabilitation, restoration ol, land, premises or Personal properly or other I-C1110diA aCtion in order w Control or reduce, eliminate the IrlcaSC, 1111er the n1:kiltte• of rcleasr or Ihr release of any Contaminant into or upon the envu'onnlent orally part ol- the elvironnu•nl. [-r\ 111CntII-Cs COITUCIiVes SII10110160I111CCN WkiliMlIel11 it Ili drruulitiou tin h5limelt el hk disposition des dt'hris el ati Ora neon sur Ics 11CIIx Ile COnylrennelt pas le neltovage, la r"oisr en slat des lieux, des terrains ott des bienn personnels oil IOIIIC MAIN nlesurc Corrective dam Ic hill Lie conlriile' Oil tie rcduire, tl'climiner le Clcvrr,unlenl, de mOdifie' IC nurde tie dCM-Selllerlt oil le &\erSCnleu d'un pollu:un dons Oti sur I'Cr1ViIOlIIICrllen[ oil IOIIIC INIHIC do 1'016-0111lClllellt. Date I)efore which the condition mu+l be corrected:' Delai imparti pour y remcdier:' a) The demolition ol'the building- clean-up of the property and I-Cl:tied renlCdieS uuisl he Complete, or plain and permit apphcatiom lot - repair r0,11Cd renu•diCS, nnlSI he SuhnlittCd- within 30 day~ of brillg Served with the Notice to Comply. b) The repair related remedies mkiSl he conlplett within 45 days OI being nerved with the NotiCL. to Comply. a) La dcluolilion tin blitilneut CI IC ncltoyage tics lieu\ doivrnt clre conlj)Wthe%, oil 5 la(Jtielle 1e% plan~ Cl dell:IlltiC ClC purnli.s pour Ics nlesures ties rcp:u'ationS, dOiyCIII jute SoilmiscS, danN Ics 30 jourS (Jui suivent la Signification tie I'avis dr conlornutc. b) Lc,, repaiationn relicts aux rncsulc%dorvenl cur compleleeS Clans les 45 jour:s (Jill suivenl I❑ %iplrlienti Ort de 1'avis Cle conlornlilc- Date lior giving; notice of appeal: Within 14 days of Dale Hittite pour dormer 1'aviN d'appel: Dans les 14 bring, served with the Notice to Comply. Ioor:S (Jill suivent la notification de I'avis tie Conformitc. Process to appeal: The owner may within 14 days idler having been served with this Notice to Comply, send a Notice of Appeal by registered mail Ili the City Clerk of The City Of Saint ,lolm, City Hall -- 2`1 Floor, 15 Markel Sytlare, Saint .lohn, New Brunswick. 1.21- 41,1. Potential penally far not complying with notice Within tinge set out in notice:, Suhsertion I I ( I 1 of the By-law Status Ihat a pe:unl who foils to Comply with the terms Of a Notice to Comply given under Section 7 OI the said By-law, commits an ol'lence till[( is ptlnrshahle antler I'ar('_ ol' Ihr !'rrnirrrirrl UJIi•fices Proo-rdnrr Ar I as :I category F ol-Iencc. Where an of UIICC under suhsectiOII 11( I ) MllinurS 101' 11101-C than one (hy, the mininunn fine Ihat nlay he inlpoSCLI is the Illlrllrllnrll I'illC Set by the Prrn•inriul U%%r•nres Prnrrdurr Art fur a category F oflence Illuhipiied by (lie nunlhrr of tiayS during which the olTencecominues pkirsuau to 1;uhparagriIp1I I I(3)(b)(i). Local government's authority to undertake repairs or remedy:' Paragraphs 12( 1)(a), 12( 1 )(h) and 12( 1 )(c) of' [Ile By-law State that il' an owner or OCCupicr tiOCS not Comply with a Notice to Comply given under section 7 witlin the tittle Set out tin the Said Notice, the City tnay. cause file premises ol- that Owncr Or occupier to he cleaned tip or repaired, or cause Ihr building or other NIRIClurr OI' Ihal owncr or Oceupicr to he repaired Or demolished- 1=urilier, subsection 1213} of the By-law slates that the Cost of C:urying out Such work, aldilding any associated charge or fec, IN charsrable to Ihr owner ur occupier and hCCt MUS a debt title IU the City, Processux Wappel : La propri0aire peux duns les 14 low, yui st iveot Ili notification tie I'avis de conl'ornlitc, envoy kill avis d'appel par courrier reconlnlallik ll la glrlllcre tie la rlumicilla itc, a The City ol' Saint .lohn.,, I dihce de I'hincl do ville. 2` ctagc, 15 Market Syltare, tiaint .lohn, Nouveau -Brunswick, F211- 41- 1. Pcine possible en cas Womission de se conformer aux exigences de 1'avis daps le dclai y impard : Le paragraphs I I( I I de I'Arrctc prcvoil yuicon(Jtie omel de Se conformer tntx exigencrS lornuilces daps till avis tie confOrnlilc llotilir aux termes Lie I'aticle 7 de ladite Ar'r0tc, conunet tine infraction tgtii US[ purlissab1V ell vertu ClC Ill pM tie 2 de la Lai sur lu ln'urr%drrrr rrpplirtrhlr un.t bi/i- -Urns Prrmiurirrh•s it liar d'inlraction tie la clanNc 1:. L.OrSt)il'une inh'lldinn privkie ati paragr;glhe I1(I) Se poucSuil pcndall plus d'trllC .j0tIrII&. I'anit Ide nlinirtn:tie yui patll i 11-C 11111XuNt�r C%I I'alnelde miniolalC prcvtic par la 1-err sur lu proce'dare ap1dicable- carat iu%rnr-riuusPrnrirrriulrs pour one Infraction de la Clasw I` nulltillire par IV nonlhrC de jokirS punClanl Ius(Jtluls ('infraction NC potir:Stlit coldormrolcnl -'I I'alinca 1100-6). Pouvoir du g;ouve•nemenl local Wentreprendre des reparations oil de rentedier a la situation : ' C'onforincment aux alintias 12( 1 ill). 12(1 )b) cl 12( 1)c) Clr I'Arrclr`, Ni tin aviN tie COIIIOl'nlilc it etc Signific ails ICI RIC', Lie I'arliclr 7 tie Iadile Arretc cl, title le propl-0aire oil I'occupant tic sc coldornle pas it cet avis Lie Conformitc dMIN IC ticiai iolpkirti kit lei (Jti'il Cst rcpkilc conlitttic Ott let (Jti'il CSI eonlirnlc oil nlodific par kill rumor du ccnlsril oft par kin juge ell vertu IC paragraphC 12(3) tie ladite Arretc, la axnlicipalhc peal fairC nclloye- Ou rcparer It!.-, lieux Cie Ce proprictuire Ott de cut Occupant Ott dr i':rirr rrp:urr Oti &11101ir IC biilillnCtlt Oil Multi Comtrticlinn dr CC prOprirU61V Oil tie cut occupant, of ICN coiun al'I'creuts a I'exrculion tic% otivl-.I,,�Cs. y compriN IODIC rrdCvance Oil totil droil Connexe, son( Ills a I❑ 321 Chat' C du pl'uln'irtan'c ou dc• I'nccupan( Cl devicnnenl tine C WMICC dr 1:1 numiClpalilr. Milled at Sainl John on the _ day of t)cloher. _'U?'_ Fail :I Saint John le — oclohrr M". Local government: The City ol'Saim ,Sohn. Couvernement locale The City ol' Najnl .Sohn. Signature of the ol1'icer of* the local government: Contact information 4)1' the o1'licer of, the local government: Nano: Pamela Bentley, P.Fno Mailim, address: Growth Mill Conununity Services The City of, Saint John 15 Marko Syu:or City Ball Building I"Flour 1'. U. Box 1971 Saint .Sohn, New Brunswick F21_ 41,1 Telephone; (506) 658-291 1 F-mail' paniela.hcntley tlysain(john.ca Fax; (506) 632-6199 Corporate seal of the local government Nuns: 1. All approluime llernlia, •nuSl he nhlainnl :mtl all Itilcr:nll Icgiclailon Ilium he complied scull ill Ihr rourw• o camping out 111K• required rcnlydn+l .Icliun Signature du fimelionnaire du gonvernemenl local: ('oordonnccs du lonclionnaire du gouvernement local. Nom hililela Benik•y, ing. %dicsu• pomalc SCI'VICC dC la C'rolss:lnrC cl d1l COW tilt] lliln(M I rC The Cite 1d' Sanll .Sohn 15 Market Square I?difice (IC 1'hiuC1 (IC Ville. I` u1�C ( :I?C poslAc 1971 Saint .Sohn ( Nouveau -Brunswick) F21. -IL I ]Ae phonc : (500) 6SX-291 Adic»c clCCuonlulue: pIIIIIAI.henlICY tl'saiIll juhn.ca 'I'rWr,'oplCUl' . ?500) 032-6199 Secau du gotivernement local Nule%. 1 1011, ICs lxllul. 111c,rrils dulVc111 VLlr ONLIHN cl Souk I;r Ir l t;mun perluu'ntc Jail t11R• 1'•,1ccice pcnd:ml 1'excrulion dc, ms�uln•, dr rcnu4Eialiun. p. Paymcm ul tllr line Jura nut allrviato the Lehligatienl hr cnulplu -''_ Lc paicnlcnl dr Vallh•ndC Wit Pa> P.Nu• c11C1 1t':aumlcr Willi Ihr hyI:os. stand:u'd ur ❑olicc. ruhlig;uiun dc,r ruulurnlrr a I'arri'Ir.1 la nornlc uu it I`uria, 3. t'usls 11CLAMIC :1 dchl Jac Ill IfIC luC;d eoscruolcgl .Ind may hl• , I.— cunt, rlcncuncul IIIIC LIC4111CC Lln Lou Ycrucnlcnt lied el addcJ lu the joint lucid Fovel-nnlcul and p1m ulcial heal h-LIJI °r1) pcm'cnl vllc :gook, it I'avls CIIII11111111 J'cvulualiun Cl d'ingsGl Asu,%mcni and Tdx Notice. luncu•r dc, gourcnn•nlcnts l+nal Cl prllc iocial. 322 I hereby Certify that dug doctuneat to a rm Copy of ilk original. INSPECTION REPORT Schedule "A" 181 Bayside Drive Saint John, New Brunswick PI D# 00343715 Dated at Saim John, this_day or 1 b j 20-- ��n I Standards Officer Inspection Dale: September 8, 2022 Inspection Conducted By: Dawson Mitchell, EfTanti Pamela Bentley, P.hng. Introduction An inspection of the property. 181 Bayside Drive (13I1)#00343715), revealed That there iS uric building (the "Building.") on the premise; .t lwo•sunry, wont! -framed, single family building. Staff first becMmt aware of the vacancy of the 131.lilding un April 30, 2019 and be;<an standard enforcement procedures. The property is Iocatccl in the City'S iaSt Side in it resideitial r.ont:. The 131.1ildiMg haS hecumc a harard to the .Safety of the public by reason of being vacant or unoccupied and by reason of dilapidation. Discussion The Building doCS not comply with the .dint John Unsightly Premi.vc v and Uangernu_v Buildings and Struc•nu•es BY -lute. By-law Number M-30, and amendments Ihereo (the Unsightly Premise Conditions Subsection h( 1) of the By-law slates: No pesos Shall permit premises owned or occupied by him or her to he unsightly by pe•milting, to remain on any part of Such premises. a) any ashes,_µrnk, ruhhiSh or rcfusc, h) an accumulation of wood Shavings, paper. Sawdust or otlzcr residue of production Orconsu-uction, c) it derelict vehicle, eluipnxnt, machinery or the body of any part of it vchicic cyuipmcnl or machinery, or d) a dilapidated huildhl" The exterior ol' the Building, iS dilapidatel. "There are nrtdliplc hrokcn windows Moulin the Building with loose 111asS remaining in the frame and lying on the "round. The Side dour, rear doe'S and windows throughout the 13ui1ding were boardl:(l Willi plywood to prevent wlwanlcd eilry. A few of the plywood hoardS are deteriorated and in poor condition due Io continued exposure to [lie elements. 'I'hc Slairrase at the front of 111C Building, is unsighlly and unSctle aS it has missing, rotten, and hroken step~, "1'11e wood handrailS o❑ the li•ont Staircase arc rolled and as a result have collapSed. The dilapidated condition of the Building IS unsightly. 2. There IS junk, rubbish ur rclusc located at the rear of the building. "Iltc junk, rubbish or refuse consists of, but iS 1101 limited ut, rotten piICS of wood, it rusty sink, a mattress, broken glass, and vinyl (m), s. Tilesc conditions at the rear ol'thc building err unsightly. Vacant and Unoccupied SUhtiCCtion 612) of the By-law stales: 323 No person shall 11C1-11lit it building or other SU•ucttue owned or OCCullicd by the person to become a hazard to the SACty Of the puhliC by I'C;iun of being varull or UnoCCUpicd. The Building is it hll/.;II°cl to the safely 01 the public bl reason of being vacanl or unoccupied lot - tile Following reasons: BuildingS in a dilapidalacl Condition that arc known to hC vacant Can allract vandalism, arson, and criminal activity. On May Z 1" and .tune 4"' 2022, City Sta1T received complaint~ that people were breaking into the 1uilding licqucnlly. City SLAT inspected the 13Ui1cling alter the complaint and found Someone tr-cSpaSSinO Through the rear of the Building and there was evidence that people were entering the Building. The owner did not SCCUle tilt Building after being leitlueslcd; therefore, City stal'f look aclion to get the BUilding SCcurcd tin the owner a month ai'ter the rcgUCsl by issuing an erllergcncy notice to comply. A week after the Building WUS SMIlyd, City staff checked up on the 11.1ilding and noticed it new broken window and evidence of people trespassing by acceSsint the roof. During the hlspeclioll, it was Blond (hat lher•C was evidenCC of drug use on the fit:sl 11oor as City staff witnessed chug piu-apheI'll alia. The dikil)idatccr Conditions ol'the Building alJect the duality of life of neighboring properlres and ncgalivCly itup;ICIS property VALIC ol'real estate in the area due to rlcgativC perceptions ol' unsafe and dCICrioratin= conditions. Saint John 6ner!'y confirmed than the power has been disconnected since April 2019. ? "There is an increased risk ol'a fire event occurring at the property since it is known that the Building is vacanl. Upon Inspeclion by City staff, there is evidence that people are inhabiting the 11.1ilding and ;I propane lank was found beSide a nGlttresS in it room on the SCCond Storey. TherC was indication that the propane tank was uSCd ;IS a SOUrcc of healing as City SIAT filUnd ashes doled htll'tle(I 1nalCHid hCSide the mattress Ihat will. in the room with the propane tank. The Building is in close proximity to the neighboring buildings at 179 Bayside Drive and 195 Bayside Drive. If a lire Cent wcrc to OCCur al Idle property it COU1d potentially Spread to the neighboring buildings, damaging the properties, and endaogcring the lives of the occupants. 3. 11' firelighter., suspect there may be people inside the Building, it would he reasonable to expect they may he required to enter. The condition of the 131.61ding is not known to firefighters. Which poses it hazard to their safety in the event of it fire. There is it lot ol- debris on the I'loor, causing a tripping hazard for;tny CnurgClICy peru11111C1 Thal may need to enter the Building. 'I 'C appears to he it Significant anuxmt of water inl I-illion in the Building. A Significant amount of water infiltration is known to decrease (he integrity of - (lie building Structure in which is it hazard for any individual entering the Building. Thcrc is it concern tide firelighter safety in the event of a fire. Dilapidated Building Conditions SUbSCCtion 60) of dic fay -law stales: No person shall pCrnlil it building or other StruCltlre owned or OCCUpied by the person to become a hazard to the safety of -the public by reason of dilapidation. The Building is a ha and lu the Safely of the public by re;ISon of dilapidation for the following reasons: I. The interior of the l3uilcding is dilapidated. There is a Significant amount of water infiltration. The Water infiltration has and will continue to accelerate the deterioration of the Building.. The WaICI' tnlllti-Wi011 has C;Itt.Sed the walls to develop black mold, the I'loor:S to %often, and n1t11liple walls to buckle. The I'loor has collapsed in :3 different rooms on the first 17oor. The floor is collapsed in the room at which the buck entrance leads into, and this 324 is a Safely hazard I'or any individual entering Ills Building. The Flour is noticeably weak ill tither areas ofthc Building and presents a Smcty hazard for any individual that were to elver the Building ill these nrrus_ `_'. 'rite entire Building is full of junk nlakillg, it difficult 10 traverse- The front door that is barriCadcd with debris, inhibiting anyone In Cnlcr in case of an cnlugcncy, 1'he'c are missing sections of drywall in the ceiling, and walls in some areas of the Building. The nliSSing SCO1011S ol'ch-yw,tll arc Cxposin,4:' hu'gc openings in the WIIIS duo would aCcClcralc the spread ofit fire, which could put neighboring building, al risk of calClling fire. 3. "There is a door located on the second floor Ihal providCS acCCSS to the roof, and [lie roof looked to he Sit,nilkillllly,lopillg downward and could bent risk of collapsing, in [lie future. There is CvidCncC ul' peuplC accessing the building by gellillo on ill -is part of the roof and CnlCring the Bulldill", 1111'oU° 1 the floor on the Second floor. =4. A significant atllounl of paint waS peeling from the walls throughout the Btlilchllg. `111C painl is peClill" in :I way that inclicales Thal it may he lead paint. If lead paint is present in file Building it 1)1-eSellt% a respir:Ilory Il:tr.ard. 5. In it room on the second Iloor, there was feces present on the floor and on multiple doors. 'trite prCSCncC of ICCCS Cr lk!', :I Ila2ard to individual, in the Building aS it could potenliAIy Spread disease. if animals are present in the Building, they Could present a hazard to individual% I'aluirCd 10 he in 111C Building. b. The exterior or the Building is clilapidaled. The SlaiI-C;asC ICacling to the front door of the Building i% in poor Conditiolt aS there are multiple collapsed Steps and the Wo0(IC❑ ralllllg on this staircase is broken off, TIM—C arc nitlltiplC broken windows around the Building that Still contain glass in the window 1`ranle. `!"here N it collapsed picnic table outside of the Building, Thal looked to he used to get on toll ol'the rool'. There wits debris present on the rear stairs to the second-0o0I- unit. This debris presCnlS a u'Ippmg hazard to anyone who traverse, the Stall:%. Required Remedial Actions The owner must comply with one of the two option% Stated below: Option 1: Remedy the conditions of the Btlilding Through :Ili rCINlir ;Ind rcnlCdial actions as follows: I. 'trite Building 111LI%I he complClely repaired to remedy the above -mentioned hazards to public SalCly WNIC rllCetirlg the rcyuiremevs of the National Buildiu,4 Code ol'Crnrudu (2015) as well as all other applicable by-law,. ?. A detailed plan must be SuhlnitlCd to the Growth and Community Services 1XIMI-talent of the City of Saint John ([he •'lacpartment") for review and approval. The plan Should also includC a SChedulC lot' [he work that iS 10 hC carriccl out. The repaired 13uilding nulxt meet [he Nufional Buildhig Coda of ('rrru del t2015) as well :ts other applicable code". 3. The deailed plan, including schedules and any Cmgincering reports, must he approved by the Department prior to conmmencing repair work. 4. A building pemil nuts[ he obtained any and all applicable work prior to commencing said work from the City of ~:tint John in ordCr 10 Comply Willi the Suini John Building/3t'-lung, By-law Nlllllhel' CP-103 amd anlendmenls thereto (tile --.Suing John Bnildin / rv4a E•")- 325 S. 'I'lic premise must Ile clearCd of all debl'is found Lin the 1)1'01)Crly including, any and Lill rubhish Ihal play be Consi(Icrcd IEWLI'dOLIS or unsightly. Any debris I'ronl the I)I'ClllISC 111LISI be disposed of at an apl)ruvcLl solid wil,ste disposal site, in aCCordanCC with all nppliCahie by-I,IWS, acts and rcgUlalions. DOCUMCIUC(I 1)1'001', Ihat CICarly denlonsuaed an approval solid waste disposal site was used 101- disposal of the dChris must be provided to the Department. The prallisC Inusl Comply will] Lill applicable By-laws, Acls, Codes and Regulations. Option 2: Demolition of the I3uildinc and Cleanup 01' all dChris on the premiu by complying, with all rcmledial actions as follows: I. The Building nlnisl be dCntolished to remove [Ile hazard to the salcly of the public by reason Ofdilapidation and by reason OI•unsOUndncss OI'struclural su'cngth, 2. A LICnlolition permlil nnlst be ohlaimed it -oil) the Cily o1 Saint John in order to comply with the saint ✓nllfl Buil( ing By-hilr. 3. The prenlisC must he Cleared ol' the debris Irons the &11161ilioll and the lot must he reasonably level with gradC SO as to not Crcatc a tripping or falling hazard. All debris must he disposed of at an approved solid waste disposal site, and in accordance will) .III applicable By-Iaws. Acts and Regulations. 4. All debris that is Currently on the prClnlsC nTtIsl be I-Cnloved and disposed of al an approval solid waste disposal site, .md in accordance with all applicable By-laws, Acts and Regulation~. DOCLImented proof, that clearly (lenulnswalcs Lill approval solid waste disposal site was used for the disposal 01•(Ichris, Iuust he prOvidal Io the Department. 5. The properly must he in Compliance will) all applicable By-laws. Acts and RCgulalions. Prepared by; •1 r r Dawson Milchell, EIT 1'echnical Services 01'I'icer Growth and Community Services Reviewed and concurred in by: Pamela Bentley, P,Gng, Standards Officer Growth and COMIDUllity SCI-VICCS This is Exhibit /4 Referred to in the Affidavit of Sworn before me at the City of Saint John, New r swick ths day of 2 C missioner of Oaths (late Dale 326 Schedule "B" FORM 1 NOTICE OF APPEAL File No.: BETWEEN: Appellant(s), -and - THE CITY OF SAINT JOHN, Respondent. Parcel Identifier: PID # Parcel Address: Annexe « B o FORMULE 1 AVIS WAPPEL N° du dossier: ENTRE: Appelant(s), -et- THE CITY OF SAINT JOHN, Intimee. Numero d'identification de la parceIle : # NID Adresse de In parceIle : Owner(s) or Occupier(s): Proprietaire(s) ou occupanUs) Name: Nom : Address: Adresse : Telephone: Telephone: Name: Nom : Address: Adresse : Telephone: _ Telephone: The above named appellant(s) is (are) not satisfied L'appelant ou les appetants susnomme(s) n'accepte(nt) with the terms and conditions set out in: pas les modalites ou les conditions qui sont enonces dans : (a) a Notice that was given under section 7 of the (a) un Avis qui a dte donne en vertu de Particle 7 de Saint John Unsightly Premises and Dangerous l'Arrete relatif aux lieux inesthdliques et aux Buildings and Structures By -Law; or hatiments et constructions dangereux duns The City of Saint John; ou (b) an Order that was issued under section 25 of the (b) une ORDONNANCE qui a ete emise en vertu de Saint John Minimum Property Standards By- Particle 25 de I'Arrele concernani les normes Law; minimales rdgissani les residences de Saint John and therefore appeals to the Saint John Substandard et fait ainsi appet devant le C'omi►d des appels sur les Properties Appeal Committee. residences non conformes aux normes de Saint John. The appellant's grounds for this appeal are as follows Les motifs d'appel de I'appelant(s) dans le present (set out the grounds clearly but briefly): appel sont les suivants (Moncer les motifs de fayon 327 -2- Dated at 20 Signature of owner or occupier the claire et concise) : day of Fait a 20 Signature du proprietaire ou de l'occupant le The appeilant(s) intends to proceed in the English [ ] L'appelant a ou les appelants ont ('intention d'utiliser la or French [ ] language (Please check the appropriate langue francaise [ ] ou and [ ] (Yeuillez cocker la box). case approprie). Please forward your Notice of Appeal by registered mail to the City Clerk within fourteen (14) days after having been given the Notice or Order at the following address: City Clerk's Office 15 Market Square, City Hall Building, 2"d Floor P. O. Box 1971 Saint John, New Brunswick E2L 4L1 Telephone: 506-658-2 862 Facsimile: 506-674-4214 Notes: 1. A Notice or Order that is not appealed within fourteen (14) days after having been given or issued shall be deemed to be confirmed. 2. On an appeal, the Saint John Substandard Properties Appeal Committee shall hold a hearing into the matter at which the owner(s) or occupier(s) bringing the appeal has (have) a right to be heard and may be represented by counsel. 3. On an appeal, the Saint John Substandard Properties Appeal Committee may confirm, modify or rescind the Notice or Order, or extend the time for complying with the Notice or Order. 4. The Saint John Substandard Properties Appeal Committee shall provide a copy of its decision to the owner(s) or occupier(s) of the premises, building or structure who brought the appeal within fourteen (14) days after making its decision. Veuillez faire parvenir votre :IYLs D'APPEL par courrier recommande au grefifter municipal dons les qualorze (14) jours qui suivent la notification de 1:4e11S ou de 1 'ORDONNANCE it 1 'adresse sui vante : Bureau du greffier municipal 15 Market Square, Edifice de Ph6tel de ville, 2' etage Case postale 1971 Saint John (Nouveau -Brunswick) E2L 4L1 Telephone: 506-658-2862 Facsimile : 506-674-4214 Notes : I. Un AVIS ou une ORDONNANCE dont it West pas interjete appel dans les qualorze (14) jours qui suivent la notification de I'AVIS ou ('emission de I'ORDONNANCE est r6pW confirme. 2. Loss d'un appel, le Comite des appels sur les residences non conformes aux normes de Saint John doit tenir, sur le point en litige, une audience au cours de laquelle le(s) proprietaire(s) ou l'occupant ou les occupants qui interjette(nt) appel a (on() le droit d'etre entendu(s) et peut (peuvent) se faire representer par un avocat. 3. Lors d'un appel, le Comite des appels sur les residences non conformes aux normes de Saint John peut confirmer, modifier ou annuler I'AVIS ou I'ORDONNANCE ou proroger le delai pour s'y conformer. 4. Le Comite des appels .sur les residences non conformes aux normes de Saint John doit fournir une copie de sa decision au(x) proprietaire(s) ou a ('occupant ou aux occupants des lieux, du batiment ou de la construction qui lui a (ont) interjete appel dans les quatorze (14) jours suivant la date a laquelle it a rendu 328 -3- 5. The owner(s) or occupier(s) who is provided with a copy of a decision from the Saint John Substandard Properties Appeal Committee regarding a Notice, may appeal the decision to a judge of The Court of Queen's Bench of New Brunswick within fourteen (14) days after the copy of the decision was provided to the owner(s) or occupier(s) on the grounds that (a) the procedure required to be followed by the by-law was not followed, or (b) the decision is unreasonable. sa decision. 5. Le(s) propridtaire(s) ou ['occupant ou les occupants A qui une copie d'une decision a ete foumie par le Comiti des appels sup les residences non conrormes aux normes de Saint John coneernanl un Avis peut (peuvent), dans les qualorze (14) jours qui suivent, interjeter appel de la decision devant un juge de la Cour du Banc de la Reine du Nouveau -Brunswick au motif que (a) la demarche a suivre en vertu de Farr&& n'a pas ete suivie, ou (b) la decision est ddraisonnable. This is Exhibit Referred to In the Affidavit of Sxf"«' ` Sworn before me at the City of Saint. ohn, New Brunswick Zp2' th day of �rc '.1`�'e _ 2d2 Commissioner of Oaths 329 CANADA PROVINCE OF NEW BRUNSWICK COUNTY OF SAINT JOHN CITY OF SAINT JOHN IN THE MATTER OF THE BUILDING THAT IS LOCATED AT al uI^L,' ;�� , Saint John, N.B. (PID number �I ` AFFIDAVIT OF SERVICE I,4j i +£ t( —, of the City of Saint John in the County of Saint John and the Province of New Brunswick MAKE OATH AND SAY AS FOLLOWS: I am employed by the City of Saint John in its Growth and Community Services Department. I have personal knowledge of the matters herein deposed where otherwise stated. fk 2. On the !iI� day of }�04g'Aes 2022 at approximately 5 I posted the following documents: • Notice of Common Council Letter, attached hereto as Exhibit "A" to the building at __. A1 y5 _QC- 0%"Je- , Saint John, N.B. Sworn To me at the City of Saint John, N.B. on e . Z-5 day of 2022 faoc'A �/ - 611'V PAMELA M H BENTLEY COMMISSIONIR OF OATHS MY COMMISSION 6XPIRS9 ICI; 09MSINt 600, 8998 flso^ AMQk [tide] Permitting & Inspection / Service des inspections et de I'application By-law Enforcement / Service d'Application des Arretes Municipaux Phone / Tel : (506) 658-291 I Fax / Telec : (506) 632-6199 Novenlher 28, 2022 Florence & Jacob Dearin 9 Hardoate Crescent Brampton, ON DA 3V5 This is Exhibit "A" IR ,` t# to in the Alm of Sworn before me st the City of ck Saint John, New' r 174Z� I 2D2 2 Commie K Of 0� NOTICE OF COMMON COUNCIL, HEARING Dear Sir/Madalll: PAMELAM H BCOMMISSIONEROF O LEY TS Re: l ii 1 Bayside DrER ive, PID #00343715 My COMMISSION EXPIRES Dangerous find Vacant Buildirl�" Pro11rani OECEM$ER31G, �3S On October'.?, 2022, a Notice to Coniply wltti iNSUCd for the i,hove-incntioned property which rcyuircd remedial action to bring the huilding and premises into; compliance with the ,Sallu John VlIA,01111. Preluises (lilt/ /)unmeant.% Bull(lhig.% and Striwture.v BY-hnv. The Notice to Comply was posted on said property on October 7. 2022. The fourteen (14) days apllelil pC1'1Od haS eXpired. A compliant( illspcction will he Carried Oul oil December 5, 2022. I! the property is not in cotllpliatice with the aforesaid By-law at the time 01' the inspection, City Staff will he attending the CO111n1011 COLInCil Illeetscheduled on Decenlher 12, 2022. at 6:00pn1 to recornnlend That the builcling he demolished heclILINC it has become a hazard to the safety Of the public by reaulrl Of dilLipidatinn or by reasO1l of unsoundnetiti Of structural Stren`,th. Please be advised that at this ineetin4�, YOU can present evidence thcit the bUildlll" is not dilapidated or structurally t111tiound: lulwevcr. note that till~ nleettllg will be your only opportunity to cto so. If you have any dticstions, don't 11Csilate to Contact tile at (506) 639 2625. Regards, r' f + 1 Bcnn Purinton. EIT Technical Services Officer Growth & Conlnlunity Services SAINT IOHN 331 r r . i z O m 4-J 1 �' shy- -•^ R 4'' Ali :� _ . ZT , t° , ---�' --M— - now AO44 V, J w I's I Ow -Iqk� OorAF A-.74� r W fft elk ob W, � Al" M, 0 4-J 0 O > 0 72 00 r-i V 0 K*7 13 Ln 4- f'tl C > C C) (1) _0 00 Al- � tYd�p 0 r-i 0 4-J 0 'oe rt". _t. A r { `3 f r 1F-r, , `j H I GROWTH COMMITTEE REPORT M&C No. 2022-384 Report Date December 08, 2022 Meeting Date December 12, 2022 Service Area Growth and Community Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT: Rapid Housing Initiative (RHI) AUTHORIZATION Primary Author Commissioner City Manager Chair of Growth Committee Jennifer Kirchner Jacqueline Hamilton Brent McGovern Councillor Joanna Killian RECOMMENDATION Growth Committee Recommends that Common Council direct staff to submit a coordinated municipal led application, in partnership with our non-profit development community for the CMHC Rapid Housing Initiative Grant program; And that $25,000 be allocated from the Affordable Action Housing Reserve to support the hiring of a consultant to prepare the City's application. REPORT The Rapid Housing Initiative (RHI) is a funding program for the construction of affordable housing projects led by Canada Mortgage Housing Corporation (CMHC). The RHI is open to Municipal Governments and Non -Profit Organizations for new construction and conversion/rehabilitation projects that will establish new affordable housing units for a minimum of 20 years. The City of Saint John is able to form a partnership with Non -Profit Organizations who have projects that meet the RHI Eligibility Criteria. The City would submit an application for the RHI on behalf of these Organizations, which will enable the selected local projects. The benefit of this approach is primarily reduced application requirements. Non -Profit Organizations will be required to submit eligible projects for assessment and selection for inclusion in the City led application. Those projects that are not selected, will be encouraged to apply independently for the grant program. Staff is recommending the hiring of a Consultant to prepare the 19M191 -2- application package for submission. The Consultant will be selected based on their track record of successful CMHC grant applications. At the December 6, 2022 meeting of the Growth Committee, the proposed approach for a City lead application which is supported through the hiring of an experienced consultant was recommended to Common Council for approval. PREVIOUS RESOLUTION On October 3, 2022, Common Council adopted the Affordable Housing Action Plan. STRATEGIC ALIGNMENT Common Council has established five priorities for their 2021-2026 term. Affordable Housing aligns with the following Council Priorities. Grow: • Population Growth o Grow our population at a rate of 2% annually by the end of Council's term. Belong: • Livable Neighbourhoods o Facilitate a mix of affordable housing in all of our neighbourhoods. SERVICEAND FINANCIAL OUTCOMES Due to the deadline of the program, staff believe that a consolidated application will need to be submitted by the end of January 2023. Staff believe that due to the technical requirements of the application, and the amount of work required to obtain necessary information from our non-profit development community to submit a successful application, that additional temporary resources are needed to ensure that the City can meet this timeline Staff are recommending the engagement of an expert consultant, for an amount not to exceed $25,000 + HST, to assist with this submission to CMHC. Staff recommend the funding for the consultant be taken from the Affordable Action Housing Reserve. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Staff have started meeting with the non-profit development community, and they have expressed interest in partnering with the city on a consolidated application. The Resolution was developed with the input of Finance, Utilities and Infrastructure, Growth and Community Services, and the City Manager's Office. KMElI -3- The proposed approach received support from the Growth Committee at the December 6, 2022 meeting. ATTACHMENTS 1. Rapid Housing Initiative (RHI) Discussion KMlei pC O N (3) N •- V 4-J E L • 4-j O N = 4-j V 4� •— O c6 � DC i goo: ION am an IN Mi Nil s v O O � CC U v z W -Z3 v v � E Q O N O cn N - U O .OQ O 00-0 0' If M N v a a) N O O <".�jO M N O vN O v, 0 Ln � N ca N N O N O� i � � �." i u 0 C 0 5 N a v O •N ; U iA +� O ate-+ L!) O O J> E E N DC 0 1 W Y C \y C L N O n � O O L:i y: i j E3 B 0 8 ® ® m c O � m U O N O N O O U U .� O O +- U O O O a- + O N .N >—QL.+ Q � O U E H Ou m Q U cv ca m cn ca co M O 0 O ONO o `a 9 •� }' O O � cn O 0 0 N O �p •� m vi O N 0 O O O D � •a) r-I vi w a) M Q. " 4— > N Q _ i N O a, a, U Q cu i U C: Ln L f6 O O O� ca p •— -r N cn ) ooO +j p_ V +C: N +J OU_+ cu -ra) p O abD a) c C: O cn N If /- > E a) � r14N O �_ �_Ln 'U•� U O Otw N Q�a� E o -a0 a� E •E E 0 co 3 o �, N m o +r U m M .Q Q 3 +_�+ = W u 0 CL o U d M i i .Q .� .� 3 L- .a Q a W �Ws � a W N L C6 F� OVi O �V O - L O O 0- O 0-G� CL m O r. O O O O m O +� o +� CLCL O CL D 'i D v� � a T • O Ln L (3) L O � N �O o E O O C R:I- .— O a-J O }' U � .O `� N 'o r. � O 'i b�A U N N s O ,o � }�-, i O (AQ- G� D i = Q a- =3 O z o o c� U L O CL z - •A i N U Q U ._ aA W iA LL W CC . 'o CL O CL Ln O E 00 T.w r01 'o CL 0 CL Ln O E M 00 Tiw 0 LO M c O w 4--j O a. O a) 0 % 1 a- J N C6 LL • N 7Ln V � � 4-1 � O O N bD E O E = 0 � O ca 41 -0 4 > .� > O O a) 4- U 'V E o Ln can C) Q _0 '> cn a� coin 4-1 � m "O N 'O O U U ca cn U • 0 • • • LD M O Uz W w 4--j O a. Ln Ln V 0 I Ln W E .=3 0- (3) C: o O +�-+ C6 � _V E •Q U Q O m 0 _ U V �O DC • Ln 1 U c_ G � U O � N � O v 0 c > 0 _0 CAA L N N LO M COMMON COUNCIL REPORT M&C No. 2022-379 Report Date December 05, 2022 Meeting Date December 12, 2022 Service Area Strategic Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT: 2022 Reserves AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Craig Lavigne Kevin Fudge John Collin RECOMMENDATION It is recommended that Common Council approve the transfer of funds to and from the following reserves. General Operating Reserves • $1,178,200 from the General Operating Fund to the General Operating Reserve • $367,437 from the General Capital Reserve to General Operating Reserve • $2,580,059 from the General Operating Reserve to the General Operating Fund General Capital Reserves • $4,643,398 from the General Operating Fund to General Capital Reserve • $2,073,852 from the General Capital Reserve to the General Capital Fund • $367,437 from the General Capital Reserve to General Operating Reserve Utility Operating Reserves • $455,178 from the Utility Operating Fund to the Utility Operating Reserve Utility Capital Reserves • $1,438,068 from the Utility Operating Fund to the Utility Potable and Fleet Capital Reserve • $1,005,304 from the Utility Operating Fund to the Utility Industrial Capital Reserve • $472,626 from the Utility Capital Reserve (Fleet) to the Utility Capital KM -2- EXECUTIVE SUMMARY This report was included in on the Finance Committee agenda at it meeting on November 21, 2022. There has been one change for Capital reserves to reflect additional transfer of $49,417 for the additional funds received from the Windup of Discover SJ and $101,136 for additional transfers to fleet reserves. The Reserve Policy was approved by Common Council on December 11, 2017. The purpose of the Reserve Policy is to address longer term funding strategies to minimize debt servicing costs, address the infrastructure deficit, and mitigate the effects of unanticipated events. Permitted uses of reserves according to the Reserve Policy are: 1. Major unanticipated/unforeseen events. 2. Major Capital renewal. 3. Future Liabilities. 4. One-time operating expenses which are greater than $100,000 and are not part of the recurring operating budget. 5. Infrastructure deficit; and 6. Investment in growth opportunities. In addition to the Reserve Policy, the City must comply with the Provincial Reserve Fund Regulation which prescribes that the establishment, funding, and withdrawal of Reserve funds which can only be done through resolutions of Common Council before the end of each calendar year. To comply with the Provincial Legislation, Staff recommend that Common Council approve the recommendation in this report for contribution to and withdrawal from the Reserves. Many of the recommendations have been approved by Council (Exhibit A) and the purpose is to finalize the actuals transfers to and from the various reserves. PREVIOUS RESOLUTION Finance Committee November 21, 2022 - "It is recommended that members of the Finance Committee approved the transfers to and from the following reserves and forward a copy of the report to Common Council for approval. General Operating Reserves • $1,178,200 from the General Operating Fund to the General Operating Reserve • $367,437 from the General Capital Reserve to General Operating Reserve • $2,580,059 from the General Operating Reserve to the General Operating Fund K&M! -3- General Capital Reserves • $4,492,845 from the General Operating Fund to General Capital Reserve • $2,073,852 from the General Capital Reserve to the General Capital Fund • $367,437 from the General Capital Reserve to General Operating Reserve Utility Operating Reserves • $455,178 from the Utility Operating Fund to the Utility Operating Reserve Utility Capital Reserves • $1,438,068 from the Utility Operating Fund to the Utility Potable and Fleet Capital Reserve • $1,005,304 from the Utility Operating Fund to the Utility Industrial Capital Reserve • $472,626 from the Utility Capital Reserve (Fleet) to the Utility Capital Fund" REPORT BACKGROUND The City must comply with the Provincial Reserve Fund Regulation which prescribes that the establishment, funding, and withdrawals of Reserve funds which can only be done through resolutions of Common Council before the end of each calendar year. General Fund The General Operating Reserve balance for the end of 2022 will be $7,212,348. The maximum amountthat can be held in this reserve is regulated bythe Province. Municipalities can have a balance of no more than 5% of previous years' operating budget which would be $7,866,576 for Saint John. General Operating Reserve has funding to mitigate the risks such as ➢ Winter storm mitigation ➢ Benefit fluctuations due to actuarial reviews ➢ Financial Impacts of COVID 19 It should also be noted that the 2022 General Fund Operating budget had $2,367,056 budgeted to be transferred from the General Operating Reserve as K0191 -4- part of the property tax rate reduction and to cover losses on Parking revenue due to ongoing impacts of COVID 19, however it is being recommended only $1,750,000 be transferred out for 2022 due to better than anticipated Parking revenues. Transfers to the operating reserve includes funding of $500,000 from SJ Energy and $131,000 form the Strategic Real Estate Capital Reserve to fund additional expense for the revitalization of Industrial Parks, as well as $236,437 from the Police Fleet reserve to fund vehicle purchases from their operating budget. Transfers out of the operating reserve includes funding for the expenses related to revitalization of Industrial Parks ($131,000), fire service review ($100,000) and COVID funding for the Canada Games Aquatic Centre ($165,222) and all funding was previously approved by Common Council. The Growth and Development reserve includes transfer into the reserve of $378,200 related to 2022 Operating budget for Development Incentives to be paid out later. There is also $300,000 being transferred in to support the Affordable Housing Action Strategy. The transfers out of this reserve includes funding for the SJ Local Immigration Program ($13,500), Memorial Cup Grant ($150,000), Encore Patio Program ($16,400) and the agreement with SJ Sea Dogs ($17,500). These transfers were also approved previously by Common Council. General Capital Reserves which will have a balance of $18,706,542 at the end of 2022. There are no Provincial limits on Capital Reserve balances. The General Capital Reserve has funding for the following. ➢ Fleet Reserves ➢ Information Technology ➢ Capital Replacement ➢ Strategic Real Estate Reserve The 2022 Operating Budget included a transfer of $1,200,000 to the Capital Reserve. There was also $49,417 received from the wind up of Discover SJ and those funds will be transferred to the Strategic Real Estate Reserve to align with a previous Council resolution. Fleet reserves are much higher at the end of 2022 due to the large number of delays in procuring various vehicles and equipment. As the recovery from COVID 19 continues, the lag in fleet purchases will return to normal levels. Fleet transfer out includes $236,437 for Police vehicle purchases which are done from their operating budget. The transfer from the Capital Reserve included funding for the revitalization of Industrial Parks from the Strategic Real Estate Fund ($131,000) and additional funding for the new Solid Waste Model capital projects ($400,000). These transfers were previously approved by Common Council. -5- Utility Fund Utility Operating Reserve has a maximum limit of $2,396,100 and will have a balance of $2,302,636 for 2022. The operating reserves includes funds for ➢ Managing risk of unforeseen impacts to potable revenue or expenditures ➢ Industrial Rate Stabilization The Industrial Rate Study that was implemented in 2020 calls for an estimated six months of revenue to be put into a reserve to mitigate risk on rates for Industrial customers. The transfer of $455,178 into the reserve was part of the 2022 Industrial Raw Water Operating Budget. The Utility Capital Reserve will have a balance of $8,601,226 for 2022 and balance includes reserves for. ➢ Fleet Replacement ➢ Industrial Capital ➢ Potable Capital The Operating budget included the transfers into the fleet, industrial reserves. Staff are bringing a recommendation to the November 21s' Finance Committee to transfer an additional $750,000 from the Utility projected 2022 surplus into the Capital Reserve. Conclusion The City has continued to follow its various financial policies and has been able to build its reserves that were essentially nonexistent a short few years ago. The Operating Budget Policy ensures that non -recurring revenues do not fund ongoing services. The City is able to move forward with the revitalization of Industrial Parks, assisting community events and support like Memorial Cup and Free Patio Program by having reserves for these one-time expenditures. The City has budgeted over $2,300,000 to be transferred into revenues as part of the 2022 operating budget to partially deal with the impacts of COVID, cover the deficit brought into the 2022 Operating budget and the recommendation in to only transfer $1,750,000 for 2022. Capital budget has $1,200,000 transferred in from Reserves for 2022 and the reserve fund strategy will continue to play a key role in mitigating some the major cost increases in capital projects and funding for a future recreation facility. RUN -6- STRATEGIC ALIGNMENT This report aligns with Common Councils approved Reserve Policy. SERVICEAND FINANCIAL OUTCOMES This report aligns with Common Council's previous resolutions, long term financial plan, reserve polices, and approved 2022 budget. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Input has been received from other service areas. ATTACHMENTS Exhibit A— 2022 Reserve Schedule B&I-11 00 O Zt 00 O I- 00 r-I I- 00 O (N .-. IZI- N (.D L) G) .-. 00 lzl- lD r-I ::t O W Vl- m IZI- Q0 00 Vl- o Lr) I- qt o 0 00 v N r-I � O 00 v O N 00 r-I lD I_f) M V r-I 00 O N r-I V N 00 I- M (.D N O N lD Ol '1 G) O N N M lD M G) m I� o0 I- N Ln M r-I r-I N N M O W iE (N W i m m N 0) O 01 O 00 lD l0 I1) O I- r-I cf N N .-. O O L) I- M 3 n 0 r-I M lD r-I 3. N N 00 M 00 N N r- n G M r-I r- O M G r-(.0 O O LA }' lD qt N I- O ++ r-I O M O Ln i I1) G lD I� M (A_ LI) 00 Lf) O 00 `� _ N I1) N a) � 0r0 `� N Izt lD O I- 00 T4 ri N l0 ri (N H H 0) O M L) u) M I- O O r- qt O 00 V r- O lD lD O V 00 r- N r-I E O M N O r- lD N O M M t I- O Q) lD M 11 Ol r-I O I-� M r-I O Lr n T lD I- lD I.A .-. N N lD M lD I\ L m i/} v N Ol r- r- n Co i/} v O 00 O M (.D Lf) �} o0 I- lD r-I r-I N r-I N 00 � Q Q O O N N O � O N }, > L, N v v > s = L ov v v v i > >N v > c Q, �, N i� �� Q cu a + - 6L = a--+ L _N LU V C7 0 u LL u > O E - a C) LO C7 PUBLIC SAFETY COMMITTEE REPORT Report Date November 28, 2022 Meeting Date December 07, 2022 Service Area Public Safety Services Chairperson Hickey and Members of the Public Safety Committee SUBJECT: Public Safety Canada: Building Safer Communities Fund AUTHORIZATION Primary Author Commissioner/ Dept. Head City Manager Chairperson Leah Robichaud Kevin Clifford John Collin David Hickey RECOMMENDATION That the Public Safety Committee Recommends: a) that Common Council provide support to the Building Safer Communities Fund Interim Steering Committee to pursue funding through Public Safety Canada as outlined in the attached report and that b) Common Council direct the City Manager through the Interim Steering Committee to conduct a Request for Proposals as outlined in the Public Safety Committee report dated December 7, 2022. EXECUTIVE SUMMARY On March 16, 2022, the Minister of Public Safety Canada (PSC), the Honourable Marco Mendicino, announced the creation of the Building Safer Communities Fund. The Fund is an initiative to strengthen prevention and intervention of gang and gun violence at the community programming level. The City Manager was notified that the City of Saint John was allocated approximately $980,000 over four years. The PSC Guidelines specify that funding must be used to address prevention or intervention of gun and gang related activity. The funding cannot be used to augment existing programs or supplement funding from other government agencies. PSC requires a comprehensive proposal and budgets for the annual funding allocations. This proposal can be done in two phases with Year One focused on the consultation and development. A proposal for year one (current fiscal) funding and budget was submitted to PSC on November 29, 2022. 191091 -2- PREVIOUS RESOLUTION n/a STRATEGIC ALIGNMENT The Public Safety Canada Building Safer Communities Fund (BSCF) is directly relevant to two of Common Councils' identified priorities. A successful proposal application is consistent with the "PERFORM" priority, specifically as it relates to the outcomes and objectives under Financial Health and leveraging viable opportunities to generate alternate sources of revenue. The Public Safety Canada Building Safer Communities Fund (BSCF) provides municipalities an opportunity to enhance community -based prevention and intervention strategies to tackle gun and gang activities. A successful proposal application is aligned with the Council Priority of "BELONG" as it relates to enhancing the quality of life and social well-being in a safe place to live; offering recreation, arts, and cultural opportunities that align with PlanSJ, Play SJ and other related plans. REPORT Public Safety Canada has available a targeted, time -limited contribution program that will provide up to $250 million to municipalities to develop community -based prevention and intervention strategies to address gun and gang violence. The BSCF has identified key objectives that must be met to qualify for funding and has identified municipalities across Canada that would benefit from this program. Saint John has been allocated an estimated $900 thousand provided an appropriate strategy is developed and implemented which can meet the requirements and objectives of the Fund. The intent is to equip Municipalities with funding to provide prevention and intervention strategies related to gun and gang violence. Eligible activities must support the achievement of the BSCF objectives and must be domestic in scope. These include but are not limited to the following: A. Development of a strategy on gun and gang violence. B. Development or enhancement of data systems to support data gathering/ reporting on gun and gang crime or on results achieved. C. Public awareness and education including outreach with intervention participants and collaboration and integration with related organizations. D. Development and delivery of prevention intervention of gun violence such as mentoring, counselling, and skills development with intervention participants. K1.q -3- E. Recruitment of individuals required for development and delivery of the strategy. Based on the information provided and resources required it was identified that the City did not have the immediate resources to fulfill the requirements of the funding. Through the Public Safety Committee, the City Manager provided direction to prepare a Request for Proposals to engage an outside consultant to assist. An RFP was prepared and completed in August 2022 to secure a consultant to assist with the required workplans, budget and submissions. The successful proponent was Emergency Solutions International (ESI). An initial steering committee has been formed which includes members from Saint John Fire, Saint John Police, Growth and Community Development with project management by ESI. Additional support and guidance has been provided through General Counsel, procurement and the Centre for Criminal Justice Studies at the University of New Brunswick. An early challenge to the program is the ambiguity of the requirements and resources given that the funds have been allocated in reverse from a typical funding arrangement. The interim steering committee is recommending that a Request for Proposals be sought from local non-profit community groups to take a lead on this initiative. The community groups would be given funding to fully develop and implement a strategy and program that aligns with the requirements of the Funding. The successful proponent would be required to sign a service agreement and provide reports to the Public Safety Committee and Steering Committee as requested. Next Steps 1. Post a Request for Proposals with a deadline into January 2023 to allow local non -profits time to develop and prepare a submission for consideration. 2. Assign a dedicated lead for the ongoing administration and oversight of the program for duration of program 3. Determine the members of a Steering Committee and establish its Terms of Reference for the duration of the program. SERVICEAND FINANCIAL OUTCOMES A clear Memorandum of Understanding (MOU) and audit/ accountability structure will be established with successful proponent(s). Required reporting and financial updates will be established that align with the requirements of Public Safety Canada. The estimated funding allocated to the City of Saint John, 4over a four-year period beginning in 2022, is: 191M Period Amount April 012022 to March 31, 2023 $97,299.24 April 012022 to March 31, 2023 $340,547.33 April 012022 to March 31, 2023 $340,547.33 April 012022 to March 31, 2023 $194,598.48 Total $972,992.38 INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Saint John Police Saint John Fire Growth and Community Development Procurement General Counsel ATTACHMENTS COMMON COUNCIL REPORT M&C No. 2022-378 Report Date December 05, 2022 Meeting Date December 12, 2022 Service Area Strategic Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT: 2023 General Fund Operating Budget AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Craig Lavigne Kevin Fudge John Collin RECOMMENDATION RESOLVED: 1. That the sum of $177,287,500 be the total General Operating Budget of the City of Saint John for 2023. 2. That the sum of $142,105,410 be the Warrant of the City of Saint John for 2023. 3. That the tax rate for the City of Saint John be set at $1.62. 4. That the City of Saint John set the property tax rate for Heavy Industrial Class at 1.7 times the residential rate. 5. That the City of Saint John set the property tax rate for Non -Residential Class at 1.7 times the residential rate. 6. That Common Council orders and directs the levying by the Minister of Environment and Local Government of said amount on real property liable to taxation under the Assessment Act with the municipality of Saint John. 7. The Common Council authorizes the Chief Financial Officer to disburse, at a time accepted to him, to the named Commissions, Agencies and Committee, that approved funds as contained tin the 2023 General Operating Budget. 8. That Wage Escalation Police apply to the Management Professional Group. 9. That Common Council approves the 2023 establishment of permanent positions at 590. EXECUTIVE SUMMARY The 2023 General Operating Budget was presented to Common Council at its meeting held on November 28, 2022. The purpose of this report is to recommend Common Council approve the 2023 Operating Budget and attached resolutions. -2- PREVIOUS RESOLUTION M&C 2022-359 — 2023 General Fund Operating Budget —"It is recommended that Common Council reflect upon the proposed 2023 General Fund Operating Budget, make all inquiries to staff and receive and file this report and presentation." REPORT The proposed 2023 General Operating Budget totals $177,287,500, up 7.63% year over year. The budget includes a property tax rate reduction of 9.0 cents, from $1.71 to $1.62 per $100 of assessed value. The budget also incorporates moving the tax ratio for Non -Residential and Heavy Industry classes from 1.5 to 1.7 which aligns with the City's strategy on tax reform. REVENUE Property tax assessment has increased based on a growth rate of 8.76% due a strong residential tax base growth of 12.24%. The growth rate can be split between market adjustments at 7.41% and new construction of 1.35%. The proposed reduction of the tax rate to 1.62 and increasing the property tax differential on Non -Residential and Heavy Industry from 1.5 to 1.7 results in an increase of annual property tax revenue of $10,626,544 or 8.08% over previous year. The annual equalization and unconditional grant saw a reduction of $1,325,687 or This reduction will be partially offset by a onetime Regional Service Grant of $546,630 as the new Regional Services Commission model enters its first year of operation in 2023. Revenue also includes $1,012,000 from Saint John Energy in relation to the benefits derived from the Burchill Wind Farm project, along with $1,753,145 surplus from 2021. Also included is $800,000 from the operating reserve to fund the Community Services Reserve. Own source revenues are budgeted at $15,684,560 which is an increase of $1,455,743 or 10.23% over last yar. This includes a significant increase in accommodation levies over previous year at $1,193,000 as the hotel industry returns to pre -pandemic levels and interest revenue budgeted to be more due to the increase in interest rates. EXPENDITURES Overall expenditures are up year over year by $12,565,642 or 7.68%. Wages and benefits are within wage escalation policy with an increase of $4,690,104 or 5.3% over previous year. Goods and Services are increasing by $3,353,778 or 8.18% and the increase is due to several factors such as inflationary increases in fuel, asphalt, 191061 -3- repairs and maintenance. There is an increase in assessment charge due to an overall increase in the tax assessment and there is funding for professional and contracting services for various initiatives related to strategic plans. The City's grants to Agencies, Boards and Commissions will see an increase of $1,511,938 or 12.18% over previous year. This includes an increase in the Transit subsidy as this service continues to reinvent itself, along with additional costing for the new Regional Service Commission. The increased cost to Envision SJ relates to the increase in accommodation levies expected in 2023 which essentially flows through to Envision, and Unspecified Grants was increased by $50,000 for a total of $234,000 for 2023. Fiscal and other charges have an increase of $3,009,822 or 13.36%. Capital from operating increased by $1,350,000 and aligns with the Long -Term Financial Plan targets. There is an additional increase to the Reserves of $2,710,000 of which a large portion will go to the establishment of funding for future recreation facilities. Council Priorities/Strategic Plan/Service Delivery The 2023 budget addresses multiple elements of the 10-year strategic plan, Council Priorities, and addresses service delivery. The following list are highlights from the various service areas which have one time funding and recurring expenditures. ➢ Reinstatement of cutting grass — additional resources to mow various medians and other areas throughout City ➢ Additional resources to maintain the new public space at Fundy Quay ➢ Professional development funds for Mayor and Council ➢ Budget for Professional Services o Legal work for elements of Strategic Plan 0 10 Year HR Strategy and Employee Performance System o North End Neighborhood Plan o City Market Strategic Plan o Recreation Subsidization Review o Parking Study o Development of Community Energy Action Plan (net zero pathway to 2050) ➢ Additional staffing for Community Services included (2FTE) to support recreation, community development and social inclusion ➢ Additional temporary staffing to support enhanced recreational programming (Playground supervisors, special events and summer programing staffing) ➢ Funding for 5 new Recreation programs (including cost of 2 all -terrain wheelchairs and reinstatement of Passport to Parks) ➢ Significant contribution towards reserves to fund future Recreation facility K11-1.1 -4- ➢ Funding to support Civic Commemoration and Abilities ➢ Affordable Housing — Contact staffing and resources to support implementation of the Affordable Housing Action Plan ➢ Funding for Community Services Reserve ➢ Continued investment in IT Security and infrastructure, Public Safety Records Management Systems ➢ Reinstatement of Passport to Parks ➢ Additional temporary staffingto support City Market Strategic Plan and Night Market ➢ Additional full time resource supporting Traffic Management and Engineering ➢ Employee recognition program ➢ New Internal Audit/Risk Management Position ➢ Additional funds for Transit Services transformation ➢ Funding for Urban Stormwater outfall inspections The investments being made maintain existing service levels but also support the priorities of council, follow various plans, and address social issues and meeting the targets and principles of the long-term financial plan. Aligning with Long Term Financial Plan The budget follows 4 key financial values set out in the long-term financial plan: Don't spend more money than you make — 2023 budget is a structurally balanced budget Borrow Wisely — the budget includes principal and interest charges of $15.7M The city continues to reduce debt and increase pay as you go and is on track with its Debt Management Plan. Save your money for a rainy day — The budget includes approximately $3.9M in capital reserves to address several Council priorities, avoiding new debt and continuing a culture of "save first" versus "spend first". Take control of your expenses before they take control of you — the 2023 operating budget follows the City's wage escalation policy. The City continues to perform as it balances the priorities of Council with the goals and targets of the long-term financial plan. Below arejust some of some of targets being met or exceeded. -5- Debt per Capita Lower is better $1,427 $1,233 $1,175 Debt Service Lower is better 10.5% 8 9% 9 0% Ratio Total Debt asa%of Lower is better 60% 49% 50% Operating Budget Tax Rate Lower is better $1.785 $1.62 $1.57 Tota I People Cost Lower is better 57% 52% N/A (% of total revenue) Managing risk in the 2023 Operating Budget The City has experienced high growth rates in the past two years. It is important to follow financial best practices in good times and in bad. When looking back at the years 2009-2012 the City received tax base growth from 5.23% - 9.08%; yet without having a long-term financial plan (goals, targets, performance measures) the City fell into a structural deficit years later. The proposed 2023 budget follows a balanced risk -based approach which reduces the tax rate to maintain the City's competitive advantage while being mindful of inflationary pressures in the community and achieving objectives in the Strategic Plan. The budget shows responsibility by not increasing the recurring cost of government based on multiyear spikes in assessment largely associated with a market adjustment and premised on new construction. The challenges with tax burden faced by citizens, along with increases in other costs outside inflationary pressures was not lost when preparing this budget which is a large reason for the decrease in property tax rate. Eci1.1:3 -6- Saint John Tax Base Increase 10.00% 9.08% 8.76% 8.00% STRUCTURAL DEFICIT 6.00% 6.42% 6.24% 5.23% 4.00% 4.01% 3.26% 1.53% 0 1.86% 2 00/ 0.59/ 83 0 0.00% 0 /0 0.39% 1.05% 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 -2.00% -0.48% —Tax Base Increase CONCLUSION In conclusion, the proposed 2023 General Fund Operating Budget enhances critical services for the community while meeting the objectives in the City's long term financial plan. This budget advances the City's strategic financial objectives to increase flexibility, reduce vulnerability, and is sustainable. The budget also balances the financial objectives of the long-term plan while balancing the priorities of Council along with the recently adopted 10-year strategic plan. STRATEGIC ALIGNMENT The proposed 2023 draft General Fund Operating Budget is aligned with Councils' priorities, the 10-year Strategic Plan, the City's financial policies and plans, and strategic operational plans. SERVICEAND FINANCIAL OUTCOMES See enclosed 2023 General Fund Operating Budget INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The budget was established in collaboration with the City's Finance team, all Service Areas, Members of Finance Committee and Common Council. KZ:3%7 -7- ATTACHMENTS 1. Appendix A — 2023 Operating Fund Operating Budget 2. Appendix B — 2023 Operating Budget Presentation 3. Appendix C — M&C 2022-359 — 2023 General Fund Operating Budget Report ICY*( The City of Saint John 2023 General Fund Operating Budget—�" 2023 2022 Budget Budget Revenues Property Taxes 142,105,410 131,478,866 PILT Adjustment 64,323 - Equalization & Unconditional Grant 15,321,432 16,647,119 Regional Services Grant 546,630 - Surplus 2nd Year Previous Year 1,753,145 - Transfer from Operating Reserves 800,000 2,367,056 Growth & Community Services 4,327,812 2,749,714 Public Works & Transportation Services 5,599,798 5,656,780 Public Safety Services 1,976,432 2,105,169 Utilities & Infrastructure Services 317,000 332,039 Strategic Services 3,178,518 3,100,115 Corporate Services 285,000 285,000 Saint John Energy Benefits 1,012,000 - Total Revenues 177,287,500 164,721,858 Expenditures Growth & Community Services 18,580,739 16,291,320 Public Works & Transportation Services 41,715,344 39,445,202 Public Safety Services 59,633,669 56,204,643 Utilities & Infrastructure Services 6,994,893 6,623,401 Strategic Services 7,917,074 7,286,166 Corporate Services 7,443,379 7,092,813 Other Charges 35,002,402 31,778,313 Total Expenditures 177,287,500 164,721,858 Surplus (Deficit) - - 371 City of Saint John by Service 2023 General Fund Operating Budget Growth & Community Services Salaries Goods & Services TOTAL Public Works & Transportation Services Salaries Goods & Services TOTAL Public Safety Services Salaries Goods & Services TOTAL Utilities & Infrastructure Services Salaries Goods & Services TOTAL Strategic Services Salaries Goods & Services TOTAL Corporate Services Salaries Goods & Services TOTAL Other Charges Goods & Services 2023 2022 Budget Budget 5,332,525 5,099,241 13,248,214 11,192,079 18,580,739 16,291,320 16, 645, 616 25,069,728 15, 514, 645 23,930,558 41,715,344 39,445,203 48,826,474 46,230,825 10,807,194 9,973,818 59,633,668 56,204,643 3,575,653 3,419,240 3,392,655 3,230,746 6,994,893 6,623,401 4,003,562 3,831,341 3,913,512 3,454,825 7,917,074 5,266,536 2,176,843 7,443,379 7,286,166 5,105,822 1,986,991 7,092,813 35,002,402 31,778,313 35,002,402 31,778,313 TOTAL EXPENDITURES 177,287,500 164,721,859 372 The City of Saint John 2023 General Fund Operating Budget 2023 2022 Budget Budget Revenues Property Taxes 142,105,410 131,478,866 PILT Adjustment 64,323 - Equalization & Unconditional Grant 15,321,432 16,647,119 Regional Services Grant 546,630 - Surplus 2nd Year Previous Year 1,753,145 - Transfer from Operating Reserves 800,000 2,367,056 Growth & Community Services 4,327,812 2,749,714 Public Works & Transportation Services 5,599,798 5,656,780 Public Safety Services 1,976,432 2,105,169 Utilities & Infrastructure Services 317,000 332,039 Strategic Services 3,178,518 3,100,115 Corporate Services 285,000 285,000 Saint John Energy Benefits 1,012,000 - Total Revenues 177,287,500 164,721,858 Expenditures Growth & Community Services Growth & Community Planning Services 1,791,586 1,695,676 Development Services 220,600 102,884 Development Engineering 350,328 346,667 Community Development 608,695 388,623 Animal Control 109,250 91,244 Dangerous and Vacant Building Program 374,428 547,385 Minimum Property Standards 375,506 310,229 Heritage Conservation Service 203,654 195,842 Cultural Affairs 129,827 126,289 Other By -Laws 356,103 429,822 Permitting & Inspection Services 1,181,614 1,027,434 Regional Economic Development Agency 3,093,000 2,175,000 Market Square 2,250,000 2,250,000 Saint John Trade & Convention Centre 390,186 262,615 Imperial Theatre 295,714 330,444 Saint John Aquatic Centre 521,281 451,198 Saint John Arts Centre 178,408 191,673 TD Station 478,246 590,777 Library 487,597 473,001 City Market 1,144,015 1,075,756 373 The City of Saint John 2023 General Fund Operating Budget 2023 Budget 2022 Budget Growth & Community Services (Continued) Arts & Culture Board 70,000 70,000 Public Art Maintenance & Repair 16,000 16,000 Remembrance Day 1,500 1,500 New Year/Canada Day Celebrations 40,000 15,000 PRO Kids 109,693 235,526 Succeed & Stay 92,785 171,758 Local Immigration Partnership 86,424 124,153 Carleton Community Center 190,700 182,700 Loch Lomond Community Center 45,000 45,000 North End Community Center 174,876 166,876 Recreation Programming 666,282 564,327 Neighbourhood Development 170,000 152,000 YMCA - Contracted Services 157,560 149,560 Boys and Girls Club - Contracted Services 145,887 137,887 Unspecified Grants 234,000 184,000 Affordable Housing Strategy 105,719 300,000 Lifeguards 195,500 181,000 Play SJ 45,000 15,000 Lord Beaverbrook Rink 167,392 166,474 Building Incentive Reserve 350,000 350,000 Regional Services Commission 176,383 - Community Services Reserve 800,000 - Total Growth & Community Development Services 18,580,739 16,291,320 Public Safety Services Fire Rescue and Suppression Service 23,591,356 22,749,472 Fire Training 1,319 - Technical Rescue Response 46,925 46,065 Hazardous Materials 69,984 67,188 Fire Prevention 908,059 850,077 Fire Investigation 66,123 58,578 Emergency Management Services 360,216 341,536 Water Supply and Hydrants 2,500,000 2,500,001 Public Safety Communications Centre 2,894,857 2,789,423 Street Lighting 1,060,000 958,800 Police Administration 1,987,488 1,835,003 Criminal Investigations 4,623,244 4,398,533 Police Commission 116,350 112,050 374 The City of Saint John 2023 General Fund Operating Budget 'fir 2023 2022 Budget Budget Public Safety Services (continued) Automotive Equipment 1,106,149 1,023,518 Support Services 1,812,844 2,224,375 Detention 179,975 176,575 Police Operations 17,342,680 15,136,000 Stations and Buildings 966,100 937,450 Total Public Safety Services 59,633,669 56,204,643 Public Works & Transportation Services Snow Control Streets 5,601,737 5,177,279 Street Cleaning 1,605,543 1,520,026 Utility Cuts 919,782 710,263 Street Services - Surface Maintenance 7,448,639 7,722,859 Snow Control Sidewalk 1,034,591 921,437 Sidewalk Maintenance 712,014 459,829 Pedestrian & Traffic Management Service 2,343,221 1,982,463 Solid Waste Management 3,830,567 3,674,381 Regional Services Commission - 28,657 Landscape - Parks & Open Spaces 2,095,731 1,883,049 Rockwood Park 405,699 376,336 Urban Forestry 336,497 282,576 Saint John Horticultural Association 50,000 40,000 Arena Operation & Maintenance 1,375,297 1,319,299 Sportsfield Operation & Maintenance 1,228,942 1,159,089 Other Facilities Operation & Maintenance 548,513 396,901 Transit Debt 1,746,105 1,824,485 Transit Subsidy 5,630,640 5,273,690 Fleet Stockroom 354,448 282,982 Stormwater Rural 1,844,465 1,958,602 Parking Administration 942,723 760,182 Peel Plaza Parking Garage 389,616 297,216 Market Square Parking Garage 115,881 132,914 Off Street Parking 1,154,693 1,260,687 Total Public Works & Transportation Services 41,715,344 39,445,202 375 The City of Saint John 2023 General Fund Operating Budget Utilities & Infrastructure Services Engineering 1,252,328 1,191,095 Carpenter Shop 371,482 325,622 Facilities Management 1,579,996 1,545,173 City Hall Building 1,014,205 1,014,587 GIS 413,258 426,585 Stockroom 246,122 248,134 Stormwater Urban 2,117,502 1,872,205 Total Utilities & Infrastructure Services 6,994,893 6,623,401 Strategic Services Finance 1,250,757 1,172,280 Assessment 1,701,756 1,468,310 Supply Chain Management 449,075 428,124 Information Technology 3,511,071 3,332,935 Corporate Planning 316,055 312,720 Insurance 138,360 121,797 Liability Insurance 550,000 450,000 Total Strategic Services 7,917,074 7,286,166 Corporate Services City Manager's Office 779,271 1,019,922 Mayor's Office 225,837 219,350 Common Council 602,503 524,902 Common Clerk 642,779 607,207 Human Resources 1,942,089 1,853,166 Legal Department 1,136,916 1,030,331 Real Estate 177,086 176,940 Saint John Industrial Parks 170,763 71,371 Barge Terminal 25,000 15,000 Customer Service 999,115 896,456 Corporate Communications 516,634 524,001 External Relations 225,386 154,167 Total Corporate Services 7,443,379 7,092,813 Other Charges Fiscal Charges 15,685,605 15,741,124 Deficit 2nd Previous Year - 991,456 Landfill Closure 300,000 300,000 Special Pension Contributions 9,460,000 9,245,733 Transfer to Capital Reserves 3,771,797 1,200,000 Transfer to Operating Reserves 135,000 - Capital from Operating 5,650,000 4,300,000 Total Other Charges 35,002,402 31,778,313 376 Total Expenditures 177,287,500 164,721,858 Surplus (Deficit) 377 The City of Saint John 2023 Operating Fund Budget by Object 2023 2022 Proposed Budget Approved Budget Revenues Property Taxes 142,105,410 131,478,866 PILT Adjustment 64,323 - Equalization & Unconditional Grant 15,321,432 16,647,119 Regional Services Grant 546,630 - Saint John Energy Benefits 1,012,000 - Surplus 2nd Previous Year 1,753,145 - Permits & Licenses 1,124,754 1,090,804 Rentals & Fees 1,582,979 1,656,139 Inter -fund Charges 1,900,000 1,800,000 Market Square Parking 1,350,000 1,154,000 Meter Violations & Summonses 290,000 225,000 Parking Meters 783,000 938,000 Traffic By -Law 362,300 281,000 Fines 25,000 25,000 Secondments - 200,000 Extra Duties 100,000 100,000 Training 70,000 64,817 Contributions from Others 889,244 856,910 Partnerships 195,000 191,933 Emergency Dispatch 1,240,432 1,213,800 Utility Cuts 860,713 816,000 Interest Income 750,000 500,000 Internal Services 252,000 282,000 Insurance Proceeds 20,000 - Advertising - 15,450 Accommodation Levy 1,193,000 500,000 Other Miscellaneous Revenues 1,082,143 882,569 Saint John Industrial Parks 260,000 260,000 Barge Terminal 25,000 25,000 Peel Plaza Parking Garage 301,500 286,000 Off Street Parking 1,027,495 864,395 Transfer from Operating Reserve 800,000 2,367,056 Total Revenues 177,287,500 164,721,858 Expenditures Salaries & Benefits Salaries 63,701,132 60,539,685 Overtime/Other Personnel Costs 2,844,773 2,466,180 Fringe Benefits 17,104,461 16,168,664 Pension 9,460,000 9,245,733 Total Wages and Benefits 93,110,366 88,420,262 M The City of Saint John 2023 Operating Fund Budget by Object Goods & Services General Services Insurance Professional Services Other Purchased Services Repairs & Maintenance Other Purchased Goods Roads Tipping Fees Property Taxes Assessment Charge Asset Purchases Contracted Services Postage Inter -Fund Charges Telephone Radio Building Incentive/Community Improvement Reserve Fuel Advertising Travel, Conferences & Training Commissionaires Engineering Cleaners & Janitors Solid Waste Collection Licenses & Software Rentals - Buildings, Vehicles & Equipment Asphalt Parts Apparel Fuel Oil & Gas Oil Salt & Sand Electricity Office Supplies Operating & Safety Supplies Water Meals 2023 2022 Draft Budget Approved Budget 522,594 592,372 1,225,768 1,049,906 2,151,320 1,963,765 2,393,527 2,266,152 1,935,225 1,616,539 1,295,930 1,234,636 4,199,850 4,269,115 1,113,050 1,305,000 1,391,324 1,270,477 1,701,756 1,468,310 1,017,048 799,466 1,657,951 1,286,065 97,640 99,365 3,553,508 3,523,001 679,989 703,437 401,080 385,020 1,150,000 350,000 3,332,974 2,939,499 174,575 148,075 856,543 773,174 489,018 385,000 321,000 161,000 243,820 240,620 127,700 117,500 497,210 455,147 5,444,620 5,432,098 1,257,622 889,139 1,412,850 1,377,893 214,692 204,488 306,685 305,818 1,023,073 969,673 685,863 728,320 151,175 168,920 506,942 494,782 167,950 165,470 166,305 154,023 379 The City of Saint John 2023 Operating Fund Budget by Object 2023 2022 Draft Budget Approved Budget Lumber, Paint, Chemicals & Cement 451,644 389,534 Tools & Hardware 102,362 104,182 Memberships 175,829 158,294 Affordable Housing Strategy - 300,000 Receptions 115,268 114,227 44,713,280 41,359,502 Grants - Agencies, Boards & Commissions Grants 756,500 641,500 Transit Commission 7,376,745 7,098,175 Lord Beaverbrook Rink 167,392 166,474 Saint John Free Public Library 487,597 473,001 Regional Services Commission 176,383 28,657 Regional Facilities Commission 1,863,835 1,826,707 Regional Economic Development Agency 3,093,000 2,175,000 13,921,452 12,409,514 Fiscal Charges Interest 2,514,628 2,689,728 Principal Repayment 13,170,977 13,051,396 15, 685, 605 15, 741,124 Other Charges Howes Lake Landfill 300,000 300,000 Capital from Operating 5,650,000 4,300,000 Transfer to Operating Reserves 135,000 - Transfer to Capital Reserves 3,771,797 1,200,000 Deficit 2nd Previous Year - 991,456 9,856,797 6,791,456 Total Expenditures 177,287,500 164,721,858 General Fund Surplus (Deficit) ON 0 z �5 L. 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Appendix C - MC 2022-359 - 2023 General Fund Operating Budget.docx AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Craig Lavigne Kevin Fudge John Collin RECOMMENDATION It is recommended that Common Council reflect upon the proposed 2023 General Fund Operating Budget, make all inquiries to staff and receive and file this report and presentation. EXECUTIVE SUMMARY The proposed 2023 General Operating Budget was presented to the Finance Committee on November 3, 2022 and approved at the meeting of Finance Committee on November 21, 2022. The budget has been produced based on senior staff submissions in accordance with Council's strategic priorities, 10-year Strategic Plan, various City approved master plans as well as on the principles, policies and targets contained in the City's Long Term Financial Plan. The proposed 2023 General Operating Budget totals $177,287,500, up 7.63% year over year. The budget includes a property tax rate reduction of 9.0 cents, from $1.71 to $1.62 per $100 of assessed value. The budget also incorporates moving the property tax ratio for Non -Residential and Heavy Industry classes from 1.5 to 1.7 which aligns with the City's strategy on tax reform. PREVIOUS RESOLUTION Finance Committee Meeting — November 21, 2022 — "It is recommended that the Finance Committee approve the 2023 General Fund Operating Budget and forward to the next meeting of Common Council for receive and file and endorse the following" RESOLVED: Cis -2- 1. That the sum of $177,287,500 be the total Operating Budget of the City of Saint John for 2023. 2. That the sum of $142,105,410 be the Warrant of the City of Saint John for 2023. 3. That the tax rate for the City of Saint John be set at $1.62. 4. That the City of Saint John set the property tax rate for Heavy Industrial Class at 1.7 times the residential rate. 5. That the City of Saint John set the property tax rate for Non -Residential Class at 1.7 times the residential rate. 6. That Wage Escalation Police apply to the Management Professional Group. REPORT The proposed 2023 General Operating Budget totals $177,287,500, up 7.63%year over year. The budget includes a property tax rate reduction of 9.0 cents, from $1.71 to $1.62 per $100 of assessed value. The budget also incorporates moving the tax ratio for Non -Residential and Heavy Industry classes from 1.5 to 1.7 which aligns with the City's strategy on tax reform. REVENUE Property tax assessment has increased based on a growth rate of 8.76% due a strong residential tax base growth of 12.24%. The growth rate can be split between market adjustments at 7.41% and new construction of 1.35%. The proposed reduction of the tax rate to 1.62 and increasing the property tax differential on Non -Residential and Heavy Industry from 1.5 to 1.7 results in an increase of annual property tax revenue of $10,626,544 or 8.08% over previous year. The annual equalization and unconditional grant saw a reduction of $1,325,687 or -7.96%. This reduction will be partially offset by a onetime Regional Service Grant of $546,630 as the new Regional Services Commission model enters its first year of operation in 2023. Revenue also includes $1,012,000 from Saint John Energy in relation to the benefits derived from the Burchill Wind Farm project, along with $1,753,145 surplus from 2021. Also included is $800,000 from the operating reserve to fund the Community Services Reserve. Own source revenues are budgeted at $15,684,560 which is an increase of $1,455,743 or 10.23% over last yar. This includes a significant increase in accommodation levies over previous year at $1,193,000 as the hotel industry returns to pre -pandemic levels and interest revenue budgeted to be more due to the increase in interest rates. EXPENDITURES -3- Overall expenditures are up year over year by $12,565,642 or 7.68%. Wages and benefits are within wage escalation policy with an increase of $4,690,104 or 5.3% over previous year. Goods and Services are increasing by $3,353,778 or 8.18% and the increase is due to several factors such as inflationary increases in fuel, asphalt, repairs and maintenance. There is an increase in assessment charge due to an overall increase in the tax assessment and there is funding for professional and contracting services for various initiatives related to strategic plans. The City's grants to Agencies, Boards and Commissions will see an increase of $1,511,938 or 12.18% over previous year. This includes an increase in the Transit subsidy as this service continues to reinvent itself, along with additional costing for the new Regional Service Commission. The increased cost to Envision SJ relates to the increase in accommodation levies expected in 2023 which essentially flows through to Envision, and Unspecified Grants was increased by $50,000 for a total of $234,000 for 2023. Fiscal and other charges have an increase of $3,009,822 or 13.36%. Capital from operating increased by $1,350,000 and aligns with the Long -Term Financial Plan targets. There is an additional increase to the Reserves of $2,710,000 of which a large portion will go to the establishment of funding for future recreation facilities. Council Priorities/Strategic Plan/Service Delivery The 2023 budget addresses multiple elements of the 10-year strategic plan, Council Priorities, and addresses service delivery. The following list are highlights from the various service areas which have one time funding and recurring expenditures. ➢ Reinstatement of cutting grass — additional resources to mow various medians and other areas throughout City ➢ Additional resources to maintain the new public space at Fundy Quay ➢ Professional development funds for Mayor and Council ➢ Budget for Professional Services o Legal work for elements of Strategic Plan 0 10 Year HR Strategy and Employee Performance System o North End Neighborhood Plan o City Market Strategic Plan o Recreation Subsidization Review o Parking Study o Development of Community Energy Action Plan (net zero pathway to 2050) ➢ Additional staffing for Community Services included (2FTE) to support recreation, community development and social inclusion 111191 -4- ➢ Additional temporary staffing to support enhanced recreational programming (Playground supervisors, special events and summer programing staffing) ➢ Funding for 5 new Recreation programs (including cost of 2 all -terrain wheelchairs and reinstatement of Passport to Parks) ➢ Significant contribution towards reserves to fund future Recreation facility ➢ Funding to support Civic Commemoration and Abilities ➢ Affordable Housing — Contact staffing and resources to support implementation of the Affordable Housing Action Plan ➢ Funding for Community Services Reserve ➢ Continued investment in IT Security and infrastructure, Public Safety Records Management Systems ➢ Reinstatement of Passport to Parks ➢ Additional temporary staffingto support City Market Strategic Plan and Night Market ➢ Additional full time resource supporting Traffic Management and Engineering ➢ Employee recognition program ➢ New Internal Audit/Risk Management Position ➢ Additional funds for Transit Services transformation ➢ Funding for Urban Stormwater outfall inspections The investments being made maintain existing service levels but also support the priorities of council, follow various plans, and address social issues and meeting the targets and principles of the long-term financial plan. Aligning with Long Term Financial Plan The budget follows 4 key financial values set out in the long-term financial plan: Don't spend more money than you make — 2023 budget is a structurally balanced budget Borrow Wisely — the budget includes principal and interest charges of $15.7M The city continues to reduce debt and increase pay as you go and is on track with its Debt Management Plan. Save your money for a rainy day — The budget includes approximately $3.9M in capital reserves to address several Council priorities, avoiding new debt and continuing a culture of "save first" versus "spend first". Take control of your expenses before they take control of you — the 2023 operating budget follows the City's wage escalation policy. HE -5- The City continues to perform as it balances the priorities of Council with the goals and targets of the long-term financial plan. Below are just some of some of targets being met or exceeded. Debt per Capita Lower is better $1,427 $1,233 $1,175 Debt Service Lower is better 10.5% 8.9% 9.0% Ratio Total Debt asa°foof Lower is better 60% 49% 50% Operating Budget Tax Rate Lower is better $1.785 $1.62 $1.57 Tota I People Cost Lower is better 57f° ° 52% N/A (% of teta I revenue) Managing risk in the 2023 Operating Budget The City has experienced high growth rates in the past two years. It is important to follow financial best practices in good times and in bad. When looking back at the years 2009-2012 the City received tax base growth from 5.23% - 9.08%; yet without having a long-term financial plan (goals, targets, performance measures) the City fell into a structural deficit years later. The proposed 2023 budget follows a balanced risk -based approach which reduces the tax rate to maintain the City's competitive advantage while being mindful of inflationary pressures in the community. The budget shows responsibility by not increasing the recurring cost of government based on multiyear spikes in assessment largely associated with a market adjustment and premised on new construction. The challenges with tax burden faced by citizens, along with increases in other costs outside inflationary pressures was not lost when preparing this budget which is a large reason for the decrease in property tax rate. 111N'7 -6- Saint John Tax Base Increase 10.00% 9.08% 8.76% 8.00% STRUCTURAL DEFICIT 6.00% 6.42% 6.24% 5.23% 4.00% 4.01% 3.26% 1.53% 0 1.86% 2 00/ 0.59/ 83 0 0.00% 0 /0 0.39% 1.05% 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 -2.00% -0.48% —Tax Base Increase CONCLUSION In conclusion, the proposed 2023 General Fund Operating Budget enhances critical services for the community while meeting the objectives in the City's long term financial plan. This budget advances the City's strategic financial objectives to increase flexibility, reduce vulnerability, and is sustainable. The budget also balances the financial objectives of the long-term plan while balancing the priorities of Council along with the recently adopted 10-year strategic plan. STRATEGIC ALIGNMENT The proposed 2023 draft General Fund Operating Budget is aligned with Councils' priorities, the 10-year Strategic Plan, the City's financial policies and plans, and strategic operational plans. SERVICEAND FINANCIAL OUTCOMES See enclosed 2023 General Fund Operating Budget INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The budget was established in collaboration with the City's Finance team, all Service Areas, Members of Finance Committee and Common Council. C1i[.1 -7- ATTACHMENTS 1. Appendix A — 2023 Operating Fund Operating Budget 2. Appendix B — 2023 Operating Budget Presentation HIM Saint John MEMORANDUM Community RTS November 28th, 2022 BOARD Mayor Donna Noade Reardon and Members of Council City of Saint John CONSEIL Your Worship and Councilors, D'ADMINISTRATION Re: 2022 Saint John Community Arts Funding Program (Winter) de la communaute de Saint John A regular meeting of the Saint John Community Arts Board's Small Grant Jury was held on Monday November 14th, 2022, to decide the Chair/President Suping Shi 2022 Community Arts Funding (Winter) grant recipients. Vice-Chair/Vice-president The Saint John Community Arts Board Jury approved the grant amounts Laura Oland to be awarded to each organization or group as per the attached list, 2"d Vice -Chair totaling $14,044.00. Such funding will be covered under the 2022 Saint Guylaine Cyr John Community Arts Funding Program, from the budget allocated by Darren McLeod Common Council for the Board's programs. This is the second round of Kara Au small grant funding this year; the spring grant program allocated Mostafa Aboelneil $30,000 to 15 successful applicants, with projects resulting in festivals Councilor Joanna Killen and events that took place over the spring and summer seasons. Councilor Paula Radwan Lea St. John During this round of grants, the board received 12 project and festival Andrea Kikuchi submissions. The approved applications represent our diverse arts and Dahlia Das cultural community and will add to the growth, prosperity, and vibrancy Chris McFarlane Daniel Rito of the city. Wenmei Li The Community Arts Board recommends that Saint John Common Council Arts and Culture receive and file this letter and direct the Commissioner of Finance to Coordinator issue cheques to be distributed to the grant recipients at a forthcoming Kate Wilcott presentation. Address Respectfully Submitted, P.O. Box/C.P. 1971 Saint John, NB/N-B E2L 41_1 x Tel: 658-4455 kate.wilcott@saintiohn.ca Suping Shi Logo based on City Hall Chair sculpture "Progression" by Saint John Community Arts Board Claude Roussel, CM, ONB, RCA Attached: List of Winter grant recipients for 2022 C1F-11 1. Commission de la Bibliotheque Le Cormoran Salon du Uvre de Saint-Jean 2022 $1000.00 The literary activity supported by this grant gives citizens the opportunity to meet Francophone authors and purchase books in French. It is composed of a book sale and author presentations. All but one of the authors are from N.B. and two are local. This event is an opportunity to promote literacy and the French culture in Saint John. 2. Uptown Saint John Uptown Sparkles $3000.00 An annual celebration to kick off the holiday season. The grant will support the arts and cultural animations, including: First Nations Storytellers providing an authentic and engaging experience to help foster an understanding of Indigenous culture through storytelling, Sea Belles of Harmony Inc. providing a cappella chorus concerts, East Coast Carolling meandering the streets singing festive songs in period costume, live displays of ice sculptures in four locations throughout the streets of uptown by ice artists Richard Chiasson and Joel Palmer. 3. Atlantic Canada Palestinian Society of Saint John Dabkeh Band $1544.00 Dabkeh is a traditional dance that Palestinians perform during their festivals and celebrations like weddings, graduation, birth, and many occasions including national holidays. ACPS-SJ will establish a Dabkeh band in Saint John to participate in the city's cultural and community events, thus promoting the diversity and multiculturalism of Saint John. 4. Industrial Parks Collective Creative Spaces Project (Phase 2) $3500.00 Phase 2 of the Creative Spaces project will focus on outreach activities with property owners and developers to find affordable studio spaces and workspaces for arts and culture use in Saint John. These activities will build on the first phase of the project, which identified key areas of need among artists, creative professionals, and arts organizations through surveys and outreach activities. 5. Ampersand Collaborations Perluete the gloaming -la pen ombre-piluamugmiaq $1500.00 This project brings together three generations: community's champions; university students; and priority neighbourhood children, in a unique model of weekly mentorship that engages arts and culture as the connection across differences in identity, including age, race, language, gender, and class. 6. Symphony New Brunswick SJSQ On the Move $3500.00 This project partners SNB, SJSQ and The Lorenzo Society at UNB Saint John to animate cultural activity in the community through a range of performance in various settings, including The Lorenzo Society concert series, cafe concerts, collaborations with authors, UNB Radio, masterclasses with students, workshops, and collaboration with the UNB Saint John Heartbeat Choir. C1i&67 From: City of Saint John, New Brunswick To: Common Clerk Subject: Webform submission from: Request to present to council form Date: November 10, 2022 11.23:30 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@a samtjohn_ca or contact IT Service Desk at 649-6047. * * Submitted on Thu, 11/10/2022 - 11:23 Submitted by: Anonymous Submitted values are: About Person/Group Presenting First Name: Shelby Last Name: Dearing Address: M Time P Number: Email If you do NOT wish to have your personal information, (address, phone number, email) become part of the public record, please check this box, Yes About your Request Topic of Presentation: Canada homes for rent 11K91 Purpose for Presentation (what is the ask of Council): I believe the city needs to start implementing a system to protect its citizens from the pure disregard for safety, health and well being of said people that are living in falling apart, molding, and above all unsafe infrastructures in this city. There needs to be something in place where property management companies need to be held accountable for working with/for slum lords that are not fixing their rentals and ruining this cities reputation. For rental prices for units that are literally falling apart but citizens have no choice but to stick with due to the rising pricing of units and lack of living wages. If a landlord cannot fix or keeps making excuses that they won't fix issues they should legally have to forfeit their agreement to manage said properties. More people will eventually end up homeless because no one wants to pay 1300+ for a place that will literally make them sick or put them in harm's way. There absolutely needs to be more done for citizens or saint John will eventually crumble quite literally from infrastructures not being maintained and falling apart. Eventually there will not be safe places to rent in this city as it's already there and it's just getting worse month by month, year by year. The city needs to help it's citizens. Background Information: I hope this happens eventually and more people are offered safe and healthy environments to live in. CPA From; City of Saint John, New Brunswick To: Common Clerk Subject: Webform submission fran. Submission to Council Form Date: November 22, 2022 7.36:46 PM [ External Email Alert] **Please note that this message is from an external sender. If it appears to be sent from a Saint John employee, please forward the email to spamsample@a samtjohn_ca or contact IT Service Desk at 649-6047. * * Submitted on Tue, 11/22/2022 - 19:36 Submitted by: Anonymous Submitted values are: About Person/Group Submitting First name Rita Last name Pedersen Mailing Address Telephone Email If you do not wish to have your personal information (address, phone number, email) 'become part of the public record, please check this box. Yes About your Submission Topic of submission housing for the homeless CPA Purpose for submission (what is the ask of council): I live on the west side and was wondering what if anything was going to happen to the old school up at the corner of Sandcove rd on the way to the nature park? could it possibly be converted to provide shelter for the homeless in the city for the winter with a look at converting it into affordable apartments in the future. Cy491 EN ISION Saint John November 23, 2022 To: Her Worship Mayor Reardon and Councillors; CC: John Collin, Kevin Fudge and Jaqueline Hamilton; Your Worship, Councillors: The CEO and Board of Directors of Envision Saint John: The Regional Growth Agency acknowledge receipt of the City Manager's email Request for Envision to Provide Information, dated November 15, 2022. We are pleased to share that the Envision Saint John team is preparing a fulsome response to each question. We will outline what we have accomplished in our first two years, what we are currently working to achieve, as well as outcomes yet to be achieved. Having this dedicated time with council will help build open and transparent dialogue about our model, achievements to -date and future growth priorities. As a major contributing stakeholder, we take the City's request seriously. We will need additional time to fully prepare for this important presentation, and respectfully request the opportunity to meet on Monday, December 19, 2022, to present our response. Respectfully, r e' t Al Walker Board Chair Envision Saint John: The Regional Growth Agency Cyzl From: City of Saint John, New Brunswick To: Common Clerk Subject: Webform submission from: Submission to Council Form Date: December 4, 2022 11.45.01 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@a samtjohn_ca or contact IT Service Desk at 649-6047. * * Submitted on Sun, 12/04/2022 - 11:44 Submitted by: Anonymous Submitted values are: About Person/Group Submitting First name Andrew Last name Johnson Mailing Address Telephone Email If you do not wish to have your personal information (address, phone number, email) become part of the public record, please check this box. No About your Submission Topic of submission Clarity of Staffs Reporting to Council Cy49 Purpose for submission (what is the ask of council): To improve the transparency of the process Executive summary Please consider the following; That when changing by-laws it would be useful if the following, was added to assist with communication of intention. That the existing by-law be displayed on the left and the new on the right, and a side by side was conducted, as a means of teaching council the by-law and therefore improve their decision making process by allowing them less room for error. It can also be used to provide general education to the public and saved and queued up for new developers and owners. It's using the process to generate content, and using that content to pay dividends. It's creating a feedback loop that enables improvements, and transparency. If each of the cases and arguments of why and why not for the change could be hyperlinked into the presentation, that would be the dream in understanding transparency. It would also enable longterm thinking, concept and theories considered can be used better to enable if that thinking is currently valid today. Data and good application of that data begets good progress. 11PU CAW M&C No. 2022-385 Report Date December 07, 2022 Meeting Date December 12, 2022 Service Area Corporate Services SUBJECT. Construction Costs EXECUTIVE SUMMARY OF COMMITTEE OF THE WHOLE REPORT FOR OPEN SESSION OF COUNCIL The purpose of this report is to authorize initiation of legal proceedings as outlined and discussed with Committee of the Whole at its meeting held on December 12, 2022. COUNCIL RESOLUTION RESOLVED that The City of Saint John authorize initiation of legal proceedings as outlined and discussed with Committee of the Whole at its meeting held December 12, 2022. 111011