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2023-05-01_Agenda Packet--Dossier de l'ordre du jour�B City of Saint John Common Council Meeting AGENDA Monday, May 1, 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 (wwwsaintjohn.ca) or on Rogers TV. Pages 1. Call to Order 1.1 Land Acknowledgement 1.2 National Anthem 2. Approval of Minutes 2.1 Minutes of April 17, 2023 5 - 14 3. Approval of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 Purchase of Firefighting Bunker Gear (Recommendation in Report) 15 - 18 5.2 Consulting Services - Readiness Assessment and Requirements Analysis - 19 - 23 Enterprise Resource Planning (ERP) System — RFP 2022-092205P (Recommendation in Report) 5.3 Assent to Money -in -lieu of Land for Public Purposes - 661 Dever Road 24 - 26 (Recommendation in Report) 5.4 Acquisition of Easements at Candlewood Lane (Recommendation in Report) 27 - 71 5.5 Information Technology (IT) Review and Strategy (Recommendation in Report) 72 - 75 5.6 Tender 2023-681001T- Phosphate for Corrosion Control (Recommendation in 76 - 78 Report) 5.7 Proposal for CCTV Video Inspection and Flushing (Recommendation in Report) 79 - 82 6. Members Comments 7. Proclamation 7.1 Lyme Disease Awareness Month - May 2023 83 - 83 7.2 Melanoma and Skin Cancer Awareness Month - May 2023 84 - 84 8. Delegations / Presentations 9. Public Hearings - 6:30 p.m. 9.1 Proposed Section 59 Amendment with Planning Advisory Committee report and 85 - 141 Staff Presentation - 55 McDonald Street 9.2 Proposed Zoning By -Law Housekeeping Amendments with Planning Advisory 142 - 174 Committee report and Staff Presentation (1 st and 2nd Reading) 10. Consideration of By-laws 10.1 Bylaw respecting the Procedures of Common Council re: Motion by Member 175 - 180 (3rd Reading) 10.2 Bylaw respecting the Closing of Roads, Streets or Highways - Fieldstone Drive 181 - 182 (3rd Reading) 11. Submissions by Council Members 12. Business Matters - Municipal Officers 12.1 Chief Administrative Officer Update on Select Catalytic Projects and Advocacy (Verbal) 13. Committee Reports 13.1 Finance Committee: Internal Audit 183 - 203 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 15.1 New Brunswick International Student Program - Request to Present 204 - 223 (Recommendation: Refer to Clerk to Schedule Presentation) K 16. Supplemental Agenda 17. Committee of the Whole 17.1 Indemnification to Province for Train Whistle Cessation 224 - 224 17.2 Civic Recognition Awards 225 - 225 18. Adjournment K Wo City of Saint John Common Council Meeting Monday, May 1, 2023 Committee of the Whole 1. Call to Order Si vous avez besoin des services en frangais pour une reunion de Conseil communal, veuillez contacter le bureau du greffier communal au 658-2862. Each of the following items, either in whole or in part, is able to be discussed in private pursuant to the provisions of subsection 68(1) of the Local Governance Act and Council / Committee will make a decision(s) in that respect in Open Session: 4:00 p.m., 2nd Floor Boardroom, City Hall 1.1 Truth and Reconciliation Efforts 1.2 G. Creamer: Request to Present in Closed — Extension of Little River Reservoir Park Trail 1.3 Approval of Minutes 68(1) 1.4 Financial Matter 68(1)(c) 1.5 Financial Matter 68(1)(c) 1.6 Financial Matter 68(1)(c) 1.7 Personal Matter 68(1)(b) 1.8 Legal Matter 68(1)(f) 1.9 Legal Matter 68(1)(f) 1.10 Financial Matter 68(1)(c) 1.11 Financial Matter 68(1)(c) 1.12 Personal Information 68(1)(b) 1 Ville de Saint John Seance du Conseil communal Lundi ter mai 2023 18h Salle du Conseil communal, 2e etage, 1-16tel de ville Un moyen de communication electronique sera utilise lors de cette reunion. Le public peut assister a la reunion en personne clans la salle du Conseil ou la regarder sur le site Web de la Ville (www.saintiohn.ca/fr) ou sur Rogers TV. Comite plenier 1. Ouverture de la seance Si vous souhaitez obtenir des services en frangais pour une seance du conseil communal, veuillez communiquer avec le bureau du greffier communal au 658-2862. Chacun des points suivants, en totalite ou en partie, peut faire I'objet d'une discussion en prive en vertu des dispositions prevues au paragraphe 68(1) de la Loi sur la gouvernance locale. Le conseil/comite prendra une ou des decisions a cet egard au cours de la seance publique : 16 h — Comite plenier a huis clos — Salle de conference du 2e etage 1.1 Efforts de verite et de reconciliation 1.2 G. Creamer : Demande de presentation a huis clos — Extension du sentier du parc du reservoir de Little River 1.3 Approbation du proces-verbal en vertu du paragraphe 68(1) 1.4 Question financiere en vertu de I'alinea 68(1)c) 1.5 Question financiere en vertu de I'alinea 68(1)c) 1.6 Question financiere en vertu de I'alinea 68(1)c) 1.7 Question personnelle en vertu de I'alinea 368(1)b) 1.8 Question juridique en vertu de I'alinea 68(1)f) 1.9 Question juridique en vertu de I'alinea 68(1)f) 1.10 Question financiere en vertu de I'alinea 68(1)c) 1.11 Question financiere en vertu de I'alinea 68(1)c) 1.12 Renseignements personnels en vertu de I'alinea 68(1)b) 1. Ouverture de la seance Seance ordinaire K 1.1 Reconnaissance des terres 1.2 Hymne national 2. Approbation du proces-verbal 2.1 Proces-verbal du 17 avril 2023 3. Adoption de I'ordre du jour 4. Divulgations de conflits d'interets 5. Questions soumises a I'approbation du conseil 5.1 Achat de tenue de feu pour lutter contre les incendies (recommendation clans le rapport) 5.2 Services d'experts-conseils — Evaluation de I'etat de preparation et analyse des besoins— Systeme de planification des ressources organisationnelles (PRO) — DP 2022-092205P (recommendation clans le rapport) 5.3 Sanction a I'argent en remplacement de terres a des fins publiques — 661, chemin Dever (recommendation clans le rapport) 5.4 Acquisition de servitudes a Candlewood Lane (recommendation clans le rapport) 5.5 Examen et strategie en matiere de technologies de ('information (TI) (recommendation du rapport) 5.6 Appel d'offres 2023-681001T— Phosphate pour le contr6le de la corrosion (recommendation clans le rapport) 5.7 Proposition de ringage et d'inspection video en utilisant la television en circuit ferme (recommendation clans le rapport) 6. Commentaires presentes par les membres 7. Proclamation 7.1 Mois de sensibilisation a la maladie de Lyme — Mai 2023 7.2 de la sensibilisation au melanome et au cancer de la peau — Mai 2023 8. Delegations et presentations 9. Audiences publiques K3 9.1 Projet de modification de I'article 59 avec le rapport du Comite consultatif d'urbanisme et la presentation du personnel — 55, rue McDonald 9.2 Projet de modification d'ordre administratif de I'arrete de zonage avec le rapport du Comite consultatif d'urbanisme et la presentation du personnel (11e et 2e lecture) 10. Etude des arretes municipaux 10.1 L'arrete concernant le reglement interieur du Conseil communal fait I'objet d'une motion d'un membre (3e lecture) 10.2 Arrete relatif a la fermeture des chemins, des rues ou des routes — Promenade Fieldstone (3e lecture) 11. Interventions des membres du conseil 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.1 Mise a jour de I'administrateur en chef sur certains projets catalyticlues et la defense des interets (verbale) 13. Rapports deposes par les comites 13.1 Commission des finances : Verification interne 14. Etude des sujets ecartes des questions soumises a I'approbation du Bureau 15. Correspondance generale 15.1 New Brunswick International Student Program — Demande de presentation (recommendation : Voir le greffier pour planifier la presentation) 16.Ordre du jour supplementaire 17. Comite plenier 17.1 Indemnisation de la province pour I'arret du sifflet de train 17.2 Prix de reconnaissance civiclue 18. levee de la seance CI COMMON COUNCIL / CONSEIL COMMUNAL April 17, 2023 / le 17 avril 2023 The City of Saint job n MINUTES — REGULAR MEETING COMMON COUNCIL OF THE CITY OF SAINT JOHN APRIL 17, 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: Mayor Donna Noade Reardon Deputy Mayor John MacKenzie Councillor -at -Large Gary Sullivan Councillor -at -Large Brent Harris Councillor Ward 1 Greg Norton Councillor Ward 1 Joanna Killen Councillor Ward 2 Barry Ogden Councillor Ward 3 Gerry Lowe Councillor Ward 3 David Hickey Councillor Ward 4 Greg Stewart Councillor Ward 4 Paula Radwan Also Present: Chief Administrative Officer (CAO) B. McGovern Commissioner Growth & Community Services J. Hamilton General Counsel M. Tompkins Chief Financial Officer Commissioner K. Fudge Commissioner Human Resources S. Hossack Fire Chief K. Clifford Commissioner Public Works & Transportation M. Hugenholtz Commissioner Utilities & Infrastructure Services I. Fogan Commissioner Growth & Community Services J Hamilton Director Legislative Services / City Clerk J. Taylor Administrative Assistant K. Tibbits Call to Order 61 COMMON COUNCIL / CONSEIL COMMUNAL April 17, 2023 / le 17 avril 2023 1.1 Land Acknowledgement Councillor Radwan 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 April 3, 2023 Moved by Deputy Mayor MacKenzie, seconded by Councillor Sullivan: RESOLVED that the minutes of April 3, 2023, be approved. MOTION CARRIED. 3. Approval of Agenda Moved by Deputy Mayor MacKenzie, seconded by Councillor Lowe: RESOLVED that the agenda of April 17, 2023, be approved with the addition of Items 17.1 Saint John Industrial — Catalytic Project — Update; 17.2 Proposed Sale of 450 Falls View Drive; and 17.3 Stopping Train Whistles Including at Two West Side Rail Crossings; and further that Item 8.1 NB Power Presentation be moved forward on the agenda. MOTION CARRIED. 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 RESOLVED that as recommended in the submitted report M&C 2023-95: Tender for Asphaltic Concrete Mixes Common Council award the seasonal tender for the supply of asphaltic concrete 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. 2 C.1 COMMON COUNCIL / CONSEIL COMMUNAL April 17, 2023 / le 17 avril 2023 5.2 RESOLVED that as recommended in the submitted report M&C 2023-94: Fire Station #1 (47 Leinster Street), #5 (Adelaide Street), & #7 (7 Manchester Avenue West) — Lighting Retrofit 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. 5.3 RESOLVED that as recommended in the submitted report M&C 2023-107: Rescheduling of May 29t" Council meeting, the Council meeting of Monday, May 29th, 2023, be cancelled and rescheduled to Tuesday, May 23rd, 2023. 5.4 RESOLVED that as recommended in a submitted report M&C 2023-96: Proposed Public Hearing Date: 693 Manawagonish Road, 26 Foley Court and 33 Birch Grove Terrace, Common Council schedule the public hearing for the Zoning Bylaw 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. 5.5 RESOLVED that the submitted report M&C 2023-104: 2023 Roadway Construction Projects be received for information. 5.6 RESOLVED that as recommended in the submitted report M&C 2023-85: Contract No. 2023-16 Asphalt Resurfacing 2023, the contract 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. 5.7 RESOLVED that as recommended in the submitted report M&C 2023-102: Renewal of Stormwind IT Training, 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. Moved by Deputy Mayor MacKenzie, seconded by Councillor Sullivan: 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 8. Delegations/Presentations 8.1 NB Power r� COMMON COUNCIL / CONSEIL COMMUNAL April 17, 2023 / le 17 avril 2023 Mr. A. Hayward, Director of Advance Reactor Development, NB Power, reviewed the submitted presentation "Advanced Small Modular Reactor Development" and responded to questions from Council. 9. Public Hearings - 6:30pm 9.1 Public Hearing for Street Closure for Portion of Fieldstone Drive O st and 2nd Reading) General Counsel M. Tompkins stated that this street closure is for a 231 square meter portion of Fieldstone Drive as requested by Simpco Development Ltd. If third reading is given, that portion of the street will be conveyed to the developer, as approved at a previous meeting of Council. The necessary advertising was completed with regard to the proposed bylaw amendment and all requirements of the Community Planning Act have been met. Mayor Noade Reardon called the Public Hearing to Order The Mayor called for members of the public to speak against the application with no one presenting. The Mayor called for members of the public to speak in favour of the application with Rick Turner of Hughes Surveys & Consultants presenting on behalf of the applicant, confirming agreement with the recommendations outlined in the report. Mayor Noade Reardon closed the public hearing. Moved by Councillor Hickey, seconded by Deputy Mayor MacKenzie: RESOLVED that the by-law entitled, "By -Law Number L.G. 4-1 A By -Law respecting the Closing of Roads, Streets or Highways in the City of Saint John" regarding a portion of Fieldstone Drive by adding thereto Section 8 immediately after Section 7 thereof, be read a first time. MOTION CARRIED. Read a first time by title, the by-law entitled "By -Law Number L.G. 4-1 A By -Law respecting the Closing of Roads, Streets or Highways in the City of Saint John." Moved by Councillor Ogden, seconded by Deputy Mayor MacKenzie: RESOLVED that the by-law entitled, "By -Law Number L.G. 4-1 A By -Law respecting the Closing of Roads, Streets or Highways in the City of Saint John" regarding a portion of Fieldstone Drive by adding thereto Section 8 immediately after Section 7 thereof, be read a second time. MOTION CARRIED. Read a second time by title, the by-law entitled "By -Law Number L.G. 4-1 A By -Law respecting the Closing of Roads, Streets or Highways in the City of Saint John." 10. Consideration of By-laws E:3 COMMON COUNCIL / CONSEIL COMMUNAL April 17, 2023 / le 17 avril 2023 10.1 Proposed Zonina BvLaw Amendment — 228 Lancaster Avenue (31d Readin Commissioner Hamilton stated that this application is for a rezoning of a property located at 228 Lancaster Avenue within the Fairville Regional Retail Centre. The rezoning would permit a warehousing facility within an existing building on the site. All requirements under the Community Planning Act have been met. Moved by Councillor Stewart, seconded by Councillor Lowe: RESOLVED that the by-law entitled, "By -Law Number C.P. 111-149 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. MOTION CARRIED. The by-law entitled, "By -Law Number C.P. 111-149 A Law to Amend the Zoning By -Law of The City of Saint John," was read in its entirety. Moved by Councillor Lowe, seconded by Councillor Hickey: RESOLVED that the by-law entitled, "By -Law Number C.P. 111-149 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 third time, enacted, and the Corporate Common Seal affixed thereto. MOTION CARRIED Read a third time by title, the by-law entitled, "By -Law Number C.P. 111-149 A Law to Amend the Zoning By -Law of The City of Saint John." 10.2 Proposed Zoning ByLaw Amendment with Section 59 Conditions — 92-94 Bon Accord Drive (31d Reading) Commissioner Hamilton stated that this application is for a rezoning with conditions for a property located at 92-94 Bon Accord Drive. The rezoning would permit the creation of two additional dwelling units in an existing two -unit dwelling. All applicable requirements under the Community Planning Act have been met. Moved by Deputy Mayor MacKenzie, seconded by Councillor Stewart: RESOLVED that the by-law entitled, "By -Law Number C.P. 111-148 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. MOTION CARRIED. The bylaw entitled, "By -Law Number C.P. 111-149 A Law to Amend the Zoning By -Law of The City of Saint John," was read in its entirety. COMMON COUNCIL / CONSEIL COMMUNAL April 17, 2023 / le 17 avril 2023 Moved by Councillor Sullivan, seconded by Councillor Stewart: RESOLVED that Common Council, pursuant to the provisions of Section 59 of the Community Planning Act, impose the following conditions on the parcel of land having an area of approximately 1,037.50 square metres, located at 92-94 Bon Accord Drive, also identified as PI 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. MOTION CARRIED. Moved by Councillor Radwan, seconded by Councillor Sullivan: RESOLVED that the by-law entitled, "By -Law Number C.P. 111-148 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 PI 00446310 from Two -Unit Residential (R2) to Low -Rise Residential (RL) be read a third time, enacted, and the Corporate Common Seal affixed thereto. MOTION CARRIED. Read a third time by title, the bylaw entitled, "By -Law Number C.P. 111-149 A Law to Amend the Zoning By -Law of The City of Saint John." 10.3 Flyer Distribution ByLaw (1 st and 2nd Reading) Consideration was given to the submitted report M&C 2023-103: Flyer Distribution By - Law. Commissioner Hugenholtz stated that this bylaw was developed to address some of the nuisances arising from flyer distribution. It includes provisions that forbid distributors from delivering flyers to a property if a "No Flyers" sign is posted and prohibits delivering flyers if there are already old flyers in the driveway. This would be in addition to the cancellation option offered by the distributor to opt out of flyer delivery. Fines range from $300 to $2100 per offense with an administrative penalty of $150 in lieu of prosecution in court. Moved by Councillor Hickey, seconded by Deputy Mayor MacKenzie: RESOLVED that the by-law entitled, "By -Law Number L.G.-20 A By -Law respecting Flyer Distribution in The City of Saint John," to place some restrictions on the distribution of flyers in the community, be read a first time. MOTION CARRIED. Read a first time by title, the by-law entitled, "By -Law Number L.G.-20 A By -Law respecting Flyer Distribution in The City of Saint John." ito] COMMON COUNCIL / CONSEIL COMMUNAL April 17, 2023 / le 17 avril 2023 Moved by Councillor Harris, seconded by Councillor Killen: RESOLVED that the by-law entitled, "By -Law Number L.G.-20 A By -Law respecting Flyer Distribution in The City of Saint John," to place some restrictions on the distribution of flyers in the community, be read a second time. MOTION CARRIED. Read a second time by title, the by-law entitled, "By -Law Number L.G.-20 A By -Law respecting Flyer Distribution in The City of Saint John." 10.4 Procedural ByLaw Amendment re: Motion by Member (1 st and 2nd Reading) General Counsel M. Tompkins stated that this amendment to the procedural bylaw would approve the Notice of Motion process outlined in a staff report presented at the meeting of February 21, 2023 which included a Notice of Motion template and best practices on submitting a motion. It is a two-step process where the Notice of Motion is placed on the agenda of Council and read into the record. The debate and voting on that motion would occur at a subsequent Council meeting to allow time for members to consider the motion during the two -week period before being asked to vote on it. It also incorporates a Notice of Motion template that helps direct councillors in the drafting of their motion and ensures that all necessary information is included to make an informed decision. Moved by Deputy Mayor MacKenzie, seconded by Councillor Hickey: RESOLVED that the by-law entitled, "By -Law Number L.G.-15 A Law to Amend a By -Law respecting the Procedures of the Common Council of the City of Saint John" repealing and replacing Sections 16.24, 16.26, 16.27 and16.28; and attaching Schedule D, be read a first time. MOTION CARRIED with Councillors Radwan and Harris voting nay. Councillor Radwan stated she is of the opinion that this creates unnecessary red tape. Read a first time by title, the by-law entitled, "By -Law Number L.G.-15 A Law to Amend a By -Law respecting the Procedures of the Common Council of the City of Saint John." Moved by Councillor Sullivan, seconded by Councillor Stewart: RESOLVED that the by-law entitled, "By -Law Number L.G.-15 A Law to Amend a By -Law respecting the Procedures of the Common Council of the City of Saint John" repealing and replacing Sections 16.24, 16.26, 16.27 and16.28; and attaching Schedule D, be read a second time. MOTION CARRIED with Councillors Radwan and Harris voting nay. Read a second time by title, the by-law entitled, "By -Law Number L.G.-15 A Law to Amend a By -Law respecting the Procedures of the Common Council of the City of Saint John." 11. Submissions by Council Members 12. Business Matters — Municipal Officers 13. Committee Reports 11 COMMON COUNCIL / CONSEIL COMMUNAL April 17, 2023 / le 17 avril 2023 13.1 Finance Committee: 2023 General Fund and Utility Fund Capital Budget Update Moved by Councillor Sullivan, seconded by Councillor Hickey: RESOLVED that as recommended by the Finance Committee in the submitted report M&C 2023-98: 2023 General Fund and Utility Fund Capital Budget Update Common Council approve the following recommendations: • 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. • 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) • 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) MOTION CARRIED. 14. Consideration of Issues Separate 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) Moved by Deputy Mayor MacKenzie, seconded by Councillor Stewart: RESOLVED that the letter received from the SJ Community Arts Board: Spring Summer Arts Funding 2023 be directed to the Commissioner of Finance to issue cheques to Grant Recipients; and the letter be received for information. MOTION CARRIED. 15.2 YMCA of Greater Saint John: 31d Annual YMCA Red Triangle Awards - Ticket Purchase Request (Recommendation: Refer to Clerk to purchase tickets for interested members of Council) Moved by Deputy Mayor MacKenzie, seconded by Councillor Radwan: RESOLVED that the 3RD Annual YMCA Red Triangle Awards Ticket Purchase Request be referred to the Clerk to purchase tickets for interested members of Council. MOTION CARRIED. 15.3 Operation Feed — Saint John: Request to Present to Council (Recommendation: Refer to Clerk to schedule presentation) Moved by Councillor Killen, seconded by Councillor Hickey: 12 COMMON COUNCIL / CONSEIL COMMUNAL April 17, 2023 / le 17 avril 2023 RESOLVED that the Operation Feed — Saint John presentation be referred to the Clerk to schedule the presentation. MOTION CARRIED. 15.4 Saint John Ability Advisory Committee — Request to Present — Annual Update (Recommendation: Refer to Clerk to schedule presentation) Moved by Councillor Killen, seconded by Deputy Mayor MacKenzie: RESOLVED that the Saint John Ability Advisory Committee request to present be referred to the Clerk to schedule the presentation. MOTION CARRIED. 16. Supplemental Agenda 17. Committee of the Whole 17.1 Saint John Industrial — Catalytic Project — Update Moved by Councillor Lowe, seconded by Councillor Ogden: RESOLVED that as recommended by the Committee of the Whole, having met on April 17, 2023, 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". MOTION CARRIED. 17.2 Proaosed Sale of 450 Falls View Drive Moved by Councillor Sullivan, seconded by Councillor Stewart: RESOLVED that as recommended by the Committee of the Whole, having met on April 17, 2023, 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. MOTION CARRIED with Councillors Radwan and Lowe voting nay. Councillor Radwan noted that she does not agree with the process taken on this file, nor does she support the sale of prime waterfront property. 17.3 Stoppina Train Whistles Includina at Two West Side Rail Crossinas Moved by Councillor Norton, seconded by Councillor Lowe: RESOLVED that as recommended by the Committee of the Whole, having met on April 17, 2023, Common Council approve the following: 13 COMMON COUNCIL / CONSEIL COMMUNAL April 17, 2023 / le 17 avril 2023 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 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. MOTION CARRIED with Councillor Harris voting nay. 18. Adjournment Moved by Councillor Lowe, seconded by Councillor Ogden: RESOLVED that the meeting of Common Council held on April 17, 2023, be adjourned. MOTION CARRIED. The Mayor declared the meeting adjourned at 7:10 p.m. 10 City Clerk 14 �p 111 J1 JUh1 1 COMMON COUNCIL REPORT M&C No. 2023-108 Report Date April 24, 2023 Meeting Date May 01, 2023 Service Area Fire and Emergency Management Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT. Purchase of Firefighting Bunker Gear AUTHORIZATION Primary Author Commissioner/Dept. Head Chief Administrative Officer Chris Roberts Leah Robichaud Kevin Clifford J. Brent McGovern RECOMMENDATION It is recommended that Common Council authorize the Saint John Fire Department to purchase thirty sets (jacket & pants) of Starfield Lion firefighting bunker gear from Safety Source Fire Inc. EXECUTIVE SUMMARY The City of Saint John Fire Department requires the purchase of thirty sets of bunker gear to meet its operational needs. National Fire Protection Association (NFPA) 1971 specifies that all bunker gear have a maximum life cycle of ten years provided it does not become irreparable or contaminated prior to that mark. All SJFD personnel are issued one set of bunker gear as part of the staff's Personal Protective Equipment. Bunker gear is worn at all incidents and is the most universal frontline exposure protectant piece of equipment staff use daily. The intent is to purchase up to 30 sets per year which allows for timely replacement of gear while maintaining adequate inventory to supply spare gear for when issued gear is being laundered or repaired. Bunker gear must be laundered after each exposure to toxic smoke or other contaminants to reduce negative health effects on firefighters. PREVIOUS RESOLUTION August 20, 2018 That as recommended by the City Manager in the submitted report M&C 2018- 233: Proposed Purchase of Bunker Gear for Saint John Fire Department, Common Council authorize the Saint John Fire Department to purchase one hundred twenty sets (jackets & pants) of Starfield Lion Turnout Gear from Mic Mac Fire and Safety Source Ltd. at a cost of $281,340 plus HST over a four-year period. 15 -z- REPORT The City of Saint John Fire Department requires the purchase of thirty sets of bunker gear to meet its operational needs. The Saint John Fire Department requires the use of Bunker Gear to meet safety standards set forth by Occupational Health and Safety Act, Regulation 91-191 to provide effective, safe service. National Fire Protection Association (NFPA) 1971 specifies that all bunker gear have a maximum life cycle of ten years provided it does not become irreparable or contaminated prior to that expiry date. New hygiene practices require that bunker gear is laundered after each exposure to toxic smoke or other contaminants to reduce firefighter's exposure to potentially cancer -causing compounds. The increased laundering of gear can reduce the useful life of gear to less than 10 years. All SJFD personnel are issued one set of bunker gear as part of the staff's personal protective equipment. Bunker Gear is worn at all incidents and is the primary exposure protectant piece of equipment staff use daily. The purchase of up to 30 sets per year allows for the timely replacement of gear while maintaining adequate inventory to supply spare gear for instances where the issued gear is being laundered or repaired. Spare gear is held at #5 station for employees to use when their issued gear is contaminated. The current spare gear inventory is comprised of gear that has 2- 3 years of life cycle remaining. Typically, 25- 30 sets of spare gear would be used after a large fire to ensure proper cleaning of gear. As such adequate inventory is required to maintain operations. In 2018 the Saint John Fire Department entered into a contract with Safety Source Fire Inc. for the purchase of one hundred and twenty sets of gear over four years. The department completed this contract in 2021 and did not purchase any sets of gear in 2022. As no gear was purchased in 2022, much of the gear being replaced will time-out and not be used as spare gear. This gap makes the purchase of 30 sets in 2023 necessary to keep inventory levels at an adequate level. At the end of the contract with Safety Source Fire Inc, the bunker gear specification was reviewed by a union/management committee to slightly adjust the specifications and ensure it was meeting the operational needs of the firefighters. With the assistance of procurement, a new spec was developed and sent out to vendors for quotes. Safety Source met or exceeded the specification requirements and was the lowest bidder. -3- STRATEGIC ALIGNMENT Belong — enhancing the quality of life and social well-being in a safe place to live. PlanSJ- Policy MS-56 — "Provide police, fire, and emergency management services to residents and businesses in the City, as required to meet community needs, with particular emphasis on the risks involved with managing large scale industrial emergencies." SERVICE AND FINANCIAL OUTCOMES The Saint John Fire Department requires the use of Bunker Gear to meet safety standards set forth by Occupational Health and Safety Act, Regulation 91-191 to provide effective, safe service. The last RFP for bunker gear was done in 2018, Safety Source Fire Inc. was successful, and it included approval for the purchase of one hundred and twenty sets of gear over four years. The department completed this purchase in 2021 and did not purchase any sets of gear in 2022. The cost for an individual set of gear has increased significantly since the previous contract. The current quoted price is over $1100 more per set, or over 30% increase. Due to this, the 2023 operating budget will require internal adjustment within the goods and services envelope. The total cost for thirty (30) sets of gear, if purchased within 90 days of the closing of the RFP, is $107,490. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Supply Chain Management facilitated the Request for Proposal (RFP) process to solicit proposals for the replacement of Turnout Gear. As such, the RFP closed on Wednesday, March 8, 2023 with the following two (2) proponents responding by submitting proposals: Safety Source Fire Inc. Fredericton, NB Cumings Fire & Safety Equipment Ltd. Hebbville, NS A review committee, consisting of staff from the Saint John Fire Department and Supply Chain Management reviewed the submissions for completeness and compliance with the RFP requirements and selection criteria consisting of the following: 1. Quality and Completeness 2. Proponent's Experience 3. Specifications 4. Delivery 5. Cost Following the evaluation of the technical proposals, the financial proposals were 17 -4- opened and evaluated. The financial scores were then added to the technical scores. As a result, the proposal submitted by Safety Source Fire Inc. was ranked the highest as it received the highest overall score. Additionally, it represents the lowest cost to the Saint John Fire Department. The above process is in accordance with the City's Procurement Policy and Supply Chain Management support the recommendation being put forth. ATTACHMENTS N/A iF:3 COMMON COUNCIL REPORT M&C No. 2023-110 Report Date April 24, 2023 Meeting Date May 01, 2023 Service Area Strategic Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT. Consulting Services - Readiness Assessment and Requirements Analysis - Enterprise Resource Planning (ERP) System — RFP 2022- 092205P AUTHORIZATION Primary Author Commissioner/Dept. Head Chief Administrative Officer S. Rackley-Roach Kevin Fudge J. Brent McGovern RECOMMENDATION It is recommended that the proposal submitted by BDO Canada LLP for RFP 2022- 092205P to provide professional consulting services required to complete a Readiness Assessment and Requirements Analysis - Enterprise Resource Planning (ERP) System in the amount of $98,750 plus HST be accepted and that the Mayor and City Clerk be authorized to execute documentation in that regard. EXECUTIVE SUMMARY Enterprise resource planning (ERP) refers to a type of software that organizations use to manage day-to-day business activities such as accounting, procurement, inventory management, human resources, and project management, as well as support service delivery. The integration of these activities through a common database ensures an organization has the data required for the analysis to streamline business processes, improve service delivery, meet compliance requirements, manage risk, and make decisions. The core applications within the City's current ERP were implemented in 1998, with additional functionality added in the early 2000s. This fully integrated system has served the City well over the last 20 plus years. With advancements in technology, a focus on performance management and continuous improvement, and expectations related to connecting with our customers (i.e., response and data), there is a need to modernize the City's ERP. A phased approach is proposed to complete the work to implement a new ERP. The three (3) phases include 1) readiness assessment and requirements analysis, 2) ERP selection process, and 3) implementation. 11111061 -2- A Request for Proposals (RFP) issued for consulting services closed on September 22, 2022 for the first phase of the ERP renewal, Readiness Assessment and Requirements Analysis. The Supply Chain Management Team guided an evaluation team through the procurement process, evaluating both technical and financial requirements. The evaluation team completed its due diligence in selecting a Proponent that would provide consulting services that would ensure long-term success in this important investment into a new ERP, including interviews with shortlisted Proponents and their references. Based on the extensive evaluation process, BDO Canada LLP was selected as the successful Proponent. The engagement to complete the readiness assessment and requirements analysis for the ERP is expected to take six (6) months, with a start date expected in September 2023 to ensure the City has the resources available to support the scope of work outlined in the RFP. The total cost is $98,750 plus HST. In 2021, $2.33 Million was approved in the General Fund Capital Budget for the ERP renewal and will cover this first phase of the project. PREVIOUS RESOLUTION N/A REPORT Enterprise resource planning (ERP) is a type of software system that helps organizations automate and manage core business processes for optimal performance. ERP systems tie together many business processes and enable the flow of data between them. By collecting an organization's shared transactional data from multiple sources, ERP systems eliminate data duplication and provide data integrity with a single source of truth. With data you can streamline processes, report on performance, meet compliance requirements, assess risk, and make evidence -based decisions. The City of Saint John started the implementation of its current ERP system in 1998. The primary benefit of the current system is the integration among many applications, supporting internal City functions from finance to human resources, workorders to procurement, as well as public facing services. The current ERP system supports all City operations as well as several of its agencies, boards, and commissions including Police, Transit, and Pension. While the current ERP has served the City well for more than 20 years, a modernized solution is required to meet the demands of new technology, for example, to complete integrations and take advantage of new opportunities such as new tools in data analytics. Several of the ERP applications implemented in the K91 -3- early 2000s have been replaced with stand-alone solutions to meet evolving service needs. The current ERP is running on an operating system that presents challenges with new hardware and the City's current technology environment. Replacement of the system is overdue, and the proposed solution will set the City on the right course for meeting the existing and future needs of a growing and vibrant community. The goal is to implement a system that will create efficiencies to ensure more resources can be dedicated to core business activities and service delivery; enhance internal controls; manage risk; move the City closer to a paperless environment; and improve the customer service experience. Implementation of a new system must ensure the City maintains or enhances its security posture. Timely replacement of the ERP system will ensure the City is not in a position where the current system becomes non-functioning or puts the organization at risk. The implementation of a new ERP for the City will be transformational with respect to how we deliver services; impacting all employees and the interests and needs of the public. Examples of poorly implemented ERP systems are well documented. Lessons learned from implementing ERP systems highlight several key success factors including management support, a clear scope of work and a plan to deliver intended results, appropriate resourcing (people, time, budget), change and expectation management, a focus on outcomes and continuous improvement, testing, and training. Implementing a new ERP is a resource intensive process including labour, time, and funding. With a focus on successfully achieving planned outcomes, the work will be completed in three phases over the next three to four years with oversight by a steering committee and project management carried out by a dedicated resource. The phases include: 1. Readiness Assessment and Requirements Analysis (Projected Timeline 2023-2024) 2. Request for Proposal (RFP) Development, Vendor Evaluation, and Selection (Projected Timeline 2024) 3. Implementation Project Management and Change Leadership (Projected Timeline 2024-2026) The RFP for consulting services for the first phase of the ERP project was issued on August 5, 2022. Specific deliverables outlined in the RFP included recommending work the City should undertake to prepare to implement a new ERP; identifying any data migration requirements; assessing the City's readiness to move to a new 21 -4- ERP including opportunities and challenges that should be addressed in a future solution; documenting engagement with key stakeholders on business, functional, and technical requirements, areas of improvement, and integration with stand- alone applications; and recommending business, functional, and technical requirements to ensure the City invests in a secure and streamlined solution that meets the needs of the City and the public. STRATEGIC ALIGNMENT The implementation of a new ERP aligns with Council's Priority of Perform. A robust ERP ties together many business processes and enables the flow of data that will support performance management, continuous improvement, and evidence -based decision -making. Within Saint John's 10-Year Strategic plan 2023-2033 under the goal of Accountable, an action has been identified to procure and implement a modern enterprise resource planning (ERP) system to integrate business processes and transform decision making. Supporting the objective of delivering excellence in financial stewardship, the consulting services to complete a Readiness Assessment and Requirements Analysis is the first phase in this important project. SERVICEAND FINANCIAL OUTCOMES The cost proposed by BDO is $98,750 plus HST for the entire scope of work outlined in the City's RFP for Consulting Services — Readiness Assessment and Requirements Analysis - Enterprise Resource Planning (ERP) System — 2022- 092205P. The funds for this work have been allocated in the approved 2021 General Fund Capital Budget of $2.33 Million to cover the cost of this phase of implementing a new ERP system. The engagement is expected to take six (6) months. The project is expected to start no later than September 1, 2023. Success of this engagement will require City resources to be available for information gathering and supporting the successful Proponent's analysis of readiness and ERP requirements. An earlier start date with flexibility through prime vacation months in the summer and coordination with other priority projects on the City's workplan will be considered when setting the schedule for this phase of the ERP project. WA -5- INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Supply Chain Management facilitated the Request for Proposal (RFP) process to solicit proposals for Consulting Services - Readiness Assessment and Requirements Analysis - Enterprise Resource Planning (ERP) System. As such the RFP closed on Thursday, September 22, 2022 with the following companies responding by submitting proposals: • Avero Advisors • BDO Canada LLP • BerryDunn • Blue Sky Consulting Inc. • GEMTEC Consulting Engineers and Scientists Limited • KPMG LLP • Mariners Partners Inc. • MNP Digital • Pro -Insight Consulting Inc. An evaluation committee, consisting of staff from Supply Chain Management, Corporate Performance, Finance, Human Resources, and Information Technology reviewed the submissions for completeness and compliance with the RFP requirements and selection criteria consisting of the following: 1. Quality and Completeness 2. Approach 3. Experience and Expertise of Proponent 4. Financial Proposal The proposal submitted by BDO Canada LLP was ranked highest by the evaluation committee and met all the requirements set forth in the RFP. The above process is in accordance with the City's Procurement Policy and Supply Chain Management supports the recommendation being put forth. ATTACHMENTS None. W COUNCIL REPORT M&C No. 2023-113 Report Date April 13, 2023 Meeting Date May 01, 2023 Service Area Growth and Community Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT. Assent to Money -in -lieu of Land for Public Purposes, 661 Dever Road OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Yeva Mattson Jacqueline Hamilton J. Brent McGovern RECOMMENDATION That Common Council assent to money -in -lieu of Land for Public Purposes for the proposed Subdivision at 661 Dever Road. EXECUTIVE SUMMARY The proponent has applied to subdivide the site at 661 Dever Road to create a new lot for a proposed residential development. Assent to the Money -in -lieu of Land for Public Purposes by Common Council is recommended by Staff. DECISION HISTORY At its regular meeting held on February 6, 2023, Common Council amended the Section 59 conditions on the property at 661 Dever Road to facilitate a residential development on the western portion of the site and to permit additional commercial land uses. The proposed residential development will include 54 units in four multi -unit buildings, with the existing commercial building remaining on the eastern portion of the site. REPORT The site is located on the City's westside, north of the Greendale neighbourhood. The subdivision will create an additional lot where the multi -unit residential buildings will be located. The City of Saint John typically takes money -in -lieu of Land for Public Purposes, as opposed to land dedication for the creation of new lots, unless the land acquisition would support specific projects outlined in PlaySJ and the development of identified active transportation corridors. In this case, Staff recommends the acceptance of money -in -lieu of Land for Public Purposes. -2- STRATEGIC ALIGNMENT The proposed development aligns with Common Council's priority of Grow and Belong. SERVICEAND FINANCIAL OUTCOMES Money -in -Lieu requirements are calculated based on the assessed value of the land prior to its development. The funds collected are placed in a trust account in accordance with the Community Planning Act. These funds are dispersed through a grant program that supports the enhancement of existing parks and recreation services. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The current subdivision proposal has been reviewed by the City's Infrastructure Development and Building Inspection Service Areas. No concerns were raised related to the proposed subdivision. The City's Parks and Public Spaces Service Area concurs with the acceptance of money -in -lieu. ATTACHMENTS Tentative Plan of Subdivision i►R COMMON COUNCIL REPORT M&C No. 2023-111 Report Date April 25, 2023 Meeting Date May 01, 2023 Service Area General Counsel Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT: Acquisition of Easements at Candlewood Lane AUTHORIZATION Primary Author Commissioner/Dept. Head Chief Administrative Officer Curtis Langille & Jacqueline Boucher Melanie Tompkins J. Brent McGovern RECOMMENDATION 1. That the City enter into an Agreement of Purchase and Sale generally in the form as attached to M&C 2023-111 with a) Property Maintenance Ltd. (x2); b) Changsong Lu; c) Constance Beth Ritchie; d) Keith MacCollum and Meredith MacCollum; e) Stuart Alan Ball; f) Leslie Estabrooks and Ralph Estabrooks; g) Tracey Katherine Harkins; and h) Mary Isabelle Chenard , for the purpose of acquiring municipal services easement under and along properties located at Candlewood Lane and that the Mayor and Clerk be authorized to sign the said Agreements of Purchase and Sale and any other documents necessary to effect the transaction. 2. That the City enter into an Agreement generally in the form as attached to M&C 2023-111 with Property Maintenance Ltd. for the purpose granting the City a construction easement to install new catchbasins and outline the ongoing responsibilities for maintenance of the catchbasins post - construction, and that the Mayor and Clerk be authorized to execute the said Agreement and any other document necessary to effect the transaction. EXECUTIVE SUMMARY The City of Saint John plans to upgrade and upsize existing sections of storm sewer outside of the street right-of-way in the Candlewood Lane area, as well as install a new section of storm sewer within the street right-of-way on Candlewood Lane. In addition, existing manholes and catch basins will be renewed within the proposed construction area. This work is being done to minimize the amount of storm water entering the sanitary sewers on Candlewood Lane and University Avenue which is expected to lessen local flooding. WA -2- In total, this report contains ten (10) legal agreements from eight (8) different property owners for the acquisition of easements to allow for the above noted work to proceed. These easements are located solely within parking spaces that are individually owned by adjoining property owners, as well as lands owned by a corporation, which is responsible for the ongoing maintenance of the surrounding "common" green space property. This proposed storm and sanitary sewer separation project is one of the inflow and infiltration reduction projects in the Millidgeville area, approved in the 2020 General Fund Capital Program. Staff corresponded and met with the owners of the subject properties to discuss the City's need for the easements. These discussions resulted in the attached agreements to convey easements to the City of Saint John, as outlined in this report. The purpose of this report is to seek authority for the City to acquire the subject easements. PREVIOUS RESOLUTION At its meeting held August 19, 2019, Council resolved to approve the 2020 and 2021 General Fund Capital Budget. REPORT At the request of Utilities and Infrastructure, Real Estate Services commenced discussions with eight landowners, located off Candlewood Lane to negotiate the terms of acquisition of easements under and along the "common" lands and individually owned parking spaces in this area. The City plans to upgrade and upsize existing sections of storm sewer outside of the street right-of-way in the Candlewood Lane area, as well as install a new section of storm sewer within the street right-of-way on Candlewood Lane. In addition, existing manholes and catch basins will be renewed within the proposed construction area. This work is being done to minimize the amount of storm water entering the sanitary sewers on Candlewood Lane and University Avenue which is expected to lessen local flooding. Reinstatement of asphalt, curb, sidewalk, topsoil and sod will be completed as part of this project. The City will reinstate properties affected by the construction to existing or better condition. Where larger trees and/or bushes need to be removed and reinstated, the replacements will be smaller due to the limited size for viable transplants. The easements with the individual landowners will provide the City with clear authority to enter onto the lands, construct and maintain the infrastructure now and in the future. The Agreement with Property Maintenance Limited allows the City a limited authority to enter onto their lands to construct the catchbasins and 4.11 -3- then clearly allocates the responsibility for on -going maintenance of those catchbasins to Property Maintenance Limited. The easements are being acquired for $1.00 with the City being responsible for contributing up to $750 for the vendor's legal fees and paying for registration and filing fees with Service New Brunswick. The City will also be responsible for any plans of survey required to effect the easement conveyances and reinstatement of properties once construction is completed. STRATEGIC ALIGNMENT This report aligns with Council's priorities of Grow and Perform. SERVICEAND FINANCIAL OUTCOMES The acquisition of these easements and the ability to separate storm water sewer from sanitary sewerage will reduce the demand on the downstream lift station(s) and the Millidgeville Wastewater Treatment Facility. Separating the storm sewer from the sanitary sewer (in the subject area) also creates downstream capacity in the sanitary sewerage lines (which could be used to support future development). This project forms part of the approved 2020 General Fund Capital Program including funding for inflow and infiltration reduction projects in the Millidgeville area. Candlewood Lane - Sewer Separation is one of these projects. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Utilities and Infrastructure requested that Real Estate Services acquire the easements as detailed in this report to enable the installation of new storm sewer lines and associated work in the Candlewood Lane area. GCO drafted the Agreements of Purchase and Sale. ATTACHMENTS 1. Location Map; and 2. Nine (9) Agreements of Purchase and Sale; and 3. Indenture with Property Maintenance Ltd. Wel AGREEMENT OF PURCHASE AND SALE The Purchaser agrees to purchase from the Vendor and the Vendor agrees to sell to the Purchaser a municipal services easement/easement for municipal services in and through the Vendor's land PID No. 00426411 as hereinafter set out upon the following terms and conditions: Vendor: PROPERTY MAINTENANCE LTD. c/o 60 Candlewood Lane Saint John, NB E2K 1Z4 Attention: Denise Ainsworth Purchaser: THE CITY OF SAINT JOHN P.O. Box 1971 15 Market Square Saint John, NB E21- 41-1 Attention: City Clerk Premises: Easement in and through of Common Land, also identified as PID No. 00426411, comprising of an approximate area of 97.27 square meters as shown on the drawing attached hereto as Schedule "A" titled "CANDLEWOOD LANE SEWER SEPARATION" Drawing SK-1 Property Easement Sketch PID 00426411 (the "Real Property"). Purchase Price: $1.00 plus HST if applicable Closing Date: On or before April 28, 2023. 1. The Purchaser shall acquire from the Vendor an easement and rights at the cost, risk and expense of the Purchaser, by its officers, servants, agents, contractors and workers, to enter the Real Property, at all times and from time to time with machinery, materials, vehicles and equipment and to construct, alter, maintain, inspect and repair underground pipelines, storm sewers, sanitary sewers or any like municipal works including all related works appurtenant thereto, together with the right by action or otherwise at any time to enjoin the Vendor, including the heirs, executor, administrators, successors and assigns of such Vendor from erecting or locating on the Real Property any building, structure or other obstacle which could impair the free and full use of the easement or permitting the erection or location thereon of any such building, structure or other obstacle; provided that upon completion of the initial installation of municipal works the Purchaser shall re -instate any portions of the Real Property disturbed by work or excavation to the same or better condition existing prior to the installation of municipal works. 1 31 2. The Purchaser, by its officers, servants, agents, contractors, and workers, has permission from the Vendor to enter upon the Real Property as soon as possible to do the work before the Easement is signed and registered. The Purchaser shall give the Vendor 24 hours prior notice before the initial entry upon the Real Property. 3. The Purchaser may examine the title to the Real Property at its own expense within thirty (30) days following the Purchaser's acceptance of this offer. If within that time any valid objection to the title to the Real Property is made in writing by the Purchaser to the Vendor which the Vendor shall be unable or unwilling to remove within twenty (20) days of notification of such objection or objections and which the Purchaser will not waive, this agreement shall, notwithstanding any intermediate acts or negotiations in respect of such objections, be null and void and the Vendor shall not be liable for any costs or damages. Save as to any valid objection so made within such time, the Purchaser shall be conclusively deemed to have accepted the title of the Vendor to the Real Property. 4. In the event that the Vendor's title is encumbered, the determination that any encumbrance exists is in the sole and absolute discretion of the Purchaser, the Vendor shall obtain from each encumbrance a Postponement, in registerable form, of such encumbrance to the Purchaser's easement provided, that the Purchaser shall reimburse the Vendor for all administration (including appraisal) fees required by each encumbrancer to give the Postponement. 5. (i) The Purchaser shall prepare at its cost any Plan of Survey required to effect the conveyance herein contemplated; and (ii) The Purchaser shall reimburse the Vendor up to $750.00 plus HST for legal fees expended by the Vendor to finalize this conveyance; and (iii) The Purchaser shall pay for registration & filing fees at Service New Brunswick, if applicable, for the plan, Easement and the Postponement. 6. The Purchaser will have vacant possession of the Real Property on Closing. 7. This offer shall be irrevocable by the Vendor until 12:00 p.m. local time on January 19, 2023 and upon acceptance by the Purchaser shall constitute an Agreement of Purchase and Sale binding upon the parties hereto. 8. This offer when accepted shall be read with all changes of gender or number required by the context shall be binding upon the parties hereto, their respective heirs, executors, administrators, and assigns, and time shall in all respects be of the essence hereof. 2 MA I WITNESS THEREOF the Vendor has caused these presents to be executed this day of 202j. PROPERTY MAINTENANCE LTD. Per: Name: bu k t4- ��, h LJ-t r-t- Title: ",-Z)i r e eIt- AND the Purchaser has caused these presents to be executed this day of , 2023. THE CITY OF SAINT 1OHN Per: Name: Donna Noade Reardon Title: Mayor Per: Name: Jonathan Taylor Title: City Clerk Common Council Resolution Date: -- 12023 :3 091 SCHEDULE "A" DRAWING TITLED "CANDLEWOOD LANE SEWER SEPARATION" Q ,t EASE))E%T =5A Lire r ^� a - i C •d2-+' 1 . W rF r ps '1 4.0 8.0 2.0 16.0 13 Dr, 1 2rO 0 I • C; :.'• `rah{ E:G.EwE&T AFOR.-XIV)AlE AEA S.I Jlff + 11 96r rp !� � PA PA 1 27. A?m r C 4 C E.G I! _ '2.0 l(1.0 20.:?r- 1 2CO a ISSJE:1Fv�*�EYI_Tt•. '. F3;Z-1,!v, i•OE SS„ �FC57Etede -'L1= '[� �_•e�e:_n 'to Yam= eac^ ale 7e_c e7�c^ 2021-0&29 1 20D THM CA NOLE'.v000 "HE fr� � SEWER SEPARATION s SK�1 PROPERTY EASEMENT SKETCH P'D IF W4264u crr- , r SAWi x"s AGREEMENT OF PURCHASE AND SALE The Purchaser agrees to purchase from the Vendor and the Vendor agrees to sell to the Purchaser a municipal services easement/easement for municipal services in and through the Vendor's land PID No. 00426411 as hereinafter set out upon the following terms and conditions: Vendor: PROPERTY MAINTENANCE LTD. c/o 60 Candiewood Lane Saint John, NB E2K 124 Attention: Denise Ainsworth Purchaser: THE CITY OF SAINT JOHN P.O. Box 1971 15 Market Square Saint John, NB E21- 41 Attention: City Clerk Premises: Easement in and through of Common Land, also identified as PID No_ 00426411, comprising of an approximate area of 254.26 square meters as shown on the drawing attached hereto as Schedule "A" titled "CANDLEWOOD LANE SEWER SEPARATION" Drawing SK-9 Property Easement Sketch PID 00426411 (the "Real Property"). Purchase Price: $1.00 plus HST if applicable Closing Date: On or before April 28, 2023. 1. The Purchaser shall acquire from the Vendor an easement and rights at the cost, risk and expense of the Purchaser, by its officers, servants, agents, contractors and workers, to enter the Real Property, at all times and from time to time with machinery, materials, vehicles and equipment and to construct, alter, maintain, inspect and repair underground pipelines, storm sewers, sanitary sewers or any like municipal works including all related works appurtenant thereto, together with the right by action or otherwise at any time to enjoin the Vendor, including the heirs, executor, administrators, successors and assigns of such Vendor from erecting or locating on the Real Property any building, structure or other obstacle which could impair the free and full use of the easement or permitting the erection or location thereon of any such building, structure or other obstacle; provided that upon completion of the initial installation of municipal works the Purchaser shall re -instate any portions of the Real Property disturbed by work or excavation to the same or better condition existing prior to the installation of municipal works. 1 W 2. The Purchaser, by its officers, servants, agents, contractors, and workers, has permission from the Vendor to enter upon the Real Property as soon as possible to do the work before the Easement is signed and registered. The Purchaser shall give the Vendor 24 hours prior notice before the initial entry upon the Real Property. 3. The Purchaser may examine the title to the Real Property at its own expense within thirty (30) days following the Purchaser's acceptance of this offer. If within that time any valid objection to the title to the Real Property is made in writing by the Purchaser to the Vendor which the Vendor shall be unable or unwilling to remove within twenty (20) days of notification of such objection or objections and which the Purchaser will not waive, this agreement shall, notwithstanding any intermediate acts or negotiations in respect of such objections, be null and void and the Vendor shall not be liable for any costs or damages. Save as to any valid objection so made within such time, the Purchaser shall be conclusively deemed to have accepted the title of the Vendor to the Real Property. 4. In the event that the Vendor's title is encumbered, the determination that any encumbrance exists is in the sole and absolute discretion of the Purchaser, the Vendor shall obtain from each encumbrance a Postponement, in registerable form, of such encumbrance to the Purchaser's easement provided, that the Purchaser shall reimburse the Vendor for all administration (including appraisal) fees required by each encumbrancer to give the Postponement. 5. (i) The Purchaser shall prepare at its cost any Plan of Survey required to effect the conveyance herein contemplated; and (ii) The Purchaser shall reimburse the Vendor up to $750.00 plus HST for legal fees expended by the Vendor to finalize this conveyance; and (iii) The Purchaser shall pay for registration & filing fees at Service New Brunswick, if applicable, for the plan, Easement and the Postponement. 6. The Purchaser will have vacant possession of the Real Property on Closing. 7. This offer shall be irrevocable by the Vendor until 12:00 p.m. local time on January 19, 2023 and upon acceptance by the Purchaser shall constitute an Agreement of Purchase and Sale binding upon the parties hereto. 8. This offer when accepted shall be read with all changes of gender or number required by the context shall be binding upon the parties hereto, their respective heirs, executors, administrators, and assigns, and time shall in all respects be of the essence hereof. 2 01-1 rWHER EOF the Vendor has caused these presents to be executed this day of , 2022. PROPERTY MAINTENANCE LTD. Per: r• ✓� Name: L..&k rex- Vc M WK r` " Title t to +� AND the Purchaser has caused these presents to be executed this , day of , 2023. THE CITY OF SAINT JOHN Per: Name: Donna Noade Reardon Title: Mayor Per: Name: Jonathan Taylor Title: City Clerk Common Council Resolution Date: .2023 3 Kul SCHEDULE "A" DRAWING TITLED "CANDLEWOOD LANE SEWER SEPARATION" D.UmEqT AD -14. xlkum %(MA 3 EA,-EmEff J63' 'F, XIVATE AREA -T =71 4pr2 C, 042 042 I f Ca r C 4/.'4 1 rC42(..4 I' F L 5 s j 4 t1l: 1 :20C 4n PEG I :-a- 2021-06-29 1 2w THM CANDLEWOM LANE SEWER SEPARATION PROPERTY EASEMENT SKETCH Crr, Or SANT XH% PD#OU2"11 SK-9 M-11 AGREEMENT OF PURCHASE AND SALE The Purchaser agrees to purchase from the Vendor and the Vendor agrees to sell to the Purchaser a municipal services easement/easement for municipal services in and through the Vendor's land PID No. 55069835 as hereinafter set out upon the following terms and conditions: Vendor: CHANGSONG LU 22 Windsor Manor Saint John, NB E2K OC3 Purchaser: THE CITY OF SAINT JOHN P.O. Box 1971 15 Market Square Saint John, NB E21- 41-1 Attention: City Clerk Premises: Easement in and through of Common Land, also identified as PID No. 55069835, comprising of an approximate area of 13.61 square meters as shown on the drawing attached hereto as Schedule "A" titled "CANDLEWOOD LANE SEWER SEPARATION" Drawing SK-16 Property Easement Sketch PID 55069835 (the "Real Property"). Purchase Price: $1.00 plus MST if applicable Closing Date: On or before April 28, 2023. 1. The Purchaser shall acquire from the Vendor an easement and rights at the cost, risk and expense of the Purchaser, by its officers, servants, agents, contractors and workers, to enter the Real Property, at all times and from time to time with machinery, materials, vehicles and equipment and to construct, alter, maintain, inspect and repair underground pipelines, storm sewers, sanitary sewers or any like municipal works including all related works appurtenant thereto, together with the right by action or otherwise at any time to enjoin the Vendor, including the heirs, executor, administrators, successors and assigns of such Vendor from erecting or locating on the Real Property any building, structure or other obstacle which could impair the free and full use of the easement or permitting the erection or location thereon of any such building, structure or other obstacle; provided that upon completion of the initial installation of municipal works the Purchaser shall re -instate any portions of the Real Property disturbed by work or excavation to the same or better condition existing prior to the installation of municipal works. X 061 2. The Purchaser, by its officers, servants, agents, contractors, and workers, has permission from the Vendor to enter upon the Real Property as soon as possible to do the work before the Easement is signed and registered. The Purchaser shall give the Vendor 24 hours prior notice before the initial entry upon the Real Property. 3. The Purchaser may examine the title to the Real Property at its own expense within thirty (30) days following the Purchaser's acceptance of this offer. If within that time any valid objection to the title to the Real Property is made in writing by the Purchaser to the Vendor which the Vendor shall be unable or unwilling to remove within twenty (20) days of notification of such objection or objections and which the Purchaser will not waive, this agreement shall, notwithstanding any intermediate acts or negotiations in respect of such objections, be null and void and the Vendor shall not be liable for any costs or damages. Save as to any valid objection so made within such time, the Purchaser shall be conclusively deemed to have accepted the title of the Vendor to the Real Property. 4. In the event that the Vendor's title is encumbered, the determination that any encumbrance exists is in the sole and absolute discretion of the Purchaser, the Vendor shall obtain from each encumbrance a Postponement, in registerable form, of such encumbrance to the Purchaser's easement provided, that the Purchaser shall reimburse the Vendor for all administration (including appraisal) fees required by each encumbrancer to give the Postponement. 5. W The Purchaser shall prepare at its cost any Plan of Survey required to effect the conveyance herein contemplated; and 00 The Purchaser shall reimburse the Vendor up to $750.00 plus HST for legal fees expended by the Vendor to finalize this conveyance; and (iii) The Purchaser shall pay for registration & filing fees at Service New Brunswick, if applicable, for the plan, Easement and the Postponement. 6. The Purchaser will have vacant possession of the Real Property on Closing. 7. This offer shall be irrevocable by the Vendor until 12:00 p.m. local time on January 19, 2023 and upon acceptance by the Purchaser shall constitute an Agreement of Purchase and Sale binding upon the parties hereto. 8. This offer when accepted shall be read with all changes of gender or number required by the context shall be binding upon the parties hereto, their respective heirs, executors, administrators, and assigns, and time shall in all respects be of the essence hereof. 2 IN WITNESS WHEREOF the Vendor has caused these presents to be executed this day of lq�i4" 2022. Witness: Name: ClgngsoVg Lu AND the Purchaser has caused these presents to be executed this day of _- .2023. THE CITY OF SAINT JOHN Per: Name: Donna Noade Reardon Title: Mayor Per: Name: Jonathan Taylor Title: City Clerk Common Council Resolution Date: - , 2023 3 !II SCHEDULE "A" DRAWING TITLED "CANDLEWOOD LANE SEWER SEPARATION" ti�aTH i n.F 4.57m c yP. 3L, i ' 7 Y 1 ryt ■M1 A'F 40KIua7E ARD .'r dF w 1 1 r, S.Q 4.1 f �`SJE]'�F F:'. ° „=J F0� �E. - •e Si�:.v.=C4 a:: _ "1.1_ D=C-a c_n 'Fe :cam vt�o^ h4, C.�e 7t a^ ..e a 2021-0&28 _.e a 175 -e,o• TKNI CANDMU000 LANE D-z rg fr� +rt SEWER SEPARATION PROPERTY EASEMENT SKETCH � K'l �1 C c rt� pr as��T �cHti P O 4 55069835 S1!"• 1 V AGREEMENT OF PURCHASE AND SALE The Purchaser agrees to purchase from the Vendor and the Vendor agrees to sell to the Purchaser a municipal services easement/easement for municipal services in and through the Vendor's land PID No. 55094718 as hereinafter set out upon the following terms and conditions: Vendor: CONSTANCE BETH RITCHIE 70 Candlewood Lane Saint John, NB E2K 1Z4 Purchaser: THE CITY OF SAINT JOHN P.O. Box 1971 15 Market Square Saint John, NB E21- 41-1 Attention: City Clerk Premises: Easement in and through of Common Land, also identified as PID No. 55094718, comprising of an approximate area of 14.98 square meters as shown on the drawing attached hereto as Schedule "A" titled "CANDLEWOOD LANE SEWER SEPARATION" Drawing SK-15 Property Easement Sketch PID 55094718 (the "Real Property"). Purchase Price: $1.00 plus HST if applicable Closing Date: On or before June 30, 2022. 1. The Purchaser shall acquire from the Vendor an easement and rights at the cost, risk and expense of the Purchaser, by its officers, servants, agents, contractors and workers, to enter the Real Property, at all times and from time to time with machinery, materials, vehicles and equipment and to construct, alter, maintain, inspect and repair underground pipelines, storm sewers, sanitary sewers or any like municipal works including all related works appurtenant thereto, together with the right by action or otherwise at any time to enjoin the Vendor, including the heirs, executor, administrators, successors and assigns of such Vendor from erecting or locating on the Real Property any building, structure or other obstacle which could impair the free and full use of the easement or permitting the erection or location thereon of any such building, structure or other obstacle; provided that upon completion of the initial installation of municipal works the Purchaser shall re -instate any portions of the Real Property disturbed by work or excavation to the same or better condition existing prior to the installation of municipal works. 1 !E91 The Purchaser, by its officers, servants, agents, contractors, and workers; has permission from the Vendor to enter upon the Real Property as soon as possible to do the work before the Easement is signed and registered. The Purchaser sha I g,ve the Vendor 24 hours prior notice before the initial entry upon the Real Property. 3. The Purchaser may examne the title to the Real Property at its own expense within thirty (30) days following the Purchaser's acceptance of this offer. If within that time any valid objection to the title to the Real Property is made in writing by the Purchaser to the Vendor which the Vendor shall be unable or unwilling to remove within twenty (20) days of notification of such objection or objections and which the Purchaser will not waive, this agreement shall, notwithstanding any intermediate acts or negotiations in respect of such objections, be null and void and the Vendor shall not be liable for any costs or damages. Save as to any valid objection so made within such time, the Purchaser shal be conclusively deemed to have accepted the title of the Vendor to the Real Property. 4. In the event that the Vendor's title is encumbered, the determination that any encumbrance exists is in the sole and absolute discreticn of the Purchaser, the Vendor shall obtain from each encumbrance a Postponement, in registerable form, of such encumbrance to the Purchaser's easement provided, that the Purchaser shall reimburse the Vendor for all administration (including appraisal) fees required by each encumbrancer to give the Postponement. 5. (i) The Purchaser shall prepare at its cost any Plan of Survey required to effect the conveyance herein contemplated; and (ii) The Purchaser shall reimburse the Vendor up to $750,00 plus HST for legal fees expended by the Vendor to finalize this conveyance, and (iiij The Purchaser shall pay for registration & filing fees at Service New Brunswick, if applicable for the plan. Easement and the Postponement o. The Purchaser %,,'I; have vac n, possession of the Real Property on Closing. 7. Thli offer sha' be irrevo_abie h, U-- 1.1=ndor Until —.d17 p n1 Kcal tim-- c. ] 9 20, -- 22 c' up7n acceptarc- b/ ti,@ Purchaser small consti:uce an Agreerrent c.`! rcnase and Sal-e b 1: n= ugo'3 the ca't'es h=reto. 8 This offer when accepted shall be read with all changes of gender or number required by the context shall be binding upon the parties hereto, their respective heirs, executors, adr-inistrators and assigrs, and time shall it all resper-ts be vF the esse; cP h=re^f. 2 IN WITNESS WHEREOF the Vendor has caused these presents to be executed th's 10 day of Name: Constance Beth Ritchie AND the Purchaser has caused these presents to be executed this �d day of , 2022. THE CITY OF SAINT JOHN Per: Name: Donna Noade Reardon Title: Mayor Per: Name. Jonathan Taylor Title: City Clerk Common Council Resolution Date: �w , 202/3 _1 :111 Schedule "A" - Drawing Titled Tandlewood Lane Sewer Separation" JSEiAER NORTH 4` n ,Q 0 55069835 5.33m rn i' 55094718 ,LO E N N N EASEMENT APPROXIMATE AREA =14.98m2 5.46m `_ 51 73769 L a 0 55173611 55068856 0 1.5 3.0 4.5 6.0 7.5m 1:75 A ISSUED FOR REVIEW B ISSUz-D FOR REVIEW (2022-01.06i C ISSUED FOR REVIEbV (2022-01-14) No. Descripoo^ INc I Description No. I Description Date tale Drawn 1:75 THM CANDLEWOOD LANE Drawing a SEWER SEPARATION PROPERTY EASEMENT SKETCH PID 55094718 SK-15 CITY OF SAINT JOHN # AGREEMENT OF PURCHASE AND SALE The Purchaser agrees to purchase from the Vendor and the Vendor agrees to sell to the Purchaser a municipal services easement/easement for municipal services in and through the Vendor's land PID No. 55173629 as hereinafter set out upon the following terms and conditions: Vendor: KEITH MACCOLLUM MEREDITH MACCOLLUM 78 Candlewood Lane Saint John, NB E2K 1Z4 Purchaser: THE CITY OF SAINT JOHN P.O. Box 1971 15 Market Square Saint John, NB E21-4L1 Attention: City Clerk Premises: Easement in and through of Common Land, also identified as PID No. 55173629, comprising of an approximate area of 8.15 square meters as shown on the drawing attached hereto as Schedule "A" titled "CANDLEWOOD LANE SEWER SEPARATION" Drawing SK-11 Property Easement Sketch PID 55173629 (the "Real Property"). Purchase Price: $1.00 plus HST if applicable Closing Date: On or before June 30, 2022. 1. The Purchaser shall acquire from the Vendor an easement and rights at the cost, risk and expense of the Purchaser, by its officers, servants, agents, contractors and workers, to enter the Real Property, at all times and from time to time with machinery, materials, vehicles and equipment and to construct, alter, maintain, inspect and repair underground pipelines, storm sewers, sanitary sewers or any like municipal works including all related works appurtenant thereto, together with the right by action or otherwise at any time to enjoin the Vendor, including the heirs, executor, administrators, successors and assigns of such Vendor from erecting or locating on the Real Property any building, structure or other obstacle which could impair the free and full use of the easement or permitting the erection or location thereon of any such building, structure or other obstacle; provided that upon completion of the initial installation of municipal works the Purchaser shall re -instate any portions of the Real Property disturbed by work or excavation to the same or better condition existing prior to the installation of municipal works. 1 U IN WITNESS WH REOF the Vendor has caused these presents to be executed this day of 2022. Witness: Name: Keith Maccollum Witness: Name: Meredith Maccollum AND the Purchaser has caused these presents to be executed this day of , 2022. THE CITY OF SAINT JOHN Per: Name: Donna Noade Reardon Title: Mayor Per: Name: Jonathan Taylor Title: City Clerk Common Council Resolution Date: 1 202/ .3 !E:3 Schedule "A" - Drawing Titled "Candlewood Lane Sewer Separation" 55173611 NORTH y ti y 55066856 EASEMENT APPROXIMATE AREA 3.33m B.15m2 v 55173629 3 N 2.53m �0 55147318 0 1.5 3.0 4.5 6.0 7.5m 1:75 A ISSUED FOR REVIEW B ISSUED FOR REVIEW: 2022-01-061 C ISSUED FOR REVIEW (2022-01-14. No. Descr pt on iNol Description No. Description Date Scale Urawn 2021-06-28 1:75 THM CANDLEWOOD LANE Drawing SEWER SEPARATION PROPERTY EASEMENT SKETCH " �( S Kr1 CITY OF SAINT JOHN PI D # 55173629 1+Z7 AGREEMENT OF PURCHASE AND SALE The Purchaser agrees to purchase from the Vendor and the Vendor agrees to sell to the Purchaser a municipal services easement/easement for municipal services in and through the Vendor's land PID No. 55173611 as hereinafter set out upon the following terms and conditions: Vendor: STUART ALAN BALL 74 Candlewood Lane Saint John, NB E2K 1Z4 Purchaser: THE CITY OF SAINT JOHN P.O. Box 1971 15 Market Square Saint John, NB E2L 41-1 Attention: City Clerk Premises: Easement in and through of Common Land, also identified as PID No. 55173611, comprising of an approximate area of 12.29 square meters as shown on the drawing attached hereto as Schedule "A" titled "CANDLEWOOD LANE SEWER SEPARATION" Drawing SK-13 Property Easement Sketch PID 55173611 (the "Real Property"). Purchase Price: $1.00 plus HST if applicable Closing Date: On or before April 28, 2023. I. The Purchaser shall acquire from the Vendor an easement and rights at the cost, risk and expense of the Purchaser, by its officers, servants, agents, contractors and workers, to enter the Real Property, at all times and from time to time with machinery, materials, vehicles and equipment and to construct, alter, maintain, inspect and repair underground pipelines, storm sewers, sanitary sewers or any like municipal works including all related works appurtenant thereto, together with the right by action or otherwise at any time to enjoin the Vendor, including the heirs, executor, administrators, successors and assigns of such Vendor from erecting or locating on the Real Property any building, structure or other obstacle which could impair the free and full use of the easement or permitting the erection or location thereon of any such building, structure or other obstacle; provided that upon completion of the initial installation of municipal works the Purchaser shall re -instate any portions of the Real Property disturbed by work or excavation to the same or better condition existing prior to the installation of municipal works. 67i] 2. The Purchaser, by its officers, servants, agents, contractors, and workers, has permission from the Vendor to enter upon the Real Property as soon as possible to do the work before the Easement is signed and registered. The Purchaser shall give the Vendor 24 hours prior notice before the initial entry upon the Real Property. 3. The Purchaser may examine the title to the Real Property at its own expense within thirty (30) days following the Purchaser's acceptance of this offer. If within that time any valid objection to the title to the Real Property is made in writing by the Purchaser to the Vendor which the Vendor shall be unable or unwilling to remove within twenty (20) days of notification of such objection or objections and which the Purchaser will not waive, this agreement shall, notwithstanding any intermediate acts or negotiations in respect of such objections, be null and void and the Vendor shall not be liable for any costs or damages. Save as to any valid objection so made within such time, the Purchaser shall be conclusively deemed to have accepted the title of the Vendor to the Real Property. 4. In the event that the Vendor's title is encumbered, the determination that any encumbrance exists is in the sole and absolute discretion of the Purchaser, the Vendor shall obtain from each encumbrance a Postponement, in registerable form, of such encumbrance to the Purchaser's easement provided, that the Purchaser shall reimburse the Vendor for all administration (including appraisal) fees required by each encumbrancer to give the Postponement. 5. (i) The Purchaser shall prepare at its cost any Plan of Survey required to effect the conveyance herein contemplated; and (ii) The Purchaser shall reimburse the Vendor up to $750.00 plus HST for legal fees expended by the Vendor to finalize this conveyance; and (iii) The Purchaser shall pay for registration & filing fees at Service New Brunswick, if applicable, for the plan, Easement and the Postponement. 6. The Purchaser will have vacant possession of the Real Property on Closing, 7. This offer shall be irrevocable by the Vendor until 12:00 p m. local time on January 19, 2023 and upon acceptance by the Purchaser shall constitute an Agreement of Purchase and Sale binding upon the parties hereto. 8. This offer when accepted shall be read with ail changes of gender or number required by the context shall be binding upon the parties hereto, their respective heirs, executors; administrators, and assigns, and time shall in all respects be of the essence hereof. 2 51 IN WITNESS WHEREOF the Vendor has caused these presents to be executed this day of 2022. Witness: Name: Stuart Alan Ball AND the Purchaser has caused these presents to be executed this _ day of 2023. THE CITY OF SAINT JOHN Per: _ Name: Donna Noade Reardon Title: Mayor Per: Name: Jonathan Taylor Title: City Clerk Common Council Resolution Date: 2023 3 61 SCHEDULE "A" DRAWING TITLED "CANDLEWOOD LANE SEWER SEPARATION" WRTH Pp p EA!5EE Y ENT APFROXIVATAAEA P.4 E 5` 1736 F A t;ljj- 2021-06-22 175THyi CANDLEWOOD LANE SENER SEPARAT ON 11 mm, PROPERTY EASEMENT !L -ff, OF ;Al%j Ck� P () # 55173611 SK-1 3 6v AGREEMENT OF PURCHASE AND SALE The Purchaser agrees to purchase from the Vendor and the Vendor agrees to sell to the Purchaser a municipal services easement/easement for municipal services in and through the Vendor's land PID No. 55173769 as hereinafter set out upon the following terms and conditions: Vendor: LESLIE ESTABROOKS RALPH ESTABROOKS 72 Candlewood Lane Saint John, NB E2K 1Z4 Purchaser: THE CITY OF SAINT JOHN P.O. Box 1971 15 Market Square Saint John, NB E21- 41-1 Attention: City Clerk Premises: Easement in and through of Common Land, also identified as PID No. 55173769, comprising of an approximate area of 14.34 square meters as shown on the drawing attached hereto as Schedule "A" titled "CANDLEWOOD LANE SEWER SEPARATION" Drawing SK-14 Property Easement Sketch PID 55173769 (the "Real Property"). Purchase Price: $1.00 plus HST if applicable Closing Date: On or before April 28, 2023. 1. The Purchaser shall acquire from the Vendor an easement and rights at the cost, risk and expense of the Purchaser, by its officers, servants, agents, contractors and workers, to enter the Real Property, at all times and from time to time with machinery, materials, vehicles and equipment and to construct, alter, maintain, inspect and repair underground pipelines, storm sewers, sanitary sewers or any like municipal works including all related works appurtenant thereto, together with the right by action or otherwise at any time to enjoin the Vendor, including the heirs, executor, administrators, successors and assigns of such Vendor from erecting or locating on the Real Property any building, structure or other obstacle which could impair the free and full use of the easement or permitting the erection or location thereon of any such building, structure or other obstacle; provided that upon completion of the initial installation of municipal works the Purchaser shall reinstate any portions of the Meal Property disturbed by work or excavation to the same or better condition existing prior to the installation of municipal works. 1 6'i! 2. The Purchaser, by its officers, servants, agents, contractors, and workers, has permission from the Vendor to enter upon the Real Property as soon as possible to do the work before the Easement is signed and registered. The Purchaser shall give the Vendor 24 hours prior notice before the initial entry upon the Real Property. 3. The Purchaser may examine the title to the Real Property at its own expense within thirty (30) days following the Purchaser's acceptance of this offer. If within that time any valid objection to the title to the Real Property is made in writing by the Purchaser to the Vendor which the Vendor shall be unable or unwilling to remove within twenty (20) days of notification of such objection or objections and which the Purchaser will not waive, this agreement shall, notwithstanding any intermediate acts or negotiations in respect of such objections, be null and void and the Vendor shall not be liable for any costs or damages. Save as to any valid objection so made within such time, the Purchaser shall be conclusively deemed to have accepted the title of the Vendor to the Real Property. 4. In the event that the Vendor's title is encumbered, the determination that any encumbrance exists is in the sole and absolute discretion of the Purchaser, the Vendor shall obtain from each encumbrance a Postponement, in registerable form, of such encumbrance to the Purchaser's easement provided, that the Purchaser shall reimburse the Vendor for all administration (including appraisal) fees required by each encumbrancer to give the Postponement. 5. (i) The Purchaser shall prepare at its cost any Plan of Survey required to effect the conveyance herein contemplated; and (ii) The Purchaser shall reimburse the Vendor up to $750.00 plus HST for legal fees expended by the Vendor to finalize this conveyance; and (iii) The Purchaser shall pay for registration & filing fees at Service New Brunswick, if applicable, for the plan, Easement and the Postponement. 6. The Purchaser will have vacant possession of the Real Property on Closing. 7. This offer shall be irrevocable by the Vendor until 12:00 p.m. local time on January 19, 2023 and upon acceptance by the Purchaser shall constitute an Agreement of Purchase and Sale binding upon the parties hereto. 8. This offer when accepted shall be read with all changes of gender or number required by the context shall be binding upon the parties hereto, their respective heirs, executors, 2 6191 administrators, and assigns, and time shall in all respects be of the essence hereof. IN WITNESS WHEREOF the Vendor has caused these presents to be executed this day of dt�:,f Witness: Witness: ::�3 Name: Leslie Estabrooks 4 Name: alph Estabrooks AND the Purchaser has caused these presents to be executed this day of , 2023. THE CITY OF SAINT JOHN Per: Name: Donna Noade Reardon Title: Mayor Per: Name: Jonathan Taylor Title: City Clerk Common Council Resolution Date: 2023 67� SCHEDULE "A" DRAWING TITLED "CANDLEWOOD LANE SEWER SEPARATION" f) EXSEk#E%T I ib 4EIi, All:w�:.XNATE AFF-& 4 JAI-? 4 85rr f. 7 5vi 75 1;5!�, n Foa �v. E 5 .55ing-N-n Erg :0ZZ-01-X C SS D -c; E." 20214628 1 5 THM CANDMV000 LANE SEWER SEPAPATJON SK-14 PROPERTY EASEMENT SKETCH PID 0 55173769 61FA AGREEMENT OF PURCHASE AND SALE The Purchaser agrees to purchase from the Vendor and the Vendor agrees to sell to the Purchaser a municipal services easement/easement for municipal services in and through the Vendor's land PID No. 55066856 as hereinafter set out upon the following terms and conditions: Vendor: TRACEY KATHERINE HARKINS 76 Candlewood Lane Saint John, NB E2K 1Z4 Purchaser: THE CITY OF SAINT JOHN P.O. Box 1971 15 Market Square Saint John, NB E21- 41-1 Attention: City Clerk Premises: Easement in and through of Common Land, also identified as PID No. 55066856, comprising of an approximate area of 10.21 square meters as shown on the drawing attached hereto as Schedule "A" titled "CANDLEWOOD LANE SEWER SEPARATION" Drawing SK-12 Property Easement Sketch PID 55066856 (the "Real Property"). Purchase Price: $1.00 plus HST if applicable Closing Date: On or before April 28, 2022. 1. The Purchaser shall acquire from the Vendor an easement and rights at the cost, risk and expense of the Purchaser, by its officers, servants, agents, contractors and workers, to enter the Real Property, at all times and from time to time with machinery, materials, vehicles and equipment and to construct, alter, maintain, inspect and repair underground pipelines, storm sewers, sanitary sewers or any like municipal works including all related works appurtenant thereto, together with the right by action or otherwise at any time to enjoin the Vendor, including the heirs, executor, administrators, successors and assigns of such Vendor from erecting or locating on the Real Property any building, structure or other obstacle which could impair the free and full use of the easement or permitting the erection or location thereon of any such building, structure or other obstacle; provided that upon completion of the initial installation of municipal works the Purchaser shall re -instate any portions of the Real Property disturbed by work or excavation to the same or better condition existing prior to the installation of municipal works. 1. 611:3 2. The Purchaser, by its officers, servants, agents, contractors, and workers, has permission from the Vendor to enter upon the Real Property as soon as possible to do the work before the Easement is signed and registered. The Purchaser shall give the Vendor 24 hours prior notice before the initial entry upon the Real Property. 3. The Purchaser may examine the title to the Real Property at its own expense within thirty (30) days following the Purchaser's acceptance of this offer. If within that time any valid objection to the title to the Real Property is made in writing by the Purchaser to the Vendor which the Vendor shall be unable or unwilling to remove within twenty (20) days of notification of such objection or objections and which the Purchaser will not waive, this agreement shall, notwithstanding any intermediate acts or negotiations in respect of such objections, be null and void and the Vendor shall not be liable for any costs or damages. Save as to any valid objection so made within such time, the Purchaser shall be conclusively deemed to have accepted the title of the Vendor to the Real Property. 4. In the event that the Vendor's title is encumbered, the determination that any encumbrance exists is in the sole and absolute discretion of the Purchaser, the Vendor shall obtain from each encumbrance a Postponement, in registerable form, of such encumbrance to the Purchaser's easement provided, that the Purchaser shall reimburse the Vendor for all administration (including appraisal) fees required by each encumbrancer to give the Postponement. 5. (i) The Purchaser shall prepare at its cost any Plan of Survey required to effect the conveyance herein contemplated; and (ii) The Purchaser shall reimburse the Vendor up to $750.00 plus HST for legal fees expended by the Vendor to finalize this conveyance; and (iii) The Purchaser shall pay for registration & filing fees at Service New Brunswick, if applicable, for the plan, Easement and the Postponement. 7. This offer shall be irrevocable by the Vendor until 12:00 p.m. local time on January 19, 2023 and upon acceptance by the Purchaser shall constitute an Agreement of Purchase and Sale binding upon the parties hereto. 8. This offer when accepted shall be read with all changes of gender or number required by the context shall be binding upon the parties hereto, their respective heirs, executors, administrators, and assigns, and time shall in all respects be of the essence hereof. 2 611%] IN WITNESS WHEREOF the Vendor has caused these presents to be executed this 04-3 day of � z. 2oz3 Witness: Name: Tracey Kath ri Harkins AND the Purchaser has caused these presents to be executed this day of 2023. THE CITY OF SAINT JOHN Per: Name: Donna Noade Reardon Title: Mayor Per: Name: Jonathan Taylor Title: City Clerk Common Council Resolution Date: , 2023 Ais] SCHEDULE "A" DRAWING TITLED "CANDLEWOOD LANE SEWER SEPARATION" s5asule r37ss lssI tr °° 55173611 4.09m EASEMENT _ APPROXIMATE ARE. -10.21? E n 5SOE4856 eo N 0 N j 3.33m 55173629 yo ay 55147318 0 1.5 3.0 4.5 6.0 7.5m 1:75 ,S4_t RI @ 15vac- I D97E'-pi'a I7S17101 w L iS5UEU1011N1'.v;vj:O??O'. l:j `!u iYit��ut,:r N Cez-f ofjc 40. vesc, rA cn USfe S 3k U13'Nn 2021.Ob-lB S.7S TMM CANDLEWOOD LANE SEWER SE PARATi0m PROPERTY EASEMENT SKETCH PID S �.� Lr} CITY pi yy N 550668S6 AI AGREEMENT OF PURCHASE AND SALE The Purchaser agrees to purchase from the Vendor and the Vendor agrees to sell to the Purchaser a municipal services easement/easement for municipal services in and through the Vendor's land PID No. 55147318 as hereinafter set out upon the following terms and conditions: Vendor. MARY ISABELLE CHENARD 80 Candlewood Lane Saint John, NB E2K 1Z4 Purchaser: THE CITY OF SAINT JOHN P.Q. Box 1971 15 Market Square Saint John, NB E2L 4L1 Attention: City Clerk Premises: Easement in and through of Common Land, also identified as PID No. 55147318, comprising of an approximate area of 5.90 square meters as shown on the drawing attached hereto as Schedule "A" titled "CANDLEWOOD LANE SEWER SEPARATION" Drawing SK-10 Property Easement Sketch PID 55147318 (the "Real Property"). Purchase Price: $1.00 plus HST if applicable Closing Date: On or before April 28, 2023. 1. The Purchaser shall acquire from the Vendor an easement and rights at the cost, risk and expense of the Purchaser, by its officers, servants, agents, contractors and workers, to enter the Real Property, at all times and from time to time with machinery, materials, vehicles and equipment and to construct, alter, maintain, inspect and repair underground pipelines, storm sewers, sanitary sewers or any like municipal works including all related works appurtenant thereto, together with the right by action or otherwise at any time to enjoin the Vendor, including the heirs, executor, administrators, successors and assigns of such Vendor from erecting or locating on the Real Property any building, structure or other obstacle which could impair the free and full use of the easement or permitting the erection or location thereon of any such building, structure or other obstacle; provided that upon completion of the initial installation of municipal works the Purchaser shall re -instate any portions of the Real Property disturbed by work or excavation to the same or better condition existing prior to the installation of municipal works. 1 I' 2. The Purchaser, by its officers, servants, agents, contractors, and workers, has permission from the Vendor to enter upon the Real Property as soon as possible to do the work before the Easement is signed and registered. The Purchaser shall give the Vendor 24 hours prior notice before the initial entry upon the Real Property. I The Purchaser may examine the title to the Real Property at its own expense within thirty (30) days following the Purchaser's acceptance of this offer. If within that time any valid objection to the title to the Real Property is made in writing by the Purchaser to the Vendor which the Vendor shall be unable or unwilling to remove within twenty (20) days of notification of such objection or objections and which the Purchaser will not waive, this agreement shall, notwithstanding any intermediate acts or negotiations in respect of such objections, be null and void and the Vendor shall not be liable for any costs or damages. Save as to any valid objection so made within such time, the Purchaser shall be conclusively deemed to have accepted the title of the Vendor to the Real Property. 4. In the event that the Vendor's title is encumbered, the determination that any encumbrance exists is in the sole and absolute discretion of the Purchaser, the Vendor shall obtain from each encumbrance a Postponement, in registerable form, of such encumbrance to the Purchaser's easement provided, that the Purchaser shall reimburse the Vendor for all administration (including appraisal) fees required by each encumbrancer to give the Postponement. 5. (i) The Purchaser shall prepare at its cost any Plan of Survey required to effect the conveyance herein contemplated; and (ii) The Purchaser shall reimburse the Vendor up to $750.00 plus HST for legal fees expended by the Vendor to finalize this conveyance; and (iii) The Purchaser shall pay for registration & filing fees at Service New Brunswick, if applicable, for the plan, Easement, and the Postponement. 6. The Purchaser will have vacant possession of the Real Property on Closing. 7. This offer shall be irrevocable by the Vendor until 12:00 p.m. local time on January 19, 2023 and upon acceptance by the Purchaser shall constitute an Agreement of Purchase and Sale binding upon the parties hereto. 8. This offer when accepted shall be read with all changes of gender or number required by the context shall be binding upon the parties hereto, their respective heirs, executors, administrators, and assigns, and time shall in all respects be of the essence hereof. 2 M IN WITNESS WHEREOF the Vendor has caused these presents to be executed this/L day of Witness Name: Mary Isabelle Chenard AND the Purchaser has caused these presents to be executed this day of ja (tl 12023, THE CITY OF SAINT 10HN Per: Name: Donna Noade Reardon Title: Mayor Per: Name: Jonathan Taylor Title: City Clerk Common Council Resolution Date: .2023 3 AE,I SCHEDULE "A" DRAWING TITLED "CANDLEWOOD LANE SEWER SEPARATION" 1.72m % E06-%EtAL%JT !PPR-AlVATE A7E4 .3.0 4.S 6,0 7 5rf- 5sS EDP-"; PEI. :Yl X22-71-ce C : src 2021-12-06 175 72AF THM r-ANDLEW006 LANE D-Sxwff SEWER SEPARATION PROPERTY EASEMENT SKETCH u :w Stra jcm% PID # 55147318 SK-1 0 THIS INDENTURE made this day of April, 2022, BY AND BETWEEN: PROPERTY MAINTENANCE LTD, a company duly incorporated under the laws of the Province of New Brunswick, having its head office in the City of Saint John, in the County of Saint John, and Province of New Brunswick, hereinafter called the "Grantor" OF THE FIRST PART - and - - THE CITY OF SAINT JOHN, having its City Hall at 15 Market Square, Saint John, New Brunswick, a body corporate by Royal Charter, confirmed and amended by Acts of the Legislative Assembly of New Brunswick, hereinafter called the "Grantee" OF THE SECOND PART WHEREAS the Grantor is the owner of certain lands and premises located in the City of Saint John, in the County of Saint John and Province of New Brunswick, which lands and premises bear property identification number 00426411 and are more particularly described in Schedule "A" attached hereto (hereinafter the "Lands"); and WHEREAS the Grantor acquired the Lands by Deed dated May 21, 1965, and registered in the Saint John County Registry Office on May 21, 1965, in Book 529 at Page 260 as Number 201962; and WHEREAS the Grantee is proposing to renew and install three catchbas'ns (CB #5, CB #6 and CB #7) and associated piping on the Lands, the purpose of which is to pick up storm water and tie it into the proposed new stormwater main on Candlewood Lane (hereinafter the "Catchbasins" shall mean both the Catchbasins and the associated piping); WHEREAS the Grantee intends to construct the Catchbasins in the locations shown on the Preliminary Design Drawing — Candlewood Lane Plan & Profile Sta. 0+120 to 0+230 dated July 8, 2021, at Schedule "B" attached hereto; WHEREAS the Grantor has agreed that the Catchbasins be built upon the Lands; and WHEREAS the on-go'ng maintenance for the Catchbasins shall be the responsibility of the Grantor upon completion of their construction; NOW THEREFORE THIS INDENTURE WITNESSETH in consideration of the sum of One Dollar ($1.00) of lawful money of Canada, and other valuable consideration paid to it by the Grantee, the receipt whereof is hereby acknowledged: 1. The Grantor hereby grants and conveys an easement and rights at the cost, risk and expense of the Grantee by its officers, servants, agents, contractors and workers to enter upon the Lands with workers, machinery, materials, vehicles and equipment to construct the Catchbasins and 'ends on the said Lands, in accordance with the Proposed Des gn Drawing - Cand ewood Lane Plan & Profile Sta. 0+120 to 0+230 dated July 8, 2021 at Schedule "B" attached hereto prepared by CBCL Limited, and approved by the Chief City Engineer, together with all related works appurtenant thereto including but not limited to demolition, survey, inspection, excavation, and construction, The Grantee shall undertake to restore the Lands included in this easement to the condition in which they existed before any excavation or other work required or performed in the use of the easement by the Grantee was undertaken. 2. The Grantor, its successors and assigns covenant with the Grantee, its successors and assigns, that neither the Grantor nor its successors or assigns shall at any time do any act or thing in any way to obstruct or interfere with any such entry onto the Lands for the purpose described herein, surveying, inspection, excavation and construction of the Catchbasins upon or through the said Lands. 3. The Grantor hereby grants said easement and rights unto the Grantee, its successors and assigns, until October 31, 2023. 4. Upon the Grantee providing notice to the Grantor of the completion of the construction of the Catchbasins or the expiration of the said easement, whichever is earlier, the Catchbasins shall become solely owned by and the sole responsibility of the Grantor. The Grantor shall be solely responsible for all maintenance and shall indemnify and hold the Grantee harmless for any and all liability associated with the Catchbasins. IN WITNESS WHEREOF the parties hereto have duly executed these presents the day and year first above written. SIGNED, SEALED & DELIVERED) in the presence of - PROPERTY MAINTENANCE LTD. _ _..�_.WAKAWM THE CITY OF SAINT JOHN Donna Noade Reardon, Mayor Jonathan Taylor, City Clerk Common Council Resolution: Cal Schedule "A" Description of Lands ALL that certain lot, piece or- parcel' of land situate a lying and being in Stanley Ward in the City of Saint John in the County of Saint John and Province of New Brunswick, comprising a portion of those certain lands previously conveyed from Huntington Limited to the grantor by Indenture bearing date the 21st day of May, 1965, registered in the Office of the Registrar of Deeds in and for the County of Saint john on, the 21st day of May, 1965 in Book 528 by the number 201895. the lands conveyed from Huntington Limited to the grantor as -aforesaid being described in the said Indenture as follows, viz: — "ALL that certain lot, piece or parcel of land situate. lying and being in - Stanley Ward in the City of Saint John in the county of Saint John and Province of New Brunswick, comprising a portion of those certain lands conveyed from Eastern & Chartered 'Trust Company, Liquidator of Turnbull Real Estate company, to the grantor by indenture bearing date the 13th day of May, 1965. registered in the Office of the Registrar of Deeds in and for the County of Saint John on the 18th day of May, 1965, in Book 528 by the number 201831, the portion thereof hereby conveyed being bounded and described as follows viz: Beginning on the southern side line of an eighty six (86) -foot wide proposed street to be known as University Avenue and extending eastwardly from the eastern side line of Millidge Avenue, at a point of beginning described or located as follows: — Beginning on the eastern side line of Millidge Avenue at its intersection with the southern side line of the said proposed street to be known: as University Avenue; going thence along the southern side line of the said proposed street to be known as University Avenue south seventy nine (79) degrees twenty three (23) minutes east by the magnet of A.D. 1959 five hundred and twenty, one and nine tenths (521.9) feet to the beginning, of a curve to the left having a radius of four hundred and eighteen (418) feet; thence along the said curve a distance equal to sixty six and seven tenths (66.7) feet. measured on chord of the said curve, the said chord bearing south eighty-three (83) degrees fifty five (55) minutes east to the aforesaid point of beginning. Thence going from the aforesaid point of beginning south fifteen (15) degrees fifty (50) minutes east seventy six- (76) feet; thence north eighty five (85) degrees fifty (50) minutes west eighteen (18) feet; thence south four (4) degrees ten (10) minutes west seventy two (72) feet; thence south eighty five (85) degrees fifty (50) minutes east eighteen (18) feet; thence south four (4) degrees ten (10) minutes west two hundred and ten and one tenth (210.1) feet to the line of division between lands of which the lot hereby conveyed forms a portion and lands lying to the south thereof now owned by Turnbull Real Estate Company; thence along the said line of division south eighty two (82) degrees thirty seven (37) minutes east forty seven and seven tenths (47 .7) a bend therein; thence continuing along the said line of division north seventy four (74) degrees ten (10) minutes east one thousand and four and fourteen hundredths (1004.14) feet to the eastern side line of the aforesaid lands conveyed Eastern & Chartered Trust company, Liquidator of Turnbull Real Estate Company. to Huntington Limited; thence along the. said line north fifteen (15) degrees fifty (50) minutes west three hundred and forty (340) feet to the southern side line of the said proposed street to be known as University Avenue; thence along the said proposed street to be known ag University Avenue south seventy four (74) degrees ten (10) minutes west eight hundred and twenty four (824) feet to the end of the aforesaid curve having a radius of four hundred and eighteen (418) feet and thence along the said curve one hundred and twenty six (126) feet more or less to the aforesaid point of beginning. The lot described hereby having an area of 7.8 acres and being shown on a Subdivision Plan "Huntington Development Phase I" prepared by Murdoch-Lingley Limited signed by H.P. Lingley, N.B.L.S. dated at Saint John, N.B. on the 17th day of May, 1965, approved Town Planning Commission of Metropolitan Saint John on the 19th day of May. 1965, and filed in the Office of the Registrar of Deeds in for the county of Saint John on the 21st day of May, 1965, in File 40, No. 127." The said portion of the above described lands being hereby conveyed comprising only that, portion of the above described lands which PRESERVES, EXCEPTS AND EXCLUDES thereout and therefrom all that certain piece or parcel of land previously conveyed from grantor to the 'City of Saint John by Indenture bearing even date herewith and registered in the Office of the Registrar of Deeds in and for the County of Saint John on the 21st day of May, 1965 in Book 528, by the number 201897, and therein described as follows: "All that certain street, piece or parcel of land situate, lying and being in Stanley Ward in the City of Saint John in the County of Saint John and Province of New Brunswick comprising a portion of those certain lands conveyed from Huntington Limited' to the grantor by indenture bearing date the 2151 day of May, 1965, registered in the Office of the Registrar of Deeds in and for the County of Saint John on even date herewith in Book 528 by the number 201895, the portion thereof hereby conveyed being bounded and described as follows, viz: — Beginning on the southern side line of a proposed street to be known as University Avenue at its intersection with the western side of the aforesaid lands conveyed from the said Huntington Limited to the grantor; going thence along the said line south fifteen (15) degrees fifty (50) minutes east by the magnet of A.D. 1959 seventy six (76) feet; thence south four (4) degrees ten (10) minutes west one hundred and sixty seven (167) feet; thence south sixty three (63) degrees fifty (50) minutes east one hundred and three (103) feet; thence north fifty one (51) degrees twenty (20) minutes east one hundred and seventy seven and six tenths (177 .6) feet, thence north seventy four (74) degrees- ten (10) minutes east one hundred and sixty two (162) feet; thence south eighty six (86) degrees thirty two (32) minutes east one hundred and thirty three and six tenths (133.6) feet; thence north seventy four (74) degrees ten (10) minutes east two hundred and thirty one (231) feet; thence north four (4) degrees ten (10) minutes east ninety (90) thence north thirty nine (39) degrees forty (40) minutes west one hundred and sixty six and three tenths (166 .3) feet; thence north fifteen (15) degrees fifty (50) minutes west twenty (20) feet to the aforesaid southern side line of the said proposed Street to be known as University Avenue; thence along the said proposed street to be known as University Avenue south seventy four (74) degrees ten (10) minutes west forty (40) feet; thence south fifteen (15) degrees fifty (50) minutes east twenty eight and three tenths (28.3) feet; thence south thirty nine (39) degrees forty (40) minutes east one hundred and fifty eight and seven tenths (158 .7) feet; thence south four (4) degrees ten (10) minutes forty six and one tenth (46.1) feet; thence south seventy four (74) degrees ten (10)•minutes west one hundred and ninety six and two tenths (196.2) �016-1 Schedule "B" Preliminary Design Drawing - Candlewood Lane Plan Profile RZ Me] Insert Affidavit of Corporate Execution 71 f{F j err J. COMMON COUNCIL REPORT M&C No. 2023-114 Report Date April 24, 2023 Meeting Date May 01, 2023 Service Area Strategic Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT. Information Technology (IT) Review and Strategy AUTHORIZATION Primary Author Commissioner/Dept. Head Chief Administrative Officer S. Rackley-Roach Kevin Fudge J. Brent McGovern RECOMMENDATION It is recommended that the proposal submitted by Perry Group Consulting Ltd. RFP 2023-080601P for consulting services to complete an Information Technology (IT) Service Review and Strategy in the amount of $159,988.75 plus HST be accepted and that the Mayor and City Clerk be authorized to execute documentation in that regard. EXECUTIVE SUMMARY An IT Strategy aligns technology investment with organizational goals. The engagement of consulting services to complete an IT Review and Strategy will set a direction for the Information Technology Service to support the organization in securely using technology tools, systems, and data to achieve strategic goals. The Strategy will provide a road map for investment over five (5) years that is sustainable and optimizes the utilization of limited resources. A Request for Proposals (RFP) for consulting services was issued and closed March 8, 2023. Through an evaluation process, Perry Group Consulting Ltd. was selected as the successful Proponent. The total estimated cost of this engagement is $159,988.75 plus HST. There is the potential for cost savings by reducing travel costs. Funds for this engagement were approved as part of the 2023 Information Technology Service budget. PREVIOUS RESOLUTION Not applicable. -2- REPORT An IT strategy aims to align technology and operations with organizational goals. It clearly sets a direction for investment and resourcing for how those technologies will be implemented and used, as well as articulates how the technology strategy supports key business objectives. By having this strategy in place, everyone within an organization knows and understands that as business needs change, technology must evolve as well. An IT strategy enables business outcomes, cost-effective solutions, and customer value. The information technology environment is not static, with new trends emerging and increasing costs every year. Some of these trends include the increasing adoption of cloud services, digital transformation, data analytics, artificial intelligence, and cybersecurity. With the City's investment in improving information systems and enhancing cybersecurity over the last five years, the timing is good to evaluate the next steps for the IT Service. The approved 2023 Operating Budget for the IT Service is $3,522,027, of that approximately 44% is related to human resources. Goods and services in IT (56%) include licensing and maintenance agreements for both hardware and software, telephony and Internet services, consulting services to support continuous improvement and engage specialized skills that are difficult to recruit for, and cloud consumption services. The budget includes a recovery for 1.75 full-time equivalents (FTEs) to ensure support for critical services and Microsoft licencing. It is important to note that not all software licensing is allocated in the IT budget. Systems and infrastructure related to GIS, public safety, SCADA, and transportation (i.e., Transit) are funded from respective service budgets. An IT reserve to replace computing assets and IT infrastructure (e.g., fire walls, servers, back-ups) is funded through a monthly charge -back to service areas, Police, and Transit. Approximately $525,000 is placed in the reserve annually, with an equal value of planned work to renew assets and infrastructure each year. Renewal of infrastructure is presented as part of the Operating Capital Budget but does not include investments for large scale software system replacement such as the Enterprise Resource Planning System (ERP) with a budget allocation of $2.33 Million. The investment of just under $160,000 plus HST to complete an IT Service Review and Strategy is small in comparison to costs associated with enabling public service delivery through technology. There is also the added benefit of having a roadmap that will guide strategic investment into IT improvements and requirements. rX -3- The City of Saint John is seeking experienced consultants to support the development of a Five (5)-Year IT Strategic Plan ('Strategy') that provides short- term and long-term guidance for the municipality's IT, tailored to meet evolving service delivery needs. The development of the plan will be preceded by an operational review of the current IT service and network infrastructure to document frameworks, structures, and processes in place. The goal is to ensure that information technology services are a platform for innovative and progressive business process improvements that will assist in ensuring the effective and efficient delivery of high -quality services by the City's service areas to the citizens and visitors to Saint John and to those that do business with the City. The approach to the IT Review and Strategy development will involve engagement with all service areas and key stakeholders to understand current and future needs. This approach will ensure the strategy is holistic and leverages synergies for technology solutions, optimizing the investment of limited resources that benefit the organization and the public. The Strategy must take a security first approach, while ensuring the IT team has the tools and resources to enable the functionality required by service areas to cost-effectively deliver service. The Strategy will provide recommendations on network and software improvements, IT tools to improve the cost-effectiveness of service delivery, governance, organization structure, and human resources (including roles, responsibilities, and skill sets) required to deliver IT services to our customers (inclusive of services provided to the City's agencies, boards, and commissions). The timeframe for the Strategy is five years, reflecting evolving technology and cybersecurity requirements. The Strategy must address the need to attract and retain talent in a competitive market for information technology skills. Municipal government offers a unique work experience that is difficult to compete with the private sector. Contracting out for service as a solution must add value to the organization and be cost-efficient. STRATEGIC ALIGNMENT Investment into an IT Review and Strategy aligns with Council's Priority of Perform. It will enable more cost-effective utilization of information technology resources, supporting the continuous improvement of service delivery through innovative technology tools, data management and analysis, and security enhancements. rL! -4- SERVICEAND FINANCIAL OUTCOMES The total estimated cost of this engagement is $159,988.75 plus HST. The funds for this engagement are allocated within the approved 2023 Information Technology Service operating budget. The engagement is expected to be completed in approximately six (6) months, with recommendations from the IT Strategic Plan incorporated into future operating and capital budget submissions, as appropriate. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Supply Chain Management facilitated the Request for Proposal (RFP) process to solicit proposals for the IT Service Review and Strategy engagement. As such the RFP closed on Wednesday, March 8, 2023, with the following companies responding by submitting proposals: • OnX Enterprise Solutions Ltd. • MNP LLP • Bulletproof Solutions ULC • Bell Canada • Perry Group Consulting Ltd. • Managing Information Systems 3 Inc. • BDO Canada LLP A review committee, consisting of staff from Supply Chain Management, Information Technology, and Finance reviewed the submissions for completeness and compliance with the RFP requirements and selection criteria consisting of the following: 1. Quality and Completeness 2. Technical Proposal 3. Management Proposal 4. Financial Proposal The proposal submitted by Perry Group Consulting Ltd. was ranked highest by the evaluation committee and met all the requirements set forth in the RFP. The above process is in accordance with the City's Procurement Policy and Supply Chain Management supports the recommendation being put forth. ATTACHMENTS None. 01 _fir17j ,Fj 1 COMMON COUNCIL REPORT M&C No. 2023-118 Report Date April 26, 2023 Meeting Date May 01, 2023 Service Area Utilities and Infrastructure Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT: Tender 2023-681001T- Phosphate for Corrosion Control 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 Dean Price Ian Fo an J. Brent McGovern RECOMMENDATION It is recommended that the tender for the establishment of a supply agreement for Phosphate for Corrosion Control for the Loch Lomond Drinking Water Treatment Facility and the Spruce Lake Water Treatment Facility be awarded to the lowest compliant bidder, Shannon Chemical Corporation, for a one-year term. EXECUTIVE SUMMARY With the commencement of City's new Loch Lomond Drinking Water Treatment Facility and the thirty (30) year operation and maintenance agreement with Port City Water Partners, the City is responsible for the procurement of a corrosion inhibitor throughout the duration of the operating period as defined in the agreement. In early 2021 Saint John Water commissioned a new orthophosphate batching system at the Spruce Lake Water Treatment Facility. This new batching system allowed staff to switch from the existing liquid orthophosphate solution to the dry product utilized at the Loch Lomond Drinking Water Treatment Facility. The dry orthophosphate is more cost effective than the liquid solution, therefore, this change will offer an ongoing operational cost saving. A public tender call for the supply of Phosphates for corrosion control was issued on March 21st, 2023 and closed on April 4th, 2023. Shannon Chemical Corporation had the lowest compliant bid and Supply Chain Management supports the recommendation in this report. 01.1 PREVIOUS RESOLUTION M&C 2018-105 Common Council RESOLVED that the tender for the establishment of a supply agreement for Phosphate for Corrosion Control for the new Loch Lomond Drinking Water Treatment Facility be awarded to the lowest compliant bidder, Canada Colors and Chemical (Eastern) Ltd, for a one-year term. M&C 2019-88 Common Council RESOLVED that the tender for the establishment of a supply agreement for Phosphate for Corrosion Control for the new Loch Lomond Drinking Water Treatment Facility be awarded to the lowest compliant bidder, Brenntag Canada Inc., for a one-year term. M&C 2021-104 Common Council RESOLVED that the tender for the establishment of a supply agreement for Phosphate for Corrosion Control for the Loch Lomond Drinking Water Treatment Facility and the Spruce Lake Water Treatment Facility be awarded to the lowest compliant bidder, Brenntag Canada Inc., for a one-year term. M&C 2022-152 Common Council RESOLVED that the tender for the establishment of a supply agreement for Phosphate for Corrosion Control for the Loch Lomond Drinking Water Treatment Facility and the Spruce Lake Water Treatment Facility be awarded to the lowest compliant bidder, Brenntag Canada Inc., for a one-year term. STRATEGIC ALIGNMENT This report aligns with Council's Priorityto Perform by investing in sustainable City services and municipal infrastructure while supporting the City's commitment to providing safe, clean drinking water. REPORT The purpose of this report is to inform Council of the results of the tender issued for the procurement of a corrosion inhibitor to be used at the Loch Lomond Drinking Water Treatment Facility and the Spruce Lake Water Treatment Facility. Under the Safe, Clean Drinking Water Project and the thirty (30) year operation and maintenance Contract with Port City Water Partners (PCWP), the City, at its sole discretion, may direct Project Co (PCWP) to make the following chemical feed changes that impact the distribution system water quality and operation: 1. Secondary chlorine residual 2. Finished water pH 3. Corrosion inhibitor type 4. Corrosion inhibitor and dose. No As per condition 3 above, the City is responsible for the selection and procurement of a corrosion inhibitor to be used at the water treatment facility. The treatment of the water with a corrosion inhibitor has been part of the design of a new Water Treatment plant. The newly commissioned orthophosphate batching system at the Spruce Lake Water Treatment Facility will utilize the same dry product as the Loch Lomond Drinking Water Treatment Facility. The dry orthophosphate is more cost effective than the liquid solution, therefore, this change will offer ongoing operational savings. SERVICEAND FINANCIAL OUTCOMES Based on the past twelve (12) months of operations and the unit price bid, the City will spend approximately $400,000.00 annually to purchase bulk orthophosphate. This is a budgeted expenditure and as such funds are provided in the annual Utility Operating Budget to fully cover this expense. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Both the Department of Environment and Local Government (Regulator) and the Department of Health had previously reviewed and approved the City's plan for the treatment of the drinking water with a corrosion inhibitor to control corrosion rates within the City's assets - the water distribution system. Supply Chain Management: A public tender call for the supply of Phosphates for corrosion control was issued on March 21st, 2023 and closed on April 4th, 2023. Two companies responded to the tender call by submitting bids. The results are as follows: 1. Brenntag Canada Inc. $15.91/KG 2. Shannon Chemical Corporation $13.87/KG Staff of Supply Chain Management have reviewed the tenders and have found them to be complete and formal in every regard. Staff believes 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 supports the recommendation being put forth. ATTACHMENTS N/A rE:3 �p � 11 )l j (-)h 1 1 COMMON COUNCIL REPORT M&C No. 2023-120 Report Date April 24, 2023 Meeting Date May 01, 2023 Service Area Utilities and Infrastructure Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT. Proposal for CCTV Video Inspection and Flushing AUTHORIZATION Primary Author Commissioner/Dept. Head Chief Administrative Officer Jason Leclerc Ian Fogan/Kendall Mason J. Brent McGovern RECOMMENDATION It is recommended that the standing offer agreement for the supply of closed circuit television (CCTV) video inspection and associated work be awarded to Eastern Trenchless LTD for the remainder of 2023 with an option to extend for years two through five. EXECUTIVE SUMMARY The purpose of this report is to seek Council's approval for the award of the supply of CCTV video inspection and associated work to support advancement of the City's asset management program as well as the sanitary and storm sewer maintenance programs. This initiative was approved as part of the 2023 budget process for both the Water and Sewerage Utility Fund and the General Fund. Continuing this sewer asset management and maintenance program supports the sustainable management of infrastructure along with greatly improving the accuracy and completeness of the asset management data. PREVIOUS RESOLUTION M&C 2018-113: Proposal for CCTV Video Inspection REPORT In 2018, the City set out an ambitious goal to perform CCTV inspection on 10% of the sanitary and storm sewers annually. It currently has approximately 650,000m (650km) of storm, sanitary, and combined sewers. A reasonable time frame for inspection of these sewers would be every ten years, resulting in a need to inspect 65,000m (65km) every year through video inspection. The video inspection and associated works allows the collection of the following asset condition assessment information: 0611 -2- In formation Resulting Action Sustainable Benefits Sewers with minor Suitable for trenchless • Repair has a reduced cost defects repair over traditional construction methods • Limited disruption to the public • Asset Life Extended Sewers with Suitable for flushing • Reduces the risk of sewer sediment buildup or maintenance backups and emergency physical call -ins obstructions Sewers with roots Suitable for root • Reduces the risk of sewer and root balls cutting backups obstructing flow • Asset Life Extended Sewers with large Suitable for trenchless • Increases the capacity of amounts of inflow spot repairs or full the sewer allowing for and infiltration sewer rehabilitation further development without system expansion or upgrades • Reduces pumping and treatment costs • Asset Life Extended Sewers with Suitable for sewer • Repair has a reduced multiple minor rehabilitation by cost over traditional defects or major trenchless technology construction methods as defects it avoids the traditional approach of street excavation and assures limited disruption to the public. Sewers beyond Requires full • Recommendations made repair replacement to add the sewer to the capital funding program for full replacement • Full condition assessment allows for prioritization within the capital program. As noted above, CCTV video inspection provides a means for collecting valuable condition assessment information used to determine the most suitable and cost- effective repair method or action required. All of the actions above result in either an extended asset life, the prevention of serious sudden sewer failures or backups and the prioritization of the project on the capital program which will represent cost savings to the ratepayers of Saint John Water and the taxpayers of the City of Saint John, while at the same time improving the level of service. E:ii] -3- All video inspections will be provided to the City in an electronic format, easily stored and accessed utilizing the City's existing CCTV software for future reference. STRATEGIC ALIGNMENT The CCTV Inspection and Flushing Program aligns with Council Priorities for Grow as it allows for the City to continue its growth trajectory by ensure infrastructure capacity, and Green, as the program prevents bypasses to the environment and allow us to reduce the amount of energy required to treat wastewater by reducing the amount of inflow and infiltration. SERVICE AND FINANCIAL OUTCOMES Properly inspected and maintained sewer systems significantly increases the life and usefulness of the sewer system, which in turn helps to provide for a suitable environment of socio-economic development. This program helps identify issues in the sewer before they become a problem or cause a sewer backup, and also provides guidance on what sewers need to be replaced on the capital program or repaired prior to asphalt resurfacing. The total estimated cost of the one year standing offer agreement will be approximately $411,375.00 plus HST, which will be managed within the 2023 approved Water and Sewerage Utility and General Fund budgets. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Supply Chain Management Supply Chain Management facilitated the Request for Proposal (RFP) process to solicit proposals for CCTV Video Inspection. As such the RFP closed on Wednesday, March 29th, 2023 with the following companies responding by submitting proposals: MacVac Environmental Inc. (Dieppe,NB) Eastern Trenchless Ltd. (Fredericton, NB) Birchhill Construction Ltd. (Moncton, NB) Robinson's Septic & Waste Inc. (I<illareny, NB) A review committee, consisting of staff from Supply Chain Management and Saint John Water reviewed the submission for completeness and compliance with the RFP requirements and selection criteria consisting of the following: E:1iI -4- 1. Quality and Completeness 2. Proponent's Experience 3. Experience and Qualification of Key Personnel 4. Equipment 5. Cost The proposal submitted by Eastern Trenchless Ltd. was ranked highest by the evaluation committee and met all the requirements set forth in the RFP. The above process is in accordance with the City's Procurement Policy and Supply Chain Management support the recommendation being put forth. Risk Management The City currently has immunity from backups or issues relating to storm, sewer water and water systems through provisions in the Local Governance Act S. 177. Those provisions provide that the City would not be responsible in the case of nuisance, meaning simply providing the service or owning the infrastructure does not necessarily make the City responsible when the system may fail unless the City did something wrong to cause damages to others. Having said that, there have been cases when the courts have decided that if a City does not have a reasonable system of reporting, inspection and maintenance they have been found liable for damages to private property by essential "ignoring" potential issues. In simple terms, we must have ongoing preventative maintenance systems in place to proactively manage the water and sewer systems but also to be able to demonstrate when there is a leak or backup situation that the system is being managed. The court system will look for a reasonable prevention system and reoccurring inspections based on reasonable criteria to allow the City to exercise the immunity provided for in the Local Governance Act. ATTACHMENTS N/A E-1YA PROCLAMATION WHEREAS: Lyme disease is one of the fastest growing vector -borne illnesses in the world; and WHEREAS: the population of ticks, the primary vector for the transmission of Lyme disease in New Brunswick and other parts of Canada, is growing and expanding in New Brunswick; and WHEREAS. the number of New Brunswickers suffering from Lyme disease is increasing from one year to the next; and WHEREAS. awareness plays a key role in making this disease known to the public as well as the steps to take to prevent contacting the disease; NOW THEREFORE: I, Mayor Donna Noade Reardon, of Saint John do hereby proclaim the month of May 2023 as Lyme disease Awareness Month in the City of Saint John. In witness whereof I have set my hand and affixed the official seal of the Mayor of the City of Saint John. 83 r� 'The city of saint John PROCLAMATION WHEREAS: It is imperative that communities across Canada be reminded of the importance of Sun Safety; WHEREAS: Over -exposure to UV Radiation is one of the major causes of Melanoma and Non -melanoma skin cancers; WHEREAS: Skin Cancer is the most common of all cancers. 1 in 6 Canadians born in the 1990s will get skin cancer in their lifetimes; WHEREAS: Many people seek sun without taking the advisable precautionary measures and are unaware that any darkening of skin colour, including a tan, is indicative of UV damage; WHEREAS. Skin self-examinations should be performed on a monthly basis because skin cancers are highly treatable when detected early; WHEREAS. Save your Skin Foundation is dedicated to the fight against non -melanoma skin cancers, melanoma and ocular melanoma through nationwide education, advocacy, and awareness initiatives. NOW THEREFORE: I, Mayor Donna Noade Reardon, of Saint John do hereby declare the month of May 2023 as Melanoma and Skin Cancer Awareness Month in The City of Saint John. In witness whereof I have set my hand and affixed the official seal of the Mayor of the City of Saint John. 84 Staff Recommendation for Council Resolution Property: 55 McDonald Street Public Hearing: May 1, 2023 Item: Required: Recommendation (Y/N) Municipal Plan No Amendment Zoning By -Law No Amendment Recission of No Previous s. 39/s. 59 Conditions Section 59 Yes That Common Council amend the Section 59 conditions Conditions imposed on the April 14, 2008, rezoning of the property located at 55 McDonald Street, also identified as PID numbers 00319939, 55188825, 55189948 and 55189955, as amended on November 23, 2015, by deleting condition (a) and replacing it with the following: a) The use of the site is limited to the following uses in site in addition to those uses permitted in the Utility Service (US) Zone: • An operations complex for Saint John Transit; • Business Office; • Community Centre; • Community Policing Office; • Crisis Care Facility; • Day Care Centre; • Emergency Services Facility; • Fleet/Vehicle Maintenance and Repair including but not limited to the maintenance, repair and storage of City of Saint John vehicles and equipment in addition to Saint John Transit vehicles; • Recreation Facility; • Transit Terminal; • Transportation Depot; • Transportation Terminal. Section 59 No Agreement Section 131 No Agreement Other No E-111 E:11.1 PLANNING ADVISORY COMMITTEE April 19, 2023 Her Worship Mayor Donna Noade Reardon and Members of Common Council Your Worship and Councillors: SUBJECT: Section 59 Amendment Application 55 McDonald Street On March 20, 2023, Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its April 18, 2023, meeting. Mr. Kevin Loughery, of The City of Saint John Transit and Fleet Services, appeared before the Committee and offered to answer any questions from members of the Committee relating to the application. No other persons appeared before the Committee and no letters were received regarding the application. Following consideration of the presentations, the Committee adopted Staff Recommendation. 1.94-1 The City of Saint John RECOMMENDATION: 1. That Common Council amend the Section 59 conditions imposed on the April 14, 2008, rezoning of the property located at 55 McDonald Street, also identified as PID numbers 00319939, 55188825, 55189948 and 55189955, as amended on November 23, 2015, by deleting condition (a) and replacing it with the following: (a) The use of the site is limited to the following uses in site in addition to those uses permitted in the Utility Service (US) Zone: • An operations complex for Saint John Transit; • Business Office; • Community Centre; • Community Policing Office; • Crisis Care Facility; • Day Care Centre; Page 1 of 2 87 Transit and Fleet Services 55 McDonald Street April 19, 2023 • Emergency Services Facility; • Fleet/Vehicle Maintenance and Repair including but not limited to the maintenance, repair and storage of City of Saint John vehicles and equipment in addition to Saint John Transit vehicles; • Recreation Facility; • Transit Terminal; • Transportation Depot; • Transportation Terminal. Respectfully submitted, Brad Mitchell Vice Chair Attachments Page 2 of 2 88 The City of Saint Jahn Date: April 13, 2023 To: Planning Advisory Committee From: Growth & Community Services Meeting: April 18, 2023 SUBJECT Applicant: Transit and Fleet Services — City of Saint John Landowner: Saint John Transit Commission and The City of Saint John Location: 55 McDonald Street PI D: 55188825, 55189948, 55189955, 00319939 Plan Designation: Business Centre Existing Zoning: Utility Service (US) Zone Application Type: Section 59 Amendment Jurisdiction: The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed amendments to Section 59 conditions. Common Council will consider the Committee's recommendation at a public hearing on Monday, May 1, 2023. EXECUTIVE SUMMARY The applicant has applied to amend the Section 59 conditions on the site to allow for the maintenance, repair and storage of City of Saint John vehicles and equipment in addition to Saint John Transit vehicles. Page 1 of 7 89 Transit and Fleet Services 55 McDonald Street April 13, 2023 Approval of the application is recommended, along with an expanded scope of permitted uses, as the proposed additional use conforms to the policies established in the Municipal Plan and is of the same nature of uses already occurring on the site. RECOMMENDATION 1. That Common Council amend the Section 39 conditions imposed on the April 14, 2008, rezoning of the property located at 55 McDonald Street, also identified as PID numbers 00319939, 55188825, 55189948 and 55189955, as amended on November 23, 2015, by deleting condition (a) and replacing it with the following: (a) The use of the site is limited to the following uses in site in addition to those uses permitted in the Utility Service (US) Zone: • An operations complex for Saint John Transit; • Business Office; • Community Centre; • Community Policing Office; • Crisis Care Facility; • Day Care Centre; • Emergency Services Facility; • Fleet/Vehicle Maintenance and Repair including but not limited to the maintenance, repair and storage of City of Saint John vehicles and equipment in addition to Saint John Transit vehicles; • Recreation Facility; • Transit Terminal; • Transportation Depot; • Transportation Terminal. DECISION HISTORY At their meeting of March 25, 2008, the Planning Advisory Committee granted variances to permit the proposed development of the site with a maximum lot occupancy of 35%, a minimum of 85 off-street parking spaces, maximum driveway widths of 12.5 metres (41 feet) and a minimum landscaped parking setback of 4 metres (13 feet) for portions of the parking area adjacent to McDonald Street. The Committee also recommended the rezoning of the site to Utility Service (US) to permit the transit operations facility. On April 14, 2008, Common Council rezoned the site to Utility Service (US) to allow for the construction of a transit facility. Section 39 conditions were imposed relating to site development standards and limiting the use of the property to an operations complex for Saint John Transit. On November 9, 2015, Common Council amended the Section 59 conditions imposed on the 2008 rezoning to allow for a library as a permitted use in addition to an operations complex for Saint John Transit. The existing Section 59 conditions are provided in Attachment 3. Page 2 of 7 90 Transit and Fleet Services 55 McDonald Street April 13, 2023 ANALYSIS Proposal The applicant is proposing to amend the Section 59 conditions to allow for an additional use on the site. The additional use would see the maintenance, repair and storage of City of Saint John vehicles and equipment, in addition to Saint John Transit vehicles, occur at the facility. It is proposed that Fleet Services operations be relocated from Rothesay Avenue and Boars Head Road to the existing Transit Facility. The space currently occupied by Fleet Services on Rothesay Avenue, in the building known as the "Barns", would then be used for storage and allow for the relocation of Pedestrian and Traffic Services from Boars Head Road to Rothesay Avenue. Following the relocation, the North Depot on Boars Head Road could be sold for development. While an investment of $1.8 million is required to prepare the transit facility, the plan will realize savings of $2.9 million over a 20-year period including avoidance of future costs related to upgrades at the North Depot facility. Proceeds from the sale of the North Depot lands and potential for additional residential development on the Millidgeville Site would provide additional fiscal and non -monetary benefits to the overall project valuation. In addition, the relocation provides for an increased utilization of space at the Transit Facility which is currently under utilized and constructed to a higher standard with respect to energy efficiency and environmental protection and management than existing City vehicle maintenance facilities. Synergies will also be realized from concentrating repair and maintenance tasks at one facility and reduced overhead costs. Site and Neighbourhood The 3-hectare site contains the existing 11,148 square metre Saint John Transit Operations Facility housing the maintenance and administrative functions of the Transit Commission and the East Branch of the Saint John Free Public Library. Vehicle maintenance activities occur within the existing building and will continue to occur within the building. The surrounding neighbourhood consists of a mixture of commercial, institutional, and residential land uses. The former Loch Lomond Mall is located on the opposite side of McDonald Street and various small-scale businesses, with a mix of commercial zoning, are located along Loch Lomond Road. Further to the west of the site, along Loch Lomond Road, a school and two seniors care facilities are located on properties zoned Major Community Facility (CFM). Various forms of residential development including townhouses and single unit dwellings are located on the north and south sides of Loch Lomond Road and are mostly zoned One -Unit Residential (R1) and Two -Unit Residential (R2) with additional lands zoned Low -Rise Residential (RL) and Mid -Rise Residential (RM). A large undeveloped parcel of land zoned Heavy Industrial (IH) is located immediately south of the subject site. Municipal Plan and Zoning Municipal Plan The site is designated Business Centre in the Municipal Plan. Areas of the City designated Page 3 of 7 91 Transit and Fleet Services 55 McDonald Street April 13, 2023 Business Centre are envisioned to develop with a mix of commercial and light industrial uses that are more automobile dependent than those found in the Primary Centres. An assessment of the proposal with respect to relevant policies in the Municipal Plan is provided in Attachment 2. The existing site development conforms to the policy direction established in the plan regarding landscaping along the site frontages and periphery and the policy direction established in the Municipal Plan with respect to the land use vision for Business Centre areas and utility uses. The additional use requested is compatible with the existing uses of the site and will continue to align with the vision established in the Municipal Plan. Zoning The site was rezoned to Utility Service (US) in 2008 to allow for the construction of the transit operations facility. The rezoning was subject to conditions which limited the use of the site to the transit operations facility and requires the following site development standards: • Paving and curbing of all parking areas, loading areas, manoeuvring areas, and driveways. • Provision of adequate site drainage infrastructure. • Provision of underground electrical and telephone servicing. • Landscaping of all disturbed areas of the site not occupied by buildings, driveways, walkways, parking and loading areas, and extension of the required landscaping onto the City Street right-of-way to the edge of the street curb. • Limiting site access to a maximum of two driveways on McDonald Street and prohibiting access to the site from Tiffany Street and Loch Lomond Road. These site development standards have resulted in the construction of a building and site that incorporates high quality building finishes, an attractive street presentation and site development that is typical of modern-day standards for an urban commercial area. Landscaping incorporated with the initial construction, which has been maintained, has provided buffering between the site and abutting properties fronting on Loch Lomond Road and Tiffany Street. Community Planning staff note that no increase to the building footprint is proposed and no changes to the building fagades are proposed except for a ventilation grille for the proposed welding area and modifications to select overhead doors on the east facade. With respect to the additional repair and maintenance activities related to the general City fleet, it is noted that vehicle repair and maintenance activities are a component of the existing use of the site as a transit operations complex. The major change that will occur with the proposal will be an increase in the number of vehicles serviced at the site and a corresponding increase in the number of staff. Many of the vehicles within the City fleet such as fire apparatus, dump trucks, and construction equipment are of a comparable size to transit buses, so there will be no appreciable change in the maximum size of vehicles accessing the site. Vehicle maintenance Page 4 of 7 92 Transit and Fleet Services 55 McDonald Street April 13, 2023 activities will continue to be limited to the interior of the building, mitigating potential impacts on the surrounding neighbourhood. While traffic accessing the site will increase, a traffic study was not warranted. The design and construction of the transit facility accounted for a much larger transit fleet than is operated by the City. The facility was designed to accommodate over eighty 40-foot buses, eight to ten para- transit buses and associated staff. Projected growth in the transit fleet has not occurred since 2008 and the current transit fleet is approximately forty 40-foot buses, six 20-foot buses, and six para-transit buses. This is roughly half of the building's design capacity. The site is also located at an intersection of two arterial roadways and access onto McDonald Street orients the activities to this four -lane thoroughfare. Infrastructure Development and Fire and Emergency Services The proposed development has been reviewed by the City's Infrastructure Development Services. No concerns were identified with respect to water and sewer servicing or traffic impacts of the proposed development. Fire and Emergency Management Services is supportive of the concept. Amended Section 59 Conditions Section 59 conditions currently limit the use of the site to a transit operations facility and a library. The applicant is seeking to permit a new use, the maintenance, repair and storage of City of Saint John vehicles and equipment in addition to these two permitted uses. The property is zoned Utility Service (US) which is a zone specifically developed for a range of facilities which have a municipal or public utility function including works depots and water treatment facilities. This is the second application for an amendment to conditions imposed on the original 2008 rezoning to allow for an expanded scope of land uses on the site and within the existing building. Given this, Staff have reviewed the Zoning By -Law and are recommending an expanded scope of permitted land uses beyond that currently permitted and requested to allow for future uses to be established on the site without a future amendment to the conditions. This would provide flexibility should operational models require a need for additional uses hat are compatible with the main use of the facility as a transit operations facility. Given the City ownership of the site Community Planning is recommending an expanded scope of uses to provide for relocation of other municipal offices and operations or other compatible community uses to the facility should facility space and the need allow. While the overall scope of permitted uses in the US zone tend to be more industrial in nature, many such as the City's Municipal Operations centre on Rothesay Avenue and the Saint John Energy Facility on Simms Street include administrative functions which often have a public -facing service component. This aspect also Community Planning recommends the Section 59 conditions be amended to allow for the following permitted uses on the site in addition to those uses permitted in the Utility Service (US) Zone: Page 5 of 7 93 Transit and Fleet Services 55 McDonald Street April 13, 2023 • An operations complex for Saint John Transit; • Business Office; • Community Centre; • Community Policing Office; • Crisis Care Facility; • Day Care Centre; • Emergency Services Facility; • Fleet/Vehicle Maintenance and Repair including but not limited to the maintenance, repair and storage of City of Saint John vehicles and equipment in addition to Saint John Transit vehicles; • Recreation Facility; • Transit Terminal; • Transportation Depot; • Transportation Terminal. Conclusion The proposed Section 59 Amendment conforms to the policy direction in the Municipal Plan and the site development conforms to the conditions imposed on the original rezoning. Approval of the Section 59 amendment is recommended. ALTERNATIVES AND OTHER CONSIDERATIONS No alternatives are proposed. ENGAGEMENT Proponent The proponent has provided written notification of the proposal to landowners within 100 metres of the subject property. City In accordance with the Committee's Rules of Procedure, notification of the proposal was mailed to landowners within 100 metres of the subject property on April 5, 2023. Notice of the rezoning was posted on the City of Saint John website on April 5, 2023. APPROVALS AND CONTACT Author Manager Commissioner Mark Reade, P.Eng., MCIP, RPP Jennifer Kirchner, MCIP, RPP Jacqueline Hamilton, MCIP, RPP Contact: Mark Reade Telephone: (506) 721-0736 Email: Mark.Reade@saintjohn.ca Application: 23-0048 Page 6 of 7 94 Transit and Fleet Services 55 McDonald Street April 13, 2023 APPENDIX Map 1: Aerial Photography Map 2: Future Land Use Map 3: Zoning Attachment 1: Site Photography Attachment 2: Municipal Plan Policy Review Attachment 3: Existing Section 59 conditions Submission 1: Floor Plans Page 7 of 7 95 E E LO LO rn 0 0 0 0 0 O � v CD0 o CD N x O O m p O U_ 0 0 m Z O O U' 22 C O C O 0 � � E N U m a) E-- goo CO M O O O ID J 2 2 U � � Q � O d N M :, c h LO r X O O m O O 5 U_ O O m U 0 0 0 LU E E U O M i O 5 O N N � N 0 O L � J = T U L6 L6 N LL �+ Q N T - E E Z O 'O 0� U Lo 2 `o L d U) (DFu � - N fN 7 U)N CT N cu 'O C J N m = N 7 7 LL N N i N L6 � d M L) N Q p o N U) a � O N M 0) •C: N N N Cn ca 0 r) U LO LO 0 PV O O O O Lo o LO q 4 CD CDs U_ O O m O Z O O 0 U) U- _ D U 1 L 1 d U U U 2 � rn c O N fN N i N (6 � d N co E O o N u) 2 N M i -_ r i 9 e � Y A0� OPMEEN N O romp mom: OMEN f�r mm NONE MEMO Milos I 4� 1 U Q s s Q Q � 1 L 4� L10 � p ._ O Ln s m O a) Ln U q 4� a) N ro c O 0 U 5 LO LO cr- a) c co d ro Q U 7 N c a) E s U f6 Q 4-1 a; 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b) The developer must pave all parking areas, loading areas, manoeuvring areas and driveways with asphalt and enclose them with cast -in -place concrete curbs where necessary to protect the landscaped areas and to facilitate proper drainage; c) The developer must provide adequate site drainage facilities in accordance with a detailed drainage plan, prepared by the developer and subject to the approval of the Chief City Engineer or his designate; d) The developer must provide all utilities underground, including power and telephone from the terminus of the existing overhead facilities; e) The developer must landscape all disturbed areas of the site not occupied by buildings, driveways, walkways, parking and loading areas, and the required landscaping must extend onto the City street right-of-way to the edge of the street curb; f) Access to the site is limited to a maximum of two driveways on McDonald Street, as generally indicated on the submitted proposal, the exact location and design of which is subject to the approval of the Chief City Engineer or his designate. There shall be no access to the site from Tiffany Street or Loch Lomond Road; g) The site shall not be developed except in accordance with a detailed site plan and building elevation plans, prepared by the developer and subject to the approval of the Development Officer, indicating the location of all buildings, parking areas, driveways, loading areas, signs, exterior lighting, exterior building materials and finishes, landscaped areas and other site features; h) The approved plans mentioned in conditions (c) and (g) above must be attached to the application for building permit for the development, except that such plans are not required for permit applications for site preparation and/or foundation only; i) All site improvements shown on the approved site plan and drainage plans, except for landscaping, must be completed prior to the opening of the facility for business; and the landscaping must be completed within one year of building permit approval; and further that upon the rezoning of the area, the land and any building or structure thereon must be developed and used in conformity with the proposal and conditions identified herein. `[oya 4��� o emeg Z __._.C---_._.___4_____`_______ 1— Fri z w — — —����� 1' o—i z a a zzw Q I N I QII 4 4 4 4 4 Q II I ry� — - - -��77 f 2 il �- - wok 3gp yE iN' - K =es C7 a-iEE a_ _ c�wg a_____ o O ? d a a U O F oFo Z ka'd off? lj dh`J 1VS &< 4d Ed Zd ld lM S3dA1b001d S3dA10NI1130 S3dA1 N011llbtld NOIN31NI S3dAl lltlM i ICI€ ? _ a o v0 c$ mo 6 a �ooa, — �t — � e EN Pi�7 - 47 k x OR BEINNUES J Tu 8N _ � ae a <a o x ,a n 4 aau w a NY X / Q a u a id > Q= soe 0El- z z Eoe§ 0 a Al FT � nQi � oEN M � z c� z L O O U cn O 4-JO 0 � O � � O f'a a-1 • 41 f'a N Q E _ •� 0LL 4-1 4-1 C: fa O � c: m Ln O -1 C: U •- O � �_ -1 4 � > • U f'a N a--+ c: t�A 0 O a-1 LU Q /t `r k � � •+ � s5 Y55 1 0 CL 0 L a r T;m _ IT" i riLL y ' 9 i� Iyaw. "j� a) cy) D .C: Q U C/) C/) 70 J U � L E .- cn O a) U CD C: CD O pip CD O � 0 C) Q .cy) 0) C: O � N � � Q 00 • U O •C: N =3 E 7> o O T -0--+ o E L o o � U O � U C/) C/) 'X O W QL O L n ITS 0 7 i C6 i _0 ate., C: C: fa N E — _0 E N fu Ln r-I a••' N O O � N +j Ln .E N N � •Q U L-n C: O U N C6 N fu N — .E Q C�0 N ,i N u i O p L C6 N � _0_ •U M 4-J a_' N _N U N > N — > E Q —0 O Ln cL U m Q m U a..+ Q • .C� _N •� � •— ateJ G Q U 0 J W O O .E O Q ca J O L N N cn 'X � •� • 42 L � � O O v' •U U � Q -0 O LCL +j W 41 � U — , O u U- f6 + + 0) U E E O U aA U_ O a E E O U ate+ QJ N N U U v U cn U cn u' � w %` � - 0 ° U 41 oC N f6 H o O - o Q f6 H O - 0 Q f6 H ►•ll cn N O N Q O L- Q � O O Q � 4-00-O C: Q O � � U N N L a)a N O M cn N L- O -6--o N4 a) LO O — O L r a� wo� O N a) cn O 0- cn CD .L N LJ O O N U O N N N cn �-0 L a) aU �a) o� O N a) U E E O U O _cn m cn �� .0 E C CU N > Cn cn a)N N -o--j O u- E O O 4-0 �cn 4-0 L- N O O OL-0 oC: a-L i O O CD O O E 0 cn N O Q Q O z c 0 c m E E 0 m U a O .E N Q O O� N E Q cn a) cn U O U m Q �U .C: E L— O O m O cn Development Shop l�il)NG XTRAIIIC-]hl..� r �INCUFSArtvTJoxty OneStop@saintjohn.ca Phone:658-2911 Fax:632-6199 General Application Form GROWTH & COMMUNITY SERVICES CITY OF SAINT JOHN LOCATION CIVIC ADDRESS : PID # : LU HERITAGE AREA: Y / N INTENSIFICATION AREA: Y / N FLOOD RISK AREA: Y / N APPROVED GRADING PLAN: Y / N Z) LL APPLICATION #: DATE RECEIVED: Q "' RECEIVED BY: APPLI CANT EMAIL PHONE Z 0 MAI LING ADDRESS POSTAL CODE H Q CONTRACTOR EMAIL PHONE O z — MAI LING ADDRESS POSTAL CODE H Z Q U J OWNER EMAIL PHONE CL CL Q MAI LING ADDRESS POSTAL CODE PRESENT USE: PROPOSED USE: BUILDING PLANNING INFRASTRUCTURE HERITAGE Q❑ INTERIOR RENOVATION ❑ NEW CONSTRUCTION ❑ VARIANCE ❑ STREET EXCAVATION ❑ HERITAGE DEVELOPMENT Q ❑ EXTERIOR RENOVATION ❑ ACCESSORY BLDG ❑ PLANNING LETTER ❑ DRIVEWAYCULVERT ❑ HERITAGESIGN H ❑ ADDITION ❑ POOL ❑ PAC APPLICATION ❑ DRAINAGE ❑ HERITAGEINFILL J Q ❑ DECK ❑ DEMOLITION ❑ COUNCIL APP ❑ WATER & SEWERAGE ❑ HERITAGE DEMO Y w ❑ CHANGE OF USE ❑SIGN ❑SUBDIVISION ❑OTHER El OTHER 2 U ❑ MINIMUM STANDARDS ❑ OTHER ❑OTHER LL Saint John Transit and the City of Saint John are seeking changes to the existing Section 59 conditions placed on the Saint John 0 zo Transit Facility located at 55 McDonald Street. This amendment will allow for the presence of the City of Saint John Fleet Services 0 2 Department and allow for the following operations at the Facilit • maintenance repair and storage of City of Saint John vehicles wand equipment. The amendment will also allow for the associated administrative and supervisory office amenities and staff facilities related to the City of Saint John Fleet Services Department. ❑ I consent to the City of Saint John sending to me commercial electronic messages, from time to time, regarding City initiatives and incentives. General Collection Statement This information is being collected in order for the City of Saint John to deliver an existing program / service; the collection is limited to that which is necessary to deliver the program / service. Unless required to do so by law, the City of Saint John will not share your personal information with any third party without your express consent. The legal authority for collecting this information is to be found in the Municipalities Act and the Right to Information and Protection of Privacy Act. For further information or questions regarding the collection of personal information, please contact the Access & Privacy Officer: City Hall Building 15 Market Square Saint John, NB E21, IE8 CommonClerk@saintjohn.ca (506)658-2862 7M uty ph, I, the undersigned, hereby apply for the permit(s) or approval(s), indicated above for the work described on plans, submissions and forms herewith submitted. This application includes all relevant documentation necessary for the applied for permit(s) or approvall's). I agree to comply with the plans, specifications and further agree to comply with all relevant City By-laws and conditions imposed. Applicant Name Applicant Signature Date 12 eeaq,p utS,Shop Council Application GROWTH & COMMUNITY SERVICES CITY OF SAINT JOHN CIVIC ADDRESS I APPLICATION # I FEE PAID I Y I N TYPE OF APPLICATION Land for Public Purposes Release Application Fee: $350 Section 59 Amendment Application Fee: $2,650 Non -Conforming Use Application Fee: $250 Zoning By-law Amendment Application Fee: $2,650 Satisfactory Servicing Application Fee: $350 Zoning By-law Amendment with Municipal Plan Amendment Application Fee: $3,700 DETAILED DESCRIPTION OF APPLICATION Where applicable, indicate the changes to existing Section 59 conditions, zoning, or Municipal Plan designation being requested. Attach site plans, building elevations, floor plans, and other documentation to fully describe the application. The submission of a preliminary proposal and a Pre -Application Meeting is encouraged prior to seeking approval. Please contact the One Stop Development Shop at (506) 658-2911 or OneStop@saintjohn.ca for further information. Saint John Transit and the City of Saint John are seeking changes to the existing Section 59 conditions placed on the Saint John Transit Facility located at 55 McDonald Street. This amendment will allow for the presence of the City of Saint John Fleet Services Department and allow for the following operations at the Facility; maintenance, repair and storage of City of Saint John vehicles and equipment. The amendment will also allow for the associated administrative and supervisory office amenities and staff facilities related to the City of Saint John Fleet Services Department." ENCUMBRANCES Describe any easements, restrictive covenants, and other encumbrances affecting the land. AUTHORIZATION As of the date of this application, I, the undersigned, am the registered owner of the land described in this application or the authorized agent thereof, and I have examined the contents of this application and hereby certify that the information submitted with the application is correct insofar as I have knowledge of these facts, and I hereby authorize the applicant to represent this matter and to provide any additional information that will be necessary for this application. Registered Owner or Authorized Agent Additional Registered Owner Date Date The information contained in this application and any documentation, including plans, drawings, reports, and studies, provided in support of this application will become part of the public record. Council Application Form 2021 06 01 124 Radtke, Travis From: Burgess, Aimee Sent: March 9, 2023 5:23 PM To: Radtke, Travis Subject: FW: City of Saint John / Saint John Transit - PAC & Council - Section 59 Applications Attachments: 2022-02-07 - Council Report - 13.2 - Committee Report - Approved Motion.pdf; 2022-02-07 - Council Report - 13.2 - Committee Report.pdf, 2023-01-09 - 2023-003 - Council Report - Construction Award - Approved Motion.pdf; 2023-01-09 - 2023-003 - Council Report - Construction Award.pdf, 140164248_SJ Fleet_arch_re-ift STAMPED.pdf, Council Application (002).pdf, General Application (1).pdf, Y7-595-ENG-RevO-TENDER- C-01 C-1 (1).pdf, 2022-01-26 - Finance Committee Report - North Depot Relocation - Business Case - Approved Motion.pdf, 2022-01-26 - Finance Committee Report - North Depot Relocation - Business Case.pdf From: Loughery, Kevin <kevin.loughery@saintjohn.ca> Sent: Thursday, March 9, 2023 4:13 PM To: Burgess, Aimee <Aimee.Burgess@saintjohn.ca> Cc: Reade, Mark <mark.reade@saintjohn.ca>; MacKinnon, Ian <Ian.MacKinnon @saintjohn.ca>; Barton, Jason <jason.barton@saintjohn.ca>; Yammine, Samir <samir.yammine@saintjohn.ca>; Freake, Charles <charles.freake@saintjohn.ca>; Cusack, Tom <tom.cusack@saintjohn.ca>; Dobbelsteyn, David <David.Dobbelsteyn@saintjohn.ca>; Kirchner, Jennifer <jennifer.kirchner@saintjohn.ca> Subject: City of Saint John / Saint John Transit - PAC & Council - Section 59 Applications Good Afternoon Aimee, As per our telephone conversation, please find attached and below the information I was advised to include. o Completed application forms -Please find attached. o Proposed Floor Plans - Please find attached. o Site Plan of facility showing exterior operations and parking areas - Please find attached. o Written description of activities that will occur following the relocation and the operations facilities that these activities will be relocated from - Please find below. o $2650 application fee - Capital budget 210-2712-951-5005 project # 22UC19 o Previous Council and Committee Reports and Resolutions - Please find attached. Written description of activities: The City of Saint John Fleet Services will perform preventative maintenance, repairs, and seasonal maintenance on vehicles and equipment. Additionally, the Welding and Body Shop, within Fleet Services, will repair, refurbish, fabricate, paint, and perform collision damage repair services for the City's fleet. All these activities are currently being performed on the site for Saint John Transit and should not represent a substantial change of use for the facility. Currently, Fleet Services operates out of the City's' Rothesay Avenue facility with the main garage housed at the rear of the property and the administrative offices in the main front building. Fleet Services also operates three other small maintenance sites: Manawagonish Road, McAllister Drive and Adelaide Street. These facilities will continue to be utilized and maintained post relocation. `1091 Should you have any questions or concerns, please feel free to contact me via the information provided below. Best regards, Kevin (P SAINT JOHN Kevin Loughery Senior Manager, Transit and Fleet / Gestionnaire principal, Transit et Flotte Transportation & Public Works / Services du Transport et des Travaux Publics City of Saint John / La Ville de Saint John Cell / Cellulaire: (506) 721-1362 Website I Facebook I Twitter I Instagram ` -1 Lu z C HA ON L . .... P-M ME ,E, HE 01 HH, I -H N,� �Doz 4 sx os .j ......... . 12 S7 as an. 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Reason for Change: To allow for the facility to be used for the storage, repair, and maintenance of City vehicles in addition to maintenance of the City's transit fleet. For details on how to inspect the amendment, or to register to participate, please contact the Office of the Common Clerk at CommonClerk@saintjohn.ca. Written objections to the amendment may be provided in writing and/or verbally at the Public Hearing to be held by Common Council. To register for participation in the hearing, please contact the City Clerk's Office in advance at commonclerk@saintjohn.ca Written objections to the amendment may be sent to the undersigned at City Hall. If you require French services for a Common Council meeting, please contact the office of the Common Clerk. Jonathan Taylor, Common Clerk (506) 658-2862 Projet de Modification de I'ar'ticle 59 Objet : 55 rue McDonald Par les presentes, un avis public est donne par lequel le conseil communal de The City of Saint John indique son intention d'examiner une proposition lors de la reunion ordinaire qui se tiendra dans la salle du conseil le lundi 1 mai 2023 a 18 h 30 en apportant les modifications suivantes Modifier des conditions imposees en vertu de I'article 59, le 14 avril 2008, et modifiees le 23 novembre 2015, relativement au rezonage de la propriete situee au 55, rue McDonald, et portant des NIDs 55188825, 55189948, 55189955 et 00319939, pour permettre une proposition revisee. Raison de la Modification : La modification elargirait les utilisations autorisees des terres pour inclure 1'entretien, la reparation et 1'entreposage des vehicules des vehicules municipaux, en plus des vehicules de transport en commun municipaux. Pour plus de details sur la fagon d'inspecter la modification ou pour vous inscrire pour participer, veuillez contacter le Bureau du greffier commun a CommonClerk@saintjohn.ca. Les objections ecrites a la modification peuvent titre fournies par ecrit et/ou verbalement lors de I'audience publique qui sera tenue par le conseil municipal. Pour vous inscrire a I'audience, veuillez contacter le bureau du greffier municipal a I'avance a commonclerk@saintjohn.ca Veuillez faire part de vos objections au projet de modification par ecrit a I'attention du soussigne a I'hotel de ville. Si vous avez besoin des services en frangais pour une reunion de Conseil Communal, veuillez contacter le bureau du greffier communal. Jonathan Taylor, greffier communal ` 191 (506) 658-2862 Staff Recommendation for Council Resolution File/Application: Housekeeping Amendments — Zoning By -Law Public Hearing: May 1, 2023 Item Required: Recommendation (Y/N) Municipal Plan No Amendment Zoning By -Law Yes That Common Council give 1St and 2nd reading to By -Law Amendment Number C.P. 111-XX a Law To Amend The Zoning By -Law of The City of Saint John. Other No 3rd Reading Proposed date for 3rd Reading May 15, 2023 Item: Required: Recommendation (Y/N) Municipal Plan No Amendment Zoning By -Law Yes That Common Council give 3rd reading to By -Law Number Amendment C.P. 111-XX a Law To Amend The Zoning By -Law of The City of Saint John. Recission of No Previous s. 39/s. 59 Conditions Section 59 No Conditions Section 59 No Agreement Section 131 No Agreement Other No liEN PLANNING ADVISORY COMMITTEE April 19, 2023 Her Worship Mayor Donna Noade Reardon and Members of Common Council Your Worship and Councillors: SUBJECT: Zoning By-law Text Amendments On March 20, 2023, Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its April 18, 2023 meeting. 1.94-1 The City of Saint John Jennifer Kirchner, Manager of Community Planning with Growth and Community Services, appeared before the Committee and provided an overview of the proposed amendments. No members of the public spoke during the Public Hearing portion of the meeting. Following consideration of the staff presentation, the Committee unanimously adopted the Staff Recommendation. RECOMMENDATION: 1. That Common Council adopt the attached by-law amendment entitled "By-law No. C.P. 111-xx, A Law to Amend the Zoning By -Law of The City of Saint John." Respectfully submitted, Brad Mitchell Vice Chair Attachments Page 1 of 1 143 The City of Saint Jahn Date: April 13, 2023 To: Planning Advisory Committee From: Growth & Community Services Meeting: April 18, 2023 SUBJECT Applicant: The City of Saint John Application Type: Zoning By-law Amendment Jurisdiction: The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed amendments to the Zoning By-law. Common Council will consider the Committee recommendation at a public hearing on Monday, May 1, 2023. EXECUTIVE SUMMARY Community Planning Staff have initiated the second in an ongoing series of Zoning By -Law amendments to either clarify existing By -Law standards or address contemporary planning issues that have arisen through the administration of the current regulations. The focus of this set of amendments is to address the placement of shipping containers in certain zones and to expand and clarify the land uses associated with Supportive Housing and Supportive Facility. This is part of an ongoing effort to rationalize and clarify the provisions of the Zoning By -Law, streamline the approvals process and reduce red tape, to provide a better customer service to the citizens of Saint John, and to ensure that our Zoning By-law facilitates the creation of new housing units. RECOMMENDATION 1. That Common Council adopt the attached by-law amendment entitled "By-law No. C.P. 111-xx, A Law to Amend the Zoning By -Law of The City of Saint John." Page 1 of 7 144 City of Saint John Zoning By -Law: Administrative Amendments April 13, 2023 ANALYSIS Background On December 15, 2014, Common Council adopted the current Zoning By -Law (ZoneSJ). This new Zoning By -Law was the first deliverable of the One -Stop Development Shop, grounded in best practices in land use planning and entrenching our community standards as promoted by Saint John's 2012 Municipal Development Plan (PlanSJ). Since adoption, there have been amendments to the By -Law focused on three areas: • response to development applications, • Provincial and Federal legislative changes such as cannabis legalization, and • staff -initiated amendments. Staff initiated amendments, often referred to as "Housekeeping Amendments," focus on issues such as operational izing the implementation of the One -Stop Development Shop and as a means of continuous improvement responding to trends in urban planning and land development. The most recent amendments were undertaken in late 2022 and addressed a variety of topics including a number of housing related changes. City Staff have prepared additional amendments for adoption that seek to streamline the review of development applications involving shipping containers within certain zones and improvements related to the housing continuum associated with supportive housing and supportive facility. The proposed series of amendments align with Council's Strategic priorities of Perform, Grow and Belong. Staff will continue to assess the City's Zoning By-law and will move forward with additional amendments that address emerging planning issues. An overview of the proposed amendments is provided below: Shipping Containers Over the past several years, staff have seen an increased interest in the use of shipping containers within the City for accessory uses. Currently, applications dealing with shipping containers are dealt with on a site -by -site basis and are taken to the Planning Advisory Committee (PAC) for a PAC variance. The proposed amendments will address the use of shipping containers on industrial and rural properties as accessory uses, allowing those applications to be addressed by the Development Officer. The use of Shipping Containers within the City is subject to the standards in the Zoning Bylaw including sections related to accessory buildings, and zone standards related to setbacks. Depending on the size of the container, it will require either a Development Permit or Building Permit. The use of the container can only be used to support one of the permitted uses established within the Zone. The proposed amendments will address the following: • establishment of a definition of "shipping container" • allowing the use of a shipping container as a temporary special event structure Page 2 of 7 145 City of Saint John Zoning By -Law: Administrative Amendments April 13, 2023 establishment of "shipping container" as an accessory use in zones outlined below: o Light Industrial (IL) o Medium Industrial (IM) o Heavy Industrial (IH) o Pit and Quarry (PQ) o Transportation (T) o Utility Service (US) o Utility Service Landfill (USL) o Future Development (FD) o Rural Use (RU) o Green Energy Zone (GE) Staff will continue to undertake further research on the broader use of shipping containers for residential and commercial uses in order to determine if future amendments are required to facilitate these uses or to establish specific zoning standards. Supportive Housing and Supportive Facility As part of the City's Affordable Housing Action Plan, staff have been moving forward with amendments which will help facilitate the creation of new housing units within the community. Staff has identified a need to assess the existing uses of Supportive Housing and Supportive Facility to determine what amendments are needed to ensure an efficient development approval process. Over the last few years, staff have noted issues with the Supportive Housing definition and use standards. A number of applications have been required to seek PAC approval for a similar and compatible use, as the proposed developments do not align with the resident cap and are not licensed operations. In order to address these concerns, staff are proposing to establish three uses which will replace the two existing definitions, and to separate the licensed facilities and large-scale seniors housing from those unlicensed establishments that provide wrap -around services. Currently, if an application does not align with the definition and use standards, the application would require approval by PAC to permit the use. This would be followed by the required building permit application. The PAC approval process takes approximately two months, which occurs prior to the respective timeline for the building permit application review and issuance. The proposed amendments will facilitate a more streamlined approach and would allow many of these applications to be considered permitted uses. This would mean that an applicant could directly apply for a building permit and would no longer be subject to the two month timeline needed to receive the PAC planning approval. The following chart outlines the current standards for the two uses, whereas the subsequent sections discuss the proposed Zoning By-law amendments. Page 3 of 7 146 City of Saint John Zoning By -Law: Administrative Amendments April 13, 2023 Current Zoning By-law Standards Supportive Housing Supportive Facility Definition An establishment licensed or approved by a (a) An establishment licensed or approved government agency that provides care and by a government agency that provides care or supervision on a 24-hour basis by or supervision to residents on a 24-hour professional staff to a maximum of 9 basis by professional staff residents under the age of 19 or to a or (b) An establishment devoted to retired maximum of 9 residents of any age residents where common amenities and pursuant to the Family Services Act, but not services, including communal dining, are both. provided exclusively to senior residents Provincial A provincial license is required. A provincial license is required for Licensing establishments as described in section (a) of the definition. A provincial license is not required for seniors' retirement homes or communities as descripted in section (b) of the definition. Resident A maximum of 9 residents is allowed. There is no established resident count for Count the use, although specific zones have restrictions: RC Zone: Maximum of 18 Residents RM: Maximum of 9 Residents As outlined earlier, non -licensed establishments that provide wrap -around services do not align with the existing uses and are required to seek approval as a similar and compatible use. This requires an extended approval process through PAC. Supportive Housing The new supportive housing definition is as follows: "an establishment that provides housing with wrap -around services to individuals or family units. The services may include monitoring, counselling, teaching, life skills development, and the use of common living spaces. The definition does not include rooming houses." This new definition will focus on operations that are not licensed facilities, but which provide wrap -around services to both individuals and families. Many of our local non-profit housing providers have been developing these types of supportive housing operations that provide life skill development and may serve as transitional housing for those moving through the housing continuum. Staff have proposed to allow the Supportive Housing operations to have up to 12 dwelling units, that can serve either individuals or families. This proposed increase from the existing cap of 9 residents, aligns with the most recent development proposals which have required PAC approval as a similar and compatible use. This new standard will address the types of projects being brought forward by our local non-profit housing providers and enable the Development Officer to grant approvals to these projects. This use will continue to be permitted in a variety of Page 4 of 7 147 City of Saint John Zoning By -Law: Administrative Amendments April 13, 2023 residential and commercial zones. Staff are proposing to eliminate it as a permitted use within the Park (P) zone, as it does not align with the overall intent of the zone. Supportive Facility — Minor The new supportive facility — minor definition is as follows: "an establishment licensed or approved by a government agency that provides care and/or supervision on a 24-hour basis by professional staff to a maximum of 10 residents under the age of 19 or to a maximum of 9 residents of any age pursuant to Provincial Licensing standards, but not both." The intention of the new use is to address small-scale licensed facilities that were previously included under the Supportive Housing definition. This is part of the move to separate licensed and non -licensed facilities, with the exception of senior residences. Through this newly established use, it provides a clear distinction between licensed facilities and housing with wrap- around services, and acknowledges that the current approach of a singular definition is no longer meeting the evolving nature of these types of developments. The definition and resident count were created to align with the smaller scale licensed facilities as established through various Provincial legislation for both adult and child residents. Facilities of this size can be accommodated in a variety of residential and commercial zones and can be incorporated into existing buildings and neighbourhoods. This use is proposed to be permitted within the same zones identified for Supportive Housing, which will support their integration across the City. Supportive Facility — Maior The new supportive facility — major definition is as follows: "(a) An establishment licensed or approved by a government agency that provides care and or supervision to 10 or more residents on a 24-hour basis by professional staff or (b) An establishment devoted to retired residents where common amenities and services, including communal dining, are provided exclusively to such senior residents" The proposed use supports two types of operations, the first being licensed facilities with a minimum of 10 residents. This use supports more intensive Supportive Facility operations within the City, which are often located on larger parcels of land in order to design and construct facilities that align with their licensing requirements. This use would include senior care homes and nursing facilities that are often located along major transportation routes. The second type of operation is seniors' retirement homes/communities. These facilities are typically independent living style apartment buildings or housing complexes for seniors, which could be co -located with senior care homes to provide access to a broader housing continuum. Page 5 of 7 148 City of Saint John Zoning By -Law: Administrative Amendments April 13, 2023 These operations are often large in scale and are located in close proximity to amenities that serve the specific population. Due to the intensity of this land use, they are permitted in medium to higher density residential zones along with select commercial and community use zones, which are designed and located for more intensive land uses and often have largely lot sizes to support larger buildings and site development. The following chart provides a summary of the differences between the three proposed uses: Supportive Housing Supportive Facility — Supportive Facility — Minor Major Provincial No license is required. Provincial licensing is A provincial license is Licensing required. required for establishments as described in section (a) of the definition. A provincial license is not required for seniors' retirement homes or communities as descripted in section (b) of the definition. Resident A maximum of 12 A maximum of 10 residents 10 or more residents Count residential units for either under the age of 19 individuals or families or A maximum of 9 residents of any age Zones Urban Centre Residential Urban Centre Residential Urban Centre Residential (RC) (RC) (RC) High -Rise Residential (RH) High -Rise Residential (RH) High -Rise Residential (RH) Mid -Rise Residential (RM) Mid -Rise Residential (RM) Mid -Rise Residential (RM) Low -Rise Residential (RL) Low -Rise Residential (RL) Uptown Commercial (CU) Two -Unit Residential (R2) Two -Unit Residential (R2) Campus Research One -Unit Residential (R1) One -Unit Residential (R1) Commercial (CRC) Suburban Residential (RSS) Suburban Residential (RSS) Neighbourhood Community Rural Settlement (RS) Rural Settlement (RS) Facility (CFN) Rural Residential (RR) Rural Residential (RR) Major Community Facility Rural Mixed Residential Rural Mixed Residential (CFM) (RMX) (RMX) Uptown Commercial (CU) Uptown Commercial (CU) Campus Research Campus Research Commercial (CRC) Commercial (CRC) General Commercial (CG) General Commercial (CG) Mixed Commercial (CM) Mixed Commercial (CM) Local Commercial (CL) Local Commercial (CL) Rural General Commercial Rural General Commercial (CRG) (CRG) Neighbourhood Community Neighbourhood Community Facility (CFN) Facility (CFN) Major Community Facility Major Community Facility (CFM) (CFM) Rural (RU) Rural (RU) Page 6 of 7 149 City of Saint John Zoning By -Law: Administrative Amendments April 13, 2023 Conclusion The proposed amendments conform to the policy direction in the Municipal Plan and the City's Affordable Housing Action Plan. Through the undertaking of these amendments, staff are ensuring that the Zoning By-law continues to evolve to meet the changing needs of the community and to address emerging development trends including the use of shipping containers for accessory buildings and the evolving nature of the housing continuum. ALTERNATIVES AND OTHER CONSIDERATIONS No other alternatives have been considered. It should be noted that any further changes to the Zoning By-law would require consideration by both the Planning Advisory Committee and Common Council as required by the Community Planning Act. ENGAGEMENT City Notice of the Public Hearing for the proposed By -Law amendments will be posted on the City of Saint John website on April 6, 2023. APPROVALS AND CONTACT Author I Commissioner Jennifer Kirchner, MCIP, RPP I Jacqueline Hamilton, MCIP, RPP Contact: Jennifer Kirchner Telephone: (506) 639-7933 Email: Jennifer. Kirchner@saintjohn.ca APPENDIX Attachment 1: By-law No. C.P. 111-xx, A Law to Amend the Zoning By -Law of The City of Saint John Page 7 of 7 150 By -Law Number C.P. 111-XX A Law to Amend the Zoning By-law of the City of Saint John Be it enacted by The City of Saint John in Common Council convened, as follows: The Zoning By-law of The City of Saint John enacted on the fifteenth day of December, A.D. 2014, is amended by: 1. Section 3.1 is amended by adding the definition for "shipping container" immediately after the words "service station" as follows: "shipping container" means an enclosed unit used or intended to be used for storing and transporting goods via ship, rail or truck, whether or not it is actually used for such a purpose or has been modified from that purpose. 2. Section 3.1 is amended by deleting "supportive facility" and replacing it with the following: "supportive facility — major" means (a) An establishment licensed or approved by a government agency that provides care and or supervision to 10 or more residents on a 24-hour basis by professional staff; or (b) An establishment devoted to retired residents where common amenities and services, including communal dining, are provided exclusively to such senior residents "supportive facility — minor" means an establishment licensed or approved by a government agency that provides care and or supervision on a 24-hour basis by professional staff to a maximum of 10 residents under the age of 19 or to a maximum of 9 residents of any age pursuant to Provincial Licensing standards, but not both. 3. Section 3.1 is amended by deleting "supportive housing" and replacing it with the following: "supportive housing" an establishment that provides housing with wrap -around services to individuals or family units. The services may include monitoring, counselling, teaching, life skills development, and the use of common living spaces. The definition does not include rooming houses. 4. Section 8.17 is amended by deleting subsection 8.17 and replacing it with the following: 8.17 (a) Except as otherwise provided by this By-law, a shipping container, a farm tractor, a motor vehicle, a road building machine, a tractor engine, a tractor trailer, or any other vehicle drawn, propelled or driven by any kind of power regardless of whether such vehicle has been modified or no longer functions or resembles a vehicle, shall not be permitted in any zone as a main building or structure or as an accessory building or structure. 8.17 (b) A shipping container may be used as an accessory building or structure in the following zones, subject to the rules of that zone for an accessory building or structure. • Light Industrial (IL) • Medium Industrial (IM) • Heavy Industrial (IH) • Pit and Quarry (PQ) • Transportation (T) • Utility Service (US) • Utility Service Landfill (USL) • Future Development (FD) • Rural Use (RU) • Green Energy Zone (GE) 5. Section 9.2 is amended by deleting 9.2(f) and replacing it with the following: 9.2(f) No home day care, home occupation, garden suite, neighbourhood day care, secondary suite, supportive housing or supportive facility is permitted in any building on the lot. 6. Section 9.4 is amended by deleting 9.4(f) and replacing it with the following: 9.4(f) No bed and breakfast, garden suite, home occupation, neighbourhood day care, secondary suite, supportive housing or supportive facility is permitted in any building on the lot. 7. Section 9.5 is amended by deleting 9.5(a)(vi) and replacing it with the following: 151 9.5(a)(vi) No bed and breakfast, home occupation, garden suite, neighbourhood day care, secondary suite, supportive housing or supportive facility is permitted in any building on the lot. 8. Section 9.5 is amended by deleting 9.5(b)(viii) and replacing it with the following: 9.5(b)(viii) No bed and breakfast, home occupation, garden suite, neighbourhood day care, secondary suite, supportive housing or supportive facility is permitted in any building on the lot. 9. Section 9.8 is amended by deleting 9.80) and replacing it with the following: 9.80) No bed and breakfast, home day care, home occupation, neighbourhood day care, secondary suite, supportive housing or supportive facility is permitted in any building on the lot. 10. Section 99(2) is amended by deleting 99(2)(i) and replacing it with the following: 99(2)(i) No bed and breakfast, garden suite, home day care, neighbourhood day care, secondary suite, supportive housing or supportive facility is permitted in any building on the lot. 11. Section 9.13 is amended by deleting 9.13(i) and replacing it with the following: 9.13(i) No bed and breakfast, garden suite, home day care, home occupation, neighbourhood day care, supportive housing or supportive facility is permitted in any building on the lot. 12. Section 9.14 is amended by deleting 9.14(a) and replace it with the following: 9.14(a) Supportive housing shall be limited to a maximum of 12 dwelling units; 13. Section 9.14 is amended by deleting 9.14(e) and replace it with the following: 9.14(e) No bed and breakfast, garden suite, home day care, home occupation, neighbourhood day care, secondary suite, or supportive facility is permitted in any building on the lot. 14. Section 9.17 is amended by deleting 9.17(5) and replace it with the following: 9.17(5) Nothing in this By-law shall prevent a structure erected for a special occasion or holiday, such as, but not limited to, a banner, an inflated balloon, an inflated character, a pennant, a search light, a spinner, a streamer, a shipping container or a tent provided the temporary special occasion structure is removed within seven days after the event. 15. Section 10 is amended by deleting the word "Supportive Facility" in Table 10-1 and replacing it with "Supportive Facility - major". 16. Section 10 is amended by adding to Table 10-1 the following words under the following headings: Use Zone Permitted Supportive RC, RH, RM, RL, R2, Facility - RI, RSS, RS, RR, RMX minor 17. Subsection 101(1) is amended by deleting the words "Supportive Facility, subject to subsection 101(2)" and replacing it with "Supportive Facility - major, subject to subsection 10.1(2);" 18. Subsection 10.1(1) is amended by adding the words "Supportive Facility - minor" immediately after the words "Supportive Facility - major, subject to subsection 10.1(2);" 19. Subsection 10.2(1) is amended by deleting the words "Supportive Facility" and replacing it with "Supportive Facility - major;" 20. Subsection 10.2(1) is amended by adding the words "Supportive Facility - minor" immediately after the words "Supportive Facility -major;" 152 21. Subsection 10.3(1) is amended by deleting the words "Supportive Facility, subject to subsection 10.3(2)" and replacing it with "Supportive Facility - major, subject to subsection 10.3(2);" 22. Subsection 10.3(1) is amended by adding the words "Supportive Facility - minor" immediately after the words "Supportive Facility - major, subject to subsection 10.3(2);" 23. Subsection 10.3(2) is amended by deleting 10.3(2)(b) and replacing it with the following: 10.3(2)(b) A Rooming House, or Supportive Facility - major permitted in subsection 10.3(1) shall be subject to the following: (i) The lot shall only contain one of these land uses, and shall be at least 60 metres away from another lot in the RC zone that also contains one of these above uses; and (ii) A Rooming House shall be limited to a maximum of nine residents. 24. Subsection 10.4(1) is amended by adding the words "Supportive Facility - minor" immediately after the words "Secondary Suite, subject to section 9.13;" 25. Subsection 10.5(1) is amended by adding the words "Supportive Facility - minor" immediately after the words "Secondary Suite, subject to section 9.13;" 26. Subsection 10.6(1) is amended by adding the words "Supportive Facility - minor" immediately after the words "Secondary Suite, subject to section 9.13;" 27. Subsection 10.7(1) is amended by adding the words "Supportive Facility - minor" immediately after the words "Secondary Suite, subject to section 9.13;" 28. Subsection 10.9(1) is amended by adding the words "Supportive Facility - minor" immediately after the words "Secondary Suite, subject to section 9.13;" 29. Subsection 10.10(1) is amended by adding the words "Supportive Facility - minor" immediately after the words "Secondary Suite, subject to section 9.13;" 30. Subsection 10.11(1) is amended by adding the words "Supportive Facility - minor" immediately after the words "Secondary Suite, subject to section 9.13;" 31. Section 11 is amended by deleting the word "Supportive Facility" in Table 11-1 and replacing it with "Supportive Facility - major". 32. Section 11 is amended by adding to Table 11-1 the following words under the following headings: Use Zone Permitted Supportive CU, CRC, CG, CM, Facility - CL, CRG minor 33. Subsection 11.1(1) is amended by deleting the words "Supportive Facility" and replacing it with "Supportive Facility - major;" 34. Subsection 11.1(1) is amended by adding the words "Supportive Facility - minor" immediately after the words "Supportive Facility - major;" 35. Subsection 11.3(1) is amended by deleting the words "Supportive Facility" and replacing it with "Supportive Facility - major;" 36. Subsection 11.3(1) is amended by adding the words "Supportive Facility - minor" immediately after the words "Supportive Facility - major;" 37. Subsection 11.7(1) is amended by adding the words "Supportive Facility - minor" immediately after the words "Service Station, subject to paragraph 11.7(3)(d);" 153 38. Subsection 11.8(1) is amended by adding the words "Supportive Facility - minor" immediately after the words "Service and Repair, Household;" 39. Subsection 11.9(1) is amended by adding the words "Supportive Facility - minor" immediately after the words "Service and Repair, Household;" 40. Subsection 11.11(1) is amended by adding the words "Supportive Facility - minor" immediately after the words "Service Station, subject to paragraph 11.11(3)(c);" 41. Section 13 is amended by deleting the word "Supportive Facility" in Table 12-1 and replacing it with "Supportive Facility — major". 42. Section 13 is amended by adding to Table 13-1 the following words under the following headings: Use Zone Permitted Supportive CFN, CFM Facility — Minor 43. Subsection 13.1(1) is amended by deleting the words "Supportive Facility" and replacing it with "Supportive Facility — major;" 44. Subsection 13.1(1) is amended by adding the words "Supportive Facility - minor" immediately after the words "Supportive Facility - major;" 45. Subsection 13.2(1) is amended by deleting the words "Supportive Facility" and replacing it with "Supportive Facility — major;" 46. Subsection 13.2(1) is amended by adding the words "Supportive Facility - minor" immediately after the words "Supportive Facility - major;" 47. Section 14 is amended by adding to Table 14-1 the following words under the following headings: Use Zone Permitted Supportive RU Facility — minor 48. Section 14 is amended by deleting the word "Supportive Housing" in Table 14-1 and replacing it with the following words under the following headings: Use Zone Permitted Supportive RU Housing 49. Subsection 14.l(1) is amended by deleting "Supportive Housing, subject to 9.14;" 154 Ifr `Y��1� _fir I s Z '> 0 ch A QL � U � U C6 O U C/) cU c� U o o a- o U — O m E � cn C6 O a)a- O cn N caa) = � o� o _ O U 'U cn cu : . 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O L '� .0 0 _O -r- o 4-0 Q O O O = 'cQ }' (� a)D O 0 +a)_ V 0 > =3 U 0Q. •� 0 4-0cn Q • � Q U O -a N -0 Q -0 cn - CU N N a) cr0 � N t _ N m� C O Q E m_ .0 4-0N O E Q cn , O cn a) N � a)CL N O cn = '� m tt cn >' N -0 C: ♦= O >, U m a •� � = m Q O� O F N 0)� O O � o N Q tt .0 _0 0 0 in cn N 'cn .v 0 o N��-o r- r- Q mej 0 cn �J 0 0 0 QL 0 M N O N t� PROPOSED AMENDMENT TO THE ZONING BY-LAW OF THE CITY OF SAINT JOHN PUBLIC HEARING Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending The Zoning By- law of The City of Saint John (By-law Number C.P. 111) at its regular meeting to be held in the Council Chamber on Monday, May 1, 2023 at 6:30 p.m. PROJET DE MODIFICATION DE L'ARRETE DE ZONAGE DE THE CITY OF SAINT JOHN AUDIENCE PUBLIQUE Par les presentes, un avis public est donne par lequel le conseil communal de The City of Saint John a ('intention de modifier I'Arrete de zonage de The City of Saint John (arrete no C.P. 111), au cours de la seance ordinaire qui aura lieu dans la salle du conseil le lundi 1 mai 2023 a 18 h 30. The amendment affects a number of sections La modification touche un certain nombre of the Zoning By-law and includes the d'articles de I'Arrete de zonage et comprend following: 1. Amended definitions for two land uses "supportive facility" and "supportive housing"; and 2. Amended provisions relating to the use of shipping containers as accessory buildings and structures in certain zones. The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of Growth and Community Development Services, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Thursday, inclusive, holidays excepted. Written objections to the amendment may be sent to the undersigned at City Hall. If you require French services for a Common Council meeting, please contact the office of the Common Clerk. ce qui suit : 1. Modification des definitions de deux utilisations des terres, a savoir o installation de soutien » et logement supervise ». 2. Modification des dispositions relatives a ('utilisation de conteneurs d'expedition en tant que batiments et structures annexes dans certaines zones. Toute personne interessee peut examiner la modification proposee au bureau du greffier communal ou au bureau du Service de la croissance et du developpement communautaire a I'hotel de ville situe au 15, Market Square, a Saint John, au Nouveau - Brunswick, entre 8 h 30 et 16 h 30 du lundi au jeudi, sauf les jours feries. Veuillez faire part de vos objections au projet de modification par ecrit a I'attention du soussigne a I'hotel de ville. Si vous exigez des services en frangais pour une reunion du conseil communal, veuillez communiquer avec le bureau du greffier communal. `[:�! The proposed Zoning By-law amendment may be read by section number only if no member of Council objects. Jonathan Taylor, Common Clerk (506) 658-2862 Le projet de modification de I'Arrete de zonage peut faire I'objet d'une lecture par numbro d'article seulement si aucun membre du conseil ne s'y oppose. Jonathan Taylor, greffier communal (506) 658-2862 `M BY-LAW NUMBER C.P.111-XX A LAW TO AMEND THE ZONING BY-LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: ARRETE No C.P. 111-XX ARRETE MODIFIANT L'ARRETE DE ZONAGE DE THE CITY OF SAINT JOHN Le conseil communal de The City of Saint John, etant reuni, edicte ce qui suit : The Zoning By-law of The City of L'Arrete de zonage de The City of Saint John enacted on the fifteenth day of Saint John, edicte le 15 decembre 2014, est December, A.D. 2014, is amended by: ainsi modifie : 1. Section 3.1 is amended by adding the definition for "shipping container" immediately after the words "service station" as follows: "shipping container" means an enclosed unit used or intended to be used for storing and transporting goods via ship, rail or truck, whether or not it is actually used for such a purpose or has been modified from that purpose. 1. L'article 3.1 est modifie par adjonction de la definition du terme « conteneur d'expcdition » qui suit immediatement apres la definition du terme construction principale v : conteneur d'expcdition » Bloc ferme utilise on destine a titre utilise pour 1'entreposage et le transport de biens par navire, train on camion, qu'il soit effectivement utilise a cette fin on non et meme s'il a etc modifie de sorte a ne plus pouvoir servir a cette fin. 2. Section 3.1 is amended by deleting 2. L'article 3.1 est modifie par abrogation "supportive facility" and replacing it de la definition du terme with the following: « etablissement de soutien » et par son remplacement par cc qui suit: "supportive facility — major" means (a) An establishment licensed or approved by a government agency that provides care and or supervision to 10 or more residents on a 24-hour basis by professional staff or (b) An establishment devoted to retired residents where common amenities and services, including communal dining, are provided exclusively to such senior residents. "supportive facility — minor" means an establishment licensed or approved by a government agency that provides care and/or supervision on a 24-hour basis by professional staff to a maximum of 10 residents under the age of 19 or to a maximum of 9 residents of any age pursuant to Provincial Licensing standards, but not both. etablissement de soutien pour majeurs » S'entend de cc qui suit: a) un etablissement agree par un organisme gouvernemental on titulaire d'un permis delivre par un tel organisme, ou un personnel professionnel fournit des soins on assure une surveillance, on les deux, 24 heures sur 24, a 10 residants on plus; b) un etablissement destine a des residants retraites oii des agrements et services communs, y compris les repas, sont dispenses exclusivement a ces residants ainss. etablissement de soutien pour mineurs » Etablissement agree par un organisme gouvernemental on titulaire d'un permis delivre par un tel organisme, ou un personnel professionnel fournit des soins on assure une surveillance, on les deux, 24 heures sur 24, a un maximum de 10 residants ages de moins de 19 ans on a un maximum de 9 residants de tons ages conformement aux normes provinciales d'attribution des permis, mais pas aux deux. 166 3. Section 3.1 is amended by deleting "supportive housing" and replacing it with the following: "supportive housing" an establishment that provides housing with wrap- around services to individuals or family units. The services may include monitoring, counselling, teaching, life skills development, and the use of common living spaces. The definition does not include rooming houses. 4. Section 8.17 is amended by deleting subsection 8.17 and replacing it with the following words: 8.17 (a) Except as otherwise provided by this By-law, a shipping container, a farm tractor, a motor vehicle, a road building machine, a tractor engine, a tractor trailer, or any other vehicle drawn, propelled or driven by any kind of power regardless of whether such vehicle has been modified or no longer functions or resembles a vehicle, shall not be permitted in any zone as a main building or structure or as an accessory building or structure. 8.17 (b) A shipping container may be used as an accessory building or structure in the following zones, subject to the rules of that zone for an accessory building or structure. • Light Industrial (IL) • Medium Industrial (IM) • Heavy Industrial (IH) • Pit and Quarry (PQ) • Transportation (T) • Utility Service (US) • Utility Service Landfill (USL) • Future Development (FD) • Rural Use (RU) • Green Energy Zone (GE) 5. Section 9.2 is amended by deleting 9.2(f) and replacing it with the following: 9.2(f) No home day care, home occupation, garden suite, neighbourhood day care, secondary 3. L'article 3.1 est modifie par abrogation de la definition du terme « logement avec services de soutien » et son remplacement par ce qui suit: logement avec services de soutien » Etablissement qui fournit a des personnes seules on a des unites familiales un logement avec services complets, pouvant notamment inclure la surveillance, le counseling, 1'enseignement, le developpement des habiletes fondamentales et 1'utilisation d'espaces de vie communes; cependant, la presente definition ne vise pas les maisons de chambres. 4. L'article 8.17 est abroge et remplace par ce qui suit: 8.17a) Sauf disposition contraire du present arre"te, ne sont permis dans aucune zone comme bdtiment principal on accessoire on comme construction principale on accessoire, les conteneurs d'expedition, les tracteurs agricoles, les vehicules A moteur, 1'equipement de construction routiere, les moeurs de tracteurs, les camions gros porteurs on tout autre vehicule tire, propulse on mfi par quelque force que ce soit, pen importe que ce vehicule ait ete modifie, ne fonctionne plus on ne ressemble plus A un vehicule. b) Un conteneur d'expedition pent etre utilise comme bdtiment on construction accessoire dans les zones suivantes, sous reserve des regles applicables aux bdtiments on constructions accessoires dans la zone : • zone d'industrie legere (IL) • zone d'industrie moyenne (IM) • zone d'industrie lourde (IH) • zone de carrieres et de gravieres (PQ) • zone de transports (T) • zone de services publics (US) • zone de services publics — decharge controlee (USL) • zone d'amenagement futur (FD) • zone rurale (RU) • zone d'energie verte (GE) 5. L'article 9.2 est modifie par abrogation de son alinea fl et son remplacement par ce qui suit : f) les foyers-garderies, activites professionnelles A domicile, pavillons- jardins, garderies de quartier, 167 suite, supportive housing or supportive facility is permitted in any building on the lot. 6. Section 9.4 is amended by deleting 9.4(f) and replacing it with the following: 9.4(f) No bed and breakfast, garden suite, home occupation, neighbourhood day care, secondary suite, supportive housing or supportive facility is permitted in any building on the lot. 7. Section 9.5 is amended by deleting 9.5(a)(vi) and replacing it with the following: 9.5(a)(vi) No bed and breakfast, home occupation, garden suite, neighbourhood day care, secondary suite, supportive housing or supportive facility is permitted in any building on the lot. 8. Section 9.5 is amended by deleting 9.5(b)(viii) and replacing it with the following: 9.5(b)(viii) No bed and breakfast, home occupation, garden suite, neighbourhood day care, secondary suite, supportive housing or supportive facility is permitted in any building on the lot. 9. Section 9.8 is amended by deleting 9.80) and replacing it with the following: 9.80) No bed and breakfast, home day care, neighbourhood day care, secondary suite, supportive housing or supportive facility is permitted in any building on the lot. logements accessoires, logements avec services de soutien et etablissements de soutien ne sont permis dans aucun batiment siue sur le lot. 6. L'article 9.4 est modifie par abrogation de son alinea f) et son remplacement par cc qui suit: f) les gites touristiques, pavillons- jardins, activites professionnelles a domicile, garderies de quartier, logements accessoires, logements avec services de soutien et etablissements de soutien ne sont permis dans aucun batiment siue sur le lot. 7. L'article 9.5 est modifie par abrogation de son sous-alinea a)(vi) et son remplacement par cc qui suit: (vi) les gites touristiques, activites professionnelles a domicile, pavillons- jardins, garderies de quartier, logements accessoires, logements avec services de soutien et etablissements de soutien ne sont permis dans aucun batiment siue sur le lot. 8. L'article 9.5 est modifie par abrogation de son sous-alinea b)(viii) et son remplacement par cc qui suit: (viii) les gites touristiques, activites professionnelles a domicile, pavillons- jardins, garderies de quartier, logements accessoires, logements avec services de soutien et etablissements de soutien ne sont permis dans aucun batiment siue sur le lot. 9. L'article 9.8 est modifie par abrogation de son alinea j) et son remplacement par cc qui suit: j) les gites touristiques, foyers- garderies, garderies de quartier, logements accessoires, logements avec services de soutien et etablissements de soutien ne sont permis dans aucun batiment siue sur le lot. 10. Section 99(2) is amended by deleting 10. Le paragraphe 99(2) est modifie par 99(2)(i) and replacing it with the abrogation de son alinea i) et son following: remplacement par cc qui suit : 9.2(i) No bed and breakfast, garden suite, home day care, neighbourhood day care, secondary suite, supportive housing or supportive facility is permitted in any building on the lot. i) les gites touristiques, pavillons- jardin,foyers-garderies, garderies de quartier, logements accessoires, logements avec services de soutien et etablissements de soutien ne sont 168 11. Section 9.13 is amended by deleting 9.13(i) and replacing it with the following: 9.13(i) No bed and breakfast, garden suite, home day care, home occupation, neighbourhood day care, supportive housing or supportive facility is permitted in any building on the lot. 12. Section 9.14 is amended by deleting 9.14(a) and replace it with the following: (a) Supportive housing shall be limited to a maximum of 12 dwelling units; 13. Section 9.14 is amended by deleting 9.14(e) and replace it with the following: (e) No bed and breakfast, garden suite, home day care, home occupation, neighbourhood day care, secondary suite, or supportive facility is permitted in any building on the lot. 14. Section 9.17 is amended by deleting 9.17(5) and replace it with the following: 9.17(5) Nothing in this By-law shall prevent a structure erected for a special occasion or holiday, such as, but not limited to, a banner, an inflated balloon, an inflated character, a pennant, a search light, a spinner, a streamer, a shipping container or a tent provided the temporary special occasion structure is removed within seven days after the event. 15. Section 10 is amended by deleting the word "Supportive Facility" in Table 10-1 and replacing it with "Supportive Facility — major". permis dans aucun bdtiment siue sur le lot. 11. L'article 9.13 est modifie par abrogation de son alinea i) et son remplacement par ce qui suit: i) les gites touristiques, pavillons- jardins, foyers-garderies, activites professionnelles a domicile, garderies de quartier, logements avec services de soutien et etablissements de soutien ne sont permis dans aucun bdtiment siue sur le lot. 12. L'article 9.14 est modifie par abrogation de son alinea a) et son remplacement par ce qui suit: a) les logements avec services de soutien peuvent contenir un montant maximal de 12 logements; 13. L'article 9.14 est modifie par abrogation de son alinea e) et son remplacement par ce qui suit: e) les g"rtes touristiques, pavillons- jardins, foyers-garderies, activites professionnelles d domicile, garderies de quartier, logements accessoires et etablissements de soutien ne sont permis dans aucun bdtiment sur le lot. 14. Le paragraphe 9.17(5) est abroge et remplace par ce qui suit : 9.17(5) Le present arrete n'a pas pour effet d'empecher 1'edification d'une construction en vue de la tenue d'une activite speciale on pour une fete, y compris notamment une banniere, un ballon gonfle, un personnage gonfle, un fanion, un projecteur, un objet toumant, une banderole, un conteneur d'expedition on une tente, a condition que la construction temporaire afferente a la tenue d'une activite speciale soit enlevee dans les 7 jours qui suivent sa tenue. 15. L'article 10 est modifie par suppression, an tableau 10-1, des mots o Etablissement de soutien » et leur remplacement par « Etablissement de soutien pour majeurs v. 16. Section 10 is amended by adding to 16. L'article 10 est modifie par adjonction Table 10-1 the following words under de ce qui suit an tableau 10-1, sous les the following headings: rubriques suivantes : 169 Use Zone Permitted Supportive RC, RH, RM, RL, R2, Facility - RI, RSS, RS, RR, RMX minor 17. Subsection 10.1(1) is amended by deleting the words "Supportive Facility, subject to subsection 10.1(2)" and replacing it with "Supportive Facility - major, subject to subsection 10.1(2);" 18. Subsection 10.1(1) is amended by adding the words "Supportive Facility - minor" immediately after the words "Supportive Facility - major, subject to subsection 10.1(2);" 19. Subsection 10.2(1) is amended by deleting the words "Supportive Facility" and replacing it with "Supportive Facility - major;" 20. Subsection 10.2(1) is amended by adding the words "Supportive Facility - minor" immediately after the words "Supportive Facility - major;" 21. Subsection 10.3(1) is amended by deleting the words "Supportive Facility, subject to subsection 10.3(2)" and replacing it with "Supportive Facility - major, subject to subsection 10.3(2);" 22. Subsection 10.3(1) is amended by adding the words "Supportive Facility - minor" immediately after the words "Supportive Facility - major, subject to subsection 10.3(2);" 23. Subsection 10.3(2) is amended by deleting 10.3(2)(b) and replacing it with the following: 10.3(2)(b) A Rooming House, or Supportive Facility - major permitted in subsection 10.3(1) shall be subject to the following: (i) The lot shall only contain one of these land uses, and shall be at least 60 metres away from another lot in the RC zone that also contains one of these above uses; and Usage Zone ou permis Etablissement RC, RH, RM, RL, R2, de soutien RI, RSS, RS, RR, pour mineurs RMX 17. Le paragraphe 10.1(1) est modifi6 par suppression de 1'entree « 6tablissement de soutien, sous r6serve du paragraphe 10.1(2); » et son remplacement par « 6tablissement de soutien pour majeurs, sous r6serve du paragraphe 10.1(2); ». 18. Le paragraphe 10.1(1) est modifi6 par insertion des mots « 6tablissement de soutien pour mineurs; » imm6diatement apres « 6tablissement de soutien pour majeurs, sous r6serve du paragraphe 10.1(2); ». 19. Le paragraphe 10.2(1) est modifi6 par suppression de 1'entree «6tablissement de soutien; v et son remplacement par 6tablissement de soutien pour majeurs; v. 20. Le paragraphe 10.2(1) est modifi6 par insertion de 1'entree « 6tablissement de soutien pour mineurs; » imm6diatement apres « 6tablissement de soutien pour majeurs; ». 21. Le paragraphe 10.3(1) est modifi6 par suppression de 1'entree «6tablissement de soutien, sous r6serve du paragraphe 10.3(2); » et son remplacement par « 6tablissement de soutien pour majeurs, sous r6serve du paragraphe 10.3(2); ». 22. Le paragraphe 10.3(1) est modifi6 par insertion de 1'entree «6tablissement de soutien pour mineurs; » imm6diatement apres o 6tablissement de soutien pour majeurs, sous r6serve du paragraphe 10.3(2); ». 23. Le paragraphe 10.3(2)b) est Am& et remplac6 par ce qui suit : b) Les maisons de chambres et les 6tablissements de soutien pour majeurs permis par le paragraphe 10.3(1) sont subordonn6s aux conditions suivantes : (i) un seul de ces usages de terrains ne pent &re exerc6 sur un lot et le lot doit se trouver a une distance minimale de 60 metres d'un autre lot dans la zone RC 170 (ii) A Rooming House shall be limited to a maximum of nine residents. 24. Subsection 10.4(1) is amended by adding the words "Supportive Facility - minor" immediately after the words "Secondary Suite, subject to section 9.13;" 25. Subsection 10.5(1) is amended by adding the words "Supportive Facility - minor" immediately after the words "Secondary Suite, subject to section 9.13;" 26. Subsection 10.6(1) is amended by adding the words "Supportive Facility - minor" immediately after the words "Secondary Suite, subject to section 9.13;" 27. Subsection 10.7(1) is amended by adding the words "Supportive Facility - minor" immediately after the words "Secondary Suite, subject to section 9.13;" 28. Subsection 10.9(1) is amended by adding the words "Supportive Facility - minor" immediately after the words "Secondary Suite, subject to section 9.13;" 29. Subsection 10.10(1) is amended by adding the words "Supportive Facility - minor" immediately after the words "Secondary Suite, subject to section 9.13;" 30. Subsection 10.1l(1) is amended by adding the words "Supportive Facility - minor" immediately after the words "Secondary Suite, subject to section 9.13;" 31. Section 11 is amended by deleting the word "Supportive Facility" in Table 11-1 and replacing it with "Supportive Facility - major". sur lequel est aussi exerce un de ces usages; (ii) les maisons de chambres ne doivent pas heberger plus de 9 residants. 24. Le paragraphe 10.4(1) est modifie par insertion de 1'entree « etablissement de soutien pour mineurs; v immediatement apres « ensemble d'habitations en ran gee ne comportant pas plus de 6logements; v. 25. Le paragraphe 10.5(1) est modifie par insertion de 1'entree « etablissement de soutien pour mineurs; » immediatement apres « activite professionnelle a domicile, sous reserve de Particle 9.9: ». 26. Le paragraphe 10.6(1) est modifie par insertion de 1'entree « etablissement de soutien pour mineurs; » immediatement apres « activite professionnelle a domicile, sous reserve de Particle 9.9; ». 27. Le paragraphe 10.7(1) est modifie par insertion de 1'entree « etablissement de soutien pour mineurs; » immediatement apres « activite professionnelle a domicile, sous reserve de Particle 9.9: ». 28. Le paragraphe 10.9(1) est modifie par insertion de 1'entree « etablissement de soutien pour mineurs; » immediatement apres « activite professionnelle a domicile, sous reserve de Particle 9.9; ». 29. Le paragraphe 10.10(1) est modifie par insertion de 1'entree « etablissement de soutien pour mineurs; » immediatement apres « activite professionnelle a domicile, sous reserve de Particle 9.9; ». 30. Le paragraphe 10.1l(1) est modifie par insertion de 1'entree « etablissement de soutien pour mineurs; » immediatement apres « activite professionnelle a domicile, sous reserve de Particle 9.9; ». 31. L'article 11 est modifie par suppression, an tableau 11-1, des mots bablissement de soutien » et leur remplacement par « bablissement de soutien pour majeurs ». 171 32. Section 11 is amended by adding to 32. L'article 11 est modifie par adjonction Table 11-1 the following words under de ce qui suit an tableau 11-1, sous les the following headings: rubriques suivantes : Use Zone Permitted Supportive CU, CRC, CG, CM, Facility - CL, CRG minor 33. Subsection 11.1(1) is amended by deleting the words "Supportive Facility" and replacing it with "Supportive Facility - major;" 34. Subsection 11.1(1) is amended by adding the words "Supportive Facility - minor" immediately after the words "Supportive Facility - major;" 35. Subsection 11.3(1) is amended by deleting the words "Supportive Facility" and replacing it with "Supportive Facility - major;" 36. Subsection 11.3(1) is amended by adding the words "Supportive Facility - minor" immediately after the words "Supportive Facility - major;" 37. Subsection 11.7(1) is amended by adding the words "Supportive Facility - minor" immediately after the words "Service Station, subject to paragraph 11.7(3)(d);" 38. Subsection 11.8(1) is amended by adding the words "Supportive Facility - minor" immediately after the words "Service and Repair, Household;" 39. Subsection 11.9(1) is amended by adding the words "Supportive Facility - minor" immediately after the words "Service and Repair, Household;" 40. Subsection 11.11(1) is amended by adding the words "Supportive Facility - minor" immediately after the words " Service Station, subject to paragraph 11. 1 1(3)(c); " 41. Section 13 is amended by deleting the word "Supportive Facility" in Table 13-1 and replacing it with "Supportive Facility - major". Usage Zone ou permis Etablissement CU, CRC, CG, CM, de soutien CL, CRG pour mineurs 33. Le paragraphe 11.1(1) est modifie par suppression de 1'entree « etablissement de soutien; v et son remplacement par etablissement de soutien pour majeurs; ». 34. Le paragraphe 11.1(1) est modifie par insertion de 1'entree « etablissement de soutien pour mineurs; » immediatement apres « etablissement de soutien pour majeurs; ». 35. Le paragraphe 11.3(1) est modifie par suppression de 1'entree « etablissement de soutien; » et son remplacement par etablissement de soutien pour majeurs; ». 36. Le paragraphe 11.3(1) est modifie par insertion de 1'entree « etablissement de soutien pour mineurs; » immediatement apres « etablissement de soutien pour majeurs; ». 37. Le paragraphe 11.7(1) est modifie par insertion de 1'entree « etablissement de soutien pour mineurs; » immediatement apres « epicerie; ». 38. Le paragraphe 11.8(1) est modifie par insertion de 1'entree « etablissement de soutien pour mineurs; » immediatement apres « epicerie; ». 39. Le paragraphe 11.9(1) est modifie par insertion de 1'entree « etablissement de soutien pour mineurs; » immediatement apres « epicerie; ». 40. Le paragraphe 11.11(1) est modifie par insertion de 1'entree « etablissement de soutien pour mineurs; » immediatement apres « epicerie; ». 41. L'article 13 est modifie par suppression, an tableau 13-1, des mots Etablissement de soutien » et leur remplacement par « Etablissement de soutien pour majeurs ». 172 42. Section 13 is amended by adding to 42. L'article 13 est modifie par adjonction Table 13-1 the following words under de ce qui suit an tableau 13-1, sous les the following headings: rubriques suivantes : Use Zone Permitted Supportive CFN, CFM Facility — Minor 43. Subsection 13.1(1) is amended by deleting the words "Supportive Facility" and replacing it with "Supportive Facility — major;" 44. Subsection 13.1(1) is amended by adding the words "Supportive Facility - minor" immediately after the words "Supportive Facility - major;" 45. Subsection 13.2(1) is amended by deleting the words "Supportive Facility" and replacing it with "Supportive Facility — major;" 46. Subsection 13.2(1) is amended by adding the words "Supportive Facility - minor" immediately after the words "Supportive Facility - major;" Usage Zone ou permis Etablissement CFN, CFM de soutien pour mineurs 43. Le paragraphe 13.1(1) est modifie par suppression de 1'entree « etablissement de soutien; » et son remplacement par etablissement de soutien pour majeurs; ». 44. Le paragraphe 13.1(1) est modifie par insertion de 1'entree « etablissement de soutien pour mineurs; » immediatement apres « etablissement de soutien pour majeurs; ». 45. Le paragraphe 13.2(1) est modifie par suppression de 1'entree « etablissement de soutien; » et son remplacement par etablissement de soutien pour majeurs; ». 46. Le paragraphe 13.2(1) est modifie par insertion de 1'entree « etablissement de soutien pour mineurs; » immediatement apres « etablissement de soutien pour majeurs; ». 47. Section 14 is amended by adding to 47 L'article 14 est modifie par adjonction Table 14-1 the following words under de ce qui suit an tableau 14-1, sous les the following headings: rubriques suivantes : Use Zone Permitted Supportive RU Facility — minor 48. Section 14 is amended by deleting the word "Supportive Housing" in Table 14-1 and replacing it with the following words under the following headings: Use Zone Permitted Supportive RU Housing 49. Subsection 14.1(1) is amended by deleting "Supportive Housing, subject to 9.14;" Usage Zone ou permis Etablissement RU de soutien pour mineurs 48. L'article 14 est modifie par suppression, an tableau 14-1, des mots Logement avec services de soutien » et leur remplacement par ce qui suit sous les rubriques suivantes : Usage Zone oft permis Logement RU avec services de soutien 49. Le paragraphe 14.1(1) est modifie par suppression de 1'entree « logement avec services de soutien, sous reserve de Particle 9.14; ». 173 - all as shown on the plan attached hereto - toutes les modifications sont indiquees sur and forming part of this by-law. la carte ci-jointe qui fait partie du present arre"te. IN WITNESS WHEREOF The City of Saint EN FOI DE QUOI, The City of Saint John John has caused the Corporate Common a fait apposer son sceau communal sur le Seal of the said City to be affixed to this by- present arre"te le 2023, law the * day of *, A.D. 2023 and signed by: avec les signatures suivantes Mayor/Maire Common Clerk/Greffier communal First Reading - Premiere lecture Second Reading - Deuxieme lecture Third Reading - Troisieme lecture 174 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 3,d 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." ARRETE No LG-15 ARRETE MODIFIANT L'ARRETE CONCERNANT LE REGLEMENT INTERIEUR DU CONSEIL COMMUNAL DE THE CITY OF SAINT JOHN Lors d'une reunion du conseil communal, The City of Saint John a decrete cc qui suit : Par les presentes, Farrete de The City of Saint John intitule «Arre"te concemant le reglement interieur du conseil communal de The City of Saint John », edicte le 3 mai 2021, est modifie comme suit 1 L'article 16.24 est abroge et remplace par cc qui suit: 16.24 Proposition presentee par un membre : avis an greffier, an directeur general et an Maire; delai Un membre qui souhaite inscrire un point a l'ordre du jour, autre qu'une des propositions presentees aux articles 16.19 a 16.23 inclusivement, aux fins d'etude par le conseil, dolt remettre la proposition au greffier, au directeur general et au maire, avant 16h le mercredi de la semaine qui precede immediatement le jour prevu de la tenue de la seance du conseil. » 2 L'article 16.26 est abroge et remplace par cc qui suit: 16.26 Proposition presentee par un membre par ecrit, formulaire, auteur, signature La proposition mentionnee a Particle 16.24 dolt &re soumise au greffier, an directeur general et au maire par ecrit en utilisant le formulaire intitule Avis de proposition a 1'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 signe par le membre qui soumet 1'Avis de proposition en personne ou electroniquement a partir du courriel de la ville du membre en question. » `rNel 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: Mayor/Maire 3 L'article 16 — « Propositions: ordre » est modifi6 par 1'adjonction des articles suivants imm6diatement apr6s Particle 16.26 : 16.27 Proposition presentee par un membre : lue dans le registre public, aucune discussion, aucun vote Le greffier place la proposition pr6sent6e par un membre a l'ordre du four de la prochaine seance du conseil. A cette seance, 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 effectu6 sur ladite proposition Tors de cette seance du conseil. » 16.28 Proposition presentee par un membre report& a la seance suivante La proposition pr6sent6e par un membre, mentionn6e a Particle 16.27, est report6e a l'ordre du jour de la seance suivante du conseil a laquelle le conseil pourra d6battre la proposition et un vote sur celle-ci pourra &re effectuL » 4 L'Annexe D ci jointe est ajout6e imm6diatement apr6s 1'Annexe C du present arr&6. EN FOIE DE QUOI, The City of Saint John a fait apposer son sceau municipal sur le present arr& le mai, 2023, avec les signatures suivantes. Common Clerk / Greffier communal First Reading - April 17, 2023 Second Reading - April 17, 2023 Third Reading - Premibre lecture - le 17 avri12023 Deuxibme lecture - le 17 avri12023 Troisibme lecture - Date Submitted Meeting Date Open or Closed Her/His Worship Mayor SCHEDULE D NOTICE OF MOTION 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 [ .vouncil Member lists the other Members of Council names of City Staff who have who have been consulted] 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 MAN 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: :ity 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.] `rE:3 ANNEXE D Avis de Proposition Date soumise Date de la seance du conseil Seance publique ou fermee au public Monsieur le/Madame la Maire et membres du conseil communal: SUJET. [Le membre du conseil decrit ici le sujet de la proposition] Auteur(e) Contribution des membres du Contribution de conseil I'administration [Nom du membre du conseil [Le membre du conseil liste ici [Le membre du conseil liste ici qui soumet la proposition] les autres membres du conseil le nom des employes de la qui ont ete consultes] ville qui ont ete consultes] PROPOSITION: [Le membre du conseil fournit ici le texte exact de la proposition. On encourage les membres du conseil a consulter les employes de la ville et le greffier pour de I'assistance.] CO NTEXTE: [Le membre du conseil fournit ici les details pertinents concernant la proposition. Le but de cette partie du formulaire est de fournir toute ('information necessaire et pertinente aux autres membres du conseil pour leur permettre de prendre une decision eclairee sur la proposition. Le membre du conseil devrait considerer inclure ce qui suit : 1. La raison de la proposition: presenter ici la question que la proposition tente d'adresser. On peut faire reference ici a des sources qui supportent la proposition, preferablement des sources objectives de tierces parties. 2. Le contexte de la proposition: considerer la competence de la ville a traiter la question soulevee par la proposition. Considerer aussi si la ville travaille deja sur la question. Si la ville y travaille deja, fournir les details de ce qui a ete entrepris et ('impact de la proposition sur ce travail deja entame. Le membre du conseil pourrait inclure ici une liste des decisions antecedentes sur la question et des plans ou autres documents adoptes par le conseil qui sont pertinents a la question soulevee dans la proposition, pour mieux decrire le contexte. 3. La solution proposee: la membre pourrait expliquer ici comment la proposition resoudra la question (ou comment elle la resoudra mieux si la ville y travaille deja). Le membre pourrait aussi fournir ici de ('information sur ('impact de la proposition (par exemple, si elle deplacera d'autres priorites, si elle causera des defis de ressources financieres, humaines et autres, etc.)] DIRECTION STRATEGIQUE: [Le membre du conseil decrit ici comment la proposition s'aligne avec la direction strategique et les priorites du conseil.] ENJEUX BUDGETAIRES: [Le membre du conseil liste ici les repercussions potentielles de la proposition sur le budget approuve par le conseil.] AUTRES CONTRIBUTIONS: [Le membre du conseil liste ici la liste des personnes qui ont ete consultees clans la preparation de la proposition, y inclut les employes de la ville, les autres membres du conseil, les agences, les autres parties prenantes, etc.] PIECES JOINTES [Le membre du conseiI Iiste ici et place en piece jointe toute information pertinente a la proposition.] `E:ii1 BY-LAW NUMBER L.G. 4-1 A BY-LAW RESPECTING THE CLOSING OF ROADS, STREETS OR HIGHWAYS IN THE CITY OF SAINT JOHN ARRETE No L.G. 4-1 ARRETE RELATIF A LA FERMETURE DES CHEMINS, DES RUES OU DES ROUTES DAN THE CITY OF SAINT JOHN Be it enacted by the Common Lors dune reunion du conseil Council of The City of Saint John as communal, The City of Saint John a decrete follows: cc 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: 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. 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: Par les presentes, 1'arrete de The City of Saint John intitule, « Arr&6 relatif a la fermeture des chemins, des rues on des routes dans The City of Saint John», decrete le 11 mars 2019, est modifie par 1'ajout de Particle 8 immediatement apres Particle 7, comme suit: 8 Par les presentes, The City of Saint John barre et ferme de fagon permanente la rue suivante : PROMENADE FIELDSTONE: Tome la partie de la promenade Fieldstone, une rue publique dans la ville de Saint John, comte de Saint John, dans la province du Nouveau - Brunswick, d'une superficie d'environ 231 metres carres comme le montre le plan d'arpentage intitule «Partie du plan d'arpentage indiquant la promenade Fieldstone, ville de Saint John, comte de Saint John, province du Nouveau - Brunswick)) prepare par Hughes Surveys & Consultants Inc. et date du 28 mars 2023, joint aux presentes. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le ** **** 2023, avec les signatures suivantes : Mayor/Maire City Clerk/Greffier communal First Reading -April 17, 2023 Premiere lecture - le 17 avril 2023 Second Reading -April 17, 2023 Deuxieme lecture - le 17 avril 2023 Third Reading - Troisieme lecture - 181 i E 0 c �t2 lz E < Q) E E COO 0 I El E- 'El 'o 3r to E Z 0 a us ap v =9 E -S 6 6 'C' Cn, :0, 'o 71 -ER o 0 o E f 'E 0 0� 6g E 5 1", ,- - 0 o a CL It 6 00 C L EN 2 M E . V) ----------------- N M ... ........... --on . . . . . . . . . . . . .......... ..... 1 1, Al I LZ E Cf) C a- < .�Oo* 0: a: COMMON COUNCIL REPORT M&C No. 2023-115 Report Date April 26, 2023 Meeting Date May 01, 2023 Service Area Strategic Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT. Internal Audit AUTHORIZATION Primary Author Commissioner/Dept. Chief Chair of the Finance Head Administrative Committee Officer Jodie Forgie Kevin Fudge J. Brent Councillor Gary McGovern Sullivan RECOMMENDATION The Finance Committee recommends that Common Council approve the attached Internal Audit Plan for 2023. EXECUTIVE SUMMARY The purpose of this report is to provide the internal audit plan for the 2023 calendar year which includes implementing Enterprise Risk Management. PREVIOUS RESOLUTION Finance Committee — April 26, 2023— "Finance Committee recommends the approval of the Internal Audit Plan for 2023 to Common Council". REPORT Internal audit is guided by the philosophy of adding value to improve the operations of the City. The internal audit services will support the strategic goals of the City, the ongoing projects and plans that the City is executing on and providing good governance and monitoring of internal controls. The Internal Audit Service reports administratively to the Chief Financial Officer and functionally through the Finance Committee to Common Council. There are many ways that internal audit can assist city stakeholders to address the diverse needs, which will benefit the City. The internal audit plan includes the completion of a 2022 approved internal audit and the roll out of Enterprise Risk Management. `E:191 -2- STRATEGIC ALIGNMENT The recommendations are in alignment with following a strong governance process, providing accountability, Financial Stewards and operational improvements. SERVICEAND FINANCIAL OUTCOMES Both Service and indirect financial outcomes are expected from the current work being proposed as it will aid management in identifying and mitigating risks to achieving the City's strategic objectives. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS N/A ATTACHMENTS Internal Audit Plan 2023 and Presentation on Internal Audit Plan `E:i! The City of Saint John Internal Audit Plan 2023 `E:16'7 About our services • Accomplishments in 2022: o Conducted a Health and Safety Audit which provided 24 recommendations to Management • Director reports administratively to the Chief Financial Officer and functionally to Common Council through the Finance Committee • Establish annual audit plans with a focus on the five priority areas approved by Common Council for 2021-2026 term • Perform examinations of the operations of the City and its affiliated bodies and report on status to Common Council • Assist Common Council in their governance role of ensuring the accountability of the Public Service for the quality of stewardship over public funds and for the achievement of value for money in City operations 1 2023 Audit Plan IiE:i.1 Our work in 2022 • Continued the work on the Trade and Convention Centre Contract Management • Conducted the Health and Safety Internal Audit • Prepared the scoping for the Market Square Contract Compliance Audit Getting better then yesterday • Increase the risk register evolution • Assess talent opportunities (outsourcing, recruitment) • Identify and leverage tools for continuous auditing and continuous monitoring • Continue to stay relevant through research, connections and education updates Audit workplan for 2023 • Focus on talent acquisition • Complete the 2022 approved internal audit • Continue ongoing administration of reoccurring audit activities (ie: management action plans, planning/updating, consulting/advisory for the City) • Build an Enterprise Risk Management (ERM) Framework and update the Risk Management Policy (Budget of $25,000) Audits on the Horizon • Depending on our resources we will come back later in the year with an additional audit for completion. Management Action Plan Update • ALL Health and Dental Internal Audit Recommendations are complete o No further actions from Internal Audit • Two Health and Safety Internal Audit Recommendations are due o One Complete o One In progress with new date of Q3 2023 o Remainder due over the next two years and Internal Audit will continue to monitor and report back 2 2023 Audit Plan IiF:1F/ Performance Audits (also known as Value for Money/Operational): Evaluates operational processes to provide assurance that objectives are met and whether improvements can be made based on effectivness, efficiency and economy. 000 )i®oo= too© Hsi LFinancial Audits: Assesses accuracy, completeness, and timeliness of financial reporting 1.Compliance/Regulatory Audits: Ensures adherence to established regulatory requirements and policies The three categories of audits The planning process provides a disciplined approach to the identification of potential audit projects. Formal planning has several benefits. The plan is based upon the risks and priorities that exist at a certain point in time. Since we are operating in a dynamic environment, risks and priorities are constantly changing. Audits can be requested throughout the year which will be assessed and included as necessary on the audit plan. When we believe it is in the best interests of the City, an adjustment will be made to the current audit plan. Changes to the plan and progress achieved on the plan will be reported to the Finance Committee each year. The Audit Planning process is comprehensive and comprises several activities: • identification and classification of auditable areas; • evaluation of audit areas against standard criteria and risk factors; • consultation with City Councillors and Senior Management and Staff; • updating of Service Risk Profiles; • consideration of resources available and required by project type; • selection of audit projects; • presentation of our proposed audit plan to Finance Committee for recommendation to Common Council; and • communication of our final audit plan to Common Council for approval. Enterprise Risk Management "A structured, consistent and continuous process across the whole organization for identifying, assessing, deciding on responses to and reporting on opportunities and threats that affect the achievement of its objectives" (The Institute of Internal Auditors). 2023 Audit Plan 190 Responsibility for ERM It is very important to note that Internal Audit will work in a consulting capacity and not assurance in this initiative. Internal Audit role will not be to make management decisions, the ultimate choice on risk tolerance and decisions will be with management. The key areas of contribution by Internal Audit will be: - Co-ordinating the ERM activities - Facilitating sessions with management on identifying and evaluating the risks - Reporting on ERM and ensuring it is kept up to date - Creating the ERM framework leveraging ISO 31000 as best practice in Risk Management Safeguards implemented In order for Internal Audit to work outside of the assurance role in ERM it is important to have appropriate safeguards in place such as: - Treating the engagement as consulting services - Clear communication on management responsibilities in relation to risk management - No risk management decisions will be made by Internal Audit, the manager of the applicable area will make the decisions - If an area is part of the Internal Audit responsibilities where risk management decisions need to be made, those areas will have a process of review performed by someone independent of Internal Audit - International Standards for the Professional Practice of Internal Auditing will be followed Continue to change Staying relevant is crucial to providing valuable information and recommendations to the City and it's stakeholders. Our goal is to consistently change. As we continue to build the Internal Audit services at the City you will start to recognize the audit plan and areas that stay constant, but you will continue to see something new in every plan going forward every year. C: 2023 Audit Plan We% ' a{ FYI . ; p l . :■ , _-41, .� .! \\` \ . � . . 2� .�)< `� • \ .�. � � � � . � ., . , > \ , ■� � ,\\� Q L Qj Z z a) m aJ N }' O N lD E N O U 'L O C- a ru O C- O ru (3.) V) (3.) L I Ln .i O ca rn O rq � � � � cn m O m m U N .i p Q � N � � =3 i E ca O O C: Q w X Q O w z C7 • • • • 0 0 0 N N N .E E O N U _0 N N U 'Q � L L.L C U a--+ N � N cn U N N ca U � . l— cn O cn +-+ N O }' > O U f ; O Q � ate-+ N r? Kjo 1 LA c O W 4--) \ p U o +- U Q N N t�A W � ca ca U Jc: Jc: � � ca � i I a Q A s � V . _ a--j buo v O a) ca O � Asia 10 S@IJO.O@le:) i-j E O E3 ice, a O ,� 4�, 4sj kn o o� °o a a, kn � a ._ 16 S j � . *, a a '`'' v ._ � � �p ors � v � � i C .> � ma's o v �'�� �,�-�-�w" kn as v��.°' °' �v o a o Q vOC•- a to (i a '1 "/ W •� C L a 0 S O 4 v D a =� Ul) =� O i m z (CIA 0 O L Q Q fa O a--+ 'U O U O E E O U O O N a) E O U L � �a 'E E4-) o C: U m N N U p C: N ca C O _ rl LA Ol 30 k LN �a. . e Air a ,=d, From: City of Saint John, New Brunswick To: Common Clerk Subject: Webform submission from: Request to present to council form Date: April 14, 2023 12:43:48 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 Fri, 04/14/2023 - 12:43 Submitted by: Anonymous Submitted values are: About Person/Group Presenting First Name: Wendy Last Name: Brooks Name of Organization/Group (where applicable): New Brunswick International Student Program Address: 565 Priestman Street, Suite 301 Fredericton, New Brunswick. E3B 5X8 Canada Day Time Phone Number: 613-827-0751 Email wendy.brooks(a4gnb.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. Yes About your Request M91111 Topic of Presentation: New Brunswick International Student Program Purpose for Presentation (what is the ask of Council): To gain more public awareness of our program, which in return will help us receive more applicants for hosts. Background Information: The New Brunswick International Student Program (NBISP) welcomes students between the ages of 11 and 18 from all points of the globe. The NBISP is managed through Atlantic Education International Inc. AEI was created in 1997 by the province of New Brunswick to deliver real education opportunities to the world community through the Department of Education. File Upload NBISP Presentation Revised .pdf (2.07 MB) f► 9191 4-J I W 4-J 4-J � O ca 0 O V •— � s � 4� E > O O � V - �4p E tio L M. 3: E 0) M CO z w a� O s U .. ) W > E cj O j �-j W L 1 .� O O W U U O }' cn O O O Q O C O i C N Q) Q }, Q) `n N +� O N E N c O Q) N Ln >- N m U 3: UO Cal N Q) m N Q) ca � O Q) O Qm QLn U- ca c6 cn — O Ln c6 Q� c c i Ln Q) i C6 U �C coin uU c(i) c� m U U U c6 — V) -J U n, O c V) a) m r'I 4-J U O — C ca cn C: 4) _0 O •- C- •- •- m �E O a) E � O � V � . E .- > � O E ca • 1 I ---------- Raw �. U C6 Q) E O — D � c/� �� 4—, a) \ w O E +—j cn a--j E U C6 O.) � Q� S.— O O c� O mom. a ■ 4 Q) • —1^^) O E 1 O O T W 0-0 �„�(�� w Q v / O v Q•� C6 O Q) cn F 0 MUTTIMM IL 21 w - vvb%�- -4 LO 0 un m z N N L U N O � Ln E 4--j >, z U o � 0 E � 0 o � N V) O Fol Cal • N O +� E O O N - Ln 0 > •� Q� N ^� Ln L O +� � v Cn � • � za)D4-j Ln > E E o oQ O 0 N N wo V) W co V N N ko • f. Ph L O W L �e 0- D n (D .> .�-) E LnM �LL oZS to O (n 2 M&C No. M&C 2023-112 Report Date April 25, 2023 Meeting Date May 01, 2023 Service Area Transportation and Environment Services SUBJECT: Indemnification to Province for Train Whistle Cessation EXECUTIVE SUMMARY OF COMMITTEE OF THE WHOLE REPORT FOR OPEN SESSION OF COUNCIL The City of Saint John must follow the direction of the Province of New Brunswick when attempting to stop train whistles at provincially -regulated rail crossings. At its April 17, 2023 meeting Common Council approved a series of steps needed to meet the provincial expectations to stop train whistles at the Sand Cove Road and Sherbrooke Street rail crossings. Limited indemnification of the railway as a result of stopping train whistles is one of the provincial requirements; this requirement was imbedded in an agreement with the railway, New Brunswick Southern Railway, that Common Council endorsed. The Province clarified that the Province also must be indemnified in a similar way; the recommendation of this report will satisfy this requirement. COUNCIL RESOLUTION That the City indemnify the Province of New Brunswick in the form as presented to Committee of the Whole at its May 1, 2023 meeting, and that the Mayor and City Clerk be authorized to execute the document ancillary thereto. MIZ,11 M&C No. 2023-121 Report Date April 26, 2023 Meeting Date May 01, 2023 Service Area Corporate Services SUBJECT. 2023-121 Civic Recognition Awards.docx EXECUTIVE SUMMARY OF COMMITTEE OF THE WHOLE REPORT FOR OPEN SESSION OF COUNCIL The Civic Recognition/Awards Program provides a formal opportunity for the City to recognize and celebrate individuals and groups that have made a positive impact on the lives of citizens of Saint John. The annual Civic Awards Ceremony is planned to take place the week of June 12tn 2023. COUNCIL RESOLUTION RESOLVED that the list of award recipients for Citizen of the Year and Council Commendation, as recommended by the Committee of the Whole at its meeting of May 1, 2023, be approved. f��A 1