2023-05-23_Agenda Packet--Dossier de l'ordre du jour�B
City of Saint John
Common Council Meeting
AGENDA
Tuesday, May 23, 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 May 15, 2023 4-9
3. Approval of Agenda
4. Disclosures of Conflict of Interest
5. Consent Agenda
5.1 Leveraging the Province of New Brunswick's Bulk Fuel Supply Contract 10 - 15
(Recommendation in Report)
5.2 Assent to Money -in -lieu of Land for Public Purposes, 15 Lloyd Street 16 - 18
(Recommendation in Report)
5.3 Assent to Money -in -lieu of Land for Public Purposes, PI Ds 00337386 & 19 - 21
00370429 (Recommendation in Report)
5.4 TD Station - Replacement of the plate heat exchanger gasket 22 - 24
(Recommendation in Report)
5.5 Canada Day 2023 Fireworks Display (Recommendation in Report)
25 - 28
5.6 Proposed Public Hearing Date: 384 Lancaster Avenue and lands adjacent to
29 - 30
2100 Sandy Point Road (Recommendation in Report)
5.7 Designation of By-law Enforcement Officers (Recommendation in Report)
31 - 33
5.8 Transfer of PID 55239446 - (Dunnett Drive Future Street) to Heatherway
34 - 40
Developments Ltd. (Recommendation in Report)
5.9 Initiate Stop -Up and Closure for Portion of Retail Drive (Recommendation in
41 - 44
Report)
6.
Members Comments
7.
Proclamation
7.1 Disability Awareness Week - May 28 to June 3, 2023
45 - 45
7.2 Saint John Police Retirees' Day - June 8, 2023
46 - 46
7.3 Shriners International Day in The City of Saint John - June 6, 2023
47 - 47
8.
Delegations / Presentations
8.1 The New Brunswick International Student Program
48 - 62
9.
Public Hearings - 6:30 p.m.
10.
Consideration of By-laws
11.
Submissions by Council Members
12.
Business Matters - Municipal Officers
13.
Committee Reports
14.
Consideration of Issues Separated from Consent Agenda
15.
General Correspondence
15.1 Kidney Cancer Canada: Request for Proclamation (Recommendation: Refer to
63 - 63
Clerk to prepare proclamation)
15.2 Kidney Cancer Canada: Living with Kidney Cancer - Request to Present
64 - 64
(Recommendation: Refer to Clerk to schedule presentation)
16.
Supplemental Agenda
P►
17. Committee of the Whole
17.1 Bill 45 Presentation 65 - 65
17.2 CMHC Request for Termination of 1957 Agreement
17.3 Listing Agreement with Brunswick Brokers 67 - 67
17.4 Termination of Shawarma Hut Lease and Initiation of New Lease with Katsubi 68 - 68
18. Adjournment
K
Ville de Saint John
Seance du conseil communal
Lundi 23 mai 2023
18h
2e etage de la salle du conseil communal, h6tel de ville
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.saintiohn.ca) or on Rogers TV
Comite plenier
1. Ouverture de la seance
Si vous souhaitez obtenir des services en frangais pour une seance du conseil communal,
veuillez communiquer avec le bureau du greffier communal au 658-2862.
Chacun des points suivants, en totalite ou en partie, peut faire I'objet d'une discussion en
prive en vertu des dispositions prevues au paragraphe 68(1) de la Loi sur la gouvernance
locale. Le conseil/comite prendra une ou des decisions a cet egard au cours de la seance
publique :
16 h — Comite plenier a huis clos — Salle de conference du 2e etage
1.1
Approbation du proces-verbal 68(1)
1.2
Question financiere 68(1)(c)
1.3
Question juridique 68(1)(f)
1.4
Question financiere 68(1)(c,d,g)
1.5
Question financiere 68(1)(c)
1.6
Question financiere 68(1)(c)
1.7
Question financiere 68(1)(c)
1.8
Question de travail 68(1)(j)
Seance ordinaire
1. Ouverture de la seance
1.1 Reconnaissance de territoire
1.2 Hymne national
2. Approbation du proces-verbal
1
2.1 Proces-verbal du 15 mai 2023
3. Adoption de I'ordre du jour
4. Divulgations de conflits d'interets
5. Questions soumises a I'approbation du conseil
5.1 Tirer parti du contrat d'approvisionnement en carburant en vrac de la
province du Nouveau -Brunswick (Recommendation clans le rapport)
5.2 Consentement au paiement tenant lieu de terrain d'utilite publique, 15,
rue Lloyd (Recommendation clans le rapport)
5.3 Consentement au paiement tenant lieu de terrain a des fins publiques,
NID 00337386 et 00370429 (Recommendation clans le rapport)
5.4 Station TD — Remplacement du joint de I' echangeur a plaques
(Recommendation clans le rapport)
5.5 Feux d'artifice de la fete du Canada 2023 (Recommendation clans le
rapport)
5.6 Date proposee de I'audience publique: 384, avenue Lancaster et terrains
adjacents au 2100, chemin Sandy Point (Recommendation clans le
rapport)
5.7 Designation des agents charges de I'application des reglements
(Recommendation clans le rapport)
5.8 Transfert du NID 55239446 — (Dunnett Drive Future Street a Heatherway
Developments Ltd. (Recommendation clans le rapport)
5.9 Initier I' arret et la fermeture d'une partie de Retail Drive
(Recommendation clans le rapport)
6. Commentaires presentes par les membres
7. Proclamation
7.1 Semaine de sensibilization au handicap — 28 mai au 3 juin 2023
7.2 Journee des retraites de la police de Saint John — 8 juin 2023
7.3 Journee international des Shriners — 6 juin 2023
8. Delegations et presentations
8.1 Le Programme des etudiants internationaux du Nouveau -Brunswick
K
9. Audiences publiques
10. Etude des arretes municipaux
11. Interventions des membres du conseil
12. Affaires municipales evoquees par les fonctionnaires municipaux
13. Rapports deposes par les comites
14. Etude des sujets ecartes des questions soumises a I'approbation du Bureau
15. Correspondance generale
15.1 Cancer du rein Canada: Demande de proclamation (Recommendation:
Consulter le greffier pour preparer la proclamation)
15.2 Cancer du rein Canada: Vivre avec un cancer du rein — Demande de
presentation (Recommendation: Consulter le greffier pour planifier la
presentation)
16.Ordre du jour supplementaire
17. Comite plenier
17.1 Presentation du project de loi 45
17.2 Demande de la CMHC en resiliation de 1'entente de 1957
17.3 Convention d'inscription avec Brunswick Brokers
17.4 Resiliation du bail de Shawarma Hut et initiation d'un nouveau bail avec
Katsubi
18. Levee de la seance
K
COMMON COUNCIL / CONSEIL COMMUNAL
May 15, 2023 / le 15 mai 2023
The City of Saint job n
MINUTES — REGULAR MEETING
COMMON COUNCIL OF THE CITY OF SAINT JOHN
MAY 15, 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 Joanna Killen
Councillor Ward 2 Barry Ogden
Councillor Ward 3 Gerry Lowe
Councillor Ward 3 David Hickey
Councillor Ward 4 Greg Stewart
Councillor Ward 4 Paula Radwan
Absent: Councillor Ward 1 Greg Norton
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
Deputy Fire Chief R. Nichol
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
Manager Legislative Services / Deputy City Clerk P. Anglin
Call to Order
CI
COMMON COUNCIL / CONSEIL COMMUNAL
May 15, 2023 / le 15 mai 2023
1.1 Land Acknowledgement
Deputy Mayor MacKenzie 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 Choir performed O Canada by video.
2. Approval of Minutes
2.1 Minutes of May 1, 2023
Moved by Councillor Hickey, seconded by Councillor Radwan:
RESOLVED that the minutes of May 1, 2023, be approved.
MOTION CARRIED.
3. Approval of Agenda
Moved by Councillor Hickey, seconded by Councillor Harris:
RESOLVED that the agenda of April 17, 2023, be approved with the addition of Item 17.1
Green and Inclusive Community Buildings (GICB) Program Grant Agreement.
MOTION CARRIED.
4. Disclosures of Conflict of Interest
5. Consent Agenda
5.1 RESOLVED that as recommended in the submitted report M&C 2023-127:
Proposed Public Hearing Date: 460 Milford Road, 49 Quinton Avenue, Land adjacent to
10 Crane Mountain Road, and 24 Canon Street/348 Rockland Road, Common Council
schedule the public hearing for the Zoning Bylaw rezoning application submitted by Seale
Excavation Ltd. for 460 Milford Road (PID: 00405381), the Zoning By-law rezoning
application submitted by KL Concepts Ltd. for 49 Quinton Avenue (PID: 00402651), a
Zoning By-law rezoning application submitted by Hughes Surveys & Consulting Inc. for
land adjacent to 10 Crane Mountain Road (portion of PIDs: 00289587 and 55043277),
and a Zoning By-law rezoning application submitted by Trevor Hill for 24 Canon Street/348
Rockland Road (PIDs: 55086128 and 00025791) for Monday, July 10, 2023 at 6:30 p.m.
at
the Council Chamber, City Hall 2nd floor, 15 Market Square, Saint John, NB.
5.2 RESOLVED that as recommended in the submitted report M&C 2023-126: Student
61
COMMON COUNCIL / CONSEIL COMMUNAL
May 15, 2023 / le 15 mai 2023
Microsoft Licensing 2023 the City enter into a contract with Softchoice Microsoft 365 Cloud
Solution Provider in the form as attached to M&C No. 2023-126 for Microsoft licenses for
student and casual employees and that the Mayor and Clerk be authorized to execute the
said Agreement and any documents ancillary thereto.
5.3 RESOLVED that as recommended in the submitted report M&C 2023-129: Budget
Approval for FCM Conference Attendance Common Council approve the cost of
attendance to the 2023 FCM conference, which amounts to more that the allotted $3,000
in the Mayor & Council Professional Development Policy, for the following Council
members: Deputy Mayor Mackenzie and Councillors Harris, Hickey, Radwan, and Killen.
5.4 RESOLVED that as recommended in the submitted report M&C 2023-66: Microsoft
Agreement Renewal 2023-2026 the City enter into a three (3) year term Enterprise
Enrollment Agreement with Microsoft Corporation for Volume Licensing Renewal of
Microsoft's software as outlined in the forms attached to M&C 2023-66; and that the Mayor
and Common Clerk be authorized to execute the necessary documents from Microsoft (as
submitted).
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
7.1 The Mayor declared May 14t" to May 20t", 2023, as National Police Week in The
City of Saint John.
7.2 The Mayor declared May 15t" to June 15t", 2023, as Tourette Syndrome
Awareness Month and June 15t", 2023, as National Tourette Syndrome Day in The City
of Saint John.
8. Delegations/Presentations
8.1 Just Us: We All Struggle Inc. (refer to CAO)
Laura Gatien CEO of the Just Us organization described the fundraising initiative to
support the free all day mental health counselling services provided and requested the
City's financial support.
Moved by Deputy Mayor MacKenzie, seconded by Councillor Harris:
RESOLVED that the Just Us: We All Struggle Inc. request be referred to the CAO.
MOTION CARRIED.
9. Public Hearings - 6:30pm
C.1
COMMON COUNCIL / CONSEIL COMMUNAL
May 15, 2023 / le 15 mai 2023
10. Consideration of By-laws
10.1 Zonina By -Law Housekeeaina Amendments (31d Readin
Moved by Councillor Lowe, seconded by Councillor Hickey:
RESOLVED that the by-law entitled, "By -Law Number C.P. 111-150 A Law to Amend the
Zoning By -Law of The City of Saint John" amending definitions for two land uses
"supportive facility" and "supportive housing"; and amending provisions relating to the use
of shipping containers as accessory buildings and structures in certain zones, be read in
summary.
MOTION CARRIED.
In accordance with the Local Governance Act sub -section 15(3) the by-law entitled, "By -
Law Number C.P. 111-150 A Law to Amend the Zoning By -Law of The City of Saint John"
was read in summary only.
Moved by Councillor Radwan, seconded by Councillor Killen:
RESOLVED that the by-law entitled, "By -Law Number C.P. 111-150 A Law to Amend the
Zoning By -Law of The City of Saint John" amending definitions for two land uses
"supportive facility" and "supportive housing"; and amending provisions relating to the use
of shipping containers as accessory buildings and structures in certain zones, 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. 111-150 A Law to
Amend the Zoning By -Law of The City of Saint John."
10.2 Flyer Distribution By -Law (3rd Reading)
Moved by Deputy Mayor MacKenzie, seconded by Councillor Harris:
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 in summary.
MOTION CARRIED.
In accordance with the Local Governance Act sub -section 15(3) the by-law entitled, "By -
Law Number L.G.-20 A By -Law respecting Flyer Distribution in The City of Saint John"
was read in summary only.
Moved by Councillor Hickey, 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 third time, enacted, and the Corporate Common Seal
affixed thereto.
MOTION CARRIED.
r�
COMMON COUNCIL / CONSEIL COMMUNAL
May 15, 2023 / le 15 mai 2023
Read a third 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."
11. Submissions by Council Members
12. Business Matters — Municipal Officers
12.1 Provincial Support for Main Street Active Transportation Project Over
Viaduct
Referring to the submitted report, Commissioner Hugenholtz advised of the recent
challenges to complete the project raised by the New Brunswick Highway Corporation and
recommended a letter be sent by the Mayor to the Minister of DTI requesting their support
to overcome the challenges to allow the Main Street Active Transportation Project to
progress.
Moved by Councillor Harris, seconded by Councillor Radwan:
RESOLVED that as recommended in the submitted report M&C 2023-125: Provincial
Support for Main Street Active Transportation Project Over Viaduct, Common Council
endorse Mayor Reardon sending a letter to the Province of New Brunswick's Minister of
Transportation and Infrastructure, a draft of said letter being appended to M&C 2023 -
125.
MOTION CARRIED.
13. Committee Reports
14. Consideration of Issues Separate from Consent Agenda
15. General Correspondence
16. Supplemental Agenda
17. Committee of the Whole
17.1 Green and Inclusive Community Buildings (GICB) Program Grant Agreement
Moved by Councillor Killen, seconded by Councillor Ogden:
RESOLVED that as recommended by the Committee of the Whole, having met on May
15, 2023, the City enter into the Grant Agreement with HIS MAJESTY THE KING IN
RIGHT OF CANADA, as represented by the Minister of Infrastructure and Communities,
hereinafter referred to as the Minister of Intergovernmental Affairs, Infrastructure and
Communities ("Canada") under the Green and Inclusive Community Buildings Program in
the form as attached to Committee of the Whole report 2023-123; and that the Mayor and
City Clerk be authorized to sign any necessary documents.
MOTION CARRIED.
18. Adjournment
E:3
COMMON COUNCIL / CONSEIL COMMUNAL
May 15, 2023 / le 15 mai 2023
Moved by Councillor Lowe, seconded by Councillor Stewart:
RESOLVED that the meeting of Common Council held on May 15, 2023, be adjourned.
MOTION CARRIED.
The Mayor declared the meeting adjourned at 7:15 p.m.
City Clerk
COUNCIL REPORT
M&C No.
2023-132
Report Date
May 8, 2023
Meeting Date
May 23, 2023
Service Area
Finance and
Administrative Services
Her Worship Mayor Donna Noade Reardon and Members of Common Council
SUBJECT. Leveraging the Province of New Brunswick's Bulk Fuel Supply Contract
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
Chris Roberts
Kevin Fudge/Jodie Forgie
J. Brent McGovern
RECOMMENDATION
It is recommended:
1.) That the City provides estimated volumes of bulk fuel usage (furnace oil
and propane) to the Province and participates in the Province's upcoming
Tender #36175-23 for bulk fuels; and
2.) That the Mayor and Common Clerk be authorized to execute the
Memorandum for Procurement of Bulk Fuels attached to this report.
EXECUTIVE SUMMARY
In an effort to achieve the lowest possible price for bulk fuels such as furnace oil
and propane used by City departments and leverage the Province's supply
contracts, the Province requires the City of Saint John to sign and return the
provided Memorandum for Procurement of Bulk Fuels ("MFP") along with the
City's estimated usage for each item.
PREVIOUS RESOLUTION
No previous resolutions
Ito]
-2-
REPORT
The City has taken advantage of the lower pricing provided to the Province for
various goods and services, including bulk fuels, by leveraging their supply
contracts for many years. This practice is permitted under sections 150 and 151
of the Province's Regulation No. 2014-93 under the Procurement Act.
To allow the City of Saint John to participate in the Province's upcoming tender
for bulk fuels, the City must provide the Province with:
(a) Estimated yearly usage for both furnace oil and bulk propane; and
(b) An executed MFP
The Province has recently implemented a process where public entities who wish
to participate in their tendering process and gain access to the resulting supply
contracts must execute the MFP established by the Province.
STRATEGIC ALIGNMENT
This report aligns with Council's Priority for Fiscal Responsibility.
SERVICE AND FINANCIAL OUTCOMES
By gaining access to the Provincial supply contract for bulk fuels, the City will be
provided with a lower cost for furnace oil and bulk propane, as well as a
reduction in procurement administrative costs.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
The agreement has been reviewed and approved by the City Solicitor's Office.
ATTACHMENTS
Memorandum for Procurement of Bulk Fuels
11
Service
Nouveau Brunswick
MEMORANDUM
FOR PROCUREMENT OF BULK FUELS
THIS MEMORANDUM made this day of , 20_
BETWEEN: SERVICE NEW BRUNSWICK, a Crown corporation with
head offices at Lincoln Place, 850 Lincoln Road,
Fredericton, NB E313 4Z7 (hereafter called "SNB")
-and-
THE CITY OF SAINT JOHN, a body corporate by Royal
Charter, confirmed and amended by Acts of the
Legislative Assembly of the Province of New Brunswick,
having its City Hall at 15 Market Square, Saint John, New
Brunswick (hereafter called the "Client")
(SNB and the Client are hereinafter collectively referred
to as the "Parties")
WHEREAS SNB has or will be entering into a contract of supply with one or more suppliers for the supply
and delivery of bulk liquid fuels in accordance with Tender #36175-23 to meet the needs of public sector
entities in the Province of New Brunswick to achieve the best possible prices;
AND WHEREAS once a contract has been entered into by SNB with a supplier, the Client, being a Public
Sector Entity as defined below, will then be able to benefit from those best prices from the supplier subject
to terms and conditions contain in this Memorandum.
NOW THEREFORE for good and valuable consideration, the receipt and sufficiency of which is
acknowledged, and in consideration of the covenants and conditions contained herein, the parties agree
as follows:
1. DEFINITIONS
In this Memorandum or in any amendments hereto, the following terms shall have the following meanings:
"Memorandum" means this Memorandum for Procurement of Bulk Fuels, including the Schedules and any
amendment hereto in writing signed by all the parties hereto;
12
"Contract of Supply" means a contract for goods to be delivered as and when required for the period indicated
upon receipt of an official Release under the Contract. SNB does not guarantee that any specific volume of
liquid fuel will be purchased;
"Supplier" means the successful entity that enters into a Contract of Supply with SNB in response to Tender
#36175-23 for the Supply and Delivery of Bulk Liquid fuels.
"Public Sector Entity(s), or Entity(s)" means an entity or entities listed under Parts I, II and III of the first
schedule of the Public Service and Labour Relations Act and also includes Crown Corporations and
Government Funded Bodies, such as municipalities, academics (universities and community colleges), schools
and hospitals.
2. ACKNOWLEDGEMENT
2.1 SNB shall conduct an open competitive bidding process in accordance with the provisions of
the Procurement Act for the supply of liquid fuel on a bulk basis for a specified period of time
to meet the needs of government departments and any entity who requests SNB to procure
liquid fuel on its behalf, including the Client as per the terms of this agreement.
The Client acknowledges that in order to get the benefit of reduced pricing for its bulk fuel
needs, the Supplier will need to furnish certain volumes to the Public Sector Entities of the
Province of New Brunswick and that those volumes will need to be properly anticipated by
the Supplier.
2.2 The Client also acknowledges that a proper forecast for any known changes in volume from
all Public Sector Entities for their bulk fuel needs must to be communicated as needed by all
Entities to the Supplier in order to leverage the bulk fuel contract of supply and receive timely
and sufficient service.
2.3 The Client also acknowledges that in order for best pricing to be achieved, that all Public
Sector Entities should endeavour to purchase all their bulk fuel requirements through this
contract of supply establish by SNB.
2.4 The Client further acknowledges that day-to-day operational issues will be the sole
responsibility of the Client and the Supplier.
3. UNDERTAKING OF SNB
3.1 SNB may enter into one or more contracts of supply with the successful suppliers(s) of
the Tender (the "Contract(s)") in which case SNB will manage all such Contract(s).
3.2 As a result, of this collaborative Memorandum and aggregated volume, SNB will negotiate
pricing, value added and other savings opportunities with any supplier(s) at the time of
award and throughout the duration of any contract in order to provide additional value
to the bulk fuel contract on behalf of all entities.
SNB, Strategic Procurement, Tender # 36175-23 Page- 2 of 4
13
3.3 SNB will provide the Client with the right to access the Bulk Fuel Tender #36175-23 to
enable the procurement of liquid fuels ("Goods") in accordance with the Terms and
Conditions outlined below.
3.4 Where SNB enters into Contracts, SNB agrees to provide to the Client reports on the
pricing of bulk fuel under the Contract(s) with additional information to enable the Client
to take advantages fully of Tender # 36175-23.
4. UNDERTAKING OF CLIENT
4.1 The Client agrees to provide to SNB a list of its current locations and any additional
locations during the term of this contract of supply requiring liquid fuel and their annual
volume of liquid fuel required by each location.
4.2 The Client may change its requirement for fuel (locations and volume) provided the Client
gives SNB a minimum of sixty (60) days written notice of any such change.
4.3 The Client agrees to be bound by the pricing and other applicable terms and conditions
of the Contract(s) and to be solely responsible to pay to the Supplier any amount owing
for fuel purchased and delivered.
4.4 Both Parties agree that if SNB exercises an option to extend the Contract(s) period, the
Client may opt not to be bound by the Contract(s) during the extended period by giving
SNB three (3) months written notice of such option before the Contract(s) period ends.
4.5 The Client agrees to notify SNB of any material issues on the part of Supplier with fulfilling
the Contract(s).
3. TERM
3.1 The parties agree that this Agreement shall commence upon later of (1) the issuance of
Liquid Fuel Bulk Contracts of Supply from Tender #36175-23, and (2) the Parties execution
of this Memorandum. This Agreement shall conclude automatically on expiry or other
termination of said Contracts of Supply arising from SNB's procurement of bulk liquid
fuels, unless this Agreement is terminated earlier in accordance with 3.2.
3.2 This Memorandum may be terminated for convenience by the Client upon giving 60 days'
notice to SNB.
4. PURCHASING and INVOICING
4.1 The Client shall request their bulk fuel requirement directly from the Supplier.
SNB, Strategic Procurement, Tender # 36175-23 Page- 3 of 4
14
4.2 Both Parties agree that billing and payment for liquid fuel supplied to the Client
pursuant to the Contract(s) is the sole responsibility of the Supplier and the Client.
5. CONFIDENTIALITY
5.1 The Client shall not at any time use or disclose any Confidential Information that it receives
from SNB pursuant to this Memorandum or that relates to the affairs of SNB except as
expressly agreed upon under this Memorandum or as required by law. Furthermore, the
Client shall not use at any time (whether during the term of this Agreement or after its
termination or expiry) for its own benefit or purposes or for the benefit or purposes of any
other person, firm, corporation, association or other business entity, any business
development programs, or plans belonging to or relating to the affairs of SNB, including
knowledge relating to customers, clients, or employees of SNB.
5.2 The Client specifically authorizes any supplier to disclose to SNB all volumes and location of
delivery, past and future to enable SNB to negotiate the best possible prices for all Public
Sector Entities.
5.5 The provisions of this article shall continue to bind the Client notwithstanding the expiration
or termination of this Agreement.
IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year first above
written.
SERVICE NEW BRUNSWICK
Alan Roy
Chief Executive Officer
THE CITY OF SAINT JOHN
Donna Noade Reardon
Mayor
Jonathan Taylor
Common Clerk
SNB, Strategic Procurement, Tender # 36175-23 Page- 4 of 4
15
COUNCIL REPORT
M&C No.
2023-134
Report Date
May 16, 2023
Meeting Date
May 23, 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, 15 Lloyd Street
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner/Dept. Head
CAO
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 15 Lloyd Street.
EXECUTIVE SUMMARY
The proponent has applied to subdivide the site at 10-35 Lloyd Street to create a new lot for a
residential development. Assent to the Money -in -lieu of Land for Public Purposes by Common
Council is recommended by Staff.
DECISION HISTORY
There is no decision history on this site.
REPORT
The site is located on the City's westside, north of Fairville Boulevard. The subdivision will
create an additional lot with One -Unit Residential (R1) Zoning. The new lot and the existing two
parcels will meet the Zoning Bylaw Standards for lots in the R1 Zone.
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 recommend the acceptance of money -in -lieu of Land for Public Purposes.
STRATEGIC ALIGNMENT
The proposed development aligns with Common Council's priority of Grow and Belong.
-2-
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
17
COUNCIL REPORT
M&C No.
2023-135
Report Date
May 16, 0223
Meeting Date
May 23, 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, PIDs 00337386 & 00370429
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
Thomas Lewallen
Jacqueline Hamilton
J. Brent McGovern
RECOMMENDATION
That Common Council assent to money -in -lieu of Land for Public Purposes for the proposed
Subdivision at PIDs 00337386 & 00370429 located on Mcllveen Drive.
EXECUTIVE SUMMARY
The City of Saint John is subdividing a portion of the City owned land along Mcllveen Drive at
PIDs 00337386 & 00370429 in order to facilitate the sale of land for industrial purposes.
REPORT
The City of Saint John is subdividing a portion of the City owned land located along Mcllveen
Drive in order to facilitate the sale of land for industrial purposes. The City of Saint John
typically takes money -in -lieu of Land for Public Purposes, as opposed to land dedication, unless
the land acquisition would support specific projects outlined in PlaySJ and the development of
identified active transportation corridors.
STRATEGIC ALIGNMENT
The proposed development aligns with Common Council's priority of Grow and Perform.
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.
11111061
-2-
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
The current subdivision proposal has been reviewed by the City's Infrastructure Development
Service Area. 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
K91
- cao= w 5 o vEO�e mw Sm E " EavNo o nn_Ecm m
+O �J LL
J� om E$= am n2 Y'�+W,, .yr)'C
�° mcE p�A �N 'E a E_M o �'o } Z o
a0 c Ern �wU�q$ m E�'mm°a$Ec E9Y:
mE m*2 � cl, 8 LLI
zza as°m�s �m "x€ate;�sa�oa��°�t a=�mss'vN O o 0 9 �7 W
c mvm m%I Ecmm -�``mg g„�a mmTo osmm N p
'. rnromttma m~a 'Nm'a$` a$E¢ o°Wci "E Esz 0 + O W
m Ya$ U9m
®@.m004��5 Z A nw ALL
,
v°@mS mr.E @maiA
II
I
II
I
I
I ��W
�zm m y
&Ti- yy pP
R e z
c lom
^�� vYi 2in�&o y0R r
Jdu �Z Val �z°
o G s aTW
W U W
30180 .. g e I
Uc
�o aaa z�
SAG .�e,ee.¢e g
' `J A cosa51
a\
1�
' \ co g
o$
�T
mE E O w U C
rc
178.0e0 E 7 E E a)
y� o p n W rc
N
O � a
p
0
`A C
���wr L U
gGA
d y m E E G n n
mpEEO� mT$&arc
U �
mrs
=r
s 'asp
A
/
Q'
m g w E
/
ey csoE
E c E
�nr
N�c a)
E p
o$„
c
C Nt E N'v
/
Em�
Jun
uJ sSc
-
>
(D aa)) mc� 7wo m_
I
t
e+.
o
' aa'-
J UJ w rc m rn c
�NEES�
Spme�21
Mw
w
C i
Eg
COMMON COUNCIL REPORT
M&C No.
2023-130
Report Date
May 16, 2023
Meeting Date
May 23, 2023
Service Area
Utilities and
Infrastructure Services
Her Worship Mayor Donna Noade Reardon and Members of Common Council
SUBJECT: TD Station- Replacement of the plate heat exchanger gasket
AUTHORIZATION
Primary Author
Commissioner/Dept. Head
Chief Administrative Officer
Samir Yammine
Ian Fagan
J. Brent McGovern
RECOMMENDATION
It is Recommended that the 2023 capital budget be adjusted by re -allocating
$25,000 from the replacement of Domestic Hot Water (DHW) boiler project at TD
Station to the installation of new gasket of the plate heat exchanger project at TD
Station.
EXECUTIVE SUMMARY
Upon inspection of the heating system at TD Station, it was discovered that the
loop water plate heat exchanger gasket has started to show sign of leaking and
will need to be replaced immediately to minimize the impact on the heating
system.
The purpose of this report is to recommend the Council adjust the 2023 capital
budget by re -allocating $25,000 from the replacement of the DHW boiler project
at TD Station to the installation of a new gasket for the plate heat exchanger.
The DHW boiler project is approved under the 2023 capital budget in the
amount of $30,000.
PREVIOUS RESOLUTION
NA
REPORT
The loop water plate heat exchanger gasket was installed in 2009 replacing an
original unit (1993) that was deemed out of date and needed an upgrade.
This unit is the main heat recovery component between the ice plant ammonia
system and the building water loop for the 45 heat pumps in the facility.
WA
-2-
Upon inspection of the unit at TD Station, it was discovered that the loop water
plate heat exchanger gasket has started to show signs of leaking and will need to
be replaced immediately to minimize the impact on the heating system.
Additionally, it was determined by the consultant and staff at TD-Station that the
Domestic Hot Water boiler (Project approved under 2023 capital budget in the
amount of $30,000) is still in operation condition and will not be required to be
replaced till 2025. The replacement of the boiler is considered less of a risk
compared to the plate heat exchanger gasket project.
STRATEGIC ALIGNMENT
The replacement of the plate heat exchanger gasket at TD Station is aligned with
the Council's Priorities to invest in sustainable City services and municipal
infrastructure as well as with the Asset Management Policy to minimize risk to
the Level of Service (LOS).
SERVICEAND FINANCIAL OUTCOMES
The total cost to complete the replacement of the plate heat exchanger gasket at
TD-Station is $25,000 including HST.
The cost for this additional work is funded from the re -allocation of the
replacement of Domestic Hot Water (DHW) boiler project at TD Station providing
no additional allotment to the Capital Budget.
The breakdown in funding for replacement of the plate heat exchanger gasket at
TD Station is as follows:
Replacement of the plate heat exchanger gasket at TD-Station: $25,000
Replacement of Domestic Hot Water (DHW) boiler: $30,000
2023 Capital Budget Surplus: $5,000
There will be minimal impacts to the replacement of Domestic Hot Water (DHW)
boiler project at TD-Station project from this re -allocation as the unit is still in
operation condition. The replacement of the DWH boiler will be included as part
of the 2025 capital budget.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
The proposed 2023 capital budget adjustment was reviewed by the Asset
Management and TD Station staff as well as the external consultant, and found
to be acceptable and in accordance with the industry standard given the size of
the scope of work and the infrastructure
W
-3-
ATTACHMENTS
NA
0&1
COUNCIL REPORT
M&C No.
2023-137
Report Date
May 16, 2023
Meeting Date
May 23, 2023
Service Area
Growth and Community
Development Services
Her Worship Mayor Donna Noade Reardon and Members of Common Council
SUBJECT: Canada Day 2023 Fireworks Display
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
Greg Cutler
Jacqueline Hamilton
Brent McGovern
RECOMMENDATIONS
Recommendation that Common Council authorize staff to enter into a formal
Agreement with Fireworks FX Inc. in the delivery of a fireworks display during
Canada Day 2023 celebrations.
EXECUTIVE SUMMARY
Staff recommend the City enter into an agreement with Fireworks FX to deliver a
community fireworks display in celebration of Canada Day. This display is one of
many accessible, inclusive, and family -friendly activities planned for residents and
visitors to safely celebrate and enjoy Canada Day in Uptown Saint John.
PREVIOUS RESOLUTION
NA
STRATEGIC ALIGNMENT
Belong
Enhance the quality of life and social well-being in a safe place to live; offering
recreation, arts, and cultural opportunities with PlanSJ, PlaySJ and other related
plans. This display will contribute to a vibrant community by supporting local
celebrations that foster community pride and engagement.
i►R
REPORT
The City of Saint John recognizes the importance of creating safe, inclusive, and
accessible opportunities for residents and visitors to gather, connect and
celebrate as one. Canada Day presents a wonderful opportunity for all members
of the community to participate in family -friendly activities, enjoy live
performances and entertainment, be immersed in local arts and culture, explore
the City's vibrant waterfront, and support small businesses.
Firework displays have long been synonymous with Canada Day celebrations and
are a valued service provided by the City of Saint John that residents continue to
look forward to year after year.
As a reputable and trusted pyrotechnics provider in Atlantic Canada, Fireworks
FX has been supplying safe, high -quality fireworks for over 35 years. Fireworks FX
has been procured by the City of Saint John in the past to carry out similar
displays, such as the fireworks display in 2022 on Canada Day and New Year's
Eve. These displays were safe, timely, and well -coordinated.
Staff would like to recommend that Fireworks FX be contracted again this year to
coordinate the fireworks display at Long Wharf as part of the City's Canada Day
celebrations. The Terms and Conditions of this Agreement have been included as
an attachment to this report.
SERVICEAND FINANCIAL OUTCOMES
The total costs associated with the fireworks display provided by Fireworks FX will
be $26,450.00 which aligns with the 2023 General Operating Budget. This year,
the City of Saint John was successful in its application for Federal funding to
support Canada Day celebrations through the 'Celebrate Canada Grant' and has
received adequate funding to offset this cost.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
Procurement & Supply Chain Management, Port Saint John, Saint John Police
Force, Saint John Fire Department, Growth & Community Services, General
Counsel and Communications have all been briefed on this file and continue to
be engaged.
ATTACHMENT
Terms of Fireworks FX - Online Only— Bottom of Page
41.1
Important
1. Payment. The Client will pay Fireworks FX Inc. ("FFX") the Budget amount set out
in this Booking Form & Agreement plus applicable taxes (the "Fees"). Payment in full
is due 30 days prior to the Event.
2. Intellectual Property. FFX reserves the ownership rights and trade names used in
relation to the Fireworks and the Event.
Any reproduction by sound, video or other duplication or recording process without
the express written permission of FFX is prohibited.
3. Limitation of FFX's liability. If FFX breaches this Agreement or is otherwise
negligent in performing the Event the Client shall only be entitled to recover
monetary damages from FFX up to the value of the Fees.
4. Indemnification. The Client shall indemnify and hold FFX harmless from all claims
and suits made against FFX for bodily injury or property damage arising from the
Client's failure —including through or by its employees, agents or independent
contractors —to perform its obligations under this Agreement.
5. This Agreement shall be construed in accordance with the laws of Nova Scotia and
of Canada as applicable. It is further agreed that the courts of the Province of Nova
Scotia shall have exclusive jurisdiction to adjudicate any disputes arising out of this
Agreement or the performance of the Event provided for herein. It is further agreed
that the Supreme Court of Nova Scotia sitting in the Town of Kentville, County of
Kings, shall be the proper venue for any such action.
Additional Terms for an FFX fired show
6. Client's obligations. The Client shall, at its own expense:
a. provide a performance site suitable for the Event to the satisfaction of FFX (the
"Performance Site") and allow access at all reasonable times to FFX and its
representatives to the Performance Site;
b. provide adequate measures to prevent public access to the Performance Site;
c. retain the services of standby firefighters if required and obtain any necessary
permits relating to the Event as required by law; and
d. have sole responsibility for ensuring that any spectator area or parking area for the
WA
Event is safe for use.
7. If the Client fails to comply with any part of clause 6 then FFX shall have no
obligation to perform the Event, and the Client will pay FFX the full Fees and any
additional costs incurred by FFX as a result of the Client's noncompliance.
8. Postponement or Termination a. FFX may cancel the Event in the event of
weather or any other cause beyond the control of FFX which FFX, in its sole
discretion, determines may prevent the Event from being safely performed on the
agreed date (the "Event Date"). At this point the parties may:
i. reschedule the Event Date to any day within 180 days of the original Event Date at
no additional cost except for any expenses reasonably incurred by FFX up to the
point of postponement, including but not limited to mileage and employee wages; or
ii. terminate this Agreement, provided the Client pays any reasonable expenses
incurred by FFX up to the point of cancellation, including but not limited to mileage
and employee wages.
b. The Client may unilaterally terminate this Agreement, provided that the Client
pays 25 percent of the pre-tax value of the Fees plus any reasonable expenses
incurred by FFX up to the point of cancellation, including but not limited to mileage
and employee wages.
Agreement*
11 1 Agree
I acknowledge that by completing this form and returning it to Fireworks FX Inc., I am
making an offer to enter into an agreement with Fireworks FX Inc. for the event
outlined, and that upon my receiving written or electronic confirmation of
acceptance from Fireworks FX this agreement shall become binding. I confirm that I
have read and agree to the general terms on the reverse side of this page and that
have authority to bind the Client to this agreement.
K-11
COMMON COUNCIL REPORT
M&C No.
2023-138
Report Date
May 18, 2023
Meeting Date
May 23, 2023
Service Area
Growth and Community Services
Her Worship Mayor Donna Noade Reardon and Members of Common Council
SUBJECT. Proposed Public Hearing Date: 384 Lancaster Avenue and lands
adjacent to 2100 Sandy Point Road
AUTHORIZATION
Primary Author
Commissioner
I Chief Administrative Officer
Mark Reade
Jacqueline Hamilton
I J. Brent McGovern
RECOMMENDATION
RESOLVED That Common Council schedule the public hearing for the Zoning By-
law rezoning and Section 59 application submitted by Paul Chiu for 384 Lancaster
Ave (PID: 00386466) and the Zoning By-law Section 59 application submitted by
Scott Walton for the property adjacent to 2100 Sandy Point Road (PID: 55238471),
for Monday, July 24, 2023 at 6:30 p.m. at the Council Chamber, City Hall 2" floor,
15 Market Square, Saint John, NB.
EXECUTIVE SUMMARY
The purpose of this report is to advise Common Council of the Zoning By-law
Rezoning applications received and to recommend an appropriate public hearing
date for these applications. The next available public hearing date is Monday, July
24, 2023.
PREVIOUS RESOLUTION
At its meeting of August 3, 2004, Common Council resolved that:
1. the Commissioner of Planning and Development receive all
applications for amendments to the Zoning By-law and Section 39
[now referred as section 59] resolutions/agreements and proceed
to prepare the required advertisements; and
2. when applications are received a report will be prepared
recommending the appropriate resolution setting the time and
place for public hearings and be referred to the Planning Advisory
Committee as required by the Community Planning Act.
REPORT
In response to the motion above, this report indicates the applications received
and recommends an appropriate public hearing date. Details of the applications
We%]
-2-
are available in the Common Clerk's office and will form part of the documentation
at the public hearing.
Name of Location
Applicant
Existing
Zone
Proposed
Zone
Reason
Paul Chiu 384 Lancaster
Business Park
General
To support the
Avenue (PID:
Commercial
Commercial
conversion of
00386466)
(CBP)
(CG)
the building
into general
retail.
Name of Location Existing Reason
Applicant Zone
Scott Walton Adjacent to Major The proposed Section 59
2100 Sandy Community amendments will facilitate an
Point Road Facility (CFM) amended development proposal
(PID: for Ethos Ridge.
55238471)
While the holding of public hearings for proposed Zoning By-law amendments and
rezonings are a legislative requirement of the Community Planning Act, it is also a
key component of a clear and consistent land development processes envisioned
in the One Stop Development Shop Program. These processes provide
transparency and predictability for the development community and City
residents.
On a broader note, the development approval process works towards fulfilling key
Council priorities including:
• Facilitate a mix of affordable housing in all our neighbourhoods;
• Grow our population at a rate of 2% annually by the end of Council's term;
• Achieve 3% annual property tax base growth and ongoing work to increase
the target.
SERVICEAND FINANCIAL OUTCOMES
The scheduling of the public hearing and referral to the Planning Advisory
Committee satisfies the legislative and service requirements as mandated by the
Community Planning Act.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
N/A
ATTACHMENTS
None
10191
COMMON COUNCIL REPORT
M&C No.
2023-136
Report Date
May 16, 2023
Meeting Date
May 23, 2023
Service Area
Public Works and
Transportation Services
Her Worship Mayor Donna Noade Reardon and Members of Common Council
SUBJECT. Designation of By-law Enforcement Officers
AUTHORIZATION
Primary Author
Commissioner/Dept. Head
Chief Administrative
Officer
Barb Crawford
Michael Hugenholtz
J. Brent McGovern
RECOMMENDATION
It is recommended that Common Council adopt the attached resolution
appointing Tim O'Reilly, Thomas McGrath, John Mascarenhas, Chris Phinney and
Barbara Crawford as by-law enforcement officers for the Flyers Distribution By -
Law, By-law Number LG-20, in the form attached to M&C No. 2023-136.
EXECUTIVE SUMMARY
Common Council has endorsed a by-law that places some restrictions on the
distribution of flyers to homes in our community. This by-law was developed to
address concerns around residents' ability to stop these deliveries, and some of
the nuisance issues arising.
The purpose of this report is to designate Tim O'Reilly, Thomas McGrath, John
Mascarenhas, Chris Phinney and Barbara Crawford as by-law enforcement officers
for the Flyer Distribution By -Law which is enforced by the Public Works and
Transportation Services department.
In doing so, they will be authorized to administer and enforce the Flyer
Distribution By -Law.
PREVIOUS RESOLUTION
N/A
31
-2-
REPORT
It is necessary at this time to designate Tim O'Reilly, Thomas McGrath, John
Mascarenhas, Chris Phinney and Barbara Crawford as by-law enforcement officers
by adopting the attached resolution so that they may carry out their duties
pertaining to administration and enforcement of the Flyer Distribution By -Law.
STRATEGIC ALIGNMENT
This report aligns with Council's "Growth" and "Belong" Priorities.
SERVICEAND FINANCIAL OUTCOMES
N/A
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
The General Counsel's Office has reviewed the attached resolution.
ATTACHMENTS
Resolution appointing Tim O'Reilly, Thomas McGrath, John Mascarenhas, Chris
Phinney and Barbara Crawford as by-law enforcement officers.
WA
COMMON COUNCIL / CONSEIL COMMUNAL
May 23, 2023 / le 23 mai 2023
RESOLVED, that as recommended by the Chief Administrative Officer, the following
resolution be adopted:
1. WHEREAS the Common Council of The City of Saint John has enacted certain by-
laws pursuant to the authority of the Local Governance Act, S.N.B. 2017 c.18, and
amendments thereto (the "Local Governance Act"), including A By-law respecting
Flyer Distribution in The City of Saint John, By-law Number LG-20 (the "Flyer
Distribution By -Law"), and all amendments thereto, and it may from time to time
be necessary to commence proceedings in the Provincial Court of the Province of
New Brunswick, when a person has violated or failed to comply with said By-law;
AND WHEREAS section 72 of the Local Governance Act provides that a
council may appoint by-law enforcement officers for the local government
and may determine their terms of office;
AND WHEREAS subsection 150(1) of the Local Governance Act provides
that proceedings for breach of a by-law shall be commenced in the name
of the clerk of the local government or such other person as is designated
for that purpose by the council;
NOW THEREFORE BE IT RESOLVED, that Tim O'Reilly, Thomas
McGrath, John Mascarenhas, Chris Phinney and Barbara Crawford
are hereby appointed as by-law enforcement officers with respect
to the enforcement of the Flyer Distribution By -Law, effective
immediately, and this appointment shall continue until they cease
to be employees of the Public Works and Transportation Services
department of The City of Saint John or until it is rescinded by
Common Council, whichever comes first;
AND BE IT FURTHER RESOLVED, that Tim O'Reilly, Thomas
McGrath, John Mascarenhas, Chris Phinney and Barbara Crawford
are hereby designated and authorized to lay informations in the
Provincial Court of the Province of New Brunswick for breach of the
Flyer Distribution By -Law, effective immediately, and this
designation and authorization shall continue until they cease to be
employees of the Public Works and Transportation Services
department of The City of Saint John or until it is rescinded by
Common Council, whichever comes first.
D '� r r I l
jl
COMMON COUNCIL REPORT
M&C No.
2023-138
Report Date
May 16, 2023
Meeting Date
May 23, 2023
Service Area
Growth and Community
Services
Her Worship Mayor Donna Noade Reardon and Members of Common Council
SUBJECT: Transfer of PID 55239446 - (Dunnett Drive Future Street) to
Heatherway Developments Ltd.
AUTHORIZATION
Primary Author
Commissioner
Chief Administrative
Officer
Mark Reade/Maria K. Powell
Jacqueline Hamilton
J. Brent McGovern
RECOMMENDATION
1. That Common Council transfer PID 55239446, a previously vested Future
Street, to Heatherway Developments and authorize the Mayor and City
Clerk to execute the necessary transfer documents.
2 That Common Council authorize the Mayor and City Clerk to execute any
transfer documents associated with the transfer of the temporary
turnaround areas which have been vested as Future Street(s) in future
phases of the Dunnett Drive development.
EXECUTIVE SUMMARY
Heatherway Developments is developing a subdivision involving a new Public
Street, named Dunnett Drive. The development of the new roadway is being
completed in phases, with a temporary gravel turnaround constructed at the end
of each phase of Dunnett Drive. This temporary gravel turnaround vested as a
Future Street.
To allow for the next phase of Dunnett Drive to be vested as a Public Street, the
previously vested gravel turnaround area must be transferred back to the
developer. The transfer of the previously vested Future Street area containing the
former temporary turnaround to Heatherway Developments is recommended
along with authorization of such future transfers in conjunction with future phases
of the development.
PREVIOUS RESOLUTION
On August 4, 2020, Common Council assented to a subdivision plan for the
creation of Dunnett Drive as a Public Street.
-2-
REPORT
Heatherway Developments is developing a series of multi -unit buildings along a
new Public Street, Dunnett Drive, located west of Heather Way. The development
is being completed in phases, with a portion of Dunnett Drive being constructed
in each development phase and new lots created and buildings developed along
both sides of Dunnett Drive.
In conjunction with the initial phase of the development, a section of Dunnett
Drive, approximately 130 metres in length, was constructed and vested as a Public
Street, as shown on the attached Phase 1 Subdivision Plan. An area of Future
Street at the western end of Dunnett Drive (PID 55239446) was also vested to the
City to accommodate a temporary gravel turnaround as required by the City's
Subdivision By -Law. These temporary gravel turnarounds provide an area for
vehicles, such as snowplows, to turn around given the roadway is presently a dead
end.
The developer has completed an additional extension of Dunnett Drive beyond
the 130 metres vested in conjunction with Phase 1 of the development and has
constructed an additional temporary turnaround for this new section of roadway.
A Tentative Plan of Subdivision (Phase 2 Subdivision Plan) has been prepared by
the developer's surveyor detailing the recently constructed section of Dunnett
Drive to be vested. This will provide access to land for the development of
additional multi -unit buildings. A new, temporary turnaround will be provided at
the western terminus of the section of Dunnett Drive constructed in Phase 2.
The temporary turnaround area established in Phase 1 of the development
contains land that is no longer required for the purposes of a temporary
turnaround or the recently constructed section of Dunnett Drive. As these lands
are no longer required for roadway purposes, they are transferred back to the
developer to be incorporated into lands for future phases of the development.
This transfer is provided for under Section 89 (4) of the Community Planning Act.
This section of the Act allows for lands previously vested as a street to a local
government to be transferred to a different party for another use should they no
longer be required for the purpose of a street.
As the previously vested Future Street area, PID 55239446, is no longer required
as a temporary turnaround, Staff recommend this parcel of land be transferred
back to the developer, Heatherway Developments, for its use as an extension to
Dunnett Drive and incorporation into lands for future development.
With respect to future phases of development, Staff also recommend the transfer
of any required future temporary turnround areas back to the developer once
these lands are no longer required for use as a temporary turnaround.
M1
-3-
STRATEGIC ALIGNMENT
The proposed approach aligns with the Council's priorities of Grow and Move.
SERVICEAND FINANCIAL OUTCOMES
The approach proposed by Staff aligns with the provisions of the Community
Planning Act, the Subdivision By -Law and practices of other New Brunswick
municipalities.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
Growth and Community Services and the General Counsel have reviewed this
approach and no issues have been identified.
ATTACHMENTS
Attachment 1 - Location Plan - PID 55239446
Attachment 2 - 2020 Subdivision Plan - Original Assent
Attachment 3 - Phase 1 Subdivision Plan
Attachment 4 - Phase 2 Subdivision Plan
K11.1
V4-0
e ,
'
., .ram „� y•
4
`� �•'� t
F
k
i
7
LO
LO
66
M
N
O
N
LO
4-0
N
Q
u
_m
n
O
.C/)
O
N
O
N
NO
w
N
E
U
Q
1
Q
a
Z
/qate
o .w
\
ffi fir
E
E $ E o
CL
�.
%6
r .� E
g=
g
g E
O
v
d
_mks �W��__ _�•»
0„ q T antK ea xz
a de(� .tay�ea�
a
89E88aSZ tad o �I l prg0�y _
5tr6 dol n I 7 5 05,40,C
• o N c
trtrt 101 4• -} -, M1
J 6 Eby o �a 1 4.
ag
fl
✓�„ ��4�,ke1E
CJ� 4 FO�� 2JP�a9.,
R
K mph
g4g 1
g
Im
m
f^zg`z�i Eg VJ g K U4�t5 a.2
�I
m
d
0
.N
S,
7
U)
N
a)
IL
a�
E
U
m
Q
O Z co
8 -o 6-
Q
E I
10� Tom 0
vv E`�i �y �E =�z - v�, _ o �Z _
M EE E� Er E E mE 4% �++�mU WK y o
OLE p � - w
`0 0
aa� ¢EvE1 EI.E� m
U VI U (n N Z 0
E 3 ao N.. cwl vE O W r
�aooDo e� a �LL E aNv Qv O
y
43JON PUS 3N
Vv lro �
Neal
AeM JGqjeGH
PZ9 8 � e
a �de�N
n o J
� I 000� A=48.388 m `v
� i i O��Pooz Z o
000x oK u61i _ a ���-- Naa
o
a�/✓/x�xm EQm U
� tt zi a
e G�jQAg _
L L
oe
O N E
-6 uQ1i n o E s o
J m E v E N c
81 x
jW>
Ou)
E-
Qr a
N .• j a D O
v 0 m tt T a
� a
N F-1
1j_ 1 E -
aJ I E � -
0 0
mayJ L J W
ya y ➢ vNs �E oa
w 9 w m
V' N ocy_.V N o c
W
T E
E o. N y N d
D o
/ LL attar ,� LL �m LL �m
8888882
-------------
- a
E�
N � o
Q V 0 aE `3a 0
m
Z N� Ev C 'Ei N LL -Ed
(n -.�= F- �
D '� r r I l
jl
COMMON COUNCIL REPORT
M&C No.
2023-131
Report Date
May 16, 2023
Meeting Date
May 23, 2023
Service Area
General Counsel
Her Worship Mayor Donna Noade Reardon and Members of Common Council
SUBJECT: Initiate Stop -Up and Closure for Portion of Retail Drive
AUTHORIZATION
Primary Author
Commissioner/Dept. Head
Chief Administrative
Officer
Curtis Langille &
Melanie Tompkins
J. Brent McGovern
Jacqueline Boucher
RECOMMENDATION
It is recommended that Common Council adopt the following resolution:
1. That the Public Hearing to consider the passing of an amendment to the
Street Closing By-law to Close two portions of Retail Drive, being Part "A"
having an approximate area of 3,165 square metres and Part "B" having an
approximate area of 116 square metres, as shown on a sketch titled,
"Sketch of Proposed Stop -up and Close of a portion of Retail Drive Parts
"A" and "B", City of Saint John, Saint John County, NB" (attached), be set
for Monday, June 12, 2023 at 6:30 p.m. in the Council Chamber;
2. That Common Council authorize the publishing of a notice of its intention
to consider the passing of such By-law, identified above; and
3. That the Mayor and City Clerk be authorized to execute the documents
necessary to effect the transaction.
EXECUTIVE SUMMARY
The City of Saint John is actively planning to re -align and re -construct a portion of
Retail Drive to more effectively align Retail Drive with Ashburn Lake Road. This
realignment would remove the need for one of the two sets of traffic lights at the
street intersection with Rothesay Avenue, thus alleviating one traffic queuing
station for motorists. This realignment would significantly reduce the waiting
times for motorists at this street intersection and would minimize any safety
concerns for motorists and pedestrians alike. The purpose of this report is to
initiate the process to stop -up and close two portions of Retail Drive, identified on
the attached sketch as Part "A" having an area of approximately 3,165 square
metres and Part "B" having an area of approximately 116 square metres for the
!II
-2-
purpose of consolidating it with other adjoining property not required for the re-
alignment of Retail Drive.
PREVIOUS RESOLUTION
N/A
REPORT
The City of Saint John, along with funding partners, including the Provincial and
Federal governments, have reached a funding agreement that would provide for
the realignment and reconstruction of the street intersection between Ashburn
Lake Road, Rothesay Avenue and Retail Drive. It is expected this project would
begin in 2024 and be completed in 2025. The City is actively involved in
negotiations with several stakeholders to acquire the parcels of land required for
this project. If, following the Public Hearing on June 121h, Council resolves to give
15t and 2nd reading to the proposed amendment to the Street Closing By-law, it is
staff's intention to delay 3,d reading until such time as the realignment project
construction is completed.
The purpose of this report is to initiate the process to stop -up and close two
portions of Retail Drive, identified on the attached sketch as Part "A" having an
area of approximately 3,165 square metres and Part "B" having an area of
approximately 116 square metres for the purpose of consolidating it with other
adjoining property not required for the re -alignment of Retail Drive right-of-way.
Public Works and Transportation are supportive of the request to close the two
portions identified on the attached sketch of Retail Drive with the understanding
that there will be a new configuration for Retail Drive to intersect with Rothesay
Avenue and Ashburn Lake Road. There is municipal infrastructure contained
within the portions of Retail Drive being proposed to be stopped up and closed
and that infrastructure will need to be removed or rerouted in the overall
realignment construction project.
The recommendation contained in this report is to set the Public Hearing date and
to authorize staff to commence the advertising for consideration of street closure.
STRATEGIC ALIGNMENT
This report aligns with the City's priority of Grow and Move.
SERVICEAND FINANCIAL OUTCOMES
The City will be responsible for all costs related to the process to consider a stop -
up and closure for a portion of street right-of-way, including advertising and
:1
-3-
surveying. If closed, any services contained in the ground will be the responsibility
of the City to either terminate or relocate.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
Public Works and Transportation have provided input into the preparation of this
report.
ATTACHMENT
Sketch of Street Areas to be Closed.
!i93
aE E EoE EEC
Bo
oa-. _
w
p
E z�
L CL
W
-o
J
N
= m
�J-
a
(6
431pN PI'S B N
N
U
0
Ott � J
mm�m
�s
oJa-
� sss
J
o
p
o m
p
= o o.
g�J
��
om
>a
a�
Jaa
U
W
d
Eo_
p+o" 2G o^f QUO
hM
eq �6m
Pe
4+aa¢
o �P
mR•°
'�>s oosza
goo PssOa
NM a
r
G
Mai
F .rvhtVV
pZ
���
ry�ffio- �ry a
e a Qyffi Fca^ aryl" GJ
S
ova
,04ffi
��
rQOma
�m
N n
U! E
� a
A �
1
U!
N
(6
C
Q
O
U
v =
C7 w
m
Z
r�
'The city of saint John
PROCLAMATION
WHEREAS: the municipality of Saint John is committed to assisting
citizens with disabilities to participate fully in our
community; and
WHEREAS. many persons living with disabilities face barriers in the
areas of employment, access to information, transportation,
housing, education, recreation, and other disability -related
supports; and
WHEREAS. we believe that more citizens with disabilities should have
the chance to access disability related supports to improve
their opportunities in New Brunswick, and
WHEREAS: we support the theme: "Accessibility = Inclusion"
NOW THEREFORE: I, Mayor Donna Noade Reardon, of Saint John do hereby
request the citizens of Saint John to join with our Council in recognizing persons
with disabilities and their role in our community by the observance of Disability
Awareness Week and to hereby proclaim the week of May 28 to June 3, 2023 as
Disability Awareness Week 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.
45
r�
'The city of saint John
PROCLAMATION
WHEREAS: the City of Saint John and the Saint John Police recognize
June 8th, as Saint John Police Retirees' Day; and
WHEREAS: the Saint John Police Retirees will be recognized for their
invaluable service, commitment to excellence, valour and
dedication to duty; and
WHEREAS. as a direct result of their professional contributions during
their service, Saint John Police Retirees enhanced the
policing service delivery model to the people who live, work,
and visit this great City of Saint John; and
WHEREAS. it is important that all citizens understand and appreciate the
pride, passion, engagement and sacrifices Saint John Police
Retirees have made in safeguarding life and property so that
together, we can have a safe, secure, healthy community.
NOW THEREFORE: I, Mayor Donna Reardon, of Saint John do hereby
proclaim June 8, 2023, as "Saint John Police Retirees' Day", in honour of those
whose dedication, professionalism and significant daily contribution kept our
citizens and communities safe.
In witness whereof I have set my hand and affixed the official seal of the Mayor
of the City of Saint John.
46
r�
'The city of saint John
PROCLAMATION
WHEREAS: Shriners International is a well-known fraternity dedicated
towards fun, fellowship and philanthropy with 200,000
members belonging to over 200 chapters throughout Canada,
the United States, Mexico, Republic of Panama, Philippines,
Europe and South America;
WHEREAS. its members support 27 Children's Hospitals and Treatment
Centres, including a hospital in Montreal, with a one -of -a -
kind international paediatric specialty health care system that
was founded by the Shriners fraternity in 1922 and provides
all care regardless of the cost to patients or their families;
WHEREAS. it is fitting and appropriate to acknowledge and celebrate this
wonderful fraternity and its rich history on June 6th, the
anniversary of the day Imperial Council of Shriners
International was founded.
NOW THEREFORE: I, Mayor Donna Noade Reardon, of Saint John do hereby
declare the day of June 6a', to be Shriners International Day 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.
47
cc
L
ai
0
L
0
0
0
4-J
0
0
0
+-+
co
0
L
0
0
0
.3:
L
m
Z
Ln
E
Q)
Et
O
O
4-
4--J
U
LL/)
�
U
r
00
L.-
c,/-
O
D
m
'
m
z�
a)
O`-
+�
E
N
a)>
a)
o�
o
�
L
co
}'
cn
O
O
O
Q
O
C
O
i
C
N
Q
},
Q)
`o
N
a--
O
N
E
N
O
C)
c6
Ln
quo
>-
u
m
U
3:
UO
Cal
N
Q)
m N Q O
Q) O Ln N
O c6
i i Q m Ln —
` 4- Z3 c6 Ln
O � �
c c
c6 Q)
�C can OU c(i) c� 2 m 0 0 0 m
so
m
v)
UI
(a)
O
r'I
a-J
U
Q
O
—
C
ca
cn
C:
4)
O
•-
C-
•-
•-
m
CU
�E
O
4-j
E
�
O
�
V
�
.
E
>
O
E
ca
•
N
LO
O
vO
i--)
c/)
�
C6
a--'
CZO
�
C6
0
O
�
�
E
�
Q
—
cn
�
Q
Lp
Q
E
w
E
>
+-
O
U
—
0
U
M
Ln
W
O
�
�
U
ro
E
U
L
U
w
c
=3
a--j
cn
LL
U
Q)
-
O
1
1
.�
O
O
0-0
T
^�
W
a--j
M
C-
>-
w
c
o
N
E
m
O
E
o
•c
ul)
N
O
N
[--
N
cn
0
LO
r MWrr-,- 3•
mo
*te- -
-
*y, T
�+I, Rb i
e`A -PIP
OF
' L �+ }
,. --
�. r••..
tom!
r�
r
s
of
* � 44
i
167
f �
alp
_
y�r
cm
LO
4j
n�
W
E
v
O
O
U
4)
4)4-j
E
4--'
CO
O
D
z
u
O
>-
a)
C
O
o
co
LO
rn
LO
_0
Q)
E
O
t/)
)4--i
Q)
-
Zi
'j
N
. N
O
m
C
U
4--i
z
ap
)
V)
o
�
C-
p
Q)
C
Q)
>
Cm
—
Ll
a)
a)
0
OS
�--+ L
f `M
-
oo
QQD
w
1
m m
Submitted on Mon, 05/15/2023 - 17:12
About Person/Group Submitting
First name
Last name
Name of organization/group (where applicable)
Kidney Cancer Canada/Cancer du Rein Canada
Mailing Address
37 Kelly's Drive
Fredericton, New Brunswick. E313 7111
Telephone
(506) 455-5413
Email
rossk771@gmail.com
If you do not wish to have your personal information (address, phone number, email) become part of
the public record, please check this box.
No
About your Submission
Topic of submission
The International Kidney Cancer Coalition has declared Thursday, June 15th, 2023 to be World Kidney
Cancer Day. The theme this year is "Living with Kidney Cancer".
Purpose for submission (what is the ask of council):
We request that Mayor Reardon proclaim Thursday, June 15th, 2023 as World Kidney Cancer Day in the
city of Saint John, New Brunswick.
Executive summary
Kidney Cancer Canada/Cancer du Rein Canada is a national, bilingual community of patients, caregivers
and health professionals who work to provide every Canadian touched by kidney cancer with support,
education and advocacy for their care pathways and treatment options. We are the only Canadian,
bilingual , national patient and caregiver organization solely focused on kidney cancer.
W
First Name:
Last Name:
Name of Organization/Group (where applicable):
Kidney Cancer Canada
Address:
37 Kelly's Drive
Fredericton, New Brunswick. E3B 7R1
Canada
Day Time Phone Number:
(506)-455-5413
Email
rossl<771@gmail.com
If you do NOT wish to have your personal information (address, phone number, email) become part of
the public record, please check this box.
No
About your Request
Topic of Presentation:
"Living With Kidney Cancer"
Purpose for Presentation (what is the ask of Council):
We request I be granted 3-5 minutes to present on "Living with Kidney Cancer" remotely (the same as in
June, 2022.) We request that the presentation be at the same city council meeting as our proclamation
request, should it be granted. The request for that is forthcoming on a separate form. This meeting
should be one before June 15th if possible.
Background Information:
Kidney Cancer Canada/Cancer du Rein Canada is a national, bilingual community of patients, caregivers
and health professionals who work to provide every Canadian touched by kidney cancer with support,
education and advocacy for their care pathways and treatment options.
Are you making a request for funding?
No
AElI
*�jf' -['T j D ht .1 f
M&C No.
Report Date
Meeting Date May 23, 2023
Service Area General Counsel
SUBJECT: Bill 45 Presentation
COUNCIL RESOLUTION
RESOLVED that the Mayor execute a letter on behalf of Council, generally in the form
as presented to Committee of the Whole at its meeting held May 23, 2023, to the
Minister of Local Governance and Local Governance reform on Bill 45 — Local
Governance Commission Act outlining the City's concerns regarding Bill 45.
ARI
M&C No.
2023-133
Report Date
May 15, 2023
Meeting Date
May 23, 2023
Service Area
General Counsel
SUBJECT: CMHC Request for Termination of 1957 Agreement
EXECUTIVE SUMMARY OF COMMITTEE OF THE WHOLE REPORT FOR OPEN
SESSION OF COUNCIL
In 1957, the City entered into an Agreement with CMHC regarding the property
known as the "Rifle Range" in the City's North End. CMHC has recently asked that
the City agree to terminate the Agreement as the property is being sold to a well-
known local non-profit organization. A search of the City's records has not found
any evidence to demonstrate that the City acted on the Agreement for the past
several years and CMHC has indicated their position is that there are no
outstanding obligations stemmingfrom the Agreement. The purpose of this report
is to seek Council's approval to formally terminate the 1957 Agreement.
COUNCIL RESOLUTION
That the City enter into the Termination Agreement in the form as presented to
Committee of the Whole at its meeting held May 23, 2023, for the purpose of
acknowledging the termination of an agreement between the City and the Central
Mortgage and Housing Corporation ("CMHC") dated October 1, 1957, and that the
Mayor and Clerk be authorized to execute the said Termination Agreement and
any documents ancillary thereto.
C��
M&C No.
2023-140
Report Date
May 17, 2023
Meeting Date
May 23, 2023
Service Area
General Counsel
SUBJECT: Listing Agreement with Brunswick Brokers
EXECUTIVE SUMMARY OF COMMITTEE OF THE WHOLE REPORT FOR OPEN
SESSION OF COUNCIL
The City requires expert support with respect to a pending negotiation and
Brunswick Brokers Limited have the expertise and availability to assist. The
engagement of Brunswick Brokers Limited will be formalized by entering into a
Listing Agreement.
COUNCIL RESOLUTION
That the City enter into the Listing Agreement with Brunswick Brokers Limited
generally in the form as presented to Committee of the Whole at its meeting held
May 23, 2023, for the purpose of engaging expert support in a complex land
negotiation and that the Mayor and Clerk be authorized to execute the said Listing
Agreement and any other documents ancillary thereto.
AYA
M&C No.
2023-116
Report Date
April 24, 2023
Meeting Date
May 23, 2023
Service Area
Growth and Community
Development Services
SUBJECT: Termination of Shawarma Hut Lease and Initiation of New Lease
with Katsubi
EXECUTIVE SUMMARY OF COMMITTEE OF THE WHOLE REPORT FOR OPEN
SESSION OF COUNCIL
Shawarma Hut wishes to enter into a purchase and sale agreement with Katsubi
pertaining to the commercial assets of the business. Katsubi does not wish to
continue with the current business model of Shawarma Hut, and instead has
proposed the establishment of a new Japanese fusion restaurant. City staff
recommend the termination of its existing Lease with Shawarma and the approval
of a new Lease with the owners of Katsubi.
COUNCIL RESOLUTION
1. NOW THEREFORE BE IT RESOLVED that the city terminate its existing
lease with CHS Foods Ltd., dba Shawarma Hut for stall "4" and ancillary
spaces in the City Market; and
2. FUTHER BE IT RESOLVED that the City enter a new five-year lease with
732653 NB Inc., dba Katsubi effective June 1st, 2023, under the terms
and conditions as set out by the lease submitted with M&C 2023-116;
and
3. FURTHER BE IT RESOLVED that the Mayor and City Clerk be authorized
to execute any necessary documents ancillary to such purpose.
C:�:3