2023-04-17_Agenda Packet--Dossier de l'ordre du jour
City of Saint John
Common Council Meeting
AGENDA
Monday, April 17, 2023
6:00 pm
2nd Floor Common Council Chamber, City Hall
An Electronic means of communication will be used at this meeting. The public may attend the meeting in
person in the Council Chamber or view the meeting on the City’s Website (www.saintjohn.ca) or on Rogers
TV.
Pages
1.Call to Order
1.1 Land Acknowledgement
1.2 National Anthem
2.Approval of Minutes
2.1 Minutes of April 3, 2023 5 - 13
3.Approval of Agenda
4.Disclosures of Conflict of Interest
5.Consent Agenda
5.1 Tender for Asphaltic Concrete Mixes (Recommendation in Report)14 - 16
5.2 Fire Station #1 (47 Leinster Street), #5 (35 Adelaide Street), & # 7 (7
Manchester Avenue West) – Lighting Retrofit (Recommendation in Report)
17 - 20
5.3 Rescheduling of May 29th Council Meeting (Recommendation in Report)21 - 22
5.4 Proposed Public Hearing Date: 693 Manawagonish Road, 26 Foley Court and
33 Birch Grove Terrace (Recommendation in Report)
23 - 24
5.5 2023 Roadway Construction Projects (Recommendation: Receive for
Information)
25 - 35
5.6 Contract No. 2023-16 Asphalt Resurfacing 2023 (Recommendation in Report)36 - 39
5.7 Renewal of Stormwind IT Training (Recommendation in Report)40 - 52
6.Members Comments
7.Proclamation
8.Delegations / Presentations
8.1 NB Power 53 - 65
9.Public Hearings - 6:30 p.m.
9.1 Public Hearing for Street Closure for Portion of Fieldstone Drive (1st and 2nd
Reading)
66 - 74
10.Consideration of By-laws
10.1 Proposed Zoning ByLaw Amendment - 228 Lancaster Avenue (3rd Reading)75 - 77
10.2 Proposed Zoning ByLaw Amendment with Section 59 Conditions - 92-94 Bon
Accord Drive (3rd Reading)
78 - 81
10.3 Flyer Distribution By-Law (1st and 2nd Reading)82 - 93
10.4 Procedural Bylaw Amendment re: Motion by Member (1st and 2nd Reading)94 - 99
11.Submissions by Council Members
12.Business Matters - Municipal Officers
13.Committee Reports
13.1 Finance Committee: 2023 General Fund and Utility Fund Capital Budget
Update
100 - 110
14.Consideration of Issues Separated from Consent Agenda
15.General Correspondence
15.1 SJ Community Arts Board: Spring/Summer 2023 SJ Community Arts Funding
Program (Recommendation: Direct Commissioner of Finance to issue
cheques to Grant Recipients; and receive for information)
111 - 113
15.2 YMCA of Greater Saint John: 3rd Annual YMCA Red Triangle Awards - Ticket
Purchase Request (Recommendation: Refer to Clerk to purchase tickets for
interested members of Council)
114 - 114
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15.3 Operation Feed - Saint John: Request to Present to Council
(Recommendation: Refer to Clerk to schedule presentation)
115 - 116
15.4 Saint John Ability Advisory Committee - Request to Present - Annual Update
(Recommendation: Refer to Clerk to schedule presentation)
117 - 118
16.Supplemental Agenda
17.Committee of the Whole
17.1 Saint John Industrial - Catalytic Project - Update 119 - 119
17.2 Proposed Sale of 450 Falls View Drive 120 - 120
17.3 Stopping Train Whistles Including at Two West Side Rail Crossings 121 - 122
18.Adjournment
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City of Saint John
Common Council Meeting
Monday, April 17, 2023
Committee of the Whole
1. Call to Order
Si vous avez besoin des services en français pour une réunion 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 Labour Matter 68(1)(j)
1.4 Land Matter 68(1)(d)
1.5 Financial Matter 68(1)(c,d)
1.6 Financial Matter 68(1)(c)
1.7 Personal Information 68(1)(b)
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Ville de Saint John
Réunion ordinaire du Conseil municipal
Lundi 17 avril 2023, 18 h
Salle du Conseil, 2e étage de l’Hôtel de Ville
Un moyen de communication électronique sera utilisé lors de cette réunion. Le public
peut assister à la réunion en personne, dans la salle du Conseil, ou par le biais du site
Web de la Ville (www.saintjohn.ca) ou de Rogers TV.
Comité plénier
1. Ouverture de la séance
Si vous souhaitez obtenir des services en français pour une séance du Conseil municipal,
veuillez communiquer avec le bureau du greffier municipal, au 658-2862.
Chacun des points suivants, en totalité ou en partie, peut faire l’objet d’une discussion en
privé en vertu des dispositions du paragraphe 68(1) de la Loi sur la gouvernance locale. Le
Conseil/Comité prendra une ou des décisions à cet égard au cours de la séance publique :
16 h – Séance à huis clos du comité plénier – Salle du Conseil, 2e étage
1.1 Approbation du procès-verbal – paragraphe 68(1)
1.2 Question de nature financière – alinéa 68(1)c)
1.3 Question de travail – alinéa 68(1)j)
1.4 Question liée à des biens-fonds – alinéa 68(1)d)
1.5 Question de nature financière – alinéas 68(1)c), d)
1.6 Question de nature financière – alinéa 68(1)c)
1.7 Renseignements personnels – alinéa 68(1)b)
Réunion ordinaire
1. Ouverture de la séance
1.1 Reconnaissance des territoires
1.2 Hymne national
2. Approbation du procès-verbal
2.1 Procès-verbal de la réunion du 3 avril 2023
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3. Adoption de l’ordre du jour
4. Divulgations des conflits d’intérêts
5. Résolutions en bloc
5.1 Appel d’offres pour des mélanges de béton bitumineux
(Recommandation contenue dans le rapport)
5.2 Caserne de pompiers no 1 (47, rue Leinster), no 5 (35, rue Adelaide) et no 7
(7, avenue Manchester Ouest) – Rénovation du système d’éclairage
(Recommandation contenue dans le rapport)
5.3 Report de la réunion du Conseil du 29 mai (Recommandation contenue
dans le rapport)
5.4 Rapport annuel du Service de police de Saint John pour 2022
(Recommandation : Dépôt pour information)
5.5 Date proposée pour la séance publique concernant les propriétés situées
au 693 Manawagonish Road, au 26 Foley Court et au 33 Birch Grove
Terrace (Recommandation contenue dans le rapport)
5.6 Projets de travaux routiers pour 2023 (Recommandation : Dépôt pour
information)
5.7 Contrat n° 2023-16 Réfection de la chaussée 2023 (Recommandation
contenue dans le rapport)
5.8 Renouvellement de la formation informatique de Stormwind
(Recommandation contenue dans le rapport)
6. Commentaires des membres
7. Proclamation
8. Délégations et présentations
8.1 Énergie NB
9. Séance publique
9.1 Séance publique concernant la fermeture d’une partie de Fieldstone
Drive (première et deuxième lecture)
10. Examen d’arrêtés municipaux
10.1 Proposition de modification de l’Arrêté de zonage concernant la
propriété située au 228 Lancaster Avenue (troisième lecture).
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10.2 Proposition de modification de l’Arrêté de zonage et des conditions de
l’article 59 en ce qui concerne la propriété située au 92-94 Bon Accord
Drive (troisième lecture).
10.3 Arrêté relatif à la distribution de circulaires (première et deuxième
lecture).
10.4 Modification de l’Arrêté concernant le règlement intérieur – motion d’un
membre du Conseil (première et deuxième lecture).
11. Soumissions des membres du Conseil
12. Questions de gestion interne – Agents municipaux
13. Rapports des comités
13.1 Comité des finances : mise à jour du budget d’investissement du Fonds
général et du Fonds des services publics pour 2023.
14. Examen de questions non visées par les résolutions en bloc
15. Correspondance générale
15.1 Conseil des arts communautaires de Saint John : programme de
financement printemps/été 2023 (Recommandation : Demander au
commissaire aux finances d’émettre des chèques à l’intention des
bénéficiaires de subventions, puis dépôt pour information).
15.2 Demande d’achat de billets pour la 3e édition des Red Triangle Awards du
YMCA of Greater Saint John – Demande d’achat de billets
(Recommandation : Demander au greffier d’acheter des billets pour les
membres du Conseil intéressés à participer à cet événement).
15.3 Operation Feed – Saint John : Demande de présentation au Conseil
(Recommandation : Demander au greffier d’organiser une présentation).
16. Ordre du jour supplémentaire
17. Comité plénier
17.1 Saint John Industrial - Projet catalytique - Mise à jour
17.2 Vente proposée du 450 Falls View Drive
17.3 Arrêt des sifflets de train, y compris à deux passages à niveau du côté
ouest
18. Levée de la séance
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COMMON COUNCIL / CONSEIL COMMUNAL
April 3, 2023 / le 3 avril 2023
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MINUTES – REGULAR MEETING
COMMON COUNCIL OF THE CITY OF SAINT JOHN
APRIL 3, 2023 AT 6:00 PM
2ND FLOOR COMMON COUNCIL CHAMBER, CITY HALL
An Electronic means of communication will be used at this meeting. The public may
attend the meeting in person in the Council Chamber or view the meeting on the City’s
Website (www.saintjohn.ca) or on Rogers TV.
Present: Acting Mayor / 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
Absent: Mayor Donna Noade Reardon
Also Present:
Chief Administrative Officer (CAO) B. McGovern
Commissioner Growth & Community Services J. Hamilton
Solicitor J. Boucher
Financial Director C. Lavigne
Commissioner Human Resources S. Hossack
Deputy Fire Chief R. Nichol
Commissioner Utilities & Infrastructure Services I. Fogan
Commissioner Growth & Community Services J Hamilton
Director External Relations L. Caissie
Director Public Works & T. O’Reilly
Director Legislative Services / City Clerk J. Taylor
Manager Legislative Services / Deputy Clerk P. Anglin
1. Call to Order
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April 3, 2023 / le 3 avril 2023
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1.1 Land Acknowledgement
Councillor Stewart read aloud the Land Acknowledgement and called for a moment of
reflection.
“The City of Saint John/Menaquesk is situated is the traditional territory of the
Wolastoqiyik/Maliseet.The Wolastoqiyik/Maliseet along with their Indigenous Neighbours,
the Mi’Kmaq/Mi’kmaw and Passamaquoddy/Peskotomuhkati signed Peace and
Friendship Treaties with the British Crown in the 1700s that protected their rights to lands
and resources.”
1.2 National Anthem
The Saint John High School Orchestra performed O Canada by video.
2. Approval of Minutes
2.1 Minutes of March 20, 2023
Moved by Councillor Radwan, seconded by Councillor Hickey:
RESOLVED that the minutes of March 20, 2023, be approved.
MOTION CARRIED.
2.2 Minutes of March 27, 2023
Moved by Councillor Killen, seconded by Councillor Hickey:
RESOLVED that the minutes of March 27, 2023, be approved.
MOTION CARRIED.
3. Approval of Agenda
Moved by Councillor Radwan, seconded by Councillor Killen:
RESOLVED that the agenda of April 3, 2023 be approved with the addition of items 12.2
additional Letters in Support from YMCA of Greater Saint John, One Change Inc., BGC
Greater Saint John, Envision Saint John; 17.1 Appointments to the Saint John Board of
Police Commissioners and Security Clearance Requirements; 17.2 Summer Ice in
Partnership with Lord Beaverbrook Rink; 17.3 Termination of Lease City Market: Saint
John Bakery Ltd.; and 17.4 Name Change City Market: 514807 NB Inc.
MOTION CARRIED.
4. Disclosures of Conflict of Interest
Councillor Killen declared a conflict of interest with items 17.3 and 17.4.
5. Consent Agenda
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April 3, 2023 / le 3 avril 2023
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5.1 RESOLVED that as recommended by the Planning Advisory Committee, Common
Council approve the following:
1. That Common Council assent to one or more subdivision plans, in one or more phases,
in general accordance with the MDC Holdings Ltd. Tentative Subdivision Plan including
any required Local Government Service Easements and Municipal Drainage Easements,
subject to the following modifications:
a. The incorporation of a Future Street between the proposed Jennifer Street/ Wild Fox
Drive intersection and the property boundary with the adjacent parcel of land to the west
(PID 55091904).
2. Common Council accept money in-lieu of Land for Public Purposes dedication.
3. Common Council authorize the preparation and execution of one or more
City/Developer Subdivision Agreements to ensure the provision of the required work and
facilities, including any necessary temporary turnarounds for the new public street and
detailed engineering, stormwater management, site and individual lot grading plans, and
erosion and sedimentation control plans. This will also include the provision of
approximately 20 metres of sidewalk along the existing section of Jennifer Street north of
Day Drive.
5.2 RESOLVED that as recommended in the submitted report M&C 2023-91:
Engineering Services: Crosswalk, Sidewalk Priorities and Road Safety Education the
proposal from Englobe Corp. for engineering services for the Crosswalk, Sidewalk
Priorities and Road Safety Education project in the amount of $125,789.30 plus a
contingency of $12,500.00 including HST be accepted and that the Mayor and City Clerk
be authorized to execute the appropriate documentation in that regard.
5.3 RESOLVED that as recommended in the submitted report M&C 2023-89: Public
Space at Market Slip – Supply of Thermal Wood Handrail and Stainless-Steel Posts and
Accessories, Common Council approve that:
A) The tender award amount of Contract 2022-081201T: Public Space at Market Slip &
Harbour Passage Extension previously awarded to Maxim Construction Inc. on August
22, 2022, be increased from $15,296,375.73 (including HST) to $15,396,714 (including
HST) based on the additional scope of work added to the contract as detailed in this report.
B) Council accepts the proposal from Dale Fabrication Inc. for supply of Stainless-Steel
Handrail Posts and Accessories in the amount of $467,710.75 including HST and Supply
Chain Management be authorized to purchase the Handrail Posts and Accessories; and
C) The Mayor and City Clerk be authorized to execute any necessary documentation in
that regard.
5.4 RESOLVED that as recommended in the submitted report M&C 2023-75: Green
Municipal Fund Grant Agreement Piloting – Saint John’s Low-Carbon Migration Strategy
with battery electric buses Project, Common Council approve the City entering into the
Grant Agreement in the form as attached to M&C No.2023-075 to receive funding from
the Green Municipal Fund for a pilot project aimed at the reduction of GHG emissions from
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its public and transit fleet operations and that the Mayor and City Clerk be authorized to
execute the said Grant Agreement and any other documents ancillary thereto.
Moved by Councillor Sullivan, seconded by Councillor Stewart:
RESOLVED that the recommendation set out in each consent agenda item respectively
be adopted.
MOTION CARRIED UNANIMOUSLY.
6. Members Comments
Members commented on various local events.
7. Proclamation
The Deputy Mayor proclaimed the week of April 9th to April 15th, 2023, as National Public
Safety Telecommunicators Week in The City of Saint John.
8. Delegations/Presentations
Executive Director Phillippe Ouellette provided an overview of the Fundy Regional Service
Commission governance structure and mandates.
Moved by Councillor Sullivan, seconded by Councillor Hickey:
RESOLVED that the presentation entitled “The New Fundy Regional Service Commission”
be received for information.
MOTION CARRIED.
9. Public Hearings - 6:30pm
9.1 Proposed Zoning By-Law Amendment with Planning Advisory Committee report
and Staff Presentation – 228 Lancaster Avenue (1st and 2nd Reading)
Commissioner Hamilton introduced the proposed amendment to the Zoning By-Law to
rezone a parcel of land having an area of approximately 12,780 square metres, located at
228 Lancaster Avenue, also identified as PID: 00033357, from Regional Commercial (CR)
to Corridor Commercial (CC) to utilize the existing building as office space and
warehousing facilities. Staff and PAC are aligned with respect to the proposed
amendment.
Deputy Mayor MacKenzie called the Public Hearing to Order.
The Deputy Mayor called for members of the public to speak against the proposed
amendment with no one presenting.
The Deputy Mayor called for members of the public to speak in favour of the proposed
amendment with no one presenting.
Deputy Mayor MacKenzie closed the public hearing.
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April 3, 2023 / le 3 avril 2023
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Moved by Councillor Lowe, seconded by Councillor Sullivan:
RESOLVED that the by-law entitled, “A Law to Amend the Zoning By-Law of The City of
Saint John” amending Schedule "A", the Zoning Map of The City of Saint John, by rezoning
a parcel of land having an area of approximately 12,780 square metres, located at 228
Lancaster Avenue, also identified as PID Number 00033357, from Regional Commercial
(CR) to Corridor Commercial (CC), be read a first time.
Read a first time by title, the by-law entitled, “A Law to Amend the Zoning By-Law of The
City of Saint John.”
Moved by Councillor Sullivan, seconded by Councillor Lowe:
RESOLVED that the by-law entitled, “A Law to Amend the Zoning By-Law of The City of
Saint John” amending Schedule "A", the Zoning Map of The City of Saint John, by rezoning
a parcel of land having an area of approximately 12,780 square metres, located at 228
Lancaster Avenue, also identified as PID Number 00033357, from Regional Commercial
(CR) to Corridor Commercial (CC), be read a second time.
Read a second time by title, the by-law entitled, “A Law to Amend the Zoning By-Law of
The City of Saint John.”
9.2 Proposed Zoning By-Law Amendment with Planning Advisory Committee report
and Staff Presentation – 92-94 Bon Accord Drive (1st and 2nd Reading)
Commissioner Hamilton introduced the proposed amendment to the Zoning By-Law to
rezone a parcel of land having an area of approximately 1,037 square metres, located at
92-94 Bon Accord Drive, also identified as PID: 00446310, from Two-Unit Residential (R2)
to Low-Rise Residential (RL) to permit the creation of additional dwelling units.
Deputy Mayor MacKenzie called the Public Hearing to Order.
The Deputy Mayor called for members of the public to speak against the proposed
amendment with no one presenting.
The Deputy Mayor called for members of the public to speak in favour of the proposed
amendment with no one presenting.
Deputy Mayor MacKenzie closed the public hearing.
Moved by Councillor Lowe, seconded by Councillor Sullivan:
RESOLVED that the by-law entitled, “A Law to Amend the Zoning By-Law of The City of
Saint John” amending Schedule "A", the Zoning Map of The City of Saint John, by rezoning
a parcel of land having an area of approximately 1,037.50 square metres, located at 92-
94 Bon Accord Drive also identified as PID 00446310 from Two-Unit Residential (R2) to
Low-Rise Residential (RL) be read a first time.
MOTION CARRIED.
Read a first time by title, the bylaw entitled, “A Law to Amend the Zoning By-Law of The
City of Saint John.”
Moved by Councillor Sullivan, seconded by Councillor Lowe:
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April 3, 2023 / le 3 avril 2023
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RESOLVED that the by-law entitled, “A Law to Amend the Zoning By-Law of The City of
Saint John” amending Schedule "A", the Zoning Map of The City of Saint John, by rezoning
a parcel of land having an area of approximately 1,037.50 square metres, located at 92-
94 Bon Accord Drive also identified as PID 00446310 from Two-Unit Residential (R2) to
Low-Rise Residential (RL) be read a second time.
MOTION CARRIED.
Read a second time by title, the bylaw entitled, “A Law to Amend the Zoning By-Law of
The City of Saint John.”
10. Consideration of By-laws
11. Submissions by Council Members
12. Business Matters – Municipal Officers
12.1 Chief Administrative Officer Update on Select Catalytic Projects and Advocacy
(Verbal)
CAO B. McGovern provided an update on select Catalytic and Advocacy Projects
including an update on homeless encampments.
New Central Peninsula and North End School Construction projects
Fundy Quay Construction
Investment in Industrial Parks
Affordable Housing Action Plan
Homeless encampments. There is a positive trend in a decrease in the
encampments. Vacated encampments are being cleaned-up and the encampments are
being provided with garbage bags to dispose of items no longer needed and garbage
pickup. A protocol is followed to ensure residents are logged and the Saint John Fire
Department provides safety checks.
Moved by Councillor Norton, seconded by Councillor Stewart:
RESOLVED that the Chief Administrative Officer verbal update on Select Catalytic
Projects and Advocacy be received for information.
MOTION CARRIED.
12.2 Update on New Central Peninsula and North End Schools and Community Hubs
Referring to the submitted report M&C 2023-093 D. Dobbelsteyn, outlined the planning for
the schools’ specifications and costs for the Community Hubs were outlined.
Moved by Councillor Sullivan, seconded by Councillor Stewart:
RESOLVED:
1. That Common Council endorse the Growth Model for the Community Hubs for both
the Central Peninsula and North end schools; and
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April 3, 2023 / le 3 avril 2023
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2. That the Mayor send a letter to the Premier requesting the Province finance and
build these Community Hubs due to the unique needs that children and families
experience in Saint John, and
3. That the City continue to collaborate with stakeholders to ensure the Community
Hubs are funded and constructed to meet the needs of our growing community.
MOTION CARRIED UNANIMOUSLY.
13. Committee Reports
14. Consideration of Issues Separate from Consent Agenda
15. General Correspondence
15.1 Crane Mountain Enhancement Inc. – Letter of Thanks (Recommendation:
Respond to request for information)
Moved by Councillor Sullivan, seconded by Councillor Radwan:
RESOLVED that the letter of thanks received from Crane Mountain Enhancement Inc., be
received for information.
MOTION CARRIED.
15.2 Loyal Company Ball 2023 – Ticket Purchase Request (Recommendation: Refer to
Clerk to purchase tickets for interested members of Council)
Moved by Councillor Sullivan, seconded by Councillor Ogden:
RESOLVED that the Loyal Company Ball 2023 Ticket Purchase Request be referred to
the Clerk to purchase tickets for interested members of Council.
MOTION CARRIED.
15.3 Request for Proclamation – Tourette Canada (Recommendation: Refer to Clerk to
prepare proclamation)
Moved by Councillor Norton, seconded by Councillor Sullivan:
RESOLVED that the request for a proclamation from Tourette Canada be referred to the
Clerk to prepare the proclamation.
MOTION CARRIED.
16. Supplemental Agenda
17. Committee of the Whole
17.1 Appointments to the Saint John Board of Police Commissioners and Security
Clearance Requirements
Moved by Councillor Killen, seconded by Councillor Ogden:
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April 3, 2023 / le 3 avril 2023
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RESOLVED that as recommended by the Committee of the Whole, having met on April 3,
2023, Common Council approve the following:
The Security Clearance requirements for Council appointees to the Saint John Board of
Police Commissioners and for Members of Council who sit on the said Board be Reliability
Status (Level I), Enhanced as defined by the Treasury Board of Canada Secretariat ; and
further,
That staff be directed to prepare a letter, for the Mayor’s signature, to the Minister of Public
Safety requesting that the Province of New Brunswick adopt Reliability Status (Level I),
Enhanced as the security clearance requirement for its appointees to the Saint John Board
of Police Commissioners; and seeking confirmation that the decision of Council on security
screening for its appointees to the SJ Board of police Commissioners will not contravene
the pending police legislation reform.
MOTION CARRIED with Councillor Norton voting nay.
17.2 Summer Ice in Partnership with Lord Beaverbrook Rink
Moved by Councillor Sullivan, seconded by Councillor Stewart:
RESOLVED that as recommended by the Committee of the Whole, having met on April 3,
2023, the City enter into a License Agreement with Board of Trustees of the Lord
Beaverbrook Rink at Saint John Inc. for the purpose of setting up and operating the facility
to offer ice time during the summer months in the form as presented to Committee of the
Whole at its meeting held April 3, 2023, and that the Mayor and Clerk be authorized to
execute the said License Agreement and any document ancillary thereto.
MOTION CARRIED.
17.3 Termination of Lease City Market: Saint John Bakery Ltd.
Moved by Councillor Stewart, seconded by Councillor Sullivan:
RESOLVED that as recommended by the Committee of the Whole, having met on April 3,
2023, the City terminate the lease with Saint John Bakery Ltd. effective April 4, 2023; and
further that the Mayor and City Clerk be authorized to execute all such documents ancillary
to such purpose.
MOTION CARRIED.
17.4 Name Change City Market: 514807 NB Inc.
Moved by Councillor Radwan, seconded by Councillor Hickey:
RESOLVED that as recommended by the Committee of the Whole, having met on April
3, 2023, the City consent to the trade name change requested by 514807 NB Inc as
presented to the Committee of the Whole on April 3rd, 2023.
MOTION CARRIED.
18. Adjournment
Moved by Councillor Lowe, seconded by Councillor Norton:
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April 3, 2023 / le 3 avril 2023
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RESOLVED that the meeting of Common Council held on April 3, 2023, be adjourned.
MOTION CARRIED.
The Mayor declared the meeting adjourned at 8:15 p.m.
_________________________
City Clerk
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COMMON COUNCIL REPORT
M&C No. 2023-95
Report Date April 05, 2023
Meeting Date April 17, 2023
Service Area Public Works and
Transportation Services
Her Worship Mayor Donna Noade Reardon and Members of Common Council
SUBJECT: Tender for Asphaltic Concrete Mixes
AUTHORIZATION
Primary Author Commissioner/Dept. Head Chief Administrative
Officer
John Mascarenhas Michael Hugenholtz J. Brent McGovern
RECOMMENDATION
It is recommended that the seasonal tender for the supply of asphaltic concrete
mixes be awarded as follows:
• Pre-Construction Season (April 17th, to May 2nd, 2023) - NRB
Construction Company Ltd.
• Construction Season (May 3rd, to November 5th, 2023) – NRB
Construction Company Ltd.
• Post Construction Season (November 6th, 2023, to plant close) – NRB
Construction Company Ltd.
EXECUTIVE SUMMARY
Every year the City of Saint John issues a tender for the supply of asphaltic
concrete mixes to secure a source of asphalt for its various roadway maintenance
initiatives. The tender closed on April 4th, 2023, with three bids meeting the City’s
requirement. The bid received from NRB Construction Company Ltd. is the lowest
bid for the “before/after” and during-construction season. On average, asphalt
prices have increased 31% relative to 2022; although efforts are being made to
adjust program delivery to mitigate this, such a significant increase in unit costs
may result in reduced amount of work that can be performed within the allotted
budget.
PREVIOUS RESOLUTION
This is an annual program.
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REPORT
Each year the City of Saint John tenders for the establishment of a supply
agreement for the provision of asphaltic concrete mixes to guarantee a supply of
asphalt. This product is used by Public Works and Transportation Services for a
variety of tasks, including asphalt restoration of utility cuts, roadway and sidewalk
repairs, roadway overlays, and miscellaneous maintenance projects.
Traditionally there are three seasons for asphalt: the normal construction season
when production is at its peak and product is readily available; and the pre - post-
construction seasons, when production is low and higher costs are incurred to
produce the product. Bidders are asked to quote a price for the pre -season,
another price for the construction season, and a third price for the post-season.
In this instance, City staff recommends the bidder with the earliest opening date
for the pre-construction season coupled with the lowest bid for all “seasons”.
The City of Saint John makes use of the Ontario Ministry of Transportation
performance grade asphalt cement price index in all its asphalt-related tenders.
In summary, an end-of-season adjustment is made for each monthly change in the
MTO Price Index and applied to the asphalt at the time of purchase, with the
Tender Opening date being the base month. Adjustments are only made if month-
over-month price fluctuations are greater than 5%.
This is a way for the City to share in some of the risks of price fluctuations, leading
to lower overall prices for asphalt as the suppliers are not required to include this
risk in their pricing.
STRATEGIC ALIGNMENT
This report best aligns with the following Council priorities:
• MOVE: offering safe and accessible movement of people and goods on
roads,
• PERFORM: seeking cost competitive asphalt prices, responding to
customer inquiries related to road maintenance including pothole
patching, and adjusting the program plan in face of a significant rise in
asphalt unit costs.
SERVICE AND FINANCIAL OUTCOMES
The total estimated value of the 2023 supply contract is approximately $1,260,000
for all Public Works and Transportation Services’ roadway maintenance programs
(being $715,000 +/- for the patchwork, roadway and sidewalk maintenance, and
the overlay programs; and $545,000 for the Saint John Water cut reinstatement
program).
15
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The 31% increase in asphalt costs over the summer season will likely require an
adjustment in the volume of planned work for surface maintenance. This may
require a reduction in the planned asphalt overlay program this season. This would
also result in costs above budget to reinstate Saint John Water Cuts as these can’t
be left open. To mitigate the increase in price, City staff intends to undertake more
of a “blended pavement management strategy” that includes, Pothole repairs,
Asphalt overlays, Skin patching (Sand/Seal), & milling overlays on low traffic back
roads.
The purchase of asphaltic concrete mixes is a planned expenditure and funds to
cover the programs are included in the 2023 Operating Budget. The supply
agreement does not require us to purchase any minimum amounts so there is no
risk to the City with purchasing less in response to the increased unit prices.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
A public tender call was issued on March 20th, 2023, and closed on Tuesday, April
4th, 2023, with three compliant bids received. The results of the tender (excluding
HST and haulage rates) are:
Supply Chain Management and Public Works & Transportation Services staff have
reviewed the tenders and found them to be complete and formal in every regard.
Staff believe that all tenderers have the necessary resources and expertise to
perform the work. NRB Construction Company Ltd. commence their asphalt plant
operation the earliest, April 17, 2023 and they are low bidder at all times of the
year so they are awarded the supply contract.
The above process is in accordance with the City’s Procurement Policy and Supply
Chain Management supports the recommendation being put forth.
ATTACHMENTS
N/A
16
COMMON COUNCIL REPORT
M&C No. 2023-094
Report Date April 06, 2023
Meeting Date April 17, 2023
Service Area Utilities and
Infrastructure Services
Her Worship Mayor Donna Noade Reardon and Members of Council
SUBJECT: Fire Station #1 (47 Leinster Street), #5 (35 Adelaide Street), & # 7 (7
Manchester Avenue West) – Lighting Retrofit
AUTHORIZATION
Primary Author Commissioner/Dept. Head Chief Administrator Officer
Samir Yammine Ian Fogan J. Brent McGovern
RECOMMENDATION
It is recommended that the tender submitted by Homestar Inc., for the Fire Station
#1, #5 and #7 facilities – Lighting Retrofit Projects in the amount of $107,828.82
plus HST be accepted.
EXECUTIVE SUMMARY
The purpose of this report is to seek Council’s approval to award the Fire Station
#1, #5, #7 facilities – Lighting Retrofit Projects to the lowest compliant bidder.
PREVIOUS RESOLUTION
M&C 2019-107. Common Council approved the City of Saint John Climate Change
Action Plan.
M&C 2018-312. It is recommended that the City enter into the Grant Agreement
with Her Majesty the Queen in Right of Canada, as represented by the Minister of
the Environment who is responsible for the Environment and Clima te Change
Canada under the Low Carbon Economy Fund (LCEF) for the Municipal Buildings
Deep Energy Retrofit (MBDER) in the form and upon the terms and conditions as
attached; and that the Mayor and Common Clerk be authorized to execute the
said Agreement.
17
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REPORT
In 2023, The City of Saint John in cooperation with the consultant conducted a
detailed building condition assessment and energy audit on the three Fire Station
facilities. The objective of the study was to achieve the following:
• Improve the asset data inventories for the Fire Station facilities.
• Help Council as well as staff make more informed investment decisions.
• Develop a 25-year long term capital investment profile on Fire Station
facilities.
• Identify energy and cost savings opportunities using life cycle cost
assessment to reduce energy and maintenance costs as well as GHG
emissions to help achieve Corporate GHG emissions target.
The Fire Station #1, #5 and #7 facilities Lighting Retrofit is considered a high
priority project based on the following criteria:
Level of Service - The replacement of the existing lighting system will
improve the quality of indoor lighting for the staff and the public.
Greenhouse Gas Reductions - The proposed project will reduce GHG
emissions by 16.6 teCO2.
Leverage Capital Funding- Reduce capital expenditure to the city by
$68,322.
Recapitalization Benefits and Asset Renewal - The proposed project will
renew the existing lighting systems and provide a deferred maintenance
benefit of the full contract value, $ 110,717.44. Many of the existing lights
have surpassed their end of asset life.
Reduce Operating Costs -The project will reduce the annual operating cost
including maintenance by approximately $9,000.
The proposed scope of work consists of the following:
Supply and installation of a new LED lighting systems throughout the three
Fire Station facilities including the control system.
Commissioning of the new lighting systems.
STRATEGIC ALIGNMENT
The Fire Station #1, #5 and #7 facilities – Lighting Retrofit is clearly aligned with
the following City plans, policies, Council Priorities, programs, and practices:
• City of Saint John Corporate GHG and Energy Action Plan to reduce GHG
emissions by 30% by 2025 and achieve carbon neutral by 2040.
• City of Saint John Asset Management Policy objectives are to apply risk-
based decision and life cycle costing principles to prioritize capital
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investment, identify alternative measures, facilitate the leveraging of
infrastructure funding from external sources, and improve the reliability of
customer service.
• Council’s Priorities to invest in sustainable City services and municipal
infrastructure.
• City of Saint John Capital Budget Policy.
• City of Saint John Climate Change Action Plan.
SERVICE AND FINANCIAL OUTCOMES
The total cost to complete the lighting retrofit at the three Fire Station facilities, if
awarded to the lowest bidder as recommended, will be $ 110,717.44 including the
HST Rebate.
Cost of this project is funded under the Low Carbon Economy Fund (LCEF), NB
Energy Efficiency Program Funding and the City’s General Capital Program.
The analysis is as follows:
LCEF: $44,286.97
NB Power Energy Efficiency: $22,502
Capital Budget: $43,928.47
The engineer’s estimate is $100,642 Plus HST.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
A public tender call was issued on March 22nd, 2023, and closed on April 4th, 2023.
Five (5) companies responded to the tender call by submitting bids. The results
are as follows (excluding HST):
COMPANY NAME TENDER PRICE*
Energy Network Services Inc. $ 116,631.33
Black and McDonald Ltd. $ 119,590.00
Homestar Inc. $ 107,828.82
KW Electric Ltd. $ 131,700.00
Gilson Construction Ltd. $ 116,175.31
The staff of Supply Chain Management have reviewed the tenders and have found
them to be complete and formal in every regard. Staff believe that the low
tenderer has the necessary resources and expertise to perform the work and
recommend acceptance of their tender.
The above process is in accordance with the City’s Procurement Policy and Supply
Chain Management support the recommendation being put forth.
19
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ATTACHMENTS
NA
20
COMMON COUNCIL REPORT
M&C No. 2023-107
Report Date April 12, 2023
Meeting Date April 17, 2023
Service Area Legislative Services
Her Worship Mayor Donna Noade Reardon and Members of Common Council
SUBJECT: Rescheduling of May 29th Council Meeting
AUTHORIZATION
Primary Author Commissioner/Dept. Head Chief Administrative Officer
Jonathan Taylor Melanie Tompkins J. Brent McGovern
RECOMMENDATION
It is recommended that Council adopt the following resolution:
RESOLVED that the Council meeting of Monday, May 29th, 2023, be cancelled and
rescheduled to Tuesday, May 23rd, 2023.
REPORT
It is recommended that Council reschedule its meeting of May 29th to May 23rd
to accommodate a scheduling conflict affecting several Council members.
Should Council approve this change, the updated meeting schedule w ill have
Council meetings on the following dates:
Monday, May 15th
Tuesday, May 23rd
Monday, June 12th
PREVIOUS RESOLUTION
N/A
STRATEGIC ALIGNMENT
N/A
SERVICE AND FINANCIAL OUTCOMES
N/A
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
N/A
ATTACHMENTS
Council meeting schedule
21
PROPOSED 2023 COMMON COUNCIL MEETING SCHEDULE
Regular Council meetings commence at 6:00 pm in the Council Chamber, 2nd Floor, City Hall.
Committee of the Whole meetings commence at 4:30 pm in the 2nd Floor Boardroom of City Hall
January 3, 2023 (Tuesday) No meeting
January 9, 2023 REGULAR MEETING with PUBLIC HEARING
January 16, 2023 No meeting scheduled – only if required
January 23, 2023 REGULAR MEETING
January 30, 2023 No meeting scheduled – only if required
February 6, 2023 REGULAR MEETING with PUBLIC HEARING
February 13, 2023 No meeting scheduled – only if required
February 21, 2023 (Tuesday) REGULAR MEETING
February 27, 2023 No meeting scheduled – only if required
March 6, 2023 REGULAR MEETING with PUBLIC HEARING
March 13, 2023 No meeting scheduled – only if required
March 20, 2023 REGULAR MEETING
March 27, 2023 No meeting scheduled – only if required
April 3, 2023 REGULAR MEETING with PUBLIC HEARING
April 11, 2023 (Tuesday) No meeting scheduled – only if required
April 17, 2023 REGULAR MEETING
April 24, 2023 No meeting scheduled – only if required
May 1, 2023 REGULAR MEETING with PUBLIC HEARING
May 8, 2023 No meeting scheduled – only if required
May 15, 2023 REGULAR MEETING
May 23, 2023 (Tuesday) REGULAR MEETING
May 29, 2023 No meeting scheduled
June 5, 2023 No meeting scheduled – only if required
June 12, 2023 REGULAR MEETING with PUBLIC HEARING
June 19, 2023 No meeting scheduled – only if required
June 26, 2023 REGULAR MEETING
July 4, 2023 (Tuesday) No meeting scheduled – only if required
July 10, 2023 REGULAR MEETING with PUBLIC HEARING
July 17, 2023 No meeting scheduled – only if required
July 24, 2023 REGULAR MEETING
July 31, 2023 No meeting scheduled – only if required
August 8, 2023 (Tuesday) No meeting scheduled – only if required
August 14, 2023 No meeting scheduled – only if required
August 21, 2023 REGULAR MEETING with PUBLIC HEARING
August 28, 2023 No meeting scheduled – only if required
September 5, 2023 (Tuesday) REGULAR MEETING with PUBLIC HEARING
September 11, 2023 No meeting scheduled – only if required
September 18, 2023 REGULAR MEETING
September 25, 2023 No meeting scheduled – only if required
October 2, 2023 REGULAR MEETING with PUBLIC HEARING
October 10, 2023 (Tuesday) No meeting scheduled – only if required
October 16, 2023 REGULAR MEETING
October 23, 2023 No meeting scheduled – only if required
October 30, 2023 REGULAR MEETING
November 6, 2023 No meeting scheduled – only if required
November 14, 2023 (Tuesday) REGULAR MEETING with PUBLIC HEARING
November 20, 2023 No meeting scheduled – only if required
November 27, 2023 REGULAR MEETING
December 4, 2023 No meeting scheduled – only if required
December 11, 2023 REGULAR MEETING with PUBLIC HEARING
December 18, 2023 No meeting scheduled – only if required
December 27, 2023 (Wednesday) No meeting
** The Procedural By-law provides for Council and/or Committee of the Whole meetings to be
scheduled, as required, on the alternate Monday of the regularly scheduled Council meeting.
22
COMMON COUNCIL REPORT
M&C No. 2023-096
Report Date April 13, 2023
Meeting Date April 17, 2023
Service Area Growth and Community Services
Her Worship Mayor Donna Noade Reardon and Members of Common Council
SUBJECT: Proposed Public Hearing Date: 693 Manawagonish Road, 26 Foley
Court and 33 Birch Grove Terrace
AUTHORIZATION
Primary Author Commissioner Chief Administrative Officer
Jennifer Kirchner Jacqueline Hamilton J. Brent McGovern
RECOMMENDATION
RESOLVED That Common Council schedule the public hearing for the Zoning By-
law Section 59 amendment application submitted by Kevin Matheson for 693
Manawagonish Road (PID: 55037683), the Zoning By-law Section 59 amendment
application submitted by Micheal Folkins for 26 Foley Court (PID: 00314922 ), and
a Zoning By-law rezoning application submitted by HaiPeng Luo for 33 Birch Grove
Terrace (PID: 55230767) for Monday, June 12, 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
Section 59 amendment and Rezoning applications received and to recommend an
appropriate public hearing date for these applications. The next available public
hearing date is Monday, June 12, 2023.
PREVIOUS RESOLUTION
At its meeting of August 3, 2004, Common Council resolved that:
1. the Commissioner of Planning and Development receive all
applications for amendments to the Zoning By-law and Section 39
[now referred as section 59] resolutions/agreements and proceed
to prepare the required advertisements; and
2. when applications are received a report will be prepared
recommending the appropriate resolution setting the time and
place for public hearings and be referred to the Planning Advisory
Committee as required by the Community Planning Act.
REPORT
In response to the motion above, this report indicates the applications received
and recommends an appropriate public hearing date. Details of the application s
23
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are available in the Common Clerk’s office and will form part of the documentation
at the public hearing.
Name of
Applicant
Location Existing
Zone
Reason
Kevin
Matheson
693
Manawagonish
Road (PID:
55037683)
Low-Rise
Residential (RL)
The proposed Section 59
amendment will allow for the
establishment of a 4th dwelling
unit within the existing 3-unit
residential building.
Micheal
Folkins
26 Foley Court
(PID:
00314922)
Low-Rise
Residential (RL)
The proposed Section 59
amendment will allow for the
establishment of a 4th dwelling
unit within the existing 3-unit
residential building.
Name of
Applicant
Location Existing
Zone
Proposed
Zone
Reason
HaiPeng Luo 33 Birch Grove
Terrace (PID:
55230767)
One-Unit
Residential (R1)
Low-Rise
Residential (RL)
To legalize an
existing 3rd
dwelling unit.
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.
SERVICE AND FINANCIAL OUTCOMES
The scheduling of the public hearing and referral to the Planning Advisory
Committee satisfies the legislative and service requirements as mandated by the
Community Planning Act.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
N/A
ATTACHMENTS
None
24
COUNCIL REPORT
M&C No. 2023-104
Report Date April 12, 2023
Meeting Date April 17, 2023
Service Area Utilities and Infrastructure
Services
Her Worship Mayor Donna Noade Reardon and Members of Council
SUBJECT: 2023 Roadway Construction Projects
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Council.
AUTHORIZATION
Primary Author Commissioner/Dept. Head Chief Administrative Officer
Kurt Smith Ian Fogan/ Michael
Baker
J. Brent McGovern
RECOMMENDATION
It is recommended that this report be received and filed.
EXECUTIVE SUMMARY
The City of Saint John has several major construction projects under both the
General Fund and Utility Fund Capital Programs that will have a significant impact
on traffic arteries. A map identifying the location of 2023 City projects is
attached. Projects that will have a more significant impact on traffic are
highlighted later in this report.
PREVIOUS RESOLUTIONs
M&C 2022-317: October 17, 2022; 2023 and 2024 General and Utility Fund
Capital Budget, Approved
STRATEGIC ALIGNMENT
This report aligns with Council’s Priorities for GROW, GREEN, BELONG, MOVE
and PERFORM as both 2023 Capital Programs have many projects that align with
each priority.
25
REPORT
Staff from local road authorities - Gateway Operations, New Brunswick
Department of Transportation and Infrastructure (NBDTI), and the City of Saint
John met via Microsoft Teams on April 6, 2023, to exchange information on
planned construction projects and to consider effects of the construction on the
transportation network and traffic in the Saint John region. Also included in the
meeting were local utilities Saint John Energy, Bell Aliant, Liberty Utilities,
Enbridge, Emera Brunswick Pipeline, and Rogers Communication. The meeting
was productive with groups sharing information on major projects that.will
impact traffic flows during the 2023 construction season.
The purpose of this report is to update Council on current and planned roadway
construction and the steps being taken to help mitigate impacts on users of the
transportation network.
The following information details the anticipated work that will be taking place
this season by the various stakeholders.
Gateway Operations
Mill Street Viaduct
o Concrete curb repairs on both sides of the viaduct (1 side
at a time).
o Work expected to take entire summer.
o Minimal traffic control on Hilyard Street and Station
Street expected.
Somerset Off Ramp - West Bound
o Asphalt Patching and Repairs
NBDTI Projects
Harbour Bridge Repairs - Traffic on Route 1 will be reduced to a single lane
in each direction.
o 15 Minute full closures are expected throughout the construction
season
Reversing Falls
o Rock maintenance with the City of Saint John project.
It should be noted that Public Works and Transportation Services and NBDTI have
and will continue to collaboratively monitor traffic flow and community feedback
and identify further improvements for the multiple -year Harbour Bridge
rehabilitation project and required modifications to the Reversing Falls Bridge.
Saint John Energy Projects
Manawagonish Road conversion to Hendrix wire.
26
Upgrades to underground vaults on Somerset Street at Barker Street and
Germain Street at Princess Street.
Cranston Avenue Substation on site work.
Main Street and Douglas Avenue clean up from new pole installation.
Douglas Avenue switch over of wiring from the old poles to the new poles.
Replacing direct buried cable on Bedell Avenue.
Replacing direct buried cable on Westminster Court.
Decommissioning of the Smythe Street Substation.
Installation of new wires to the Paradise Row Substation
City Projects
The attached City of Saint John Projects Map for 2023 includes projects under
several categories:
Asphalt Maintenance Resurfacing
Water and Sewer Construction
Street Reconstruction
Roadway Maintenance Asphalt Overlay
Quality of Life Projects
Generally, the Asphalt Maintenance Resurfacing projects are carried out in
stages: asphalt cold milling, structure adjustments and paving. These projects are
normally of short duration with each location taking a few days to complete
depending on the length of roadway to be resurfaced. The construction duration
will be longer for those locations where concrete curbs/sidewalks are included.
Water & Sewer Construction requires trench excavation in roadways and will
result in lane reductions. There will be full road closures only in special cases
where buried infrastructure is complex and significant work is being carried out
simultaneously in various sections of the closed roadway.
Street Reconstruction projects normally involve underground infrastructure
renewals and replacement of roadway granulars in preparation for new curb,
sidewalk, and asphalt installations. This type of construction work normally
requires a full road closure.
Roadway Maintenance Asphalt Overlay maintenance projects are carried out
where the service life of a street cannot be extended by asphalt maintenance
resurfacing and the street is not slated for street reconstruction within the next
five years. The intent of the program is to maintain the street in a functional
condition until such time as the street can be reconstructed. City Crew’s overlay
the existing street surface with a layer of asphalt. As the construction season
progresses City staff will provide more details to the public around the streets
that will receive an asphalt overlay in 2023 under Public Works and
Transportation’s program.
27
From the Projects Map, the following projects will result in significant impacts to
traffic flow:
Rockland Road and Burpee Avenue (Parks Street to Paradise Row) – Street
Reconstruction – road closure and detour with access for local traffic.
Main Street North (Lansdowne Avenue to Union Street) Active
Transportation - lane reductions.
Germain Street (Lower Cove Loop to St. James Street) – Street
Reconstruction – road closure and detour with access for local traffic.
Germain Street (Duke Street to King Street) Storm Sewer installation – road
closure and detour with access for local traffic.
Adelaide Street (Victoria Street to Millidge Avenue) - Asphalt Maintenance
Resurfacing - lane reductions.
Bay Street (Manchester Avenue to Gault Road) – Asphalt Maintenance
Resurfacing – lane reductions.
Charlotte Street (St. James Street to Lower Cove Loop) - Street
Reconstruction – road closure and detour with access for local traffic.
Haymarket Square Ramps (City Road to Crown Street) – Asphalt
Maintenance Resurfacing – lane reductions.
Millidge Avenue (Adelaide Street to Tartan Street) - Asphalt Maintenance
Resurfacing - lane reductions.
Sydney Street (Broad Street to Tin Can Beach) - Street Reconstruction –
road closure and detour with access for local traffic.
Rodney Street (Market Place to Watson Street) - Street Reconstruction –
road closure and detour with access for local traffic.
St. James Street (Charlotte Street to Germain Street) - Street
Reconstruction – road closure and detour with access for local traffic.
Market Slip Plaza Renewal – Site closure and detour for pedestrian traffic.
Westfield Road (Atkins Roadway to Civic # 2365) - Asphalt Maintenance
Resurfacing - lane reductions.
28
Britain Street (Pitt Street to Wentworth Street) - Street Reconstruction –
road closure and detour with access for local traffic.
Broad Street (Charlotte Street to Carmarthen Street) - Street
Reconstruction – road closure and detour with access for local traffic.
Carmarthen Street (Mecklenburg Street to Orange Street) - Street
Reconstruction – road closure and detour with access for local traffic.
Peters Street (Waterloo Street to Coburg Street) - Street Reconstruction –
road closure and detour with access for local traffic.
Pitt Street (St. James Street to Broad Street) - Street Reconstruction – road
closure and detour with access for local traffic.
Garden Street (Coburg Street to City Road) - Street Reconstruction –
Potential traffic disruptions for this project will be finalized prior to
tendering the work to ensure traffic effects are the least possible to the
travelling public.
Waterloo Street (Union Street to Peters Street) - Street Reconstruction –
road closure and detour with access for local traffic.
Traffic disruption could be subject to change depending on particular design ,
contractor availability to perform the work and/or construction circumstances.
Detailed traffic control plans will be developed with contractors and design
consultants for all major construction projects. In addition to those identified
above, other planned projects shown on the Projects Map are expected to be
less disruptive.
There will also be normal operational and maintenance activities carried out by
Utilities and Infrastructure Services and Public Works and Transportation
Services crews. These are smaller in scope and usually only disrupt traffic on a
street or street sections for a relatively short period.
SERVICE AND FINANCIAL OUTCOMES
The planned roadway construction projects will result in improvements to the
municipal infrastructure.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
Keeping citizens informed is a key component of a successful construction
season. Utilities and Infrastructure Services, Public Works and Transportation
Services, External Relations Services, and Saint John Police will work together
with SJ Transit, SJ Parking, NBDTI, Gateway Operations and the various other
29
utilities and contractors to ensure that the public is kept informed on projects,
delays, and changes to traffic patterns. The various groups will also work together
to promote information regarding alternate routes and modes of transportation.
The City's Corporate Communications team develops a variety of specific
campaigns, and ongoing messaging as needed, to keep the public informed on
construction progress throughout the season, along with impacts on the highway
and road networks and various forms of transportation. This information is
shared with the Customer Service team for consistency and accurac y in
communicating with the public.
The following methods will be used to communicate information to the public:
Public information notices for major projects where required.
Weekly construction updates posted to the City's website, and searchable
by area.
Comprehensive project information posted on the City’s website
including a construction map, a list of all projects and an
explanation of the work to be carried out and detailed
information about large projects.
"Spot" traffic advisories disseminated as required through various
channels including website, media, Twitter and Facebook.
Onsite information signage where needed highlighting work and
investment.
Working with Envision Saint John and Uptown SJ to keep
visitors/tourists informed.
Interactions through the Customer Service Centre.
Public engagements, as required.
Many construction projects and activities have begun or are planned for the 2023
construction season. The various organizations are coordinating their public
communications efforts and this will continue as projects progress. Construction
is necessary for Asset Management and the public should expect disruption to
traffic flows. Patience and understanding on the part of all network users will be
important as we make significant infrastructure improvements and investments
to modernize Saint John.
ATTACHMENTS
City of Saint John 2023 Construction Season Projects List
City of Saint John 2023 Construction Season Projects Map
City of Saint John Weekly Construction Update (2022 Example)
30
COSJ 2023 Capital Projects
Project Location Limits Type of work
Active Transportation ‐ Boars Head Road Civic #399 to Woodward Avenue Street Reconstruction
Active Transportation ‐ Main Street North Main Street North Quality of Life
Adelaide Street Victoria Street to Millidge Avenue Asphalt Maintenance Resurfacing
Bay Street Manchester Avenue to Gault Road Asphalt Maintenance Resurfacing
Bayview Drive Quinton Avenue to Fenton Drive Asphalt Maintenance Resurfacing
Including Curb
Beautification of Little River Reservoir Little River Reservoir Quality of Life
Bedell Avenue Daniel Avenue to Deveber Terrace Asphalt Maintenance Resurfacing
Sidewalk Both Sides Only. No Paving
Birch Street Manawagonish Road to McCavour Drive Asphalt Maintenance Resurfacing
Including Curb and Sidewalk
Britain Street Pitt Street to Wentworth Street Street Reconstruction
Broad Street Charlotte Street to Carmarthen Street Street Reconstruction
Burpee Avenue Rockland Road to Civic # 99 Street Reconstruction
Carmarthen Street Mecklenburg Street to Orange Street Street Reconstruction
Charlotte Street St. James Street to Lower Cove Loop Street Reconstruction
Charlotte Street Trinity Church to Princess Street Street Reconstruction
Charlotte Street King Square South to Union Street Street Reconstruction
Clarendon Street Douglas Avenue to Harvey Street Asphalt Maintenance Resurfacing
Crown Street Hanover Street to Marsh Creek Water and Sewer Construction
CSO Rehabilitation Lower Cove Area Water and Sewer Construction
Daniel Avenue
Millidge Avenue to Grant Crescent Asphalt Maintenance Resurfacing
Sidewalk North Side Only. No Paving
Dominion Park Rehabilitation Dominion Park Quality of Life
Dominion Park Road Green Head Road to Tippets Drive Asphalt Maintenance Resurfacing
Including Curb and Sidewalk
Dominion Park Road Lift Station A Water and Sewer Construction
Dwyer Road Green Head Road to Kingsville Road Asphalt Maintenance Resurfacing
Including Curb and Sidewalk
Forest Hills Play Ground Forest Hills Quality of Life
Gaelic Drive Westgate Drive to Civic # 32 Asphalt Maintenance Resurfacing
Garden Street Coburg Street to City Road Street Reconstruction
Germain Street St. James St. to Lower Cove Loop Street Reconstruction
Germain Street Duke Street to King Street Water and Sewer Construction
Golden Grove Road
City Limits to Airport Arterial Asphalt Maintenance Resurfacing
Harbour Passage Sydney Street (Broadview Avenue to Tin
Can Beach
Quality of Life
Harvey Street Main Street to Clarendon Street Asphalt Maintenance Resurfacing
Haymarket Square Ramps City Road to Crown Street Asphalt Maintenance Resurfacing
King William Road Highway Overpass to Ocean Westway Asphalt Maintenance Resurfacing
Kingsville Road Milford Road to Dwyer Road Asphalt Maintenance Resurfacing
Lancaster Lagoon Lancaster Lagoon Water and Sewer Construction
Leblanc Court Dominion Park Road to Dominion Park
Road
Asphalt Maintenance Resurfacing
Including Curb
Market Place West Improvements Market Place West Quality of Life
McCavour Drive Birch Street to Manchester Avenue Asphalt Maintenance Resurfacing
McLaughlin Crescent Westmorland Road to McLean Street Asphalt Maintenance Resurfacing
Millidge Avenue Adelaide Street to Tartan Street Asphalt Maintenance Resurfacing
Millidgeville I&I Candlewood lane and Caledonia Brook Water and Sewer Construction
Morris and McKiel Street Collins Street to Connors Street Street Reconstruction
Natalie Street Visart Street to Millidge Avenue Street Reconstruction
Ocean Westway King William Road to Misty Harbour
Seafood
Asphalt Maintenance Resurfacing
One Mile Lift Station Rothesay Avenue at Russell Street Water and Sewer Construction
Peters Street Waterloo Street to Coburg Street Street Reconstruction
Phase III Rockwood Park Master Plan Rockwood Park Quality of Life
Pitt Street St. James Street to Broad Street Street Reconstruction
Pitt Street St. James Street to Mecklenburg Street Street Reconstruction
Quality of Life Investment Market Slip Quality of Life
Reversing Falls Various area Improvements Fallsview Drive Quality of Life
Rockland Road Parks Street to Paradise Row Street Reconstruction
Rodney Street Market Place to Watson Street Street Reconstruction
St. James Street Germain Street to Charlotte Street Street Reconstruction
St. Paul Street Winter Street to Dead End Street Reconstruction
Sydney Street Broadview Avenue to Tin Can Beach Street Reconstruction
Sydney Street
St. James Street to Queen Square North
Street Reconstruction
Traffic Signals Garden Street @ Hazen Street Street Reconstruction
Traffic Signals Garden Street @ City Road Street Reconstruction
Valleyview Crescent Mollins Drive to Greendale Crescent Asphalt Maintenance Resurfacing
Including Curb
Waterloo Street Union Street to Peters Street Street Reconstruction
Waterloo Street Cliff Street to Richmond Street Water and Sewer Construction
Westfield Road Atkins Roadway to Civic # 2365 Asphalt Maintenance Resurfacing
Including Curb and Sidewalk
Westgate Drive Manawagonish Road to Downsview Drive Asphalt Maintenance Resurfacing
WWPS Beach Crescent 11 Beach Crescent Water and Sewer Construction
WWPS Rockwood Park Golf Course Rockwood Park Water and Sewer Construction
WWPS Tippett Drive 651 Tippett Drive Water and Sewer Construction
WWPS Woodlawn Park 1335 Red Head Road Water and Sewer Construction
31
City of Saint John
Projets 2023 Projects
Asphalt Maintenance Resurfacing
Entretien et resurfaçage de la chaussée asphaltée
Street Reconstruction
Reconstruction des Routes
Water and Sewer Renewals
Renouvellement Eau / Égout
Roadway Maintenance Asphalt Overlay
Revêtement de la chaussée asphaltée
Quality of Life Project
Projets sur la qualité de vie
rue Germain St.
rue Crown St.
CSO Rehabilitation
prom. Fallsview Dr.
rue Britain St.
rue Main St. N
rue Pitt St.
ch. Rockland Rd.
Little River Reservoir
rue Charlotte St.
crois. McLaughlin Cr.
cour Leblanc Ct.
Dominion Park Rehabilitation
ch. Dominion Park Rd.
Forest Hills Playground
prom. Tippett Dr.
rue Sydney St.
rue Garden St.
rue Clarendon St.
Market Place West
rue St. James St.
rue Charlotte St.
ch. King William Rd.
ch. Dwyer Rd.
Millidgeville I&I
rue Bay St.
carre Haymarket Square
rue Peters St.
Rockwood Park
rue Rodney St.
rue Adelaide St.
Market Slip
rue Carmarthen St.
ch. Westfield Rd.
crois. WWPS Beach Cr.
WWPS Woodlawn Park
av. Burpee Av.
crois. Valleyview Cr.
rue Birch St.
Lancaster Lagoon
Rockwood Park
rue Germain St.
One Mile Lift Station
rue Natalie St.
rue Sydney St.
rue Broad St.
Shamrock Park Score Clock
rue Waterloo St.
rue St. Paul St. Shamrock Park CB Redirect
ch. Boars Head Rd.
rue McKiel St.
rue Morris St.
rue Waterloo St.
av. Millidge Av.
prom. Bayview Dr.
av. Bedell Av.
rue Harvey St.
av. Daniel Av.
prom. Gaelic Dr.
ch. Kingsville Rd.
voie Ocean Westway ouest
prom. McCavour Dr.
prom. Westgate Dr.
prom. Dominion Park Rd.
32
WEEKLY CONSTRUCTION UPDATE
Utilities & Infrastructure Services
Services d’utilité publique et d’infrastructure
(506) 658‐4455 / service@saintjohn.ca
http://www.saintjohn.ca
Drive with Caution or Use Alternate Routes Conduisez prudemment ou utilisez un trajet de rechange
Police Will Be Monitoring Traffic La police surveillera la circulation
Expect Traffic Interruptions S’attendre à des interruptions de la circulation
CITY OF SAINT JOHN PROJECTS
NEW/NOUVEAU
CONTINUING/ENCOURS:
Contract 2021‐14: Germain Street (St. James
Street to Lower Cove Loop) & Lower Cove Loop
July 6, 2022 – For Germain Street the work
generally involves the renewal of the watermain
and sanitary and storm sewer mains and full
street reconstruction from St. James Street to
Lower Cove Loop. For Lower Cove Loop the work
generally involves the installation of a new
sanitary sewer and watermain from Canterbury
Street to Charlotte Street. Local access will be
maintained but delays should be
expected. Marked detours will be in
place. Please obey traffic signage or choose an
alternate route.
Starting July 6, 2022, Lower Cove Loop will be
closed to through traffic from Prince William
Street to Charlotte Street. Local access will be
maintained. A marked detour route via Duke
Street and Charlotte Street will be provided.
Anticipated Completion: October 31, 2022
Contrat 2021‐14 : Rue Germain (de la rue St.
James à Lower Cove Lopp) et Lower Cove Loop
Le 6 juillet 2022 –Pour la rue Germain, les
travaux comprennent généralement le
renouvellement de la conduite d’eau majeure et
des conduites principales d’égouts sanitaires et
pluviaux et la reconstruction complète de la rue
de la rue St. James à Lower Cove Loop. Pour
Lower Cove Loop, les travaux incluent
généralement l’installation d’une nouvelle
conduite d’égout sanitaire et d’une conduite
d’eau majeure de la rue Canterbury à la rue
Charlotte. L’accès local sera maintenu, mais on
peut s’attendre à des ralentissements. Des
détours marqués seront en place. Veuillez
respecter les panneaux de signalisation routière
ou choisir une autre voie.
À compter du 6 juillet 2022, Lower Cove Loop
sera fermé à la circulation de la rue Prince
William à la rue Charlotte. L’accès local sera
maintenu. Un itinéraire de détour marqué par la
rue Duke et la rue Charlotte sera fourni.
Date d’achèvement prévue : 31 octobre 2022
Construction Update/Nouvelles hebdomadaires November 17, 2022/ le 17 octobre 2022
33
Contract 2022‐04: Mecklenburg Street
(Wentworth Street to Crown Street)
June 27, 2022 ‐ The work will involve the renewal
of the watermains and sanitary and storm sewer
mains as well as full street reconstruction on
Mecklenburg Street (Wentworth Street to Crown
Street).
Local access will be maintained but delays should
be expected. Please obey traffic signage or
choose an alternate route.
Anticipated completion: October 31, 2022
Contrat 2022‐04 : Rue Mecklenburg (de la rue
Wentworth à la rue Crown)
27 juin 2022 – Les travaux comprendront la
réhabilitation des conduites principales d’eau et
d’égouts sanitaires et d’eaux pluviales ainsi que la
reconstruction complète de la rue Mecklenburg
(de la rue Wentworth à la rue Crown).
L’accès local sera maintenu, mais des retards
devraient être prévus. Veuillez respecter les
panneaux de signalisation routière ou choisir un
autre itinéraire.
Achèvement prévu : 31 octobre 2022
Traffic Advisory – Lancaster Avenue & Riverview
Drive Structures – Route 1
April 5, 2022 ‐ Gateway Operations wishes to
advise that both the eastbound and
westbound lanes, directly west of the Saint
John Harbour Bridge, will be reduced to
single lane traffic effective April 05th and
continuing throughout the construction
season. This is to accommodate
rehabilitation of both the Lancaster Avenue
and Riverview Drive structures.
We ask motorists to please drive slowly through
the construction zones..
For inquiries please contact:
1-888-860-8399
operations@gatewayops.
Avis de circulation – Structures de l'avenue
Lancaster et de la promenade Riverview ‐ Route
1
Le 5 avril 2022 ‐ Gateway Operations souhaite
informer que les voies en direction est et ouest,
directement à l'ouest du pont du Harbour de
Saint John, seront réduites à la circulation à
voie unique à compter du 5 avril et se
poursuivront tout au long de la saison de
construction. Il s'agit de permettre la
réhabilitation des structures de l'avenue
Lancaster et de la promenade Riverview.
Nous demandons aux automobilistes de bien
vouloir rouler lentement dans les zones de
construction
Pour toute demande, veuillez contacter :
1-888-860-8399
operations@gatewayops.ca
34
Traffic Advisory – Harbour Bridge
April 5, 2022 ‐ The Department of Transportation
and Infrastructure advises the travelling public
that the Saint John Harbour Bridge will be
reduced to two lanes until Oct. 31, 2022.
Significant delays are expected, and the travelling
public is encouraged to reduce speed, drive
safely, and to check NB511 for updates.
The department appreciates the public’s patience
as this work takes place as part of the Phase 2
rehabilitation of the Harbour Bridge.
Anticipated Completion: October 31, 2022
Avis de circulation – pont Harbour
5 avril 2022 ‐ Le ministère des Transports et de
l’Infrastructure avise le public voyageur à la
circulation sur le pont du port de Saint John sera
réduite à deux voies au 31 octobre 2022.
Des délais importants sont à prévoir, et on invite
le public à réduire sa vitesse, à conduire avec
prudence et à consulter le NB511 pour obtenir
des mises à jour.
Le ministère apprécie la patience du public. Ces
travaux font partie de la phase 2 de la remise en
état du pont Harbour.
Achèvement prévu : 31 octobre 2022
35
COUNCIL REPORT
M&C No. 2023-85
Report Date April 11, 2023
Meeting Date April 17, 2023
Service Area Utilities and
Infrastructure Services
Her Worship Mayor Donna Noade Reardon and Members of Council
SUBJECT: Contract No. 2023-16 Asphalt Resurfacing 2023
AUTHORIZATION
Primary Author Commissioner/Dept. Head Chief Administrator
Officer
Rod Mahaney Ian Fogan/Michael
Hugenholtz/Michael
Baker
J. Brent McGovern
RECOMMENDATION
It is recommended that Contract No. 2023-16: Asphalt Resurfacing 2023 be
awarded to the low Tenderer, Galbraith Construction Ltd., at the negotiated
tendered price of $6,954,384.94 (including HST) as calculated based upon
estimated quantities, and further that the Mayor and City Clerk be authorized to
execute the necessary contract documents.
EXECUTIVE SUMMARY
The purpose of this report is to recommend that Council award Contract 2023-16:
Asphalt Resurfacing 2023 to the low Tenderer.
PREVIOUS RESOLUTIONS
October 17, 2022: M&C 2022-317 – 2023 and 2024 General and Utility Fund
Capital Programs, approved.
December 12, 2022: M&C 2022-378 – 2023 General Fund Operating Budget.
REPORT
BACKGROUND
The 2023 General Fund Operating Budget for Public Works and Transportation
Services and the 2023 General Fund Capital Program include provisions for the
resurfacing of several streets in the City. This is an annual program to upgrade
and maintain deteriorating street surfaces under the maintenance and capital
resurfacing programs.
36
- 2 -
This contract includes all work associated with the resurfacing of a total of 23
streets or segments of streets which equates to 32 lane kilometers. This work
consists generally of the supply of all necessary labour, materials and equipment
for the placement of approximately 16,720 tonnes of Superpave hot-mix asphalt.
Also included in this contract is the installation of approximately 5,355 lineal
metres of concrete curb and 3,810 lineal metres of sidewalk.
TENDER RESULTS
Tenders closed on March 28, 2023, with the following results, including HST:
1. Galbraith Construction Ltd., Saint John, NB $7,963,481.19
2. NRB Construction Company Ltd, Saint John, NB $8,475,327.50
The Engineer’s estimate for the work was $7,368,300 including HST.
ANALYSIS
The tenders were reviewed by staff and were found to be formal in all respects.
Whereas the lowest compliant tender exceeded the budget, the City entered into
negotiations with the low bidder in accordance with Division 2.9.02 Over-Budget
Bids, to reduce the project scope and arrive at an acceptable reduction in bid price.
Through negotiations Galbraith Construction’s bid price was reduced by
$1,009,096.25 (including HST.) which results in a revised bid price of
$6,954,384.94 (including HST.).
The variance between the Engineers Estimate and the low tendered price can
mainly be attributed to the higher than anticipated unit price for the supply and
placement of concrete curb and sidewalk. When comparing the 2022 tendered
unit price for the placement of concrete curb and sidewalk with the 2023 tendered
unit price the cost to the city has increased by approximately 50%. Other unit
prices in the 2023 tenders for items incidental to paving have also seen some
significant price increases.
Staff is of the opinion that the low tenderer has the neces sary resources and
expertise to perform the work and recommend acceptance of their tender. The
asphalt production and placement processes will be closely monitored to ensure
conformance with project specifications. Work is expected to begin April 24, 2023,
and continue until October 15, 2023.
FINANCIAL IMPLICATIONS
The Contract includes work that is funded by various Operating and Capital
Budgets. Assuming award of the Contract to the low tenderer, an analysis has
37
- 3 -
been completed which includes the estimated amount of work that will be
performed by the Contractor and Others.
The analysis is as follows:
Budget $ 6,281,800
Project net cost $ 6,306,500
Variance (Shortfall) $ 24,700
Staff will monitor project quantities and contingency items throughout the project
and make any necessary adjustments to scope of work to ensure the project is
completed within the approved budget envelope.
STRATEGIC ALIGNMENT
This report aligns with City’s Priorities of GROW by investing in key infrastructure
upgrades and PERFORM by adhering to plans, policies, procedures, and best
practices with respect to managing the City’s roadway assets.
SERVICE AND FINANCIAL OUTCOMES
Asphalt pavements, and concrete curb and sidewalks are essential infrastructure
which directly impacts the quality of life in our community. Roadway
infrastructure is important to the economic health of the community and citizens
expect these assets to be maintained to an acceptable standard. Proper and
timely maintenance of all roadway assets will ensure public safety, extend service
life of the asset, and achieve best value for the investment. This project will be
completed within the original approved financial budget. Included in the 2023
Asphalt Resurfacing program project is a Fuel adjustment clause. This clause is
included in this contract in order for the City to share diesel price increase risk
with the contractor in an effort to receive better tender prices
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
N/A
ATTACHMENT
2023 Asphalt Resurfacing List - Streets to be resurfaced are subject to change
based on Staff ensuring the project is completed within the approved budget
envelope.
38
From To Comments
Adelaide Street Victoria Street Millidge Avenue
Bay Street Manchester Avenue Gault Road
Bayview Drive Quinton Avenue Fenton Drive Concrete Curb both sides.
Bedell Avenue Daniel Avenue Deveber Terrace Concrete Sidewalk only on both sides. No paving.
Birch Street Manawagonish Road McCavour Drive Concrete Curb and Sidewalk on both sides.
Clarendon Street Douglas Avenue Harvey Street
Daniel Avenue Millidge Avenue Grant Crescent Concrete Sidewalk on North side only. No paving.
Dominion Park Road Green Head Road Tippets Drive Concrete Curb and Sidewalk on west side only.
Dwyer Road Green Head Road Kingsville Road Concrete Curb and Sidewalk - various sections.
Gaelic Drive Westgate Drive Civic # 32
Golden Grove Road City Limits Airport Arterial
Harvey Street Main Street Clarendon Street
Haymarket Square ramps City Road Crown Street
Kingsville Road Milford Road Dwyer Road
King William Road Highway Overpass Ocean Westway
Leblanc Court Dominion Park Road Dominion Park Road Concrete Curb on both sides.
McCavour Drive Birch Street Manchester Avenue
Millidge Avenue Adelaide Street Tartan Street
McLaughlin Crescent Westmorland Road McLean Street
Ocean Westway King William Road Civic # 2304
Valleyview Crescent Mollins Drive Greendale Crescent Concrete Curb both sides.
Westfield Road Atkins Roadway Civic # 2365 Concrete Curb and Sidewalk on east side only.
Westgate Drive Manawagonish Road Downsview Drive
Asphalt Resurfacing 2023
LimitsStreet
39
COUNCIL REPORT
M&C No. 2023-102
Report Date April 12, 2023
Meeting Date April 17, 2023
Service Area Strategic Services
Her Worship Mayor Donna Noade Reardon and Members of Common Council
SUBJECT: Renewal of StormWind Online Training Website
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author Commissioner/Dept. Head Chief Administrative Officer
Hugh Kwak Stephanie Rackley-Roach
Kevin Fudge
J. Brent McGovern
RECOMMENDATION
It is recommended that the City renew the Epic Live Order Agreement with StormWind, LLC, for online
training for the Information Technology service area, in the form attached to M&C No. 2023-102; and that
the Mayor and City Clerk be authorized to execute said Amendment and any documents ancillary thereto.
EXECUTIVE SUMMARY
With Information Technology (IT) evolving rapidly, keeping up with innovative technology in the IT service
area is important and critical to effectively manage the City’s infrastructure, systems, and assets. Since
2022, IT employees have been using the StormWind online training platform to meet the training needs
of our employees. The agreement renews the user licenses and access to the training portal for 1 year.
PREVIOUS RESOLUTIONS
At the meeting of May 16, 2022, Common Council resolved: That as recommended by the City Manager
in the submitted report M&C 2022-174: StormWind IT Online Training Website Agreement, the City enter
into an Epic Live Order Agreement with StormWind, LLC, for online training via web-based learning
management system in the form attached to M&C No. 174; and that the Mayor and City Clerk be
authorized to execute said Agreement and any documents ancillary there to.
40
2
REPORT
Technology changes rapidly and quickly. To remain current on technology changes and additions, learning
is a crucial requirement which provides IT service area employees with confidence and comfort on
managing modern technology. This is beneficial to the City as employee training makes our systems more
secure and reliable.
IT employees have been using the StormWind platform since May 2022. Since then, 13 employees have
started or completed 50 courses on the platform, including courses for Microsoft products as well as Cisco,
FortiNet, and VMWare, which are all part of the City’s core IT infrastructure.
This agreement is to renew the training access and licenses for another year.
STRATEGIC ALIGNMENT
By increasing employees’ knowledge and comfort with new IT infrastructure and systems through training
and certifications with the StormWind platform, the City will benefit from the enhanced performance of
the IT team when managing the IT infrastructure and systems. Business continuity is also more secure and
effective with faster response to incidents and efficient recovery.
SERVICE AND FINANCIAL OUTCOMES
StormWind provides unlimited access to multiple pre-recorded courses per year, with similar quality to
their competitors. Using this training platform, the IT service area can leverage low-cost training and
provide an equal opportunity for each member of the IT team within the amount reserved for training in
the IT operational budget.
StormWind is offering the City the 13 licenses required for the IT team for $5,200 USD, which is $400 USD
per person for one year. This is an 82% savings off the list price and 20% less than 2022’s price ($500 USD
per person for one year).
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
The General Counsel Office has reviewed the Epic Live Order Agreement and the recommendation of this
Report.
Supply Chain Management supports the recommendation put forth.
ATTACHMENTS
Epic Live Order Agreement
StormWind Online Training Terms and Conditions of Use
StormWind Privacy Policy
41
StormWind, LLC
17550 N. Perimeter Dr. STE 300
Scottsdal, AZ 85255
P A G E | 1
Epic Live Order Agreement
Prepared By
Name: Email: Phone:
Order Info
Account Name: Contact Name: _______________________________________
Account Owner: Email:
Account ID: Phone:
Shipping Info
Shipping Name: Shipping Email:
Shipping Address:
City: State: Zip:
Billing Info
Billing Name: Billing Email:
Billing Address:
City: State: Zip:
Product Product Code Qnty Retail Price Total Price
Notes and Special Instructions Sub Total $
Discount $ 0.00
Total $ 0.00
Order Number: Order Date: Quote Exp. Date:
Access Term: Order Type: Access Date:
Document ID: 750a871598b6b858eb6770a4372806cbddc78f75f1e91b9ec24f43d2e32f8777
Mike Fajen mike.fajen@stormwindlive.com
00088248
12 Months Renewal
03/31/2023 04/28/2023
03/21/2023
City of Saint John NB Hugh Kwak
0018000000trkM5AAI
hugh.kwak@saintjohn.ca
(506) 721-8934
Hugh Kwak hugh.kwak@saintjohn.ca
15 Market Square
St. John NB E2L4L1
Hugh Kwak
15 Market Square
St. John NB E2L4L1
Manager approved pricing for renewal - $400 per person
Ultimate Access AAXMO 13.00 400.00 5200.00
0.00
5200.00
5200.00
Mike Fajen
42
StormWind, LLC
17550 N. Perimeter Dr. STE 300
Scottsdal, AZ 85255
P A G E | 2
Epic Live Order Agreement
Preferred payment option:
Purchase Order (Please email a copy to Preparer)
Purchase Order #:
Credit Card
CC#: Exp: CID:
Cardholder Name:
Cardholder Address:
City: State: Zip:
Students Being Enrolled
Student 1 Name: Phone:
Title: Email:
Student 2 Name: Phone:
Title: Email:
Student 3 Name: Phone:
Title: Email:
Student 4 Name: Phone:
Title: Email:
Student 5 Name: Phone:
Title: Email:
* If more than 5 students please contact Customer Service for enrollment: (480) 800-0054 or support@stormwind.com.
Document ID: 750a871598b6b858eb6770a4372806cbddc78f75f1e91b9ec24f43d2e32f8777
43
StormWind, LLC
17550 N. Perimeter Dr. STE 300
Scottsdal, AZ 85255
P A G E | 3
Epic Live Order Agreement
Terms and Conditions
Agreement & Acceptance: The person signing this StormWind Epic Live Order Agreement on behalf of Customer hereby confirms
that he/she has been duly authorized by Customer to execute it and legally commit Customer to the terms set forth herein. He/she
also acknowledges having read and, on behalf of Customer, agreed to the terms and conditions set forth via the link below which
governs this Order Agreement.
http://www.stormwindstudios.com/privacy/
http://www.stormwindstudios.com/terms-conditions/
Client Signature: Date: Title:
StormWind Manager Signature: Date:
StormWind Finance Signature: Date:
Make all checks payable to StormWind LLC
Tax ID: 26-4656059 Phone: 480.889.9966
Document ID: 750a871598b6b858eb6770a4372806cbddc78f75f1e91b9ec24f43d2e32f8777
04/04/2023
44
StormWind Online Training Terms and Conditions of Use
WHEREAS, StormWind, LLC (“StormWind”) desires to offer online training to students via a web-based
learning management system (“Campus”) and Student agrees to purchase access to the Campus; and
NOW THEREFORE, in consideration of the premises and the representations and mutual undertakings
hereinafter set forth, and for good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the parties agree to the foregoing and as follows:
1. Subject Matter
StormWind is currently offering online training to students via a web -based learning management
system (the “Campus”).
2. Account
By purchasing an account with StormWind, you gain access to the Campus and are subject to these
Terms and Conditions. If at any time, the Student does not wish to accept or assent to be bound by
the Terms and Condition, the Student may not use the Campus.
3. Modification of Terms
StormWind reserves the right to modify these Terms at any time. Except as otherwise stated herein,
any change to these Terms is effective immediately after StormWind gives notice to the Student.
Notice can be given through e-mail, a posting on the Campus, updates on the StormWind website or
any other means by which a Student may obtain notice. Any use of the Campus after changes have
been made shall be deemed acceptance of those changed terms and/or conditions.
4. Limited License
StormWind hereby grants each student limited, non-exclusive, non-sublicensable and non-
transferable access to the content and information available in the student StormWind Campus
according to the provisions contained herein, and subject to the payment of the applicable contract
fees and adherence to these Terms.
Each Multi-Student Account may only allow its employees and agents that have signed up to access
the student Campus. If the Multi-Student Account terminates, the Multi-Student Account’s employees
and agents shall no longer have Access to the Campus. Each Multi -Student Account agrees that the
Campus may not be Accessed by more than the authorized number of Students purchased by the
Multi-Student Account. Each Student shall be authorized to Access the Campus from any Internet
connection.
A Multi-Student Account owner (the “Purchaser”) shall be designated to oversee and be responsible
for management of the Student accounts.
5. Access to the StormWind Student Campus; Modification of Content.
StormWind strives to provide the Campus to its Students on a continuous basis. To that end,
StormWind will take all commercially reasonable efforts to provide uninterrupted access to the
Campus to its Students. However, from time to time, Students may be unable to access the Campus
45
due to conditions beyond StormWind’s control. Such conditions include, b ut are not limited to: force
majeure, acts of God, power outages, and the acts of computer hackers and others acting outside the
law. Also, from time to time, access may be unavailable due to software issues, server downtime,
increased Internet traffic or downtime, programming errors, regular maintenance of the system, and
other related reasons. In response to any unavailability of the Campus to its Students, StormWind will
take all commercially reasonable steps to ensure access is restored within a reasona ble period of
time. The term “commercially reasonable,” as used in these Terms, shall mean reasonable efforts
taken in good faith without an unduly or burdensome use or expenditure of time, resources,
personnel or money.
StormWind endeavors to provide the highest quality content to its Students. To that end, StormWind
reserves the right, in its sole discretion, to change, modify, or discontinue any aspect or feature of the
Campus in whole or in part, including, without limitation, the content, availability , access and/or the
Terms of this Site. Such changes, modifications, additions or deletions will be effective immediately
upon notice thereof, which notice may be made by posting such changes on the Campus.
Students are solely responsible for ensuring tha t they have sufficient and compatible hardware,
software, telecommunications equipment and Internet service necessary for use of the Site.
6. Prohibited Conduct.
Student expressly agrees to refrain from doing, either personally or through an agent, any of the
following “Prohibited Conduct”:
• Knowingly transmit, install, upload or otherwise transfer any virus, advertisement, communication,
or other item or process to the Campus that in any way affects the use, enjoyment or service of the
Site, or adversely affects StormWind’s computers, servers or databases.
• Permit or provide others access to the Campus using Your Student login and password or otherwise,
or the login and password of another authorized Student.
• Copy, modify, reverse engineer, disassemble, redistribute, republish, alter, create derivative works
from, assign, license, transfer or adapt any of the software, content, information, text, graphics,
source code or HTML code, or other content available on the Campus.
• Transfer the Campus content to another person; “frame,” “mirror,” “in-line link,” or employ similar
navigational technology to the Campus content.
• Violate or attempt to violate StormWind’s security mechanisms, Access any data or server you are
not authorized to access or otherwise breach the security of the Campus or corrupt the Campus in any
way.
• Engage in any other conduct which violates the Copyright Act or other laws of the United States.
• Use any device (such as a “web crawler” or other automatic retrieval mechanism) or other means to
harvest information about other Students, the Campus or StormWind.
• Use the Campus to violate a third party’s intellectual property, personality, publicity or
confidentiality rights; upload, download, display, publish, perform, create d erivative works from,
transmit, or otherwise distribute information or content in violation of a third party’s intellectual
property rights.
• Misrepresent Your identity or personal information when accessing the Campus.
• Post obscene, harassing, defamatory, filthy, violent, pornographic, abusive, threatening,
objectionable or illegal material on the Campus or during a Live Class; post a communication that
advocates or encourages criminal conduct or conduct that may give rise to civil liability.
• Provide access to an account or transfer account to another student when the paid Student has
46
completed their courses or if the paid Student is no longer with the paying company/account.
Transferring of accounts are prohibited.
7. LIMITED WARRANTIES.
StormWind warrants that the software that allows Students to access the Campus, if operated as
directed, will substantially achieve the functionality described on the Campus. STORMWIND
PROVIDES NO WARRANTY THAT YOUR HARDWARE, SOFTWARE, TELECOMMUNICATIONS EQUIPMENT
AND/OR INTERNET SERVICE IS COMPATIBLE OR SUFFICIENT TO ACCESS THE SITE.
ALTHOUGH STORMWIND HAS ATTEMPTED TO PROVIDE ACCURATE INFORMATION ON THE CAMPUS, IT
MAKES NO GUARANTEE OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE RELIABILITY, ACCURACY,
TIMELINESS OR COMPLETENESS OF THAT INFORMATION AND ASSUMES NO RESPONSIBILITY FOR ANY
ERRORS OR OMISSIONS THEREIN.
8. DISCLAIMERS AND LIMITATION OF LIABILITY.
STUDENT ACCESSES THE CAMPUS AT HIS/HER/ITS OWN RISK. THE CAMPUS IS PROVIDED ON AN “AS
IS, AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND (BEYOND THE WARRANTIES SET FORTH
IN SECTION 10), EXPRESSED, IMPLIED OR STATUTORY, AND ANY AND ALL WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON -INFRINGEMENT OF THIRD
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47
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48
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Source : https://www.stormwindstudios.com/terms-conditions
49
Privacy Policy
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When ordering or registering on our site, as appropriate, you may be asked to enter your: name, e-mail
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Any of the information we collect from you may be used in one of the following ways:
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We implement a variety of security measures to maintain the safety of your personal information when
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These security measures include: password protected directories and databases to safeguard your
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Do we use cookies?
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50
your browser and capture and remember certain information. As you browse our site, advertising
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Online Privacy Policy Only
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information collected offline.
51
Terms and Conditions
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This policy was last modified on October 3, 2013
Contacting Us
If there are any questions regarding this privacy policy you may contact us using the information below.
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Privacy Policy Customer Pledge
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with the the following important privacy laws and initiatives:
California Online Privacy Protection Act
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Privacy Alliance
Controlling the Assault of Non-Solicited Pornography and Marketing Act
Trust Guard Privacy Requirements
Source : https://www.stormwindstudios.com/privacy
52
Update on Advanced Small Modular Reactor Development
Saint John Mayor and Council
April 17, 2023
53
Energy Change
Drivers
1.Climate Change
2.Energy Security
3.Cost
4.Economic Benefits
5.Innovation Mindset
54
SNC Forecasted 2050 Net Zero
Generation Mix Scenario
Source:
SNC Lavalin –Net Zero 2050 scenario
As a result:
•>100 SMRs to satisfy energy
needs
•A LOT of renewable energy
55
Obligation to Supply Electricity in NB
•Clean Energy = 2000 MW
•Hydro
•Nuclear
•Biomass
•Wind
•Solar
•Imports
•Fossil = 2100 MW
•Belledune –Coal
•Coleson Cove –Heavy Oil
•Millbank and St. Rose –#2 Oil
•Bayside –Gas
Highest demand in NB happened on a cold, windy morning Feb 4, 2023 –3442 MW
Regulated Obligation = 3442 MW + 20% = 4100 MW
56
Vision
•Demonstrate advanced reactor technologies at Point Lepreau between early to mid 2030s
•Fleet deployment in New Brunswick / Canada / International markets
•Centralized fleet support centre in NB
•Establish supply chain
in NB and Canada
57
ARC 100
Sodium cooled Fast Reactor
ARC-100
Sodium Cooled Fast Reactor
•150 MWe non-pressurized pool reactor
•Inherent safety characteristicsand passive safety features
•Based on 30-year operationat EBR-II
•20 year fueling cycle and could recycle its used fuel
•Superior load following capability
•Ideally suited for electricity and Super heated steam for co-gen / hydrogen / synthetic fuel production
•Good neutron spectrum for isotope production
•Proposed deployment at Point Lepreau site expected around 2030
•Subsequent units in NB, potentially in western Canada and for export
58
ARC-100
Current Activities
•Pre-project phase:
•Completed Phase I of CNSC VDR process, working through Phase II
•Site evaluation activities progressing
•LTPS to be submitted June 30 2023
•LTPS application submission will officially start the project and environmental assessment
59
Sustainability and
Well-Being Assessment
•A Sustainability and Well-being Assessment is
being conducted for the potential
development of one ARC commercial
demonstration advanced small modular
reactor at Point Lepreau
•Evaluates the potential positive and adverse
effects on social, economic, and human
health conditions associated with the
lifecycle of the SMR
•Involves engagement and collaboration with
local community members within a defined
study area (predominantly Charlotte and
Saint John Counties) and with Indigenous
communities from across NB
60
ARC 100
Sodium cooled Fast Reactor
Moltex Energy SSR-W
Molten Salt Fast Reactor
•300 MWe non-pressurized pool reactor
•Fuelled online
•Fueled by used CANDU fuel and can recycle its used fuel
•Inherent safety characteristicsand passive safety features
•Benefits related to high level radioactive waste disposal
•Grid reserve storage system
•Super heated steam for co-gen / Hydrogen / synthetic fuel production
•Proposed deployment at Point Lepreau site expected in mid 2030’s
•Potential subsequent deployment in Ontario and for countries with used fuel stocks61
Moltex SSR-W / WaTSS
Current Activities
•Conceptual design and research and development phase
•Completed Phase I of CNSC VDR process, working to move on to
Phase II
•Will require a Federal Impact Assessment for fuel recycling
62
2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034
Site Studies Complete
2023 Start Construction
2027
Site Preparation Starts
2026
On Grid
2030
Start Construction
2030 On Grid
2034
Site Preparation Starts
2029
Site Studies Complete
2025
Site Studies Start
2024
Current Timelines
63
Supply Chain Sectors
•Manufacturing and Assembly
•Engineering and Technology Support
•Materials
•Labour
•Planning and Management
•Quality Assurance, Environmental and Safety
•Transportation
•Ongoing Technical and Fleet Support
64
65
COMMON COUNCIL REPORT
M&C No. 2023-101
Report Date April 11, 2023
Meeting Date April 17, 2023
Service Area General Counsel
Her Worship Mayor Donna Noade Reardon and Members of Common Council
SUBJECT: Public Hearing for Street Closure for Portion of Fieldstone Drive
AUTHORIZATION
Primary Author Commissioner/Dept. Head Chief Administrative Officer
Curtis Langille Melanie Tompkins J. Brent McGovern
RECOMMENDATION
That Common Council give 1st and 2nd reading to an Amendment to the Street
Closing By-law, which closes a 231 square metre portion of a public street known
as Fieldstone Drive.
REPORT
Simpco Development Ltd., owner and developer of the land involving Fieldstone
Drive, is requesting to reconfigure the street layout for this subdivision.
Originally, it was intended there would be a new cul-du-sac intersecting Fieldstone
Drive with lots fronting off of the new street but the developer has since
determined this is not feasible. Instead, the developer is planning to create a
residential lot that would incorporate the portion of Fieldstone Drive, shown
highlighted on the attached map with an adjacent parcel of land.
PREVIOUS RESOLUTION
At its meeting held, March 20, 2023, Council resolved as follows:
RESOLVED that as recommended by the Chief Administrative Officer in the
submitted report M&C 2023-71: Fieldstone Drive:
1. That the Public Hearing to consider the passing of an amendment to the
Street Closing By-law to Close a 231 square metre portion of a public street
known as Fieldstone Drive, as shown on a Plan of Survey titled, “Showing
portion of Fieldstone Drive, City of Saint John, Saint John County, New
Brunswick” (see attached), be set for Monday, April 17, 2023 at 6:30 p.m.
in the Council Chamber;
2. That Common Council authorize the publishing of a notice of its intention
to consider the passing of such By-law, identified above;
66
- 2 -
3. In the event that Common Council gives Third Reading to the By-Law
Amendment as stated above, that the City sell the property to Simpco
Development Ltd. for a purchase price of $5,000.00, and that the
purchaser be responsible for:
a. any plan of survey required to initiate the process for the stop -up and
closure for a portion of Fieldstone Drive; and
b. any fees or administrative processes to effect the conveyance of the
property.
4. That the Mayor and City Clerk be authorized to execute the documents
necessary to effect the transaction.
ATTACHMENTS
1. Council Report (M & C #2023-71);
2. Public Notice;
3. Street Closing By-law;
4. Plan of Survey; and
5. Location map.
67
COMMON COUNCIL REPORT
M&C No. 2023-71
Report Date March 14, 2023
Meeting Date March 20, 2023
Service Area General Counsel
Her Worship Mayor Donna Noade Reardon and Members of Common Council
SUBJECT: 1. 2023-03-13_CCREP_v01_COTW Report setting Public Hearing for
Stop Up and Closure of Fieldstone Ave.docx
AUTHORIZATION
Primary Author Commissioner/Dept. Head Chief Administrative
Officer
Curtis Langille Melanie Tompkins J. Brent McGovern
RECOMMENDATION
It is recommended that Common Council adopt the following resolution:
1. That the Public Hearing to consider the passing of an amendment to the
Street Closing By-law to Close a 231 square metre portion of a public street
known as Fieldstone Drive, as shown on a Plan of Survey titled, “Showing
portion of Fieldstone Drive, City of Saint John, Saint John County, New
Brunswick” (attached), be set for Monday, April 17, 2023 at 6:30 p.m. in
the Council Chamber;
2. That Common Council authorize the publishing of a notice of its intention
to consider the passing of such By-law, identified above;
3. In the event that Common Council gives Third Reading to the By-Law
Amendment as stated above, that the City sell the property to Simpco
Development Ltd. for a purchase price of $5,000.00, and that the
purchaser be responsible for:
a. any plan of survey required to initiate the process for the stop -up and
closure for a portion of Fieldstone Drive; and
b. any fees or administrative processes to effect the conveyance of the
property.
4. That the Mayor and City Clerk be authorized to execute the documents
necessary to effect the transaction.
68
- 2 -
EXECUTIVE SUMMARY
Simpco Development Ltd., owner and developer of the land involving Fieldstone
Drive, is requesting to reconfigure the street layout for this subdivision.
Originally, it was intended there would be a new cul-du-sac intersecting Fieldstone
Drive with lots fronting off of the new street but the developer has since
determined this is not feasible. Instead, the developer is planning to create a
residential lot that would incorporate the portion of Fieldstone Drive, shown
highlighted in red on the attached map with an adjacent parcel of land. The
purpose of this report is to initiate the process to stop-up and close a 231 square
metre portion of Fieldstone Drive right-of-way (see attached plan of survey) for
the purpose of consolidating it with an adjoining property to provide a new
“building lot” for a new dwelling.
PREVIOUS RESOLUTION
N/A
REPORT
Simpco Development Ltd. has requested that the City stop-up and close a 231
square metre portion of Fieldstone Drive right-of-way (the “Site”) for the purpose
of consolidating it with an adjoining property and creating a residential lot.
Originally, the Site was intended as a temporary turn-around for the first phase of
the development. Additionally, this turn-around area was intended to form part
of a future street, which has since been changed due to a reconfiguration of the
layout for this subdivision.
Public Works and Transportation are supportive of the request to close the
temporary turn-around right-of-way, as requested by the developer to facilitate
the proponent’s altered road design layout for this subdivision. There is water and
sewer main infrastructure contained within the Site that will need to be removed
and replaced with smaller infrastructure to satisfy the needs for a residential
property. Saint John Water will review and approve any City permits that will be
required to complete the change to the existing municipal infrastructure. This
work would be completed by the developer, prior to the construction of a dwelling
on the consolidated lot.
The removal of the existing municipal infrastructure noted above and
replacement with new single-purpose dwelling services will cost approximately
$15,000.00 to $20,000.00. Taking into consideration the cost to replace the
municipal infrastructure to make this consolidated lot feasible for a new dwelling,
staff have negotiated with the proponent a purchase price of $5,000.00 for the
231 square metres, if the street is stopped-up and closed. The proponent would
also be responsible for all ancillary costs, including being responsible for a plan of
survey, necessary to facilitate this land transfer. The recommendation contained
69
- 3 -
in this report reflects these details for the intended land transaction if the portion
of street is closed.
STRATEGIC ALIGNMENT
This report aligns with the City’s priority of GROW.
SERVICE AND FINANCIAL OUTCOMES
All costs related to the process to consider a stop-up and closure for a portion of
street right-of-way, including all survey costs and fees associated with the
subsequent land transfer and registration fees are the responsibility of the Owner.
The City will receive $5,000.00 for the sale of 231 square metres of land. In
addition, the City would receive between $7,000.00 to $10,000.00 annually in
property tax once the property is developed. No services will be impacted by this
land sale.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
Growth and Community Services (Planning and Building Inspection), Public Works
and Transportation and Infrastructure Development have provided input into the
preparation of this report.
ATTACHMENTS
1. Location Map; and
2. Plan of Survey.
70
STREET CLOSING
FIELDSTONE DRIVE
FERMETURE DE RUE
PROMENADE FIELDSTONE
Public Notice is hereby given that the Common
Council of The City of Saint John intends to consider
amending "A By-law Respecting The Closing of
Roads, Streets or Highways In The City of Saint John"
at its regular meeting to be held in the Council
Chambers on Monday, April 17, 2023 at 6:30 p.m.
to permanently close the following street:
Par les présentes, un avis public est donné par
lequel le conseil communal de la ville de Saint John
indique son intention de modifier l’« Arrêté relatif à
la fermeture des chemins, des rues ou des routes
dans The City of Saint John » lors de la réunion
ordinaire qui se tiendra le lundi 17 avril 2023 à
18 h 30 afin d’interrompre la circulation et de
fermer la route suivante :
FIELDSTONE DRIVE: All that portion of Fieldstone
Drive, a public street in the City of Saint John, in
the County of Saint John and Province of New
Brunswick, comprising 231 square metres as
shown on a Plan of Survey titled, “Showing portion
of Fieldstone Drive, City of Saint John, Saint John
County, New Brunswick,” prepared by Hughes
Surveys & Consultants Inc. and dated March 28,
2023 attached hereto.
PROMENADE FIELDSTONE: Toute la partie de la
promenade Fieldstone, une rue publique dans la
ville de Saint John, comté de Saint John, dans la
province du Nouveau-Brunswick, d’une superficie
d’environ 231 mètres carrés comme le montre le
plan d’arpentage intitulé «Partie du plan
d’arpentage indiquant la promenade Fieldstone,
ville de Saint John, comté de Saint John, province du
Nouveau-Brunswick» préparé par Hughes Surveys &
Consultants Inc. et daté du 28 mars 2023, joint aux
présentes.
(INSERT PLAN)
(INSÉRER LE PLAN)
For details on how to participate in the Public
Hearing, to inspect the amendment and plan, or to
register to participate please contact the Office of
the City Clerk at
cityclerk@saintjohn.ca.
Pour savoir comment participer à l'audition
publique, inspecter la modification et le plan de la
rue ou de vous inscrire pour participer, veuillez
communiquer avec le bureau du greffier municipal
à l’adresse cityclerk@saintjohn.ca.
Written objections to the proposed amendment
may be delivered to Mr. Jonathan Taylor, City Clerk
at:
i) P.O. Box 1971, Saint John, N.B., E2L 4L1; or
ii) cityclerk@saintjohn.ca
If you require French services for a Common Council
meeting, please contact the office of the City Clerk
at (506) 658-2862.
Veuillez faire part de vos objections au projet de
modification par écrit à l’attention de
M. Jonathan Taylor, greffier municipal, à l’une des
coordonnées suivantes :
i) C.P. 1971, Saint John (N.-B.) E2L 4L1;
ii) cityclerk@saintjohn.ca.
Si vous exigez des services en français pour une
réunion du conseil communal, veuillez
communiquer avec le bureau du greffier municipal
au (506) 658-2862.
71
BY-LAW NUMBER L.G. 4-1
A BY-LAW RESPECTING THE
CLOSING OF ROADS, STREETS OR
HIGHWAYS IN
THE CITY OF SAINT JOHN
ARRÊTÉ NO L.G. 4-1
ARRÊTÉ RELATIF A LA
FERMETURE DES CHEMINS, DES
RUES OU DES ROUTES DAN
THE CITY OF SAINT JOHN
Be it enacted by the Common
Council of The City of Saint John as
follows:
Lors d'une réunion du conseil
communal, The City of Saint John a décrété
ce qui suit :
A By-law of The City of Saint John entitled,
“A By-law Respecting The Closing of
Roads, Streets or Highways in The City of
Saint John”, enacted on the eleventh day of
March, A.D. 2019, is hereby amended by
adding thereto Section 8 immediately after
Section 7 thereof, as follows:
Par les présentes, l’arrêté de The City of
Saint John intitulé, « Arrêté relatif à la
fermeture des chemins, des rues ou des
routes dans The City of Saint John», décrété
le 11 mars 2019, est modifié par l’ajout de
l’article 8 immédiatement après l’article 7,
comme suit :
8 The City of Saint John does hereby stop
up and close permanently the following
street:
FIELDSTONE DRIVE: All that portion
of Fieldstone Drive, a public street in the
City of Saint John, in the County of Saint
John and Province of New Brunswick,
comprising 231 square metres as shown on
a Plan of Survey titled, “Showing portion of
Fieldstone Drive, City of Saint John, Saint
John County, New Brunswick,” prepared by
Hughes Surveys & Consultants Inc. and
dated March 28, 2023 attached hereto.
8 Par les présentes, The City of Saint John
barre et ferme de façon permanente la rue
suivante :
PROMENADE FIELDSTONE: Toute la
partie de la promenade Fieldstone, une rue
publique dans la ville de Saint John, comté
de Saint John, dans la province du Nouveau-
Brunswick, d’une superficie d’environ
231 mètres carrés comme le montre le plan
d’arpentage intitulé «Partie du plan
d’arpentage indiquant la promenade
Fieldstone, ville de Saint John, comté de
Saint John, province du Nouveau-
Brunswick» préparé par Hughes Surveys &
Consultants Inc. et daté du 28 mars 2023,
joint aux présentes.
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 communal sur le
présent arrêté le ** **** 2023,
avec les signatures suivantes :
_______________________________________
Mayor/Maire
_____________________________________
City Clerk/Greffier communal
First Reading -
Second Reading -
Third Reading -
Première lecture -
Deuxième lecture -
Troisième lecture -
72
73
74
Staff Recommendation for Council Resolution
File/Application: Rezoning of 228 Lancaster Avenue
Public Hearing, 1st Reading and 2nd Reading held on April 3, 2023
3rd Reading: April 17, 2023
Item: Required:
(Y/N)
Recommendation
Municipal Plan
Amendment
No
Zoning By-Law
Amendment
Yes That Common Council give 3rd reading to an Amendment to
the Zoning by-law which rezones a parcel of land having an
area of approximately 12,780 square metres, located at 228
Lancaster Avenue, also identified as PID Number 00033357
from Regional Commercial (CR) to Corridor Commercial
(CC).
Recission of
Previous s. 39/s.
59 Conditions
No
Section 59
Conditions
No
Section 59
Agreement
No
Section 131
Agreement
No
Other No
75
BY-LAW NUMBER C.P. 111-149
A LAW TO AMEND THE ZONING BY-
LAW OF THE CITY OF SAINT JOHN
ARRÊTÉ NO C.P. 111-149
ARRÊTÉ MODIFIANT L’ARRÊTÉ DE
ZONAGE DE 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:
Lors d'une réunion du conseil
communal, The City of Saint John a décrété
ce qui suit :
L'arrêté sur le zonage de The
City of Saint John, décrété le quinze (15)
décembre 2014, est modifié par :
Amending Schedule "A", the Zoning Map of The
City of Saint John, by rezoning a parcel of land
having an area of approximately 12,780 square
metres, located at 228 Lancaster Avenue, also
identified as PID Number 00033357, from
Regional Commercial (CR) to Corridor
Commercial (CC).
- 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
April, A.D. 2023 and signed by:
La modification de l’annexe «A», Plan de
zonage de la ville de Saint John, permettant
de modifier la désignation pour une parcelle
de terrain d' une superficie d' environ 12,780
mètres carrés, situé au 228 Lancaster
Avenue, également identifié comme le NID
00033357, de Zone commerciale régionale
(CR) à Zone commerciale de corridor (CC).
- toutes les modifications sont
indiquées sur le plan ci-joint et font partie du
présent arrêté.
EN FOI DE QUOI, The City of Saint John a
fait apposer son sceau communal sur le
présent arrêté le X avril 2023, avec les
signatures suivantes:
____________________________________________
Mayor/Maire
___________________________________________
City Clerk/Greffier communal
First Reading - April 3, 2023
Second Reading - April 3, 2023
Third Reading -
Première lecture - le 3 avril 2023
Deuxième lecture - le 3 avril 2023
Troisième lecture -
76
GROWTH & COMMUNITY DEVELOPMENT SERVICES
SERVICE DE LA CROISSANCE ET DU DÉVELOPPEMENT COMMUNAUTAIRE
REZONING / REZONAGE
Amending Schedule “A” of the Zoning By-Law of The City of Saint John
Modifiant Annexe «A» de l’Arrêté de zonage de The City of Saint John
av.EdwardAv.boul. FairvilleBlvd.av.LancasterAv.
co
u
r
Tip
p
e
r
a
r
y
Ct.al.DunnedinLn.FROM / DE TO / À
Regional Commercial
Zone commerciale
régionale
Corridor Commercial
Zone commerciale
de corridor
CR CC
Applicant:
Location:
PID(s)/NIP(s):
Luke Simpson (048017 NB Ltd.)
228 Lancaster Avenue
00033357
Considered by P.A.C./Considéré par le C.C.U.:
Enacted by Council/Approuvé par le Conseil:
Filed in Registry Office/Enregistré le:
By-Law #/Arrêté #:
Drawn by/Créée par:Date drawn/Carte créée:Andrew Pollock April 5 avril, 2023
March 21 mars, 2023
77
Staff Recommendation for Council Resolution
Property: 92-94 Bon Accord Drive
Public Hearing, 1st Reading and 2nd Reading were completed on April 3, 2023
3rd Reading: April 17, 2023
Item: Required:
(Y/N)
Recommendation
Municipal Plan
Amendment
No
Zoning By-Law
Amendment
Yes That Common Council give 3rd reading to an Amendment to the
Zoning by-law which rezones a parcel of land having an area of
approximately 1,037.50 square metres, located at 92-94 Bon
Accord Drive, also identified as PID 00446310 from Two-Unit
Residential (R2) to Low-Rise Residential (RL).
Recission of
Previous s. 39/s. 59
Conditions
No
Section 59
Conditions
Yes 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 1,037.50 square metres, located at 92-94 Bon
Accord Drive, also identified as PID Number 00446310:
a. That development of the parcel of land be limited to
a maximum of 4 dwelling units.
b. 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, exterior lighting, and other such site
features.
Section 59
Agreement
No
Section 131
Agreement
No
Other No 78
79
BY-LAW NUMBER C.P. 111-148
A LAW TO AMEND THE ZONING BY-
LAW OF THE CITY OF SAINT JOHN
ARRÊTÉ NO C.P. 111-148
ARRÊTÉ MODIFIANT L’ARRÊTÉ DE
ZONAGE DE 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:
Lors d'une réunion du conseil communal,
The City of Saint John a décrété ce qui suit :
L'arrêté sur le zonage de The City of Saint
John, décrété le quinze (15) décembre 2014,
est modifié par :
Amending Schedule "A", the Zoning Map of The
City of Saint John, by rezoning a parcel of land
having an area of approximately 1,037.50 square
metres, located at 92-94 Bon Accord Drive also
identified as PID 00446310 from Two-Unit
Residential (R2) to Low-Rise Residential (RL)
pursuant to a resolution adopted by Common
Council under Section 59 of the Community
Planning Act.
- all as shown on the plan attached hereto
and forming part of this by-law.
IN WITNESS WHEREOF The City of Saint John
has caused the Corporate Common Seal of the
said City to be affixed to this by-law the XX day
of April, A.D. 2023 and signed by:
La modification de l’annexe «A», Plan de
zonage de la ville de Saint John, permettant
de modifier la désignation pour une parcelle
de terrain d' une superficie d' environ
1,037.50 mètres carrés, situé au 92-94
promenade Bon Accord, également identifié
comme NID 00446310, de Zone résidentielle
bi-familiale (R2) à Zone immeubles
d’habitation bas (RL) conformément à une
résolution adoptée par le conseil municipal en
vertu de l’article 59 de la Loi sur l’urbanisme.
- toutes les modifications sont
indiquées sur le plan ci-joint et font partie du
présent arrêté.
EN FOI DE QUOI, The City of Saint John a
fait apposer son sceau communal sur le
présent arrêté le XX avril 2023, avec les
signatures suivantes:
_______________________________________
Mayor/Maire
______________________________________
City Clerk/Greffier de la Ville
First Reading – April 3, 2023
Second Reading – April 3, 2023
Third Reading – XXXX, 2023
Première lecture – le 3 avril 2023
Deuxième lecture – le 3 avril 2023
Troisième lecture – XXXX 2023
80
GROWTH & COMMUNITY DEVELOPMENT SERVICES
SERVICE DE LA CROISSANCE ET DU DÉVELOPPEMENT COMMUNAUTAIRE
REZONING / REZONAGE
Amending Schedule “A” of the Zoning By-Law of The City of Saint John
Modifiant Annexe «A» de l’Arrêté de zonage de The City of Saint John
pr
om.BonAccordDr.FROM / DE TO / À
Two-Unit Residential
Zone résidentielle
bifamiliale
Low-Rise Residential
Zone résidentielle –
Immeubles
d’habitation bas
R2 RL
Pursuant to a Resolution under Section 59 of the Community Planning Act
Conformément à une resolution adoptée par le conseil municipal en vertu
de l'article 59 de la Loi sur l'urbanisme
Applicant:
Location:
PID(s)/NIP(s):
Zhao Jian
92-94 Bon Accord Drive
00446310
Considered by P.A.C./Considéré par le C.C.U.:
Enacted by Council/Approuvé par le Conseil:
Filed in Registry Office/Enregistré le:
By-Law #/Arrêté #:
Drawn by/Créée par:Date drawn/Carte créée:Andrew Pollock April 5 avril, 2023
March 21 mars, 2023
81
COUNCIL REPORT
M&C No. 2023-103
Report Date April 12, 2023
Meeting Date April 17, 2023
Service Area Public Works and
Transportation Services
Her Worship Mayor Donna Noade Reardon and Members of Council
SUBJECT: Flyer Distribution By-Law
AUTHORIZATION
Primary Author Commissioner/Dept. Head Chief Administrative
Officer
Michael Hugenholtz Michael Hugenholtz J. Brent McGovern
RECOMMENDATION
Resolved that Common Council give 1st and 2nd readings to the Flyer Distribution
By-law, By-law Number LG-20, in the form attached to M&C 2023-103.
EXECUTIVE SUMMARY
The purpose of this report is to recommend that Council endorse a by-law that
places some restrictions on the distribution of flyers to homes in our community.
This by-law was developed to address concerns around residents’ ability to stop
these deliveries, and some of the nuisance issues arising.
PREVIOUS RESOLUTION
At their meeting on November 18, 2019, Council approved the following:
RESOLVED that Council direct staff to draft a "Flyer Delivery" by-law, with specific
focus to either an "opt-in" or "opt-out" model for residents.
REPORT
Many homes within the Saint John area receive regular delivery of a bundle of
flyers typically wrapped in a plastic bag. This bundle is typically thrown into the
driveway or near the front door from the delivery vehicle on the street . This has
led to a number of challenges for residents including:
Many times these flyers are not wanted and are a nuisance to dispose of
82
- 2 -
The flyers continue to pile up at residences that are unoccupied or
abandoned
Flyers left in the driveway can damage snowblowers
The cost of disposal is borne by the taxpayers
While there are options for residents to ‘opt-out’ of these deliveries, these take
time to process and sometimes require multiple phone calls and messages to get
these halted permanently.
Local governments do not have the ability to mandate an ‘opt-in’ system of flyer
delivery. To address some of the concerns, staff researched best practices in other
jurisdictions and have drafted the attached Flyer Distribution By-Law which
includes provisions that forbids distributors from delivering flyers to a property if
a ‘No Flyers´ sign is posted. It also contains a provision against delivering flyers to
a property if there are old flyers on the driveway.
It should be noted that this by-law does not apply to newspapers, election
advertising material, community association newsletters, or any materials
produced by levels of government or their elected officials which are all permitted
under law.
Fines for any violation of this by-law range from $300 - $2,100 per offence, and
the City may accept an administrative penalty of $150 in lieu of prosecution in
court.
STRATEGIC ALIGNMENT
N/A
SERVICE AND FINANCIAL OUTCOMES
N/A
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
The General Counsel Office reviewed the attached Flyer Distribution By-law. The
draft by-Law was sent to Postmedia to provide an opportunity for input, but none
was received.
ATTACHMENTS
Flyer Distribution By-law, By-law Number LG-20
83
THE CITY OF SAINT JOHN
NEW BRUNSWICK
A By-law respecting
Flyer Distribution in
The City of Saint John
Arrêté concernant la
distribution de circulaires
dans The City of Saint John
By-law Number LG - 20 Arrêté numéro LG - 20
An uncertified copy of this by-law
is available online
Une copie non certifiée de l’arrêté
est disponible en ligne
84
- 2 -
TABLE OF CONTENTS
TABLE DES MATIÈRES
Section Description
Page Article Désignation Page
Recitals
3 Préambule 3
1 Title 3 1 Titre
3
2 Definitions 4 2 Définitions
4
3 Interpretation
5 3 Interprétation
5
4 Signage
6 4 Affichage 6
5 Flyer Distribution
7 5 Distribution de circulaires 7
6 Exemptions
7 6 Exceptions 7
7 Offences
8 7 Infractions 8
8 Administrative Penalties
8 8 Pénalités administratives
8
Schedule “A” 10 Annexe « A » 10
85
- 3 -
RECITALS
PRÉAMBULE
WHEREAS, The City of Saint John deems it
advisable to pass this by-law because it will
establish standards to regulate and control the
distribution of flyers in The City of Saint John;
ATTENDU QUE, The City of Saint John juge
opportun de prendre le présent arrêté destiné à
réglementer et contrôler la distribution de
circulaires dans The City Saint John; et
AND WHEREAS, paragraph 10(1)(h) of the
Local Governance Act, S.N.B. 2017, c. 18,
authorizes a local government to make by-laws
respecting businesses, business activities and
persons engaged in business;
ATTENDU QUE, l’alinéa 10(1)h) de la Loi sur la
gouvernance locale, L.N.-B. 2017, ch. 18, autorise
un gouvernement local à prendre des arrêtés
concernant les entreprises, les activités
commerciales et les personnes qui exercent ces
activités; et
AND WHEREAS, section 147 of the Local
Governance Act, states that a local government
may, by by-law, provide that a person who
violates or fails to comply with any provision of a
by-law commits an offence;
ATTENDU QUE, l’article 147 de la Loi sur la
gouvernance locale, prévoit que, par voie d’arrêté,
un gouvernement local peut prévoir que commet
une infraction quiconque contrevient ou omet de
se conformer à quelque disposition que ce soit
d’un arrêté; et
AND WHEREAS, subsection 156(1) of the Local
Governance Act, states that a local government
may require administrative penalties to be paid in
respect of a contravention of a provision of a by-
law of the local government;
ATTENDU QUE, le paragraphe 156(1) de la Loi
sur la gouvernance locale, prévoit qu’un
gouvernement local peut exiger le paiement de
pénalités administratives relativement à toute
contravention à une disposition d’un arrêté du
gouvernement local; et
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.
ATTENDU QUE, avis du présent arrêté et de la
réunion du conseil communal à laquelle il a été
débattu a été donné conformément à la Loi sur la
gouvernance locale.
NOW THEREFORE, the Common Council of
The City of Saint John, enacts as follows:
À CES CAUSES, le conseil communal de The
City of Saint John édicte :
Title
Titre
1 This By-law may be cited as the Flyer
Distribution By-law (hereinafter the “By-law”).
1 Le présent arrêté peut être cité sous le titre
Arrêté sur la distribution de circulaires (ci-après
« l’arrêté »).
Definitions Définitions
86
- 4 -
2 The following definitions apply in this By-
law:
2 Les définitions qui suivent s’appliquent au
présent arrêté :
“by-law enforcement officer” means a by-law
enforcement officer appointed pursuant to
section 72 of the Local Governance Act, and
designated by resolution by Common Council;
(agent chargé de l’exécution des arrêtés)
« agent chargé de l’exécution des arrêtés »
désigne un agent chargé de l’exécution des arrêtés
nommé conformément à l’article 72 de la Loi sur
la gouvernance locale, et désigné par résolution
par le conseil communal; (by-law enforcement
officer)
“City” means The City of Saint John;
(municipalité)
« municipalité » désigne la municipalité de Saint
John; (City)
“Common Council” means the elected municipal
council of the City; (conseil communal)
« conseil communal » désigne les membres élus
du conseil municipal de la municipalité (Common
Council);
“distributor” means a person engaged in the
distribution of flyers in the City and includes any
employee or person acting on their behalf whether
under contract or otherwise; (distributeur)
« distributeur » désigne une personne qui
distribue des circulaires dans la municipalité y
compris tout employé ou personne qui agit en leur
nom que ce soit dans le cadre d’un contrat ou
autre; (distributor)
“flyer” means a non-subscription-based printed or
written material, and includes a circular, leaflet,
pamphlet, paper, booklet, postcard, coupon, or any
other reproduced material, that:
(a) advertises or promotes any
merchandise, product, commodity or thing;
(b) directs attention to any business,
commercial establishment or business
activity, for the purpose of either directly
or indirectly promoting the interests
thereof; or
(c) directs attention to or advertises any
gathering, performance, exhibition or event
of any kind for which an admission is
charged for the purpose of commercial gain
« circulaire » désigne un document imprimé ou
écrit qui n’est pas sous forme d’abonnement, y
compris un prospectus, un dépliant, une brochure,
un document, un livret, une carte postale, un
coupon ou tout autre document reproduit :
a) qui fait la publicité ou la promotion de
toute marchandise, produit, denrée ou
chose;
b) qui attire l’attention sur une entreprise, un
établissement commercial ou une activité
commerciale dans le but de promouvoir
ses intérêts que ce soit de manière directe
ou indirecte;
c) qui attire l’attention sur un rassemblement,
une représentation, une exposition ou un
événement de quelque nature que ce soit
pour lequel un droit d’entrée est demandé
87
- 5 -
or profit; (circulaire)
ou en fait la publicité dans le but d’en tirer
un gain commercial ou un profit; (flyer)
“housing unit” means a place of dwelling; (unité
d’habitation)
« unité d’habitation » désigne un local
d’habitation; (housing unit)
“newspaper” means a paper containing news,
intelligence, occurrences, pictures or illustrations,
or remarks or observations on it, printed for sale
and published periodically, or in parts or numbers,
at intervals not exceeding 31 days between the
publication of any two of the papers, parts or
numbers; (journal)
« journal » désigne un journal qui contient des
nouvelles, des renseignements, des récits
d’événements, des images ou illustrations, des
remarques ou des observations à leur sujet et qui
est imprimé à des fins de vente et publié
périodiquement en parties ou en numéros, à trente
et un jours d’intervalle au plus entre la parution de
deux numéros ou de deux parties de ces numéros
du journal; (newspaper)
“person” means an individual, corporation,
association, partnership or society; (personne)
« personne » désigne un individu, une
corporation, une association, une société en nom
collectif ou une société; (person)
“residential owner” means a person having
ownership, possession, charge or control of a
residential property; (propriétaire d’immeuble
résidentiel)
« propriétaire d’immeuble résidentiel » désigne
une personne qui est propriétaire, qui a la
possession, qui est en charge ou qui a le contrôle
d’un immeuble résidentiel; (residential owner)
“residential property” means a single parcel of
land with an assigned Provincial Property Account
Number (PAN) used only for residential purposes,
including all single and double housing units,
individual townhouse units, apartment and
condominium buildings with not more than four
apartments or condominium units, rooming houses
with not more than nine roomers and combination
rooming house/apartment building with not more
than nine sleeping units (rooms); (immeuble
résidentiel)
« immeuble résidentiel » désigne une parcelle de
terre individuelle à laquelle est assignée un
numéro de compte du bien (NCB) provincial et
utilisée uniquement à des fins résidentielles, y
compris toutes les habitations unifamiliales ou
bifamiliales, les maisons en rangée individuelles,
les immeubles à appartements et les
condominiums ne comprenant pas plus de quatre
appartements ou unités condominiales ainsi que
les maisons de chambres n’ayant pas plus de neuf
locataires et un édifice combinant maison de
chambres/immeuble d’habitation comprenant au
plus neuf chambres; (residential property)
Interpretation
Interprétation
3 Rules for interpretation of the language
used in this By-law are contained in the lettered
paragraphs as follows:
3 Les règles d’interprétation suivantes
s’appliquent au présent arrêté :
88
- 6 -
(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.
(f) The schedules attached to this By-law
are included in and shall be considered part
of this By-law.
a) Les titres, intertitres et numéros des
dispositions ne servent qu’à faciliter la
consultation de l’arrêté et ne doivent pas
servir à son interprétation.
b) Le genre ou le nombre grammaticaux
doivent être adaptés au contexte.
c) Les renvois législatifs paraissent en
italique. Le renvoi à une loi vise également
les modifications qui s’y appliquent, y
compris toute législation de remplacement.
Les renvois à d’autres arrêtés de la
municipalité visent également les
modifications qui s’y appliquent, y compris
tout arrêté de remplacement.
d) Les obligations qu’il crée s’ajoutent à
celles découlant d’autres arrêtés applicables
de la municipalité ou des lois ou
règlements fédéraux ou provinciaux
applicables.
e) Si une disposition quelconque est
déclarée invalide par un tribunal compétent
pour quelque motif que ce soit, la décision
n’entache en rien la validité de l’arrêté dans
son ensemble ni de toute autre disposition.
f) Les annexes jointes au présent arrêté
sont incluses et doivent être considérées
comme faisant partie du présent arrêté.
Signage
Affichage
4(1) A residential owner may post a “No
Flyers” sign at their residential property either on
the front door, in the front lawn, or in a manner
that is visible from the street.
4(1) Un propriétaire d’immeuble résidentiel
peut apposer une affiche « Pas de circulaire » sur
son immeuble résidentiel, soit sur la porte
d’entrée, sur la pelouse avant ou d’une manière
visible de la rue.
89
- 7 -
4(2) A “No Flyers” sign shall have a minimum
size of 15.24 cm (6 in) wide by 17.78 cm (7 in)
high and shall contain the words “NO FLYERS /
PAS DE CIRCULAIRE” in a plain black font
such as Arial with a font size of at least 72 points
on a white background as attached in
Schedule “A” of this By-law.
4(2) Une affiche « Pas de circulaire » mesure au
moins 15,24 cm (6 po.) de large par 17,78 cm
(7 po.) de haut et contient les mots « NO
FLYERS/PAS DE CIRCULAIRE » dans une
police noire, comme Arial, d’une taille d’au moins
72 points sur un fond blanc, tel que jointe à
l’annexe « A » du présent arrêté.
Flyer Distribution
Distribution de circulaires
5(1) No distributor shall distribute or cause to
be distributed any flyers to a residential property if
a “No Flyers” sign has been posted.
5(1) Il est interdit à tout distributeur de
distribuer ou de faire distribuer des circulaires
dans un immeuble résidentiel lorsqu’une affiche
« Pas de circulaire » y a été apposée.
5(2) No distributor shall distribute or cause to
be distributed any flyers to a residential property if
there are old flyers on the driveway.
5(2) Il est interdit à tout distributeur de
distribuer ou de faire distribuer des circulaires
dans un immeuble résidentiel si de vieilles
circulaires se trouvent dans l’entrée de cour.
5(3) Notwithstanding anything to the contrary in
this By-law, a distributor may distribute or cause
to be distributed any flyers to a residential
property if the flyers are placed:
(a) in the mail box;
(b) in the mail slot; or
(c) in any other receptacle designated for
that purpose.
5(3) Par dérogation aux autres dispositions du
présent arrêté, un distributeur peut distribuer ou
faire distribuer des circulaires dans un immeuble
résidentiel si les circulaires sont placées :
a) dans la boîte aux lettres;
b) dans la fente du courrier;
c) dans tout autre récipient prévu à cet effet.
Exemptions
Exceptions
6 For greater certainty, this By-law does not
apply to:
(a) any election advertising material
permitted to be distributed pursuant to any
applicable provincial or federal statutes or
regulations;
(b) newspapers;
6 Pour plus de certitude, le présent arrêté ne
s’applique pas :
a) à tout matériel publicitaire électoral dont la
distribution est autorisée en vertu de toute
législation ou réglementation provinciale
applicable;
b) aux journaux;
90
- 8 -
(c) community association newsletters
that do not contain flyers;
(d) information circulars produced by the
City, the provincial or federal government,
or any of their agencies; and
(e) information circulars produced by a
member of Common Council, a member of
the Legislative Assembly of New
Brunswick or a member of Parliament.
c) aux bulletins d’information d’associations
communautaires qui ne contiennent pas de
circulaires;
d) aux circulaires d’information élaborées par
la municipalité, le gouvernement
provincial ou fédéral ou une de leurs
agences;
e) aux circulaires d’information élaborées par
un membre du conseil communal, une
membre de l’Assemblée législative du
Nouveau-Brunswick ou un député.
Offences
Infractions
7 A person who violates any of the
provisions of this By-law is guilty of an offence
and liable upon summary conviction to a fine of
not less than three hundred dollars ($300.00) and
not more than two thousand one hundred dollars
($2,100.00).
7 Toute personne qui contrevient à une
disposition du présent arrêté est coupable d’une
infraction et est passible sur condamnation
sommaire d’une amende d’au moins trois cents
dollars (300 $) et d’au plus deux mille cent dollars
(2 100 $).
Administrative Penalties
Pénalités administratives
8(1) The City may require an administrative
penalty to be paid with respect to a violation of a
provision of this By-law as set out in
subsection 8(2).
8(2) La municipalité peut exiger qu’une
pénalité administrative soit payée relativement à
une infraction à une disposition du présent arrêté,
comme prévu au paragraphe 8(2).
8(2) A person who violates any provision of
this By-law may pay to the City within
45 calendar days from the date of such violation
an administrative penalty of one hundred and fifty
dollars ($150.00), and upon such payment, the
person who committed the violation is not liable
to be prosecuted therefor.
8(2) Toute personne qui contrevient à une
disposition du présent arrêté peut payer à la
municipalité dans un délai de 45 jours civils à
compter de la date de ladite infraction, une
pénalité administrative de cent cinquante dollars
(150 $), et une fois l’amende payée, la personne
n’est plus susceptible de poursuites judiciaires.
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 présent arrêté
le ______________ 2023, avec les signatures
suivantes :
91
- 9 -
_______________________________________
Mayor / Maire
_______________________________________
City Clerk / Greffier de la municipalité
First Reading -
Second Reading -
Third Reading -
Première lecture -
Deuxième lecture -
Troisième lecture -
92
- 10 -
Schedule “A” / Annexe « A »
NO
FLYERS
PAS DE
CIRCULAIRE
93
BY-LAW NUMBER LG-15
A LAW TO AMEND A BY-LAW
RESPECTING THE PROCEDURES OF THE
COMMON COUNCIL
OF THE CITY OF SAINT JOHN
Be it enacted by the Common Council of
The City of Saint John as follows:
A By-Law of The City of Saint John
entitled “a By-Law Respecting the Procedures of
the Common Council of The City of Saint John”
enacted on the 3rd day of May, A.D. 2021, is
hereby amended as follows:
1 Section 16.24 is repealed and replaced with
the following:
“16.24 Motion by Member – notice – to Clerk,
City Manager and Mayor – 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, the City Manager and the
Mayor, not later than 4:00 p.m. on the Wednesday
in the week that immediately precedes the day of
the Council meeting.”
2 Section 16.26 is repealed and replaced with
the following:
“16.26 Motion by Member – in writing –
template - mover – signature
The motion mentioned in Section 16.24 shall be
submitted to the Clerk, the City Manager, and the
Mayor in writing using the prescribed Notice of
Motion template attached as Schedule “D” which
the member will fill out to the best of his/her/their
ability, providing as much background
information as possible. The said Notice of
Motion will bear the signature of the member
submitting the motion and be submitted in person
or electronically from the member’s City email.”
ARRÊTÉ Nº LG-15
ARRÊTÉ MODIFIANT L’ARRÊTÉ
CONCERNANT LE RÈGLEMENT
INTÉRIEUR DU CONSEIL COMMUNAL DE
THE CITY OF SAINT JOHN
Lors d’une réunion du conseil communal,
The City of Saint John a décrété ce qui suit :
Par les présentes, l’arrêté de The City of
Saint John intitulé « Arrêté concernant le règlement
intérieur du conseil communal de The City of Saint
John », édicté le 3 mai 2021, est modifié comme
suit :
1 L’article 16.24 est abrogé et remplacé par ce
qui suit :
« 16.24 Proposition présentée par un membre :
avis au greffier, au directeur général et au
Maire; délai
Un membre qui souhaite inscrire un point à
l’ordre du jour, autre qu’une des propositions
présentées aux articles 16.19 à 16.23
inclusivement, aux fins d’étude par le conseil,
doit remettre la proposition au greffier, au
directeur général et au maire, avant 16h le
mercredi de la semaine qui précède
immédiatement le jour prévu de la tenue de la
séance du conseil. »
2 L’article 16.26 est abrogé et remplacé par ce
qui suit :
« 16.26 Proposition présentée par un membre :
par écrit, formulaire, auteur, signature
La proposition mentionnée à l’article 16.24 doit
être soumise au greffier, au directeur général et au
maire par écrit en utilisant le formulaire intitulé
Avis de proposition à l’annexe D, que le membre
remplira au meilleur de ses connaissances en
procurant autant d’information que possible. Le
formulaire d’Avis de proposition sera signé par le
membre qui soumet l’Avis de proposition en
personne ou électroniquement à partir du courriel
de la ville du membre en question. »
94
3 Section 16: “Motions – Order” is amended by
adding the following sections immediately
following Section 16.26:
“16.27 Motion by Member – read into public
record – no discussion or vote
The Clerk shall place the member’s motion on the
Council agenda for the next meeting of Council.
At that meeting, the member will be provided an
opportunity to read their motion into the public
record. No discussion or vote on that motion shall
take place during this meeting.”
“16.28 Motion by Member – deferral to
subsequent meeting
The Member’s motion mentioned at s. 16.27 shall
be deferred to the following Council meeting
agenda, at which time Council may debate and
vote on the motion.”
4 Schedule D attached hereto is added
immediately after Schedule C to the By-Law.
IN WITNESS WHEREOF The City of Saint John
has caused the Corporate Seal of the said to be
affixed to this by-law the ____ day,
______________ A.D. 2023 and signed by:
3 L’article 16 – « Propositions: ordre » est
modifié par l’adjonction des articles suivants
immédiatement après l’article 16.26 :
« 16.27 Proposition présentée par un membre :
lue dans le registre public, aucune discussion,
aucun vote
Le greffier place la proposition présentée par un
membre à l’ordre du jour de la prochaine séance
du conseil. À cette séance, le membre en question
a l’occasion de lire sa proposition dans le registre
public. Aucune discussion n’a lieu et aucun vote
n’est effectué sur ladite proposition lors de cette
séance du conseil. »
« 16.28 Proposition présentée par un membre :
reportée à la séance suivante
La proposition présentée par un membre,
mentionnée à l’article 16.27, est reportée à l’ordre
du jour de la séance suivante du conseil à laquelle
le conseil pourra débattre la proposition et un vote
sur celle-ci pourra être effectué. »
4 L’Annexe D ci-jointe est ajoutée
immédiatement après l’Annexe C du présent
arrêté.
EN FOIE DE QUOI, The City of Saint John a fait
apposer son sceau municipal sur le présent arrêté
le _____ mai, 2023, avec les signatures suivantes.
_________________________________________
Mayor/Maire
________________________________________
Common Clerk / Greffière communale
First Reading -
Second Reading -
Third Reading -
Première lecture -
Deuxième lecture -
Troisième lecture -
95
SCHEDULE D
NOTICE OF MOTION
Her/His Worship Mayor _______________ and Members of Common Council:
SUBJECT: [Council Member describes the topic that is the subject of the Notice of Motion.]
Primary Author Input from Council Input from Staff
[Council Member’s Name] [Council Member lists the
other Members of Council
who have been consulted]
[Council Member lists the
names of City Staff who have
been consulted]
PROPOSED MOTION:
[Council Member provides the proposal for the motion. The exact language of the motion should be
provided here. Members of Council are encouraged to consult with City Staff and Common Clerk for
assistance.]
BACKGROUND INFORMATION:
[Council Member provides detailed background information. This section is intended to provide
sufficient and relevant information for council members to make an informed decision on the
proposed motion. Consider including the following:
1. The Reason for the motion: outline the issue the motion is intended to address. Consider
including relevant reference materials which support the proposed motion. Consider relying
on objective reliable third-party sources.
2. The Context of the motion: consider addressing whether the proposed motion falls within
the City’s authority, and whether the city is already working on the issue. If it is, consider
touching upon what is currently being done and how the motion would affect this. Consider
referencing past decisions and planning documents to help set the context.
3. The Solution being proposed: consider explaining how the motion will help solve the problem
(or how it will solve it better if the City is already addressing the issue). Consider addressing
Date Submitted
Meeting Date
Open or Closed
96
the impact of the motion (e.g. what will the impact be, will it displace other priorities, will
there be related resource issues, etc.?)
STRATEGIC ALIGNMENT:
[Council Member should describe here how the proposed motion will align with corporate strategies
and/or Council priorities.]
BUDGET IMPLICATIONS:
[Council Member should list here the potential impact of the proposed motion on the approved
budget]
INPUT FROM OTHERS:
[Council Member should list here the parties consulted in the preparation of the Motion, including:
City Staff, other Council Members, Agencies, Other Stakeholders, etc.]
ATTACHMENTS
[Council Member may list here and attach to this form relevant information related to the motion.]
97
ANNEXE D
Avis de Proposition
Monsieur le/Madame la Maire _______________ et membres du conseil communal:
SUJET: [Le membre du conseil décrit ici le sujet de la proposition]
Auteur(e) Contribution des membres du
conseil
Contribution de
l’administration
[Nom du membre du conseil
qui soumet la proposition]
[Le membre du conseil liste ici
les autres membres du conseil
qui ont été consultés]
[Le membre du conseil liste ici
le nom des employés de la
ville qui ont été consultés]
PROPOSITION:
[Le membre du conseil fournit ici le texte exact de la proposition. On encourage les membres du
conseil à consulter les employés de la ville et le greffier pour de l’assistance .]
CONTEXTE:
[Le membre du conseil fournit ici les détails pertinents concernant la proposition. Le but de cette
partie du formulaire est de fournir toute l’information nécessaire et pertinente aux autres membres
du conseil pour leur permettre de prendre une décision éclairée sur la proposition. Le membre du
conseil devrait considérer inclure ce qui suit :
1. La raison de la proposition: présenter ici la question que la proposition tente d’adresser. On
peut faire référence ici à des sources qui supportent la proposition, préférablement des
sources objectives de tierces parties.
2. Le contexte de la proposition: considérer la compétence de la ville à traiter la question
soulevée par la proposition. Considérer aussi si la ville travaille déjà sur la question. Si la ville
y travaille déjà, fournir les détails de ce qui a été entrepris et l’impact de la proposition sur ce
travail déjà entamé. Le membre du conseil pourrait inclure ici une liste des décisions
antécédentes sur la question et des plans ou autres documents adoptés par le conseil qui
sont pertinents à la question soulevée dans la proposition, pour mieux décrire le contexte.
3. La solution proposée: la membre pourrait expliquer ici comment la proposition résoudra la
question (ou comment elle la résoudra mieux si la ville y travaille déjà). Le membre pourrait
aussi fournir ici de l’information sur l’impact de la proposition (par exemple, si elle déplacera
Date soumise
Date de la séance
du conseil
Séance publique ou
fermée au public
98
d’autres priorités, si elle causera des défis de ressources financières, humaines et autres,
etc.)]
DIRECTION STRATÉGIQUE:
[Le membre du conseil décrit ici comment la proposition s’aligne avec la direction stratégique et les
priorités du conseil.]
ENJEUX BUDGÉTAIRES:
[Le membre du conseil liste ici les répercussions potentielles de la proposition sur le budget approuvé
par le conseil.]
AUTRES CONTRIBUTIONS:
[Le membre du conseil liste ici la liste des personnes qui ont été consultées dans la préparation de la
proposition, y inclut les employés de la ville, les autres membres du conseil, les agences, les autres
parties prenantes, etc.]
PIÈCES JOINTES
[Le membre du conseil liste ici et place en pièce jointe toute information pertinente à la proposition.]
-
99
COMMON COUNCIL REPORT
M&C No. 2023-98
Report Date April 06, 2023
Meeting Date April 17, 2023
Service Area Strategic Services
Her Worship Mayor Donna Noade Reardon and Members of Common Council
SUBJECT: 2023 General Fund and Utility Fund Capital Budget Update
AUTHORIZATION
Primary Authors Commissioner/Dept.
Head
Chief
Administrative
Officer
Chair of the
Finance
Committee
Craig Lavigne/
Michael Baker
Kevin Fudge/Ian
Fogan
J. Brent
McGovern
Councillor Gary
Sullivan
RECOMMENDATION
Finance Committee recommends Common Council approve the following
recommendations.
“Recommend approval of transferring up to $2 million dollars from the General
Fund Capital Reserve, as needed, to offset potential cost overruns on the 2023
General Fund Capital Budget as a result of supply chain and other inflationary
pressures.”
“Recommend deferring General Fund Capital Budget Projects if cost overruns due
to supply chain or other inflationary pressures exceed $2 million dollars based on
the priority rankings in Appendix 1 (i.e., Priority ranking 4 would be utilized first)”
and,
“Recommend deferring three Utility Fund Capital Projects if required to offset cost
overruns due to supply chain or other inflationary pressures based on the priority
rankings in Appendix 2 (i.e., Priority ranking 3 would be utilized first)”
EXECUTIVE SUMMARY
The purpose of this report is to provide an overview of how Council can support
the 2023 Capital programs (Utility and General Fund) in terms of the significant
overages’ capital projects have recently been incurring as part of the tendering
process. Staff are recommending a combination of deferring several general and
utility fund projects as well as withdrawing up to $2 million dollars of General Fund
Capital Reserves to address potential shortfalls in funding for priority 2023 Capital
projects.
100
- 2 -
PREVIOUS RESOLUTION
March 22, 2023 – Finance Committee Meeting - It is recommended that members
of the Finance Committee endorse the following recommendations and forward
a copy of this report to Common Council for appro val.
“Recommend approval of transferring up to $2 million dollars from the General
Fund Capital Reserve, as needed, to offset potential cost overruns on the 2023
General Fund Capital Budget as a result of supply chain and other inflationary
pressures.”
“Recommend deferring General Fund Capital Budget Projects if cost overruns due
to supply chain or other inflationary pressures exceed $2 million dollars based on
the priority rankings in Appendix 1 (i.e., Priority ranking 4 would be utilized first)”
and,
“Recommend deferring three Utility Fund Capital Projects if required to offset cost
overruns due to supply chain or other inflationary pressures based on the priority
rankings in Appendix 2 (i.e., Priority ranking 3 would be utilized first)”
REPORT
The purpose of this report is to update Common Council on the status of the 2023
Capital budget for both the General Fund and Utility Funds in terms of mitigating
the impact of rising costs of capital works.
The economic environment has changed drastically throughout the world as
everyone attempts to recover from the COVID 19 pandemic. The Bank of Canada
raised interest rates seven times in 2022, ending the year with an interest rate of
4.25%.
Along with interest rate hikes the inflation rates seen in 2022 are the highest seen
in almost 40 years. Inflation ended 2022 with a 6.3% rate year over year, however,
was as high as 8.1% year over year in June of 2022. The inflation coupled with the
increased cost of diesel and continued supply chain issues has cr eated a number
of challenges as it relates to the City’s capital projects. On average for full street
reconstruction projects tendered in 2022 the City has seen overall project budgets
needing to increase by a factor of between approximately 1.5 to 2.1 to cover
increased costs. Staff are seeing some areas (i.e. watermain work) affected much
more than other components within street reconstruction projects.
101
- 3 -
Staff have already brought forth recommendations to mitigate capital project
overages such as scope changes or using surplus funds in other projects. The
Capital Budget Policy provides two strategies to help mitigate the risk of increased
cost of capital projects.
The policy allows the use of capital surpluses to be reallocated to capital
deficits or shortfalls.
The policy allows staff to defer or carry forward projects for up to two years
without having to relist the project for approval. This is advantageous for
managing the timing of projects to mitigate risk such as the current
environment.
Finally, there is Capital Reserves and a Capital Reserve Policy which can also play
a role in mitigating the cost increases, however the use of such funds will need to
be strategic as there are limited funds available.
As staff undertake the 2023 Capital program, there will not be any surplus funds
available in other projects to mitigate the pricing increases that Staff are currently
seeing during the tendering process as well as throughout the design process
where engineer’s estimates are compared to the budget available.
As a result of this issue, staff undertook a review of the 2023 Capital programs and
prioritized the list of projects based on a number of factors such as.
Safety or Risk of Failure
Projects that have secured Other Share funding
Projects that have been tendered
Projects currently underway
2022 Capital Projects that required Supplemental Funding
If the City is successful in receiving Other Share funding for projects (i.e. district
energy) on the proposed general fund deferral list it is the intention that these
projects would move forward with the allocated required City Share and would be
removed from the deferral list.
General Fund Projects proposed to be deferred are noted in Appendix 1 while
deferred Utility Fund projects are noted in Appendix 2.
General Fund
Staff are recommending the approval of up to $2 million dollars to be transferred
from the General Capital Reserve as needed to fund price increases for Capital
projects undertaken in 2023. The current balance in the General Fund C apital
Reserve that is not allocated is $7.29M. There is an additional $772K being
102
- 4 -
transferred into the reserve in 2023 as part of the 2023 operating budget. The
recommended $2 million dollars to be potentially transferred represents 25% of
the reserve balance which will be used to address the inflationary pressures in the
capital program. Although it is difficult to predict pricing for capital works, the
transferring of these funds will help alleviate the pricing challenges. Staff will
report back to the Finance Committee with actual capital reserve transfers for
capital. Approval of all transfers to and from reserves is part of the provincial
requirements on reserve transfers and is approved by Common Council before the
end of the calendar year.
The intention is that once $2 million dollars from the General Fund Capital Reserve
is utilized to offset project overages, that staff would then utilize deferred general
fund projects funding to offset overages on the higher priority capital projects.
Deferred General Fund Capital Projects that have their City Share utilized as an
offset to address other project overages will be relisted in the 2025 Capital
Program or considered as part of any 2024 Capital Program revisions.
Utility Fund
Staff are recommending the three projects listed in Appendix 2 be deferred and if
required their Utility Share funding be utilized to offset project on higher priority
projects within the 2023 Capital Program.
Deferred Utility Fund Capital Projects that have their Utility Share utilized as an
offset to address other project overages will be re-evaluated in the 2025 Capital
Program planning process or considered as part of any 2024 Capital Program
revisions.
Conclusion
In conclusion, the three recommendations will allow staff more flexibility to move
forward with 2023 Capital projects by having more City share funding available
through projects being deferred as well as the use of up to $2 million dollars or
25% of the balance in General Fund Capital reserves. This will ensure staff will not
need to return to Common Council with every 2023 Capital Program project
tender award seeking approval of surplus capital funds or use of Capital reserves.
STRATEGIC ALIGNMENT
This report aligns with Council’s priority of PERFORM. The updated 2023 capital
prioritization and risk mitigation strategy ensures the City is accountable for
103
- 5 -
results in delivering public service by adhering to its plans, policies, procedures,
and best practices.
SERVICE AND FINANCIAL OUTCOMES
This report meets the City’s financial policies, ensures the City stays on budget as
well as meets the goals of the Long Term Financial Plan.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
Input has been received from all service areas that have projects included in the
2023 Capital program
ATTACHMENTS
Appendix 1 – 2023 Capital Program - General Fund Projects
Appendix 2 – 2023 Capital Program - Saint John Water Projects
Finance Committee Report - 2023 General Fund and Utility Fund Capital Budget
Update
104
Priority Project Work Type Reason Location Description Other Share City Share1Facility and Asset ManagementFacility and Asset ManagementNo confirmed funding. Defer City Share funding until Other Share funding is confirmed & approved by Council.Central PenninsulaDistrict Energy System Master plan and Feasibility Study. Full project envelope subject to the City obtaining other Government Funding.$625,000.00 $625,000.002Lily Lake Lift StationFacility and Asset ManagementLift Station has grease issues and assessment should be completed. Grease enforcement necessary.Lily LakeComplete an assesment on existing lift station & forcemain including design services to complete upgrades.$0.00 $75,000.003Rockwood Park A FrameParks & Recreation Services50% of the project budget to be defered until scope of work determined for project. Other 50% of funding available to move design and scoping portion of project forward.Rockwood ParkRockwood Park A Frame to be completely replaced ‐ the building and the septic system.$0.00 $250,000.004Separation of the Combined Sewers near Bayside Middle schoolUrban and Rural StormProject can be delayed from 2023 Capital Program however work does need to be completed to aid with future development in the area. Project to be re‐evaluated when 2024 Capital Program is revised. Bayside Drive, Edith Avenue, Loch Lomond Road, Westmorland Road Ellerdale Street, Linda Court, Macdonald StreetInvestigate and complete conceptual design options to reduce overflows and separate the existing combined sewers near Bayside Middle School.$0.00 $250,000.00Total ($) $1,200,000.00Appendix 1 ‐ 2023 Capital Program ‐ General Fund Projects 105
Priority Project Work Type Reason Location Description Other Share City Share1Spruce Lake TankInfrastructure Renewal ‐ WaterOriginal Project Budget $250,000. Project requires $150,000 in 2023 to address required tank design work (tank location to be determined by SJW Operations) therefore $100,000 can be reallocated to address project shortfalls. Spruce Lake Industrial ParkEngineering Design for the Rehabilitation of the Spruce Lake Tank.$0.00 $100,000.002Separation of the Combined Sewers near Bayside Middle schoolInfrastructure Renewal ‐ SanitaryProject can be delayed from 2023 Capital Program however work does need to be completed to aid with future development in the area. Project to be re‐evaluated when 2024 Capital Program is revised. Bayside Drive, Edith Avenue, Loch Lomond Road, Westmorland Road Ellerdale Street, Linda Court, Macdonald StreetInvestigate and conceptual design options to reduce overflows and separate the existing combined sewers near Bayside Middle School.$0.00 $250,000.003 WWTPInfrastructure Renewal ‐ SanitaryCan be delayed from 2023 Capital Program. Project scope to be re‐evaluated when 2024 Capital Program is revised. Various LocationsImplement the recommendations from the City of Saint John Wastewater Treatment Plant Solid Waste Diversion Action Plan.$0.00 $306,000.00Total ($) $656,000.00Appendix 2 ‐ 2023 Capital Program ‐ Saint John Water 106
FINANCE COMMITTEE REPORT
Report Date March 20, 2023
Meeting Date March 22, 2023
Chairman Sullivan and Members of Finance Committee
SUBJECT: 2023 General Fund and Utility Fund Capital Budget Update
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Finance Committee.
AUTHORIZATION
Primary Authors Commissioner/Dept.
Head
Chief Administrative
Officer
Craig Lavigne/Michael
Baker
Ian Fogan/Kevin Fudge J. Brent McGovern
RECOMMENDATION
It is recommended that members of the Finance Committee endorse the following
recommendations and forward a copy of this report to Common Council for
approval.
“Recommend approval of transferring up to $2 million dollars from the General
Fund Capital Reserve, as needed, to offset potential cost overruns on the 2023
General Fund Capital Budget as a result of supply chain and other inflationary
pressures.”
“Recommend deferring General Fund Capital Budget Projects if cost overruns due
to supply chain or other inflationary pressures exceed $2 million dollars based on
the priority rankings in Appendix 1 (i.e., Priority ranking 4 would be utilized first)”
and,
“Recommend deferring three Utility Fund Capital Projects if required to offset cost
overruns due to supply chain or other inflationary pressures based on the priority
rankings in Appendix 2 (i.e., Priority ranking 3 would be utilized first )”
EXECUTIVE SUMMARY
The purpose of this report is to provide Finance Committee with an overview of
how the Committee can support the 2023 Capital programs (Utility and General
Fund) in terms of the significant overages’ capital projects have recently been
107
- 2 -
incurring as part of the tendering process. Staff are recommending a combination
of deferring several general and utility fund projects as well as withdrawing up to
$2 million dollars of General Fund Capital Reserves to address potential shortfalls
in funding for priority 2023 Capital projects.
PREVIOUS RESOLUTIONS
N/A
STRATEGIC ALIGNMENT
This report aligns with Council’s priority of PERFORM. The updated 2023 capital
prioritization and risk mitigation strategy ensures the City is accountable for
results in delivering public service by adhering to its plans, policies, procedures,
and best practices.
REPORT
The purpose of this report is to update Finance Committee on the status of the
2023 Capital budget for both the General Fund and Utility Funds in terms of
mitigating the impact of rising costs of capital works.
The economic environment has changed drastically throughout the world as
everyone attempts to recover from the COVID 19 pandemic. The Bank of Canada
raised interest rates seven times in 2022, ending the year with an interest rate of
4.25%.
Along with interest rate hikes the inflation rates seen in 2022 are the highest seen
in almost 40 years. Inflation ended 2022 with a 6.3% rate year over year, however,
was as high as 8.1% year over year in June of 2022. The inflation coupled with the
increased cost of diesel and continued supply chain issues has created a number
of challenges as it relates to the City’s capital projects. On average for full street
reconstruction projects tendered in 2022 the City has seen overall project budgets
needing to increase by a factor of between approximately 1.5 to 2.1 to cover
increased costs. Staff are seeing some areas (i.e. watermain work) affected much
more than other components within street reconstruction projects.
Staff have already brought forth recommendations to mitigate capital project
overages such as scope changes or using surplus funds in other projects. The
Capital Budget Policy provides two strategies to help mitigate the risk of increased
cost of capital projects.
The policy allows the use of capital surpluses to be reallocated to capital
deficits or shortfalls.
The policy allows staff to defer or carry forward projects for up to two
years without having to relist the project for approval. This is
108
- 3 -
advantageous for managing the timing of projects in order mitigate risk
such as the current environment.
Finally, there is Capital Reserves and a Capital Reserve Policy which can also play
a role in mitigating the cost increases, however the use of such funds will need to
be strategic as there are limited funds available.
As staff undertake the 2023 Capital program, there will not be any surplus funds
available in other projects to mitigate the pricing increases that Staff are currently
seeing during the tendering process as well as throughout the design process
where engineer’s estimates are compared to the budget available.
As a result of this issue, staff undertook a review of the 2023 Capital programs and
prioritized the list of projects based on a number of factors such as.
Safety or Risk of Failure
Projects that have secured Other Share funding
Projects that have been tendered
Projects currently underway
2022 Capital Projects that required Supplemental Funding
If the City is successful in receiving Other Share funding for projects (i.e. district
energy) on the proposed general fund deferral list it is the intention that these
projects would move forward with the allocated required City Share and would be
removed from the deferral list.
General Fund Projects proposed to be deferred are noted in Appendix 1 while
deferred Utility Fund projects are noted in Appendix 2.
General Fund
Staff are recommending the approval of up to $2 million dollars to be transferred
from the General Capital Reserve as needed to fund price increases for Capital
projects undertaken in 2023. The current balance in the General Fund Capital
Reserve that is not allocated is $7.29M. There is an additional $772K being
transferred into the reserve in 2023 as part of the 2023 operating budget. The
recommended $2 million dollars to be potential transferred represents 25% of the
reserve balance which will be used to address the inflationary pressures in the
Capital program. Although it is difficult to predict pricing for the Capital works,
the transferring of these funds will help alleviate the pricing challenges. Staff will
report back to Finance Committee with actual capital reserve transfers for capital.
Approvals of all transfers to and from reserves is part of the provincial
requirements on reserve transfers.
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The intention is that once $2 million dollars from the General Fund Capital Reserve
is utilized to offset project overages, that staff would then utilize deferred general
fund projects funding to offset overages on the higher priority capital projects.
Deferred General Fund Capital Projects that have their City Share utilized as an
offset to address other project overages will be relisted in the 2025 Capital
Program or considered as part of any 2024 Capital Program revision s.
Utility Fund
Staff are recommending the three projects listed in Appendix 2 be deferred and if
required their Utility Share funding be utilized to offset project on higher priority
projects within the 2023 Capital Program.
Deferred Utility Fund Capital Projects that have their Utility Share utilized as an
offset to address other project overages will be re-evaluated in the 2025 Capital
Program planning process or considered as part of any 2024 Capital Program
revisions.
Conclusion
In conclusion, the three recommendations will allow staff more flexibility to move
forward with 2023 Capital projects by having more City share funding available
through projects being deferred as well as the use of up to $2 million dollars or
25% of the balance in General Fund Capital reserves. This will ensure Staff will not
need to return to Common Council with every 2023 Capital Program project
tender award seeking approval of surplus capital funds or use of Capital reserves.
SERVICE AND FINANCIAL OUTCOMES
This report meets the City’s financial policies, ensures the City stays on budget as
well as meets the goals of the Long Term Financial Plan.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
Input was received from all service areas that have projects included in the 2023
Capital programs.
ATTACHMENTS
Appendix 1 – 2023 Capital Program - General Fund Projects
Appendix 2 – 2023 Capital Program - Saint John Water Projects
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MEMORANDUM
April 5th, 2023
Mayor Donna Reardon and Members of Council
City of Saint John
Your Worship and Councilors,
Re: Spring/Summer 2023 Saint John Community Arts Funding Program
A meeting of the Saint John Community Arts Board’s Small Grant Jury
was held on Wednesday April 5, 2023, to decide the Spring/Summer
2023 Community Arts Funding grant recipients.
The Saint John Community Arts Board Jury approved the grant amounts
to be awarded to each organization or group as per the attached list,
totaling $18,260.00 . Such funding will be covered under the 2023 Saint
John Community Arts Funding Program, from the $70,000 budget
allocated by Common Council for the Board’s programs.
This year, the board received 15 project and festival submissions from
14 different organizations, with a total financial request of $41,210.00.
The 7 approved projects represent our diverse arts and cultural
community and will add to the growth, prosperity, and vibrancy of the
City.
The Community Arts Board recommends that Saint John Common
Council receive and file this letter and direct the Commissioner of
Finance to issue cheques to be distributed to the grant recipients at a
forthcoming presentation.
Respectfully Submitted,
__________________________________________________
Suping Shi
Chair
Saint John Community Arts Board
Attached: 2023 Spring Summer Small Grant Funding Recipients with
Descriptions
Chair/President
Suping Shi
Vice-Chair/Vice-president
Laura Oland
2nd Vice-Chair
Guylaine Cyr
Councilor Paula Radwan
Councilor Joanna Killen
Dahlia Das
Mostafa Aboelneil
Kara Au
Andrea Kikuchi
Daniel Rito
Christopher McFarlane
Wenmei Li
Ann Mowatt
Sarah Harris
Arts and Culture
Coordinator
Kate Wilcott
Address
P.O. Box/C.P. 1971
Saint John, NB/N-B E2L 4L1
Tel: 658-4455
kate.wilcott@saintjohn.ca
*Logo based on City Hall
sculpture “Progression” by
Claude Roussel, CM, ONB, RCA
111
1
2023 SPRING/SUMMER SMALL GRANTS RECIPIENTS
1. Connec�on Dance Works $3500.00
“Saint John Contemporary Dance Fes�val”
Connec�on Dance Works is presen�ng the annual Saint John Contemporary Dance
Fes�val from July 17-22, 2023. The fes�val’s programming contains a variety of ar�s�c
performances highligh�ng contemporary dance in Canada. The fes�val will feature both
local and visi�ng professional dance ar�sts and musicians. The Saint John Contemporary
Dance Fes�val strengthens the landscape of contemporary dance in Atlan�c Canada and
brings a diverse selec�on of dance ar�sts from across Canada.
2. Industrial Parks Collec�ve $3500.00
“GLOW Emerging Ar�sts Fes�val”
Local and regional ar�sts are invited to par�cipate in this unique, mul�faceted fes�val.
The goal of the GLOW Fes�val is to provide an opportunity for emerging ar�sts to show
their work and talents, represen�ng the diversity and crea�vity Saint John is known for.
This 3-day event will take place in mid June in an accessible loca�on in Uptown Saint
John, can include visual arts, workshops, film, music, and performing arts, and will be
open to the public to atend.
3. Atlan�c Canada Pales�nian Society of Saint John $2210.00
“Tatreez Art Learning Café”
Tatreez Learning Café” will be a 3-month project where par�cipants will be taught the
tradi�onal Pales�nian embroidery techniques. Each month a free 4-week course will be
offered for the public to learn about Tatreez through hands-on learning and
documentary screenings. This is be done in collabora�on with Crescent Valley Resource
Centre and The Nic Nicolle Community Centre.
4. Symphony New Brunswick Inc $1500.00
“Community Library Support”
The SJ String Quartet presents four free library programs each year at the SJ Free Public
Library. The Saint John Free Public Library will host the live shows, and the performances
will also be live streamed to approximately 800-1000 viewers. These free 30-minute
concerts are geared towards a younger audience & remain very well atended. Library
concerts take classical and orchestral music out of the concert hall and bring it straight
to the people.
112
2
2023 SPRING/SUMMER SMALL GRANTS RECIPIENTS
5. Third Space Gallery $3500.00
“Third Shi�: RECLAMATIO N”
Established in 2015 with the assistance of a SJCAB grant, THIRD SHIFT is an exhibi�on of
public contemporary art that includes temporary installa�ons, performances,
projec�ons, and interac�ve artwork. THIRD SHIFT aims to offer Saint John ci�zens and
visitors to the city a unique opportunity to engage with contemporary art and re-
imagine urban space. Now expanded to a three-day fes�val comprising of workshops,
ar�st talks, screenings, and other programming, THIRD SHIFT con�nues to encourage
new experiences and communal exchange in the heart of Uptown Saint John and
beyond. Ac�vi�es are all-ages, free of charge, and open to the public.
6. Writers’ Federa�on of New Brunswick $2800.00
“WordSpring 2023”
WordSpring is the flagship event on the WFNB’s annual roster. It includes literary
readings, wri�ng workshops, and two award ceremonies: the NB Wri�ng Compe��on
Literary Soiree, and the NB Book Awards. This year’s event will be in Saint John on June
2nd-4th, 2023. WordSpring increases the profile of NB authors in the public sphere. The
end goal is to increase the public’s apprecia�on for the cra� of wri�ng, and to showcase
our vibrant community of writers. Since 1985, the WFNB has existed to support NB
writers at all stages and levels of their development.
7. InterAc�on School of Performing Arts $1250.00
“Open Stage for the Underage”
InterAc�on will host a monthly coffee house series: Open Stage for the Underage. The
series will feature solo and group acous�c performances for students ages 13-18,
including music, poetry, dance, and theatre performances. There are currently few
opportuni�es for youth to perform alongside their peers and these opportuni�es are
usually limited to groups in an all-ages se�ng. Open Stage for the Underage will allow
students an opportunity to workshop their skills in a non-compe��ve and safe se�ng,
staffed by professional ar�sts.
113
YMCA of Greater Saint John
191 Churchill Blvd.
Saint John, NB E2K 3E2
Tel: 506-693-9622
Fax: 506-634-0783
March 30, 2023
Mayor Reardon,
We invite you to join us as we celebrate the 33re Annual YMCA Red Triangle Awards in
support of Strong Communities Campaign, by purchasing a ticket to this year’s awards gala.
The Red Triangle and Leader to Watch Awards have been bestowed in the past upon
outstanding community leaders and role models.
This year as we celebrate 33 years of recipients we are thrilled to honour Li Song as the Red
Triangle Award recipients and Emma Coakley the recipient of the Leader to Watch Award.
Li Song is an inspiring leader, change maker, committed volunteer, role model and peace
maker. Li is an advocate for diversity, inclusion, equality and education. She has inspired many
people and coached them to grow and contribute to our region.
Emma Coakley is a dedicated student, athlete and volunteer and is very active in her
community. She exudes a can-do attitude and her drive, determination and competitive spirit
helps her to thrive in everything she does.
All funds raised will support the community through our Annual Strong Communities
Campaign. Providing access to Y programs and services.
Date and Time: Thursday, May 4th, 2023 at 6:30pm
Location: Saint John Regional YMCA
Tickets: $125
Tickets can be purchased by filling out the attached form and mailing back or by visiting
www.saintjohny.ca. We look forward to seeing you on May 4th.
Sincerely,
Lori Logue
Fund Development Officer
l.logue@SaintJohnY.ca
506 663 1455
114
From:City of Saint John, New Brunswick
To:Common Clerk
Subject:Webform submission from: Request to present to council form
Date:April 9, 2023 1:31:38 PM
[ External Email Alert] **Please note that this message is from an
external sender. If it appears to be sent from a Saint John employee, please
forward the email to spamsample@saintjohn.ca or contact IT Service Desk
at 649-6047.**
Submitted on Sun, 04/09/2023 - 13:31
Submitted by: Anonymous
Submitted values are:
About Person/Group Presenting
First Name:
Derrick
Last Name:
May
Name of Organization/Group (where applicable):
Operation Feed - Saint John
Address:
Canada
Day Time Phone Number:
Email
If you do NOT wish to have your personal information (address, phone number, email)
become part of the public record, please check this box.
No
About your Request
115
Topic of Presentation:
Introduction
Purpose for Presentation (what is the ask of Council):
Operation Feed is a Veteran based organization that is helping Veterans and First Responders
heal from trauma while serving the community.
We would like to present to council what exactly we are doing and explore options for
support.
Background Information:
We are 100% volunteer organization. All monies collected goes back out to the community.
We want to create a space for Veterans and first responders to heal , be leaders in the mental
health community and combat poverty and the war on hunger. We served our country now we
serve the community we grew up in and help change some lives in the process.
116
From:City of Saint John, New Brunswick
To:Common Clerk
Subject:Webform submission from: Request to present to council form
Date:April 13, 2023 9:38:48 AM
[ External Email Alert] **Please note that this message is from an
external sender. If it appears to be sent from a Saint John employee, please
forward the email to spamsample@saintjohn.ca or contact IT Service Desk
at 649-6047.**
Submitted on Thu, 04/13/2023 - 09:38
Submitted by: Anonymous
Submitted values are:
About Person/Group Presenting
First Name:
Greg
Last Name:
Cutler
Name of Organization/Group (where applicable):
Representing: Saint John Ability Advisory Committee
Address:
1 Market Square
Saint John , New Brunswick. E2L4L1
Canada
Day Time Phone Number:
5066503763
Email
gregory.cutler@saintjohn.ca
If you do NOT wish to have your personal information (address, phone number, email)
become part of the public record, please check this box.
No
About your Request
117
Topic of Presentation:
Saint John Ability Advisory Committee - Annual Update
Purpose for Presentation (what is the ask of Council):
The Purpose of this presentation: for Executive members of SJAAC to have the opportunity to
advise/update Mayor and Council on recent operations/projects/successes while also laying
out the plan for the coming year; as it relates to Accessibility and Inclusion in Saint John.
Background Information:
The group is hoping to present at the May 28th Council Meeting as this would coincide with
Disability Awareness Month.
The group will also have to arrange for ASL interpretation as well.
SJAAC has made similar presentations to council in the past but the cadence was thrown off
by COVID. SJAAC would like to get back to regular updates to coincide with Disability
Awareness Week.
Please see below for the most recent presentation. The 2023 presentation will be similar with
updated information.
118
M&C No. 2023-105
Report Date April 11, 2023
Meeting Date April 17, 2023
Service Area General Counsel
SUBJECT: Saint John Industrial – Catalytic Project - Update
EXECUTIVE SUMMARY OF COMMITTEE OF THE WHOLE REPORT FOR OPEN
SESSION OF COUNCIL
Council identified “Investment in Industrial Parks” as a catalytic infrastructure
project in May 2022. Staff engaged a consultant to complete a market study. The
said market study identified five Key workstreams to focus the revitalization of the
City’s industrial parks lands.
At its meeting held April 11, 2023, Growth Committee resolved to recommend to
Council that it allocate up to $155,400.00 from the Strategic Real Estate Capital
Reserve for strategic planning consulting services and other expert consulting
services required to facilitate the workstreams identified in the market study.
COUNCIL RESOLUTION
Growth Committee recommends:
That Common Council allocate up to $155,400.00 from the Strategic Real Estate
Capital Reserve for strategic planning consulting services and other expert
consulting services required to facilitate the workstreams identified by Deloitte
LLP in their Final Report & Roadmap entitled “Saint John Industrial Parks Market
Assessment.”
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M&C No. 2023-100
Report Date April 11, 2023
Meeting Date April 17, 2023
Service Area General Counsel
SUBJECT: Proposed Sale of 450 Falls View Drive
EXECUTIVE SUMMARY OF COMMITTEE OF THE WHOLE REPORT FOR OPEN
SESSION OF COUNCIL
Staff have reached a tentative agreement of Purchase and Sale with Westside
Holdings Inc. for the purchase of the City-owned property at 450 Falls View Drive.
The purchaser’s intent is to revitalize the building and to bring a quality business
to this site.
COUNCIL RESOLUTION
That the City enter into an Agreement of Purchase and Sale in the form as
presented to Committee of the Whole at its meeting held April 17, 2023, with
Westside Holdings Inc. for the sale of the property at 450 Falls View Drive, further
identified as PID No.55217657, and that the Mayor and Clerk be authorized to
execute the said Agreement of Purchase and Sale and any other documents
necessary to effect the transaction.
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M&C No. M&C 2023-99
Report Date April 13, 2023
Meeting Date April 17, 2023
Service Area Transportation and
Environment Services
SUBJECT: Stopping Train Whistles Including at Two West Side Rail Crossings
EXECUTIVE SUMMARY OF COMMITTEE OF THE WHOLE REPORT FOR OPEN
SESSION OF COUNCIL
Train whistles are currently required for public safety purposes at most rail
crossings in the City. Their noise, however, impacts surrounding residents. Train
whistles can be stopped at a rail crossing but only after conditions of the
applicable regulating body are met, including mitigating the safety impacts of
stopping train whistles such as assuring gates are in place.
Two rail crossings, one on Sherbrooke Street and another on Sand Cove Road, are
considered the greatest priorities to stop train whistles because (1) they are on
the rail line leading from the Port where expansion is underway, (2) have three
times the number of residents within a 300 metre radius relative to any other
crossing in the City expected to impacted by Port growth, and (3) are closer
together than many other crossings in the City that subject some residents to
twice the number of train whistles.
A proposed shared Capital investment between the City, the Province, and NB
Southern Railway and a recommended contribution to maintenance from the City
would allow the gates to be installed and train whistles to stop at these two west
side rail crossings.
This Common Council has prioritized addressing noise from trains in our 10-year
strategic plan.
COUNCIL RESOLUTIONS
That Committee of the Whole recommend to Common Council the following:
1. That the Mayor be authorized to send a letter to New Brunswick Southern
Railway (NBSR) on behalf of the City requesting the cessation of train
whistles at the rail crossings on Sherbrooke Street and Sand Cove Road,
2. That the City enter into a Contribution Agreement with NBSR in the form
as presented to Committee of the Whole at its April 17, 2023 meeting, and
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that the Mayor and City Clerk be authorized to execute the said agreement
or any document ancillary thereto,
3. That the City enter into the contribution agreement with the Provincial
Regional Development Corporation (RDC) in the form presented to
Committee of the Whole at its April 17, 2023 meeting, and that the Mayor
and City Clerk be authorized to execute the said agreement,
4. That the City approve a grant in the amount of $145,350.00 to NBSR if and
when required as per the obligations of the Contribution Agreement cited
in recommendation #2, to be funded from the City’s General Fund
Operating Budget, and
5. That the Chief Financial Officer be authorized to release funds to NBSR,
provided by RDC, upon, and as described in conditions being met in both
(a) the Contribution Agreement with NBSR as cited in #2 and (b) the
contribution agreement with RDC as cited in recommendation #3.
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