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2023-02-21_Agenda Packet--Dossier de l'ordre du jour�B City of Saint John Common Council Meeting AGENDA Tuesday, February 21, 2023 6:15 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. 1. Call to Order 1.1 Land Acknowledgement 1.2 National Anthem 2. Approval of Minutes 2.1 Minutes of February 6, 2023 3. Approval of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 Proposed Public Hearing Date - 228 Lancaster Avenue (Recommendation in Report) 5.2 Traffic Paint Purchase (Recommendation in Report) 5.3 Building Safer Communities Fund Contribution Agreement with Public Safety Canada (Recommendation in Report) 6. Members Comments 7. Proclamation Pages 6-15 16 - 17 18-21 22 - 54 7.1 Heritage Week - February 20 to February 26, 2023 55 - 55 7.2 Multiple Myeloma Awareness Month - March 2023 56 - 56 8. Delegations / Presentations 8.1 Heritage Awards for 2022 57 - 70 9. Public Hearings - 6:30 p.m. 9.1 Proposed Zoning ByLaw Text Amendment for Converted Accommodation with 71 - 92 Planning Advisory Committee recommendation and Staff Presentation (1st and 2nd Reading) 9.2 Proposed Zoning ByLaw Amendment - 54-58 Broad Street and 57 Broadview 93 - 139 Avenue with Planning Advisory Committee recommendation and Staff Presentation (1 stand 2nd Reading) 9.3 Proposed Zoning ByLaw Amendment - portion of Newport Crescent with 140 - 208 Planning Advisory Committee recommendation and Staff Presentation (1st and 2nd Reading) 10. Consideration of By-laws 10.1 Chief Administrative Officer By-law (1 st and 2nd Reading) 209 - 216 11. Submissions by Council Members 11.1 Options to Support Day Care Development (Councillor Killen and Councillor 217 - 217 Ogden) 12. Business Matters - Municipal Officers 12.1 2023 Initiatives Plan (Deferred from February 6, 2023) 218 - 241 12.2 Council Member's Notice of Motion 242 - 256 13. Committee Reports 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 15.1 Compassionate Grief Centre - Celebration for a Cause Event 257 - 260 (Recommendation: Refer to Clerk to purchase tickets for interested members of Council) 15.2 Breakfast with Federal Minister of Transport Omar Alghabra 261 - 262 (Recommendation: Refer to Clerk to purchase tickets for interested members 2 of Council) 16. Supplemental Agenda 17. Committee of the Whole 17.1 Proposed Sale of Surplus Lands near Taylor 17.2 Third Party Claim re Anna Caldwell v. The Corporation of the City of Saint John, Court File No. SJC-6-2023 17.3 Braydon Road Encroachment by Qebly Resources Inc. 17.4 Creating Affordable Neighbourhoods Fund (CANF) Transfer 17.5 Catalytic Multipurpose Recreational Facility - Professional Fees 17.6 Recommended Appointments to Committees 18. Adjournment 263 - 263 264 - 264 265 - 265 266 - 266 267 - 267 268 - 269 K City of Saint John Common Council Meeting Tuesday, February 21, 2023 Committee of the Whole 1. Call to Order Si vous avez besoin des services en frangais pour une reunion de Conseil communal, veuillez contacter le bureau du greffier communal au 658-2862. Each of the following items, either in whole or in part, is able to be discussed in private pursuant to the provisions of subsection 68(1) of the Local Governance Act and Council / Committee will make a decision(s) in that respect in Open Session: 4:00 p.m., 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 Land Matter 68(1)(d) 1.5 Financial Matter 68(1)(c,f,g) 1.6 Financial Matter 68(1)(c,f) 1.7 Financial Matter 68(1)(c) 1.8 Financial Matter 68(1)(c,d) 1.9 Nominating Committee 68(1)(b) 1.10 Financial Matter 68(1)(c) 1.11 Financial Matter 68(1)(c) 1.12 Legal Matter 68(1)(f) Ville de Saint John Seance du conseil communal Mardi 21 fevrier 2023 18 h 15 2e etage, salle du conseil communal, h6tel de ville. Un moyen de communication electronique sera utilise lors de cette reunion. Le public peut assister a la reunion en personne clans la salle du conseil ou la regarder sur le site Web de la ville (www.saintiohn.ca) ou sur Rogers TV. Comite plenier 1. Ouverture de la seance Si vous souhaitez obtenir des services en frangais pour une seance du conseil communal, veuillez communiquer avec le bureau du greffier communal au 658-2862. Chacun des points suivants, en totalite ou en partie, peut faire I'objet d'une discussion en prive en vertu des dispositions prevues au paragraphe 68(1) de la Loi sur la gouvernance locale. Le conseil/comite prendra une ou des decisions a cet egard au cours de la seance publique : 16 h — Comite plenier a huis clos — Salle de conference du 2e etage. 1.1 Approbation du proces-verbal 68(1) 1.2 Question financiere 68(1)(c) 1.3 Question financiere 68(1)(c) 1.4 Question fonciere 68(1)(d) 1.5 Question financiere 68(1)(c,f,g) 1.6 Question financiere 68(1)(c,f) 1.7 Question financiere 68(1)(c) 1.8 Question financiere 68(1)(c,d) 1.9 Comite des candidatures 68(1)(b) 1.10 Question financiere 68(1)(c) 1.11 Question financiere 68(1)(c) 1.12 Question juridique 68(1)(f) Seance ordinaire 1. Ouverture de la seance 1.1 Reconnaissance du territoire 2 1.2 Hymne national 2. Approbation du proces-verbal 2.1 Proces-verbal du 6 fevrier 2023 3. Adoption de I'ordre du jour 4. Divulgations de conflits d'interets 5. Questions soumises a I'approbation du conseil 5.1. Date proposee pour I'audience publique — 228, avenue Lancaster (Recommendation clans le rapport). 5.2 Achat de peinture pour la circulation (recommendation clans le rapport). 5.3 Accord de contribution au Fonds pour des collectivites plus securitaires avec Securite publique Canada (recommendation clans le rapport). 6. Commentaires presentes par les membres 7. Proclamation 7.1 Semaine du patrimoine — 20 fevrier au 26 fevrier 2023 7.2 Mois de la sensibilisation au myelome multiple — mars 2023 8. Delegations et presentations 8.1 Prix du patrimoine pour 2022 9. Audiences publiques 9.1 Proposition de modification du texte de 1'arrete de zonage pour les logements convertis, selon la recommendation du comite consultatif d'urbanisme et la presentation du personnel (Ire et 2e lecture). 9.2 Proposition de modification de 1'arrete de zonage du 54 au 58, rue Broad et du 57, avenue Broadview, selon la recommendation du comite consultatif d'urbanisme et la presentation du personnel (Ire et 2e lecture). 9.3 Proposition de modification de 1'arrete de zonage — partie de la rue Newport Crescent, selon la recommendation du comite consultatif d'urbanisme et la presentation du personnel (Ire et 2e lecture). 10. Etude des arretes municipaux K 10.1 Reglement du directeur general (1re et 2e lecture) 11. Interventions des membres du conseil 11.1 Possibilites pour soutenir le developpement des services de garde (conseiller Killen et conseiller Ogden). 12. Affaires municipales evoquees par les fonctionnaires municipaux. 12.1 Plan d'initiatives 2023 (reporte du 6 fevrier 2023). 12.2 Avis de motion d'un membre du conseil. 13. Rapports deposes par les comites. 14. Etude des sujets ecartes des questions soumises a I'approbation du Bureau. 15. Correspondance generale 15.1 Compassionate Grief Centre - Celebration for a Cause — Evenement (Recommendation : Demander au greffier d'acheter des billets pour les membres du Conseil interesses) 15.2 Petit-dejeuner avec le ministre federal des Transports Omar Alghabra (Recommendation : Demander au greffier d'acheter des billets pour les membres du Conseil interesses) 16.Ordre du jour supplementaire 17. Comite plenier 17.1 Vente propose e terrains excedentaires pres du lac Taylor 17.2 Mise en cause concernant Anna Caldwell c. The Corporation of the City of Saint John, dossier de la cour no SJC-6-2023 17.3 Empietement de chemin Braydon par Debly Resources Inc. 17.4 Transfert du Fonds pour la creation de quartiers abordables (CANF) 17.5 Installation recreative polyvalente catalytique — Honoraires professionnels 17.6 Nominations recommandees aux comites CI 18. levee de la seance COMMON COUNCIL / CONSEIL COMMUNAL February 6, 2023 / le 6 fevrier 2023 The City of Saint job n MINUTES — REGULAR MEETING COMMON COUNCIL OF THE CITY OF SAINT JOHN FEBRUARY 6, 2023 AT 5:30 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: Chief Administrative Officer (CAO) B. McGovern Director Legal Services Solicitor J. Boucher Chief Financial Officer Commissioner K. Fudge Commissioner Human Resources S. Hossack Fire Chief K. Clifford Commissioner Utilities & Infrastructure Services I. Fogan Commissioner Growth & Community Services J Hamilton Director Public Works & City Traffic Engineer T. O'Reilly Director External Relations L. Caissie Director Legislative Services / City Clerk J. Taylor Administrative Officer R. Evans Deputy Clerk Patricia Anglin Call to Order C.1 COMMON COUNCIL / CONSEIL COMMUNAL February 6, 2023 / le 6 fevrier 2023 1.1 Land Acknowledgement Councillor Harris read aloud the Land Acknowledgement and called for a moment of reflection. "The City of Saint John/Menaquesk is situated is the traditional territory of the Wolastoqiyik/Maliseet.The Wolastoqiyik/Maliseet along with their Indigenous Neighbours, the Mi'Kmaq/Mi'kmaw and Passamaquoddy/Peskotomuhkati signed Peace and Friendship Treaties with the British Crown in the 1700s that protected their rights to lands and resources." 1.2 National Anthem The Saint John Symphony Youth Orchestra performed O Canada by video. 2. Approval of Minutes 2.1 Minutes of January 23. 2023 Moved by Councillor Hickey, seconded by Deputy Mayor MacKenzie RESOLVED that the minutes of January 23, 2023 be approved. MOTION CARRIED. 3. Approval of Agenda Moved by Councillor Radwan, seconded by Deputy Mayor MacKenzie:: RESOLVED that the agenda for February 6, 2023 be approved with the addition of the following items from Committee of the Whole: 17.1 Name Change H&S Meats Inc. — City Market 17.2 2023 Insurance Renewal MOTION CARRIED. 4. Disclosures of Conflict of Interest Councillor Killen declared a conflict with item 17.1. 5. Consent Agenda 5.1 RESOLVED that as recommended in the submitted report M&C 2023-025: Staff Appointment Under the City of Saint John Building By -Law the following resolution be adopted: 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 -lave'), 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; r� COMMON COUNCIL / CONSEIL COMMUNAL February 6, 2023 / le 6 fevrier 2023 NOW THEREFORE BE IT RESOLVED that Christopher McKiel's appointment as Acting Deputy Building Inspector is hereby rescinded; AND BE IT FURTHER RESOLVED that Pamela Bentley's appointment of Deputy Building Inspector is hereby rescinded; AND BE IT FURTHER RESOLVED that Christopher McKiel is hereby appointed as 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. 5.2 RESOLVED that as recommended by the Planning Advisory Committee having met on January 17, 2023, Common Council approve the sale of a City owned parcel, previously vested to the City as Land for Public Purposes (LPP), located at 0 Boyaner Crescent, also identified as PID Number 55193593. 5.3 RESOLVED that as recommended in the submitted report M&C 2023-030: Retention of external consultant for Rapid Housing Initiative application financial due diligence the City enter into the Engagement Letter attached to M&C 2023-30 with Grant Thornton LLP for the purpose of having consultant support on the Rapid Housing Initiative application and that the Mayor and Clerk be authorized to sign the said Engagement Letter and any other documents ancillary thereto. 5.4 RESOLVED that as recommended in the submitted report M&C 2023-026: Environmental Trust Fund Letter of Offer, Re: Step 2 GUD/ Assessment for South Bay Wellfield - 3 wells the City enter into an Environmental Trust Fund Letter of Offer with the Department of Environment and Local Government for the project titled "Step 2 GUDI Assessment" in the form attached to M&C No. 2023-26; and that the Mayor and City Clerk be authorized to execute said Offer and any documents ancillary thereto. 5.5 RESOLVED that as recommended in the submitted report M&C 2023-031: Contract 2022-02: Beach Crescent— Sanitary Lift Station Modifications the contract be awarded to the low tenderer, Fairville Construction Ltd., at negotiated tendered price of $2,762,084.30 (including HST) as calculated based upon estimated quantities, and further that the Mayor and City Clerk be authorized to execute the necessary contract documents. 5.6 RESOLVED that as recommended in the submitted report M&C 2023-029: Rogers Amendment for SIM LTE-M for Saint John Water, the City enter into an Amendment to Master Enterprise Customer Agreement with Rogers Communications Canada Inc. in the form attached to M&C No. 2023-029; and that the Mayor and City Clerk be authorized to execute said Amendment and any documents ancillary thereto. Moved by Deputy Mayor MacKenzie, seconded by Councillor Killen: RESOLVED that the recommendation set out in each consent agenda item respectively be adopted. MOTION CARRIED UNANIMOUSLY 6. Members Comments E:3 COMMON COUNCIL / CONSEIL COMMUNAL February 6, 2023 / le 6 fevrier 2023 Members commented on various local events. 7. Proclamation 8. Delegations/Presentations 9. Public Hearings - 6:30pm 9.1 Proposed Section 59 Amendment — 661 Dever Road Commissioner Hamilton advised that the necessary advertising was completed with regard to the proposed Section 59 Amendment amending the Section 59 conditions imposed on the August 5, 1994, rezoning of the property located at 661 Dever Road, also identified as PID No. 55106819, as amended on January 21, 2004, September 29, 2008, and April 12, 2012 to amend the conditions imposed on the development, including changes to the proposed land uses. Consideration was given to a report from the Planning Advisory Committee with the committee recommending the amendment. The Mayor opened the Public Hearing. The Mayor called for members of the public to speak against the proposed amendment with the following presenting: • Greg Theriault, resident on Princess Street — stating there is a need for daycare. • Andrea LeBlanc, resident in West Side City — stating another pharmacy is not required in the area. • Kenny King, spouse of Ashley King Daycare Business owner and tenant at property location. The Mayor called for members of the public to speak in favour of the proposed amendment with the following presenting: • Jonathon Rasenberg Applicant resident in Quispamsis. The Mayor closed the Public Hearing. Moved by Councillor Sullivan, seconded by Deputy Mayor MacKenzie: RESOLVED that Common Council repeal the Section 39 conditions imposed on the August 5, 1994, rezoning of the property located at 661 Dever Road, also identified as PID Number 55106819 as amended on January 21, 2004, September 9, 2008, and April 23, 2012. MOTION CARRIED Moved by Councillor Sullivan, seconded by Councillor Stewart: RESOLVED 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 1.01 hectares, located at 661 Dever Road also identified as PID Number 55106819: COMMON COUNCIL / CONSEIL COMMUNAL February 6, 2023 / le 6 fevrier 2023 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. b. That a landscaping plan be prepared for the site, for the approval of the Development Officer. c. Exterior elevations of buildings within the development are to have a cohesive design incorporating elements including, but not limited to similar colours, siding materials and door and window proportions and trim. d. The above elevation, landscaping, and site plans be attached to the permit application for the development of the parcel of land. e. That the final design of the site incorporates a sidewalk along the private access to be maintained by the developer providing a connection to the existing sidewalk along Dever Road. f. Access to the property shall be generally as shown on the submitted site plan, with the exact location of the driveway entrance being subject to the approval of Infrastructure Development and the Development Officer, and the existing concrete curb, sidewalk and median landscaping shall be reinstated with dropped curb, sidewalk and grass to match existing conditions where disturbed by the construction of the proposed driveway. g. If any municipal infrastructure improvements are required to service this proposal, it will be the owner/developer's full responsibility and cost to complete. Prior to determining this, 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. h. An engineered stormwater plan and design brief are required to be submitted by the developer to the City for review and approval. That the stormwater management plan submitted for the proposed development must achieve a zero net increase from the site (i.e. limit post -development discharge to the existing pre -development discharge with no increase in stormwater flow directed to the receiving municipal downstream system). i. Notwithstanding the requirements of CG zone and paragraph 11.7(3)(c) of the Zoning By -Law, dwelling units are permitted below the second storey of a building and are permitted to have external entrances. j. That the developer provide a connection to the adjacent sports complex, subject to the approval of the Development Officer. MOTION CARRIED. 9.2 Proposed Zoning By -Law Amendment - 157 Starburst Lane iK COMMON COUNCIL / CONSEIL COMMUNAL February 6, 2023 / le 6 fevrier 2023 Commissioner Hamilton advised the necessary advertising was completed with regard to the Zoning By -Law Amendment for a parcel of land located at 157 Starburst Lane amending Schedule "A", the Zoning Map of The City of Saint John, by rezoning a parcel of land having an area of approximately 862 square metres, located at 157 Starburst Lane, also identified as PID Number 00408021, from One -Unit Residential (R1) to Community Neighbourhood Facility (CFN) to permit a Day Care, with written submissions from the public received. Consideration was given to a report from the Planning Advisory Committee in which the committee recommended approval of the amendment as described above with Section 59 Conditions. Also included in the Agenda Kit is a supplemental report addressing peak hours and parking. Mayor Noade Reardon called the Public Hearing to Order. The Mayor called for members of the public to speak against the proposed amendment with the following presenting: • Vicky Cullinan - Resident on 172 Starburst Lane - Safety concerns for access for emergency vehicles, small size of house for the number of children, location for parking. • Mr. Ken Cossaboom - Resident Starburst Lane - Concern with traffic and safety on the small sized street • Penelope Miller - Resident Starburst Lane - Concern large size of daycare for a small street, parking issues, access for safety vehicles, garbage trucks, children walking, playing in the area, lack of sidewalks, crosswalks. • Gordon White - Resident on Starburst Lane - Concerns with safety, parking, liability for accidents, turning on a dead-end street, fencing. • Pam Jackson - Resident on Starburst Lane - Concerned large vehicles cannot turn around, priority 4 for City plowing. • Norman Boucher, Resident Starburst Lane - Concerns with fencing around the property preventing easy disposal of snow removal on the property. • Matt Ferguson - Resident on Starburst Lane - Concerns with children in the neighbourhood walking to the bus stop. The Mayor called for members of the public to speak in favour of the proposed amendment with the following presenting: • Matthew Armstrong — Resident Birchley Place — City needs day cares spaces; Re parking - 8 car parking spots for clients are provided, 10 parking spots for staff, staggered drop-off times. • Jeremy Doucette - Resident Manawagonish Road - The day care service is needed. • Greg Theriault, Resident Princess Street - Daycare facilities are needed in the City. • Rachelle Armstrong - Resident Birchwood Place presenting in favour. Mayor called a recess at 8:55 p.m. The meeting reconvened at 9:07 p.m. 11 COMMON COUNCIL / CONSEIL COMMUNAL February 6, 2023 / le 6 fevrier 2023 • Kenny King — Is the applicant's spouse and handles the snow plowing, garbage removal. • David McGowan — High prices and waiting list for day care facilities, plowing for day care areas could be considered by City as a safety feature. • Cara Boucher — Safety for kids being dropped can be addressed with the parents and the owner. • Chelsey Bennett — Resident Riverview Drive - Is a parent and staff at daycare. • Andrea LeBlanc - Resident River Hill Drive - Is a parent of a child attending the daycare. • Jessica Barber, Resident Downsview Drive - Is a worker and parent of a child at day care. • Katerina Heatherington — Presented in favour. • Jasmine Hoard - Is a staff and parent of a child attending the daycare. All staff and children are in the daycare facility from 9:30 am— 3:30 pm. • Ashley King - Daycare Business Owner addressed obtaining another property for the parking. The business is open 7:00 a.m. to 6:00 p.m. with staggered drop-off and pick-up times to address traffic. Mayor Noade Reardon closed the Public Hearing. Staff responded to Council Members questions on the application Moved by Councillor Hickey, seconded by Councillor Radwan: RESOLVED that the Procedural By -Law be waived to proceed beyond 10:00 p.m. MOTION CARRIED with Councillor Sullivan voting nay. Moved by Councillor Harris, seconded by Councillor Killen: RESOLVED that the staff recommendation be adopted without the cap on 30 spaces in the daycare facility. MOTION DEFEATED with Councillors Sullivan, Norton, Lowe, Stewart, Ogden, and Deputy Mayor MacKenzie voting nay. Moved by Councillor Hickey, seconded by Councillor Harris: RESOLVED that Common Council give 1 st and 2nd reading to an amendment to the Zoning By-law which rezones a parcel of land having an area of approximately 862 square metres, located at 157 Starburst Lane, also identified as PID Number 00408021, from One -Unit Residential (R1) to Community Neighbourhood Facility (CFN). MOTION DEFEATED with Councillors Norton, Lowe, Stewart, Sullivan, Ogden, and Deputy Mayor MacKenzie voting nay. Moved by Councillor Sullivan, seconded by Councillor Stewart: RESOLVED that the submitted application for Starburst Lane be denied. MOTION CARRIED with Councillors Harris, Hickey, Radwan, and Killen voting nay 10. Consideration of By-laws 12 COMMON COUNCIL / CONSEIL COMMUNAL February 6, 2023 / le 6 fevrier 2023 11. Submissions by Council Members 11.1 Homelessness Strateav (Councillor Hicke Moved by Councillor Hickey, seconded by Councillor Killen: RESOLVED that Council engage with the province on their plans to address the homelessness crisis in New Brunswick and further direct staff to develop a strategy to address the City's response to homelessness in collaboration with the province and community partners. This strategy should address the gaps in our shelter network, identify supports for those living rough while ensuring there are direct pathways for people out of shelters, and work with partners to identify funding supports for this strategy. MOTION CARRIED with Councillor Sullivan voting nay. 12. Business Matters — Municipal Officers 12.1 Field, Arena Floor and Tennis Court Rates Moved by Councillor Sullivan, seconded by Councillor Stewart: RESOLVED that the submitted report entitled M&C 2023-028: Field, Arena Floor and Tennis Court Rates, be referred to staff to reconsider an increase in rates. MOTION CARRIED with Councillors Harris and Killen voting nay. 12.2 2023 Initiatives Plan Moved by Councillor Sullivan, seconded by Councillor Radwan: RESOLVED that the 2023 Initiatives Plan be deferred to the next Council Meeting, Tuesday February 21, 2023. MOTION CARRIED. 12.3 Chief Administrative Officer Update on Select Catalytic Projects and Advocacy Verbal CAO B. McGovern provided a verbal update of the 4 catalytic infrastructure projects and the 4 advocacy projects. • Innovative Central Peninsula Learning Commons — Province has established a Working Group, 1 representative from the City and 1 representative from Envision SJ. School opening date is September 2026. • Fundy Quay — Market Slip design work continues. • Comprehensive Recreation Facility — Funding is being sought to continue. • Industrial Parks — Market Chain and value analysis is being conducted by Deloitte. • Affordable Housing Action Plan — initiatives with partners are advancing. Moved by Councillor Harris, second by Deputy Mayor MacKenzie: RESOLVED that the verbal update on catalytic projects be received for information. MOTION CARRIED. 13 COMMON COUNCIL / CONSEIL COMMUNAL February 6, 2023 / le 6 fevrier 2023 13. Committee Reports 14. Consideration of Issues Separate from Consent Agenda 15. General Correspondence 16. Supplemental Agenda 17. Committee of the Whole 17.1 H&S Meats Inc. City Market Lease Moved by Deputy Mayor MacKenzie, seconded by Councillor Sullivan: RESOLVED that as recommended by the Committee of the Whole having met on February 61", 2023, Common Council approve the transfer of the Leased premises from H&S Meats LTD to H&S Meats Uptown Market LTD, under the terms and conditions as set out in the indenture submitted with M&C 2023-24, and that the Mayor and Common Clerk be authorized to execute any necessary documents. MOTION CARRIED. 17.2 2023 Insurance Renewal Moved by Councillor Radwan, seconded by Councillor Sullivan: RESOLVED that as recommended by the Committee of the Whole having met on February 61", 2023, Common Council accept the insurance package presented by BFL Canada, through our Agent of Record, JM & CW Hope Grant Ltd. and approves maximum payments as follows: Insurance Premiums of $1,750,137 Agreed Agency Fee of $32,000 BFL Canada Fee $1,500 Payable to JM & CW Hope Grant Ltd. $1,783,637 MOTION CARRIED. 18. Adjournment Moved by Councillor Sullivan, seconded by Councillor Stewart: RESOLVED that the meeting of Common Council held on February 6, 2023, be adjourned. MOTION CARRIED. The Mayor declared the meeting adjourned at 10:35 p.m. 14 COMMON COUNCIL / CONSEIL COMMUNAL 10 February 6, 2023 / le 6 fevrier 2023 City Clerk 15 COMMON COUNCIL REPORT M&C No. 2023-035 Report Date February 16, 2023 Meeting Date February 21, 2023 Service Area Growth and Community Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT: Proposed Public Hearing Date: 228 Lancaster Avenue AUTHORIZATION Primary Author Commissioner/Dept. Head Chief Administrative Officer Jennifer Kirchner Jacqueline Hamilton Brent McGovern RECOMMENDATION RESOLVED That Common Council schedule the public hearing for the Zoning By- law Rezoning application submitted by 0408017 NB Ltd (Luke Simpson) for 228 Lancaster Avenue (PID: 00033357) for Monday, April 3, 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 Rezoning application received and to recommend an appropriate public hearing date. The next available public hearing date is Monday, April 3, 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 application received and recommends an appropriate public hearing date. Details of the application are available in the Common Clerk's office and will form part ofthe documentation at the public hearing. -2- The following application has been received for the April 3, 2023 Public Hearing date. Please be advised that a Public Hearing for 82-84 Bon Accord Drive has already been scheduled for April 3, 2023. Name of Location Existing Proposed Reason Applicant Zone Zone 048017 NB 228 Lancaster Regional Corridor To enable the Ltd. (Luke Avenue (PID: Commercial Commercial existing Simpson) 00033357) (CR) (CC) building to be used as a warehouse and office. While the holding of public hearings for proposed Zoning By-law amendments and rezonings 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. 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 17 COMMON COUNCIL REPORT M&C No. MC 2023-36 Report Date February 15, 2023 Meeting Date February 21, 2023 Service Area Public Works & Transportation Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT. Traffic Paint Purchase AUTHORIZATION Primary Author Commissioner/Dept. Head Chief Administrative Officer Chris Phinney Michael Hugenholtz J. Brent McGovern RECOMMENDATION Notwithstanding the City's Procurement Policy, your Chief Administrative Officer recommends that Common Council authorize City staff to purchase Franklin Paint Company traffic paint for the 2023 construction season as a sole source procurement from Stinson Equipment Limited at a cost of $166,358.94 plus HST. EXECUTIVE SUMMARY The purpose of this report is for City staff to recommend a 'sole source' approach to the purchase of the City's traffic paint for the 2023 season and to communicate a process available to competitor manufacturers for consideration in future years. This recommendation is based on past years' experience with other paints that clogged our equipment and led to costly delays. Staff have developed a Pavement Markings Durability and Compatibility protocol which, as committed, provides a framework for prequalifying other manufacturer's products. This framework will be implemented in 2023 and results collected over a 2 year period will be used to support a competitive process for procurement of this commodity in the future with certainty that products proposed will be compatible with our equipment and processes allaying the risk seen previously. PREVIOUS RESOLUTION Nov 15, 2021: RESOLVED That as recommended by the City Manager in the submitted report M&C 2021-306: Traffic Paint Purchase, notwithstanding the City's Procurement Policy, Common Council authorize City staff to purchase Franklin Paint Company traffic paint for the 2022 construction season as a sole source procurement from Stinson Equipment Limited at a cost of $103,880.50 plus HST. iF:3 REPORT Annually, the City paints approximately 400 km of lines and 3300 traffic markings. Yellow lines that divide space for two-way traffic, bike lane lines, directional symbols and crosswalk lines are among the inventory that the City renews annually. The City procures traffic paint each year to refresh these lines and markings. Authorization sought as part of this report would procure the paint needed for the 2023 season. Sole source versus a competitive process City staff's recommendation for a sole source procurement of traffic paint has not been made lightly. However, City staff continue to conclude a sole source approach remains a far superior decision with information currently available. Prior to 2016, the City had procured traffic paint from four different manufacturers through a competitive process. Three of these four manufacturers ultimately did not meet the City's specifications. One manufacturer did not meet the material composition requirements and the other two manufacturers provided product that clumped during previous painting seasons causing damage to equipment and excessive down time. Since 2016, the City has sole -sourced using only Franklin Paints. This paint has met specifications upon delivery and has not clumped throughout the painting seasons. To contribute to public safety, it is important to refresh traffic lines and markings as quickly as possible. Extended times when these traffic control devices remain faded or risk that the annual program may not be completed due to delays by non- conforming paint is a risk that may occur. Clumping issues with other paints have caused delays to the program in prior years. The clumping of past traffic paints is also hard on the $200,000 worth of painting equipment that the City owns, requiring more frequent replacement of parts such as filters and pumps and accelerated depreciation of these expensive assets. Additional staff time, both in working with manufacturers/suppliers of non -conforming paint and in explaining to the public delays to the painting program, is also an added cost. Additional labour costs are required to finalize the annual program when delays occur. Staff remains of the opinion these costs would far outweigh any savings resulting from a lower -cost competitor product. Towards a Return to Competition City staff are always open to having manufacturers demonstrate that their traffic paint meets the City's specifications and does not clump mid -season. An extended trial is needed to assure past clumping issues have been resolved. Tender specifications have been updated including more stringent material and performance specifications, ability for the city to test the paint at its discretion and penalty clauses for non- conformance with attempts to promotelQDmpetition yet protect the City's interests. City staff however continue to endeavour to reinstitute the competitive bidding process. Towards that end, staff have developed a framework for Pavement Markings Durability and Compatibility which is part of the 2023 work plan. Samples of traffic paint from three reputable manufacturers as well as alternative thermoplastic products have been sourced and will be applied to a proposed test zone in a high traffic area. These tests stripes will ensure that the products are compatible with our equipment and contrast them against one another by being subjected to the exact same traffic volume, environmental factors and snow clearing methods. The test markings will be evaluated immediately for equipment compatibility and over two seasons ranked for durability. Both criteria will be used to prequalify pavement marking products for a future competitive procurement process with addition vendors being able to participate in the future by request. Traffic Lines and Markings that last longer City staff is aware of, and aligned with, the community's desire to implement a solution that allows the City's traffic lines and markings to last longer. When a "better" solution is found, City staff will be sure to recommend it. City staff has committed to trial alternatives to paint. Tape, plastics that can be melted to the road, alternate sprayable compounds, and even attempts to place lines and markings below where plows and some traffic can wear them as easily have all been trialed, including in 2022. When the City procured its paint truck, it was purchased with modular parts knowing different application equipment would be needed if a future alternate sprayable compound were procured. Taking into account such factors as material cost, productivity and the requirement for specialized equipment, no feasible alternatives have been identified to date. As with other municipalities in our region and across the country, the application of water -based traffic paints such as that recommended in this report continue to be the best option at this time. STRATEGIC ALIGNMENT This report best aligns with two Common Council priorities: Perform — striving for the best use of resources in completing the annual traffic line and marking painting program and continuously assessing alternatives. Move — striving for a safe transportation system for all modes of transportation via placing traffic control devices (lines and markings) and striving for alternatives that last longer. SERVICEAND FINANCIAL OUTCOMES Purchasing the 2023 quantities of traffic paint will result in an over expenditure to the specific budget line for traffic paint due to the unpredictability of commodities across many sectors. Budgeted estimate used for the 2023 operating budget was $143,750.00, however our most recent quote was $166,358.94. There will be a smaller additional purchase of glass beads fron�Qhe same budget line. Staff will manage the over -expenditure of this line within the overall envelope of Public Works Operating Budgets. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Input from the Supply Chain Management has been incorporated into this report. City staff previously received input from both the cities of Fredericton and Moncton. The City of Fredericton has used Franklin Company paint for the last twelve years, including in 2023. In previous years, Fredericton used two different other manufacturers (same from the list of those used by Saint John) with similar negative results. The City of Moncton has also experienced issues with other manufacturers. They commenced a sole source procurement of Franklin Paint through Stinson Equipment Ltd., 2015 through 2023. 21 Dr r 1 l COMMON COUNCIL REPORT M&C No. 2023-33 Report Date February 15, 2023 Meeting Date February 21, 2023 Service Area Fire and Emergency Management Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT. Building Safer Communities Fund Contribution Agreement with Public Safety Canada AUTHORIZATION Primary Author Commissioner/Dept. Head Chief Administrative Officer Leah Robichaud Kevin Clifford J. Brent McGovern RECOMMENDATION It is recommended that the City of Saint John enter into the Funding Agreement with Public Safety Canada as attached to M&C Report 2023-33 dated February 15, 2023 for Funds received through the Building Safer Community Fund and that Mayor and City Clerk be authorized to execute same. EXECUTIVE SUMMARY The Funding agreement is enclosed from Public Safety Canada regarding the allocation of funds totaling $197,299 to the fiscal years 2022/23 and 2023/24 to commence upon signing. The allocation of these funds will be determined by the Building Safer Community Fund Steering Committee of the City of Saint John, an extension of the Public Safety Committee. PREVIOUS RESOLUTION December 12, 2022 13.3 RESOLVED that as recommended by the Public Safety Committee: a) Common Council provide support to the Building Safer Communities Fund Interim Steering Committee to pursue funding through Public Safety Canada as outlined in the submitted report; and that b) Common Council direct the Chief Administrative Officer through the Interim Steering Committee to conduct a Request for Proposals as outlined in the Public Safety Committee report dated December 7, 2022 REPORT Following the recommendation of Common Council on December 12, 2022, a submission for funding through the Building Safer Community Fund was completed. The initial submission was for Phase One which covers estimated WA -2- expenses for Year 1 and Year 2, of the four-year program. The submission for Phase One includes expenses anticipated by the City and allocation of funds to community partner(s) pending the outcome of a Request for Proposals. The allocation of these funds will be determined by the BSCF Steering Committee, and the Public Safety Committee. Through the Steering Committee and the City's Procurement Division an RFP was released in December 2022 inviting community non-profit groups to submit proposals for community led projects that meet the eligibility requirements of the Fund. The RFP closed February 8th 2023 allowing adequate time for potential proponents to develop and complete their proposals. Evaluation of the submissions will be done by the Steering Committee. The submission for Phase Two will include expenses and work plan determined by the successful proponent and the Steering Committee to cover the remaining two years of potential funding. The public announcement of funding by the Government of Canada was held on January 25, 2023 in Saint John. The total funding for the region, including Saint John and the Kennebecasis region, is $1.79 million to assist in the prevention of gun and gang violence. Public Safety Canada has identified communities across the country to benefit from this program by allocating funds towards targeted community led programming. STRATEGIC ALIGNMENT The Public Safety Canada Building Safer Communities Fund (BSCF) is aligned with two of Common Councils' identified priorities. The "PERFORM" priority 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 P1anSJ, P1aySJ and other related plans. SERVICEAND FINANCIAL OUTCOMES The funding received is $197,299.24 which covers the Year One (2022-2023) in the amount of $97,299.24 and Year two (2023-2024) in the amount of $100,000. The remaining eligible funding will follow pending a Phase Two submission and W -3- application based on the outcome of the RFP for a community partner in this initiative. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Review of Funding agreement by General Counsel Office ATTACHMENTS Attachment A Letter confirming approval Attachment B Funding Agreement and associated Forms PSIMS #: 23118 BUILDING SAFER COMMUNITIES FUND CONTRIBUTION AGREEMENT BETWEEN HIS MAJESTY THE KING IN RIGHT OF CANADA, as represented by the Minister of Public Safety and Emergency Preparedness (hereinafter referred to as "the Minister") AND CITY OF SAINTJOHN, a municipality, duly incorporated under the laws of the province of New Brunswick, having its head office at Saint John, New Brunswick as represented by the City Clerk/Director Legislative Services (hereinafter referred to as "the Recipient") (hereinafter collectively referred to as "the Parties") WHEREAS the Minister has established the Building Safer Communities Fund (hereinafter referred to as "the Program") to support projects that contribute to the achievement of the Department's objectives with respect to supporting Municipalities and Indigenous governments in their efforts to address gun and gang prevalence by providing a determined funding allocation to put in place community led projects to combat gun and gang violence and address knowledge gaps concerning the impacts of interventions in gun and gang violence; AND WHEREAS the Minister wishes to provide, through this Agreement, a financial contribution to the Recipient for the purpose of the project The City of Saint John - BSCF being more fully described in Annex A— Project Description (hereinafter referred to as "the Project"). THEREFORE, the Parties agree as follows: 1 DEFINITIONS In this Agreement: 1.1 "Agreement" means this Contribution Agreement and includes all Annexes and any amendments made to this Agreement in accordance with section 35 (Amendments); 1.2 "Appropriation" means any authority of Parliament to pay money out of the Consolidated Revenue Fund; 1.3 "Asset" means any asset(s) acquired by the Recipient with contribution funds provided under this Agreement or under a previous agreement funded by the same Program; 1.4 "Budget" means the total forecasted expenditures for the Project, as well as the total amount of funding to be received from all sources for the Project, as set out in Annex B—Approved Project Budget; 25 PSIMS #: 23118 1.5 "Conflict of Interest" means a situation where a Recipient would apply the provisions of this Agreement in a manner that is not provided for within the scope of this Agreement and that would provide an opportunity to further their private interests or those of their relatives or friends; 1.6 "Exceptional circumstances" means facts that support a finding where there would have been loss of a critical project resource or that the viability of the Project would have been jeopardized had the expenditures not been incurred prior to the signature of this Agreement; 1.7 "Eligible Expenditures" means the costs that are eligible as described in Annex B — Approved Project Budget of this Agreement that are incurred by the Recipient in carrying out the Project; 1.8 "Fiscal Year" means the twelve-month period beginning April 1 of any year, and ending March 31 of the following year; 1.9 "In good standing" means the Recipient continues to meet all terms and conditions set out in this Agreement; 1.10 "In -kind contribution" means non -monetary resources provided by third parties and/or the Recipient to support the Project; 1.11 "Project" means the activities described in Annex A — Project Description to this Agreement; and 1.12 "Single Recipient Audit" means a coordinated approach to recipient auditing whereby an auditor representing some or all donors conducts a single recipient audit of a common recipient to verify compliance with terms and conditions of some or all funding agreements with that particular recipient. 2 EFFECTIVE DATE AND DURATION This Agreement is effective on the date of the last signature and, subject to termination, in accordance with all of the provisions contained in this Agreement, remains in effect until September 30, 2023. The Parties agree to a wrap-up period of 90 days after the expiry of this Agreement for the completion of reporting requirements and release of the final payment. 3 PURPOSE The Recipient shall use the funding provided under this Agreement solely to carry out the Project in accordance with all of the provisions contained in this Agreement and applicable laws. 4 ELIGIBLE EXPENDITURES 4.1 Subject to subsection 4.2, the Recipient agrees that expenses are only deemed eligible if incurred while this Agreement is in effect as per the dates set out in section 2. 4.2 The Recipient agrees that the Minister's contribution only covers actual costs of the eligible expenditures described in Annex B —Approved Project Budget of this Agreement. 4.3 The Minister does not reimburse taxes paid by the Recipient for goods and services for which the Recipient is entitled to tax credits or reimbursement. 26 PSIMS #: 23118 4.4 The maximum rates that the Recipient can claim for travel and incidentals related to the delivery of the Project, if applicable, shall be reimbursed in accordance with the National Joint Council Travel Directive. 4.5 In accordance with Annex C - Reporting Requirements and Payment Schedule and Annex B —Approved Project Budget, eligible expenditures must be incurred by the Recipient in the fiscal year they are allocated. 4.6 If the Recipient is to offer meals and refreshments as hospitality in relation to delivery of the Project, the maximum rates that the Recipient can claim must not exceed the standard cost per person as set out in the Appendix B of the Treasury Board Directive on Travel, Hospitality, Conference and Event Expenditures. 4.7 The Recipient may redistribute the contribution only if the following conditions are met: a) the Recipient acknowledges that it has independence in the choice of the persons or entities eligible under subsection 4.7 d) to whom it will redistribute the funding received under this Agreement, and it will not be acting as an agent of the Crown; b) the Recipient agrees that it is solely responsible for the action or omission of a person or entity to whom it will redistribute funding received under this Agreement and must indemnify and save harmless the Minister and its employees and agents from and against all claims, losses, damages, costs, expenses, actions and other proceedings made, sustained, brought, prosecuted, threatened to be brought or prosecuted in any manner based upon, occasioned by or attributable to any injury to or death of a person or damage to or loss of property arising from any wilful or negligent act, omission or delay on the part of the person or entity to whom the Recipient redistributed the funding to under this Agreement; c) in support of the Project, described in Annex A - Project Description, and subject to the terms and conditions set out in this Agreement, the Minister agrees to contribute to the redistribution of funding up to a maximum amount of $197,299.24 toward eligible expenditures described in Annex B — Approved Project Budget; d) the Recipient agrees that it shall only redistribute funds received under this Agreement to entities that will put in place a prevention initiative or an intervention to address gun and gang activity with the exception of Government departments as defined in section 2 of the Financial Administration Act (including the RCMP) and federal Crown corporations; e) the Recipient shall develop a clear, transparent and open decision -making process regarding the selection of persons or entities to receive redistributed payments and the selection and approval of initiatives to be funded with the funds provided under this Agreement, and describing their responsibilities in this process. This process shall also describe the redress mechanism regarding decisions of the Recipient relating to persons or entities that applied for or received redistributed funding. The Recipient shall provide a written description of this process to the Minister for approval before signing any agreement with an eligible person or entity identified in subsection 4.7 d); funds redistributed by the Recipient shall appear in Annex B —Approved Project Budget and the cash flow statement, and may only be used for the eligible expenditures described in Annex B —Approved Project Budget; 27 PSIMS #: 23118 g) the Recipient agrees that it will only redistribute funds received under this Agreement if it has signed a written funding agreement with an eligible person or entity which addresses the following elements: the responsibilities agreed to between the Recipient and the person or entity with whom the Recipient redistributes the funding received under this Agreement, including their financial roles and responsibilities; ii) provisions for oversight, reviews, and audits to be conducted by the Recipient and the right of the Recipient to provide copies of any review, evaluation or audit reports to the Minister and the Auditor General of Canada; iii) provisions allowing for the Minister and the Auditor General of Canada access to the documents and premises of the person or entity with whom the Recipient redistributes funding received under this Agreement, for the purpose of monitoring compliance with the funding provided under this Agreement and the obligations of the Recipient; iv) provisions for the Recipient to make known the federal government's role in the funding provided to persons or entities to whom the Recipient will redistribute the funding received under this Agreement; and v) a redress provision regarding decisions made by the Recipient relating to persons or entities that received redistributed payments; h) the Recipient shall provide to the Minister and to the Auditor General of Canada, upon request, a copy of any agreement signed with an eligible person or entity to which the Recipient has redistributed the funding received under this Agreement; the Recipient shall provide to the Minister, their authorized representatives, and to the Auditor General of Canada a copy of its operating plans, including annual performance expectations, with respect to the contribution funding; j) the Recipient shall provide to the Minister a list of eligible person(s) or entity(ies) to whom the Recipient has redistributed the funding received under this Agreement and of the amount redistributed to them; and k) the Recipient shall provide to the Minister and to the Auditor General of Canada, upon request, a copy of any reports or reviews, evaluation or audits carried out by, or on behalf of, the Recipient related to the use of the funding by an eligible person or entity to whom the Recipient has redistributed the funding received under this Agreement. 5 MAXIMUM AMOUNT OF THE CONTRIBUTION 5.1 In support of the Project described in Annex A— Project Description, and in accordance with all of the provisions contained in this Agreement, the Minister agrees to contribute up to a maximum amount of $197,299.24 towards eligible expenditures described in Annex B —Approved Project Budget. 5.2 The maximum amount of the contribution is established in accordance with Annex B —Approved Project Budget as follows; 28 PSIMS #: 23118 $97,299.24 for Fiscal Year 2022-2023; $100,000.00 for Fiscal Year 2023-2024; totalling $197,299.24 in funding provided by the Minister under this Agreement. 6 STACKING PROVISIONS The Recipient agrees that: 6.1 any payment under this Agreement is subject to total financial assistance of all levels of government (stacking of federal, provincial, territorial and municipal financial assistance) not exceeding one hundred percent 100% of the Project's eligible costs; 6.2 it shall, without delay, inform the Minister of any change to the budget, the Project objectives, activities, and/or scope or of any change in anticipated funding and any additional amount that is received for the Project; and 6.3 if the total governmental financial assistance exceeds the percentage prescribed at subsection 6.1 or if the Project generates a profit or receives other sources of funding for the purpose of this Agreement, the Minister may reduce the contribution, request reimbursement of amounts already provided or renegotiate the expected activities/results. 7 REALLOCATION OF FUNDS BETWEEN COST CATEGORIES 7.1 The Recipient is permitted to reallocate funds between categories of eligible expenditures, as identified in Annex B —Approved Project Budget, with the following conditions: a) within a current Fiscal Year, for a reallocation greater than twenty percent (20%) of the Minister's annual contribution for a Fiscal Year, the Recipient must, prior to reallocating the funds, obtain a written authorization from the Minister and the Parties shall amend this Agreement; or b) within a current Fiscal Year, for a reallocation of five percent (5%) up to, and including, twenty percent (20%) of the Minister's annual contribution for a Fiscal Year, the Recipient must include an explanation in the comment section of the cash flow statement. 7.2 Despite any reallocations, the maximum amount of funding will remain the same as set out in subsection 5.2. 8 PAYMENT SCHEDULE AND FINAL PAYMENT 8.1 The Minister will provide the Recipient with payments in accordance with Annex C - Reporting Requirements and Payment Schedule after receiving and approving the cash flow statements and the reports as described and outlined in sections 9 and 10. 8.2 The Minister will issue a final payment at the end of this Agreement only when it is satisfied that the Recipient has complied with all the obligations under this Agreement. 9 FINANCIAL REPORTING 9.1 Cash Flow Statement The Recipient shall provide a completed cash flow statement to the Minister in order to be reimbursed for expenditures incurred on the Project as per Annex C— Reporting Requirements and Payment Schedule. The Recipient may submit 29 PSIMS #: 23118 additional cash flows to seek more frequent payments based on the operational requirements of the Recipient in the delivery of the Project. It must be certified by a person authorized by the Recipient and show any reallocations of funds between budget items as per the requirements of section 7. 9.2 Final Cash Flow Statement The Recipient shall provide to the Minister a final cash flow statement on the Project. The cash flow must contain a presentation of the Project budget, as categorized by Annex B —Approved Project Budget, and include a statement of revenues and expenditures. It shall be submitted as per the reporting timelines set out in Annex C - Reporting Requirements and Payment Schedule. It must be certified by a person duly authorized by the Recipient and show any reallocations of funds between budget items, as per the requirements of section 7, and supporting documentation for the reallocation. 9.3 All sources of funding for the Project, excluding in -kind contributions as defined in subsection 1.10, shall be identified separately in Annex B —Approved Project Budget and be identified in the cash flow statements, if applicable. The details of any in -kind contributions shall be provided in the non -financial reports as described in Annexes E and F. 10 NON -FINANCIAL REPORT 10.1 The Recipient shall provide the Minister with non -financial reports as described in Annex C— Reporting Requirements and Payment Schedule, in the format prescribed by the Minister. 10.2 The Recipient shall provide the Minister with any additional information that the Minister deems necessary for the purpose of this Agreement. 11 PROJECT RECORDS The Recipient shall: 11.1 maintain separate accounting records clearly identifying revenues and expenditures for the Project, and in the case of any in -kind contributions to the Project by the Recipient or by third parties, records supporting the provision of such in -kind contributions; 11.2 maintain financial records with respect to the Minister's contribution in accordance with Generally Accepted Accounting Principles as prescribed in the Chartered Professional Accountants Canada Accounting Handbook, including records of all expenditures made by the Recipient in relation to the Project and invoices, receipts and vouchers relating thereto; and 11.3 retain all materials and records relating to this Agreement and the Project for a period of no less than six (6) years following the expiry or termination of this Agreement. 12 DEFAULT AND REMEDIES 12.1 Any of the following events constitute a default to this Agreement: a) the Recipient becomes bankrupt or insolvent or is placed in receivership or takes the benefit of any statute relating to bankrupt and insolvent debtors; 30 PSIMS #: 23118 b) an order is made or a resolution is passed for the winding up of the Recipient or the Recipient is dissolved; c) in the Minister's opinion, there is a change in risk that would jeopardize the success of the Project or the achievement of its objectives; d) the Recipient, either directly or through its representatives, makes a false or misleading statement to the Minister; e) in the Minister's opinion, the Recipient is in breach of the performance of, or compliance with, any term, condition, milestone, deadline, commitment or obligation provided for in this Agreement; or the Recipient no longer meets the eligibility criteria of the Program. 12.2 If there is a default or if, in the Minister's opinion, there is likely to be a default, the Minister may, after giving written notice to the Recipient and if the Recipient does not remedy the default within thirty (30) days, do any of the following: reduce the contribution level, suspend any payment, rescind this Agreement and immediately terminate any financial obligation arising out of it and require repayment of amounts already paid. 12.3 The fact that the Minister refrains from exercising a remedy or any right herein must not be considered a waiver of such remedy or right and, furthermore, partial or limited exercise of a remedy or right conferred on it shall not prevent it in any way from later exercising any other remedy or right under this Agreement or other applicable law. 13 CONDITIONS 13.1 The Recipient acknowledges that under section 40 of the Financial Administration Act (R.S.C. 1985, c. F-11), any payment under this Agreement is subject to an annual appropriation for the Fiscal Year in which any commitment hereunder would come in course of payment. Therefore, funding for this Agreement may be reduced or terminated at the Minister's discretion in response to the government's annual budget or a parliamentary spending decision that has an impact on the Program under which this Agreement is made. 13.2 Any payment under this Agreement is subject to the continuance of the Program under which this Agreement is made and the provisions contained in this Agreement as applicable to the Fiscal Year in which any commitment hereunder would come in course of payment. Therefore, funding under this Agreement may be reduced or terminated at the Minister's discretion in order to comply with any government decision that has an impact on the Program or its terms and conditions. 13.3 In the event of a proposed reduction or termination to the funding of the Program under subsections 13.1 or 13.2, the Minister may, after giving the Recipient a written notice of (30) thirty days, reduce the funding or terminate this Agreement. If as a result of reduction in funding, the Recipient is unable or unwilling to complete the Project, the Recipient may, after giving the Minister a written notice, terminate this Agreement. Subject to the provisions contained in this Agreement, in the event that this Agreement is terminated, the obligations of both Parties will cease. 14 AUDIT 14.1 The Recipient agrees that the Minister may appoint independent auditors, at the Minister's expense, during the term of this Agreement and within six (6) years following the expiry or termination thereof to review the Project records maintained by the Recipient in order to ensure compliance with all financial and non -financial 31 PSIMS #: 23118 provisions of this Agreement, including the management of funds provided by the Minister and the consistent application of Generally Accepted Accounting Principles in the maintenance of financial and accounting records. 14.2 The Recipient provides consent for the Minister to cooperate and share information with other Government of Canada departments or agencies for the purpose of a Single Recipient Audit. Single Recipient Audits utilize a coordinated approach to recipient audits, whereby an auditor representing different departments or different programs within one department conducts a single audit of a common recipient to verify compliance with the provisions contained in some or all funding agreements. 14.3 The Recipient shall give access to its premises and make its materials and records related to the Project available to the Minister for the purpose of any evaluation or audit conducted under this Agreement, without charge, during regular business hours within seventy-two (72) hours after receiving written notification and shall make available any supporting documents, records, registers or other documents when requested. The Recipient shall provide copies of records and registers related to the Project when requested, without charge. 14.4 Over and above what is provided for in subsections 14.1 to 14.3 herein, the Recipient shall make its materials and records related to the Project available to the Auditor General of Canada when requested by the Auditor General for the purpose of an inquiry under subsection 7.1(1) of the Auditor General Act, R.S.C., 1985, c. A- 17. 15 TERMINATION In addition to what is provided for in section 12 herein, this Agreement may be terminated: 15.1 by any Party, when, as set out in section 13, funding is no longer available or the appropriation has been decreased, thirty (30) days upon receipt of a written notice of termination by the other Party; 15.2 by the Minister, if the Recipient has not remedied the default to the satisfaction of the Minister within the thirty (30) day period as set out in subsection 12.2; or 15.3 by any Party, even if there is no default by the other Party, thirty (30) days upon receipt of a written notice of termination by the other Party. 16 DISPUTE RESOLUTION If there is a dispute arising under the terms of this Agreement, the Parties agree to make a good -faith attempt to settle the dispute. If the Parties are unable to resolve the dispute through negotiation, they agree to consider mediation. The Parties must bear the costs of mediation equally. iVI1►1D]4LTA 1►119[O1e1I[ L1 The Recipient shall indemnify and save harmless the Minister and its employees and agents from and against all claims, losses, damages, costs, expenditures, actions and other proceedings made, sustained, brought, prosecuted, threatened to be brought or prosecuted in any manner based upon, occasioned by or attributable to any injury to or death of a person or damage to or loss of property arising from any wilful or negligent act, omission or delay on the part of the Recipient or its employees, agents or voluntary workers in carrying out the Project, except that the Minister shall not claim indemnification under this section to the extent that the injury, loss or damage has been caused by the Minister or its employees or agents. 32 PSIMS #: 23118 18 LIABILITY The Recipient agrees that the Minister and its employees and agents shall not be held liable for any injury, including death to any person, or for any loss or damage to property of the Recipient or for any obligation of the Recipient or anyone else, incurred or suffered by the Recipient or its employees, agents or voluntary workers in carrying out the Project, including loans, capital leases or other long-term obligations in relation to this Agreement. 19 INSURANCE The Recipient agrees to, through an appropriate policy of insurance, cover any liability resulting from any action or omission by the Recipient or its employees, agents, subcontractors or voluntary workers in completing the Project. 20 NO -PARTNERSHIP 20.1 The Parties acknowledge that this Agreement does not constitute an association for the purpose of establishing a partnership or joint venture, does not create an agency or employment relationship between the Minister and the Recipient, and in no way implies any agreement or undertaking to conclude any subsequent agreement. 20.2 The Recipient agrees not to represent itself as being a partner, co -contractor, employee or agent of the Minister in carrying out the Project referred to in this Agreement. 21 OVERPAYMENT AND INTEREST CHARGES 21.1 The Recipient is deemed to have received an overpayment if any of the following occurs: a) sums were paid to the Recipient but remained unexpended by the end of the last Fiscal Year covered by this Agreement or the date of expiry or termination of this Agreement; b) the Recipient's Cash flow statement has been completed and an overpayment has been identified as a result of ineligible expenditures; c) the Minister carries out a financial analysis or audits the financial statements of the Recipient and an overpayment is identified as a result of ineligible expenditures or costs; d) as a result of non-compliance with the stacking limits established by section 6 for total governmental financial assistance; or e) for any other reason, the Recipient was not entitled to the contributions, or the Minister determines that the sums paid exceed the amount to which the Recipient was entitled. 21.2 The Recipient recognizes that expenditures may be deemed ineligible if there is no related invoice, receipt or other supporting documents or if, in the opinion of the Minister, the expenditures cannot be substantiated. 21.3 Any amount to be repaid by the Recipient to the Minister under this Agreement is deemed a debt owed to the Crown. Said debt will be recovered in accordance with and is subject to the payment of interest as provided for in the Financial Administration Act (R.S.C.1985, c.F-11). Interest on the debt will be owed from the date of demand of repayment and will be calculated in the manner set out in the Interest and Administrative Charges Regulations. 33 PSIMS #: 23118 21.4 Reimbursements due to the Minister by the Recipient shall be made payable to the Receiver General for Canada. 22 DECLARATIONS AND UNDERTAKINGS 22.1 The Recipient declares: a) that the information provided in Annex A — Project Description is true and accurately reflects what the Recipient intends to do, that the information contained therein is accurate, and that all relevant information has been disclosed; b) that it has the capacity and authority to enter into this Agreement to carry out the Project and that it knows of no reason, fact or event, current, imminent or probable, that would diminish this capacity and authority; c) that all sources of funding for the Project, excluding any in -kind contributions as defined in subsection 1.10, are identified in Annex B — Approved Project Budget; d) that, to the best of its knowledge, it owes no amount to the Government of Canada under any legislation or funding agreements; e) that it holds the intellectual property rights required for the conduct of the Project and the exploitation of any intellectual property resulting thereof, and it grants the Minister the licenses described in section 30; that it is committed to the promotion of and respect for a law-abiding society, the rule of law and the values and principles underlying the Canadian Charterof Rights and Freedoms and the Canadian Bill of Rights and declares that it is not participating in, or condoning, any activity that could be construed as contrary to the laws of Canada or its provinces or territories; and g) that it will not assign this Agreement, or any part thereof, or any payments to be made under it, without the written permission of the Minister but that nothing shall preclude the Recipient from enlisting the assistance of others in carrying out the obligations under this Agreement. 22.2 The Recipient acknowledges: a) that it was informed by the Minister that any expenditure incurred by the Recipient prior to the effective date of this Agreement will not be reimbursed; b) that the Minister did not, either directly or indirectly agree to, endorse or support in any way the Recipient's decision to proceed with expenditures prior to the effective date of this Agreement; and c) that any expenditure made prior to the signature of this Agreement was at the Recipient's own risk. 22.3 During the term of this Agreement, the Recipient undertakes to: a) take all necessary actions to maintain itself in good standing, to avoid conflict of interest, to preserve its legal capacity, and to inform the Minister, without delay, of any failure to do so; 34 PSIMS #: 23118 b) disclose to the Minister, without delay, any fact or event that would or may compromise the Project's chance of success or the Recipient's ability to complete any of the provisions contained in this Agreement, either immediately or in the long term, including but not limited to pending or potential lawsuits and audits; and c) respect the official language commitments set out in the Project Description as outlined in Annex A — Project Description and, if applicable, to make public announcements and public documents related to the activities available in both official languages. 23 DIRECT OR INDIRECT BENEFITS No member of Parliament or current or former public office holder of Canada may receive a direct or indirect benefit from this Agreement or obtain any advantage resulting from it unless they are complying with applicable regulations or policies, as the case may be, including the requirements under the Parliament of Canada Act (R.S.C. 1985, c. P-1.01), the Conflict of Interest Act (S.C. 2006, c. 9), or the Values and Ethics Code for the Public Sector. FZ01107:1:]71►[e Any person lobbying on behalf of the Recipient must comply with the requirements of the Lobbying Act, R.S.C., 1985, c. 44 (4th Suppl.). The Recipient: 24.1 certifies that it has not directly or indirectly paid or agreed to pay a contingency fee for the solicitation, negotiation or obtainment of funding under this Agreement to any person other than an employee acting in the normal course of the employee's duties; and 24.2 acknowledges that accounts and records pertaining to the payment of fees or other compensation for the solicitation, attainment or negotiation of this Agreement are subject to the audit provisions of this Agreement and if the Recipient has certified falsely or is in default of the obligations contained herein, the Minister is entitled to recover from the Recipient the full amount of the contingency fee as an ineligible expenditure under this Agreement. 25 ACKNOWLEDGEMENT The Recipient agrees to acknowledge the contribution received from the Minister in a manner satisfactory to the Minister. 26 PUBLIC ANNOUNCEMENT The Recipient agrees that, with respect to this Agreement, a public announcement by the Minister in the form of a press release, press conference or otherwise may be made. The Recipient agrees that it will provide all 'reasonable and necessary' assistance in the organization of the public announcement, as requested by the Minister. The Recipient acknowledges that its name, the amount awarded, and the general nature of the activities supported may be made publicly available by the Minister. 27 DISCLOSURE 27.1 Information gathered by the Parties in carrying out this Agreement is subject to applicable federal and provincial legislation regarding access to information and privacy. 27.2 The Recipient acknowledges and agrees that the Minister may make this Agreement public along with any reports, audits, evaluations or other documents produced in connection with this Agreement and any information contained within them. 35 PSIMS #: 23118 28 SURPLUS AND DEFICIT 28.1 Any deficit remaining upon expiry of this Agreement is the sole responsibility of the Recipient. 28.2 Any surplus or overpayment remaining upon expiry of this Agreement constitutes a debt due to the Crown. 29 DISPOSITION OF ASSETS 29.1 The Recipient shall preserve any assets acquired with the contribution funds for the duration of the Project and use them for the Project only unless the Minister authorizes their disposition. 29.2 The Recipient agrees that, at the end of the Project, or upon the termination of this Agreement, and if directed to do so by the Minister, any assets acquired from funds received under this Agreement shall be: a) sold at fair market value by the Recipient and that the funds realized from such sale shall be applied to the eligible costs of the Project to offset the Minister's contribution towards the eligible costs as set out in Annex B - Approved Project Budget; b) transferred to another charitable or not for profit organization approved by the Minister, and if the donation will result in a tax benefit the funds realized from such a benefit be applied to the eligible costs of the Project to offset the Minister's contribution towards the eligible costs as set out in Annex B - Approved Project Budget; or c) retained or disposed of in such other manner as may be determined by the Minister. 29.3 In the event the Recipient and the Minister agree that the Recipient is to keep the asset to be used under subsequent agreements with the program for similar activities, the Recipient agrees that said asset will be considered as an asset under the new agreement and that the disposition provisions of the new agreement will apply to that asset as well. 30 INTELLECTUAL PROPERTY 30.1 The Recipient retains ownership of any intellectual property created by the Recipient in carrying out the Project. 30.2 The Recipient grants the Minister a royalty -free, permanent and non-exclusive license to use, produce, reproduce, distribute, translate, publish or perform, in any way, any intellectual property created by the Recipient in carrying out the Project or an adaptation, in any language, for any governmental non-commercial purpose. 31 NOTICE 31.1 Any notice, information or document required under this Agreement is deemed delivered if forwarded by email or mail. Any notice sent by email is deemed received one (1) working days after it is sent; any notice mailed is deemed received eight (8) working days after it is mailed. It is the responsibility of the Recipient to inform the Minister, in writing, of any changes to this information within seven (7) working days. 36 PSIMS #: 23118 31.2 All notices, information and documents must be sent to the following addresses: To the Recipient Name Jonathan Taylor Title City Clerk / Director Legislative Services Name of City of Saint John Organization Full Address PO Box 1971, Saint John, NB, E2L 41_1 Telephone (506) 648-3703 E-mail Jonathan.taylor@saintjohn.ca To the Minister Name Lesley MacDonald Title Regional Program Advisor Name of Public Safety Canada Organization Full Address 21 Mount Hope Avenue, Dartmouth, NS 132Y 4R4 Telephone (902) 237-6586 E-mail csp.atlantic-psc.atlantique@ps- sp.gc.ca 31.3 All payments to the Recipient will be sent to the following address: Same as above 32 SEVERABILITY If any provision of this Agreement is determined to be invalid, illegal or unenforceable by a competent court, that provision must be removed from this Agreement without affecting any other provision of this Agreement. 33 SURVIVAL All obligations of the Recipient shall expressly, or by their nature, survive termination or expiration of this Agreement until, and unless, they are fulfilled, or by their nature expire. 34 ENTIRE AGREEMENT This Agreement, including the Recital, Annex A - Project Description, Annex B - Approved Project Budget and Annex C - Reporting Requirements and Payments Schedule, constitute the entire agreement among the Parties and supersedes all previous and subsequent documents, negotiations, understandings and undertakings. The Minister may provide the Recipient with a revised Annex C -Reporting Requirements and Payments Schedule at any time by giving a thirty (30) days' notice to the Recipient in writing. Annex D - Cash Flow Statement, Annex E - Non -Financial Report and Annex F - Final Non - Financial Report are provided for convenience only. 35 AMENDMENTS This Agreement must only be amended by mutual, written consent of the Parties hereto. To be valid, any amendment to this Agreement must be in writing and signed by the Parties hereto or by their duly authorized representatives, while this Agreement is in effect. 36 GOVERNING LAW This Agreement must be governed in accordance with the applicable laws in New Brunswick. 37 PREVAILING LANGUAGE The Parties agree that the language of the version of this Agreement containing duly executed original signatures will be the prevailing version for interpretation in the event of inconsistencies with translated versions. 37 PSIMS #: 23118 38 EXECUTION OF AGREEMENT; COUNTERPARTS; ELECTRONIC SIGNATURES 38.1 This Agreement may be executed in several counterparts, each of which shall be deemed an original and all of which shall constitute one and the same instrument. Each party will receive a copy of all signed counterparts; it being understood that all Parties need not sign the same counterparts. 38.2 The exchange of copies of this Agreement and of signature pages by electronic mail in "portable document format" (".pdf ") form, or by any other electronic means intended to preserve the original graphic and pictorial appearance of a document, or by a combination of such means, shall constitute effective execution and delivery of this Agreement as to the Parties and may be used in lieu of the original Agreement for all purposes. For the Recipient City of Saint John Jonathan Taylor, City Clerk / Director of Legislative signed on Services For the Minister Julie Lalonde, Director Community Safety Programs signed on 38 PSIMS #: 23118 ANNEX A PROJECT DESCRIPTION Objectives The City of Saint John (CSJ) will develop a comprehensive gun and gang strategy, by engaging community partners, stakeholders and service providers. The outcome of the plan is to develop a series of prevention and intervention initiatives aimed at decreasing gun and gang activity. Project Overview The City of Saint John has submitted a single -year plan to develop a gun and gang strategy in collaboration with community partners and stakeholders to reduce gun and gang activity in the municipality. The municipality will retain a qualified consultant to provide the following services: a) engage with the City of Saint John, Saint John Police force (SJPF) and community partners to collect information on the current and emerging trends in regards to gun and gang violence and set the parameters of the BSCF project; b) establish a Steering Committee to oversee the BSCF project; c) create a comprehensive list of community organizations and identify gaps in current crime prevention services currently provided to at -risk youth; d) develop a Building Safer Communities Fund (BSCF) multi -year plan including evidence -based crime prevention and reduction strategies aimed at decreasing youth gun and gang violence and its impact in the community. The multi -year plan will be submitted to Public Safety Canada (PS) prior to the expiration of this single -year agreement (September 30, 2023) in order to process an amendment to include the remaining years of funding (until March 31, 2026). Work Plan Q4 2022/23: - Hire a qualified consultant to develop a community -based gun and gang strategy with prevention and intervention initiatives for at -risk youth in the City of Saint John; - Engage the City of Saint John, SJPF, internal and external partners and gather information on youth gun and gang activity, emerging trends and risk factors. The information gathered will contribute to a community- based response to gun and gang violence in Saint John; Q1 2023/24: Establish a Steering Committee to provide oversight on the BSCF project; Conduct research on gun and gang activity in Saint John. Topics include:; trends, statistics, impacted neighborhoods and evaluating current crime prevention and reduction approaches impacting vulnerable youth; - Solicit proposals from community -based organizations to implement the three-year prevention/intervention plan (contingent on whether or not research and consultation findings result in the City of Saint John choosing to redistribute funding to external organizations in in fiscal years 2023-24, 2024-25, and/or 2025-26); - Develop an evaluation framework that will assist in the monitoring, development, and evaluation of the proposals; - Establish formal agreements with community -based organizations selected to implement the Community Safety Strategy / 3-Year Prevention/Intervention Plan (contingent on whether or not research and consultation findings result in the City of Saint John choosing to redistribute funding to external organizations in in fiscal years 2023-24, 2024-25, and/or 2025-26); and, Q2 2023/24 - Deliver a final report to the City of Saint John which will include a gun and gang strategy for the municipality and prevention and intervention initiatives to be implemented in a multi -year BSCF project. 39 PSIMS #: 23118 Expected Outcomes Short-term Outcomes: •Identified municipalities and Indigenous communities have funding for prevention and intervention initiatives to address and respond to gun and gang violence. •Knowledge to fill gaps at the community level related to high -risk youth and gun and gang violence is developed; •Three-year prevention/intervention plan outlining community -based prevention/intervention initiatives to be implemented in fiscal years 2023-24, 2024-25, and 2025-26 is developed and submitted to Public Safety Canadas; and, •Participants (high -risk youth) are identified and recruited for the prevention/intervention initiatives to be implemented in fiscal years 2023-24, 2024-25, and 2025-26. Medium Outcomes: •Identified municipalities and Indigenous communities implement informed prevention and intervention initiatives to respond to gun and gang violence. Long -Term Outcomes: •Identified municipalities and Indigenous communities are equipped to address gun and gang violence through intervention and prevention initiatives. Official Languages The Grants and Contributions Official Languages Assessment Form has been completed in consultation with the Recipient and saved to the project's file. Project activities and materials will be made available in both official languages as required. 40 PSIMS #: 23118 ANNEX B APPROVED PROJECT BUDGET Revenues for Fiscal Year 2022-23 Project Title: City of Saint John - BSCF Government Funding (municipal, provincial, territorial and federal) Amount Public Safety Canada $97,299.24 Subtotal — Cash $97,299.24 Subtotal — In -kind $0.00 Total Government Funding Government assistance 100.00/a (municipal, provincial, territorial and federal)100% cannot exceed of eligible expenditures $97,299.24 Non -government Funding and other Subtotal — Cash $0.00 Subtotal — In -kind $0.00 Total Non -government Funding and other $0.00 Total Revenues: $97,299.24 1. Cash: actual dollar value or revenues/funding received 2. In -Kind: non -cash input which is given a cash value 41 PSIMS #: 23118 Eligible Expenses for Fiscal Year 2022-23 Project Title: City of Saint John - BSCF Eligible Expenditures Detailed Eligible Expenditures Public Safety Other Non by Category Canada Government Government Total Funding and Funding Funding other Honoraria $5,000.00 $5,000.00 Office equipment, supplies and materials $3,000.00 $3,000.00 Professional and consultant costs $48,000.00 $48,000.00 Recruitment and training costs $41,299.24 $41,299.24 Subtotal — Cash $97,299.24 $0.00 $0.00 $97,299.24 Subtotal — In -kind $0.00 $0.00 $0.00 Total Expenditures: $97,299.24 $0.00 $0.00 $97,299.24 42 PSIMS #: 23118 Revenues for Fiscal Year 2023-24 Project Title: City of Saint John - BSCF Government Funding (municipal, provincial, territorial and federal) Amount Public Safety Canada $100,000.00 Subtotal — Cash $100,000.00 Subtotal — In -kind $0.00 Total Government Funding Government assistance 100.00/a (municipal, provincial, territorial and federal) cannot exceed 100% of eligible expenditures $100,000.00 Non -government Funding and other Subtotal — Cash $0.00 Subtotal — In -kind $0.00 Total Non -government Funding and other $0.00 Total Revenues: $100,000.00 43 PSIMS #: 23118 Eligible Expenses for Fiscal Year 2023-24 Project Title: City of Saint John - BSCF Eligible Expenditures Detailed Eligible Expenditures Public Safety Other Non by Category Canada Government Government Total Funding and Funding Funding other Honoraria $5,000.00 $5,000.00 Office equipment, supplies and materials $3,000.00 $3,000.00 Professional and consultant costs $43,000.00 $43,000.00 Recruitment and training costs $49,000.00 $49,000.00 Subtotal — Cash $100,000.00 $0.00 $0.00 $100,000.00 Subtotal — In -kind $0.00 $0.00 $0.00 Total Expenditures: $100,000.00 $0.00 $0.00 $100,000.00 44 PSIMS #: 23118 ANNEX C REPORTING REQUIREMENTS AND PAYMENT SCHEDULE Semi -Annual Progress Payments 2022-2023 Period Covered Reporting Due Required Documents Dates Agreement start date to April 30 • Cash flow statement (actuals for Q4) March 31 • Non -financial report (Q4) 2023-2024 • Cash flow statement (actuals for Q1,Q2) October 31 • Non -financial report (Q1,Q2) April 1 to September 30 June 30 • Annual Performance Report for the previous fiscal year Final Payment 5% Holdback Per section 2 of • Final non -financial report this Agreement Note: Service standard for payments is within 30 business days upon receipt of all required documents in good working order. 45 LU a LU F- 0 LL N U c $ E a a L� ye 2 �S �8 S � E Es 9 P 9 I s $ s s � g r d 7 99 u 6 13 E LL V PSIMS #: 23118 ANNEX E NON -FINANCIAL REPORT TEMPLATE [Instruction: Can be changed for program specific template.] Please consult your Program Officer if you have any questions regarding this report. IDENTIFICATION Project Title Project Number: Recipient Name: Name of Program Officer : Prepared by : E-mail: Fiscal Year : i.e. 2019-2020 Date of the Report Select all that apply Period ❑ Q1 —April 111 to June 301h Covered by ❑ Q2 —July 1" to September 301h this ❑ Q3 —October 1" to December 31" report : ❑ Q4—January 1" to March 31" SECTION 1: REPORT ON PROGRESS OF EACH PLANNED ACTIVITY (Add all activities listed in the Annex A of the In Not yet Late / Contribution Agreement) Completed progress started abandoned 1. Activity 1 Describe the progress achieved this period for each of the activities. Please use concrete examples and reference your project milestones. If behind schedule, indicate what additional measures will betaken. 2. Activity 2 3. Activity 3 (Add more activities as necessary) SECTION 2: EXPECTED OUTCOMES/RESULTS Is the project on track to meet the expected outcomes/results in your agreement? If not, please explain. SECTION 3: PARTNERSHIPS Describe any partnerships/networks that were involved during this reporting period, including any activities that occurred with them if not already described above. (i.e. meetings; financial nature; someone who provides advice, etc.) 47 PSIMS #: 23118 SECTION 4 : IN -KIND CONTRIBUTIONS Describe in -kind contributions made by your organization or project partners during this period. (Note — an in -kind contribution is the provision of goods or services not involving monetary transactions.) SECTION 5 : BUDGET/WORKPLAN CHANGES FOR THE UPCOMING PERIOD Do you expect any changes to the budget or workplan outlined in the agreement for the upcoming period? ❑ No ❑ Yes. If yes, please describe changes needed to: ❑ Agreement Workplan (Annex A): ❑ Agreement Budget (Annex B): Note: Your Program Officer will be in contact with you to discuss the expected changes as indicated above and to determine if an amendment to your Contribution Agreement is required. Please do not proceed with any changes until you have approval from your Program Officer. SECTION 6 : OTHER INFORMATION Is there any other information about your project that you want to share with us? (successes, challenges, and lessons learned) The information you provide is collected under the auspices of Public Safety Canada for the purpose of administering programs. The information collected will be subject to the Access to Information Act. The undersigned hereby certifies that the above information is in accordance with the Terms and Conditions of the funding agreement. Authorized Recipient Name: Signature: Date: 48 PSIMS #: 23118 ANNEX F FINAL NON -FINANCIAL REPORT TEMPLATE [Instruction: Can be changed for program specific template.] Please consult your Program Officer if you have any questions regarding this report. IDENTIFICATION Project Title Project Number: Recipient Name: Name of Program Officer: Prepared by: E-mail: Effective dates of project (start and Date of the Report end dates) : SECTION 1: REPORT ON PROGRESS OF EACH PLANNED ACTIVITY Description of (Add all activities listed in the Annex A of Completed Incomplete completed results or the Contribution Agreement) rationale for incomplete activities 4. Activity 1 5. Activity 2 6. Activity 3 SECTION 2 : EXPECTED OBJECTIVES Did the project meet the expected objectives in your agreement? Please provide details on how the objectives were met or the barriers that caused them to not be met before the expiry of this project. SECTION 3 : EXPECTED OUTCOMES (Add all expected outcomes listed Description of in the Annex A of the Contribution Achieved Partially Not completed results or Agreement) Achieved Achieved rationale for !Loll PSIMS #: 23118 incomplete activities Outcome Outcome Outcome (Add more outcomes as necessary) SECTION 4 : PARTNERSHIPS Describe any partnerships/networks that were involved during this project, including any activities that occurred with them if not already described above. (i.e. meetings; financial nature; someone who provides advice, etc.) Only for community based projects - SECTION 5 : TARGET POPULATION Who was the target population for your project? Were you able to reach this population in your project delivery? Please share any barriers or obstacles faced and/or success stories. SECTION 6 : IN -KIND CONTRIBUTIONS Describe in -kind contributions made by your organization or project partners during this project. (Note — an in -kind contribution is the provision of goods or services not involving monetary transactions.) SECTION 7 : BEST PRACTICES/LESSONS LEARNED Please share any best practices or lessons learned over the course of this project. What, if any, challenges arose while completing the project and/or what successes did the project achieve? SECTION 8 : DISSEMINATION OF RESULTS Did your project create/generate any material such as website, pamphlets, brochures, training, etc. that could be shared with partners? If yes, how do you plan on disseminating this information and/or material? 67i] PSIMS #: 23118 The information you provide is collected under the auspices of Public Safety Canada for the purpose of administering programs. The information collected will be subject to the Access to Information Act. The undersigned hereby certifies that the above information is in accordance with the Terms and Conditions of the funding agreement. Authorized Recipient Name: Signature: Date: 51 Rabic Safety Securft6puNique Canada Canada 011a a. Oanacra KIA OP8 Jonathan Taylor City Clerk / Director Legislative Services City of Saint John PO Box 1971 Saint John, New Brunswick E2L 4L1 Dear Jonathan Taylor: Thank you for the submission of your project under the Building Safer Communities Fund (BSCF). Public Safety Canada is pleased to provide funding in the amount of $197,299.24 to the City of Saint John for the City of Saint John — BSCF project. This project supports the Government's commitment to ensure safer communities across the country, and the Department is pleased to support your community -based efforts over the upcoming years. The Government of Canada is committed to ensuring that the funding it approves achieves measurable results for Canadians. To this end, your funding agreement will require that you submit reporting which details your project activities. Our regional office will work with you to ensure your understanding of all of the requirements, and to provide you with appropriate tools and supports. It is important that project work for which you would incur expenditures for reimbursement does not begin prior to the signature of the funding agreement by both parties. Thank you again for taking the time to apply to the BSCF. I wish you success in your efforts to address gun and gang prevalence in your jurisdiction by supporting community led projects to combat gun and gang violence and address knowledge gaps concerning the impacts of interventions in gun and gang violence, and I await the results of your project with great interest. Sincerely, Mauricette Howlett Director General, Programs Directorate Emergency Management and Programs Branch Canadila" 52 Public Works and Government Travaux publics et Services Services Canada gouvernementaux Canada ELECTRONIC PAYMENTS REQUEST FOR PWGSC SUPPLIERS Protected "A" when completed Protege e A b lorsque rempli DEMANDE DE PAIEMENT ELECTRONIQUE DESTINEE AUX FOURNISSEURS DE TPSGC Applies to sole proprietors only: Collection of the information requested on this form is voluntary. This information is collected for the purpose of offering Direct Deposit services to PWGSC suppliers and is important to facilitate the processing of your electronic funds transfer. Non -completion of this form will result in your cheque being processed manually, which may take longer. The personal information is maintained in Personal Information Bank number PSU 912 and is protected from disclosure in accordance with the provisions of the Privacy Act. Under the Privacy Act, you have the right to request access to your personal information and request corrections should you believe that your personal information is erroneous or incomplete. The records are retained for six years following the last administrative action and then destroyed. TYPE OF REQUEST New Amendment TYPE DE DEMANDE Nouveau Modification Direct Deposit Electronic Data Interchange (EDI) Depot direct Echange de donnees informatisees Large Value Transfer System (LVTS) SVStPrle de transfert de naiements rip orande valeur ISTPGVI A ('intention des entreprises it proprietaire unique seulement : La communication des renseignements demandes clans ce formulaire est facultative. Ces renseignements sont recueillis en vue d'offrir des services de depot direct aux fournisseurs de Travaux publics et Services gouvernementaux Canada (TPSGC), ils servent a realiser le transfert electronique des fonds qui vous sont destines. A defaut de remplir ce formulaire, vous recevrez un cheque dont le traitement, realise a la main, peut titre moins rapide. Les renseignements personnels sont verses a la base de renseignements personnels numero PSU 912 et proteges contre la divulgation conformement aux dispositions de la Loi sur la protection des renseignements personnels. Aux termes de cette loi, vous avez le droit de vous faire communiquer les renseignements personnels qui vous concement et de demander leur correction si vous jugez qu'ils sont errones ou incomplets. Les dossiers sont conserves pour une p6hode de six ans apres la demiere mesure administrative et ensuite detruits. Cancel Electronic Payments Annulation de paiements electroniques WIRE (International payments) Virement telegraphique (paiements internationaux) Payment in Lieu of Taxes (PILT) Paipmpnts vprses pn rpmnlacpmpnt d'imnAts IPFRII VENDOR INFORMATION - RENSEIGNEMENT SUR LE FOURNISSEUR Legal Name - Raison sociale Operating Name - Nom commercial Procurement Business Number (PBN) Numero d'entreprise - approvisionnement (NEA) Address - Adresse City -Ville Province Country - Pays Postal code - Code postal BANKING •' •N -INFORMATION Financial Institution No. Branch No. Account No. N° de l'insttution financiere No de la succursale No de compte Financial Institute Address - Adresse de ('institution financiere City -Ville Province Country - Pays Postal code - Code postal FOR WIRE PAYMENTS ONLY POUR LES VIREMENTS CABLES SWIFT Code - Code SW FT Bank Sort Code - Code de th bancaire Account Type - Type de compte Account No. - No de compte WIRE Instructions - Instructions pour virement telegraphique CONTACT/PAYMENT • • POUR LE PAIEMENT Name - No Telephone -Telephone Fax-Telecopieur Email Address - Courriel CONSENTPRIVACY • Authorization: 1, as the person entitled to receive payments, authorize Autorisation : En tant que beneficiaire des paiements, j'autorise le the Receiver General for Canada to deposit the payments Receveur general du Canada a deposer les paiements electronically into the account specified above until further notice. I electroniquement clans le compte precise ci-dessus, jusqu'a novel acknowledge that all the banking information provided will be captured ordre. Je reconnais que ('information bancaire fournie sera saisie clans into the Departmental Financial System. I have read and understand le systeme financier ministeriel. Sai lu et je comprends le present this form. formulaire. Name of Authorized Official - Nom de I'officiel autorise Title or Authority - Titre ou pouvoir Signature of Authority - Signature du responsable Date (Y-A - MM- DJ) ADMINISTRATIVE USE ONLY AD • Will any payment exceed $5,000.00? - Est-ce qu'un paiement excedera 5 000$? Banking Details entered into SIGMA- Details bancaires entres dans SIGMA Test transaction successful -written confirmation attached (excludes WIRE payments) Test de transaction reussi - confirmation ecrite ci-jointe (a 1'exception des virements telegraphique) Payments >$5K - Paiements superieurs 615 000$ Supplier profile "created" in Web SPS - Profil de fournisseur tree dans le SNP Web Supplier profile "authorized" in Web SPS - Profil de foumisseur autorise dans le SNP Web Supplier profile "confirmed "in Web SPS - Profil de foumisseur confirme dans le SNP Web Yes - Oui No - Non Yes - Oui No - Non Entered by. Entre' par : Yes - Oui No - Non Created by: Yes - Oui No - Non Cree par: Authorized by: Yes - Oui No - Non Autorise par: Yes - Oui No - Non Confirmed by: Confirme par: PWGSC-TPSGC 486 (05/2011) 53 Canada Procurement Business Number (PBN) Numeo d'entreprise - approvisionnement (NEA) All companies in Canada requesting electronic payment services must register for a special PBN Please contact "Business Access Canada" at 1-800-811-1148. Change of banking information If you change: - your financial institution, - the branch of you financial institution, or - your account number, you must complete a new "Electronic Payments Requests for PWGSC Suppliers" and send it to the PWGSC Business Line you are dealing with. Production Test Before PWGSC may issue regular electronic payments to any new bank account, a test transaction must be processed and the deposit confirmed by you. Need some help with this form? For information about electronic payments please contact the PWGSC Business Line you are dealing with. People who use a Telecommunication Device for the Deaf (TDD) Teletypewriter (TTY) should place calls with the assistance of Bell Relay Service (BRS) operators. PWGSC-TPSGC 486 (05/2011) Toutes les entreprises au Canada qui demandent des paiements electroniques doivent obtenir un NEA distinct. Veuillez communiquer avec Acces entreprises Canada, au 1-800-811-1148. Modification de ('information bancaire Si vous changez : - d'institution financiere; - de succursale; - de numero de compte; vous devrez remplir un nouveau formulaire « Demande de paiements electroniques pour les fournisseurs de TPSGC v et 1'envoyer au secteur d'activite de TPSGC avec qui vous traitez. Essai de production Avant que TPSGC puisse effectuer des paiements electroniques reguliers dans un nouveau compte bancaire, un test de transaction devra titre effectue, et vous devrez confirmer le depot. Besoin d'aide pour remplir ce formulaire? Pour tout renseignement sur les paiements electroniques, veuillez communiquer avec le secteur d'activite de TPSGC avec qui vous traitez. Si vous utilisez un appareil de telecommunication pour malentendants (ATME) ou un telescripteur (ATS), veuillez demander I'aide des telephonistes du Service de relais Bell (SRB) pour faire un appel. 54 PROCLAMATION - HERITAGE WEEK 2023 WHEREAS: the second week in February is provincially recognized as a time to celebrate our heritage; and WHEREAS: the third Monday in February is National Heritage Day in Canada; and WHEREAS: the complex histories which we have inherited from our ancestors play a vital role in providing a unique identity to our City; and WHEREAS: our built heritage provides us with a legacy to maintain, to enrich, and to hand down to future generations; and WHEREAS: our diverse cultural landscapes continue to play a vital role in developing the rich social fabric of our city; and WHEREAS: this year's theme: Discover our craftspeople. / Decouvrons nos artisans urges us to celebrate knowledge keepers in this community; NOW THEREFORE: I, Donna Noade Reardon, Mayor of Saint John, do hereby proclaim the week of February 20th-26th as Heritage Week in the City of Saint John and urge all citizens to support and participate in cultural activities occurring throughout the City. IN WITNESS WHEREOF: I have set my hand and affixed the official seal of the Mayor of the City of Saint John. 55 WHEREAS. Multiple myeloma, also known as myeloma, is the second most common blood cancer. On average, 11 Canadians are diagnosed with myeloma every single day, and this number has been steadily rising for over 15 years. According to Statistics Canada, the incidence of myeloma is increasing at a higher rate than any other type of cancer for males, and at the second highest rate for females. WHEREAS: In 2022, nine Canadian provinces and territories, and a record number of municipalities across the country recognized March as Multiple Myeloma Awareness Month, and/or the last Thursday in March as Myeloma Awareness Day. We are aiming to achieve nationwide recognition of Myeloma Awareness Month. WHEREAS: Myeloma develops in a type of immune cells called plasma cells responsible for producing antibodies which are critical for the effective functioning of our immune system. WHEREAS. Myeloma Canada has been striving to increase awareness of multiple myeloma for several years — this includes educating doctors on the symptoms so that patients may be diagnosed earlier as well as providing resources for patients, family and caregivers. WHEREAS. There are always risk factors related to cancer, and myeloma is no exception. Obesity and exposure to chemical carcinogens like pesticides are important contributors to the increasing number of Canadian cancer and myeloma cases. We need to make sure more Canadians are aware of this devastating disease, so that the increasing number of new myeloma cases can be more easily detected, treated earlier, and that myeloma patients can live longer and happier lives. WHEREAS: In recent years, tremendous advancements have been made in research. Despite the promise offered by innovative new therapies, a stark reality of living with myeloma remains: no matter how effective any treatment is patients will eventually relapse and need a new one. WHEREAS: By proclaiming March 2023 as Multiple Myeloma Awareness Month in Saint John, we can get one step closer to a cure and raise awareness for this disease that has taken the lives of far too many Canadians. NOW THEREFORE: I, Mayor Donna Noade Reardon, of Saint John do hereby proclaim March 2023 as Multiple Myeloma Awareness Month in the City of Saint John. In witness whereof I have set my hand and affixed the official seal of the Mayor of the City of Saint John. 56 k L. U =a)a)a)U) aa) CLa)a)a) o a)N N cn L ._ N N U) or) E U) U 70 70� DC CD 4) CCo >cn (.0 N 0 Cfl •L �� Q N � 00 � 0 Cfl 0 .L L L _ L ca cm E aLJ 0 L -0 (a � L � > E 0 cu m U Z (D >, co (1) a L Y 'D >4 Cl) cu C"U 777 Cl) cu .0 —1, -- = C= . PE Lo b 6 04 >i =(D =U) to TOM i i LU 0 C/) 06 E (1) 0 'CU r 9i CD r*.- TOM v . 4V M�l Q 0 AW -W Q ca 0 -I.- cn no K; I . I r---1 9 --F _7 I Lm *-A LL > Cl) 0 Cl) C W7,, i- XT N = }' L N W to 00 CL 0 C G �L U ���,��I�•.IIIii�... H ll.I. r' I 711 I'I I } Il is l s�� i b 3 ]!j i� I a -WWI I - rt- r r7fi NTOLL -� r as ,i 11Yd Plld1 1 II Cr 1il��l vii II �'li�! i OR � +� I�Ii�IIII�IiI� T yF<r ( �r Y—Jim MH7 �E�i 111]UIIV Staff Recommendation for Council Resolution File/Application: Zoning By -Law Text Amendment — Converted Accommodation Public Hearing: February 21, 2023 Item Required: Recommendation (Y/N) Municipal Plan No Amendment Zoning By -Law Yes That Common Council give 1St and 2nd reading to By -Law Amendment Number C.P. 111-XX a Law To Amend The Zoning By -Law of The City of Saint John. Other No 3rd Reading Proposed date for 3rd Reading March 6, 2023 Item: Required: Recommendation (Y/N) Municipal Plan No Amendment Zoning By -Law Yes That Common Council give 3rd reading to By -Law Number Amendment C.P. 111-XX a Law To Amend The Zoning By -Law of The City of Saint John. Recission of No Previous s. 39/s. 59 Conditions Section 59 No Conditions Section 59 No Agreement Section 131 No Agreement Other No 71 PLANNING ADVISORY COMMITTEE "V1 February 8, 2023 Her Worship Mayor Donna Noade Reardon and Members of Common Council The City of Saint John Your Worship and Councillors: SUBJECT: Zoning By -Law Text Amendment: Creation of the Converted Accommodation Use On January 9, 2023, Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its February 7, 2023 meeting. Jennifer Kirchner, Manager of Community Planning with Growth and Community Services, appeared before the Committee and provided an overview of the proposed amendment. Stephen Brittain, the applicant, appeared before the committee to agree with the staff recommendation and to speak in favor of the application. Mr. Brittain said that this application will help streamline the delivery of affordable housing for the most vulnerable population and aligns with City's call for action. No other persons appeared before the Committee. Following consideration of the presentation, and Staff Report, the Committee unanimously adopted the Staff Recommendation. RECOMMENDATION: That Common Council adopt the attached by-law amendment entitled "By-law No. C.P. 111-xx, A Law to Amend the Zoning By -Law of The City of Saint John." Respectfully submitted, �� 1 Brad Mitchell Vice Chair Attachments Page 1 of 1 72 o`. o 45. awrr Rcr�y darn o'Joavm W The City of Saint John Date: February 2, 2023 To: Planning Advisory Committee From: Growth & Community Services Meeting: February 7, 2023 SUBJECT Applicant: Iron Gate Construction Services (Stephen Brittain) Application Type: Zoning By-law Text Amendment Jurisdiction: The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed amendments to the Zoning By-law. Common Council will consider the Committee recommendation at a public hearing on Tuesday, February 21, 2023. EXECUTIVE SUMMARY The Community Planning Staff met with the applicant to discuss a potential affordable housing project that would convert a hotel structure into a multi -unit residential building. Based on these discussions, staff proposed the creation of a Converted Accommodation use, which would allow for the conversion of these buildings without the requirement of a possible rezoning and/or Municipal Plan amendment. Based on the guidance of staff, the applicant submitted an application to amend the City's Zoning By-law through the creation of a "Converted Accommodation Use" in the Corridor Commercial (CC) zone. The proposed use would facilitate the conversion of existing hotel/motel structures into dwelling units. Staff has developed the necessary definition and regulations for the use and are proposing to expand the use to other commercial zones that currently contain existing accommodation structures including the Uptown Commercial (CU), Business Park Commercial (CBP) and General Commercial (CG) zones. Page 1 of 6 73 City of Saint John Zoning By -Law: Converted Accommodation Use February 2, 2023 RECOMMENDATION 1. That Common Council adopt the attached by-law amendment entitled "By-law No. C.P. 111-xx, A Law to Amend the Zoning By -Law of The City of Saint John." ANALYSIS Proposed Amendment: The applicant and staff engaged in a discussion around the possibility of converting an existing hotel into affordable housing units and the planning approvals necessary to facilitate this type of housing project, with a specific focus on a property located within the Commercial Corridor (CC) zone. In general, Accommodation uses, such as hotels and motels, are permitted within commercial zones, which may or may not also permit the establishment of Dwelling Units. This creates a situation where some properties would require a rezoning in order to facilitate this type of use, whereas others would only require a building permit to facilitate the change of use. Based on this potential development project, staff recommended the creation of a new use and associated regulations to allow for the conversion of accommodation structures, which would create a streamlined and standardized mechanism for these types of housing projects. The benefit of establishing the Converted Accommodation use would be to eliminate the need for site specific rezonings, to facilitate a streamlined approach to housing creation and to support the implementation of the City's Affordable Housing Action Plan. In addition, staff are proposing to expand the use to include the Uptown Commercial (CU), Business Park Commercial (CBP) and General Commercial (CG) zones. Alignment with City Plans and Policies: Municipal Plan The establishment of the Converted Accommodation aligns with the general intent and policy direction established within the City's Municipal Plan. The following is a brief overview of some of the key policies that this amendment best aligns with. Section 5.2 outlines the General Housing policies established within the Plan and provides direction to Council in regards to housing. This includes the development of a wide range of housing types and forms (Policy HS-2) and promoting the inclusion of sustainable (`green') design elements in new residential development (HS-5). The proposed land use will create another opportunity for the creation of new housing units within the City but it also represents a sustainable opportunity to adaptively reuse accommodation structures to meet the City's housing needs. Section 5.3 specifically addresses Affordable Housing policies. Of particular note is policy HS- 12 which encourages the location of affordable housing throughout the Primary Development Area, and in close proximity to shopping, community facilities and transit lines. Due to the nature of the tourism industry, accommodation uses are often located in highly visible locations along key transportation routes, often in close proximity to a broad assortment of commercial uses. These areas typically correspond to transit routes, in order to provide regular service to these Page 2 of 6 74 City of Saint John Zoning By -Law: Converted Accommodation Use February 2, 2023 key areas. The proximity to these types of commercial uses/services and the transit network, would be considered beneficial for the placement of any multi -unit residential use. Zoning By-law The City's current Zoning By-law was adopted in late 2014. The current Zoning By -Law strives to provide a supportive and permissive zoning framework related to housing and has provided a framework for the conversions of larger single unit dwellings into multiple unit dwellings (Converted Dwelling). The Converted Dwelling use, much like the proposed Converted Accommodation use, supports the adaptive reuse of existing buildings in order to establish new dwelling units in an efficient and sustainable manner. Through the establishment of the Converted Accommodation use, the Zoning By-law will continue to provide new opportunities for the establishment of new dwelling units within the City. In addition, through the establishment of standard regulations and the addition of the use to a number of commercial zones it will provide a streamlined approach for those who wish to move forward with this type of development project. Council's Strategic Plan The proposed creation of the Converted -Accommodation use aligns with the following Outcomes and Objectives established in Council's Strategic Plan: Belong: • Facilitate a mix of affordable housing in all of our neighbourhoods. Green: • Align emerging trends and best practices to improve our response to climate change. Grow: • Grow our population at a rate of 2% annually by the end of Council's term. Affordable Housing Action Plan In the fall of 2022, the City adopted the Affordable Housing Action Plan, which establishes goals and action items to address the need for affordable housing within the City. One of the identified action items is to amend the Zoning By-law in order to support the development of affordable housing units. Staff have begun making strategic updates to the Zoning By-law to help increase housing affordability including the elimination of minimum floor areas for dwelling units in multiple unit dwellings, and streamline regulations related to the Converted Dwelling use. The proposed use will establish a new, streamlined method to convert hotel and motel structures into multi -unit residential buildings. This proposed process will eliminate the otherwise necessary rezoning process and would enable an applicant to move forward with applying for a Building Permit. As will be discussed below, conversion of accommodation structures has become a growing trend and has been utilized to provide dwellings for seniors, students, and those seeking affordable housing across the North America. Page 3 of 6 75 City of Saint John Zoning By -Law: Converted Accommodation Use February 2, 2023 Converted Accommodation Use The proposed amendments will establish a definition, outline the permitted zones for the use and establish specific criteria required for the conversion of an accommodation structure into a multi -unit dwelling. Definition Converted Accommodation means a building originally constructed as an accommodation that has been partially or fully converted into a multi -unit dwelling. Zones It is proposed that the Converted Accommodation be included as a permitted use in the Corridor Commercial (CC), Uptown Commercial (CU), Business Park Commercial (CBP) and General Commercial (CG) zones. These zones represent the main locations of accommodation structures within the City. Development Criteria Section 9.22 Converted Accommodation, will provide the following specific criteria to allow these conversions, which would be accomplished through a building permit: Where permitted by this By-law, an accommodation building may be converted, in part or in full, into a multi -unit dwelling subject to the following requirements: a) The building shall have been erected before January 1, 2023; b) The building shall be serviced by municipal sanitary sewer and municipal water; c) In accordance with 6.3, amenity space shall be provided for any conversion establishing six or more dwelling units; d) In accordance with Part 4, there shall be at least one on -site parking space for each dwelling unit in addition to those required for any other uses of the lot; e) No animal shelter; bar, lounge or nightclub; cannabis processing facility; garden suite; industrial use, special; kennel; redemption centre; secondary suite; service station; vehicle body and paint shop or vehicle repair garage is permitted in any building on the lot. In regards to the proposed 9.22 (e), the rationale for the established uses being prohibited from co -location on the site are broken down in the following chart. The uses specifically mentioned are those that are included as permitted use in at least one of the proposed commercial zones (CC, CU, CBP or CG zones). Some of the uses have current restrictions prohibiting the location of the use within a specified proximity to a residential zone, or could be considered incompatible with a multi -unit residential building. It is believed that these restrictions will help ensure that the new site development is suitable and supports the transition from commercial to residential usage. Page 4 of 6 76 City of Saint John Zoning By -Law: Converted Accommodation Use February 2, 2023 Use Zone Permitted Rationale Animal Shelter CC An animal shelter would not be compatible with a multi -unit residential use. Bar, Lounge or CC, CU, CBP, CG The four zones prohibit the use to be located Nightclub within proximity (30m and 60m) of a residential zone. Due to this, it should not be permitted on the same lot as a residential use. Cannabis CBP As no lot containing a cannabis production facility Processing Facility can be located within 150m of any residential zone, it should not be permitted on the same lot as a residential use. Garden Suite CU, CG Garden Suites are not permitted on lots containing a multi -unit dwelling. Industrial Use, CBP An Industrial use (special), would not be Special compatible with a residential use. Kennel CC A kennel would not be considered compatible with a multi -unit residential use. Redemption CC A redemption centre would not be compatible with Centre a residential use. Secondary Suite CG Secondary Suites are not permitted in multi -unit dwellings. Service Station CC, CG As the use cannot be located adjacent to a Residential Zone, it should not be permitted on the same lot as a residential use. Vehicle Body and CC As the use cannot be located adjacent to a Paint Shop Residential Zone, it should not be permitted on the same lot as a residential use. Vehicle Repair CC, CG As the use cannot be located adjacent to a Garage Residential Zone, it should not be permitted on the same lot as a residential use. Hotel Conversions — A Broader Housing Trend COVID-19 hit the tourism industry hard, resulting in occupancy plummets for the hotel industry. While there has always been a hotel -conversion movement, it was the pandemic that highlighted this as an opportunity to create a range of housing units that can serve a variety of populations including seniors, students, and those in need of affordable housing units. In addition, some cities have secured hotels for use as temporary housing to reduce the strain on the existing shelter systems.2 Canada's hotel industry hammered by COVID-19 industry hammered by COVID-19 I CBC News 2 Turninq old hotels into new housing. TVO Today TVO Today CBC News. March 21, 2020. Canada's hotel June 24, 2020. Turninq old hotels into new housinq I NO Page 5 of 6 City of Saint John Zoning By -Law: Converted Accommodation Use February 2, 2023 The City of Edmonton is just one community that is benefiting from this type of housing project. In August 2021, the city announced that four hotels will be converted to supportive housing units, creating 360 new dwelling units. 3 An earlier round of the Canada Mortgage and Housing Corporation's Rapid Housing Initiative awarded $14 million towards two of these projects, which will create 138 units.4 It should be highlighted that while these examples represent the conversion of larger multi-storey hotel buildings, these types of projects could also be undertaken on a smaller scale in the traditional one -storey roadside motels that are also found across the City. Conclusion The proposed creation of the Converted Accommodation and associated regulations establish a new streamlined method for the creation of multi -unit residential buildings within the City. Through this sustainable approach to development, underutilized buildings can be reimagined. This proposal conforms to the policy direction in the Municipal Plan and supports the implementation of the City's Affordable Housing Action Plan. ALTERNATIVES AND OTHER CONSIDERATIONS No other alternatives have been considered. ENGAGEMENT City Notice of the Public Hearing for the proposed By -Law amendment was posted on the City of Saint John website on January 30, 2023. APPROVALS AND CONTACT Author I Commissioner Jennifer Kirchner, MCIP, RPP I Jacqueline Hamilton, MCIP, RPP Contact: Jennifer Kirchner Telephone: (506) 639-7933 Email: Jennifer. Kirchner@saintjohn.ca APPENDIX Attachment 1: By-law No. C.P. 111-xx, A Law to Amend the Zoning By -Law of The City of Saint John 3 Edmonton plans to convert four hotels into supportive housinq units. CBC. August 16, 2021 Edmonton clans to convert four hotels into new supportive housina units I CBC News 4 Renovations underway to convert 2 former Edmonton hotels into affordable housinq units. Global News. November 3, 2022. (1) Renovations underway to convert 2 former Edmonton hotels into affordable housinq units - Edmonton I Globalnews.ca Page 6 of 6 78 k n, I W �--+ cn 0) :3 C � O 0 � — cn ow E O 0 O cu c� o 0 �E }, 0C) cn0 �0 C6 0� -0 _r 0 0� >0 O U E O E C,a'x '— 00 ��0 a- CU C6a) E U 0 Q0� ,0� cn � C6 U C6� �-1-5 O cu a) cu o < cn cn 0 cn 0 O a):c: 0�0 +�•� >�•� - �� a) E c: > m 0 :3 ".0 0 tf :3 a) L) -0 cu 0-0 O CU�� :3 _0 cn �'cnm U 0 C6 C6 CU 0 0 O C6 m cn C6 � � �� 0 0 C6 C6 -0 — CU " 0-0 -04'0 0 E-- -- cn� O cn > cp a) _0 0 E w o E cn C6 0 0 0 cn 0 0 � 0 V+�+ �V E O V+�+ � cc0 m:3 n m:3 O ca 0 E E O U U Q 0 tf a) O LN L O Q a) a) cn 0 ca 0 0 c�a cn ca 0 2 cn U E m O 0 tf a) O U N Q r. 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O Q t�:: Q N— Q O Q -1--a .L- Q 0) N O C: C .� E O cn -r- > L O O C: CL Co ' m Ncn O � � N cn C O = Co CD- CL O N CL cn •— p O O 4 U O C: +r �� Co N C N E ca 0 m , L mCo- C: cm O -t C O .� CL N v o • .E cm a� a mej O cn �J O r ui O °' ■� O N N o L C: C: O O m � U � O O E C� E 4� ° U � � U � DC Q a cn .C: Q > O U U cn O o4-0 o N °n o to ai o - O cn - O a w o cn U W U Bevil b`Pq"1'eqt Sho.�i 0 or General Aupliootion Form GROWTH & COMMUNITY SERVICES LOCATION CIVIC ADDRESS: PID J., N HERITAGE AREA: Y / N INTENSIFICATION AREA: Y / N FLOOD RISK AREA: Y / N APPROVED GRADING PLAN: Y } N a APPUCATI ON #: DATE RECEIVED: n �� h- '^ RECEIVED BY: APPLICANT EMAIL PHONE Iron Gate Construction Services (Stephen Brittian) stephen@irongatesj.ca 506- 7-3228 z O MAI LING ADDRESS POSTAL CODE a 29 Canterbury St - Box 1000 E2L 2c4 or 6 CONTRACTOR EMAIL PHONE O IL z — I— MAILING ADDRESS POSTAL CODE z Q U OWNER EMAIL PHONE O- il, Q MAILING ADDRESS POSTAL CODE PRESENT USE: PROPOSED USE - BUILDING PLANNING INFRASTRUCTURE HERITAGE QINTERIOR RENOVATION NEW CONSTRUCTION []VARIANCE STREET EXCAVATION HERITAGE DEVELOPMENT Q F]EXTERIORRENOVATION nACCESSORYBLDG []PLANNING LETTER [:]DRIVEWAY CULVERT HERITAGE SIGN ADDITION POOL EIPACAPPLICATION DRAINAGE 1:1 HERITAGE INFILL Q DECK DEMOLITION COUNCIL APP WATER & SEWERAGE HERITAGE DEMO sCHANGE OF USE SIGN SUBDIVISION OTHER OTHER OMINIMUM STANDARDS OTHER OTHER ti Blanket Text Amendment for the Commercial Corridor Zone z O Amendment being: to permit the conversion of a former hotel/motel into dwelling units. Doing so le I_ O Will d11VW FTIU1111 affordable housing in Saint duhn wilitout Ut:bb. a 3 - c F-1I consent to the City of Saint John sending tome commercial electronic messages, from time to time, regarding City initiatives and incentives. General C'ollecrion lrafemenr Mrs Information is hearg collected in order for the ('try of.Samr John to dehr•er an ea.mng program service the collection is hunted to that rrhrch is necessary to deliver the program sen ice i vrlrss required to do so hS lax The ' iry of.Saine John will taut share pour persona. urforrrrarton with ant ihrrd fern w rrhow wtur express Lveisew The legal authortrp.ftr c4lecting tits infarntatum is to he fount! in the bhinicipahues Act and the Right rep Inforntanon and Prorecnun 4."rwacy Act F-v ftrther information ar quesrrnts regarding the : oRrenon of personal a0wriwaan please contact the Ac vss rK I'rn acy Officer d'rry Hall Budding 15 Marker Square Saint Jahn. N8 P 11. l FN cormnoncierknasam ^non.ca (506) 658-1861 rrc4f�raler L the undersigned, hereby apply for the permit(s) or approvoffs), indicated above for the work described on plans, submissions and forms herewith submitted. This applicatio includes off relevant documentation necessary for the applied for permit or approval(sj. I agree to comply with the plans, specifications and f r agree to comply with all relevant Ci By-laws and Vnsimpase .ant ame Applicant Signal re Do e EiTi.7 fi. UPI ion t Shop �1 Viol Councll Application GROWTH & COMMUNITY SERVICES CITY OF SAINT JOHN CIVIC ADDRESS I APPLICATION # I FEE PAID Y N TYPE OF APPLICATION Land for Public Purposes Non -Conforming Use Satisfactory Servicing Release Service Fee: $200 service Fee: $200 Service Fee: $300 ❑ Section 59 Amendment FV71 Zoning By-law Amendment Zoning By-law Amendment with Service Fee: $2,650 Service Fee: $2,650 a Municipal Plan Amendment Service Fee: $3,700 DETAILED DESCRIPTION OF APPLICATION Where applicable, indicate the changes to existing Section 39 conditions, zoning, or Municipal Plan designation being requested. Attach site plans, building elevations, floor plans, and other documentation to fully describe the application. The submission of a preliminary proposal and a Pre -Application Meeting is encouraged prior to seeking approval. Please contact the One -Stop Development Shop at (506) 658-2911 for further information. Blanket Text Amendment for the Commercial Corridor Zone Amendment being: to permit the conversion of a former hotel/motel into dwelling units. Doing so will allow more affo—rda6le housing In Saint John wihtout requiring a rezoning process. (ENCUMBRANCES J Describe any easements, restrictive covenants, and other encumbrances affecting the land. AUTHORIZATION As of the date of this application, I, the undersigned, am the registered owner of the land described in this application or the authorized agent thereof, and I have examined the contents of this application and hereby certify that the information submitted with the application is correct insofar as I have knowledge of these facts, and I hereby authorize the applicant to represent this matter and to provide any additional information that will be necessary for this application. Registered Owner or Authorized Agent Additional Registered Owner Date Date The information contained in this application and any documentation, including plans, drawings, reports, and studies, provided in support of this application will become part of the public record. E:�l AdOO 1NVMd3W aowm 1 inOA vmi N3010N003 H119 1N3N33b01 S,b30SSl Hilo 33"Q103's N 1M101 INS 830S31 M 01 Sill" 13010HOW3 NId 03`31HA V 9 1131N3 11 00 83 ISl 00 08 00 08 00 :HAl 0L01EO000OWOV M 1P2a0 esIA U3r\ONddd 00'099`Z$ INnowd 44f., flff{}H d.mo YSIA N9%90 3300 Hd" ` CM040 MOM NdH LOOE00 :# 401e9 BOOOM WAH £00 .CIl UVO99 :am 3'1VS =899909 MIZ3 9N `NHOf 1NIVS 19 11VH A110 U4 X09 Od NHOf IMVS A0 A110 I O O O O I F I o 0 z I n :n I cj W � I Y11 (\ 2: W < I I C, z a. a I o C N J U I E O t Z v 4 + E C I C E- a z a L•' W is t IL' I ' N rl a y U I U1. F a U z z O 0 0 ul 4: W O E C .0 U; U F M i I h W W U cc E i F x E rr) i 4 z ! E- O F a 3 0 I z [o c ? 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O z In I z ❑ til 1 O ❑ I N U U 7 G, W W .. - n '] W W 0 0 E.3 w14 P. a u4 ox V. i cc w a C 0 U �A a N O W � �v �z Fx1 rrA N ao 00 Ln yC. � O o 04 Cd R+ Vi v I C D Ll1 CC c_ 6 w L W LU � U U � w a lil � tY U co mDo 0 o N LL W r ? w w CO F-- OLL X CO W -iW WZ ZW W0:t 5"0m O-WowQx—u wapd,WaV0 zWWz�<'� (>Wpaoaa'FW X < 0.(nz ww=QaWO� 0(n02Q-jUa Q Q �W¢ a�wz 0.0��Wm� ~mZWW0 wom IWPw Wzxmo-WWWO00- ~ =�awr Hzar E:1:3 PROPOSED ZONING BY-LAW AMENDMENT RE: CONVERTED ACCOMMODATION USES 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 Tuesday, February 21, 2023, at 6:30 p.m. The amendment will establish a new land use definition "converted accommodation" to enable the conversion of an existing accommodation establishments into dwelling units, and to add the use to the Uptown Commercial (CU), Business Park Commercial (CBP), Commercial Corridor (CC), and General Commercial (CG) zones. The proposed use will facilitate the conversion of accommodation structures into dwelling units in a number of commercial zones. This will help facilitate the development of new dwelling units, including affordable housing units to meet the City's established housing needs. 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 Written objections to the amendment may be sent to the undersigned at City Hall. If you require French services for a Common Council meeting, please contact the office of the Common Clerk. Jonathan Taylor, Common Clerk (506) 658-2862 E-lue PROJET DE MODIFICATION DE L'ARRETE DE ZONAGE OBJET : USAGES D'HEBERGEMENT CONVERTIS Par les presentes, un avis public est donne par lequel le conseil communal de The City of Saint John indique son intention de modifier 1'arrete de zonage de The City of Saint John, lors de la reunion ordinaire qui se tiendra dans la salle du conseil le mardi 21 fevrier 2023, a 18 h 30. L'amendement etablira une nouvelle definition de ('utilisation des terres " hebergement convertis" pour permettre la transformation d'etablissements d'hebergement existants en unites d'habitation, et d'ajouter ('utilisation des zones Zone commerciale du centre-ville (CU), Zone commerciale — Pares d'affaires (CBP), Zone commerciale de corridor (CC) et Zone commerciale generale (CG). L'utilisation proposee facilitera la conversion de structures d'hebergement en logements dans plusieurs zones commerciales. Cela aidera a faciliter le developpement de nouveaux logements, y compris des logements abordables pour repondre aux besoins etablis de la Ville en matiere de logement. Pour plus de details sur la fagon d'inspecter la modification ou pour vous inscrire pour participer, veuillez contacter le Bureau du greffier commun a CommonClerk@saintjohn.ca. Les objections ecrites a la modification peuvent titre fournies par ecrit et/ou verbalement lors de I'audience publique qui sera tenue par le conseil municipal. Pour vous inscrire a I'audience, veuillez contacter le bureau du greffier municipal a l'avance a commonclerk@saintjohn.ca Veuillez faire part de vos objections au projet de modification par ecrit a I'attention du soussigne a ('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 0I91 BY-LAW NUMBER C.P.111-XX A LAW TO AMEND THE ZONING BY-LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: ARRETE No C.P. 111-XX ARRETE MODIFIANT L'ARRETE DE ZONAGE DE THE CITY OF SAINT JOHN Le conseil communal de The City of Saint John, 6tant r6uni, 6dicte ce qui suit : The Zoning By-law of The City of L'Arrete de zonage de The City of Saint John enacted on the fifteenth day of Saint John, 6dict6 le 15 d6cembre 2014, est December, A.D. 2014, is amended by: ainsi modifi6 : 1. Section 3.1 is amended by adding the definition for "converted accommodation" as follows: "converted accommodation means a building originally constructed as an accommodation that has been partially or fully converted into a multi -unit dwelling." 2. Section 9.22 is added as follows: "Where permitted by this By-law, an accommodation building may be converted, in part or in full, into a multi- unit dwelling subject to the following requirements: (a) The building shall have been erected before January 1, 2023; (b) The building shall be serviced by municipal sanitary sewer and municipal water; (c) In accordance with 6.3, amenity space shall be provided for any conversion establishing six or more dwelling units; (d) In accordance with Part 4, there shall be at least one on -site parking space for each dwelling unit in addition to those required for any other uses of the lot; (e) No animal shelter; bar, lounge or nightclub; cannabis processing facility; garden suite; industrial use, special; kennel; redemption centre; secondary suite; service station; vehicle body and paint shop or vehicle repair garage is permitted in any building on the lot." 1. L'article 3.1 est modifi6 par adjonction de la definition du terme « h6bergement transform6 » qui suit : h6bergement transforms » Batiment construit a l'origine pour servir d'hsbergement qui a depuis 6t6 partiellement on entierement transform6 en habitation multifamiliale. 2. Le nouvel article 9.22 qui suit est ajout6 : La oir le pr6sent arr6t6 le permet, un batiment servant d'hsbergement pent titre transforms, entierement on partiellement, en habitation multifamiliale, sous r6serve des conditions suivantes : a) le batiment doit avoir 6t6 6difi6 avant le I' janvier 2023; b) le batiment doit &re desservi par les rsseaux municipaux d'6gouts et d'alimentation en can; c) conformsment a Particle 6.3, un espace d'agrsment doit titre am6nag6 dans le cas de tome transformation 6tablissant six logements on plus; d) conform6ment a la partie 4, it doit y avoir an moins un emplacement de stationnement sur les lieux pour chaque logement en plus de ceux exig6s pour les autres usages exerc6s sur le lot; e) les refuges pour animaux, bars, salons -bars on boites de nuit, installations de transformation du cannabis, pavillons jardins, usages industriels particuliers, chenils, centres de remboursement, logements accessoires, stations - service, ateliers de d6bosselage et de peinture de v6hicules et garages de r6paration de v6hicules ne sont permis dans aucun batiment situ6 sur le lot. 91 3. Section I is amended by adding to Table 11-1 the following words under the following headings: Use Zone Permitted Converted CC, CU, CBP, CG Accommodation 4. Subsection 11.1(1) is amended by adding the words "Converted Accommodation" immediately before the words "Cultural Establishment" 5. Subsection I IA(1) is amended by adding the words " Converted Accommodation" immediately before the words " Day Care Centre" 6. Subsection 11.5(1) is amended by adding the words "Converted Accommodation" immediately before the words "Day Care Centre" 7. Subsection 11.7(1) is amended by adding the words "Converted Accommodation" immediately before the words "Day Care Centre" 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. 2023 and signed by: 3. L'article 11 est modifis par adjonction, an tableau 11-1, de cc qui suit sous les rubriques suivantes : Usage Zone ou permis Hsbergement CC,CU,CBP,CG transforms 4. Le paragraphe 11.1(1) est modifis par insertion de « hsbergement transforms; » immsdiatement avant installation de communication; v. 5. Le paragraphe IIA(1) est modifis par insertion de « hsbergement transforms; » immsdiatement avant installation de communication; ». 6. Le paragraphe 11.5(1) est modifis par insertion de « hsbergement transforms; » immsdiatement avant installation de communication; ». 7. Le paragraphe 11.7(1) est modifis par insertion de « hsbergement transforms; » immsdiatement avant « institution fmanci&e; ». EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le prssent arrsts le 2023, avec les signatures suivantes : Mayor/Maire Common Clerk/Greffier communal First Reading - Premiere lecture Second Reading - Deuxisme lecture Third Reading - Troisisme lecture 92 Staff Recommendation for Council Resolution Property: 54-58 Broad Street and 57 Broadview Ave Public Hearing: February 21, 2023 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 400 square metres, located at 58 Broad Street and 67 Broadview Avenue, also identified as a portion of PIDs 55083067 and 00000224 from Neighbourhood Community Facility (CFN) to Urban Centre Residential (RC). Other No 3rd Readina: Tentative Date is March 6. 2023 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 400 square metres, located at 58 Broad Street and 67 Broadview Avenue, also identified as a portion of PIDs 55083067 and 00000224 from Neighbourhood Community Facility (CFN) to Urban Centre Residential (RC). Recission of Yes That Common Council rescind the Section 59 conditions Previous s. 39/s. imposed on the November 15, 2021 rezoning of the property 59 Conditions located at 54 Broad Street, also identified as PID Numbers 00000232and 55086151. Section 59 Yes That Common Council, pursuant to the provisions of Section Conditions 59 of the Community Planning Act, impose the following conditions on the parcel of land having an area of approximately 1025 square metres, located at 54-58 Broad Steet and 67 Broadview Avenue also identified as PID 019] Numbers 00000232 and 55086151 and a portion of PID Numbers 55083067 and 00000224: 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, and that the elevation and site plans be attached to the permit application for the development of the parcel of land. b. 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 by the city. Section 59 No Agreement Section 131 No Agreement Other No �L! PLANNING ADVISORY COMMITTEE February 8, 2023 The City of Saint John Her Worship Mayor Donna Noade Reardon and Members of Common Council Your Worship and Councillors: SUBJECT: Rezoning and Section 59 Amendment for 54-58 Broad Street and 57 Broadview On January 9, 2023, Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its February 7, 2023 meeting. Jennifer Kirchner, Manager of Community Planning with Growth and Community Services, appeared before the Committee and provided an overview of the proposed amendment. Seth Asimakos, on behalf of Kaleidoscope Social Impact, appeared before the Committee and expressed agreement with the staff recommendation. Mr. Asimakos elaborated on the use of the adjacent church and the cohesiveness of the entire development, including the sizes of the apartments and the aim to support different family structures with the affordable units. No other persons appeared before the Committee and no letters were received regarding the proposal. Following consideration of the presentations and Staff report, the Committee unanimously adopted Staff Recommendation RECOMMENDATION: 1. That Common Council rezone a parcel of land having an area of approximately 400 square metres, located at 58 Broad Street and 67 Broadview Avenue also identified as a portion of PIDs 55083067 and 00000224 from Neighbourhood Community Facility (CFN) to Urban Centre Residential (RC). Page 1 of 2 95 Kaleidoscope Social Impact 54-58 Broad St. & 67 Broadview Ave. February 8, 2023 2. That Common Council rescind the Section 59 conditions imposed on the November 15, 2021, rezoning of the property located at 54 Broad Street, also identified as PID Numbers 00000232 and 55086151. 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 1025 square metres, located at 54-58 Broad Steet and 67 Broadview Avenue also identified as PID Numbers 00000232 and 55086151 and a portion of PID Numbers 55083067 and 00000224: (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, and that the elevation and site plans be attached to the permit application for the development of the parcel of land. (b) 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 by the City. Respectfully submitted, Brad Mitchell Vice Chair Attachments Page 2 of 2 96 o`. o 45. awrr Rcr�y darn o'Joavm W The City of Saint Jahn Date: February 2, 2023 To: Planning Advisory Committee From: Growth & Community Services Meeting: February 7, 2023 SUBJECT Applicant: Kaleidoscope Social Impact Landowner: Kaleidoscope Social Impact Location: 54-58 Broad Street and 67 Broadview Avenue PID: 55086151, 00000232, 55083067 (portion), 00000224 (portion) Plan Designation: Medium to High Density Residential Existing Zoning: Neighbourhood Community Facility (CFN), Urban Centre Residential (RC) Proposed Zoning: Urban Centre Residential (RC) Application Type: Rezoning and Section 59 Amendment Jurisdiction: The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed amendments to the Zoning By-law and proposed amendments to Section 59 conditions. Common Council will consider the Committee's recommendation at a public hearing on Tuesday, February 21, 2023. Page 1 of 7 97 Kaleidoscope Social Impact 54-58 Broad Street and 67 Broadview Avenue February 2, 2023 EXECUTIVE SUMMARY The applicant has applied to rezone the subject site and amend the Section 59 conditions that apply to a portion of the site to allow for the construction of a multiple unit building containing 38 affordable housing units. Approval of the rezoning is recommended as the proposed density and building forms conform to the policies established in the Municipal Plan and the requested Urban Centre Residential (RC) zoning. RECOMMENDATION 1. That Common Council rezone a parcel of land having an area of approximately 400 square metres, located at 58 Broad Street and 67 Broadview Avenue also identified as a portion of PIDs 55083067 and 00000224 from Neighbourhood Community Facility (CFN) to Urban Centre Residential (RC). 2. That Common Council rescind the Section 59 conditions imposed on the November 15, 2021, rezoning of the property located at 54 Broad Street, also identified as PID Numbers 00000232 and 55086151. 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 1025 square metres, located at 54-58 Broad Steet and 67 Broadview Avenue also identified as PID Numbers 00000232 and 55086151 and a portion of PID Numbers 55083067 and 00000224: (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, and that the elevation and site plans be attached to the permit application for the development of the parcel of land. (b) 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 Page 2 of 7 98 Kaleidoscope Social Impact 54-58 Broad Street and 67 Broadview Avenue February 2, 2023 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. DECISION HISTORY On November 15, 2021, Common Council rezoned for the property at 54 Broad Street (PID Numbers 00000372, 000002328, and 55086151) from Neighbourhood Community Facility (CFN) to Urban Centre Residential (RC). The rezoning was subject to the following Section 59 condition which applies to PID Numbers 00000372, 00000232, and 55086151: a. That the development and use of the parcel of land be in accordance with a detailed site plan, prepared by the proponent and subject to the approval of the Development Officer, illustrating the design and location of buildings and structures, garbage enclosures, outdoor storage, driveway accesses, vehicle parking. loading areas. landscaping, signs, exterior lighting, and other such site features. ANALYSIS Proposal The applicant is proposing to rezone a 400 square metre portion of the site from Neighbourhood Community Facility (CFN) to Urban Centre Residential (RC) to allow for the construction of a multiple unit building in the southern potion of the site. The proposed building will contain 38 affordable housing units with the proposed building having a height of four stories. Plans provided with the application have pedestrian entrances from the internal area of the development site and the corner of Carmarthen Street and Broadview Avenue with a shared driveway access being provided from Broad Street, via the existing driveway located at 54 Broad Street. The building will provide a mix of bachelor, one -bedroom, two -bedroom, and three -bedroom units. Construction is anticipated to commence in 2023 with completion in late- 2024. Site and Neighbourhood The site is approximately 1025 square metres in area and is located at the northwest corner of Carmarthen Street and Broadview Avenue. The existing property boundaries would be reconfigured to provide a separate lot for the proposed building. The applicant will retain lands immediately north of the proposed buildings that will house the former church and rectory. The former church is undergoing redevelopment to transform the building into a creative hub, called the Brickyard Creative. The transformation of the Rectory is planned as the last phase of the redevelopment project and is currently being considered for occupancy by a non-profit. The broader area contains a mix of residential, commercial and institutional uses. The Federal Armoury is located south of the site on the opposite side of Broadview Avenue, with an area of commercial development located further to the west along Broadview Avenue and Sydney Street. Residential uses are generally located to the north and east of the site and contain a mix of residential densities including single, and two -unit dwellings along with multiple unit dwellings. Page 3 of 7 99 Kaleidoscope Social Impact 54-58 Broad Street and 67 Broadview Avenue February 2, 2023 The subject site is currently zoned Neighbourhood Community Facility (CFN), and Urban Centre Residential (RC). Zoning of the surrounding neighbourhood is generally Urban Centre Residential (RC), Business Park Commercial (CBP), Neighbourhood Community Facility (CFN), and Major Community Facility (CFM). The site is also in proximity (approximately 300 metres) to Rainbow Park and the proposed site of the Central Peninsula School. Municipal Plan, CPSP and Rezoning Municipal Plan and Central Peninsula Secondary Plan (CPSP) The site is designated as Medium to High Density Residential in the Municipal Plan. The Medium to High Density Residential designation is intended for higher density housing forms such as the development proposed for the site and corresponds with the South End Intensification Area established in Schedule A of the Municipal Plan. Over the horizon of the Plan, 45% of all new development is intended to occur in these urban intensification areas. This direction provides support for the development of a multiple unit building as proposed by the applicant. With regards to the Secondary Plan, the site is located in the South Waterfront area of the South End. Key directions for the South Waterfront include: • Development of new infill, mixed -use development to feature contemporary architecture that takes advantage of expansive views of the inner harbour. • Low to mid -rise buildings that step down to the South Waterfront with varying setbacks depending on existing and proposed built form. • A combination of on -street, surface, and structured parking to accommodate residents, employees, and visitors. • Improved public realm connections to the South Waterfront, including new pedestrian crossings on Broad Street. • New large civic buildings that provide education, cultural, and recreation opportunities for residents, employees, and visitors. The proposed development aligns with Municipal Plan policies related to affordable housing and also aligns with the direction of the Affordable Housing Action Plan recently released by the City. 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 will provide affordable housing within an Intensification Area. This infill development conforms to a key direction established in the Municipal Plan. proposal also conforms to other key criteria for assessing new development including: • Compatibility with Existing Development: The proposed building massing responds to the former church and rectory located on the development site and adjacent developments including the Armoury and the three -storey residential building located east of the site. Page 4 of 7 100 Kaleidoscope Social Impact 54-58 Broad Street and 67 Broadview Avenue February 2, 2023 Adequacy of Servicing and Transportation: Water and sanitary sewer capacity exists for the proposed development. The neighbourhood is also served by transit (Route 21 South End/ St. Joseph's) that provides weekday and Saturday service. As the site is located within an Intensification Area, it represents the infill of a site along an arterial roadway corridor where services exist. Building Design: The massing of the proposed building is consistent with buildings in the neighbourhood surrounding the development. The former church and rectory located adjacent to the proposed building along with the Armoury and an existing multiple unit building located on opposite sides of the intersection have similar heights. The Urban Centre Residential (RC) zone places requirements on fagade design. The proposal represents an opportunity to provide affordable housing within an Intensification Area. From the above summary and the analysis of conformance with the Municipal Plan and Secondary Plan policies (Attachment 2), staff are of the opinion that the proposed development achieves the intent of the Municipal Plan based on the density, the proposed uses, and the building form in the proposed development. Rezoning The applicant is seeking a rezoning of a 400 square metre portion of the site from Neighbourhood Community Facility (CFN) to Urban Centre Residential (RC) to allow for the construction of the proposed buildings. This will result in the southern half of the site, along Broadview Avenue, having RC zoning. The proposed building will be four stories in height, which conforms to the 14-metre maximum height established through Schedule G of the Zoning By -Law (Central Peninsula Maximum Building Heights). Standards of the RC zone are generally met, however, it is anticipated that variances for reduced lot frontage, and yard setbacks may be required through the Development Officer variance process following completion of detailed design and subdivision of the site. Parking would be provided on the combined site for the proposed residential units and the land uses within the former church and rectory. The 38 affordable dwelling units will require ten parking spaces. Amenity spaces for the dwelling units will be provided via balconies, a rooftop terrace, and an outdoor amenity area located in the central portion of the overall site. Servicing and Traffic The proposed development has been reviewed by the City's Infrastructure Development Service Area and Saint John Water with respect to water and sanitary sewer servicing and stormwater management. Consistent with By -Law requirements, a site servicing plan, completed by a Professional Engineer, is required at or prior to the building permit submission detailing the water and sanitary sewer servicing for the site. No concerns were identified with respect to water and sewer servicing or traffic impacts of the proposed development. Page 5 of 7 101 Kaleidoscope Social Impact 54-58 Broad Street and 67 Broadview Avenue February 2, 2023 A storm water management plan is also a requirement detailing the approach to mitigate 100- year post development flows to the 5-year predevelopment flow level. This is recommended as a Section 59 condition along with the standard requirement that 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. Fire and Emergency Services Fire and Emergency Management Services is supportive of the overall concept and note the development must meet or exceed all requirements of the 2015 National Building and Fire Codes. Fire safety plans will be required for the construction and occupancy stages of the project and the building design is subject to review and approval by the Provincial Office of the Fire Marshall as required by the provincial Fire Prevention Act. Additional Section 59 Conditions Staff also recommend a Section 59 condition requiring the detailed site and building plans to be submitted with the Building Permit application. Conclusion The proposed development conforms to the policy direction in the Municipal Plan and meets the standards provided in the Zoning By -Law subject to Development Officer variances. The proposed development will move forward the objectives of the City's Affordable Housing Action Plan, through the creation of 38 new affordable housing units. Approval of the rezoning is recommended subject to Section 59 conditions. ALTERNATIVES AND OTHER CONSIDERATIONS No alternatives are proposed. ENGAGEMENT City In accordance with the Committee's Rules of Procedure, notification of the proposal was mailed to landowners within 100 metres of the subject property on February 26, 2023. Notice of the rezoning was posted on the City of Saint John website on January 30, 2023. APPROVALS AND CONTACT Author Manager/Senior Planner Commissioner Mark Reade, P.Eng., MCIP, RPP Jennifer Kirchner, MCIP, RPP Jacqueline Hamilton, MCIP, RPP Contact: Mark Reade Telephone: (506) 721-0736 Email: Mark.Reade@saintjohn.ca Application: 23-0012 Page 6 of 7 102 Kaleidoscope Social Impact 54-58 Broad Street and 67 Broadview Avenue February 2, 2023 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: Site Plan, Floor Plans and Elevations Page 7 of 7 103 N N U) O L- m 00 i 4 U') E � o � o 0 0 00 LO 0 N N O O p O _ N O � O O O O O M O M N O N o M m E E E o 0 cc m C: c c O o O ID ry O J 2 2 ^W\ W U/ O L— co 00 P1 I 4 E � o 0 0 00 LO 0 N N O O p O `m N � O � � p O s U_ O O m N 0 LO 0) o 0 E E E U LO O (O > 0 C O N j 7 U U)� U) � a) rv- IY O J = (6 a) U) IY N C a) .L 2 c a) O N U)U E p 2 (6 cu ate) J A- LL U) a) U a) ns � d 0 U M a) Q H o O MA U) a ,. 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(.5 Pa c/) Q- p � N N a- � � +� LU a).c/) a) N N O N O � O N cflC) ° oU N C: M N i i > .O U O m L- L- M a) N � � a) � O 0 o 3: 0 0- 0v,&. ,, DeV010 eut.;Shopi� ot,I, PAC Application GROWTH & COMMUNITY SERVICES CITY OF SAINT JOHN CIVIC ADDRESS Carmarthan and Broadview APPLICATION # I FEE PAID I Y N TYPE OF APPLICATION ❑ Conditional Use ❑ Non -Conforming Use ❑ Similar or Compatible Use ❑ Temporary Approval Application Fee: $350 Application Fee: $350 Application Fee: $350 Application Fee: $350 DETAILED DESCRIPTION OF APPLICATION 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 with City staff is encouraged prior to seeking approval. Please contact the One Stop Development Shop at (506) 658-2911 or OneStop@saintjohn.ca for further information. Kaleidoscope Social Impact purchased the Church and Rectory at 58 and 54 Broad Street in June Kaleidoscope wants to build a 23 to 34 unit affordable —housing project on the land at the back 1617711, 1617591. The zoning requested would be RH multi -family as it would be at least three stories and possibly five. As this is affordable housing with lesser need for parking, we would also be mquesting a ieduction in onsite parking. Attached is a desciiption and early bite and floui plan foi the projer-t ENCUMBRANCES Describe any easements, restrictive covenants, and other encumbrances affecting the land. AUTHORIZATION AND CONSENT 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. Seth Asimakos, Kaleidoscope Social Impact Registered Owner or Authorized Agent Additional Registered Owner December 7, 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. PAC Application Form 2021 06 01 M011I Proposed Zoning By -Law and Section 59 Amendement RE: 54-58 Broad Street and 67 Broadview Avenue 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 Tuesday, February 21, 2023, at 6:30 p.m., by: Rezoning a parcel of land having an area of approximately 700 square metres, located at 58 Broad Street and 67 Broadview Avenue also identified as a portion of PIDs 55083067, 55083059, and 00000224 from Neighbourhood Community Facility (CFN) to Urban Centre Residential (RC) as illustrated below. 2. Amending the Section 59 conditions imposed on the November 15, 2021, rezoning of the property located at 54 Broad Street, also identified as PIDs 00000232, 55086151, and 00000372 to permit a revised proposal. :t 67 REASON FOR CHANGE: To permit a multi -unit development 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 Written objections to the amendment may be sent to the undersigned at City Hall. If you require French services for a Common Council meeting, please contact the office of the Common Clerk. Jonathan Taylor, Common Clerk (506) 658-2862 Projet de modification de I'arrete de zonage et de I'article 59 Objet : 54-58 rue Broad et 67 avenue Broadview Par les presentes, un avis public est donne que le conseil municipal de la ville de Saint John a ('intention d'envisager de modifier 1'arrete de zonage de la ville de Saint John lors de sa reunion ordinaire qui se tiendra dans la salle du conseil le mardi 21 fevrier 2023, a 181130, par: 1. Rezonage d'une parcelle de terrain d'une superficie d'environ 700 metres carres, situe au 58, rue Broad et 67 avenue Broadview, egalement identifie comme une partie des NIDs 55083067, 55083059, et 00000224, de Zone d'installations communautaires de quartier (CFN) a Zone residentielle du centre-ville (RC), tel qu'illustre ci- dessous. 2. Modification des conditions de I'article 59 imposees relativement au rezonage du 15 novembre 2021 de la propriete situee au 54 rue Broad, egalement identifie comme des NIDs 00000232, 55086151, et 00000372, pour permettre la preparation d'une proposition revisee RAISON DE LA MODIFICATION: Autoriser les immeubles a logements multiple Pour plus de details sur la fagon d'inspecter la modification ou pour vous inscrire pour participer, veuillez contacter le Bureau du greffier commun a CommonClerk@saintjohn.ca. Les objections `RYA ecrites a la modification peuvent titre fournies par ecrit et/ou verbalement lors de I'audience publique qui sera tenue par le conseil municipal. Pour vous inscrire a I'audience, veuillez contacter le bureau du greffier municipal a I'avance a commonclerk@saintjohn.ca 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 `91-11 BY-LAW NUMBER C.P. 111-X A LAW TO AMEND THE ZONING BY- LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: The Zoning By-law of The City of Saint John enacted on the fifteenth day of December, A.D. 2014, is amended by: Amending Schedule "A", the Zoning Map of The City of Saint John, by rezoning a parcel of land having an area of approximately 400 square metres, located at 58 Broad Street and 67 Broadview Avenue also identified as a portion of PIDs 55083067 and 00000224 from Neighbourhood Community Facility (CFN) to Urban Centre Residential (RC). - all as shown on the plan attached hereto and forming part of this by-law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by-law the X day of March, A.D. 2023 and signed by: Mayor/Maire ARRETE NO C.P. 111-X ARRETE MODIFIANT L'ARRETE DE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une reunion du conseil communal, The City of Saint John a decrete ce qui suit : Uarrete sur le zonage de The City of Saint John, decrete le quinze (15) decembre 2014, est modifie par: La modification de I'annexe «A», Plan de zonage de la ville de Saint John, permettant de modifier la designation pour une parcelle de terrain d' une superficie d' environ 400 metres carres, situe au 58, rue Broad et 67 avenue Broadview, egalement identifie comme une partie des NIDs 55083067, 55083059, et 00000224, de Zone d'installations communautaires de quartier (CFN) a Zone residentielle du centre-ville (RC). - toutes les modifications sont indiquees sur le plan ci-joint et font partie du present arrete. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le X mars 2023, avec les signatures suivantes: Common Clerk/Greffier communal First Reading - X Premiere lecture - X Second Reading - X Deuxieme lecture - X Third Reading - X Troisieme lecture - X 139 Staff Recommendation for Council Resolution Property: Newport Crescent (portion of) Public Hearing: February 21, 2023 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 910 square metres, also identified as a portion of Newport Crescent from un-zoned street to Mid -Rise Residential (RM). Other No 3rd Reading: Tentative Date is March 21, 2023 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 910 square metres, also identified as a portion of Newport Crescent from un-zoned street to Mid - Rise Residential (RM). Recission of No Previous s. 39/s. 59 Conditions Section 59 Yes That Common Council, pursuant to the provisions of Section Conditions 59 of the Community Planning Act, impose the following condition on the parcel of land having an area of approximately 3471 square metres, also identified as a portion of Newport Crescent: a. That the use of the stopped up and closed portion of Newport Crescent is limited to the following uses: M191 i. Any use permitted Mid -Rise Residential (RM) Zone; and ii. Access to any use permitted in the Neighbourhood Community Facility (CFN) zone. b. That the developer provide to the City any Local Government Services Easements and/or rights -of -way for all municipal infrastructure within the portion of Newport Crescent that is subject to the stop up and closure process. The suitability of the width of the easements are subject to the review and acceptance of Saint John Water and the City. Section 59 No Agreement Section 131 No Agreement Other No PLANNING ADVISORY COMMITTEE February 8, 2023 The City of Saint John Her Worship Mayor Donna Noade Reardon and Members of Common Council Your Worship and Councillors: SUBJECT: Proposed Rezoning for a Portion Newport Crescent On January 9, 2023, Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its February 7, 2023 meeting. Jennifer Kirchner, Manager of Community Planning with Growth and Community Services, appeared before the Committee and provided an overview of the proposed amendment. Carly Forester, on behalf of Kindred Works, appeared before the Committee and indicated her agreement with the staff recommendation. Ms. Forester provided a brief overview of the project, including details around landscaping, stormwater management and the placement of the buildings in relation to the neighbouring properties. She also indicated that the townhouses would be accessed along Millidge Avenue, while the multi -unit would have its own parking lot. Ms. Forester indicated that the project includes affordable housing units. Dawn Lamb, who spoke on behalf of herself and her mother Elizabeth Lamb, resides adjacent to the proposed development. She spoke in opposition to the application. Ms. Lamb stated that the residents adjacent to the Church's property have not been consulted or contacted about the project. She stated that it feels like the residents were being driven out of their homes. The area already has low-income housing units and the Technology Drive development will be bringing a lot of new housing to the area. Ms. Lamb also raised concerns over existing water issues on her property and on the adjacent Church property and about potential traffic concerns, indicating that the development on Technology Drive has already increased traffic and water runoff. It is also believed that these Page 1 of 4 142 Carly Forester (Kindred Works) Newport Crescent February 8, 2023 projects have decreased safety in the neighbourhood. She is concerned this project will exacerbate these problems. When asked by the committee, she clarified that this is the first time they have been able to speak about this development and that the Church has not been in contact with them beyond a block party held in 2022. She felt the block party was an inappropriate method for engagement and did not provide enough information to the residents. Karolyn Wilson, a resident adjacent to the development, appeared before the committee to speak in opposition to the proposal. She is concerned about water issues, especially the flooding of her property and her basement. She is also concerned about the proposed road access that would be adjacent to her property (it should be noted that the applicant later clarified that the access is not a road but is a pedestrian access with vehicle uses limited to emergency vehicles). She indicated that she would like to see enhanced landscaping such as a berm, which she feels would help prevent water runoff onto her property. She was also indicated that she is concerned about traffic and noise impacts. Ms. Wilson also stated that this was the first time they've heard about the project and had a chance to speak about it. She asked for clarification on the number of townhouse units being developed. Ni-Ha, a resident of an adjacent property, appeared before the committee to speak in opposition to the proposed rezoning. She had concerns of safety around increased traffic that would come with this project and that her children would be unable to play outside. Steve McCall, a member of the Board of Trustees of the United Church, appeared before the committee to speak in favor of the application. Mr. McCall stated that the application before PAC was only for the road closure and not for the overall project. He elaborated on the role being played by Kindred Works as a development arm of the United Church and that the mission of Kindred Works and the United Church is to help use underutilized land across the country for the benefit of the community. He stated the United Church has a mission to help provide affordable housing in the City. He believes that the North End of Saint John is a desirable place to live as it has access to a variety of resources. He stated that they intend to construct environmentally sustainable buildings and that they have hired the necessary experts to ensure that the existing water concerns are being addressed. He stated that the purpose of the rezoning was to allow for the apartment building to be placed further away from the existing residences, which exceeds the setback requirements established within the Zoning By-law. When asked by Committee members about the existing water issues, Mr. McCall indicated that the adjacent properties are located in a low Page 2 of 4 143 Carly Forester (Kindred Works) Newport Crescent February 8, 2023 area, and that they have hired qualified experts to develop a solution for water management as part of the overall development project. When Committee members spoke about the communication issues referenced by the neighbours, Mr. McCall stated that their development plan was still evolving and that they have not undertaken full engagement with the neighbours as they do not want to present a project concept that could still undergo significant changes. They do have plans to approach the neighbours and have a more fulsome discussion once they have a more concrete design. Committee members recalled Ms. Forester to answer further questions regarding the proposed timeline, clarification around the pedestrian access, and plans for community engagement. Ms. Forester stated that while the timeline was reliant on funding, they would like to start as soon as possible. She clarified that the pedestrian walkway would only be used for emergency vehicles and that they will be extending communications to the neighbours. She also stated that earlier concerns raised about surveyors measuring property lines arose due to existing confusion about where the property lines and common lane are currently located in relation to building placement. She also reiterated that the water issues would be looked at carefully and that their intention is to improve the condition of the property beyond its current condition. Committee members clarified for the public that when a project goes in for a building permit, that a storm water management plan for the site must be prepared by an engineer and be submitted for review by the City. Committee members also verified with staff that the existing Mid -Rise Residential (RM) zoning has been in place for a significant period of time, and has not been subject to a rezoning application. Committee members also noted for the public that the existing zoning allows for the proposed development and that the rezoning application would simply allow for the apartment building to be constructed further away from the existing residences. Committee members did recognize the importance of community engagement and advised the applicant to try to establish communications with the neighbours prior to the Public Hearing. Two letters were received regarding the proposal. One was in opposition to the project and the other in opposition to the closure of the road. Following consideration of the presentations, letters, and Staff report, the Committee unanimously adopted the Staff Recommendation. RECOMMENDATION: 1. That Common Council rezone a parcel of land having an area of approximately 910 square metres, also identified as a portion of Newport Crescent from un-zoned street to Mid -Rise Residential (RM). Page 3 of 4 144 Carly Forester (Kindred Works) Newport Crescent February 8, 2023 2. That Common Council, pursuant to the provisions of Section 59 of the Community Planning Act, impose the following condition on the parcel of land having an area of approximately 3471 square metres, also identified as a portion of Newport Crescent: (a) That the use of stopped up and closed portion of Newport Crescent is limited to the following uses: i. Any use permitted Mid -Rise Residential (RM) Zone; and ii. Access to any use permitted in the Neighbourhood Community Facility (CFN) zone. (b) That the developer provide to the City any Local Government Services Easements and/or rights -of -way for all municipal infrastructure within the portion of Newport Crescent that is subject to the stop up and closure process. The suitability of the width of the easements are subject to the review and acceptance of Saint John Water and the City. Respectfully submitted, IorJ Brad Mitchel Vice Chair Attachments Page 4 of 4 145 o`. o 45. awrr Rcr�y darn o'Joavm W The City of Saint Jahn Date: February 2, 2023 To: Planning Advisory Committee From: Growth & Community Services Meeting: February 7, 2023 SUBJECT Applicant: Carly Forester (Kindred Works) Landowner: City of Saint John Location: Newport Crescent PID: 00000003 (portion - portion of Newport Crescent to be stopped up and closed) Plan Designation: Low to Medium Density Residential Existing Zoning: un-zoned street Proposed Zoning: Mid -Rise Residential (RM) Application Type: Rezoning Jurisdiction: The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed amendments to the Zoning By-law and proposed amendments to Section 59 conditions. Common Council will consider the Committee's recommendation at a public hearing on Tuesday, February 21, 2023. Page 1 of 6 146 Carly Forester (Kindred Works) Newport Crescent February 2, 2023 EXECUTIVE SUMMARY The applicant has applied to stop up and close a portion of Newport Crescent, a Public Street, to provide additional land for the construction of an affordable housing project. Most of the proposed development site is currently zoned Mid -Rise Residential (RM), along with the majority of the proposed roadway following the street closure process. The RM zoning permits the proposed residential development as -of -right. In conjunction with the stop up and closure process, a portion of the closed street requires rezoning from Neighbourhood Community Facility (CFN) to Mid -Rise Residential (RM). The rezoning will allow for the proposed multiple unit building to have a greater setback from the existing dwellings along Millidge Avenue. Approval of the rezoning is recommended. RECOMMENDATION 1. That Common Council rezone a parcel of land having an area of approximately 910 square metres, also identified as a portion of Newport Crescent from un-zoned street to Mid -Rise Residential (RM). 2. That Common Council, pursuant to the provisions of Section 59 of the Community Planning Act, impose the following condition on the parcel of land having an area of approximately 3471 square metres, also identified as a portion of Newport Crescent: (a) That the use of stopped up and closed portion of Newport Crescent is limited to the following uses: Any use permitted Mid -Rise Residential (RM) Zone; and Access to any use permitted in the Neighbourhood Community Facility (CFN) zone. (b) That the developer provide to the City any Local Government Services Easements and/or rights -of -way for all municipal infrastructure within the portion of Newport Crescent that is subject to the stop up and closure process. The suitability of the width of the easements are subject to the review and acceptance of Saint John Water and the City. DECISION HISTORY There are no recent decisions regarding the subject property. ANALYSIS Proposal The applicant, Kindred Works, is the development and asset manager for the United Church of Canada. The Church is seeking to develop its surplus land holdings with mixed income and affordable rental housing across Canada. Page 2 of 6 147 Carly Forester (Kindred Works) Newport Crescent February 2, 2023 As part of the implementation of this vision for additional housing units, surplus lands on the Portland United Church site are being pursued for development. The applicant is proposing to stop up and close a portion of Newport Crescent and acquire the closed roadway. The closed roadway would be combined with other land holdings to the south, owned by the Trustees of the Portland United Church, to construct a residential development consisting of a multiple unit building and townhouse units. Six townhouse units are proposed along Millidge Avenue with a 91-unit, four storey building proposed for the interior portion of the property adjacent to the existing church parking lot. The majority of the site proposed for the residential development is zoned Mid -Rise Residential (RM) which permits both the townhouse units and the multi -unit building as -of -right and does not require any zoning approvals to permit the proposed uses. A closure of a portion of Newport Crescent is being pursued by the proponent to provide additional lands to support the development. Within the provisions of Section 2.3 of the City's Zoning By -Law, the sidelines of a Public Street are zone boundaries and when the Public Street is closed, the centreline of the former Public Street becomes the boundary of the zones on either side of the former Public Street. For most of the length of the section of Newport Crescent to be closed, lands on either side of the street are zoned Mid -Rise Residential (RM), meaning the entirety of these sections of closed street will be zoned RM following the street closure process. However, a portion of the land adjacent to the closed street is zoned Neighbourhood Community Facility (CFN), and as a result, the northwestern a portion of the closed street, having an area of approximately 910 square metres will be zoned CFN following the street closure process. As a portion of the proposed multiple unit building will be located on this 910 square metre portion of Newport Crescent, the applicant is seeking a rezoning in parallel to the street closure process to have this area of land rezoned from Neighbourhood Community Facility (CFN) to Mid -Rise Residential (RM). This will allow for the proposed multiple -unit building to have a greater setback from the existing dwellings along Millidge Avenue. Site and Neighbourhood The subject site is located at the corner of Rope Walk Road and Millidge Avenue, along Newport Crescent and south of the Portland United Church, in the City's North End. The property currently contains the Portland United Church along the north side of Newport Crescent and a large area of vacant land along the southern edge of the roadway. Newport Crescent also provides access to two multiple unit housing developments owned and administered by Portland United Church. The surrounding area is predominately residential with a mix of densities from single to multiple unit dwellings, with these areas mostly zoned Mid -Rise Residential (RM) and High -Rise Residential (RH). A number of institutional and public uses are also located in the area including Centennial School and Shamrock Park to the west and the former Somerset School to the north along Rope Walk Road. Page 3 of 6 148 Carly Forester (Kindred Works) Newport Crescent February 2, 2023 Municipal Plan and Rezoning Municipal Plan The site is designated as Low to Medium Density Residential in the Municipal Plan. A range of housing types is encouraged in this area. Policy LU-51 of the Municipal Plan provides for higher density housing forms in the Low to Medium Density designation via a rezoning process, provided the following criteria are met: a. Subject lands are adjacent to or in close proximity to collector or arterial streets and transit routes; b. Subject lands are located at the periphery of low density residential neighbourhoods; C. Subject lands are appropriately designed for the area in which it is located and is encouraged in suitable sites for in -fill development; d. Subject lands are compatible with surrounding land uses; e. Sufficient on -site parking and green space is provided; f. Site design features that address such matters as safe access, buffering and landscaping, site grading and stormwater management are incorporated; and g. An exterior building design of high quality is provided that is consistent with the Urban Design Principles of the Municipal Plan. In this case, the site is located along Millidge Avenue, a collector street which is also served by a transit seven days a week. The proposed multiple unit building will have a separation of between 35 metres and 40 metres from adjacent low density residential development along Millidge Avenue and will be in a broader area zoned Mid -Rise Residential (RM) and High -Rise Residential (RH) which contains multiple unit residential development. Approval of the proposed rezoning will allow this separation distance between the multiple unit building and existing dwellings south of the site to be maximized. The proposed development incorporates on -site parking and green space and stormwater management features. Staff are of the opinion that the proposed rezoning and development conform to the intent of the Municipal Plan. Rezoning The applicant is seeking a rezoning of a 910 square metre portion of Newport Crescent from Neighbourhood Community Facility (CFN) to Mid -Rise Residential (RM) to allow for the construction of the proposed 91-unit building. The remainder of the area proposed for the residential development is currently zoned Mid -Rise Residential (RM) which allows for multiple unit dwellings and townhouses as -of -right. The proposed building will be four stories in height. Ninety-one dwelling units will be provided in the multiple unit building with a mix of one - bedroom, two -bedroom, and studio units. Following closure of the street and completion of detailed design, variances including those related to side yard setbacks may be required based on the final configuration of the lot and the orientation of the building. If required, these variances will be processed by the Development Page 4 of 6 149 Carly Forester (Kindred Works) Newport Crescent February 2, 2023 Officer along with a variance to allow for some of the required parking spaces for the proposed multiple -unit building to be located on the church parking lot. Staff note past variances were granted to provide for off -site parking on the church parking lot to support residential development projects previously completed by Portland United Church. Staff also recommend a Section 59 condition that would apply to the portion of Newport Crescent to be closed, allowing for its use as an access to the church property. This is required as the church will retain its current Neighborhood Community Facility (CFN) zoning. An additional condition relating to the provision of easements and/or rights -of -way for any underground City infrastructure in the portion of Newport Crescent to be stopped up and closed is also recommended. Conclusion The proposed development conforms to the policy direction in the Municipal Plan and meets the standards provided in the Zoning By -Law subject to Development Officer variances. Approval of the rezoning is recommended subject to appropriate Section 59 conditions relating to access through the portion of the roadway to be stopped up and closed and the provision of easements related to existing City infrastructure. Approval of the rezoning of the 910 square metre are will allow for the proposed multiple -unit building to have a greater setback from the existing dwellings along Millidge Avenue. ALTERNATIVES AND OTHER CONSIDERATIONS No alternatives are proposed. ENGAGEMENT Proponent The proponent held a community engagement event during the summer of 2022. City In accordance with the Committee's Rules of Procedure, notification of the proposal was mailed to landowners within 100 metres of the subject property on January 26, 2023. Notice of the rezoning was posted on the City of Saint John website on January 30, 2023. APPROVALS AND CONTACT Author Manager/Senior Planner Commissioner Mark Reade, P.Eng., MCIP, RPP Jennifer Kirchner, MCIP, RPP Jacqueline Hamilton, MCIP, RPP Contact: Mark Reade Telephone: (506) 721-0736 Email: Mark.Reade@saintjohn.ca Application: 22-0279 Page 5 of 6 150 Carly Forester (Kindred Works) Newport Crescent February 2, 2023 APPENDIX Map 1: Aerial Photography Map 2: Future Land Use Map 3: Zoning Attachment 1: Site Photography Attachment 2: Plan of Survey - Portion of Newport Crescent to be Stopped up and Closed Submission 1: Site Plan Submission 2: Building Floor Plans Submission 3: Building Elevations and Rendering Page 6 of 6 151 -1--a ,I U N L- C) O CL ^� W Z Y� E Y _ 2 E Z wo > U) p U U 7 U O p Q .0 ° Y U U) U �U U sU L N� �Q uO 0 o Q — o o �o � L¢L c� O N O m O O mU W LLI m W m W O O N N W W N N U U O O U) U) U) U) U) L 70 70 U oM U co p L (� U N O O 0 N N N LO '(D'^ v/ J N L H U N L— C) CL z Y�o E Y _ 2 E Z w > O p U U 7 U O p Q .0 ° Y U U) U 7 U O U) sU LO N� �Q uO 0 o Q � L¢L c� N � � O O mU W LLI m W m W O O .=W W U U O O U) U) cu N L Q L � c z N cu a� L cu 0- U) i it LO N_ M N O N N LO r -�U- LU 0 0 o o E J 0 N J L.L U U N N N N N L cn Q U U_ cu N N U Q > O O O 0- 0' 0) .C: 0 N N 0 cn N L U 0 Q Z iz Y�o E Y _ 2 E Z w > U) p U U 7 U O p Q .0 ° Y U U) U �U O U) � U � a LO N Q .0 � 0 o Q —0 o 20 N1, c� O N O m O O mU W LLI ae N W o O �-) w w U U O O U) U) LO � z U U d a� J O O C C N N O O 0 0 2 U U � rn c 0 N N N O 0 N Q U O � N _ �> d M N Q O > EF o N O O a N ,I O N N ry N O N L Q N U N L U O CL ^� W Z Y�o E Y _ 2 E Z w > U) p U U 7 U O p Q .0 ° Y U U) U �U U sU L N� �Q uO 0 o Q — o o �o � L¢L c� O N O m O O mU W LLI m W m W O O N N W W N N U U O O U) U) LO LO 2 z � U U x 2 J O) O N N N J O O) N C C C C 2 N N m IL m m I= O o m c 0 o o d U U N N d N a� N a 7 O Q M m m U M m O > > w N O O O N IE WE i rr) s N O O + N - C N i LO LU _ t: G �Z m w W OW o a - > V d d 3 _ N � CO LUIX - -- ..5 o - - g - E N , - } ED b =. - !;!!; � . '. ... W ED may a - HED Q Q ®oo®'- �O ©oo OO El + oo U OO ©000� �Oo�r ©------------ 000� �oo-.i I� Lli ofV ' �s �s Is Is $�o & w' w — �oI I �� �� �lo — z. Im zo z z I F I I I L [I L FIJI-- I I M-11 I M-11 -1 1 Im, I I =1 L=3 -L-- I mi = I Jo-J =11 — - LM -L-- D m I F7 1 11 1 M-11 I M-11 I L ❑ I Ell Ell mi mt 11 Ell Ffflllmti ®I®IIL L 0 0 MI I o 1771� o El� F7 (D m o z z, z m7m —177( M'" J El M-4 Sl- I — -------- - D� ®I M� F7, I fft 17 ml� 17 4I-M L ,.. '. ... W ED Ll Q - s I P P � I _ I �T .pro ml3 al3 ¢I3 ala� S " o III III III III III III III IIIHill Hill �— Flo O I ® � I III o Q- - Ilo II 3 T I III � o o o e _ v� 162 and 164 Millidge Avenue Saint John, New Brunswick E2K 2M5 February 4, 2023 Planning Advisory Committee c/o City of Saint John, Growth and Community Services P.O. Box 1971 Saint John, New Brunswick E2L 4L1 To Whom it May Concern: The property owners of 162 and 164 Millidge Avenue respectively, are responding to the letter which we received in the mail on Monday, January 30 from Marc Reid, Senior Planner for the City of Saint John, Application No. 22-254. Upon reading this letter, we, the undersigned, want to firmly state we are vehemently against the application to rezone Newport Crescent from Community Neighbourhood Facility (CFN) to Mid -Rise Residential (RM) to accommodate multi- unit development. We are also strongly opposed to supporting parking of the multi -unit residential building on the existing church property and access to the church property through the closed portion of Newport Crescent. In short, we are totally against the creation of the monstrosity in our back yard! We have had a lack of consultation on this proposal by the church, and that needs to be noted clearly for the record. Firstly, we would like to state that we are aware that the city believes that there is a great need for affordable housing in Saint John. From what we have learned through the rumour mill and little fact from Portland United Church and Kindred Works, one third of this proposed development will be assigned to "rent below market rate." As you may be aware, Portland is surrounded by two multiple housing developments now that cater to affordable housing. As these developments were not right on our doorstep, we took no issue with their creation. That was our mistake. Our neighbourhood also encompasses 100 unit Stephenson Tower and Charlton Place, both are which more affordable dwellings for lower incomes. This is not about affordable housing. We, as home owners, have several valid reasons to oppose this rezoning application and proposed development. One major concern is water issues that have been an ongoing issue on our properties since time immemorial. There is live water located directly behind our properties, which we have always referred to as "the swamp" for obvious reasons. It is so wet that even the church does not mow the grass on it. We have ducks come and sit there in early spring. We have seen children actually swim in the water out there when we have had an extremely bad rain. People can skate on it in winter. When the land was being developed for the Baxter Memorial `ff- A Park, the neighbours had a meeting with the church about flooding us out. Drainage was "addressed", but you can see for yourself, it is still a swamp. It is so wet that we planted some cedars, and the roots will not go down into the ground in some spots due to water pooling. It is clear the elevation of the proposed development will be much higher than our properties. Water run-off will also be an issue. A paved parking lot to accommodate 100 units is to be housed in the swamp? Where is the water going to be diverted? Where will snow be placed in winter from parking lot that will melt? What written guarantee from the City of Saint John and Kindred Works will we have that our basements will not be flooded? The second objection that we share is the amount of units on such a small piece of property. We were flabbergasted by architect's concept drawings when we saw initial plans in June 2022 at a church block party, which will be addressed further. We viewed a print out of three — four storey building in height with approximately 100 units adjacent to our properties. Is this is to be our new view? There is a new development of 75 units being built on 50 Technology Drive on a much larger parcel of land, with more to come. We will be overlooked by those tenants as well, but did not speak against that rezoning. Traffic will be increased as those developments will come to fruition. Millidge Avenue is an extremely busy street as it stands now. The poor condition of the street pavement leading up to our homes underscores that fact. The frontage on both of our properties is minimal. The back of our homes is where we go to enjoy our yards, deck, and nature. Our houses are very close together as is. We will be sandwiched in front and back! What little privacy we have will be gone. Increased traffic, safety, noise and air pollution also are concerns to be brought forward. Traffic is heavy now, and we have to wait several minutes to exit the driveway, and that increases at peak travel hours. When the church has an event or service, that brings even more cars into this residential area. There is also the driveway on Valerie Street to Centennial School right across the street from Newport Crescent that you must be mindful of, with children walking to and from school. People now are driving well over the posted speed limit in a school zone. The density in this area just keeps increasing! As you are fully aware, Saputo has closed its operation and has been torn down. Baxter Dairies has been a fixture in our neighbourhood for many decades. Now, an empty lot sits waiting to be developed. We have heard councillors say they would like to see apartments developed on that site as well. More affordable housing no doubt and more revenue for the city. Sadly for us, that means more of the above concerns increase exponentially. Getting rid of the bit of green space we have around our neighbourhood will increase the carbon footprint, and no green construction or green buildings will counteract it. Pavement will be all around these houses emitting heat. Cars and residents will bring more noise and air pollution, and the development itself will eradicate what quiet we find in the back of our homes. That is not to mention the noise and dirt we will have to endure during the construction period. We have always had issues here with the ever increasing population of deer, and the construction on Technology Drive have forced them to come to our yards more often to feed in the fields. This 2 168 construction is going to displace the deer even more onto our small properties. They already represent a danger for ticks and driving hazards, and this too will be on the rise. What will it do to our property taxes and resale value? No one will want to purchase a house with of a bunch of apartment buildings and parking lots behind it! We feel we are not being supported by council and the city, and are being forced to make decisions we are not prepared to make about relocating our families, most who are elderly. We feel we are being driven out of our neighbourhood by overdevelopment and overcrowding. We own our homes. We are not swooping in from Ontario, doing a job and then moving on to the next one. We would also like to address the engagement section in your minutes from the Planning and Advisory Committee from the proponent. Any and all engagement has been done by the homeowner through either letter, emails or phone calls. Nothing has come from Kindred Works or Portland United Church or City of Saint John. We have had surveyors on our property without notice in December 4, 2021. That was the first tip off that something concrete was going on. Surprisingly, we received a flyer in mailboxfor a "Neighbourhood Block Party" on June 11th, 2022, where it advertised "Preview plans for our new housing project." Our neighbours were not pleased with such an important and life altering proposal to be previewed with face painting and music. We telephoned the current minister, Reverend Thompson, and shared the frustration with the sharing of information with the people this development is going to impact on a daily basis in such a fashion. It is not a party to us was the message! Both homeowners attended the "preview" which we thought was going to be inside the church. We were pointed in the direction of the lower parking lot. Upon arrival, we saw printed slides from a PowerPoint presentation taped to the table, and we were told by church attendees that it would be fine, while line dancers hooted and music played loudly in our ears. It was definitely not the presentation we were expecting. Hopefully, you can understand this did not come across very well. The two young men from Kindred Works that travelled from Ontario did not have much information to share. They indicated that this was just a proposal, and they were speaking with the SJ Planning Advisory Committee. We were flabbergasted by architect's concept drawings! A three — four storey building in height with approximately 90-125 units adjacent to our properties. Representatives did not have business cards, so we asked one to put his contact information into our phone. We then emailed Kris Tavella for an update in June and July, and both emails went unanswered. This is not the this is not a "community first" nor "people over profits" approach that is stated on the slideshow printouts. Again, a letter went to the church, which in turn was sent to Carly Forrester in Toronto who replied with more fluff about dialogue with residents and immediate neighbours. It never happened! In closing, our initial mistake was not to speak up years ago when this area was rezoned to RM. We never imagined that the land behind us would be developed, and that Portland United Church would so disrespect the wishes of the Baxter family and tear up the park to build townhouses, 3 169 apartments and more parking lots on land that was a donation. It is all a money grab and nothing will sway us. This will not augment the existing neighbourhood or will do nothing to bridge our needs. It will not add to our activities or make us attend new social clubs. The development is being forced upon us, and we have no say whatsoever. Your minutes clearly state that approval for rezoning is recommended. Writing this letter is a complete waste of time, but at least we can say it will be noted for the record. Sincerely, Dawn Lamb Elizabeth Lamb Gerald Wilson Karolyn Wilson 164 Millidge Avenue 164 Millidge Avenue 162 Millidge Avenue 162 Millidge Avenue 4 170 Radtke, Travis From: JIM BEZANSON Sent: January 30, 2023 1:41 PM To: OneStop Subject: Rezoning Newport Cres Categories: Travis [ 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.** Rezoning Newport Crescent My name is Jim H Bezanson. I own the property at 169 Millidge Avenue, which is immediately across the street, from the proposed rezoning application. I do not have any objection to the church providing housing units. I do have a concern with the impact of additional vehicles. The sharp turn just beyond Ropewalk Road, makes this stretch of Millidge Avenue very dangerous. It appears that six new driveways are proposed, to access directly onto Millidge Avenue. Either backing into or out of these new driveways will be precarious - as is the situation for existing residents. The number of units in the proposed new multi -unit building is not identified. I'm guessing it to be in the order of 100. This is a significant number of vehicles, attempting to access an already dangerous area of Millidge Avenue. Plans for the remainder of Newport Crescent are absent. I ask the Planning Advisory Committee to recommend to Council, that: 1). Newport Crescent be paved through to Ropewalk Road; and 2). Traffic lights be installed at the intersection of Millidge Avenue and Ropewalk Road. I believe these two amendments will mitigate the existing dangerous conditions. I'm doing so it will provide a safer environment for current and new residents. Thank you for your consideration Jim H Bezanson 169 Millidge Avenue Saint John, NB 1 171 A i cam- -���--J--�--� -L-- - I IGm Jim, - I al El al ®I - -� --L- L-�--1 -I ©IC31 I 1:31 ml 11 � I 18181 al ®I I �J J �1o1�L J 81818E �J 81®I 8� I ®I ®I �1 I _I 1 -� or E I I I I �1 I 1--rt--r--� ®1®I ®I f �i I I I I I I ®I �I ®I 1 ®IEli ®II (a -I I I I I ®1 C3I I MI F ®I ®I I41 �I f71 f71 f71 f L__ rl ru wo a. U c a q � \ i m m O Q Q �--+ 4-0 U N Q =3 Q C/) O ca QL 4 O � Q O O ca � #° ■! ? ? a2 L( Q® E 06 I k k W� A Akx N T D, T 4— m (D 4-j (D (D C) 0 z 2 z rq LL LL- N N ra ro rz CN cn . .12 M C) C, O O � O LM � •— U O U0 O CL O AW CL O O N V w CL N O ca �, — V 4-J LU Un Ul) CL J Ln m 4� V � O •O � cry � O Q C CL •— O O i O 5 '�'tfi' 'a DOVOIO Ont Shop PLANNING BUILDING INFRASTRUCTLTRE SAINT 1UHN Non -Conforming Use Satisfactory Servicing Section 39 Amendment Zoning By-law Amendment Application Checklist & Submission Package This document and all attachments are provided as assistance to persons seeking certain approvals and permits as required by various by-laws of the City of Saint John and other acts and regulations. Should there be a discrepancy between this document and all attachments, and the associated by-law, act or regulations, the associated by-law, act or regulation shall prevail. Updated 12-30-2020 Growth & Community Services Phone: (506) 658-2911 www.saintjohn.ca Email submissions to: onestop@saintjohn.ca Council Application Checklist required for a complete application for: ➢ Non -Conforming Use ➢ Satisfactory Servicing ➢ Section 39 Amendment ➢ Zoning By-law Amendment Applicant must submit all that are applicable: u Completed Application Form signed by the registered lot owner or authorized agent. u Fee in accordance with Schedule B of the Zoning By-law. u Details of any proposed development, which may include: o Site Plan drawn to scale illustrating the following: ■ Location of lot lines and lot dimensions; ■ Location and setbacks of buildings and structures; ■ Location and dimensions of easements and rights -of -way; ■ Location and nature of site improvements, including driveway accesses, parking (including barrier free and bicycle), loading, drive-thru facilities, landscaping and amenity spaces, and signs; ■ Topographic features, including watercourses, bodies of water, wetlands, grade changes, and drainage; and o Preliminary Building Plans drawn to scale, which may include floor plans. u Other information may also be required to complete the application. It is therefore strongly recommended that the applicant consult with City staff prior to submission. D vela�innt Sho PIINFRA JRC-Cl'Uthm MIN-FFOH1 `E•16'7 Developr��ent Shop , PLANNING BII1i,T)[NC� 11tiP12A5"TRtIC:TCI12f SAIIVTJ(?Hhi onestop @saintjohn.ca Phone:658-2911 Fax:632-6199 General Application Form GROWTH & COMMUNITY SERVICES CITY OF SAINT JOHN LOCATION CIVIC ADDRESS : PID # : LU HERITAGE AREA: Y / N INTENSIFICATION AREA: Y / N FLOOD RISK AREA: Y / N APPROVED GRADING PLAN: Y / N Z) LL APPLICATION #: DATE RECEIVED: Q "' RECEIVED BY: APPLI CANT EMAIL PHONE Z 0 MAILING ADDRESS POSTAL CODE H Q CONTRACTOR EMAIL PHONE O w z — MAILING ADDRESS POSTAL CODE H Z Q U J OWNER EMAIL PHONE d d Q MAILING ADDRESS POSTAL CODE PRESENT USE: PROPOSED USE: BUILDING PLANNING INFRASTRUCTURE HERITAGE Q❑ INTERIOR RENOVATION ❑ NEW CONSTRUCTION ❑ VARIANCE ❑ STREET EXCAVATION ❑ HERITAGE DEVELOPMENT Q ❑ EXTERIOR RENOVATION ❑ ACCESSORY BLDG ❑ PLANNING LETTER ❑ DRIVEWAY CULVERT ❑ HERITAGESIGN H ❑ ADDITION ❑ POOL ❑ PAC APPLICATION ❑ DRAINAGE ❑ HERITAGE INFILL J Q ❑ DECK ❑ DEMOLITION ❑COUNCILAPP WATER & SEWERAGE ❑ HERITAGE DEMO Y w ❑ CHANGE OF USE ❑SIGN ❑SUBDIVISION OTHER El OTHER 2 U ❑ MINIMUM STANDARDS 0 OTHER ❑ OTHER w Kindred Works is seeking a rezoning application for a portion of Newport Crescent that is to be "stopped up and closed". A concurrent application O Z Y O has been submitted to permit the stop up and close. The rezoning is required as a small portion of the existing Newport Crescent is currently zoned 0 as institutional. Kindred Works is seeking to amend this to the RM zone to permit a 4-storey purpose built rental apartment building. U w QI 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 deliver an existing program / service; the collection is limited to that which is necessary to deliver the program / service. Unless required to do so by law, 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 Municipalities Act and the Right to Information and Protection of Privacy Act. For further information or questions regarding the collection ofpersonal information, please contact the Access & Privacy Officer: City Hall Building 15 Market Square Saint John, NB E2L I E8 commonclerk(cbsainti ohn. ca (506) 658-2862 rueayatsamerann I, the undersigned, hereby apply for the permit(s) or approval(s), indicated above for the work described on plans, submissions and forms herewith submitted. This application includes all relevant documentation necessary for the applied for permit(s) or approval(s). I agree to comply with the plans, specifications and further agree to comply with all relevant City By-laws and conditions imposed. Applicant Name Applican ignature Date eeaq7p ut SINFRA�Shop� Council Application GROWTH & COMMUNITY SERVICES CITY OF SAINT JOHN CIVIC ADDRESS I APPLICATION # I FEE PAID I Y I N TYPE OF APPLICATION ❑ Land for Public Purposes Release Service Fee: $300 ❑ Section 59 Amendment Service Fee: $2,650 ❑ Non -Conforming Use Service Fee: $200 ❑ Zoning By-law Amendment Service Fee: $2,650 ❑ Satisfactory Servicing Service Fee: $200 ❑ Zoning By-law Amendment with a Municipal Plan Amendment Service Fee: $3,700 DETAILED DESCRIPTION OF APPLICATION Where applicable, indicate the changes to existing Section 39 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 for further information. 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 Date Additional Registered Owner 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. IiF:1F/ - } ED b =. - !;!!; � . '. ... W ED may a - HED Q Q ®oo®'- �O ©oo OO El + oo U OO ©000� �Oo�r ©------------ 000� �oo-.i I� Lli ofV ' �s �s Is Is $�o & w' w — �oI I �� �� �lo — z. Im zo z z I F I I I L [I L FIJI-- I I M-11 I M-11 -1 1 Im, I I =1 L=3 -L-- I mi = I Jo-J =11 — - LM -L-- D m I F7 1 11 1 M-11 I M-11 I L ❑ I Ell Ell mi mt 11 Ell Ffflllmti ®I®IIL L 0 0 MI I o 1771� o El� F7 (D m o z z, z m7m —177( M'" J El M-4 Sl- I — -------- - D� ®I M� F7, I fft 17 ml� 17 4I-M L ,.. '. ... W ED Ll Q - s I P P � I _ I �T .pro ml3 al3 ¢I3 ala� S " o III III III III III III III IIIHill Hill �— Flo O I ® � I III o Q- - Ilo II 3 T I III � o o o e _ v� Proposed Zoning By -Law Amendement RE: Newport Crescent 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 Tuesday, February 21, 2023, at 6:30 p.m., by: 1. Rezoning a portion of Newport Crescent having an area of approximately 910 square metres, from un-zoned street to Mid -Rise Residential (RM) as illustrated below. REASON FOR CHANGE: To permit a multi -unit development k�k ��� Stitt `RU] For details on how to inspect the amendment, or to register to participate, please contact the Office of the Common Clerk at CommonClerk(o-)-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 commonclerk(o)-saintiohn.ca Written objections to the amendment may be sent to the undersigned at City Hall. If you require French services for a Common Council meeting, please contact the office of the Common Clerk. Jonathan Taylor, Common Clerk (506) 658-2862 `Pl%7 Projet de modification de I'arrete de zonage Objet : croissant Newport Par les presentes, un avis public est donne que le conseil municipal de la ville de Saint John a ('intention d'envisager de modifier 1'arrete de zonage de la ville de Saint John lors de sa reunion ordinaire qui se tiendra dans la salle du conseil le mardi 21 fevrier 2023, a 181130, par: 1. Rezonage d'une partie du croissant Newport d'une superficie d'environ 910 metres carres de rue non zonee a Zone residentielle — Immeubles d'habitation de hauteur moyenne (RM), tel qu'illustre ci-dessous. RAISON DE LA MODIFICATION: Autoriser les immeubles a logements multiple WII17 Pour plus de details sur la fagon d'inspecter la modification ou pour vous inscrire pour participer, veuillez contacter le Bureau du greffier commun a CommonClerk@saintjohn.ca. Les objections ecrites a la modification peuvent titre fournies par ecrit et/ou verbalement lors de I'audience publique qui sera tenue par le conseil municipal. Pour vous inscrire a I'audience, veuillez contacter le bureau du greffier municipal a I'avance a commonclerk@saintjohn.ca 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 NO -ye WATITM►III LVA1:121zKo ;M11D/ A LAW TO AMEND THE ZONING BY- LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: The Zoning By-law of The City of Saint John enacted on the fifteenth day of December, A.D. 2014, is amended by: Amending Schedule "A", the Zoning Map of The City of Saint John, by rezoning a parcel of land having an area of approximately 8910 square metres, also identified as a portion of Newport Crescent from unzoned street (CFN)to Mid - Rise Residential (RM). - all as shown on the plan attached hereto and forming part of this by-law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by-law the X day of March, A.D. 2023 and signed by: Mayor/Maire ARRETE NO C.P. 111-X ARRETE MODIFIANT L'ARRETE DE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une reunion du conseil communal, The City of Saint John a decrete ce qui suit : L'arrete sur le zonage de The City of Saint John, decrete le quinze (15) decembre 2014, est modifie par: La modification de I'annexe «A», Plan de zonage de la ville de Saint John, permettant de modifier la designation pour une parcelle de terrain d' une superficie d' environ 8910 metres carres, situ& au partie du croissant Newport d'une superficie d'environ 910 metres carres de rue non zone& a Zone rdsidentielle — Immeubles d'habitation de hauteur moyenne (RM). - toutes les modifications sont indiquees sur le plan ci-joint et font partie du present arrete. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le X mars 2023, avec les signatures suivantes: Common Clerk/Greffier communal First Reading - X Premiere lecture - X Second Reading - X Deuxieme lecture - X Third Reading - X Troisieme lecture - X 202 162 and 164 Millidge Avenue Saint John, New Brunswick E2K 2M5 February 19, 2023 Dear Mayor and Councillors, We are writing in regards to the proposed development at Portland United Church and the rezoning application of Newport Crescent. We attended the PAC meeting, along with another neighbour, to speak against the rezoning and the size and scope of the project. In the media, we were portrayed as "NIMBY's" and someone made a comment online stating that we should be embarrassed. Embarrassment is not an emotion we are feeling. Total frustration, stress and upset would be high on our list. Firstly, I would like to state that we, as neighbours, are aware that the city believes that there is a great need for affordable housing in Saint John. From what we have learned through the rumour mill and little fact from Portland United Church and Kindred Works, one third of this proposed development will be assigned to "rent below market rate." As you may be aware, Portland is surrounded by two multiple housing developments now that cater to affordable housing. As these developments were not right on our doorstep and in a swamp, we took no issue with their creation. That was our mistake. Our neighbourhood also encompasses 100 unit Stephenson Tower and Charlton Place, both of which are more affordable dwellings for lower incomes. This is not about affordable housing. The term of the day is affordable housing, and that seems to take all priority over common sense. A small group of residents will be greatly impacted by this proposed development; we being two of them. We have a small voice. We find ourselves between a rock and a hard place. Unfortunately, there is no win for us. If the rezoning is not approved, enormous buildings will be closer to our homes. If it is approved, the project will proceed as prescribed. Either way, the issues below are still real and true. Saying Kindred Works and Portland Church are making affordable housing units does not negate their legitimacy. We, as home owners, have several valid reasons to oppose this rezoning application and proposed development. One major concern is water issues that have been an ongoing concern on our properties since time immemorial. I, being Dawn Lamb, have been raising this issue since rumblings from church members reached our doorsteps. I have emailed John MacKenzie, Ward 2 Councillor, on July 10, 2021, trying to find out what was going on and if any proposals had been submitted. He replied and asked staff to respond. Amy Poffenroth said there was nothing submitted at that time. She mentioned the proposed development on Technology Drive, but nothing from the church. Additionally, I have been in touch with them on multiple occasions. I emailed Amy on June 3, 2022 after a flyer for a church block party was placed in our mailboxes, and asked again if any proposals were being submitted. At that time, Amy related that although no formal permits have been applied for yet, she does understand the city may be receiving a development proposal at some point for a multi -family residential project. Amy didn't have details at that stage, but she did state that the property in question is zoned RM, which 1 203 supports multi -unit residential development. That is all the information she had at that time. As you can see, we have been trying to be part of the process and have our concerns brought forth. The first time we really had a chance to speak on this was at the PAC meeting this month, which in our opinion is not right or fair. Several decades ago, there were two red houses on the property beside 162. These houses were moved up from Landsdowne, we believe, when that area was being developed. The houses were falling into disrepair, and were both torn down. The Baxter family purchased that land. It sat as was for a while, and then said land (beside 162) was donated by Mac Baxter to the church as a green space. The land was to be a memorial park for R. W. Baxter, the founder of the dairy across the street. At that time, the land was grassed in, trees planted with church signage, and more drainage was put in. Sadly, Mac has since passed away. Being here and knowing the history, a housing development was not the plan! People come and sit on the lawn to rest, kids sometimes play soccer, and families come to sled there in winter. It is a major feeding zone for the 8 - 10 deer around here as well. At the PAC meeting, Steve McCall said the church's neighbours have long been used to a large green space that's always been zoned for residential buildings, and that the church just never acted on it. That is because the land was to be a green space as per the explanation above. There is live water located directly behind our properties, which we have always referred to as "the swamp" for obvious reasons. It is so wet that even the church does not mow the grass on it. We have ducks come and sit there in early spring. We have seen children actually swim in the water out there when we have had an extremely bad rain. People can skate on it in winter. When the land was being developed for the Baxter Memorial Park, the neighbours had a meeting with the church about flooding us out. Drainage was "addressed", but you can see for yourself, it is still a swamp. It is so wet that we planted some cedars, and the roots will not go down into the ground in some spots due to water pooling. It is clear the elevation of the proposed development will be much higher than our properties. Water run-off will also be an issue. A paved parking lot to accommodate 100 units is to be housed in the swamp? Where is the water going to be diverted? A pond and another one near a road by a school? Where will snow be placed in winter from the parking lot that will melt? What written guarantee from the City of Saint John and Kindred Works will we have that our basements will not be flooded? The second objection is the amount of units on such a small piece of property. We were flabbergasted by the architect's concept drawings when we saw initial plans in June 2022 at a church block party, which will be addressed further. We viewed a print out of three —four storey building in height with approximately 100 units adjacent to our properties. There is a new development of 75 units being built on 50 Technology Drive on a much larger parcel of land, with more to come. We will be overlooked by those tenants as well, but did not speak against that rezoning. Traffic will be increased as those developments are completed. Millidge Avenue is an extremely busy street as it stands now. The poor condition of the street pavement leading up to our homes underscores that fact. The frontage on our properties is minimal. The back of our homes is where we go to enjoy our yard, deck and nature. Our houses are very close together as is. We will be sandwiched in front and back! What little privacy we have will be gone. 2 204 Increased traffic, safety, noise and air pollution also are concerns to be brought forward. Traffic is heavy now, and we have to wait several minutes to exit the driveway, and that increases at peak travel hours. When the church has an event or service, that brings even more cars into this residential area. There is also the driveway on Valerie Street to Centennial School right across the street from Newport Crescent that you must be mindful of, with children walking to and from school. People now are driving well over the posted speed limit in a school zone. The density in this area just keeps increasing! Plan SJ states the neighbourhood is a low to medium density area. These added units will certainly be more than medium density. As you are fully aware, Saputo has closed its operation and has been torn down. Baxter Dairies has been a fixture in our neighbourhood for many decades. Now, an empty lot sits waiting to be developed. We have heard councillors say they would like to see apartments developed on that site as well. There will be more large apartment buildings no doubt and more revenue for the city. It too will be given a two thumbs up. Sadly for us, that means more of the above concerns increase exponentially, minus the water. Getting rid of the bit of green space we have around our neighbourhood will increase the carbon footprint, and no green construction or green buildings will counteract it. Pavement will be all around these houses emitting heat. Cars and residents will bring more noise and air pollution, and the development itself will eradicate what quiet we find in the back of our homes. That is not to mention the early morning noise and dirt we will have to endure during the construction period. We have always had issues here with the ever increasing population of deer, and the construction on Technology Drive have forced them to come to our yards more often to feed in the fields. This construction is going to displace the deer even more onto our small properties. They already represent a danger for ticks, property damage and driving hazards, and this too will be on the rise. What will it do to our property taxes and resale value? We would like an answer to that question. How will we afford to relocate ourselves in the current real estate market? No one will want to purchase a house with 2 large apartment buildings and parking lots behind it! We will be seeking our own affordable housing. We feel we are not being supported by council and the city, and the affordable housing aspect (only 39 in that huge development) is driving the project forward. We are being forced to make decisions we are not prepared to make about relocating our families, most of whom are elderly and unwell. We feel we are being uprooted by upheaval, overdevelopment and overcrowding. If you are retired, elderly and in your declining years, you do not want to be worried about bulldozers and banging at 7AM in the morning every day for years of construction. You also do not want another mortgage, even if you can qualify. Our properties have been our lifelong investment. How can we stay here if we cannot enjoy our homes in peace? This is extremely sad and highly frustrating. We own our homes. We are not swooping in from Ontario, doing a job and then moving on to the next one. We are impacted by this greatly, and being called a "NIMBY" does not, and will not, lessen that fact. We would also like to address the engagement section from the minutes from the Planning and Advisory Committee from the proponent. Any and all engagement has been done by the homeowner through either letter, emails or phone calls. Nothing has come from Kindred Works or Portland United Church or the City of Saint John. We have had surveyors on our property 3 205 without notice on December 4, 2021. That was the first tip off that something concrete was going on. Surprisingly, we received a flyer in our mailbox for a "Neighbourhood Block Party" on June 111h, 2022, where it advertised "Preview plans for our new housing project." Our neighbours were not pleased with such an important and life altering proposal to be previewed with face painting and music. We telephoned the current minister, Reverend Thompson, and shared the frustration with the sharing of information with the people this development is going to impact on a daily basis in such a fashion. It is not a party to us was the message! Both homeowners attended the "preview" which we thought was going to be inside the church. We were pointed in the direction of the lower parking lot. Upon arrival, we saw printed slides from a PowerPoint presentation taped to the table, and we were told by church attendees that it would be fine, while line dancers hooted and music played loudly in our ears. It was definitely not the presentation or dialogue we were expecting. Hopefully, you can understand this did not come across very well. Photos at the end of this letter show the engagement we had and the slides taped to a table. That was our consultation. The two young men from Kindred Works that travelled from Ontario did not have much information to share. They indicated that this was just a proposal, and they were speaking with the SJ Planning Advisory Committee. What we saw there was unbelievable! We spoke that the area in question was full of live water. Representatives did not have business cards, so we asked one gentleman to put his contact information into our phone. We then emailed Kris Tavella for an update in June and July, and both emails went unanswered. This is not a "community first" nor "people over profits" approach that is stated on the slideshow printouts. Again, a letter went to the church, which in turn was sent to Carly Forrester in Toronto, who replied with more fluff about dialogue with residents and immediate neighbours. It never happened! I have also contacted Mark Reade and Carly Forrester to see the Geotechnical Engineers Report that was alluded to at the PAC meeting. Apparently, it is not part of the process for rezoning, so it cannot be seen. When asking Kindred Works for the report, Carly states the report is in draft form. We have a very difficult time understanding how the land is being rezoned, when all of the facts are not available. This seems to be happening very quickly. In closing, our initial mistake was not to speak up years ago when this area was rezoned to RM. We never imagined that the land behind us would be developed as it is a swamp, and that Portland United Church would so disrespect the wishes of the Baxter family and tear up the park to build townhouses, apartments and more parking lots on some land that was a donation. A proposed road we just learned of directly beside 162 is a major safety concern and upset. This is all a money grab, and nothing will sway us. Funding for this project seems to be coming from government grants that have not been secured to our knowledge. We find it ironic that our own tax dollars are creating such an unfathomable stress and worry in our lives. This project will not augment our existing neighbourhood or will do nothing to bridge our needs as Kindred Works site states. Their website shows many project proposals, this being the largest, but does not show any finished projects that we have located. Their interaction with us has been nil, and the only correspondence about this project has come from us to them. Carly Forrester finally wants to meet. This springs from the meeting of the PAC where it was clear the neighbours have not been taken into consideration. We think the horse 4 206 has already left the barn as we have been told this development is going ahead as prescribed. The church owns the land. Mayor and councillors, we invite you to the proposed site as the snow begins to leave us, but bring your rubber boots, as you will need them. (See Photos Below) The proposed development is too big and doesn't fit in with our neighbourhood, and we have no say whatsoever. There was never a meeting we were made aware of to voice our concerns. We even signed up for notifications from the city to make sure we were in the loop at all times. As you can see, we have inquired numerous times about the site development. We only spoke at the PAC meeting a few weeks ago. PAC has voted to recommend the passing of rezoning of Newport Crescent. Again, will this help or hinder us? Funnily, at Portland United Church Sunday School, I personally learned the song "The wise man built his house upon a rock." He certainly didn't build enormous apartment buildings and pave a parking lot in a swamp. We are left in a quandary, and the days ahead are fraught with anxiety and stress. rv° s ■ I � ?•.'+� �— _ Evicectls aefsibili4Y s[a^dares • Embr3E^s En�.dnmen,al5ustain�teV • Modest Ongoing Fin3ncdal ContrVbNion tvvahlaMtlnrtia i Qu Consultation with Neighbours at Block Party Kindred Works presentation taped to the table y Q ;k I s:3S.:;A'. w&lam ..��:.vr "••a.'Rt`.:�'�i'.iL"'J''.^. Water path is clear. White stake is from drilling. Land directly behind 162 Millidge Avenue 5 207 Drilling on ice for sampling near sewer on March 8, 2022 Water runoff from parking lot (Technology Drive construction in background) More swamp in fall Swamp in winter w , r Deer in the field. Actually 6 here at the time. Family sledding on green space Sincerely, Dawn Lamb Elizabeth Lamb Gerald Wilson Karolyn Wilson 164 Millidge Avenue 164 Millidge Avenue 162 Millidge Avenue 162 Millidge Avenue N91:3 D '� r r I l jl COMMON COUNCIL REPORT M&C No. 2023-39 Report Date February 14, 2023 Meeting Date February 21, 2023 Service Area General Counsel Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT: Chief Administrative Officer By-law AUTHORIZATION Primary Author Commissioner/Dept. Head Chief Administrative Officer Orlando A. Lineros Melanie C. Tompkins J. Brent McGovern RECOMMENDATION That Common Council give 1st and 2nd Readings to the Chief Administrative Officer By-law, By-law Number LG-19, in the form attached to M&C 2023-39. EXECUTIVE SUMMARY General Counsel Office drafted a Chief Administrative Officer By -Law intended to align the title of the City's top leadership position, formerly known as the City Manager position, with the terminology in the Local Governance Act. The proposed by-law is also intended to establish and define the powers of the Chief Administrative Officer (the "CAO"). PREVIOUS RESOLUTION N/A REPORT Section 81 of the Local Governance Act provides that the CAO of a local government has the powers and duties the Council prescribes by by-law. Traditionally in Saint John, the top leadership position has been referred to as the City Manager position. To align with the terminology of the act, the position is now called the CAO position. For certainty purposes, the proposed by-law clarifies that any reference to "City Manager" in any City document, policy, agreement or other instrument shall mean the CAO. The proposed by-law also defines the authority of the CAO. Specifically, the proposed by-law provides that the CAO has the authority to: W916.1 -2- a) designate an Acting CAO; b) hire for all staff positions of the City; c) approve payment in lieu of notice for termination of employment provided the payment is within to the City's approved budget; and d) approve severance pay to a City employee provided said payment is within the City's approved budget. STRATEGIC ALIGNMENT This By-law aligns with Common Council's PERFORM. SERVICEAND FINANCIAL OUTCOMES This By-law will improve the CAO's ability to deal with staff matters within the organization. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The General Counsel Office drafted the attached Chief Administrative Officer By - Law at the request of the CAO and in consultation with the Human Resources Commissioner. ATTACHMENTS 1. Chief Administrative Officer By-law, By-law Number LG-19 Palo] CITY OF SAINT JOHN NEW BRUNSWICK A By-law Respecting the Powers and Duties of the Chief Administrative Officer of The City of Saint John By-law Number LG-19 An uncertified copy of this by-law is available online Arrete relatif aux attributions du directeur general de The City of Saint John Arrete numero LG-19 Une copie non certifiee de 1' arrete est disponible en ligne 211 -2- TABLE OF CONTENTS Section Description Recitals 1 Title 2 Definitions 3 Interpretation 4 References 5 Designations 6 Powers & Duties TABLE DES MATIERES Page Article Designation Pr&ambule 3 1 Titre 3 2 Definitions 4 3 Interpretation 5 4 Rd&rences 5 5 Designations 5 6 Attributions Page 3 3 4 5 5 5 PA -3- RECITALS WHEREAS, The City of Saint John deems it advisable to pass this by-law because it will establish and define the powers and duties of the chief administrative officer; AND WHEREAS, section 81 of the Local Governance Act, S.N.B. 2017, c. 18, provides that the chief administrative officer of a local government has the powers and duties that the council prescribes by by-law or resolution; AND WHEREAS, notice of this by-law, and of the Common Council meeting at which this by- law was discussed, was provided in accordance with the provisions of the Local Governance Act. NOW THEREFORE, the Common Council of The City of Saint John, enacts as follows: Title 1 This By-law may be cited as the Chief Administrative Officer By -Law (hereinafter the `By-law"). Definitions PREAMBULE ATTENDU QUE, The City of Saint John juge opportun de prendre le present arrete destine a etablir et definir les attributions du directeur general; et ATTENDU QUE, Particle 81 de la Loi sur la gouvernance locale, L.N.-B. 2017, ch. 18, prevoit que le directeur general d'un gouvernement local exerce les attributions que prescrit le conseil par voie d'arrete ou de resolution; et ATTENDU QUE, avis du present arrete et de la reunion du conseil communal a laquelle it a ete debattu a ete donne conformement a la Loi sur la gouvernance locale. A CES CAUSES, le conseil communal de The City of Saint John edicte : Titre 1 Le present arrete peut etre cite sous le titre Arrete du directeur general (ci-apres « 1'arrete v). Definitions 2 The following definitions apply in this By- 2 Les definitions qui suivent s'appliquent au law. present arrete. "Acting CAO" means a member of the Executive Leadership Team of the City authorized, in writing, by the CAO to act in such capacity; (directeur general par interim) "CAO" means the chief administrative officer of the City and includes the Acting CAO; (directeur general) directeur general par interim » designe un membre de 1'equipe de direction de la municipalite autorise, par ecrit, par le directeur general a agir en cette qualite; (Acting CAO) directeur general » designe le directeur general de la municipalite et comprend le directeur general par interim; (CAO) "City" means The City of Saint John; « municipalite » designe The City of Saint John; (municipalite) (City) "Common Council" means the elected municipal council of the City. (conseil communal) 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 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, 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. conseil communal » designe les membres elus du conseil municipal de la municipalite_ (Common Council) Interpretation 3 Les regles d'interpretation suivantes s'appliquent au present arrete comme suit: a) Les titres, intertitres et numeros des dispositions ne servent qu'a faciliter la consultation de 1'arrete et ne doivent pas servir a son interpretation. b) Le genre ou le nombre grammaticaux doivent &re adaptes au contexte. c) Les renvois legislatifs paraissent en italique. Le renvoi a une loi vise egalement les modifications qui s'y appliquent, y compris toute legislation de remplacement. Les renvois a d'autres arretes de la municipalite visent egalement les modifications qui s'y appliquent, y compris tout arrete de remplacement. d) Les obligations qu'il cree s' aj outent a celles decoulant d' autres arretes applicables de la municipalite ou des lois et reglements applicables des gouvernements federal ou provinciaux. e) Si une disposition quelconque est declaree invalide par un tribunal competent pour quelque motif que ce soit, la decision n'entache en rien la validite de 1' arrete daps son ensemble ni de toute autre disposition. PAE1 -5- References 4 The term "City Manager" when used in any by-law, resolution, policy, program or other document of the City, or any contract, agreement, purchase order or other instrument to which the City is a party, shall mean the CAO under this By-law. Designations 5 The CAO shall designate an Acting CAO for any period of absence and shall inform the Mayor and Common Council of said designation. Powers & Duties 6(1) The CAO shall exercise the powers and perform the duties and functions established under this By-law. 6(2) Subject to any applicable collective agreement or statute, the CAO is authorized to hire for all staff positions of the City. 6(3) Subject to any applicable collective agreement or statute, the CAO is authorized to approve payment in lieu of notice for termination of employment of a City employee if the amount of said payment falls within the City's budget. 6(4) Subject to any applicable collective agreement or statute, the CAO is authorized to approve severance pay to a City employee if the amount of said pay falls within the City's budget. References 4 Lorsqu'utilise dans tout arr te, resolution, politique, programme ou autre document de la municipalite, ou tout contrat, entente, bon de commande ou autre instrument auquel la municipalite est partie, le terme « directeur municipal » designe le directeur general en vertu du present arrete. Designations 5 Le directeur general designe un directeur general par interim pour toute periode d'absence et informe le maire et le conseil communal de cette designation. Attributions 6(1) Le directeur general exerce les attributions etablies en vertu du present arrete. 6(2) Sous reserve de toute convention collective ou loi applicables, le directeur general est autorise a embaucher pour tous les postes de la municipalite. 6(3) Sous reserve de toute convention collective ou loi applicables, le directeur general est autorise a approuver le versement d'une indemnite tenant lieu de preavis pour la cessation d'emploi d'un employe de la municipalite pourvu que le montant dudit versement entre dans le budget de la municipalite. 6(4) Sous reserve de toute convention collective ou loi applicables, le directeur general est autorise a approuver 1'indemnite de depart d'un employe de la municipalite pourvu que le montant dudit versement entre dans le budget de la municipalite. PA�N'7 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. 2023 and signed by: EN FOI DE QUOI, The City of Saint John a fait apposer son sceau municipal sur le present arrete le 2023, avec les signatures suivantes : Mayor / Maire City Clerk / Greffier de la municipalite First Reading - Premiere lecture - Second Reading - Deuxieme lecture - Third Reading - Troisieme lecture - Received Date February 15, 2023 Meeting Date February 21, 2023 Open or Closed Open Session Mayor Donna Noade Reardon and Members of Common Council Subject: Options to Support Daycare Development Background: With the recent population growth, the emergence of a Federal $10/day daycare strategy and ever- increasing wait lists, it is very apparent that there is a demand for more child care facilities in the City of Saint John. This is inherently a growth issue and it is important the City of Saint John finds the best way it can be of support to ensure we meet our growth targets. 'Nor can cities afford to lose them (daycares). Research shows that families contribute more to the local economy than either singles or seniors. Last year, a Michigan State University study of 233 U.S. cities found that even in places that rate highly on measures promoted by Prof. Florida (on such factors as higher education and diversity), married adults with kids and high-school graduation rates had the most significant economic impact. And what do these big -spending families need? Good schools, eventually. But also affordable, accessible high -quality daycare.' https://www.theglobeandmaii.com/life/parentinglthe-procreative-class-how-cities-can-help-on-the- chil d-ca re-front/a rticle14978284/ 'Melinda Gates, in her recent 2021 Annual Letter, puts it this way: "Globally, a two-hour increase in women's unpaid care work is correlated with a 10-percentage point decrease in women's labor force participation. As governments rebuild their economies, it's time to start treating childcare as essential infrastructure —just as worthy of funding as roads and fiber optic cables." ' https://www.forbes.com/sites/carmenniethammer/202l/O2/27/managing-childcare-the-power-of- family-friendly-and-incl usive-cities/?sh=b0024ddl8e75 More background on municipalities taking part in the solution : https:Hedmontonsocialplanni ng.ca/2021/10/04/blog-child-ca re -and -municipalities/ Motion: That City staff identify options to support the current development efforts of adding additional daycare spaces in Saint John and the CAO report back to Growth Committee. Respectfully Submitted, (Received via email) Councillor Killen and Councillor Ogden City of Saint John 6-R. SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 I vaww.saintjohn.ca I C.P. 1971 Saint John, N.-B. 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'N •C6 W V Ln Q •i v v ro _0 W O" �� cry U a CLI Co ,l tw cc tw c W � a1 O O O O O O Q Q m m m V � n O U — L _0cn +-+ L'' Q UQ cn O U X O +_+ +J z Q O ca Ln +_+ U _0Ln can ca N • -le Ln .i O > � (n U Q N }' L •� o aA � C � �• W N `� .� '�' O O C c .Q " — O U N O Q U U w "c:aJ U w O O Q ca Q n_0 a�J Q cn tlA Q +-+ cn cn Q � ateJ O i Q Q -0 E - •ai C6 -0ca � = ai Q _0• O U }, — Q m ca 4� ai .- w-0 � O C6 Q f6 w e }' c U (n n aJ QbnU •N a1 ala1 E w 5 w Q aJ _CL Q a N •� Q U U U- n U � m� OU - +O w U .� ME �! - E E E E E o O O O O a� U ° L ateJ fB i O _0 C1A Vf > r U N O O O Q _0 -0 0- ° O U O � � N O � 0-T 1p� a > V ° w a—cu `u a ° �V U Q a E w •� > ��° E -o O U E E OU C1A A;aj fB _ U U N 'N ° cn W M L > cu G } L fB a, +J O o- O aJ > O �o�C �0tea' N - U O 0- w a) U O N +� O O — V V — w O L a > w > CL E a o a- woouu 0 0 0 O CB E a--+ O a � E � _0 C: fB .0 CB fB .- fccB E a 0 J � U U a a U O _ qt O Q Q U .E N -0 '> ° Q u O E E U Q > o o ° oC LL U U CL 000 a a--+ fB C1A a a--+ .C: O � L E o ul E C1A cc� � E O W G a � E 0- aJ .E- E � � v) aJ 4-J C: '° a a --+ aJ O U O � aJ a1 >' O E w -0 UO LL 6b O � +, O U U E o .C1A i a1 a1 = 4-J D '� r r I l jl COMMON COUNCIL REPORT M&C No. 2023-40 Report Date February 15, 2023 Meeting Date February 21, 2023 Service Area Legislative Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT: Council Member's Notice of Motion AUTHORIZATION Primary Author Commissioner/Dept. Head Chief Administrative Officer Patricia Anglin Jonathan Taylor Melanie Tompkins Jonathan Taylor J. Brent McGovern RECOMMENDATION That Common Council approve the Notice of Motion process outlined in this M&C 2023-40, including the Notice of Motion template and the best practices for drafting a motion; and further, that the General Counsel be directed to prepare the necessary amendments to the Procedural By-law to give effect to this revised Notice of Motion Process, for Council's consideration. EXECUTIVE SUMMARY A Notice of Motion is a tool council members use to bring topics forward to the council for a decision. This report presents a scan of municipal by-law provisions illustrating the various methods a Notice of Motion is prepared and submitted by a member of council. It is suggested that council could enhance its current notice of motion process by adopting a new procedure and template, based on best practices, for drafting and submitting a notice of motion. In addition, it is recommended that the Notice of Motion process takes place over two council meetings. PREVIOUS RESOLUTION Council adopted the following resolution at its meeting of November 1, 2022: RESOLVED that Council direct the City Manager to review best practices and report back with a recommendation on an effective process related to the drafting and submitting of motions to Council for its consideration. -2- REPORT Roles and Responsibilities The relationship between a council and staff is a vital component of an effective and efficient municipal government. They may have different roles within the municipality, but both share a common purpose and goals. The Local Governance Act describes the purpose of a local government as follows: • To provide good government • To provide services, facilities, or things the council considers necessary or desirable for all or part of the local government • To develop and maintain safe and viable communities, and • To foster the economic, social, and environmental well-being of its community The powers of the local government are vested in and exercised by its council. The council makes decisions by adopting resolutions or by-laws during a regular or special meeting of council that is open to the public. Municipal staff's role is to implement all decisions of the council. Generally, evidence -based decisions are made by considering all available information. Council relies on staff to provide professional advice, accurate information, and to follow municipal strategic plans, council priorities, legislation, policies, and procedures. Many of the decisions council makes are based upon the recommendations of the chief administrative officer, which are contained in the staff reports that form part of the council agenda meeting materials. Alternately, council sometimes makes decisions based upon a Notice of Motion that is prepared and submitted by an individual member of council. Notice of Motion A Notice of Motion can be defined as the tool council members use to bring topics forward for the council's consideration. It is a written document that outlines the background as to why the request is being made, what is being asked of council, and the potential implications (financial or otherwise) of adopting the motion. The current process for submitting a Notice of Motion is found in council's Procedural By-law. The procedures are as follows: • The council member submits the motion, including sufficient background information, to the city clerk no later than 4:00 p.m. on the Wednesday preceding the council meeting. P►z191 -3- The motion is placed on the 'Submission by Council Members' section of the agenda. • The agenda package is delivered to council electronically and made available to the public via the City website in advance of the meeting. • The council member introduces their motion and provides the background information at the council meeting. • If the motion receives a mover and seconder, council discusses the item and a formal vote on the motion may take place. Review of Current Notice of Motion Procedures At its meeting of November 1, 2022, council directed staff to review best practices and report back with a recommendation on an effective process related to the drafting and submitting of motions to council. Staff conducted a scan of several Canadian municipalities (see Appendix A) and performed a SWOT analysis (Strengths, Weaknesses, Opportunities, Threats) in the preparation of this report. In addition, council members and senior staff recently attended a governance workshop with a focus on the best practices for writing a Notice of Motion. Notice of Motion — SWOT Analysis Strengths — Council's procedures require the Notice of Motion to be placed on the council agenda and published to the city's website three days in advance of the council meeting. The current procedures are compliant with Robert's Rules of Order and are consistent with the process of many of the other cities examined. Weaknesses— Currently there are no directives regarding how a council member drafts a Notice of Motion. This can result in motions that are not clear and concise, may be deemed out of order, may not align with the strategic plan or council priorities, and may have a negative impact on existing administrative, financial, and planning decisions. The current procedures allow council to decide on the Notice of Motion at the same meeting where it is being introduced. Whereas many other municipalities require the council to wait until the following meeting before debating and deciding on a Notice of Motion. Opportunities— Council could adopt an enhanced Notice of Motion template, which would require the council member to provide additional information -4- about their motion, including: financial implications, strategic alignment and input received from other sources. The Notice of Motion process could take place over two council meetings. Many other cities require the Notice of Motion to be submitted and presented to council at one meeting, but no debate or decisions being made until the following meeting. Council could adopt a best practice for drafting of a Notice of Motion. This would help to ensure that sufficient information is provided to council before making a decision on the matter. Threats — It could be perceived that imposing additional requirements to the Notice of Motion process could create more 'red tape' and restrict a council member's right to submit motions to a council agenda. Drafting a Notice of Motion Although council's procedural by-law provides a detailed process for submitting a Notice of Motion to the council agenda, it does not provide direction on the process to be used when preparing it. Council members and senior staff recently attended a governance workshop led by an expert in governance, where a focus was on best practices for writing a Notice of Motion. It is recommended that council formally adopt the following best practices, which were suggested by the expert: 1) Write down what you wish to achieve with the motion 2) Determine the path forward to achieve your goal — Does the City have jurisdiction over the issue? If not, with whom does the authority lie (another level of government, another agency, etc.)? Is the issue already part of the City's workplan? If not, where does or should it fit within council Priorities, the City's Strategic Plan, the Corporate Workplan and how? 3) Consult with Others — discuss your idea with the CAO, senior staff, the Mayor and other council members to determine a possible path forward and to consider any possible roadblocks. Determine the types of questions you will need to answer to secure support for the motion. 4) Draft your motion and prepare background materials — Draft your motion using clear simple and concise language. Provide sufficient and relevant information for council members to make an informed decision on your proposal. Your submission should include: • The reason for the motion — Outline the issue you are addressing in your motion. Include reference materials which support your 1►zle -5- statements. Avoid personal anecdotes and rely on facts from reliable third -party sources. • The context of the motion - Explain whether the City has authority to address your motion. Is the City already working on the issue? If so, explain what is currently being done and the timeline the City is working toward. Explain how your motion affects what the City is currently doing. Make reference to past decisions and planning documents. • The Solution being proposed — Explain how your motion will help solve the problem better than the current plan or approach (if there is one). Has the impact been considered and what is it? (Displacing other priorities, resource issues etc.). 5) Follow procedures — Submit your motions and materials to the Clerk in accordance with the provisions of the Procedural By -Law. 6) Prepare remarks — Prepare speaking notes to support your motion. As you present the issue, be constructive and do so in a way that is diplomatic and respectful of other's opinions. Enhanced Notice of Motion Template It is recommended that council adopt an enhanced Notice of Motion template. The updated template (Appendix "B") would require the exact wording of the motion, the background information on the issue, and the following new information: • Strategic Alignment (How does the motion align with council priorities/corporate strategies.) • Service and Financial Outcomes (What impact does the motion have on services? What are the financial implications? How does it impact service levels? What are the resources implications?) • Input from other Service Areas and Stakeholders (This may include input from staff, other agencies, outside stakeholders, or elected officials) • Attachments (List of attachments related to the motion) Staff believe that providing this additional information will help facilitate better decision -making. Council members would gain a more wholesome understanding of the issues, including, financial impacts related to the motion, how it aligns with strategy, council priorities, policy, etc. In addition, council members would receive feedback from staff, other members of council, and other stakeholders prior to council voting on the Notice of Motion. -6- Proposed New Procedures for Submitting a Notice of Motion It is recommended that council amend its procedural by-law to reflect the following: 1) The completed Notice of Motion form be submitted to the City Clerk, with a copy to the CAO and Mayor, by 12pm on the Wednesday preceding the council meeting. 2) The clerk, in consultation with the council member who submitted the motion, will assist with any wording and/or formatting issues. 3) The clerk shall place the Notice of Motion on the agenda and send the completed agenda package to council on the Thursday preceding the council meeting. The agenda package will be published to the city's website for public access on the Friday preceding the council meeting. 4) During the council meeting, the mayor will call upon the council member who submitted a Notice of Motion to read it into the public record. No discussion or vote will take place at that time. 5) The Notice of Motion is deferred to the following council meeting agenda. The item can be debated by council and a vote may take place at this time. Alternately, council may choose to refer the matter to the CAO, or an agency, board, commission, or committee. Should council refer the item, a report would be submitted to council at a subsequent meeting by the party to whom the referral was made. Conclusion It is important to note that the proposed Procedural By -Law revisions are not intended to curtail a member's right to submit motions, but rather to improve the overall process and facilitate better decision -making. There may be circumstances where a time -sensitive matter needs to be finalized during a single council meeting. In such cases, council would have authority waive the Notice of Motion requirements with a two-thirds majority vote of the total membership of council. Should a two-thirds vote not be achieved, then the motion will appear on the next regular agenda. An open and transparent government is the cornerstone of a healthy democratic society. The proposed amendments to council's Notice of Motion procedures would demonstrate the City's commitment to good governance, continuous improvement, and openness/transparency. Should council wish to proceed with the staff recommendation, the matter will be referred to the General Counsel to prepare the amendments to council's Procedural By-law. fPzVA -7- STRATEGIC ALIGNMENT This report aligns with council's Priority PERFORM — We ensure that the City is accountable for results in delivering public service by adhering to its plans, policies, procedures, and best practices. SERVICEAND FINANCIAL OUTCOMES Clear and concise motions that follow the policy directions of council. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Consultation with other municipal clerks. Review of municipal Procedural By - Laws. ATTACHMENTS Appendix A — Municipal by-law scan; Appendix B — Notice of Motion Template fPz1:3 Appendix A Scan for Municipal Practices Municipality Governance Document By -Law respecting the Procedures of the Common Council of the City of Saint Saint John John By -Law # LG 15 enacted May 3, 2021 16.24 Motion by Member - notice - to Clerk - time limitation A member wishing to place an item on the agenda, other than a motion referred to in Sections 16.19 through 16.23 inclusive, for consideration by Council shall deliver a motion, in writing, to the Clerk not later than 4:00 p.m. on the Wednesday in the week that immediately precedes the day of the Council meeting_ 16.25 Motion by Member - printed in full - on agenda The motion mentioned in Section 16.24 shall be printed in full for inclusion in the Council Kit for that meeting of the Council. 16.26 Motion by Member - in writing - mover - signature The motion mentioned in Section 16.24 shall be submitted to the Clerk in writing or by fax over the signature of the mover or from the member's known email address and shall provide sufficient background information relating to the motion. Moncton THE PROCEDURE OF THE COUNCIL ADMINISTRATIVE ORDER October 18, 2022 Notice of Motion 48. (1) A Notice of Motion shall: (a) be in writing; (b) include the name of the mover; (c) be received by the Clerk at a regular meeting of the Council; and (d) be printed in full in the agenda for the next regular meeting and each successive meeting of the Council until considered or otherwise disposed of. (2) When a Member's motion has been called at two successive meetings of the Council and not proceeded with, it shall be deemed to have been withdrawn and be dropped from the agenda unless the Council otherwise decides. (3) The mover may withdraw a Notice of Motion at any time prior to the commencement of debate thereon. Waiver of Notice of Motion 49. (1) Council may waive Notice of Motion on a two-thirds (2/3rds) vote of the Members present and voting. (2) Notwithstanding subsection (1), the Council may not waive Notice of Motion respecting: (a) a by-law, as set out in Administrative Order 32, the By-law Development Administrative Order; or (b) an Administrative Order Halifax The Procedure on the Council Administrative Order October 18, 2022 Notice of Motion 48. (1) A Notice of Motion shall: (a) be in writing; (b) include the name of the mover; (c) be received by the Clerk at a regular meeting of the Council; and (d) be printed in full in the agenda for the next regular meeting and each successive meeting of the Council until considered or otherwise disposed of. (2) When a Member's motion has been called at two successive meetings of the Council and not proceeded with, it shall be deemed to have been withdrawn and be dropped from the agenda unless the Council otherwise decides. (3) The mover may withdraw a Notice of Motion at any time prior to the commencement of debate thereon. Charlottetown City of Charlottetown Procedural By -Law 2018-19 20 Items Added by Council 20.1. Notwithstanding section 19 of this Bylaw, the Council shall not vote on a motion arising out of an item added to the agenda by a Member until a staff report and recommendation is received from the appropriate standing committee Brampton City Council Handbook 2018-1022: Volume 2 Governance 4.3 Motion Drafting It is the responsibility of a Member to provide motions in writing, as indicated by the Procedure By-law, in advance of a meeting. Should a Member require it, the City Clerk, or designate, may assist Members in drafting motions so they are effective and in order. This service can be provided on a confidential basis. A Member's motion or intentions are not shared without consent from the Member. Such a motion may then be submitted to the City Clerk, within designated timelines, for inclusion as an item of business on an upcoming agenda or may be placed by a member within a meeting in relation to a specific agenda item. City Clerk's staff will advise a Member if they perceive a motion may be deemed out of order but will not interfere if the Member's intent is to place it, for a ruling of the Chair to be made. The introduction and placing of a motion and verbalizing it in the form of reading it aloud, in a meeting, remains the responsibility of the Member, whether or not they have had assistance from, or have provided it to, the City Clerk's Office. 6.4 How Members Add Items to the Agenda 6.4.1 Adding an Item to the Agenda Members of Council have several means available to add items on to an agenda. The easiest way to add an item to the agenda is to contact the City Clerk's office. Under Council's Procedures, a Committee can also add new business at the meeting by a two-thirds majority vote. New business can only be introduced by a Committee Member. Members are strongly encouraged to submit items by the agenda deadline so they can be published with the agenda. This ensures that the public will have ample notice of the matters to be considered by the Committee. Note: Some matters require public notice under legislation or City by-law. It may not be possible for the Clerk to place a matter on the agenda if the notice requirements have not been met. K91197 6.4.2 Notice of Motion (before the main agenda deadline) A Member can submit a Notice of Motion on new business to be considered at a meeting of City Council. The Notice of Motion must be provided to the Clerk no later than 4:30 p.m. on the Tuesday of the week preceding the meeting at which the motion is to be introduced, be in writing, signed by the mover and seconder and be complete and correct. 6.4.3 Motion Without Notice (between the main agenda closing and start of the meeting) Because these Motions ask Council to consider matters without notice to the public (i.e., they did not appear on the published agenda), they should be urgent in nature in order to proceed. During the meeting — Motion Without Notice: A Member can also submit Motions without Notice during the meeting itself. Since there is no public notice and no opportunity for public comment, these types of new business matters are not encouraged. City Council must agree to add the Motion without Notice, with at least a two thirds majority vote. Instructions on how to prepare Notices of Motions can be provided by the City Clerk. City of Brampton Procedure By-law 160-2004 Consolidated to 2022 NOTICE OF MOTION 8.1 Any member may request the Clerk to include a motion on an agenda for a meeting no later than 4:30 p.m. on the Tuesday of the week preceding a meeting at which the motion is to be introduced. 8.2 The motion shall be submitted to the Clerk in writing over the signature of the mover and seconder and shall be complete and correct. 8.3 The motion shall be printed in full on the agenda for the next meeting and may be considered at that time. 8.4 The motion shall be printed in full on the agenda for each succeeding meeting until the motion is considered or otherwise disposed of. 8.5 When a member's motion has been called by the chair at two successive meetings and not proceeded with, it shall be removed from the agenda unless the council or committee, by majority vote, otherwise decides. 4.10 Additions to an Agenda (1) Additions to the agenda for a meeting of the council may be permitted by a two-thirds (2/3) majority vote. (By-law 158-2012) (2) Additions to the agenda for a meeting of a committee may be permitted by a two-thirds (2/3) majority vote. (3) Notwithstanding subsections (1) and (2) above, a Notice of Motion may be added to an agenda with a two-thirds (2/3) majority vote provided the motion is to be dealt with at a subsequent meeting. Collingwood Procedural By -Law 2021-090 19.Notice of Motion Notices of Motion shall be filed in writing with the Clerk and shall be added to the next Agenda of a Regular Meeting of Council as a Notice of Motion. Notwithstanding the written inclusion of a Notice of Motion on an Agenda, any member may verbally provide a Notice of Motion during a Council or Committee Meeting should it pertain to an item being considered on the agenda and provide 251 a written or digital copy following the Meeting to the Clerk. at the next regular meeting of Council and redirect necessary resources. Only the member presenting a notice of motion may provide a brief and concise statement for the notice of motion for the benefit of the members, public and staff. The motion may be referred to the appropriate standing committee for consideration or considered. Should the standing committee be provided with an opportunity to make comment or consider a notice of motion prior to the motion being considered at Council, such comments or recommendations would be provided on the council agenda underneath the motion for council's consideration at the next regular meeting. Where notice of a motion is being requested to be waived and the motion considered at the same meeting, a 2/3 majority vote of the members present at the meeting is required. Waiving notice of motion should only be considered if the matter is urgent and time will not permit the item to be discussed at a subsequent meeting. If 2/3 majority vote is not achieved than the motion will appear on the next regular agenda. Notices of motion requiring action from staff are to include a preamble 'Whereas' sentence identifying how the item is aligned with the Town's strategic plan and departmental budget priorities/business plans as approved by Council, and if it is not aligned, to explain why the matter should be a priority. Resolutions as a result of a motion that may be of interest to other municipalities will be circulated to appropriate municipal advocacy organizations as appropriate for consideration or their circulation if deemed appropriate (i.e. AMO, FCM, AMCTO,•OMMA, etc), unless the resolution pertains to a specific limited number of municipalities. Staff are not responsible for maintaining mailing / distribution lists for all Ontario municipalities. Guelph Procedures of the Council of the City of Guelph By -Law # 2021-20649 5.11 Notices of Motion a) Prior to initiating the notice of motion process, a member shall first submit the proposed motion in writing to the relevant Committee of the Whole Service Area chair for approval to place the matter on a Committee of the Whole agenda. If approved, the motion shall be submitted in writing to the Clerk prior to the regular agenda deadline for inclusion on a committee meeting agenda. b) If approval is not obtained as per Section 5.11 (a), a notice of motion shall be submitted in writing, on the prescribed form, to the Clerk and shall be placed on a regular Council agenda, as a referral to a future Committee of Whole meeting as an item for discussion, or if no future Committee of the Whole meeting has been scheduled, to regular Council. c) The motion may not be submitted as part of a revised agenda. PM d) No delegations shall be permitted to speak on a notice of motion when it appears on an agenda as a referral to the Committee of the Whole Edmonton City of Edmonton Council Procedures By -Law 18155 Consolidated July 4, 2022 NOTICE OF MOTION 32 (1) During each Council and Standing Committee meeting, the Chair must ask all Councillors present if they wish to provide notice of a motion to be made at a subsequent meeting. (1.1) During a Standing Committee meeting, subsection (1) applies only to Councillors that are members of the Standing Committee or acting as an alternate pursuant to section 17 of the Council Committees Bylaw. Nanaimo Council Policy October 21, 2019 PURPOSE: This policy provides a process for members of Council to follow prior to drafting a notice of motion for presentation to Council. The notice of motion process during a meeting is outlined in Section 11 of "Council Procedure Bylaw 2018 No. 7272" as amended from time to time. POLICY: A Notice of Motion is the tool that Council members use to bring topics forward for consideration at a Council meeting. Prior to a member of Council bringing forward a notice of motion, it is recommended these steps, included in the process, be followed: 1.Member of Council identifies: • Topic • Desired outcome • How the resolution adheres to guiding principles in the 2019-2022 Strategic Plan • Drafts resolution and forwards to the City Clerk, copying Mayor and the CAO 2. The City Clerk: • Adjusts wording if required and discusses changes with member of Council • Determines appropriate meeting date to bring notice of motion forward and places on the agenda 3. The Member of Council bringing forward the resolution that is now on the agenda under "Notice of Motion": • Reads out the Notice of Motion on the Agenda NOTE: [No discussion or vote takes place at this time] 4. At the following Council Meeting that the Notice of Motion is considered, now under the "Other Business" heading of the agenda, the following options can occur: NX • Motion may be moved by Council member that brought forward the resolution i. The motion requires a seconder ii. Vote can occur iii. Motion may be passed iv. Motion may be defeated • Any member of Council may refer topic of resolution back to Staff for a report to determine implications, including financial, policy, administrative, legal etc. i. Motion is in order at any time ii. Motion requires a seconder iii. Motion may be passed and item referred back to Staff iv. Motion may be defeated and the original motion would require a vote 5. If the Resolution is referred back to Staff: • Staff reports back to Council with a Staff Report, as soon as possible, outlining any potential implications that may apply to proceeding with the resolution • City Council votes on proposed resolution after receiving Staff Report on subject matter if Staff Report was required Nanaimo Procedural By -Law 2018-7272 Notice of Motion 11.1A Council Member may give a notice of motion respecting an item which he or she intends to present at a future meeting by reading it aloud and providing a copy of the notice of motion to the Chair and the Corporate Officer either before or during the meeting. 11.2The Corporate Officer will include the notice of motion under the notice of motion section in the minutes and will place the notice of motion with any relevant background information under other business on the agenda for the next meeting or another future meeting as requested by the Council Member who presented the notice of motion. 11.31f the Council Member who presented the notice of motion is not in attendance at the meeting when the subject of that notice of motion is brought forward, the notice of motion will be postponed to the next meeting at which the Council Member who submitted the notice of motion is in attendance. CITY OF KAMLOOPS 4.8 Notice of Motion (a) Any Council Member may give "Notice of Motion" respecting a motion which they intend to make at a subsequent Council Ne"I meeting by giving a copy of such motion to the Corporate Officer prior to or during the Council meeting, and upon the Member being acknowledged by the Chair and said Member reading the Notice of Motion aloud at the meeting. (b) A copy of the motion presented under subsection 4.8 (a) shall be distributed to each Member and shall appear as a Notice of Motion in the minutes of the meeting during which said notice was read aloud as per subsection 4.8 (a). (c) The Corporate Officer shall place the Notice of Motion on the next Council meeting agenda, or other future meeting agenda designated by the Member bringing forward the Notice of Motion for consideration. (d) A Member presenting a Notice of Motion must be in attendance as a Member to move that motion when it appears on the specified subsequent agenda. K&I �' fr r{r, I. COUNCIL NOTICE OF MOTION Received Date Meeting Date Open or Closed Open Session Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT: Describe the topic Primary Author Input from Council Input from Staff Council member's name List the council members consulted List the names of the staff consulted PROPOSED MOTION: Provide the exact language of the motion. Consult with staff and clerk for assistance. BACKGROUND INFORMATION: Provide detailed background information. Refer to best practices for drafting a motion. STRATEGIC ALIGNMENT: Describe how this report aligns with corporate strategies/Council priorities. SERVICE AND FINANCIAL OUTCOMES: List financial and service implications (Is there sufficient funding. What are the impacts on services and or human resources) INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS: Provide a full list of all those consulted, including: staff, council, agencies, other stakeholders ATTACHMENTS —Attach relevant information 60— SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 I wwwsaintjohn.ca I C.P 1971 Saint John, N.-B. Canada E2L 41 P�1.1 MONTHLY NEWSLETTER FEBRUARY 2023 w U m Call 5o6-696-0202 E-mail to hello @ compassionategriefceutre.ca Asa FRIDAY, MARCH 31, 2023 7:00-10:00 PM ,,,,,,,,,,,,,,,,,,,,,, ROYAL LEPAGE t11yitic �IIIIIIIIIIIIIIIIIIIIII G0 BEYOND SHADOW LAWN INN TICKETS $1oo 0 Desjardins Insurance Steve Dever * Barb Magee Sarah Mallory -Wright * Rob Scott IL I VSWECrMuf��4ir � Ilinn Tickets—$100 each. 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BR. 53 R.C.L. 2/21/23, 2:29 PM Breakfast with Federal Minister of Transport Omar Alghabra - Feb 28, 2023 Member Login (https://business.thechambersi.com/Login/) (https://www.facebook.com/thesaintjohnregionchamber/)Fl (https://twitter.com/thechombersi)© (https://www. linkedin.com/company/saint-john-region-chamber/?originalSubdomain=ca)® (https://www.instagram.com/thechombersj/)@ 0THE CHAMBER Events v Membership v About (https://thechambersj.com/about/) (htt//thechambersj.cdrIhY) Advocacy (https://thechambersj.com/advocacy-news/) Contact Us (https://thechombersj.com/contact-us/) Join (https://thechambersj.com/join/) Breakfast with Federal Minister of Transport Omar Alghabra 41_(hops://business.thechambersi.com/events/search), { (D Date and Time Tuesday Feb 28, 2023 7:00 AM - 9:00 AM AST Tuesday, February 28, 2023 7:30 am - Registration and Breakfast 8:00 am - Presentation 9:00 am - Adjournment n Location Delta Hotel by Marriott Saint John 39 King Street $ Fees/Admission Members: $35.00+HST Non -Members: $40.00+HST Breakfast with Federal Minister of Tr.. Register » (https:Hbusiness.thechambersj.c m/eve Set a Reminder 261 https://business.thechambersj.com/events/details/breakfast-with-federal-minister-of-transport-omar-alghabra-235 1/3 2/21/23, 2:29 PM Description Breakfast with Federal Minister of Transport Omar Alghabra - Feb 28, 2023 BUSINESS o BREAKFAST The Hon. Omar Alghabra Minister of Transportation Government of Canada Tuesday, February 28, 2023 Delta Hotels by Marriott Saint John 7:30 am - Registration and Networking 8:00 am - Breakfast and Presentation Members: $35.00 + HST Future Members: S40.00 + HST � � w The Hon Omar Alghabra Federal Minister of Transport SFRIFS A"k Emera bUNE3Business SPONSORS: dpNew Brunswick no.....w...,. �.. _.., ,. 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Proposed Sale of Surplus Lands near Taylor Lake EXECUTIVE SUMMARY OF COMMITTEE OF THE WHOLE REPORT FOR OPEN SESSION OF COUNCIL Saint John Water is strategically reviewing its holdings in and around the watersheds and determining surplus portions of these lands that lay outside of the watershed boundaries. Saint John Water staff were approached by a resident about the City's interest in divesting a portion of such lands off the Taylor Lake Road. The land in question does not play an important role in the City's portfolio and could be disposed of should Council agree with the recommendation. The negotiated purchase price exceeds the appraised value significantly. The purpose of this report is to seek authority for the City to enter into an Agreement of Purchase and Sale with 726328 NB Inc. for the sale of the lands in question. COUNCIL RESOLUTION 1. That the City declare a 14.2 ha. portion of PID 354720, identified as lot 21- 01 on a Tentative Subdivision Plan dated October 12, 2022, surplus to its needs in accordance with the Policy regarding the Acquisition or Disposal of Property; 2. That the City enter into an Agreement of Purchase and Sale with 726328 NB Inc. generally in the form as presented to Committee of the Whole at its February 21, 2023 meeting for the sale of the said Lot 21-01 and the granting of a right-of-way over the City owned PID 55018899 for access to the said lot 21-01; 3. That the Mayor and the Clerk be authorized to execute the said Agreement of Purchase and Sale and any documents ancillary thereto or necessary to effect the transaction. W-4—_ l M&C No. 2023-37 Report Date February 14, 2023 Meeting Date February 21, 2023 Service Area Corporate Services SUBJECT. Third Party Claim re Anna Caldwell v. The Corporation of the City of Saint John, Court File No. SJC-6-2023 EXECUTIVE SUMMARY OF COMMITTEE OF THE WHOLE REPORT FOR OPEN SESSION OF COUNCIL The purpose of this report is to seek authority for the City to issue a Third Party Claim against Shannon Caldwell, in the matter of Anna Caldwell v. The Corporation of the City of Saint John, Court File No. SJC-6-2023. COUNCIL RESOLUTION RESOLVED that the General Counsel or her designate be authorized to issue a Third Party Claim against Shannon Caldwell in the matter of Anna Caldwell v. The Corporation of the City of Saint John, Court File No. SJC-6-2023 M&C No. 2023-42 Report Date February 14, 2023 Meeting Date February 21, 2023 Service Area General Counsel SUBJECT: Broydon Rood Encroachment by Debly Resources Inc. EXECUTIVE SUMMARY OF COMMITTEE OF THE WHOLE REPORT FOR OPEN SESSION OF COUNCIL In May 2022, staff discovered an encroachment on City watershed lands at or near the Braydon Road, just outside city limits. Debly Resources Inc., who owns an adjacent parcel of land, was found to be working on and traveling over the City lands to access its land. As a result of the encroachment, the said Lands require remediation. Staff negotiated a settlement with Debly. The purpose of this report is to seek authority for the City to enter into a Settlement Agreement with Debly Resources Inc. for the settlement of claims related to the encroachment. COUNCIL RESOLUTION That the City enter into a Settlement Agreement with Debly Resources Inc. ("Debly") generally in the form as presented to Committee of the Whole at its February 21, 2023 meeting for the settlement of all claims stemming from the encroachment by Debly on City -owned lands located at or near the Braydon Road and identified as PID 00351916; and that the Mayor and Clerk be authorized to execute the said Settlement Agreement and any documents ancillary thereto. IR1 M&C No. 2023-43 Report Date February 15, 2023 Meeting Date November 24, 2020 Service Area Growth and Community Development Services SUBJECT: Creating Affordable Neighbourhoods Fund (CANF) Transfer EXECUTIVE SUMMARY OF COMMITTEE OF THE WHOLE REPORT FOR OPEN SESSION OF COUNCIL The City entered into agreement with CMHC and Envision Saint John on January 1, 2021, and established the Creating Affordable Neighbourhoods Fund (CANF). Generally speaking, the CANF is used to support the development of affordable housing in Saint John through operation and activities of the Saint John Land Bank. The CANF has an oversight committee, whose terms of reference have been approved by the parties in 2022. As per the terms of original agreement, Envision Saint John has formally requested that the City of Saint John manage the CANF going forward, in particular due to alignment with the City's focus on affordable housing. Envision Saint John will continue to have a representative on the CANF oversight committee. The City and CMHC have agreed to this request. The City will manage the CANF effective immediately, and the CANF Oversite Committee will continue to exercise its oversight of the CANF. COUNCIL RESOLUTION That the City enter into a Release Agreement with the Canada Mortgage and Housing Corporation and Envision Saint John: The Regional Growth Agency related to the Creating Affordable Neighbourhoods Fund Agreement generally in the form as presented to Committee of the Whole at its February 21, 2023 meeting, and that that the Mayor and Clerk be authorized to execute the said Release Agreement and any documents ancillary thereto. 180.1.1 M&C No. 2023-038 Report Date February 15, 2023 Meeting Date February 21, 2023 Service Area Transportation and Environment Services SUBJECT: Catalytic Multipurpose Recreational Facility — Professional Fees EXECUTIVE SUMMARY OF COMMITTEE OF THE WHOLE REPORT FOR OPEN SESSION OF COUNCIL In order to advance the design concept for assistance in funding applications related to the one of Council's catalytic projects, consulting support is required, and the estimated fees exceed the CAO's spending authority and therefore Council approval is required. COUNCIL RESOLUTION That Council approve an expenditure of $110,000 plus HST for consultant support related to the scoping and costing work for the Catalytic Multipurpose Recreational Facility funding application. W-1:1-bill Nominating Committee Meeting - February 13, 2023 2nd Floor Boardroom Present: Mayor Donna Reardon Deputy Mayor John MacKenzie Councillor Killen (via Teams) Councillor Ogden City Clerk, Jonathan Taylor Committee of the Whole Members, Subject: Recommended Appointments to Committees The Nominating Committee, having met on February 13, 2023, makes the following recommendations: City of Saint John Shared Risk Pension Plan: to reappoint Michael Duncan for a 4 year term from February 21, 2023, to February 20, 2027; Fort LaTour Authority: Notwithstanding the policy adopted by Common Council on October 29, 2012 regarding appointments to agencies, boards, and commissions, to reappoint Beth Kelly Hatt for a 1 year term from March 3, 2023 to March 2, 2024; Heritage Development Board: to reappoint both Adam Pottle and Melissa Wakefield for 3 year terms from February 24, 2023, to February 23, 2026, and March 3, 2023, to March 2, 2026, respectively; and to appoint Jill Bambury from February 21, 2023, to February 20, 2026; Lord Beaverbrook Rink: to reappoint Mark Hughes from February 24, 2023, to February 23, 2026; Planning Advisory Committee: to reappoint each of Anne McShane, Peter Pappas, and Brad Mitchell for 3 year terms from January 1, 2023, to January 1, 2026; PRO Kids: to appoint both Marcy Barnes and Hebatalla Mohamed for 3 year terms from February 21, 2023, to February 20, 2026; and to appoint Gary Crossman from March 6, 2023, to March 5, 2026; Rockwood Park Endowment Fund: to appoint Jennifer Goguen for a 3 year term from February 21, 2023, to February 20, 2026; and to reappoint Michael Harris for a 3 year term from February 24, 2023, to February 23, 2026; Saint John Communities Arts Board: to appoint Neil Bonner and Sarah Harris each for 3 year terms from February 21, 2023 to February 20, 2026; to appoint Ann Mowatt for a 3 year term from March 6, 2023 to March 5, 2026; and to reappoint Dahlia Das for a 3 year term from July 6, 2023, to July 5, 2026; Saint John Energy: to appoint Eric Poirier for a 3 year term from February 24, 2023, to February 23, 2026; and notwithstanding the policy adopted by Common Council on October 29, 2012 regarding SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L4�vw wsaintjohn.ca I C.R 1971 Saint John, N.-B. Canada E2L4L1 appointments to agencies, boards, and commissions, to reappoint both James Shaw and Shelley Courser for 3 year terms from March 13, 2023 to March 12, 2026, and March 25, 2023, to March 24, 2026, respectively; Saint John Free Public Library: to appoint Emilie Bourque, Jill Davis LeBlanc, and Julia Wright each for 3 year terms from February 21, 2023, to February 20, 2026; Saint John Substandard Properties Appeal Committee: to refer to the Growth Committee to have the Provisions Governing the Procedure and Operation of the Substandard Properties Appeal Committee examined; Sincerely, Donna Reardon Mayor and Chair of the Nominating Committee SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4�7 6 w w saintjohn.ca I C.R 1971 Saint John, N.-B. Canada E2L 4L1