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2023-09-18_Agenda Packet--Dossier de l'ordre du jour�B City of Saint John Common Council Meeting AGENDA Monday, September 18, 2023 6:00 pm Meeting Conducted by Electronic Participation An Electronic means of communication will be used at this meeting. The public can view the meeting on the City's Website (wwwsaintjohn.ca) or on Youtube live stream (City of Saint John @saintjohnweb). Pages 1. Call to Order 1.1 Land Acknowledgement 1.2 National Anthem 2. Approval of Minutes 2.1 Minutes of September 5, 2023 1-9 3. Approval of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 P.R.O. [,ads Policy Updates (Recommendation in Report) 10 - 31 5.2 Fire Marque Agency Agreement - Renewal (Recommendation in Report) 32 - 46 6. Members Comments 7. Proclamation 7.1 Rail Safety Week - September 18 to 24, 2023 47 - 47 7.2 Wrongful Conviction Day - October 2, 2023 48 - 48 7.3 National Forest Week - September 17 to 23, 2023 49 - 49 8. Delegations / Presentations 8.1 Launching a New Era with Burchill Wind - Saint John Energy 50 - 61 9. Public Hearings - 6:30 p.m. 10. Consideration of By-laws 10.1 Zoning By -Law Amendment - 50 MacAuley Avenue (3rd Reading) 62 - 69 10.2 Zoning ByLaw Amendment with Section 59 Conditions - 351 Latimore Lake 70 - 75 Road (3rd Reading) 10.3 Zoning ByLaw Amendment - 90 Wilton 3rd Reading (3rd Reading) 76 - 78 11. Submissions by Council Members 12. Business Matters - Municipal Officers 12.1 Labour Disruption Update (Verbal) 12.2 New Provincial Municipal Highway Partner Program - Project List 79 - 86 13. Committee Reports 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 15.1 Annual General Meeting Letter - Pension Board of Trustees: Mayor and 87 - 87 Council (Recommendation: Council Select a Representative to Send to the Meeting ) 15.2 Homelessness (Recommendation: Receive for Information) 88 - 106 16. Supplemental Agenda 16.1 American Iron and Metal (Councillor Norton) 107 - 108 16.2 HMCS Brunswicker Proclamation 109 - 109 16.3 Public Safety Committee (Verbal Update) 16.4 Uptown SJ Letter re American Iron and Metal 110 - 110 16.5 Wage Escalation Policy and City Reserve Funds 111 - 134 2 17. Committee of the Whole 17.1 Building Safer Communities Fund 135 - 135 17.2 Release of Positive Covenant 279 Duke Street 136 - 136 18. Adjournment COMMON COUNCIL / CONSEIL COMMUNAL September 5, 2023 / le 5 septembre 2023 The City of Saint job n MINUTES — REGULAR MEETING COMMON COUNCIL OF THE CITY OF SAINT JOHN SEPTEMBER 5, 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 Ward 1 Greg Norton 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 -at -Large Brent Harris Councillor Ward 1 Joanna Killen Also Present: Chief Administrative Officer (CAO) B. McGovern Chief Financial Officer K. Fudge General Counsel M. Tompkins Commissioner Human Resources S. Hossack Fire Chief K. Clifford Commissioner Utilities & Infrastructure Services I. Fogan Acting Commissioner Growth and Community Services A. Poffenroth Director Communications L. Caissie Commissioner Public Works and Transportation Services M. Hugenholtz Director Legislative Services / City Clerk J. Taylor Deputy Clerk Patricia Anglin Call to Order COMMON COUNCIL / CONSEIL COMMUNAL September 5, 2023 / le 5 septembre 2023 1.1 Land Acknowledaement Councillor Stewart read aloud the Land Acknowledgement and called for a moment of reflection. "The City of Saint John/Menaquesk is situated is the traditional territory of the Wolastoqiyik/Maliseet.The Wolastoqiyik/Maliseet along with their Indigenous Neighbours, the Mi'Kmaq/Mi'kmaw and Passamaquoddy/Peskotomuhkati signed Peace and Friendship Treaties with the British Crown in the 1700s that protected their rights to lands and resources." 1.2 National Anthem The Saint John Symphony Youth Orchestra performed O Canada by video. 2. Approval of Minutes 2.1 Minutes of August 21, 2023 Moved by Councillor Stewart, seconded by Deputy Mayor MacKenzie: RESOLVED that the minutes of August 21, 2023 be approved. MOTION CARRIED. 3. Approval of Agenda Moved by Councillor Ogden, seconded by Deputy Mayor MacKenzie: RESOLVED that the agenda for September 5, 2023 be approved with the addition of 17.1 Consideration of Sale of Industrial Park Lands to QCCC Atlantic Training Centre; and 17.2 CMHC Rapid Housing Contribution Agreement. MOTION CARRIED. 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 RESOLVED that as recommended in the submitted report M&C 2023-208: Street Naming — cour Aquarius Court, Common Council amend the list of Official Street Names and approve the following change: 1. Add the name "cour Aquarius Court". 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 K COMMON COUNCIL / CONSEIL COMMUNAL September 5, 2023 / le 5 septembre 2023 Members commented on various local events. 7. Proclamation 7.1 The Mayor proclaimed the month of September 2023 as Fetal Alcohol Spectrum Disorder month in the City of Saint John. 7.2 The Mayor proclaimed the week of September 10 to September 16, 2023 as Living Organ Donation Week in the City of Saint John. 7.3 The Mayor proclaimed the month of September 2023 as Arthritis Awareness Month and October 12, 2023 as World Arthritis Day in the City of Saint John. 8. Delegations / Presentations 9. Public Hearings — 6:30 p.m. 9.1 Proposed Zoninq By -Law Amendment with Planning Advisory Committee report and Staff Presentation — 351 Latimore Lake Road (1 st and 2nd Readina) Acting Commissioner A. Poffenroth presented an overview of the rezoning application to use the site located at 351 Latimore Lake Road for a residence (mini home) and a mini/mobile home transport and relocation business. The Planning Advisory Committee recommendation and staff recommendation are aligned. Senior Planner M. Reade presented the staff recommendation details. Mayor Noade Reardon called the Public Hearing to order. The Mayor called for members of the public to speak against the proposed amendment with Philip Nelson, resident of Likely Road presenting, citing traffic concerns, deeded access to the Likely Road. The Mayor called for members of the public to speak in favour of the proposed amendment with no one presenting. Mayor Noade Reardon closed the Public Hearing. Moved by Councillor Lowe, seconded by Councillor Stewart: RESOLVED that the by-law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John" amending Schedule "A", the Zoning Map of The City of Saint John, by rezoning a parcel of land having an area of approximately 0.17 hectares, located at 351 Latimore Lake Road also identified as PID Number 00334631 from Rural Residential (RR) to Integrated Development (ID); and amending Schedule "A", the Zoning Map of The City of Saint John, by rezoning a parcel of land having an area of approximately 8.4 hectares, located adjacent to 351 Latimore Lake Road also identified as PID Number 00421727, from Rural (RU) to Integrated Development (ID), be read a first time. MOTION CARRIED K3 COMMON COUNCIL / CONSEIL COMMUNAL September 5, 2023 / le 5 septembre 2023 Read a first time by title, the by-law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John." Moved by Councillor Lowe, seconded by Councillor Stewart: RESOLVED that the by-law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John" amending Schedule "A", the Zoning Map of The City of Saint John, by rezoning a parcel of land having an area of approximately 0.17 hectares, located at 351 Latimore Lake Road also identified as PID Number 00334631 from Rural Residential (RR) to Integrated Development (ID); and amending Schedule "A", the Zoning Map of The City of Saint John, by rezoning a parcel of land having an area of approximately 8.4 hectares, located adjacent to 351 Latimore Lake Road also identified as PID Number 00421727, from Rural (RU) to Integrated Development (ID), be read a second time. MOTION CARRIED Read a second time by title, the by-law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John." 9.2 Proposed Zoning ByLaw Amendment with Planning Advisory Committee report and Staff Presentation — 50 MacAuley Avenue (1st and 2nd Reading) Acting Commissioner A. Poffenroth presented an overview of the rezoning application at 50 MacAuley Avenue to permit the creation of an additional dwelling unit. The Planning Advisory Committee recommendation and staff recommendation are aligned. Planner T. Lewallen presented the staff recommendation details. Mayor Noade Reardon called the Public Hearing to order. The Mayor called for members of the public to speak against the proposed amendment with no one presenting. The Mayor called for members of the public to speak in favour of the proposed amendment with no one presenting. Mayor Noade Reardon closed the Public Hearing. Moved by Councillor Lowe, seconded by Councillor Radwan: RESOLVED that the by-law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John" amending Schedule "A", the Zoning Map of The City of Saint John, by rezoning a parcel of land having an area of approximately 841 square metres, located at 50 MacAuley Avenue, also identified as PID Number 55176341, from One Unit Residential (R1) to Two -Unit Residential (R2), be read a first time. MOTION CARRIED. Read a first time by title, the by-law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John." Moved by Councillor Sullivan, seconded by Deputy Mayor MacKenzie C! COMMON COUNCIL / CONSEIL COMMUNAL September 5, 2023 / le 5 septembre 2023 RESOLVED that the by-law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John" amending Schedule "A", the Zoning Map of The City of Saint John, by rezoning a parcel of land having an area of approximately 841 square metres, located at 50 MacAuley Avenue, also identified as PID Number 55176341, from One Unit Residential (R1) to Two -Unit Residential (R2), be read a second time. MOTION CARRIED. Read a second time by title, the by-law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John." 9.3 Proposed Zoning ByLaw Amendment with Planning Advisory Committee report and Staff Presentation - 90 Wilton Street (1 st and 2nd Readina) Acting Commissioner A. Poffenroth presented an overview of the rezoning application at 90 Wilton Street to legalize the existing 7 units in the building. The Planning Advisory Committee recommendation and staff recommendation are aligned. Planner Y. Mattson provided the staff presentation details. Mayor Noade Reardon called the Public Hearing to order. The Mayor called for members of the public to speak against the proposed amendment with no one presenting. The Mayor called for members of the public to speak in favour of the proposed amendment with Don Cullinan Solicitor for the applicant presenting. Mayor Noade Reardon closed the Public Hearing. Moved by Councillor Lowe, seconded by Councillor Hickey: RESOLVED that the by-law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John" amending Schedule "A", the Zoning Map of The City of Saint John, by rezoning a parcel of land having an area of approximately 965 square metres, located at 90 Wilton Street, also identified as PID Number 55218192, from Two -Unit Residential (R2) to Mid - Rise Residential (RM), be read a first time. MOTION CARRIED. Read a first time by title, the by-law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John. Moved by Councillor Sullivan, seconded by Councillor Radwan: RESOLVED that the by-law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John" amending Schedule "A", the Zoning Map of The City of Saint John, by rezoning a parcel of land having an area of approximately 965 square metres, located at 90 Wilton Street, also identified as PID Number 55218192, from Two -Unit Residential (R2) to Mid - Rise Residential (RM), be read a second time. MOTION CARRIED. 61 COMMON COUNCIL / CONSEIL COMMUNAL September 5, 2023 / le 5 septembre 2023 Read a second time by title, the by-law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John. 10. Consideration of By -Laws 10.1 Zoning By -Law Amendment, Recission of previous Section 39/59 Conditions, and Section 59 Conditions — 384 Lancaster Avenue (31d Reading) Acting Commissioner A. Poffenroth advised the application has received first and second reading and all legislative conditions have been met. Moved by Councillor Sullivan, seconded by Councillor Stewart: RESOLVED that the by-law entitled, "By -Law Number C.P. 111-155 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 7,634 square metres, located at 384 Lancaster Avenue also identified as PID 00386466 from Business Park Commercial (CBP) to General Commercial (CG), be read. MOTION CARRIED The by-law entitled "By -Law Number C.P. 111-155 A Law to Amend the Zoning By -Law of the City of Saint John", was read in its entirety. Moved by Councillor Sullivan, seconded by Councillor Stewart: RESOLVED that Common Council, pursuant to the provisions of Section 59 of the Community Planning Act, rescind conditions imposed on the May 22, 2018, rezoning for the parcel of land having an area of approximately 7,634 square metres, located at 384 Lancaster Avenue, also identified as PI 00386466. MOTION CARRIED. Moved by Deputy Mayor MacKenzie, seconded by Councillor Radwan: RESOLVED that Common Council, pursuant to the provisions of Section 59 of the Community Planning Act, impose the following conditions pursuant to the rezoning of the parcel of land having an area of approximately 7,634 square metres, located at 384 Lancaster Avenue, also identified as PI 00386466: a. The site shall not be redeveloped except in accordance with a detailed site plan, landscaping 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, landscaped areas and other site features; b. The landscaping plan mentioned in condition (a) must incorporate plantings and landscaping illustrated on the site plan that accompanied the application specifically the landscaping associated with the existing retaining wall located between the rear of the building and the adjacent residential property on Dunn Avenue. This landscaping must be retained to provide a buffer between the site and the adjacent residential property; C.1 COMMON COUNCIL / CONSEIL COMMUNAL September 5, 2023 / le 5 septembre 2023 c. Should any changes to the facades of the buildings be required, the developer shall prepare a plan subject to the approval of the Development Officer, showing the facades, exterior building materials and finishes, and required wall penetrations for ventilation; and d. The approved plans mentioned in conditions (a) and (c) must be attached to the application for building permit for the development. MOTION CARRIED Moved by Deputy Mayor MacKenzie, seconded by Councillor Stewart: RESOLVED that the by-law entitled, "By -Law Number C.P. 111-155 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 7,634 square metres, located at 384 Lancaster Avenue also identified as PID 00386466 from Business Park Commercial (CBP) to General Commercial (CG), 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. 111-155 A Law to Amend the Zoning By -Law of the City of Saint John". 11. Submissions by Council Members 12. Business Matters — Municipal Officers 12.1 Chief Administrative Officer Update on Select Catalytic Projects and Advocacy Verbal CAO B. McGovern provided a brief update on the Affordable Rapid Housing Initiative Project located at 67 Broadview Street, with Kaleidoscope Social Impact. The project will create 39 affordable housing units. The site is set to open November 2024. Moved by Deputy Mayor MacKenzie, seconded by Councillor Ogden: RESOLVED that the Chief Administrative Officer verbal update on select Catalytic Projects and Advocacy be received for information. MOTION CARRIED. 13. Committee Reports 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 15.1 E. Neumann: Regulation of Taxicabs (Recommendation: Refer to Chief Administrative Officer for follow-up) Moved by Deputy Mayor MacKenzie, seconded by Councillor Hickey: RESOLVED that the correspondence from E. Neumann: Regulation of Taxicabs, be referred to the Chief Administrative Officer for follow-up. r� COMMON COUNCIL / CONSEIL COMMUNAL September 5, 2023 / le 5 septembre 2023 MOTION CARRIED. 15.2 Canadian Institute of Forestry: Request for Proclamation (Recommendation: Refer to Clerk to prepare proclamation) Moved by Deputy Mayor MacKenzie, seconded by Councillor Radwan: RESOLVED that the request for a proclamation from the Canadian Institute of Forestry be referred to the Clerk to prepare the proclamation. MOTION CARRIED. 15.3 T. Cooke: Request to Present — Cherry Brook Zoo Equipment and Enclosures (Recommendation: Refer to Chief Administrative Officer for follow-up) Moved by Deputy Mayor MacKenzie, seconded by Councillor Sullivan: RESOLVED that the T. Cooke: Request to Present regarding Cherry Brook Zoo Equipment and Enclosures, be referred to the Chief Administrative Officer for follow-up. MOTION CARRIED. 15.4 J. Dobbelsteyn: Pedestrian Safety (Recommendation: Refer to Chief Administrative Officer for follow-up) Moved by Deputy Mayor MacKenzie, seconded by Councillor Radwan: RESOLVED that the correspondence from J. Dobbelsteyn regarding Pedestrian Safety, be referred to the Chief Administrative Officer for follow-up. MOTION CARRIED. 15.5 Fundy Regional Services Commission: Submission of draft 2024 Fundy Regional Services Commission budget (Recommendation: Provide feedback to FRSC appointee Deputy Mayor MacKenzie) Moved by Councillor Radwan, seconded by Councillor Norton: RESOLVED that Council members provide any feedback on the Fundy Regional Services Commission 2024 draft budget to the FRSC appointee Deputy Mayor MacKenzie. MOTION CARRIED. 15.6 J. Watson: Heritage Grants Program (Recommendation: Refer to Growth Committee) Moved by Councillor Norton, seconded by Councillor Stewart: RESOLVED that the correspondence from J. Watson regarding the Heritage Grants Program be referred to the Growth Committee. MOTION CARRIED. 16. Supplemental Agenda E:3 COMMON COUNCIL / CONSEIL COMMUNAL September 5, 2023 / le 5 septembre 2023 17. Committee of the Whole 17.1 Consideration of Sale of Industrial Park Lands to QCCC Atlantic Training Centre Moved by Deputy Mayor MacKenzie, seconded by Councillor Lowe: RESOLVED that as recommended by the Committee of the Whole, having met on September 51", 2023 the City enter into the submitted Agreement of Purchase and Sale with QCCC Atlantic Training Centre in the form as presented to Committee of the Whole at its September 5, 2023 meeting and that the Mayor and Clerk be authorized to execute the said Agreement of Purchase and Sale and any documents necessary to effect the transaction. MOTION CARRIED. 17.2 CMHC Rapid Housing Contribution Agreement Moved by Deputy Mayor MacKenzie, seconded by Councillor Radwan: RESOLVED that as recommended by the Committee of the Whole, having met on September 51", 2023, Common Council approve the following: The July 24, 2023 resolution of Council relating to CMHC Rapid Housing Contribution Agreement be amended by deleting paragraph 2 of the resolution and replacing it with the following: "2. Subject to the City receiving consent from CMHC for the registering of the necessary mortgages against the project lands and subject to the terms of the Provincial Funding for the Project matching those of the CMHC funding, including the 40 year affordability period for the project, that the City of Saint John enter into a contribution agreement with Kaleidoscope Social Impact for a project located at 67 Broadview Street, Saint John, New Brunswick generally in the form as presented to Committee of the Whole at its September 5, 2023 meeting." MOTION CARRIED. 18. Adjournment Moved by Councillor Lowe, seconded by Councillor Sullivan: RESOLVED that the meeting of Common Council held on September 5, 2023, be adjourned. MOTION CARRIED. The Mayor declared the meeting adjourned at 6:58 p.m. COMMON COUNCIL REPORT M&C No. 2023-205 Report Date September 10, 2023 Meeting Date September 18, 2023 Service Area Growth and Community Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT. P.R.O. Kids Policy Updates AUTHORIZATION Primary Author Commissioner/Dept. Head Chief Administrative Officer Jen Reed Amy Poffenroth J. Brent McGovern RECOMMENDATION Your Chief Administrative Officer recommends Common Council: 1. Approve amended Terms of Reference for the P.R.O. Kids Advisory Committee; and 2. Approve amended P.R.O. Kids Special Purpose Fund. EXECUTIVE SUMMARY The City of Saint John believes that all children regardless of economic ability should have access to some form of recreation or positive leisure pursuit. To achieve this goal Common Council has created the Positive Recreation Opportunities Kids program (P.R.O Kids). P.R.O. Kids provides financial assistance to children and youth in need so that all children and youth will have the opportunity to participate in the arts, cultural, recreation, and sport activity of their choice. Individual participation in such activities has been shown to increase self-esteem, knowledge, and personal development. In January 2002, P.R.O. Kids began to operate as a charitable service administered by Community Services Staff. P.R.O. Kids grew to serve residents of Greater Saint John when the towns of Rothesay, Quispamsis and Grand Bay -Westfield became annual contributors to administrative costs. The Special Purpose Fund is established for the purpose of receiving, holding and dispersing monies to be used to provide financial assistance to children and youth in need to allow them to participate in community sport, recreation, art, and cultural activities. The P.R.O. Kids Advisory Committee adopted their Terms of Reference in September 2001, with the last revision in November 2014. The Terms of ito] -2- Reference are in place to provide structure, guidelines, and clear direction to advisory committee members. PREVIOUS RESOLUTION December 81h, 2003- RESOLVED that as recommended by the City Manager the PRO Kids 2002 Annual Report be received and filed; the terms of reference for the Special Purpose Fund be amended to reflect the proposed changes as outlined in the submitted Schedule "A", the terms of reference for the P.R.O. Kids Committee be amended to reflect the proposed changes as outlined in the submitted Schedule "B" and the proposed changes to the committee outlined in the submitted Schedule "C". August 3rd, 2004- RESOLVED that as recommended by the City Manager: 1. The 2003 Annual Report for the P.R.O. Kids Program be received for information. 2. The proposed amendment to the P.R.O. Kids Committee Terms of Reference, as indicated in the submitted Schedule 'A" be adopted; and 3. The proposed changes to the Committee, as outlined in the submitted Schedule'B" be adopted. November 24, 2014- RESOLVED that as recommended by the City Manager in the submitted report M&C 2014-200: P.R.O Kids Committee- Terms of Reference -Amendment. Common Council approves the amended 'P.R.O. Kids Committee - Terms of Reference' submitted as Schedule W. REPORT Updates to the P.R.O. Kids Special Purpose Fund The Special Purpose Fund (Attachment A) is established for the purpose of receiving, holding and dispersing monies to be used to provide financial assistance to children and youth in need to allow them to participate in community sport, recreation, art, and cultural activities. Those monies withdrawn from the fund shall be used for the purpose of supporting the participation of children and youth in community sport, recreation, art, and cultural activities. Staff is recommending the implementation of an alternative delivery model which would see the P.R.O. Kids Advisory Committee through a motion approve disbursement of amounts up to but not exceeding $5,000 to short term alternative program delivery models that uphold the mandate of P.R.O. Kids and remain within the parameters of the eligibility and selection criteria. An objective for this model of funding is to aid/remove barriers in the startup costs associated with the new programs to allow for immediate participation. (i.e. the payment 11 -3- of an instructor for a new activity at a community center- in turn the youth participating in the event would participate free of charge). The following parameters would be in place for qualification. • Those interested in the funding must complete the Program Funding Application Form. • Before payment is issued- names and contact information of participants must be submitted to P.R.O. Kids staff for application records and reconciling. • Request for payment must be made within 4 weeks of the start date of program. Failure to do so may result in nonpayment. • The program must identify a gap in service delivery and explain how the assistance of the funding alleviates barriers to participants. • Funding for these programs will not exceed two years. • The program must be facilitated by a not -for -profit organization or be affiliated. • Consideration will be given to new and emerging programs that support diversity and inclusion, (i.e., increased participation of girls, newcomers, and people with disabilities.) • If the advisory committee by motion, requests to fund a program exceeding $5,000, the decision will be at the discretion of the Senior Manager of Community Support Services. Updates to the P.R.O. Kids Terms of Reference The updates to the P.R.0 Kids Terms of Reference provide clearer guidance and structure for advisory committee members. Sections 2.0- Roles of P.R.O. Kids Advisory Committee and Section 3.0 Responsibilities have been amended. Along with section 6.7 which provides guidance for non -committee members to volunteer for the program on subcommittees. Additions are the Code of Conduct for Advisory Committee members and the Volunteer Code of Conduct for those who wish to serve on the subcommittee. 12 -4- STRATEGIC ALIGNMENT This report aligns with Council's Priorities of BELONG by enhancing the quality of life and social well-being by offering recreation, arts, and cultural opportunities to align with PlaySJ. SERVICEAND FINANCIAL OUTCOMES N/A INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The P.R.O. Kids Advisory Committee endorsed both the attached documents and the updates made to them (Appendix C) at the April 2023 Advisory Committee meeting. The City of Saint John's City Clerk's office has reviewed the attached documents. ATTACHMENTS Attachment A- P.R.O. Kids Special Purpose Fund Attachment B- P.R.O. Kids Advisory Committee Terms of Reference Attachment C- P.R.O. Kids Advisory Committee Endorsement letter 13 Schedule "B" Special Purpose Fund - P.R.O. Kids Program Purpose The Special Purpose Fund - P.R.O. Kids Program is established for the purpose of receiving, holding and dispersing monies to be used to provide financial assistance to children and youth in need to allow them to participate in community sport, recreation, art and cultural activities. Common Council of City of Saint John directs that the Special Purpose Fund - P.R.O. Kids Program shall be administered to: Accept corporate, foundation, and individual donations in support of the P.R.O. Kids program. That all the donations received shall be deposited in the fund. 2. Those monies withdrawn from the fund shall be used for the purpose of supporting the participation of children and youth in community sport, recreation, art and cultural activities. 3. That authority for the expenditure of monies from the fund will be vested with the Senior Manager of Community Support Services in accordance with the terms and conditions designated by Common Council. 4. Disbursements from the Special Purpose Fund - P.R.O. Kids Program All disbursements from the fund shall be such that the identity of individual recipients shall be given the greatest degree of confidentiality and shall fully comply with the eligibility and selection criteria. (a) Community Services Coordinator designated by the Manager of Community Services considering advice provided by one of the members P.R.O. Kids Advisory Committee members, shall have authority to approve expenditures per individual per calendar year of amounts up to $500.00. (b) The Manager of Community Services may approve up to an additional $500.00 per individual per calendar year in special cases, upon the written recommendation of the Community Services Coordinator and the P.R.O. Kids committee member. The Pro Kids Committee through a motion may approve disbursement of amounts up to but not exceeding $5000.00 to short term alternative program delivery models that uphold the mandate of Pro Kids and remain with the parameters of the eligibility and selection criteria. An objective for this model of funding is to aid/remove barriers in the startup costs associated with the new programs to allow for immediate participation. (i.e., the payment of an instructor for a new 14 activity at a community centre- in turn the youth participating in the event would participate free of charge). • Those interested in the funding must complete the Program Funding Application Form. • Before payment is issued- names and contact information of participants must be submitted to Pro Kids staff for application records and reconciling. • Request for payment must be made within 4 weeks of the start date of program. Failure to do so may result in nonpayment. • The program must identify a gap in service delivery and explain how the assistance of the funding alleviates barriers to participants. • Funding for these programs will not exceed two years. • The program must be facilitated by a not -for -profit organization or be affiliated. • Consideration will be given to new and emerging programs that support diversity and inclusion, (i.e., increased participation of girls, newcomers, and people with disabilities.) • If the committee by motion, requests to fund a program exceeding the $5000, the decision will be at the digression of the Senior Manager of Community Support Services. (c) An annual report shall be prepared and presented to Common Council on the previous year's activities within the fund detailing the activities of the funds (without naming individual recipients). 15 Eligibility and Selection Criteria Youth can be referred to the program through family agencies, coaches, community leaders, neighbours, and community police. Parents and Guardians and youth may apply directly. The Community Services Coordinator shall have the authority to establish application deadlines and shall endeavor to advertise and promote the program widely throughout the community. Eligibility Requirements: • Participants must be residents of the City of Saint John, the Town of Grand Bay -Westfield, the Town of Rothesay or the Town of Quispamsis. • Children/youth must under 19 years of age at the start of the program applied for. • Children/youth shall not be participating concurrently in other paid programs. • The parent or guardian must certify that financial support is required. • An adult reference, not the parent or guardian, who knows the child, must certify that to the best of their knowledge financial support is required. The reference may be a teacher, coach, family friend, clergy, social worker, co-worker or group leader. Selection Criteria: Efforts will be made to try to accommodate all applicants. However, in the event that there are insufficient resources to meet all requests for support, applicants will be placed on a first come, first serve basis. Posit� # Recreation R lCi s 1pp�rtunities for KlId Our Mission: To provide assistance to as many children and youth as possible who are unable to participate in sport, art, recreation or cultural activities due to financial limitations. Program Funding Application A. CONTACT INFORMATION Name of Organization Contact Name: Mailing Address: Telephone: Email: Not for Profit Affiliate; B. APPLICATION Name of Program: Amount requested Provide a general description of the new program you plan to deliver. Include tentative dates, number of days the program will be offered, location, number of children/youths expected to participate, community partnerships. How does the program align with P.R.O. Kids mission? How is financial need determined and accessibility to the program determined? Identify the specific outcomes your program aims to achieve with this funding (examples: how does this program address identified gaps in service deliverv. what special population are involved. etc. 17 C. FINANCIAL INFORMATION Complete the forecasted budget below. Include all potential revenues from other grants, fees or in -kind services. Eligible expenses may include instructor fees, venue rental space, equipment and supplies, and transportation. Financial need will be a consideration, factors include existing funding and sponsorships. BUDGET FORECAST REVENUES EXPENSES Source Amount Source Amount Total Revenues Total Expenses D. SUSTAINABILTIY If approved, how will this program become sustainability after the 2 years of funding from Pro Kids? E. SAFETY What safety measurement will be in place for participants (le. Criminal backgrounds check, appropriate insurance coverage etc..) F. CERTIFICATION ❑ I certify that the above information is true and correct to the best of my knowledge and belief and that I have verified its contents. ❑ I agree to provide PRO Kids with participant information for reporting and tracking purposes. This includes the child's name, age, and gender. iF:3 Special Purpose Fund - P.R.O. Kids Program COMMITTEE AND STAFF EVUALTION MATRIX Aligns with Pro Kids mission. (Please circle) Yes or No (Must align to move forward to ranking scale) Evaluation Score: 1 to 3 scale (1= no/ 2=somewhat/ 3= Yes) Applicant must have a score of 11 or higher to receive funding. Addresses gap in service delivery (Emerging activity), geographic, gender awareness) Safety Sustainability Special Population considerations Financial Need Total Adopted: Common Council, City of Saint John, (September 5, 2001) Amended: Common Council, City of Saint John, (December 8, 2003) 11111061 PROKids Positive Recreation fr Kids 2023 PRO KIDS TERMS OF REFERENCE.DOCX Adopted: Common Council, City of Saint John, September 5, 2001) Amended: Common Council, City of Saint John, (December 8, 2003) Amended: Common Council, City of Saint John. (August 3, 2004) Amended: Common Council. City of Saint John. (November 24, 2014) 491 Background At its regular meeting on October 12, 2001, Saint John Common Council approved the adoption of P.R.O. Kids as a program in the Community Services Department, Recreation and Parks Division. Council also approved the original Terms of Reference for the P.R.O. Kids Committee. In January 2002, P.R.O. Kids began to operate as a charitable service administered by Community Services Staff. P.R.O. Kids grew to serve residents of Greater Saint John when the towns of Rothesay, Quispamsis and Grand Bay -Westfield became annual contributors to administrative costs. 1.0 Introduction The City of Saint John believes that all children regardless of economic ability should have access to some form of recreation or positive leisure pursuit. To achieve this goal Common Council has created a P.R.O. Kids program. P.R.O. Kids provides financial assistance to children and youth in need so that all children and youth will have the opportunity to participate in the arts, cultural, recreation, and sport activity of their choice. Individual participation in such activities has been shown to increase self-esteem, knowledge, and personal development. 2.0 Roles of P.R.O. Kids Advisory Committee 2.1 The Advisory Committee plays an important support role to P.R.O. Kids. Members are expected to serve in two key roles: Ambassador: Act as an ambassador; advocate for the program and promote P.R.O. Kids services and activities in the community Advisor: Serve in an advisory capacity; act as a sounding board, provide feedback and make recommendations for staff and council. 3.0 Responsibilities 3.1 Attend regular meetings. 3.2 Develop and participate in fundraising activities. 3.3 Respond to staff email seeking input. 3.4 Review and provide feedback to staff on draft documents. 3.5 Respect all municipal policies, plans, procedures, code of conduct and guiding documents as they pertain to and govern the delivery of P.R.O. Kids as a City of Saint 21 John service. (Such documents include but are not limited to Council Priorities, the City of Saint John Strategic Plan, PlanSJ, and PlaySJ and City of Saint John Workplace Conduct Policy Appendix C). 3.6 Share approved communications to extend their reach. 3.7 Speak on behalf of P.R.O. Kids with the knowledge and consent of Growth and Community Services staff. Committee Composition The Committee shall consist of: 4.1 A minimum of 12 and a maximum of 15 members representing a wide cross section of community interest. 4.2 Saint John Common Council shall appoint 11 members, plus at least one member of Common Council. 4.3 The Town of Grand Bay -Westfield, the Town of Rothesay, and the Town of Quispamsis shall each appoint one member to represent the interests of their respective regions on the committee and who will act as liaison between the Committee and their respective municipality. 4.4 A Manager from Growth and Community Services Department shall sit on the Committee as an ex-officio member. 4.6 When appointing members to the committee, Common Council, by way of the Nominating Committee, shall endeavor to choose members with expertise and representation from one or more of the following areas: Youth Recreation, sport, culture, arts Financial supporters Marketing Social/Health services 5.0 Committee Officers Parent Fundraising Community leaders Common Council Citizen with lived experience 5.1 The P.R.O. Kids Advisory Committee shall have authority to appoint its own officers. 5.2 Officers that form an Executive are: (i) the Chair, (ii) the Vice -Chair, the (iii) the Past Chair, and the (iv) Secretary. 5.3 Officers may serve in a position for a 1-year term. The Secretary may serve for up to three years in that position. The Chair automatically becomes the Past Chair for a 1-year term once a new Chair is elected. The Vice -Chair does not automatically become the WA Chair after the office of Chair is vacant, but only does so if elected by committee resolution. 5.4 The Chair will officiate at meetings, and the Vice -Chair will officiate if the Chair is absent. 5.5 The executive members (officers) of the P.R.O. Kids Advisory Committee have the authority to sign letters, applications, and reports on behalf of, and at the request of the Committee. 6.0 Terms of Office 6.1 Committee members shall be appointed for three years. 6.2 Members may serve a maximum of two consecutive terms. Members may be re -appointed after a one-year absence. 6.3 The Council, by way of the City of Saint John Nominating Committee, shall stagger appointments so that no more than 50% of members' terms end at the same time. 6.4 A Committee member who fails to attend three (3) meetings shall be dismissed and cease to be a member unless absences are excused by Growth and Community Services staff. 6.5 A person shall cease to be a member of the Committee if that individual is found to be in breach of the Committee Code of Conduct (Appendix A). 6.6 The Committee may by resolution appoint such sub -committees as it may require for the purpose of carrying out or reporting on specific projects. 6.7 A person who is not a member of the Advisory Committee and wishes to serve on an ad hoc sub -committee shall be appointed by the Advisory Committee and staff as an ex- officio sub -committee member and must adhere to the Volunteer Code of Conduct (Appendix B) 6.8 Committee members shall serve without remuneration. 6.9 All Committee members' terms will normally begin on January PT and end on December 315T in the third year of their appointment. If a member is appointed mid-term, their term will end on December 315T in the third year of their appointment. If a Committee member is an elected official, their term ends on the date of the next municipal election of the municipality they represent. 6.10 Committee members who are appointed agree to serve their entire term but may for a just reason resign from the committee provided they provide proper notification to the Committee who will then notify the Office of the Common Clerk. W 7.0 Meetings 7.1 Quorum is met by attendance of at least 51% of Committee members. 7.2 Growth and Community Services staff shall provide staff and resources for meeting requirements. 7.3 All decisions for the Committee shall be in the form of resolutions duly moved, seconded, and passed by a majority of its voting members present." 7.4 The Committee shall make motions and recommendations pursuant to their role as advisors and ambassadors of the Service for staff consideration. 7.5 In -camera deliberations may occur within a regular meeting by motion of the Committee in which minutes are not recorded. No members shall be excluded. 7.6 Committee members must not deliberate about Committee work outside of committee and subcommittee meetings. 7.7 The committee shall meet a minimum of six times per year. 8.0 Reporting 8.1 Annually a report shall be provided to the Common Council of each municipal partner. Appendix A P.R.O. Kids Advisory Committee Code of Conduct In addition to respecting the City of Saint John Workplace Conduct Policy as stated in section 3.5 of the P.R.O. Kids Terms of Reference all committee members of the public serving advisory committee are to ensure they are acting in a manner that is appropriate and establishes a common basis for acceptable conduct. It is recognized that this code of conduct cannot anticipate all possible fact situations in which an advisory committee member may be called upon to exercise judgement as to an appropriate standard of conduct. Serving as a P.R.O Kids Advisory Board member should be a fulfilling experience for all involved. The City of Saint John is committed to providing an environment in which all individuals are treated with courtesy and respect. As such, all committee members shall conduct themselves in a manner consistent with professionalism and behavior that is appropriate, fair, and mutually respectful. Harassment and discrimination are never acceptable and will not be tolerated. Members shall act with honesty and integrity including: • Act in a manner that demonstrates professionalism, transparency, accountability and contributes to the public's confidence in the advisory committee. • Not engage in conduct, that may, or may appear to, constitute an abuse of their position as a member or conflicts with the mandate of the advisory committee, including the use of social media • Treat members of the public, one another, and staff, respectfully and without abuse, bullying or intimidation • Act in a manner that respects the individual rights, values, beliefs, and personality traits of any other person, recognizing that all persons are entitled to be treated equally with dignity and respect for their personal status regarding gender, sexual orientation, race, creed, religion, ability, and spirituality. • Be respectful of the fact that staff work for the City of Saint John and are charged with making recommendations that reflect their professional expertise and corporate perspective. Members shall not exert undue influence on staff and shall not engage in any harassment of staff. Please note the following: 1. Any person whose conduct is not conducive to maintaining a positive environment during an event or meeting will be given a verbal warning to improve their behavior or may be OR asked to leave, depending upon the severity of their behavior. This action can be taken by the Chair, Vice Chair or City of Saint John Staff. 2. If the person continues to be disruptive at future events or meetings, one final verbal warning will be issued. If another incident occurs that committee member will be placed on suspension and City of Saint John Staff will complete a follow up. It is at the discretion of the Senior Manager of Community Services to allow that committee member to remain on the advisory board to complete their term or be asked to resign. 41.1 Appendix B P.R.O. Kids Volunteer Code of Conduct 1. Volunteers agree to adhere to the policies and procedures of P.R.O. Kids. 2. Volunteers must submit a criminal background check prior to serving. 3. Volunteers may serve on ad hoc subcommittees and/or participate in activities related to fundraising and community engagement. 4. Volunteers serve as ex officio and do not have a vote. 5. Volunteers serve as P.R.O. Kids representatives and are expected to conduct themselves accordingly to not discredit or embarrass the program and/or its members. 6. Volunteers do not speak on behalf of P.R.O. Kids. 7. Volunteers must not take actions or make statements that would affect or obligate the PRO Kids program in any way without the consent of Growth and Community Services staff. 8. Volunteers must respect the opinions of others and treat all with equality, equity, and dignity without regard to gender, race, colour, creed, ancestry, place of origin, political beliefs, religion, marital status, disability, age, sexual orientation, or economic status. 9. Volunteers must respect and maintain confidentiality. WA Appendix C CITY OF SAINT JOHN WORKPLACE CONDUCT POLICY POLICY STATEMENT The City of Saint John is committed to providing a safe work environment free from violence, threats of violence, harassment, bullying, and disruptive behaviour damaging to the wellbeing of others and to the employer. Under this policy, we strive to protect employees who come together in service to the citizens of the City of Saint John from any damaging actions committed by individuals whether intentionally or otherwise. The City of Saint John will maintain a strict zero tolerance policy against any wrongdoing or impropriety under this policy and will immediately take appropriate disciplinary action(s) up to and including dismissal. This policy will also outline the type of conduct that is considered a breach of this policy. The objectives of this policy are: 1. To provide a safe work environment for all employees that is free from harassment, bullying, violence and other forms of inappropriate conduct when at work and at work related social functions. 2. To allow employees to express concerns and report incidents in good faith without reprisal. 3. To ensure all incidents and reports are investigated and dealt with appropriately SCOPE Protection from negative, aggressive, or inappropriate behaviour extends beyond the workplace to off -site and work -related social events. This Policy Document applies to all employees and applies not only during working time, but to any activities on or off company premises which could reasonably be associated with the workplace. LEGISLATION ANO STANDARDS Behaviours that could be seen as falling under any of the descriptions below are subject to this policy: a) Workplace Harassment/Bullying For this policy, the terms harassment and bullying are interchangeable and synonymous. Offensive, insulting, intimidating, and hurtful behaviour, including physical violence, discrimination, and verbal abuse that the employee knows or should know: 1. is unwelcome. 2. creates a hostile work environment; or 3. harms another person physically, emotionally, or mentally. 4.11 While harassment/bullying often encompass repeated verbal and/or physical abuse, under some circumstances even one occurrence of this behaviour may constitute workplace harassment. b) Workplace Harassment includes, but is not limited to: 1.behaviour that is hostile in nature, and/or intends to degrade an individual based on personal attributes, including age, race, nationality, disability, family status, religion, gender, gender identity and expression, sexual orientation, and/or any other Human Rights protected grounds. 2.action(s) that could reasonably be regarded as creating a hostile, intimidating, or offensive workplace. This may include physical, verbal, written, graphic, or electronic means. 3.any threat of physical violence that endangers the health and safety of the employee. 4.knowingly filing a false charge or complaint against another for the purpose of causing damage to the reputation or employment status of that person. c)Workplace harassment does not include those actions taken by a supervisor while appropriately managing the performance of a subordinate. It is expected that these actions will be taken in a respectful manner. Additionally, this Policy aligns with the provincial Occupational Health and Safety Act of New Brunswick, as well as the federal Canada Labour Code Part II and the Guidelines documents of the Canadian Human Rights Commission. DEFINITIONS SEXUAL HARASSMENT Conduct, comments, gestures, or contact of a sexual nature, whether on a one-time basis or a series of incidents that might reasonably be expected to cause offence or humiliation or, that might reasonably be perceived as placing a condition of a sexual nature on an employee's continued employment or opportunity for training or promotion, and ought reasonably to be known as unwelcome behaviour. INCIVILITY Uncivil email is defined as an email which implies rudeness, disrespect, and disregard for the recipient in a manner that is contrary to socially acceptable norms for communication. An uncivil email also lacks any clear aggressiveness, which may make its interpretation confusing, ambiguous, and questionable from the recipient's perspective (12.). VIOLENCE The act of violating, harming, or damaging a person or property through: Wee *the exercise of physical force by a person against an employee, that causes or could cause physical injury to the employee. *an attempt to exercise physical force against an employee, that could cause physical injury to the employee. *statements or behaviour that may be reasonable for an employee to interpret as a threat to exercise physical force against the employee or that could cause physical. injury to the employee Violence includes, but is not to be limited to the following: *causing physical harm to another person. *threats of any nature, verbal, written or electronic communications. *aggressive behaviour that constitutes a reasonable fear of bodily harm to another person. *verbal assault, causing emotional duress. *intentional damage or destruction of property belonging to either the City of Saint John, or its employees. *possession of a weapon while on City of Saint John premises, or while conducting City of Saint John business. RETALIATION 12 (Delano Parker & Spinner, 2010) 091 Positive P R Recreation Kids Opportunities for Kids ADVISORY COMMITTEE August 29, 2023 Your Worship and Councillors, PO Box 1971 Saint John, NB E21- 4L1 At a regular monthly meeting of the PRO Kids Advisory Committee held on April 26, 2023, the following motions were approved: MOTION to Approve Special Purpose Fund and present to Council - Dave Brown; Seconded Gary Crossman CARRIED MOTION to approve Terms of reference with amendment to 6.4 - Marcy Barnes; Seconded Tamara Steele :CC k As our chair was absent for this particular meeting, I am signing on behalf of the committee as the chair of the meeting. Thank you again for your continued support of PRO Kids. Jordan Tracey Vice Chair PRO Kids Advisory 31 D '� r r I l jl COMMON COUNCIL REPORT M&C No. 2023-216 Report Date September 12, 2023 Meeting Date September 18, 2023 Service Area Fire and Emergency Management Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT: Fire Marque Agency Agreement - Renewal AUTHORIZATION Primary Author Commissioner/Dept. Head Chief Administrative Officer Dan LeBlanc Kevin Clifford J. Brent McGovern RECOMMENDATION It is recommended that Common Council authorize the Mayor and City Clerk to execute the attached renewal agreement with Fire Marque Inc. for the purpose of appointing Fire Marque Inc. as agent for the Corporation of the City of Saint John to submit claims and collect recoverable expenses using "Indemnification Technology" with respect to insured perils resulting from Saint John Fire Department response to incidents. EXECUTIVE SUMMARY Insurance policies provide coverage for an insured property owner for several "insured perils". Commonly, insurance companies include a provision for fire department expenses in varying amounts, typically ranging from $1,000 to $25,000. If challenged, most insurance companies will reimburse expenses and / or cost recovery for fire department emergency response activities to an insured property. The insurance companies stipulate that the emergency cost recovery proceeds are to be used by the Fire Department for its own purposes such as purchasing of equipment, the provision of training, and / or fire prevention activities related to fire inspection and public education. Fire Marque Inc. is a Canadian based company that developed a program to assist municipalities in accessing monies available through insurance companies by initiating claims on behalf of municipalities. Prior to engaging Fire Marque, the City of Saint John received $0 from insurance companies for responding to incident at insured properties. Since the initial 2018 agreement with Fire Marque, the City of Saint John has recovered $155,341, being net of Fire Marque's fees. ic3A -2- Like the original agreement, the attached renewal identifies Fire Marque as an agent of the City of Saint John for the purposes of recovering certain costs incurred because of the Saint John Fire Department's response to incidents at insured properties. PREVIOUS RESOLUTION That as recommended by the City Manager in the submitted report M&C2018- 209: Fire Marque Agency Agreement, Common Council authorize the Mayor and Common Clerk to execute the attached agreement with Fire Marque Inc. for the purpose of appointing Fire Marque Inc. as agent for the Corporation of the City of Saint John to submit claims and collect recoverable expenses using "Indemnification Technology" with respect to insured perils resulting from Saint John Fire Department response to attendance at incidents; and That the Fire Chief be authorized to collect and provide such information as is required to facilitate claims undertaken by Fire Marque Inc.; and That Common Council authorize the establishment of a Fire Service Capital Reserve Fund; and that monies collected as a result of the Fire Marque Agreement be transferred to the Fire Service Capital Reserve Fund; and that Common Council authorize Staff to use the money from the Fire Service Capital Reserve Fund to fund future fire service capital expenditures. REPORT Background Both residential and commercial property insurance policies provide coverage for several "insured perils". Commonly, insurance policies include a provision to cover Fire Department expenses in varying amounts typically ranging from $1,000 to $25,000. As a result of a response to an incident and assuming the property owner or property manager initiated an insurance claim, the Fire Department can seek incremental cost recovery from the insurance company, provided the 'policy' provides for such a claim. When challenged, most insurance companies will pay for expenses and / or cost recovery for Fire Department response activities to an insured property. The insurance companies stipulate that the emergency cost recovery proceeds are to be used by the Fire Department for its own purposes such as purchasing of equipment, the provision of training, and / or fire prevention activities related to fire inspection and public education. Prior to 2018, the City of Saint John had never challenged an insurance company for incremental cost recovery, nor did it have the means to support such a challenge. -3- Fire Marque Inc. Fire Marque Inc. is a privately owned Canadian company who developed a program to assist municipalities in accessing monies available through insurance companies by initiating claims on behalf of municipalities. It was incorporated federally in 2009 and has since entered into various agreements with numerous Municipalities and First Nations across Canada representing a diverse population. The Initial Term As noted above, prior to engaging Fire Marque, the City of Saint John received $0 from insurance companies for responses to incidents at insured properties. Since the initial 2018 agreement with Fire Marque, the City of Saint John has recovered $155,341, being net of Fire Marque's fees. Yearly CreqMTAmounts 2018 $47,496.55 2019 $37,985.41 2020 $14,465.46 2021 $28,064.63 2022 $23,829.56 2023 $3,500.00 5-year total $155,341.61 Annual Avg. $25,890.27 Because incidents vary in duration and complexity, recoverable incremental costs also vary; and because no two years will have the exact type of incidents to the same duration and complexity, annual coverable funds will also vary. On average the City of Saint John recoups $25,890 annually for Fire Department purposes. The annual average recovery is lower than initially thought in 2018. Experience has tempered expectations. Assuming the agreement is renewed, we anticipated the City will recoup approximately $25,000 annually from this program. The Renewal Like the original agreement, the attached renewal identifies Fire Marque as the agent for the City of Saint John for the purposes of recovering certain costs incurred as a result of the Saint John Fire Department's response to incidents within the City of Saint John. Where Fire Marque has expanded the number of municipalities it represents; and where municipalities have helped tweak the -4- form of agreement, this renewal reflects those changes. Otherwise, the 2023 renewal is not significantly different than the initial 2018 agreement. The highlights are: • The City is appointing Fire Marque as its agent for the purpose of filing claims on behalf of the municipality and to recover, on their behalf, any insurance proceeds from the insurers of the affected parties which are recoverable in accordance with the terms of any policy agreement for the costs and expenses incurred by the Fire Department as a result of attending an incident(s). • The renewal term is for 5 years, but the agreement can be terminated by either party with 30 days' notice. • In consideration for the services provided by Fire Marque, they will be entitled to a fee equal to thirty (30%) of all recovery proceeds and Fire Marque is not entitled to any further consideration from the Municipality or the Fire Department. • The Municipality has the right to audit, at its own expense, the records, and accounts, during reasonable business hours and on advance written notice to Fire Marque • We indemnify each other. STRATEGIC ALIGNMENT Ensure the City is accountable for results in delivering public service by adhering to its plans, policies, procedures, and best practices; with an outcome of levering viable opportunities to generate alternative sources of revenue. SERVICEAND FINANCIAL OUTCOMES The City of Saint John Fire Department provides Fire Marque with copies of Standard Incident Reports and incremental cost summaries. Fire Marque Inc. is responsible for claim submission and the collection of applicable monies. Based on the Saint John Fire Department's incident data, Fire Marque Inc. projects cost recovery to range from $25,000 annually. This is inclusive of Fire Marque's 30% portion of the recoveries. There are no other fees or expenses charged to the City should Fire Marque be unsuccessful in their attempts to collect against an insurance policy. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The proposed renewal has been reviewed by both the General Counsel's Office and Supply Chain Management. The form of agreement is acceptable in terms of W -5- articles and format; and it has been determined that this renewal requires Common Council approval. ATTACHMENTS Agency Agreement K11-1 AGENCY AGREEMENT THIS AGENCY AGREEMENT (the "Agreement') made the day of , 20 BETWEEN: FIRE MARQUE INC., an extra -provincial corporation duly incorporated under the Business Corporation Act of the Province of New Brunswick, (herein after referred to as the "AGENT' OF THE FIRST PART -and - THE CORPORATION OF THE MUNICIPALITY OF SAINT JOHN, a body corporate by royal charter confirmed and amended by acts of the legislative assembly of the Province of New Brunswick, herein after referred to as the "MUNICIPALITY" OF THE SECOND PART WHEREAS the Fire Department attends, when required, at Incident Sites to provide emergency services; AND WHEREAS the Common Council of the Municipality deems it expedient to impose fees, charges and cost recovery for various services and activities of its fire service: AND WHEREAS the costs and expenses incurred by the Fire Department as a result of attending at the Incident Sites and providing services may be recoverable through Indemnification Technology® with respect to insured perils through the Insurance Policies of the owner or tenant of the Incident Site; AND WHEREAS the Municipality wishes to appoint the Agent, as its agent for the purpose of filing Claims on behalf of the Municipality and to recover, on their behalf, any insurance proceeds from the insurers of the affected parties which are recoverable in accordance with the terms of any policy agreement for the costs and expenses incurred by the Fire Department as a result of attending at the Incident Sites. AND WHEREAS the Agent wishes to make the Claims and recover the recoverable proceeds of insurance on behalf of the Municipality in accordance with the terms and conditions set forth herein; NOW THEREFORE, in consideration of the mutual terms and covenants herein contained, the Parties covenant and agree as follows: DEFINITIONS "Agreement" is this agreement, as may be amended; "Agency Fee" is the financial compensation expressed as a percentage of the recovered Emergency Cost Recovery Proceeds in accordance with Section 6; "Agency Fee Taxes" are all taxes, duties and other charges (including any GST, HST or other value added taxes) applicable to the Agency Fee; 18635696_1 1 NATDOCS 37 -2- "Agent" is Fire Marque Inc., or its successors and assigns; "Claims" an amount requested for payment for an insured loss which falls under the terms of Insurance Policies; "Emergency Cost Recovery Proceeds" are the funds recovered by the Agent as a result of filing Claims with insurers pursuant to the Insurance Policies of the owner and or tenant of an Incident Site to recover the costs and expenses incurred by the Fire Department as result of attending and providing emergency services at an Incident Site; "Fire Department" means a group of firefighters authorized to provide fire protection services by the Municipality; "Incident Reports" are the property statistical fire reports; "Incident Sites" is the municipal address or property location of the incident which is attended at by the Fire Department in relation to which the Fire Department incurs costs and expenses as a result of providing their emergency services; "Indemnification Technology®" is the intellectual property owned and employed by the Agent in making claims to recover costs and expenses of the Fire Department incurred as result of providing emergency services at an Incident Site and includes: incident reporting, data collection, and property insurance policy wording interpretation to maximize billing opportunities on behalf of the Fire Department by invoicing insurance companies for the costs of fire department attendance with respect to insured perils; "Indemnitees" means the Agent, its directors, partners, officers, agents, and employees; "Initial Term" is the period commencing from the date of first written above and continuing thereafter for a period of five years; "Insurance Policies" means an insurance policy of the owner or tenant who owns or rents the property located on the Incident Site; "Intellectual Property" is any intellectual property of the Agent, including but not limited to any software, trade names, trademarks, and copyrighted materials and any of the foregoing as it relates to Indemnification Technology®; "Losses" means all loses, costs, expenses, interest, charges, assessments, damages, liabilities, obligations, fines and penalties, including all reasonable costs incurred investigating, defending or negotiating the settlement or resolution of any demand, lawsuit, action, or proceeding, and specifically including reasonable legal and other professional fees and expenses on a "full indemnity", "solicitor and his own client" or comparable basis, regardless of whether the foregoing arise in, under or by virtue of common law, equity or other applicable law, contract, negligence, strict liability, breach of duty or otherwise; "Party" or "Parties" is the Agent and the Municipality; "Municipality" is The City of Saint John; "Renewal Term" is a renewal term of 5 years; 18635696_1 1 NATDOCS 38 -3- "Term" is the Initial Term together with any subsequent Renewal Terms, until this Agreement is terminated in accordance with Section 14; "Termination Date" is the date this Agreement terminates in accordance with Section 14; and, "Third Party Fire Departments" is a fire department, fire brigade, persons and/or equipment that are not part of the Fire Department. 2. TERM The term of this Agreement will begin as of the date first written above and continue for the period of the Initial Term. Renewal of this Agreement will need to be established by mutual agreement of the Parties prior to the expiration of the Initial Term or any proceeding renewal term unless this Agreement is terminated in accordance with Section 14. 3. APPOINTMENT The Municipality hereby appoints the Agent as its exclusive agent during the Term of this Agreement for the purpose of filing, on behalf of the Municipality, all Claims with insurers and to recover from any insurers on their behalf, any proceeds of insurance which are recoverable in accordance with the terms of any Insurance Policies of an owner or the tenant at any Incident Site. 4. AGENT OBLIGATIONS During the Term of the Agreement, the Agent agrees: (a) To proceed diligently to prepare and file Claims with the insurer of the incident sites behalf of the Municipality upon receipt of the Incident Reports from the Fire Department; (b) To establish and maintain a non -interest bearing trust account to receive and hold any Emergency Cost Recovery Proceeds in trust on behalf of the Municipality (which proceeds may be comingled with the proceeds recovered for other municipalities and/or fire departments, for which Agent is providing similar services); (c) To remit on a quarterly basis or such period as agreed to between the Agent and the Municipality, the Emergency Cost Recovery Proceeds to the Municipality, less any Agency Fee, and Agency Fee Taxes deducted in accordance with Sections 6 and 7. (d) To deliver a statement to the Municipality providing reasonable detail in regards to the amounts being remitted for the applicable period; and (e) To maintain complete, detailed and adequate books and records pertaining to Claims and Emergency Cost Recovery Proceeds. 5. MUNICIPALITY'S OBLIGATIONS During the Term of the Agreement, the Municipality agrees: (a) on a monthly basis or such period as agreed to between the Municipality and Agent, to provide the Agent with all the completed Incident Reports relating to its attendance at all Incident Sites during the period, setting forth in reasonable detail the services provided and the costs and expenses incurred by the Fire Department in attending such Incident Sites 18635696_1 1 NATDOCS 39 and providing information as to the applicable insured, the insurance company and the policy number of the Incident Site, if available; (b) on an annual basis complete the Fire Departments cost sheet supplied by the Agent. (c) Update the Agent on any changes to the Fire Department Schedule in the consolidated fees By -Law. (d) Update the Agent of any personnel changes to the Fire Chief position and /or support staff. (e) in accordance with the Insurance Policies, ensure that the Emergency Cost Recovery Proceeds that are remitted to the Fire Department are used by the Fire Department for its own purposes, which purposes may include but not be limited to the following: (i) the purchase of equipment for the Fire Department (ii) the provisions of training and education to the firefighters of the Fire Department; and/or (iii) the purchase and/or provision of materials and equipment for fire inspection, fire prevention and public education programs; (f) if requested, to provide the Agent with documentation evidencing that the Fire Department is the sole beneficiary of any Emergency Cost Recovery Proceeds that have been remitted to the Municipality in accordance with Section 4; and (g) to the extent the Municipality or the Fire Department is paid or receives Emergency Cost Recovery Proceeds directly from the insurer under the Insurance Policy, or from the owner or tenant of an Incident Site (as a result of such owner or tenant receiving the Emergency Cost Recovery Proceeds directly from the insurer under the Insurance Policy), the Municipality agrees that it shall promptly remit payment of the Agency Fee that is payable to the Agent in relation to such Emergency Cost Recovery Proceeds (as determined in accordance with Section 6) and will provide the Agent with copies of all communications and notices received from the insurer under the Insurance Policy in relation to such Emergency Cost Recovery Proceeds for the Agent's own records. 6. AGENCY FEE In consideration for the services provided by the Agent pursuant to this Agreement, during the Initial Term, the Agent will be entitled to a fee equal to thirty (30%) of all Emergency Cost Recovery Proceeds (the "Agency Fee"). The Agent will be entitled, on a monthly basis, to invoice the Municipality for the Agency Fee accrued in respect of the previous month Emergency Cost Recovery Proceeds and to deduct the Agency Fee from the Emergency Cost Recovery Proceeds. The Agent shall not be entitled to any further consideration from the Municipality or the Fire Department. The amount of the Agency Fee shall be negotiated by the Parties for any Renewal Terms. 7. TAXES It is understood by the parties that the Agency Fee is exclusive of all taxes, duties and other charges (including any GST, HST or other value added taxes), ("Agency Fee Taxes"), applicable to the services provided by the Agent hereunder. The Agent shall withhold and deduct from the 18635696_1 1 NATDOCS 40 -5- Emergency Cost Recovery Proceeds that are to be remitted to the Fire Department, any Agency Fee Taxes, and all such Agency Fee Taxes will be remitted to the applicable government agency, as and when required. 8. INTELLECTUAL PROPERTY The Municipality agrees and acknowledges that any Intellectual Property of the Agent, including but not limited to any software, tradenames, trade -marks, and copyrighted materials and any of the foregoing as it relates to Indemnification Technology® are the property of the Agent, and the Municipality has no rights to this Intellectual Property as a result of this agreement or otherwise. 9. AUDIT The Municipality has the right to audit, at its own expense, the records and accounts, during reasonable business hours and on advance written notice to the Agent; and, for up to twenty-four (24) Months from the end of the calendar year to which the records and accounts relate. 10. UNRECOVERABLE EXPENSES No action will be undertaken by the Agent to collect any proceeds or file any Claims on behalf of the Municipality. The Fire Department will only be entitled to receive Emergency Cost Recovery Proceeds actually recovered by the Agent on behalf of the Municipality. The Municipality, at its own discretion, may elect to enforce the payment of the Emergency Cost Recovery Proceeds not recovered by the Agent through powers granted by their By -Laws or through litigation. Unless prior arrangements have been made on a specific file. 11. INCIDENTS ATTENDED TO BY OTHERS It is acknowledged by the Parties that in certain instances, in addition to the Fire Department, other fire departments or other emergency personnel ("Third Party Fire Departments") may attend at an Incident Site and whose costs and expenses incurred as result of attending and providing emergency services at such Incident Site may also be recoverable under the Insurance Policies of the owner(s) or tenant(s) of such Incident Site. In such cases: (a) the Municipality acknowledges that the Emergency Cost Recovery Proceeds recovered in respect of such Incident Site may have to be shared with the Third Party Fire Departments, and Agent makes no representation and will not be required to take any action to determine the appropriate allocation of such Emergency Cost Recovery Proceeds between the Fire Department and the Third Party Fire Departments. (b) the Municipality shall negotiate an appropriate allocation of the Emergency Cost Recovery Proceeds with the Third Party Fire Departments. If the Municipality and the Third Party Fire Departments are unable to agree to an appropriate allocation within a reasonable time, then Agent may, in its sole discretion but without obligation to do so, and on notice to Municipality, commence interpleader or a similar action or proceeding in connection with any dispute in relation to allocation of the Emergency Cost Recovery Proceeds and pay the Emergency Cost Recovery Proceeds into court, whereupon the Agent shall be released from any further obligations in respect of such Emergency Cost Recovery Proceeds and the Municipality shall indemnify and hold harmless the Indemnitees from any dispute arising with respect to such Emergency Cost Recovery Proceeds whether the Agent is acting as agent on behalf of the Third Party Fire Departments to the dispute or otherwise. 18635696_1 1 NATDOCS 41 M 12. LIMIT ON LIABILITY Other than Emergency Cost Recovery Proceeds actually recovered, the Agent will not be liable to the Municipality for any costs and expenses incurred as a result of the Fire Department attending and providing emergency services at an Incident Site which it was unable to recover through the Insurance Policies of the owner or tenant of such services. 13. INSURANCE & IDEMNIFICATION The Municipality agrees to indemnify and hold harmless the Indemnitees from and against any and all Losses that may be imposed on, incurred by, or asserted against, the Indemnitees or otherwise, in connection with the performance of its duties under this Agreement or any actions or inactions taken by the Fire Department or Municipality in connection with this Agreement, including as a result of any claims: (i) from insurers as a result of inaccuracies, misrepresentations or fraud in any of the Incident Reports and other information provided to Agent for the purpose of filing Claims; and (ii) from Third Party Fire Departments claiming rights to any Emergency Cost Recovery Proceeds that have been disbursed to the Fire Department. The foregoing liability and indemnification by Municipality shall not apply where the Losses arise from the Agent's gross negligence fraud or willful misconduct. (a) During the Term (and any renewal thereof as applicable) of this Agreement, the Agent shall procure and maintain an errors and omissions insurance policy of not less than two million dollars ($5,000,000.00) coverage. The deductible shall not exceed twenty-five thousand dollars ($25,000.00). (b) The Agent shall carry a Commercial Blanket Bond with an amount no less than Fifty Thousand Dollars ($50,000.00) that protects both the Agent and the Municipality with respect to any loss resulting from dishonesty, disappearance, destruction and Forgery act(s) arising from the work being performed by the Agent under this Agreement on behalf of the Municipality. (c) The Agent shall, at their expense obtain and keep in force during the term of the Agreement, Commercial General Liability Insurance in an amount not less than two million dollars ($5,000,000.00) per occurrence and five million ($5,000,000.00) in the aggregate. This policy shall contain products and completed operations coverage, Non -owned automobile coverage, and coverage for claims resulting from Technology Network risks such as data breaches, unauthorized access, theft of confidential information, invasion of privacy, intellectual property infringement such as copyright, trademarks, service marks and trade dress. The deductible shall not exceed twenty-five thousand dollars ($25,000.00). The Municipality has the right to request, at any time confirmation of the insurance coverages and that the policy is in force. (d) The Agent shall, at their expense obtain and keep in force during the term of the Agreement, a Cyber, Data and Privacy Insurance Policy with a limit of not less than Two Million Dollars ($2,000,000.00). Coverage shall be sufficiently broad to respond to the duties and obligations of the Agent and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private or personal information. 18635696_1 1 NATDOCS 42 -7- 14. TERMINATION Notwithstanding Section 2, this Agreement will terminate with 30 days' written notice by either Party (the "Termination Date"), provided that if this Agreement is terminated (other than as a result of a material breach of this Agreement by the Agent), the Agent shall be entitled to continue filing all Claims and collecting Emergency Cost Recovery Proceeds, for any incidents attended to by the Fire Department at Incident Sites which occurred prior to the date of the Termination Date of this Agreement, and such filings and recoveries shall remain subject to the terms and conditions of this Agreement. The Municipality or the Fire Department shall not make claims in respect of any incidents attended to by the Fire Department which occurred prior to the Terminate Date. The covenants set forth in this Section 14 shall survive the termination of this Agreement. 15. NOTICES All notices, communications, statements and payments which may be required or permitted under this Agreement will be in writing and sent by registered mail, courier services, or transmitted by facsimile or other electronic means which produces a physical copy. Any party may change its address by notice to the other parties. The addresses of the parties pursuant to this Section 15 are as follows: If to the Municipality: The City of Saint John PO Box 1971 Saint John, NB Phone: 506 658 2910 Email: kevin.clifforda-saintiohn.ca Attention: Fire Chief Kevin Clifford If to the Agent: Fire Marque Inc. P.O. Box 2018, Thornton, ON LOL 2N0 Phone: 1-855-424-5991 or 705-424-5991 Email: submit(a)firemargue.com Attention: Ted K. Woods 16. SEVERABILITY If any provision of this Agreement is determined to be illegal, invalid or unenforceable by an arbitrator or any court of competent jurisdiction from which no appeal exists or is taken, that provision will be severed from this Agreement and the remaining provisions will remain in full force and effect. 18635696_1 1 NATDOCS 43 M 17. ARBITRATION All disputes, controversies and disagreements with respect to this Agreement, or any matter arising under or in connection with this Agreement, shall be finally settled by arbitration. Arbitration shall be conducted as follows: (a) the reference shall be to a single arbitrator appointed in accordance with the Arbitration Act, R.S.N.B. 2014, c. 100, as amended. (b) the decision of the arbitrator shall be final, conclusive and binding upon all parties; (c) unless otherwise determined by the arbitrator, the Parties shall pay an equal portion of the fees and expenses of the arbitrator; (d) the Arbitration Act, R.S.N.B. 2014, c. 100, shall apply to and govern each such reference to arbitration; and (e) All arbitrations shall be conducted in Barrie, Ontario or in a location suitable to both parties. 18. GOVERNING LAW This Agreement is governed by, interpreted and enforced in accordance with the laws of the Province of New Brunswick and the federal laws of Canada applicable in the province. Subject to Section 17, each of the Parties irrevocably adorns to the exclusive jurisdiction of the Courts of New Brunswick. 19. WAIVER No waiver of any provision of this Agreement constitutes a waiver of any other provision. 20. ENTIRE AGREEMENT Except as stated herein, this Agreement constitutes the entire agreement between the Parties concerning the subject matter hereof and, during the term hereof, supersedes all prior written or verbal agreements concerning such subject matter. 21. AMENDMENTS Amendments to this agreement shall be in writing and be executed by the Parties. If agreed in writing by both Parties to this agreement an amendment shall form a part of this Agreement. 22. ASSIGNMENT Neither this Agreement nor any of the rights or obligations under this Agreement are assignable or transferable by a Party without the prior written consent of the other Party, provided that nothing herein shall prevent The Agent from assigning this Agreement or any of its rights or obligations to an affiliate of The Agent, provided that the Agent agrees to remain liable to the Municipality for the obligations of such transferee affiliate. 18635696_1 1 NATDOCS 44 M 23. ENUREMENT This Agreement shall be binding upon and enure to the benefit of the Parties and their respective successors. 24. COUNTERPARTS This Agreement may be executed and delivered in any number of counterparts (including by facsimile or other electronic transmission) and all counterparts taken together constitute one and the same instrument. 25. LEGAL RELATIONSHIP In this Agreement nothing gives rise to an employment relationship for the provision of services between the Municipality and Agent. The Parties expressly acknowledge that they are independent and neither an employer -employee relationship is intended or created by this Agreement. 26. COLLECTION AND DISCLOSURE OF PRIVATE INFORMATION Any information collected by the Agent and Municipality pursuant to this Agreement is subject to the Right to information of Privacy Act, S.N.B. 2009, c. R-10.6 as amended. 27. LAWS The Municipality and Agent, its employees and representatives, if any shall at all times comply with any and all applicable federal, provincial and municipal laws, ordinances, statues, rules, regulations and orders in respect of the performance of this Agreement. 28. CONFIDENTIALITY The Agent shall hold confidential and not disclose or release to any person other than the Agent and Municipality at any time during or following the term of this Agreement, except where required pursuant to the provisions of the Municipal Freedom of information and Protection of Privacy Act and/or the Personal Information Protection & Electronic Documents Act (PIPEDA), any information or document that identifies any individual or the nature and extent of services received by any individual without obtaining written consent of the Municipality prior to the release or disclosure of such confidential information. The Agent shall be entitled to disclose publicly the fact that the Municipality and/or the Fire Department are clients of the Agent. 29. CONFLICT OF INTEREST The Agent shall disclose to the Municipality without delay any actual or potential situation that may be reasonably interpreted as either a conflict of interest or a potential conflict of interest, or breach of law in relation to this Agreement. A breach of this Section by the Agent shall entitle the Municipality to terminate this Agreement in addition to any other remedies that the municipality may have in law or equity. [Remainder of this page left intentionally blank] 18635696_1 1 NATDOCS 45 -10- IN WITNESS WHEREOF the parties have executed this Agreement as of the date first above written. THE CITY OF SAINT JOHN By: Name: Title: By: Name: Title: FIRE MARQUE INC. By: Name: Title: By: Name: Title: 18635696_1 1 NATDOCS 46 r� 'The city of saint John PROCLAMATION WHEREAS: It is in the public's interest to raise citizens' awareness of the dangers of ignoring safety warnings at level crossings and trespassing on rail property to reduce avoidable deaths, injuries and damage caused by incidents involving trains and citizens; WHEREAS: Every year, more than 2,100 North Americans are killed or seriously injured because of unsafe behaviour around tracks and trains. Every one of these incidents and deaths are preventable. By looking out for each other and working together, we can help keep our communities safe and prevent injuries and fatalities on or near railway property. WHEREAS: Safety is a core value at CN and we continue to take all necessary steps to protect our employees, communities, customers, vendors and partners with the objective of reducing rail related injuries and fatalities to zero. As we safely serve our customers and keep the economy moving, we remain committed in our efforts to educate the public on rail safety. WHEREAS: Operation Lifesaver is a public/private partnership whose aim is to work with the public, rail industry, governments, police services, media and others to raise rail safety awareness; to help prevent accidents and injuries at rail crossings in your community and ensure everyone's safety on and around railroad infrastructure year-round. WHEREAS: Rail Safety is a shared responsibility. NOW THEREFORE: I, Mayor Donna Noade Reardon, of Saint John do hereby proclaim the week of September 18 to 24, 2023, as "Rail Safety 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. 47 r� 'The city of saint John PROCLAMATION WHEREAS: Wrongful Conviction Day is designated as an annual International Day to recognize the tremendous personal, social and legal costs associated with wrongful criminal convictions; and WHEREAS. This day recognizes those persons who have been forced to endure the tremendous consequences brought by a wrongful criminal conviction; and WHEREAS. The purpose of this day is to inform and educate the broader international community on the causes, consequences and complications associated with wrongful criminal convictions. More information on the day can be found at: http://wrongfulconvictionday.com; and WHEREAS: It is important to raise awareness in order to work toward the prevention of further wrongful convictions, and to direct the public's attention to this issue and generate support and understanding; and WHEREAS: Wrongful Conviction Day was spearheaded by the Wrongful Conviction Day Committee and now many organizations are leading events in its honor. The committee is committed to raising awareness of and advocacy against wrongful convictions globally. NOW THEREFORE: I, Mayor Donna Noade Reardon, of Saint John do hereby declare October 2, 2023, as Wrongful Conviction 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. 48 r� 'The city of saint John PROCLAMATION WHEREAS: Canada's forests are a valuable, renewable resource that contribute to our economy and the livelihoods of our communities; WHEREAS. Canada's forests play a crucial role in maintaining healthy ecosystems, clean air and water and wildlife habitat whilst being an important aspect of climate change mitigation efforts; WHEREAS. The City of Saint John and its citizens rely on the surrounding forests for livelihood, health and recreation; WHEREAS. This annual one -week campaign with the theme of "Canada's Forests: Supporting Biological Diversity" will be celebrated across Canada by individuals and organizations. NOW THEREFORE: I, Mayor Donna Noade Reardon, of Saint John do hereby proclaim the week of September 17 to September 23, 2023, as "National Forest 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. 49 of i ini In O o a _ ,3 O u � a} � o 3 i s} O s } 3 - 3da� Z a '3 u } •- J u d s p s O s u a J O UW=3_d �E� 3 a V d i E u •d � 3 Z W d i o Q JZm 2-0 i 3 a a0 0 H ET DC W M NO W ZW CC � Ol-- 0 • 0 a � d Lu d o p .y d .O o } 4- Z a Q 4- u `} O N d �Z a E • O •- u LLtnN L E O }O S } 3 L u 0 o a � u L s 3 .� - 4- o� ow= h ew �2 4 I N1 I N Z N Q Q a W 2 w W Q 2 N k U co IR 00 N co t, c m i C! i 0 > o d } — N ° i o-0 d d 1 ° E ds > a d us ._ a _ } 0 C4 0 C4 0 C4 m 0 _ Qa L LM S 0 Qa� Q •_ 0-0 Ion = a d W o d C L C o O C`I 0) O Q �+ V J ° aW _ a V ° z W o a V zz W —a :1 C4 LL � o �c z z0 W 0 0 LL z J O [7 0 Q ILA H W Z 8 Q 8 cna a LO m (31- .(A E cn ao N � u 0 0 0 Z Z o N u lolc C ol rn ol O 04 N O d = O a to0 a a MOs+ Z } o° 0. O au o a C) s W> o o Z u oo Z}��, aa�� �a� 0-0 _Z =u= •E a� m� Oc E } Oi a � �° 3 N '' � u u 0, Q Wi u s+ i+ �' > Ou O —CO Q O O O d 8i `} a V i a } = d -C O I.. _ 'a cn o d m s= d E V) d+ Q--D t d� E m M m N d O u `- J Q d N 0 i N d O a 0 J ~ o a N d o a o c N� U ' U u 0 3 0 d N l7 oc V) 0 w L° a V a s N= .d s d s C) C) C) oQ oWo e f a \ m 2 m � V) LLI u \ c ce # D y = S /§ %/ w � ƒ / § # 2 / u Z r-L k LU % \ 0 f 2>- > LU 0 7§ Z wLn w q Ln/ 3 � 7 � V m § � 2 � � y w \} V3_ 2 z / < L } F \ U Qam! Q|§ LL u Ln < 2 � co > �L 0 &L w W J a O W a W u u D 0� GC 00 as } d u � � asp 3 } � a Elmo c u� :3 d d 4- a a� } C) i u i d O d O d u o a °i o 4- s O �Z -A W Z 0 W a O M O Z w O N to o Z W o p LU Staff Recommendation for Council Resolution Property: 50 MacAuley Avenue Public Hearing, 1" Reading and 2nd Reading was held on September 5, 2023 3rd Reading: September 18, 2023 Item: Required: Recommendation (Y/N) Municipal Plan No Amendment Zoning By -Law Yes That Common Council give 3rd reading to an Amendment to Amendment the Zoning By-law which rezones a parcel of land having an area of approximately 841 square metres, located at 50 MacAuley Avenue, also identified as PID Number 55176341, from One -Unit Residential (Rl) to Two -Unit Residential (R2). Recission of No Previous s. 39/s. 59 Conditions Section 59 No Conditions Section 59 No Agreement Section 131 No Agreement Other No I' BY-LAW NUMBER C.P. 111-156 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. 111-156 ARRETE MODIFIANT L'ARRETE DE ZONAGE DE THE CITY OF SAINT JOHN Lors dune r6union du conseil communal, The City of Saint John a d6cr&6 ce qui suit : The Zoning By-law of The City of Saint John enacted L'arr&6 sur le zonage de The City of Saint John, on the fifteenth day of December, A.D. 2014, is d6cr&6 le quinze (15) d6cembre 2014, est amended by: modii6 par Amending Schedule "A", the Zoning Map of The City of Saint John, by rezoning a parcel of land having an area of approximately 841 square metres, located at 50 MacAuley Avenue, also identified as PID Number 55176341, from One Unit Residential (RI) to Two - Unit Residential (R2). all as shown on the plan attached hereto and forming part of this by-law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by-law the * * * * day of ****, A.D. 2023 and signed by: La modification de 1'annexe <<A», Plan de zonage de la ville de Saint John, permettant de modifier la d6signation pour une parcelle de terrain dune superficie d'environ 841 metres carr6s, situ6 an 50 avenue MacAuley, 6galement identifi6 comme NID 55176341, du zone r6sidentielle unifamiliale (RI) a zone r6sidentielle bifamiliale (R2). - toutes les modifications sont indiqu6es sur le plan ci joint et font partie du pr6sent arr&6. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le pr6sent arret6 le **** 2023, avec les signatures suivantes: Mayor/Maire City Clerk/Greffier communal First Reading — September 5, 2023 Premiere lecture — le 5 septembre 2023 Second Reading — September 5, 2023 Deuxi6me lecture — le 5 septembre 2023 Third Reading — Troisi6me lecture — 63 GROWTH & COMMUNITY DEVELOPMENT SERVICES SERVICE DE LA CROISSANCE ET DU DEVELOPPEMENT COMMUNAUTAIRE REZONING / REZONAGE Amending Schedule "A" of the Zoning By -Law of The City of Saint John Modifiant Annexe «A» de I'Arrete de zonage de The City of Saint John O �L .a �n G 9L .e FROM / DE One -Unit Residential Zone residentielle R1 ® R2 unifamiliale TO / A Two -Unit Residential Zone residentielle bifamiliale Applicant: James Chedore Location: 50 MacAuley Avenue PID(s)/N IP(s): 55176341 Considered by P.A.C./Considers par le C.C.U.: August 15 aout, 2023 Enacted by Council/Approuve par le Conseil: Filed in Registry Office/Enregistre le: By -Law #/Arrete #: Drawn by/Creee par: Andrew Pollock Date drawn/Carte creee: August 23 aout, 2023 64 Development �.. I"I t`.`.I:• , I,I III I'-t., I. ,I It\tilltt [ It i+1 SAINrIOFIIV onesto[J•a'soit7#i n , .::'_ Phone: 658-4455 Fax: 632-6199 General Application Form GROWTH & COMMUNITY SERVICES CITY OF SAINT JOHN LOCATION CIVIC ADDRESS: % PID N : 55 1 �(o 344 tw HERITAGE AREA: Y N INTENSIFICATION AREA: Y N FLOOD RISK AREA: Y ✓)APPROVED GRADING PLAN: Y C " APPLICATION #: _C) 12 DATE RECEIVED: Z L RECEIVED 8Y: APPLICAN ENTAIL PHONE 01-7— 0 MAILING ADDRESS POSTAL S�SPOSTAL CODE d r ! ►1L IAL I -i CONTRACTOR EMAIL PHONE H MAILING ADDRESS POSTAL CODE Z d OWNER EMAIL PHONE a- < d YC MAILING ADDRESS POSTAL CODE PRESENT USE: qj( ( I ' j . PROPOSED USE: 2 BUILDING "-J PLANNING INFRASTRUCT RE HERITAGE J a F-1 INTERIOR RENOVATION NEW CONSTRUCTION VARIANCE �STREET EXCAVAT N � HERITAGE DEVELOPMENT ci d �EXTERlORRENOVATION OACCESSORYBLOG �PLANNINGLETTER �DRIVEWAYCULVERT HERITAGE SIGN H Q 2 �ADDITION ® POOL �PA PPLICATION DRAINAGE HERITAGE iNFILL DECK DEMOLITION , COUNCIL APP ❑ WATER & SEWERAGE HERITAGE DEMO F CHANGE OFUSE E]SUBDIVIStaNOTHER ®OTHER SIGNUj T �MINIMUM STANDARDS OTHER OTHER CJ REQUIRED: e N u('( 0 r�l II ii 4z ck t( 2 J-)C4 dt o PkOIECT ESTI TE (IF APPLICABLE ., t �'7 ❑1 consent to the City of Saint John sending to me commercial el runic messages, from time to time, regarding City initiatives and incentives. General k ul(evrian Statenµnt 7711.r mformarrnn is lxnrg < )&,red nr arder Jir the (',n of Sarni John to deliver an cxivnug program senvice; the collertrnu is limited to that m hich is neces.cary 141 deliver the pnigrum sen•rce. Unless required rr, du so by Am, the ( itv of Suuu John m iU not share Your perennal ullirrmaunn m ah ayry lhrrd pan( w rthnut ytmr cypress con-veni. The legal ewdreiriae jar callectnrg 1h).c ruJarnranon rs w he hrund in the Alenrcrpuht,e.. a, r ou,I the Right to Mlarmunon and Prolection of Pnrari ..In For frrrther inffirmanon or rluesnon, regarding the enllecrion oflxreoaul olfnrmunon, Pleu.vr crrrlrcict the:Ircess It' Prn•aQ Officer. ('Up Hall Hrot ll?ii 15 S1 rrkol.Squ.rre'semi John. Ny h 3. 1VI, „incur. wx, 1, 14 a (506) 658.2862 ken 1, the undersigned, heteby apply for the permil(s) or appraval(q, indicated above for the work described on plans. submissions and forms herewith submitted. This application includes all relevant documentation necessary for the applied for permit(s) or approval(s). I agree to comply with the pions. specifications and further agree to comply with all relevant City By-laws and conditions imposed. Applicant Nome A.},.nf Signature C Lam_• Date 65 r9,1vice. ��,. Development Shepe Council Application GROWTH & COMMUNITY SERVICES CITY OF SAINT JOHN ! CIVIC ADDRESS I C-� v-y-],-V 1& r I I1h,/ I APPLICATION # I I FEE PAID � YIN TYPE OF APPLICATION Land for Public Purposes Release Service Fee: $300 Section 59 Amendment Service Fee: $2,650 Non -Conforming Use Service Fee: $200 Zoning By-law Amendment Service Fee: $2,650 Satisfactory Servicing Service Fee: $200 Zoning By-law Amendment with a Municipal Plan Amendment Service Fee: $3,700 DETAILED DESCRIPTION OF APPLICATION Where applicable, indicate the changes to existing Section 39 conditions, zoning, or Municipal Plan designation being requested. Attach site plans, building elevations, floor plans, and other documentation to fully describe the application. The submission of a preliminary proposal and a Pre -Application Meeting is encouraged prior to seeking approval. Please contact the One -Stop Development Shop at (506) 656-2911 for further information. ,�r II +r ��� Lti• ENCUMBRANCES Describe any easements, restrictive covenants, and other encumbrances affecting the land. AUTHORIZATION As of the date of this application. I, the undersigned, am the registered owner of the land described in this application or the authorized agent thereof, and I have examined the contents of this application and hereby certify that the information submitted with the application is correct insofar as I have knowledge of these facts, and I hereby authorize the applicant to represent this matter and to provide any additional information that will be necessary for this application. �-- C 0 tstered Owner or Authorized Agent Date Additional Registered Owner [late The information contained in this application and any documentation, including plans, drawings, reports, and studies, provided in support of this application will become part of the public record. 0 3 C3� w LL 0 Lli U W w LLJ U W U Q H a r w _N fl? w a a w� DM �zwZ� WMF©_�;°om wCL uoPow ?WZWjH UwwW"bp - W_pwwww U-U U2Q1M d W pw a �w Z �o< -LL �-o a) ° a~mZwwu WO M—Iw nww �ZwIL LUw&fn ulWLU OZ zF'awcr�aw0r H?am0cn DOPQ.p1; i1OHM 1 nOA YNVHl 11010101r0 III IN 111M111t1 1.13nssl KIM 1911AUR 11 1110114M 11GSSI Ad 01 9331s1 11010R0112 1Id 031J111M V 11111191 It 00 B3 :1191 00 08 00 00 00 Z1111 (MOOD00000V :au pit-im"em a3A0addV OO'099`Z$ INnowd co co aadaunsdw f OS0 :MW addV 94:8LEL tzia190 s:oOOMI :NNH L ISK 4 LRES Z449m := gills "ZeS990'< VWlZ3 ON VOP IWS 18 11dH AlIO II L% XOG Od NWr I.MVS .0 AlIO City of Saint John Community Planning DATE: 5/29/23 TIME: 13:32:27 PZ CASH RECEIPT PROJECT #: 23-00000122 PROJECT DESC: REZONING - 50 MACAULEY AV RECEIVED FROM: James Chedore RECEIPT NUMBER: FEE DESCRIPTION CREDIT PAYMENT ----------------------------------------------------- RZ ZONING BYLAW AMENDMENT 2650.00 TOTAL AMOUNT: 2650.00 Staff Recommendation for Council Resolution Property: 351 Latimore Lake Road Public Hearing, 1" Reading and 2nd Reading: Held on September 5, 2023 3rd Reading: September 18, 2023 Item: Required: Recommendation (Y/N) Municipal Plan No Amendment Zoning By -Law Yes 1. That Common Council give 3rd reading to an Amendment Amendment to the Zoning By -Law which rezones a parcel of land having an area of approximately 0.17 hectares, located at 351 Latimore Lake Road, also identified as PID Number 00334631, from Rural Residential (RR) to Integrated Development (ID). 2. That Common Council give 3rd reading to an Amendment to the Zoning By -Law which rezones a parcel of land having an area of approximately 8.4 hectares, located at adjacent to 351 Latimore Lake Road, also identified as PID Number 00421727, from Rural (RU) to Integrated Development (ID). Recission of No Previous s. 39/s. 59 Conditions Section 59 Yes That Common Council, pursuant to the provisions of Section Conditions 59 of the Community Planning Act, impose the following conditions on the parcel of land having an area of approximately 8.6 hectares, located at and adjacent to 351 Latimore Lake Road, also identified as PID Numbers 00334631 and 00421727, (collectively the "Rezoned Properties"): a. That the development of the site be limited to the following uses in addition to the applicant's proposed mobile home and mini home transportation business: • Artist or Craftsperson Studio; • Bakery; • Bed and Breakfast; • Business Office, subject to paragraph 11.11(3)(a); • Community Centre; • Community Policing Office; • Contractor Service, Household; • Day Care, Home, subject to paragraph 9.5(a); • Day Care, Neighbourhood, subject to paragraph 9.5(b); • Day Care Centre; • Dwelling, One -Unit; • Dwelling, Two -Unit; • Garden Suite, subject to section 9.8; • Home Occupation, subject to section 9.9; • Medical Clinic; • Mobile or Mini -Home, subject to paragraph 10.11(2)(j); • Personal Service; • Pet Grooming; • Place of Worship; • Retail General; • Secondary Suite, subject to section 9.13; • Service and Repair, Household; • Supportive Facility — minor; • Supportive Housing, subject to section 9.14; • Veterinary Clinic; b. Setbacks and other zone -specific standards shall be as set out in Section 11.11 of the Zoning By -Law (Rural General Commercial Zone). C. Parking and access standards for the site shall be as subject to the standards set out in Part 4 of the Zoning By -Law with the site considered as a commercial zone for the purposes of regulating parking and access. d. Landscaping standards for the site shall be as subject to the standards set out in Part 6 of the Zoning By -Law with the site considered as a 71 residential zone for the purposes of regulating landscaping. e. Signage on the subject site shall be subject to the provisions contained in Part 7 of the Zoning By -Law with the subject site considered to be a residential zone for the purposes of regulating signage. f. Accessory buildings and structures shall be subject to the provisions contained in Part 5 of the Zoning By -Law with the site considered a commercial zone for the purposes of regulating accessory buildings and structures. g. Outdoor storage is permitted in conjunction with the commercial use on the site and site shall be subject to the following standards: (i) The storage area shall be completely enclosed by a wooden fence or a chain -link fence entirely covered by filler strips woven into the mesh or a walled structure or a berm, or any combination thereof, which may also include a gate; (ii) The enclosure required by paragraph (i), including any gate, shall have a maximum height of 2.5 metres; (iii) The enclosure shall not occupy any required yard or any area required for amenity or parking; and (iv) Notwithstanding the above, an outdoor storage area may instead be enclosed with landscaping in accordance with paragraph 6.1(k) of the Zoning By -Law or by any combination of permitted structures, berms, and landscaping. h. That the development be subject to a site plan, submitted by the proponent with the Development/Building Permit application and approved by the Development Officer, showing the location of site features including all buildings, the fenced storage compound, and regulated wetland boundaries, and parking and access areas. Section 59 No Agreement Section 131 No Agreement Other No rig] BY-LAW NUMBER C.P. 111-158 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. Amending Schedule "A", the Zoning Map of The City of Saint John, by rezoning a parcel of land having an area of approximately 0.17 hectares, located at 351 Latimore Lake Road also identified as PID Number 00334631 from Rural Residential (RR) to Integrated Development (ID). 2. Amending Schedule "A", the Zoning Map of The City of Saint John, by rezoning a parcel of land having an area of approximately 8.4 hectares, located adjacent to 351 Latimore Lake Road also identified as PID Number 00421727, from Rural (RU) to Integrated Development (ID) pursuant to a resolution adopted by Common Council under Section 59 of the Community Planning Act. - all as shown on the plan attached hereto and forming part of this by-law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by-law the X day of September, A.D. 2023 and signed by: ARRETE NO C.P. 111-158 ARRETE MODIFIANT L'ARRETE DE ZONAGE DE THE CITY OF SAINT JOHN Lors dune reunion du conseil communal, The City of Saint John a decrete cc qui suit: L'arrete sur le zonage de The City of Saint John, decrete le quinze (15) decembre 2014, est modifie par : 1. La modification de 1'annexe «A», Plan de zonage de la ville de Saint John, permettant de modifier la designation pour une parcelle de terrain d'une superficie d'environ 0,17 hectares, situe an 351, chemin Latimore Lake, egalement identifie comme de NID 00334631, de Zone residentielle rurale (RR) A Zone d'amenagement integre (ID). 2. La modification de 1'annexe «A», Plan de zonage de la ville de Saint John, permettant de modifier la designation pour une parcelle de terrain d'une superficie d'environ 8,4 hectares, adjacente an 351, chemin Latimore Lake, egalement identifie comme de NID 00421727, de Zone rurale (RU) a Zone d'amenagement integre (ID), conformement a une resolution adoptee par le conseil municipal en vertu de Particle 59 de la Loi sur Furbanisme. - toutes les modifications sont indiquees sur le plan ci-joint et font partie du present arre"te. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le X septembre 2023, avec les signatures suivantes : Mayor/Maire City Clerk/Greffier communal First Reading — September 5, 2023 Premiere lecture — le 5 septembre 2023 Second Reading — September 5, 2023 Deuxieme lecture — le 5 septembre 2023 Third Reading — Troisieme lecture — 74 GROWTH & COMMUNITY DEVELOPMENT SERVICES SERVICE DE LA CROISSANCE ET DU DEVELOPPEMENT COMMUNAUTAIRE REZONING / REZONAGE Amending Schedule "A" of the Zoning By -Law of The City of Saint John Modifiant Annexe «A» de I'Arrete de zonage de The City of Saint John FROM / DE TO / A Rural Residential RR Zone / Zone residentielle rurale ID Integrated Development Zone / Zone de Rural Zone / RU ® developpement integre Zone Rurale Pursuant to a Resolution under Section 59 of the Community Planning Act Conformement a une resolution adoptee par le conseil municipal en vertu de I'article 59 de la Loi sur I'urbanisme Applicant: William Cook Location: 351 Latimore Lake Road PID(s)/NIP(s): 00334631 and 00421727 Considered by P.A.C./considers par le C.C.U.: August 15 aout, 2023 Enacted by Council/Approuve par le Conseil: Filed in Registry Off ice/Enregistre le: By -Law #/Arrete # 75 Drawn By/Creee Par: MMS Date Drawn/Carte Creee: September 8 septembre, 2023 Staff Recommendation for Council Resolution Property: 90 Wilton Public Hearing, 1" Reading and 2nd Reading: September 5, 2023 3rd Reading : September 18, 2023 Item: Required: Recommendation (Y/N) Municipal Plan No Amendment Zoning By -Law Yes That Common Council give 3rd reading to an Amendment to Amendment the Zoning By-law which rezones a parcel of land having an area of approximately 965 square metres, located at 90 Wilton Street, also identified as PID Number 55218192, from Two -Unit Residential (1112) to Mid -Rise Residential (RM). Recission of No Previous s. 39/s. 59 Conditions Section 59 No Conditions Section 59 No Agreement Section 131 No Agreement Other No 01.1 BY-LAW NUMBER C.P. 111-157 A LAW TO AMEND THE ZONING BY- LAW OF THE CITY OF SAINT JOHN ARRETE NO C.P. 111-157 ARRETE MODIFIANT L'ARRETE DE ZONAGE DE THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Lors dune reunion du conseil communal, Common Council convened, as follows: The City of Saint John a decrete cc qui suit : The Zoning By-law of The City of Saint John enacted on the fifteenth day of December, A.D. 2014, is amended by: Amending Schedule "A", the Zoning Map of The City of Saint John, by rezoning a parcel of land having an area of approximately 965 square metres, located at 90 Wilton Street, also identified as PID Number 55218192, from Two -Unit Residential (R2) to Mid -Rise Residential (RM). - all as shown on the plan attached hereto and forming part of this by-law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by-law the X day of September, A.D. 2023 and signed by: L'arrete sur le zonage de The City of Saint John, decrete le quinze (15) decembre 2014, est modifie par: La modification de Fannexe <<A», Plan de zonage de la ville de Saint John, permettant de modifier la designation pour une parcelle de terrain d'une superficie d'environ 965 metres, situe au 90 rue Wilton, egalement identifie comme le NID 55218192, de zone residentielle bifamiliale (R2) a zone residentielle — immeubles &habitation de hauteur moyenne (RM). - toutes les modifications sont indiquees sur le plan ci-joint et font partie du present arrete. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le X septembre 2023, avec les signatures suivantes: Mayor/Maire City Clerk/Greffier communal First Reading — September 5, 2023 Premiere lecture — le 5 septembre 2023 Second Reading — September 5, 2023 Deuxieme lecture — le 5 septembre 2023 Third Reading — Troisieme lecture — 77 GROWTH & COMMUNITY DEVELOPMENT SERVICES SERVICE DE LA CROISSANCE ET DU DEVELOPPEMENT COMMUNAUTAIRE REZONING / REZONAGE Amending Schedule "A" of the Zoning By -Law of The City of Saint John Modifiant Annexe «A» de I'Arrete de zonage de The City of Saint John 0 AAA �'r m 'goo. Nfi a�. FROM / DE TO / A Two -Unit Residential Mid -Rise Residential Zone residentielle — habitations R2 O RM Zone de batiments residentiels bifamiliales de moyenne hauteur Applicant: Peter David O'Brien Location: 90 Wilton Street PID(s)/NIP(s): 55218192 Considered by P.A.C./considers par le C.C.U.: August 15 aout, 2023 Enacted by Council/Approuve par le Conseil: Filed in Registry Office/Enregistre le: By -Law #/Arrete # Drawn By/Creee Par: MMS Date D78 rawn/Carte Creee: September 6 septembre, 2023 COMMON COUNCIL REPORT M&C No. 2023-217 Report Date September 18, 2023 Meeting Date September 18, 2023 Service Area Public Works & Transportation Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT. Provincial -Municipal Highway Partnership Program Application 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 Michael Hugenholtz Michael Hugenholtz J. Brent McGovern RECOMMENDATION It is recommended that Common Council approve the attached application for funding under the Provincial -Municipal Highway Partnership Program for 2025-26 and direct staff to submit the application to the Department of Transportation and Infrastructure (DTI). EXECUTIVE SUMMARY The Provincial -Municipal Highway Partnership Program (PMHP) has been updated to reflect recent changes due to municipal reform and replaces the previous program that shared the costs of upgrading provincial and regionally designated roads within municipal boundaries. DTI has set a deadline of September 30, 2023, for applications for funding to support road upgrades in 2025 and 2026. Staff have prepared a list of eligible road projects based on an asset management approach and are seeking Council approval to submit. PREVIOUS RESOLUTION N/A r0:] REPORT DTI have issued a call for funding applications for the PMHP for 2025 and 2026. Eligible projects include road resurfacing, culverts, storm sewers, and curb and gutter repairs to what were previously known as provincially and regionally designated highways. These would include Route 100 through the City and the routes to the Summerville and Digby Ferries. Applications are due September 30, 2023. Typically, the total of all the requests greatly exceeds the funding available under this program so not all our proposed projects may be successful in receiving funding. Based on previous guidance provincially designated highways within our region are eligible for funding of up to 85% of the total cost, and for regionally designated highways, the amount is 50% of that. The amounts and proposed funding percentages may be tweaked depending on feedback from DTI staff, with the goal to maximize the amount of funding from other sources. The City's street resurfacing program is based on the measured pavement condition index, which is an annual measurement of the observed condition of the streets. SERVICEAND FINANCIAL OUTCOMES Funding received through the PMHP can free up resources to allocate to other priorities through our Operating and Capital Budgets. ATTACHMENTS Provincial -Municipal Highways Partnership Program Four Year Plan Schedule B — PMHP Program Funding Request Summary E:ii] City of Saint John SCHEDULE B - PMHP PROGRAM FUNDING REQUEST SUMMARY PMHP DTI Contribution Eligible Items 2025 2026 2027 2028 Total Route Number or Name Bridge Road $469,200 $469,200 Chesley Drive $1,340,387 $1,340,387 Union Street $46,529 $46,529 City Road $434,316 $434,316 St. John Street $100,370 $100,370 Market Place $159,450 $159,450 Somerset Street $196,204 $196,204 King Street West $17,729 $17,729 Loch Lomond/Airport Arterial Roundabout $1,500,000 $1,500,000 (Insert rows if required) $0 PMHP DTI Contribution Eligible Items $3,812,139 $452,045 $0 $0 $4,264,185 PMHP Municipal Contribution Eligible Items $944,523 $100,635 $1,045,158 Other Contribution Eligible Items (Identify the source) $0 Total Eligible Items $4,756,662 $552,680 $0 $0 $5,309,343 Non -Eligible Items $0 Total Project Cost $4,756,662 $552,680 $0 $0 $5,309,343 E:1iI BrUNW1Ck City of Saint John Provincial -Municipal Highway Partnership Program Four Year Plan 2025 - 2028 FOUR-YEAR PLAN CONTENT DTI publishes a three-year annual capital plan of anticipated projects. These projects include bridges, highways, buildings, and the Provincial -Municipal Highway Partnership (PMHP) Program. Included in this document are names, descriptions, cost estimates and financing for each municipality selected project eligible for the PMHP. The Four -Year Plan for the PMHP Program includes the following: 1. Certified copy of the resolution from Council adopting the PMHP Program Four - Year Plan of the local government. 2. Schedule A: Project description(s) to be completed for each project including project name, description and estimated costs. 3. Schedule B: PMHP Funding Request Summary (Excel spreadsheet). 4. Schedule C: Checklist signed by CAO or Transportation head. Provincial -Municipal Highway Partnership Program - Four Year Plan 1/5 BruNwick City of Saint John FOUR-YEAR PLAN FOR THE PROVINCIAL -MUNICIPAL HIGHWAY PARTNERSHIP (PMHP) PROGRAM 2025-2028 RESOLUTION 202X- XXX Moved by Councilor and seconded by Councilor "that the document entitled City of Saint-ohn Four -Year Plan for the PMHP Program 2025-2028 be adopted". Motion Carried I certify that the above resolution of the council of City of Saint John was adopted while in regular/special session , 202 X . (SEAL) Clerk City of Saint John Provincial -Municipal Highway Partnership Program - Four Year Plan 2/5 E:ic3 BruNwick Schedule A - Project Description Route number or name Project Description (Include limits and length of the work, type of rehabilitation): Asphalt resurfacing on various streets (see attached table), roundabout at Loch Lomond & Airport Arterial Identify non -eligible items of work that will be done as part of this project (i.e., water main, sanitary sewer, sidewalk, etc.): None - asphalt resurfacing only Year PMHP DTI Contribution Eligible Items PMHP Municipal Contribution Eligible Items Other Contribution Eligible Items Non -Eligible Items Total Project Cost 2025 $3,812,13 J$944,523 1$4,756,662 2026 $452,045 J$100,635 $552,680 2027 2028 (Add pages as required) Provincial -Municipal Highway Partnership Program - Four Year Plan 3/5 E:il BruNwick Schedule B: PMHP Funding Request Summary Please refer to the Excel document named: "PMHP Funding Request Summary 2025- 2028.xi s". Provincial -Municipal Highway Partnership Program - Four Year Plan 4/5 E:16'7 Bl"U� W1Ck Schedule C: Checklist • Schedule A for each project filled out • Schedule B completely and correctly filled out • Signed Council Resolution • Submitted application by the requested deadline • Failure to have the above completed properly and on time will result in the rejection of the application Authorized Signature: Provincial -Municipal Highway Partnership Program - Four Year Plan 5/5 E:11.1 September 6, 2023 Mayor and Common Council City of Saint John PO Box 1971 Saint John, NB E2L 4L1 Mayor Noade Reardon, Deputy Mayor and Councillors: Subject: Annual General Meeting — Pension Board of Trustees As mandated in article 2.5(e) of the City of Saint John Shared Risk Plan Declaration of Trust, the Annual General Meeting of the Pension Board of Trustees will be held on Wednesday, September 27, 2023 at 1:00 p.m. The meeting will be conducted electronically. Please confirm attendance and the name of the individual who will be attending on behalf of Common Council as soon as possible by responding to John Warrington, Pension Director at 0ohn.warrington@slsrp.ca. Please include an email address in order to receive the electronic invitation. Respectfully, Andrew Green Chair City of Saint John Shared Risk Plan Board of Trustees City of Saint John Shared Risk Pension Plan P.O. Box 1971, 15 Market Square Saint John, N.B. E21L 4L1 506-658-2862 E:Yl k4n )Icnnc� �ecvdc)r) Misty Schofield Street Saint John, NB E2K 11_2 September 7, 2023 Donna Reardon and David Hickey Saint John City Council 15 Market Square Saint John, NB E2L 4L1 Dear Mayor Reardon and Councilor Hickey: I am writing in response to the request of citizens of the Waterloo Village area in Saint John to speak to you regarding their concerns about drug use and "criminal activity" on Waterloo Street. I am employed by Fresh Start Services as the HOPE team Coordinator which is a federally funded program through reaching home funds. Our team houses the most vulnerable individuals in our city. Those who experience concurrent issues including but not limited to significant trauma, severe mental health, substance use, and history of incarceration. We provide intensive housing support, collaboration with wrap -around services, and 24/7 emergency client care. I recognize that Ms. Dobson, Ms. Arsenault, and Mr. Mays are concerned about the increased visibility of the homeless population where they reside and it is clear from their Facebook posts that they lack education regarding mental health, substance use, and the effects of trauma. I think that as members of the privileged population, we don't often realize and/or take for granted our ability to blend into the dominant society. The ability of any one of us to enter a restaurant or place of business and use their washroom. Our ability to shower daily, stay dry from the elements or even just exist with some semblance of privacy without significant amounts of judgment as we do normal human things like cry, be upset, use the washroom and cope with significant traumas in our lives like the loss of our children, parents and friends. Last winter our community lost a young man. He was amazing. Always smiling, kind, and brilliant. He never left a room without laughter. He died alone in a tent on the West Side. .. .. ' . ' ' .. .. He has so many friends and family who still to this day mourn his death. This February our community lost a father. He was a brilliant artist. He had given back to this community tenfold. He struggled with mental health and attempted to get help from the Mental Health ER. j _[ V _ ._._.. ....... This May our community lost a young man - -. -- --. -..- .--- _-.- E:1:3 felt that he could not reach out for help. In May ' .. ' -' I .. .. . not have to live with that image burned into his brain. I don't tell you these things as shock value, or fodder for the cause. I tell you these stories because this is the truth of some of the dives of your constituents and you have a responsibility to speak and stand up for those who are unable to do so, and more often who are ignored. None of these individuals started out as substance users. Every single one of these individuals reached out for help time and time again and when this help was not forthcoming, they turned to substance use to cope with unimaginable traumas. The women and men who exist on Waterloo Street are children, parents, and friends of our community. Every single one of them has a story that would break your heart. Every single one of them deserves compassion and empathy from those of us who have the privilege of not existing as they do. Treated as animals, corralled to inconspicuous areas so that we don't have to see the result of our own policies, legislation, and the overwhelming poverty in a country that has excess. I am very aware that there is no ability of municipal government to address these issues and the lack of services for our most vulnerable community members, and I know that it takes a collaborative effort between all forms of government and community members. As elected officials, you serve everyone. Even those unable to vote for you. If we are going to hear the concerns of the citizens who do not want to see poverty on their doorstep, I hope you will take the same time to hear the concerns of those living on our streets. To know them, to hear their stories, to walk with them. Because once you know them. Once you see them through their experiences and their eyes, you cannot unsee them. My hope with this letter is that you will advocate for these individuals as hard and fiercely as you would advocate for your own family members, for more services, for more support, for more funding, and also, for more compassion from any single person with more privilege. Sincerely, f Misty Schofield HOPE Team Coordinator I Fresh Start Services (705) 828-0148 } hope.freshstart@gmail.com "Hope is passion for the possible" E-lue 917/23. 9:21 AM Gmail - Re: Poverty and homelessness in Saint John NB. MG mail Misty Schofield {hop,e.freshstart@gmail.comy Re: Poverty and homelessness in Saint John NB. message Ian Holland To: "hope.freshstart@gmal.com" Tue, Sep 5, 2023 at 6:33 PM On Tue, Sept 5, 2023, 6:11 p.m. Ian Holland tihholland22 ci gmail.com> wrote: I would like to send this letter in support of the homeless population in our city.These people did not ask for this life but fife happens with all kinds of obstacles. I will not go I to great detail but my son committed suicide this past Feb.He was a genuine, caring compassionate, loving Father, son, brother and husband. He grew up in a family of love and caring,played all kinds of sports went to represent NB at many baseball tournaments as well as Art battles. He was passionate about everything he did in his short 38 years.He unfortunately struggled with mental health issues,addiction issues that ended up with him taking his life. He was at our Regional hospital on two occasions before being there again a 3rd time in Feb at which ,point he was released and shortly after took his own life. The reason I tell you this is that he like many of our homeless people are just that real people with family and friends that love them.They did not ask or want this life,they are dealing with real trauma and mental health issues and yes in many cases addiction. They (We) need our politicians and government leaders to step up and help these people of our own crty,with support, housing(not tents)proper and accessible mental health programs with trained support staff.lts not good enough to turn a blind eye to this issue,or have people sent away as my son was to commit suicide. It's not just about money it's about staffing shelters,helplines, providing basic human needs food. bathrooms, education that these people are not just a nuisance to be swept out of sight. This obviously is a huge national indeed worldwide issue,there is enough money and food in this world so we don't have to see our own family and friends live like this and 90 through this atone we just need awareness and the will to change things, It has to happen and it needs to happen now,otherwise we are all failing our Moms,Dad s,Brothers, Sisters,Sons and Daughters and that is very sad when we all have the power to make things better. Please don't sweep these vulnerable people away and take a out of sight out of mind attitude, they deserve better than that.These issues can happen to any of us. Thank you for your time Ian Holland. 90 https:lfmail.goog le.com/ma!Vu/11?ik=05a6a87ob0&view=pt&search=all&permth id =thread-f:1776234945369791167&simpl=msg-f:1776234945369791167 111 To Mayor Donna Reardon & Council, My name is Sara Graham, a 33-year resident of the city's North End and a committed member of the community. I am reaching out to you as a citizen of this city to express how disheartened I am at the lack of trauma informed care when it comes to individuals living in homelessness. The blatant stereotyping and marginalization that is happening when it comes to substance use and mental health struggles within the community saddens me as I'm naive to think that Saint John is inclusive and welcoming. We need to do better. We are raised with the integrity to take care of our own, but we've quickly fallen into the trap of labelling those we deem "unworthy", adapting to a lacking mindset and further falling ignorant to what brought them to that place initially. Our primary goal as humans is survival and while this looks like a lot of different things, it is important to recognize that is not our place to judge how individuals survive. Growing up as a child, both my Parents worked in "helping" fields, my Mother was a Social Worker and my Father was a Firefighter for the City of Saint John, having given his life in the Line of Duty in 2008. About a year after my Father died, my older brother committed suicide after reaching out and attempting to seek help with his straggles but could not access appropriate care from agencies. The only thing that stopped me from becoming the very clients I serve while dealing with the trauma I endured in my own life was having support of my family and friends. I was also fortunate and privileged to have access to mental health help and other programming. I had a family who gave their all to make sure that I was not abandoned, I had early intervention but it came at the cost of losing one of my own. People should not have to die in order to take notice but that's what will happen daily within the homeless communities if we choose to turn a blind eye to issues. If we cannot protect our own and find ways to live as a community, we are failing as a society. Having worked and spent a large amount of my time within the homeless community, I have had the honour of becoming a safe place to hear the stories from these individuals. I have been able to witness first hand the resilience built over the years within the homeless community because of the absolute horrific standards that their lives have been held to. Homeless people may be used to substandard conditions but that does not mean that we continue the cycle, it is our job to break those barriers and offer support to all regardless if we agree with their choices or not. They are not "junkies"; they are people struggling with substance use and mental health disorders, they are survivors of sexual and domestic abuse, they are Parents, siblings and friends. It is not our duty to create barriers for our marginalized community members, it is our duty to help support and overcome. Sincerely, Sara Graham daz�'o 9 0SI OR.E.C.A.P. STAMP September 7, 2023 Dear Madam Mayor, City Council Members and others to which this may concern, I write to you today on behalf of our citizens whose voices often go unheard in regard to the issue of poverty and its effects in the Waterloo Village area. It is my understanding that there are concerns being raised about drug use, safety and crime in the community. Not only do I believe these concerns are a result of people with a "not in my backyard" mindset, but the concern is also misplaced. Rather than focus on substance use and crime as the issue, I ask you to look at it as a symptom of a much larger issue, poverty. According to the Canadian Observatory on Homelessness (n.d.), in 2023 Saint John has 183 people experiencing homelessness with only 2 shelters, less than 100 shelter beds, and an apartment vacancy of less than 2% (Canadian Observatory on Homelessness, n.d.). With the cost of living on the rise across the country, access to safe, secure housing is becoming increasingly inaccessible. It is exceptionally apparent in my role as a social worker in the community that it is difficult for individuals to accomplish day to day tasks or set themselves up for success when they are not housed. The resources in Waterloo Village that some people claim are contributing to crime and substance use in the area have been put here to address the on -going issues caused by poverty in the area. Research collected by RECAP shows that 70% of the individuals who use RECAP services live in deep poverty, versus 3 1 % of the overall population. Deep poverty, living 8000- 14000 dollars below the poverty line, is associated with a multitude of comorbid physical health issues, as well as mental health and addiction (Auger & Alix, 2016). RECAP, the clinic I work for, was created to provide equitable, accessible health care to this at -risk population. RECAP research shows that there has been consistent engagement with services, specifically OAT — Opioid Agonist Therapy — with 63.3% of patients remaining engaged in care after 5 years and engagement has been associated with decreases in the incidence of crime. 75% of OAT patients remained negative for hepatitis C after 5 years with RECAP, which is evidence of less intravenous drug use and/or safer intravenous use. Over half of the patients served by RECAP come from families with a history of addiction and mental illness, which before even reaching adulthood, puts individuals at an increased risk of developing substance use disorder or other mental health diagnoses themselves. The individuals who people are seeing using substances or engaging in criminal activity in the area are not the 0y CR.E.C.A.P. STAMP �a ones to be blamed here, as they are victims of a broken system and were, more than likely, never given a chance to succeed. To reiterate, the issue is much larger than drug use and crime in Waterloo Village. Substance use is a symptom of a larger systemic issue and until we address poverty, substance use, and criminal activity will continue, whether it be in Waterloo Village or elsewhere. What is needed is increased resources to help those in poverty and struggling with addiction and mental health. Harm reduction services, such as the ones already in place in our community, provide safe, accessible care for these individuals but it will never be enough if they remain in deep poverty, unhoused, without even having a place to sit down for a meal or shower. Sincerely, Shauna Wilcox, B.A., B.S.W., R.S.W. STAMP Lead Case Manager & RECAP Social Worker Citations Auger, Nathalie., Alix, Carolyne. (2016) Chapter 4: Income, Income Distribution and Health in Canada. Raphael, Dennis (Ed.), Social Determinants of Health: Canadian Perspectives. (pp. 90-109). Canadian Scholars' Press Inc. Canadian Observatory on Homelessness. (n.d.). Saint John. Saint John I The Homeless Hub. https://www.homelesshub.ca/community-profile/saint-john 019] September 6, 2023 Saint John Common Clerk's Office, 15 Market Square Saint John, NB E21, 4L 1 Dear Mayor Readon and Council: I understand that the City is holding a meeting with a select population of Saint Johners on Thursday, September 7, 2023 at 4:00 p.m. at City Hall to discuss concerns about drug use, safety and crime in Saint John's Waterloo village. I was saddened to hear that only individuals who have been expressing frustration and annoyance with the people of Saint John who are living with mental health, substance abuse, poverty and homelessness are invited to attend this meeting. I was confused why other interested parties in this issue were excluded from this discussion. I understand that people who do not appreciate the complex issues that lead to poverty and homelessness, judge this marginalized population harshly and misplace the fault upon these people. Regardless of circumstances, everyone should be offered dignity and respect. As the privileged population, we assume that facilities, such as access to restroom is available to everyone, unfortunately the homeless population would consider it a luxury. People living with mental illness and substance abuse issues is not a new problem. People living in poverty and homeless is not new. What is new, is the increasing population and visibility of this population in our community in recent years. Mental illness, substance abuse, poverty and homelessness do not occur overnight and therefor they will not be remedied overnight. It takes time and effort from everyone to assist this population. I hope this meeting will be community based and solution focused rather than an opportunity for the "concerned" Saint Johners to air their grievances in an echo chamber of their peers. If the City of Saint John truly would like to assist its marginalized citizens, it should take action to meet with community leaders and organizations who work directly with the population the meeting on Thursday September 7, 2023 is targeting. Y s very truly, Laura Bo LB/LB Laura Boyd I Lawyer-- Board Member of Fresh Start Services for Women Inc. Laura. r.boyd@gmail.com gmail.com 94 917123, 122 PM Gmail - Letter for support For today M Gmail Letter for support for today Misti Denton To: "hope. fresh startgogmail.corn' To whom it may concern.. Misty Schofield <hope.freshstart@grnail.com> Thu, Sep 7, 2023 at 1:03 PM I am writing this letter today to add my name to the list of people advocating for better services for our most vulnerable citizens in the city of Saint John. For the past seven years I have worked in the Waterloo village area of Saint John, my office is located between Waterloo St. And Prince Edward St. Over the years I have seen and been in contact with many individuals who have become unhoused for various reasons. Over the past two years especially this reason is because of the obscenely high cost of rent in the city and the lack of available rental units. The people who are affected most are the ones who are the most vulnerable which includes people with disabilities whether physical disability or the non visible kind including mental health issues. They are individuals who were already living on the lower end of the wage scale trying to make ends meet. I have met many people who did have apartments whose buildings were purchased buy out of province landlords and put back on the market at rental rates that are completely unwarranted for a city of this size and for buildings that are very old, expensive to heat and not well kept. I have met individuals who stood and watched they're greedy landlord throw out all of their personal belongings and sentimental items from their lives simply because the individual did not have the funds available to move those items out of the apartment unit because they had nowhere to go due to a lack of housing and causing them to become homeless. It is atrocious that in 2023 we do not have drop -in centres with wrap around support for people who are trying to just survive. How can someone be expected to improve their situation or find employment when they live on the street or in a tent if they were lucky enough to find one? Saint John needs drop -in centres where individuals who are staying in shelters can go during the day to stay out of the elements but to also receive support. Whether that is support is to find a new apartment where they can be housed and live a safe life, or whether that is help for them to find employment, to get into addictions support services.. or to find the mental health support services that they need. In 2023 even to find a job, an individual needs to have access to technology. Individuals who are homeless frequently do not have access to technology and therefore are in an impossible situation where they can't move ahead in life at all. They can't call any support agency. they can't call a doctor, they can't call friends or family if they need help. They have no one except for the organizations that support our most vulnerable citizens, and those organizations are stretched thin. The staff working there are exhausted, burned out and overwhelmed because of the increased numbers of individuals needing support and the lack of support available to them to access in the first place. This needs to change, and fast! 95 https:llmal l.goog le.com/maillull l?ik=05a6a87ObD&view=pt&search=all&prermmsgid=msg-f:1776395324583822642&simpl=msg-f:17763953245838226... 1 /2 917/23, 1:22 PM Email - Letter for support for today Why isn't Saint John, in combination with the Government of New Brunswick, buying up older hotels and motels and converting them into long term residence, similar to what the Crown Court apartments formerly Courtney Bay Inn has done? This can be a model to build on for the city to get people housed now which is the most important need as winter is coming. Let's do something substantial now to get people off the street and into the care they need. Doing this will only save the city and the province money in the long term. Individuals who are living on the street will and do require healthcare services beyond what they would require if they were housed in receiving the support that they need to live a safe and productive life. The situations surrounding homelessness also take many hours of Police service as well. This could be minimized and Policing funds saved, if supports can be made available for our most vulnerable residents. There are plenty of older hotels and Motels around the city that could be purchased for this very purpose. These facilities already have everything that an individual would need to sustain life including kitchenettes, bathrooms and laundry facilities in the building. Having a safe warm space of one's own is not only imperative for physical health but it is vital for mental health. The individuals that society calls junkies Anne looks down upon are somebody's family member who have fallen on hard times for whatever reason, and that reason is irrelevant. What is relevant is that the individual needs help. The individual is probably in that situation because of living through a trauma that affected them negatively, whether that trauma was losing their housing and having no support, having an accident and being prescribed highly addictive opioid medications that left them addicted and seeking out medication in whatever form it comes including from drug dealers on this street. As someone who works with a vulnerable population, I have heard this story numerous times and know it to be true because I've seen it with my own eyes in the clients that I work with. Saint Jahn being one of the cities with the highest ;poverty rates in all of Canada and one of the highest child poverty rates can and should turn this situation around immediately. We can become an example for the rest of Canada on how to improve the lives of our most vulnerable and in the process make our communities safer for not only the individuals who have to live on our community streets, but also the residents who own homes or rent apartments in those neighborhoods. Thank you, Misti Denton 96 https:I./mail.google.com/mailiull f?i k=05a6a87ObO&v;ew=pt&search=all&perrnmsgid=msg-f: i 776395324583822642&sirnpf=msg-f,.17763953245838228... 212 To whom it may concern, I am writing this letter regarding the meeting that is taking place with the city and other concerned citizens who indicated that the state of Waterloo village is affected by "all the junkies". I am here to advocate and speak for those individuals who have no place to lay their head, individuals whodon'tget access to showers or have safe place to eat. The issue is not these individuals who have endured an overwhelming amount of trauma in their lives, but others who feel that the only solution is to shut them out from the limited access they do have here to resources. I speak for myself and the people I work with every day when I say that I have got to know a lot of these individuals as something otherthan just "junkies". We as a population are the problem and instead of attempting to push out the vulnerable, we should be pushingfor more access to resources. Providing more emergency supports such as more shelters, food access and day programs while someone is homeless. I think it would do more for our city to really look at what we can do to help those in need rather than fighting to push them aside. Poverty is real, addiction is real, trauma is real, and there will be no progress seen if we do nothing to help them. We must remove this kind of judgment and discard false misconceptions when looking at these individuals, many are there because of unforeseen and unavoidable situations. It is easy to pass judgment or expect the next person to step in and make a difference, but it is our responsibility as citizens to assist where we can. Personally, we need to start humanizing people who are often forgotten, objectified and stigmatized by society. They are humans, just as we all are. They grew up with dreams, goals and wishesjustas we all did. These individuals are somebody's son, somebody's daughter and they deserve peace just as we all do. Sincerely, Taylor Cole (Fresh Start/HOPE team) AN ---------- Forwarded message --------- From- Nicole Crier < Date: Wed, Sep 6, 2023 at 10:07 PM Subject: Letter to the Mayor To: Dear, Mayor Donna Reardon I work with the most vulnerable women and men in Saint John who live day to day with addictions. Not something they chose for their life, and far to many of these people have found themselves with uncontrollable circumstances through unfortunate situations. These people have meaningful stories, lives of successes and accomplished goals, they are people who have familes and friends who they love and care about. People with good hearts and kind souls. Poverty in Saint John has caused homelessness and a volatile city with broken systems and harmful stigmas against humans with addictions or who are unhoused. Saint John and area have a only small amount of resources to offer for anyone in need; to even try and support basic necessities of our unhoused community members. In Saint John, we must create hubs and welcoming spaces for these people who are desperately looking for any type of help. Whether it be getting off the streets for a few hours. eating a warm meal, showering/brushing teeth, or just knowing there is someplace safe to sleep that night at a shelter with enough capacity. Saint John is in high need of a drop -in center for such to help build and connect community. A safe -space for the unhoused community members to go and fufill the basic human needs, such as good hygiene„ or nourishment, etc. Saint John is a poverty ridden city, we can only look forward to a domino affect of the traumas, pain, grief & loss, untreated mental illnesses, and an increase in homelessness, if something drastic does not happen soon. If you or your favorite person were in the same situation, they would absolutely welcome the idea of, a caring and helping space. Sincerely, -Concerned Front Line Worker qe:3 To whom it may concern, My name is Emma Blois, I sit on the board for Fresh Start Services, I am a government of NB employee and I am born and raised in Saint John. In many ways, I am extremely proud to be a Saint Johner, the city has grown and flourished, just as I hoped and knew it would. But in some ways, I am disappointed and heartbroken by my city. Our homeless population continues to grow, and our provincial and local government continues to not only ignore it, but actively act like it is an individual's problem and not a societal issue. It is my understanding that community members will be meeting with Mayor Reardon, a city councillor and police representative(s) on Thursday September 7th, regarding our homes less population but masking this as though they are concerned regarding drug use, safety and crime in the city. If I was not working, I would attend this meeting, to show that I am sadden by these peoples lack of empathy, and understanding of poverty, homelessness and substance abuse as a whole. I am an advocate for the safety and well-being of all individuals in our community, but especially for the most vulnerable populations - which a big part of that is the homeless population. Them or the tents are not the problem in our city, the problem is the lack of resources and help, that our government and city officials are offering them. We have over 150+ unhoused people in our city, but only 47 shelter beds currently available. 0 drop in centres, 0 sit down food places for the unhoused and 0 washroom and shower access. The city will use Covid as an excuse for this, but this issue has been prevalent much before the pandemic. Poverty isn't something people choose, and criminalizing it and those who are affected by it (which is 32.4% of Saint John) is not going to erase it. Ignoring this problem, labelling the homeless as other and demonizing them, does not help anyone and will not keep our city safer. instead of discussing how we can eliminate the people who are homes less like you are doing today, please open up the floor to talk about how we can eliminate homelessness and what needs to be done to do that. How the government should be providing more services to the unhoused, reducing barriers to mental health services, increasing income supports, creating more housing initiatives, and decriminalizing drugs. Saint John was just rated the 5th safest city in the Country, getting rid of our homeless will not make us safer, but doing all that is mentioned above, to reduce homelessness, will. We are all a product of our circumstances, and for a lot of Saint Johners, we are only one bad day away from living in Waterloo Village. Those people are just like us, do not make them out to be the "bad guys". The bad guys are those in positions of power, who do nothing with that power to help the vulnerable. Thank you, Emma Blois 061 917/23, 9:23 AM GmaiI - Meeting At City Nall RE; Homeless People MV Ida i l Misty Schofield <hope.freshstart@gmail.com> Meeting At City Mall RE; Homeless People 1 message Anna iamb _____._.._..__..._...__ .. Tue, Sep 5, 2023 at 4:39 PM To: "hope.freshstart@gmail.com" S Rear Citizens, I wish could attend but due to surgery 1 am unable to, but would like to voice my opinion! I have been all over Canada lived, the USA, and Bermuda due to the military I have seen more than this than I care to say. Saint John is a beautiful City and Waterloo St has several tents that need to be addressed, can we put Porta Pottys there for people in tents? Where do they go to the bathroom and have no water at all? In Moncton and Fred!ction they are doing small places for the homeless which will keep them off the streets and keep them dry. Even though we have food banks are we doing enough to ensure all people get bags of food even if they look and smell bad? No one should be sent away think if you were outside in rain and snow storms with no money no home no place to wash yourself or even clothes my question to you all is this. What would you do? Even though it is hard to take give them some food outside let me go on their way. It is not up to citizens to do everything it is time our Government steps up to the plate. The hard-core drug uses are a lot less now than before. We have a few places that do meals once a day. We need Shelters to retrain a lot of these people If our Prime Minister can give millions to foreign countries to buy guns etc. Then our Canadians should come first !! 11 Why can't we build our own Shelters? Always money we need. 1) Starts with Government funding for this 2) The Social workers and Welfare offices need more funding 3) All medical and dental should be provided to the homeless and those in need 4) We need affordable housing and apartments put the rent cap back by only $10.00 Dollars up to $25.00 per month 5) it is time for changes for good 6) We do not have enough beds or resources in this city Thank you all for caring and listening. Anna D. Iamb 100 hrps:)/mai1.google.comlmaillull Pik=05a6a870b08view=pt$search=all&permthid=thread-f:1776227735079793413&sdmpi=msg-1:1776227735079793413 10 Dear whom it may concern, This letter is being written on behalf of myself as I cannot attend the meeting being held today concerning the "drug use, safety and crime" in the Waterloo area of Saint John. As a future health care professional in the city of Saint John, I am writing this letter to advocate for vulnerable individuals within our city. Poverty and homelessness are experienced by individuals due to several factors such as lack of income, affordable housing, and support. These lacks are often a result of system failures, domestic violence, traumatic events, and mental health crises. A solution to the presented issues should not include criminalizing the outcome of an individual's circumstance but should aim to provide support and improve the quality of life of these individuals. This can include reducing barriers for access to care and basic needs within the city of Saint John for those living with and experiencing mental illness, substance abuse, poverty, and homelessness. Sincerely, Courtney Boyne, B. Sc. DMD Candidate, Class of 2024 Faculty of Dental Medicine and Oral Health Sciences, McGill University `to]I 917/23, 9:19AM Gmall -Attention Misty letter request MG ma I l Misty Schofield <hope.freshstart@gmail.com> Attention Misty letter request 1 message Denise Campbell <�....._ _ _-- _ . Wed, Sep 6, 2023 at 4 12 PM To: Donna Reardon and David Hickey, I am a concerned citizen of Saint ,John and the uptown area including Waterloo village. Since being a shelter worker at the Belyea arena I have first hand insight into the homeless population. I have a clear understanding of a lot of issues that these people have to endure on a daily basis. There are not enough supports in place to assist and help these folks with all the mental health issues, addictions and no real housing to put them in such as low income units. This is totally unacceptable. Working at the Belyea this past year I have met some incredibly amazing folks. Each with their own story and each with their own heartbreaking unfortunate circumstances that landed them at our shelter. They don't want to be there but alot of them don't have anywhere else to turn. Many a nights we (shelter staff) were over capacity. We were "suppose" to tum people away once we reached our max, but ask yourself this :Would you turn someone away at -20 degree weather to freeze to death? I hope your answer is no because we didn't send them away. We weren't going to be responsible for a death on our watch. We do not have enough shelter beds, we do not have enough low income units. we do not have enough support housing ie: support group homes, special care homes. Because let's face it alot of our clients have mental health issues that require them to be placed in a supportive environment. They shouldn't be wandering aimlessly on the streets where they could easily be taken advantage of. We also need more places such as drop in centers. Clean safe spaces to use. Yes there is slot of drug use but if folks had somewhere to go there wouldn't be as many used needles or other paraphernalia everywhere you don't want it to be. In closing I just want to reiterate how important it is to come up with some solutions to solve these ungoing issues, it takes time to build new housing etc, I get it. But first thing first winter will soon be upon us again so creating more shelter beds and having a dry safe and warm place for these folks to lay their head at night when the snow starts to fall is needed. Nothing is guaranteed anymore and the circumstances change. It could be you or I that finds ourselves looking for a place out of the cold. Be kind! Denise Campbell 102 https://mail.google.cam/mail/ull !?ik=05a6a87ObO&view=pt&search=all&perfnthld=thread4.1776316659049336051&simpl=msg-f.1776316659049336051 ill September 5, 2023 City of Saint John 15 Market Square Saint John, NB E2L 1 E8 Attention: Mayor Donna Reardon & Councillor David Hickey Dear Ms. Reardon & Mr. Hickey: Re: Drug Use, Safety and Crime in the Waterloo Village Area I am writing this letter as a concerned citizen of the City of Saint John from the Uptown area and also being one of the shelter workers from out of the cold shelter at the Belyea Arena this past year. I've witnessed first hand the effects of not having enough shelter beds as well as safe, affordable housing and the lack of mental health supports for those who are struggling. It is extremely sad to see such a lack of support out there for people to go to get some help.. We, as a community, need more low-income housing and place for folks to go during the long winter days and not to mention the massive rain storms we've all had to endure this summer. These folks have literally nowhere to go to get out of the cold. A warm place to warm up and dry off when they're soaked to the bone. Sickness (colds, flu, pneumonia) runs rampant; how could it not' Working at the Belyea we had the unfortunate task of basically `shipping' folks back Uptown on a Saturday or Sunday morning at 8am; some being very ill. We had no choice to put them out as the shelter was only open between 8pm — 8am. This should not be happening. Mental Health supports or the lack of is extremely disheartening. There are so many people out there suffering with mental health issues with literally nowhere to turn. This needs to change by creating more safe spaces for these folks to receive the care and support they need. Meeting such a diverse group of individuals at the Belyea puts a iot of things into perspective. These folks are just `homeless, schizophrenic, crack heads'; they are people like you and I who deserve to be treated with respect. They are all our sons, daughters, brothers, and sisters and should not be treated like criminals. Let's work together in creating a solution with more supports, more housing (low-income apartments, supportive housing and drop -in centers) where people can grab a shower and wash their clothes and/or find a caring person to talk to. Sometimes these folks are just lonely and need someone to listen. As a community, we need to decriminalize homelessness. Yours truly, Emmett Grier liNQ September 5, 2023 City of Saint John 15 Market Square Saint John, NB E2L 1 E8 Attention: Mayor Donna Reardon & Councillor David Hickey Dear Ms. Reardon & Mr. Hickey: Re: Drug Use, Safety and Crime in the Waterloo Village Area I'm contacting with regards to the above noted concern as I'm unable to attend the meeting scheduled for September 7, 2023, at 4pm in City Hall. In being the former Property Manager at Market Square, I've witnessed on numerous occasions the lack of low-income housing, shelter beds and mental health services. The homelessness and severe mental health cases in that area is extreme and it is very evident that the resources for the homeless and mentally ill are not sufficient. In voicing my concerns, I'm hoping that the City of Saint John will take the issue more serious and put emphasis on increasing the shelter beds, low- income housing opportunities and mental health services to those who require them. I appreciate your time and efforts in this matter and feel confident that you both will do your part to minimize future issues for these people in need. Yours truly, Lori Cleveland `[9L1 9r7/23, 12:57 PM Gmail - (no subject) V ma i l Misty Schofield <hope,freshstart@gmail.com> (no subject) t message Melissa Gowlett Thu, Sep 7, 2023 at 12:40 PM To: "hope.freshstart@gmail.com" Donna Reardon and David Hickey: I am writing to you today to voice my concerns about the housing crlsis in Saint John. Especially focusing on those people with mental health issues. I feel more can and should be done to create a safe and non -judgmental place for people in need to go to. I really hope something can be done in the near future as the cold weather is just around the corner and I myself wouldn't want to be left out in the cold. l appreciate you taking the time to read this and again I hope something good comes from all this. Thank you Melissa Gowlett 105 https:llmail.goggle.comlmaillull l?1k=45a6a87Ob0&view=pt&search =all&perrrthid =thread-f:1776393916©9908469 8&simpl=msg-f:1776393916099084688 111 9R123, 1:22 PM Gmail - letter of support for today's meeting M Gmail letter of support for today's meeting 1 message Gina Garter To: Misti, Misty Schofield <hopeJreshstart@gmail.com> Thu, Sep 7, 2023 at 1:14 PM I am a concerned citizen, as I watch more and more people in this community are turning to the streets because they can no longer afford housing. I don't understand the astronomical rent hikes in a city with so much poverty. There are so many people in this city who are in a vulnerable situation that are one paycheque away from living on the streets. These people are continued to be rejected, abused and misunderstood. Yes, drug use runs rampant among the homeless, but they are trapped in a terrible cycle. With all our city's resources can we not find some. housing for them, if not warming shelters. Last winter, I met a couple who were not allowed to sit anywhere. The woman had gout in her foot and was unable to walk around. So they sat in the building where I work. So many did that last winter. The homeless people of Waterloo Village need to be represented to council and not merely judged as .'addicts". There is so much traurna and underlying issues with people who are in addiction and experiencing homelessness. They really do need more supports. We show our humanity by how we care for others, especially when they are not in a position to change their situation. Thank you, Gina Carter 106 httpsJ..'mail.google.com/mailiu111?ik=D5a6a87ObO&view=pt&search=all&permthld=thread-f:1776396014511309169&sjmpl=msg-f:1776396014511309169 111 COUNCIL NOTICE OF MOTION Received Date Septebmer 17, 2023 Meeting Date September 18, 2023 Open or Closed Open Session Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT: American Iron and Metal (AIM) Primary Author Input from Council Input from Staff Councillor Norton yes yes PROPOSED MOTION: WHEREAS American Iron and Metal (AIM) continues to prove time and time again it is not a good neighbour to the residents of Saint John; and WHEREAS the Province of New Brunswick has the power not only to suspend the operations of AIM temporarily but forever, by force of legislation and, if necessary, relying on section 33 of the Charter, the notwithstanding clause; RESOLVED Council directs the Chief Administrative Officer to request in writing and through ongoing efforts, as determined by the Chief Administrative Officer, that the Premier and the Province of New Brunswick invoke their power to shut down AIM for good and never allow an organization like this to operate on our waterfront or in our city again. BACKGROUND INFORMATION: September 14, 2023, was a difficult day for the people of Saint John. Our Firefighters and first responders spent countless hours at untold cost and risk, dealing, yet again, with AIM's negligent and reckless conduct. The people of our community were subjected to toxic chemicals and fallout. What happened last week is an abomination because it was preventable. There is no reason or room for this type of negligence in the modern world. Our residents must never experience a horrific incident like that again. Out -of -control industrial fires are not what we want our beautiful city to make national news for or be known for. Nothing is more important right now than all three levels of government and Port Saint John sitting at a table together and not leaving it until we come up with a solution to ensure AIM's operations is no longer. 60-1 SAINT JOHN r--�r P.O. Box 1971 Saint John, NB Canada E2L 4L1 I www.saintjohn.ca I CR 1971 Saint John, N.-B. Canada E2L 4L7 `[orl As Council, we have the authority to direct our Chief Administrative Officer to request that the Premier and the Province of New Brunswick invoke its power to shut down AIM for good and never allow an organization like this to operate on our waterfront or in our city again. STRATEGIC ALIGNMENT: N/A SERVICEAND FINANCIAL OUTCOMES: N/A INPUT FROM OTHERS: N/A ATTACHMENTS: N/A SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L4L1 I wvwvsaintjohn.ca I C.P 1971 Saint John, N.-B. Canada E2L4L1 `DU] r� 'The city of saint John PROCLAMATION Whereas The City of Saint John granted Freedom of the City to His Majesty's Canadian Ship, Brunswicker in perpetuity on July 6th, 1985 And Whereas The City of Saint John hereby reaffirms the granting of the Freedom of the City upon His Majesty's Canadian Ship, Brunswicker And Whereas This Freedom is confirmed and granted on the historical occasion of the celebration of the Centennial of HMCS Brunswicker and the Centennial of the Naval Reserve. And Whereas This Right is bestowed to march the streets of the City of Saint John on all occasions with Colours flying, bayonets fixed, and drums beating. The Right is hereby affirmed, in honour of battles fought and peace preserved. And Whereas The City of Saint John recognizes the achievements of the Naval Reserve Division which have brought great honour and pride to this City, Canada and the British Commonwealth. May you exercise this Freedom of the City in memory of all who served and those who lost their lives. And Whereas The Freedom Parade will be held Saturday September 23 commencing at 10:00 a.m. This Freedom of the City declaration is presented with utmost respect to acknowledge the courage, sacrifice and continued service given by the men and women of His Majesty's Canadian Ship Brunswicker. NOW THEREFORE: I, Mayor Donna Noade Reardon, of Saint John do hereby declare the Saturday September 23, 2023 as Freedom of the City Day for the His Majesty's Canadian Ship, Brunswicker. In witness whereof I have set my hand and affixed the official seal of the Mayor of the City of Saint John. Mayor Donna Noade Reardon 109 P1 SAINT JOHN BUSINESS IMPROVEMENT ASSOCIATION September 18, 2023 Your Worship and Common Council Re: American Iron and Metal Fire Uptown Saint John Inc. (USJI) is the business improvement association that supports local business. It is with great frustration and concern that the American Iron and Metal (AIM) fire that recently took place on September 14th, 2023, affected many of our residents and local businesses. USJI represents over 500+ businesses of which many had to shut down their operations for the day. This cost to our local economy has huge impacts on the business and property owners. The safety of our business owners, residents and visitors to Uptown Saint John was significantly compromised with unknown ongoing affects. USJI echoes Mayor Noade Reardon's statement and that of Saint John Common Council to hold all parties accountable to provide respect and protection. R ards, K sta W ore Uptown aint John Inc. - President cc: USJI Board of Directors Your Worship, Mayor Noade Reardon Common Council City of Saint John life - uptown 17 Canterbury Street, Suite 180, Saint John, NB E2L 2C3 110 506.633.9797 ° uptownsixom I Ca uptowns] >- N U � z �I z C: M N O O 4-1 �c 00 o U �J cn Fu i O O (A O W O Q) b i 1 V O � L.L aN-+ a_+ O a--+ N O � U V N +_�' O �' U �' W 3: cn •v O O cv m O 4-0 rl O N I C71A fC 3 t L L C 0 N 41 aJ E N N N ie i O 5 N L 0 v 1 y 41 LL 4- m O C N a E U N 0 0 0 0 0 �o o Ln 0 Ql Ln N o0 Ln N N N r-I r-I oo, o N N a K 0 M O O r-1 O N n O N Ln r-1 O N 00 X�, O N 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O O O O O O O O Un o Ln O Ln O Ln O Ln O Ln O M M N N r-I r-I 0 0 0 --� a � v v m V O CM � v v � � v � 0 � a ° 4-1 a0 a a v a .� v � 4-1 3 a a 0 a s +� .�' a U u a a v tuov a a aj s c _ a s o 4 3 o v o s v 4-1 a O 4-1 ' _ v a"' o CL o v s4-1 v V � O O •_ v � N u W O fa O s m V Lrj 0 O c c O fV Ln ca 0) O O V N r4 � m (10 p o N N Ln � r*4 N M N O �r4 �p LA 00 (1O (1O CL M O (y) o m N rl N (10 V Nrl O r�- m o6 4A m 4A u O a °° ° o (A.- � C6 fa ° m o fa X V m LLI _x W U N W �A N t4A 4A s Ln O u W Q) buo co i L: i • WR Q O L O Q • • • • • ITS 0 v s o � v o � v � O •� 4-j o a CL a 0 o v v a LLJ s•- v a � � o •� �, o •- � a a4-j a � Q � V N v fi 0 m o 0 0 w N N N m m m N N N N P P P rl O O L Lr; 0 0 0 0 l0 Ln 0 0 0 M 0 0 M rl O O Ln 0 0 0 0 O O O O 0 0 0 m m m 0 0 0 0 0 0 N Ln 0 M r-I r-I N N N O LA N N N 0 0 0 0 lD W Rt Ln p p p M Ln O M ,4 4 fM Lri P P P O rl N M Rt Lf) lD N N N N N N N O O O O O O O _N O N •% ri' z z _0 c (1) _=3 U L O •C: 00 ate+ QO O 00 O N U �J? 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N W � N }+ O • f6 Q O +1 txo -0 U .� O •� 0 E N a--+ N � O U� s O cn �+ O bn O �� �� a x 'N U Ln � N N E M oC .O +j GJ v O •Q �C: �O Oo H� vca G r< qj)- �p O .E N r4 O .E O N i!n O .E O .E O .E lqt -Ln it 9 m U LL � o z U CL N 00 Ln Q r4 (1) p a) > -0 a� >- (1) -0 -0 (1) 0 QC (1) _0 0 LL LL i J ZO oq C N a-J .0 }' N D >O O U U E Qr- c) U O Q U � O a) ar- 0 Q N E N � Q LL u N N c ) V)- fYi C 1 N 0 J m C6 N • — — QQ L a� i i m Ln Ln au oC i ca U DC oC U i N N O O N a -a_+ L a- O U ^ , N W N Q � Q� LL LL N L � lfl i Q ��..+ a-�+ O N O O E po m_0 Q LJJ � fa cn ^ � � � 0 N i O p � O � N U M LL o C:-0 O O LU _0 N N ELLU _0 U N N c: O� 0 �— �•� ��ca �--+ �--+ O U U 0 z ' a_+ O C i ateJ O > O � � CL N O cV O C- �, _ Q M 'o-a u u o E S c- �-0 o � o ° ci UU z �U U b.0 HLL rl rV (Yi A 0 4-j LU J = U z w J DLLz 000 z E zE O QQ 0 2iwLn j z U Owe a oz Q� U oc cr M&C No. 2023-195 Report Date September 12, 2023 Meeting Date September 18, 2023 Service Area Public Safety Services SUBJECT: Building Safer Communities Fund —Amended Contribution Agreement with Public Safety Canada EXECUTIVE SUMMARY OF COMMITTEE OF THE WHOLE REPORT FOR OPEN SESSION OF COUNCIL The City entered into a Contribution Agreement with Public Safety Canada dated February 27, 2023 under the Building Safer Communities Fund. Following the submission of additional information about the project for which an application had been made to the Fund, Public Safety Canada agreed to increase the funding for the project. This requires an amendment to the existing Contribution Agreement. The purpose of this report is to seek authority for the City to enter into Contribution Agreement Amendment #1 to increase the amount of the funding for the project. COUNCIL RESOLUTION That the City enter into Contribution Agreement Amendment #1 with the Minister of Public Safety and Emergency Preparedness, generally in the form as present to Committee of the Whole at its meeting held September 18, 2023, for the receipt of $972,992.38 from the Building Safer Community Fund and that the Mayor and Clerk be authorized to execute the said Contribution Agreement Amendment #1 and any other documents ancillary thereto. `K191 M&C No. 2023-215 Report Date September 13, 2023 Meeting Date September 18, 2023 Service Area General Counsel SUBJECT: Release of Positive Covenant at 279 Duke Street EXECUTIVE SUMMARY OF COMMITTEE OF THE WHOLE REPORT FOR OPEN SESSION OF COUNCIL The City received a request from a homeowner to release an encumbrance, in the form of a covenant, in favour of the City that is registered against a property located on Duke Street. The covenant dates back to the early 1970s and is no longer of value to the City. The purpose of this report is to seek Council's authorization to release the encumbrance and clear title for the current owner. COUNCIL RESOLUTION That the City release the encumbrance recorded on the Certificate of Registered Ownership for PID 363374 as a "restrictive covenant" and that the Mayor and Clerk be authorized the execute the Discharge of Restrictive Covenant generally in the form as presented to Committee of the Whole at its meeting held September 18, 2023, and any other documents necessary to effect the release.