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2024-11-12_Agenda Packet--Dossier de l'ordre du jour Committee of the Whole COMMON COUNCIL / CONSEIL COMMUNAL October 24, 2024 / le 24 octobre 2024 MINUTES REGULAR MEETING COMMON COUNCIL OF THE CITY OF SAINT JOHN OCTOBER 24, 2024 AT 4:30 PM MEETING CONDUCTED BY ELECTRONIC PARTICIPATION 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 Website (www.saintjohn.ca) or on Rogers TV Present: Mayor Donna Noade Reardon Deputy Mayor John MacKenzie Councillor-at-Large Brent Harris Councillor Ward 1 Greg Norton Councillor Ward 1 Joanna Killen Councillor Ward 2 Barry Ogden Councillor Ward 3 Gerry Lowe Councillor Ward 4 Greg Stewart Councillor Ward 4 Paula Radwan Absent: Councillor Gary Sullivan Councillor David Hickey Also Present: Chief Administrative Officer B. McGovern General Counsel M. Tompkins Fire Chief R. Nichol Commissioner Human Resources S. Hossack Commissioner Growth & Community Services A. Poffenroth Director External Relations L. Caissie City Clerk J. Taylor 1. Call to Order 1 COMMON COUNCIL / CONSEIL COMMUNAL October 24, 2024 / le 24 octobre 2024 1.1 Land Acknowledgement Mayor Noade Reardon read aloud the Land Acknowledgement and called for a moment of reflection. the Wolastoqiyik/Maliseet.The Wolastoqiyik/Maliseet along with their Indigenous Neighbours, and Friendship Treaties with the British Crown in the 1700s that protected their rights to lands 2. Approval of Agenda Moved by Councillor Killen, seconded by Deputy Mayor MacKenzie: RESOLVED that the agenda for October 24, 2024, be approved. MOTION CARRIED. 3. Disclosures of Conflict of Interest 4. Business Matters Municipal Officers 4.1 Councillor Vacancy for Ward 3 Moved by Councillor Lowe, seconded by Councillor Stewart: RESOLVED that: WHEREAS, Councillor David Hickey resigned from his position, effective October 24, 2024; and WHEREAS, the New Brunswick Local Governance Act, Section 50(1)(b WHEREAS, shall by resolution within two months after the date that a vacancy arises, declare any vacancy resulting under paragraphs 50(1)(b) to (h) and, within ten days after the declaration, the clerk shall forward a certified copy of the resolution to the Municipal Electoral Officer, who shall hold a by- NOW THEREFORE BE IT RESOLVED: 1. 2. shall be filled through a by-election as provided by law. 3. Council directs the clerk to forward a certified copy of this resolution to the th Municipal Electoral Officer by October 25, 2024, for a December 9, 2024, municipal by-election in Saint John. MOTION CARRIED. 2 COMMON COUNCIL / CONSEIL COMMUNAL October 24, 2024 / le 24 octobre 2024 18.Adjournment Moved by Councillor Lowe, seconded by Councillor Killen: RESOLVED that the meeting of Common Council held on October 24, 2024, be adjourned. MOTION CARRIED. The Mayor declared the meeting adjourned at 4:38 p.m. 3 COMMON COUNCIL / CONSEIL COMMUNAL October 28, 2024 / le 28 octobre 2024 MINUTES REGULAR MEETING COMMON COUNCIL OF THE CITY OF SAINT JOHN OCTOBER 28, 2024 AT 6:00 PM ND 2 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 Website (www.saintjohn.ca) or on Rogers TV Present: Mayor Donna Noade Reardon Deputy Mayor John MacKenzie Councillor-at-Large Gary Sullivan Councillor-at-Large Brent Harris Councillor Ward 1 Greg Norton Councillor Ward 1 Joanna Killen Councillor Ward 2 Barry Ogden Councillor Ward 3 Gerry Lowe Councillor Ward 4 Greg Stewart Councillor Ward 4 Paula Radwan Also Present: Chief Administrative Officer B. McGovern General Counsel M. Tompkins Chief Financial Officer K. Fudge Fire Chief R. Nichol Commissioner Utilities & Infrastructure Services I. Fogan Director Human Resources D. McQuade-Clark Commissioner Growth & Community Services A. Poffenroth Director External Relations L. Caissie City Clerk J. Taylor Administrative Assistant K. Tibbits 1. Call to Order 1 COMMON COUNCIL / CONSEIL COMMUNAL October 28, 2024 / le 28 octobre 2024 1.1 Land Acknowledgement Councillor Stewart read aloud the Land Acknowledgement and called for a moment of reflection. the Wolastoqiyik/Maliseet.The Wolastoqiyik/Maliseet along with their Indigenous Neighbours, and Friendship Treaties with the British Crown in the 1700s that protected their rights to lands and r 1.2 National Anthem The Saint John Symphony Youth Orchestra performed O Canada by video. 2. Approval of Minutes 2.1 Minutes of October 15, 2024 Moved by Deputy Mayor MacKenzie, seconded by Councillor Stewart: RESOLVED that the minutes of October 15, 2024 be approved. MOTION CARRIED. 3. Approval of Agenda Moved by Deputy Mayor MacKenzie, seconded by Councillor Radwan: RESOLVED that the agenda for October 28, 2024 be approved with the withdrawal of Item 8.1 Saint John Community Arts Board presentation; the addition of Items 17.1 Compressed Work Week Trial; 17.2 Land Exchange Agreement with Timothy and Donna Collins of Upper Loch Lomond Changes to Land Exchange Agreement; 17.3 Legal Proceeding against BGC Engineering Inc. et al (West Wells); 17.4 Initiate the Right of First Refusal and Negotiate Agreement of Purchase and Sale for 75 Smythe Street (PID 55024251); 17.5 Early Access Agreement Retail Drive Realignment Project; and 17.6 Recommended Appointment to Committees. MOTION CARRIED. 4. Disclosures of Conflict of Interest Councillors Stewart and Radwan declared a conflict of interest with Item 17.5 Early Access Agreement Retail Drive Realignment Project. 5. Consent Agenda 5.1 RESOLVED that as recommended in the submitted report Subdivision 35 Water Street Fundy Quay (PIDs 55235113 and 55235105), Common Council: 1. Assent to the vesting of Land for Public Purposes shown on the tentative plan of subdivision; and 2. Assent to all necessary Local Government Services Easements to be determined during detailed design. 2 COMMON COUNCIL / CONSEIL COMMUNAL October 28, 2024 / le 28 octobre 2024 5.2 RESOLVED that the submitted infographic 2024 Summer Recreation Impact Report be received for information. 5.3 RESOLVED that as recommended in the submitted report M&C 2024-285: Dog Control Service Agreement Contract Renewal Common Council authorize the Mayor and City Clerk to execute the submitted Agreement between the City of Saint John and Saint John Shelter Ltd. (doing business as Saint John SPCA Animal Rescue). 5.4 RESOLVED that as recommended in the submitted report M&C 2024-284: Mutual 2 Common Council enter into the Mutual Aid Memorandum of Understanding between the Royal Association of Clerk be authorized to execute the necessary contract documents. Moved by Deputy Mayor MacKenzie, seconded by Councillor Sullivan: RESOLVED that the recommendation set out in each consent agenda item respectively, be adopted. MOTION CARRIED UNANIMOUSLY. 6. Members Comments Members commented on various local events. 7. Proclamation 8. Delegations / Presentations 8.1 Saint John Community Arts Board Withdrawn. 8.2 Envision Saint John Andrew Beckett, CEO Envision Saint John, reviewed the submitted presentation entitled " and responded to questions from Council. Moved by Councillor Norton, seconded by Councillor Sullivan: MOTION CARRIED. 9. Public Hearings 6:30 p.m. 10. Consideration of By-Laws 10.1 Proposed Municipal Plan Amendment 0 Alloy Drive (30 Day Letter) Moved by Councillor Harris, seconded by Councillor Radwan: 3 COMMON COUNCIL / CONSEIL COMMUNAL October 28, 2024 / le 28 octobre 2024 RESOLVED that the proposed Municipal Plan By-Law Amendment regarding 0 Alloy Drive be referred to the Planning Advisory Committee for a report and recommendation and the necessary advertising be authorized with a Public Hearing to be held on Monday, th December 9, 2024 at 6:30 p.m. in the Common Council Chamber. MOTION CARRIED. 10.2 Public Presentation Proposed Municipal Plan Amendment Sunnyside Avenue Commissioner Poffenroth stated that this application is for multiple sites on Sunnyside Avenue and 288 and 304 Westmorland Road. Any submissions received from the public will come back to Council following the close of the 30-day public review period for consideration before moving forward in the process. The proposed amendment to the Municipal Development Plan would redesignate on Schedule A of the Municipal Development Plan land having an approximate area of 4.67 hectares from Park and Natural Area, to Stable Area; and redesignate on Schedule B of the Municipal Development Plan land having an approximate area of 4.67 hectares from Park and Natural Area to Stable Residential to develop an affordable mini-home park. 10.3 Public Presentation Proposed Municipal Plan Amendment 0 Bayside Drive Commissioner Poffenroth gave a public presentation for a proposed amendment to the Municipal Development Plan which would redesignate on Schedule A of the Municipal Development Plan, land having an approximate area of 34.5 hectares, located on Bayside Drive, also identified as a part of PID 55228134, from Rural Resource Area to Stable Area; and redesignate on Schedule B of the Municipal Development Plan, land having an approximate area of 34.5 hectares, located on Bayside Drive, also identified as a part of PID 55228134, from Rural Resource to Rural Residential to allow for the construction of a privately serviced small neighbourhood development. 11. Submissions by Council Members 12. Business Matters Municipal Officers 12.1 Traffic Calming Slowing More Vehicles Towards Safer Saint John Roads entitled "Traffic Calming Slowing Moved by Deputy Mayor MacKenzie, seconded by Councillor Stewart: RESOLVED that as recommended in the submitted report M&C 2024-282: Traffic Calming Slowing More Vehicles Towards Safer Saint John Roads, Common Council: 1. Authorize that $200,000 from the 2025 General Fund Capital Reserve be permitted to be spent on traffic calming measures as detailed in M&C 2024- 282; 2. Authorize $250,000 from the Sidewalk Improvement Project within the 2024 General Fund Capital Program be redirected to investment in traffic calming measures as detailed in M&C 2024-282; and 4 COMMON COUNCIL / CONSEIL COMMUNAL October 28, 2024 / le 28 octobre 2024 3. Authorize the Mayor to send a letter to Province of New Brunswick requesting that at least 50% of revenues, collected from Motor Vehicle Act fines issued by municipally funded enforcement resources be provided to the municipality from which the fine was issued, including from the adoption of, or amendments to, Image-Capturing Enforcement legislation and associated regulations, for the sole purpose of funding road safety initiatives as detailed in M&C 2024-282. MOTION CARRIED. 13. Committee Reports 13.1 Growth Committee: Housing Accelerator Fund (HAF) Grant Program Deputy Mayor MacKenzie noted that the Housing Accelerator Fund (HAF) Grant program has been endorsed by the Growth Committee. Housing Manager, A. Reid, reviewed the submitted presentation Housing Moved by Deputy Mayor MacKenzie, seconded by Councillor Sullivan: RESOLVED that as recommended by the Growth Committee in the submitted report M&C 2024-281: Housing Accelerator Fund (HAF) Grant Program, Common Council adopt the Housing Accelerator Fund (HAF) Grant Program Policy as generally presented to Council at their October 28th, 2024 meeting. MOTION CARRIED. Moved by Councillor Harris, seconded by Councillor Ogden: RESOLVED that the CAO be directed to review and report back to Council on the concept of allowing progress payments to be made to successful applicants under the Housing Accelerator Fund Grant Program. MOTION CARRIED. 13.2 Finance Committee: 2025 Draft General and Utility Fund Capital Budgets Councillor Sullivan stated that the Finance Committee is recommending over $54M in combined General Fund and Utility Fund investments in the community for 2025. Of the $54M over $24M of that investment is sourced from contributions from other levels of Government. Moved by Councillor Sullivan, seconded by Councillor Radwan: RESOLVED that as recommended by the Finance Committee in the submitted report M&C 2024-287: 2025 Draft General and Utility Fund Capital Budgets, Common Council approve the following: Approve the 2025 General Fund Capital Budget for $39,942,363 with a City Share of $21,140,000 and an Other Share of $18,802,363; and, 5 COMMON COUNCIL / CONSEIL COMMUNAL October 28, 2024 / le 28 octobre 2024 Approve the 2025 Utility Fund Capital Budget for $14,067,165 with a Utility Share of $8,343,000 and an Other Share of $5,724,165. MOTION CARRIED. 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 15.1 R&L Paxton: Installation of Stop Light Cameras and Radar (Recommendation: Refer to Public Safety Committee) Moved by Councillor Stewart, seconded by Councillor Sullivan: RESOLVED that the correspondence from R&L Paxton regarding the Installation of Stop Light Cameras and Radar be referred to the Public Safety Committee. MOTION CARRIED. 16. Supplemental Agenda 17. Committee of the Whole 17.1 Compressed Work Week Trial Moved by Deputy Mayor MacKenzie, seconded by Councillor Sullivan: RESOLVED that as recommended by the Committee of the Whole, having met on October 15, 2024, Common Council authorize the CAO to design and implement a Flexible Time Options Program that will include a compressed work schedule option for some employee grou access to service centres, with the exception of proclaimed holidays, concluding the current Compressed Work Week Trial by January 3, 2025. The new Flexible Time Options Program will be effective as of January 6, 2025. MOTION CARRIED. 17.2 Land Exchange Agreement with Timothy and Donna Collins of Upper Loch Lomond Changes to Land Exchange Agreement Moved by Councillor Stewart, seconded by Councillor Harris: RESOLVED that as recommended by the Committee of the Whole, having met on October th 28, 2024 the City enter into an Amended and Restated Land Exchange Agreement generally in the form as presented to Committee of the Whole at its meeting held October 28, 2024 with Timothy and Donna Collins, and further that the Mayor and City Clerk be authorized to execute the agreement and any other documents necessary to effect the transaction. MOTION CARRIED. 17.3 Legal Proceeding against BGC Engineering Inc. et al (West Wells) Moved by Councillor Harris, seconded by Deputy Mayor MacKenzie: 6 COMMON COUNCIL / CONSEIL COMMUNAL October 28, 2024 / le 28 octobre 2024 RESOLVED that as recommended by the Committee of the Whole, having met on October th 28, 2024 the City settle its claim against Ken Howard in the West Wells litigation on the terms and conditions outlined to Committee of the Whole at its meeting held October 28, 2024, and that the Mayor and Clerk be authorized to execute any documents necessary to effect the settlement. MOTION CARRIED. 17.4 Initiate the Right of First Refusal and Negotiate Agreement of Purchase and Sale for 75 Smythe Street (PID 55024251) Moved by Councillor Harris, seconded by Councillor Sullivan: RESOLVED that as recommended by the Committee of the Whole, having met on October th 28, 2024 Common Council approve the following: 1. That the City agree to sell the parcel of land at 75 Smythe Street (PID 55024251) on the terms and conditions as outlined to Committee of the Whole at its meeting held October 28, 2024; and 2. That the City issue to the Hardman Group Limited written notice setting out the terms and conditions as presented to Committee of the Whole at its meeting held October 28, 2024 , upon which the City is prepared to sell its interest in the parcel of land at 75 Smythe Street (PID 55024251) in accordance with section 27 of the Lease between the City and the Hardman Group Limited dated January 1, 1982. MOTION CARRIED. Having declared a conflict of interest, both Councillor Stewart and Councillor Radwan withdrew from the meeting. 17.5 Early Access Agreement Retail Drive Realignment Project Moved by Councillor Sullivan, seconded by Councillor Norton: RESOLVED that as recommended by the Committee of the Whole, having met on October th 28, 2024 the City enter into an Early Access Agreement with Clear View Homes Ltd., East Point Inc., Multi-Line Leasing Inc., and Trinity Services Inc., generally in the form as presented to Committee of the Whole at its meeting held October 28, 2024, and to begin construction work for the Retail Drive Realignment Project in advance of the City acquiring title to certain parcels of land; and that the Mayor and Clerk be authorized to execute the said Early Access Agreement and any other documents ancillary thereto. MOTION CARRIED. Councillors Stewart and Radwan reentered the meeting. 17.6 Recommended Appointments to Committees Moved by Councillor Ogden, seconded by Deputy Mayor MacKenzie: RESOLVED that as recommended by the Committee of the Whole, having met on October th 28, 2024, the following appointments to committees be made: 7 COMMON COUNCIL / CONSEIL COMMUNAL October 28, 2024 / le 28 octobre 2024 Public Safety Committee: to appoint Councillor Greg Norton as Chair of the Public Safety Committee, replacing David Hickey, from October 28, 2024 to the end of his current term on Council. Finance Committee: to appoint Councillor Greg Stewart, replacing David Hickey, from October 28, 2024 to the end of his current term on Council. MOTION CARRIED. 18. Adjournment Moved by Councillor Lowe, seconded by Deputy Mayor MacKenzie: RESOLVED that the meeting of Common Council held on October 28, 2024, be adjourned. MOTION CARRIED. The Mayor declared the meeting adjourned at 8:45 p.m. 8 - 2 - - 3 - 2. - 2 - - 3 - - 4 - . - 2 - - 2 - - 3 - AGREEMENT 2024-092210P Financial Audit Services Saint John, NB AGREEMENT This Agreement made in duplicate copies this ____ day of ___________, 2024. BETWEEN: THE CITY OF SAINT JOHN, having its City Hall at 15 Market Square, Saint John, New Brunswick, a body corporate by Royal Charter, confirmed and amended by Acts of the Legislative Assembly of the Province of New Brunswick, OF THE FIRST PART and Deloitte LLP, OF THE SECOND PART WHEREAS the City issued Request for Proposal 2024-092210P for Financial Audit Services AND WHEREAS the Partnership submitted a technical proposal and a financial proposal, both dated October 16, 2024 in response to the Request for Proposal (collectively, and AND WHEREAS the Request for Proposal and the Proposal are attached hereto as Schedules and AND WHEREAS the Financial Proposal forms part of the Proposal, is attached hereto as and AND WHEREAS the Common Council at its meeting held on November 12, 2024 resolved that: <Pending Resolution> NOW THEREFORE THIS AGREEMENT WITNESSETH, that in consideration of the mutual covenants and agreements herein and subject to the terms and conditions set out in the Request for Proposal and the Proposal, the parties for themselves, their successors and permitted assigns respectively, mutually agree as follows: 1. The Partnership shall perform the services and carry out the terms and conditions set out in the Request for Proposal and the Proposal. 2. The City shall pay the Partnership, in return for the services performed, fees as outlined in the financial proposal part of the Proposal, plus HST. Term 3. The terms of this Agreement is four years, commencing on XXX, and terminating at midnight on XXX. Renewal 4. (a) If the Partnership duly and regularly performs the services and observes the terms, conditions and covenants herein contained and on its part to be kept, performed and fulfilled, the City may not later than three (3) months before the expiration of the term hereof, offer to the Partnership a Renewal Agreement for a period of one year commencing XXX and ending XXX subject to the same terms, conditions, and covenants as are herein contained and such offer shall be in writing addressed and mailed post pre- th paid and registered to the Partnership at Brunswick House, 44 Chipman Hill, 7 Floor, P.O. Box 6549, Saint John, NB E2L 4R9. (b) The City, in like circumstances, may offer to the Partnership in writing one further renewal for a term of one year commencing XXX and ending XXX subject to the same terms, conditions and covenants as are herein contained, except that the last renewal shall not contain covenant or privilege for renewal of the within Agreement for a further term. Termination 5. The City may immediately terminate this Agreement upon giving notice to the Partnership where: a. The Partnership makes an assignment for the benefit of its creditors, is declared bankrupt or commits an act of bankruptcy, becomes insolvent, makes a proposal or otherwise takes advantage of provisions for relief under the Bankruptcy and Insolvency Act (Canada)or similar legislation in any jurisdiction, or any other type of insolvency proceedings being commenced by or against the Partnership under the Bankruptcy and Insolvency Act (Canada) or similar legislation; b. The Partnership breaches any of the terms or conditions of the within Agreement; c. Partnership, prior to or after executing this Agreement, makes a material misrepresentation or omission or provides materially inaccurate information to the City; d. The Partnership undergoes a change of control which, in the reasonable opinion of the City, adversely affects the Partnership obligation under the within Agreement; e. The Partnership subcontracts for the provision of part or all of the services without first obtaining the written approval of the City. The above rights of termination are in addition to all other rights of termination available at law, or events of termination by operation of law. Performance 6. Both parties agree to do everything necessary to ensure that the terms of this Agreement take effect. Non-Performance 7. The failure on the part of either party to exercise or enforce any right conferred upon it under this Agreement shall not be deemed to be a waiver of any such right or operate to bar the exercise or enforcement thereof at any time or times thereafter. Indemnification 8. The Partnership hereby agrees to indemnify and hold harmless the Indemnified Parties from and against any and all liability, loss, costs, damages and expenses (including legal, expert and consultant fees), causes of action, actions, claims, demands, lawsuits or other er made, sustained, brought or prosecuted, for third party bodily injury (including death), personal injury and damage to real or tangible personal property, in any way based upon, occasioned by or attributable to anything done or omitted to be done by the Partnership, its subcontractors or their respective directors, officers, agents, employees or independent contractors in the course of performance of the obligations contained in this paragraph shall survive the termination or expiry of this Agreement. Remedies 9. Upon default by either party under any terms of this Agreement, and at any time after the default, either party shall have all rights and remedies provided by law and by this Agreement. 10. No delay or omission by either party in exercising any right or remedy shall operate as a waiver of them or of any other right or remedy, and no single or partial exercise of a right or remedy shall preclude any other or further exercise of them or the exercise of any other right or remedy. Furthermore, either party may remedy any default by the other party in any reasonable manner without waiving the default remedied and without waiving any other prior or subsequent default by the defaulting party. All rights and remedies of each party granted or recognized in this Agreement are cumulative and may be exercised at any time and from time to time independently or in combination. Mediation 11. All disputes arising out or in connection with this Agreement, or in respect of any legal relationship associated with or derived from this Agreement, shall be mediated pursuant to the National Mediation Rules of the ADR Institute of Canada, Inc. Despite this Agreement to mediate, a party may apply to a court of competent jurisdiction or other competent authority for interim measures of protection at any time. The place of mediation shall be the City of Saint John and Province of New Brunswick. Force Majeure 12. It is agreed between the parties that neither party shall be held responsible for damages caused by delay or failure to perform his undertakings under the terms of the Agreement when the delay or failure is due to fires, strikes, floods, acts of God, lawful acts of public authorities, or delays or defaults caused by common carriers, which cannot be reasonably foreseen or provided against. No Assignment 13. This Agreement is not assignable. Any attempt to assign any of the rights, duties or obligations of this Agreement is void. Time 14. This Agreement shall not be enforced, or bind any of the parties, until executed by all the parties named in it. Notices 15. Any notice under this Agreement shall be sufficiently given by personal delivery or by registered letter, postage prepaid, mailed in a Canadian post office and prepaid courier, addressed, in the case of notice to the City of Saint John, to the Common Clerk, 15 Market Square, P. O. Box 1971, Saint John, New Brunswick, E2L 4L1 and in the case of notice to th the Partnership to Brunswick House, 44 Chipman Hill, 7 Floor, P.O. Box 6549, Saint John, NB E2L 4R9, or to any other address as may be designated in writing by the parties, and the date of receipt of any notice by mailing shall be deemed conclusively to be 5 days after the mailing. Amendments 16. No change or modification of this Agreement shall be valid unless it is in writing and signed by each party. Acknowledgment of Terms and of Entirety 17. It is agreed that this written instrument embodies the entire agreement of the parties with regard to the matters dealt within it, and that no understandings or agreements, verbal or otherwise, exist between the parties except as expressly set out in this instrument. Further Documents 18. The parties agree that each of them shall, upon reasonable request of the other, do or cause to be done all further lawful acts, deeds and assurances whatever for the better performance of the terms and conditions of this Agreement. Validity and Interpretation 19. Descriptive headings are inserted solely for convenience of reference, do not form part of this Agreement, and are not to be used as an aid in the interpretation of this Agreement. 20. It is intended that all provisions of this Agreement shall be fully binding and effective between the parties, but in the event that any particular provision or provisions or part of one is found to be void, voidable or unenforceable for any reason whatsoever, then the particular provision or provisions or part of the provision shall be deemed severed from the remainder of this Agreement and all other provisions shall remain in full force. Governing Law 21. This Agreement shall be governed by and construed in accordance with the laws of the Province of New Brunswick. Successors, Assigns 22. This Agreement shall enure to the benefit of and be binding on the respective successors and permitted assigns of each of the parties. Independent Legal Advice 23. The parties each acknowledge having obtained their own independent legal advice with respect to the terms of this Agreement prior to its execution. Acknowledgment of Receipt of Copy 24. Each party acknowledges receipt of a true copy of this Agreement. IN WITNESS WHEREOF the parties have affixed their respective corporate seals, attested by the hands of their respective officers duly authorized in that behalf on the day aforementioned. ) SIGNED, SEALED & DELIVERED THE CITY OF SAINT JOHN In the presence of: ) per ) ) ) Mayor ) ) ) Assistant Common Clerk ) ) Common Council Resolution: ) _____________________________________ ) ) Deloitte LLP ) Per: ) ) Partner - 2 - - 3 - - 2 - - 3 - - 2 - - 3 - - 4 - \[ External Email Alert\] **Please note that this message is from an external sender. If it appears to be sent from a Saint John employee, please forward the email to spamsample@saintjohn.ca or contact the IT Service Desk.** Submitted on Tue, 11/05/2024 - 11:05 Submitted by: Anonymous Submitted values are: About Person/Group Presenting First Name: Laura Last Name: Oland Name of Organization/Group (where applicable): Saint John Community Arts Board Address: Saint John / New Brunswick, New Brunswick. E2L 1L7 Canada Day Time Phone Number: Email If you do NOT wish to have your personal information (address, phone number, email) become part of the public record, please check this box. No About your Request Topic of Presentation: Saint John Community Arts Board Purpose for Presentation (what is the ask of Council): - Presentation to council on updates and an overview of the arts board's activities over the last two years. - Content includes board members, celebrations committee, small grant committee, artist in residence, public art committee, governance committee, policy & strategic planning committee, professional development series, new acquisition to city art bank, and further board highlights. Background Information: - The Saint John Arts Board supports the development and growth of arts and culture in Saint John. Are you making a request for funding? No File Upload Saint John Community Arts Board Council Presentation 2024.pdf (3.17 MB) PROPOSED MUNICIPAL PLAN AMENDMENT RE: 221 Lancaster Avenue (part of PID 55146302), 251 Lancaster Avenue (PID 55146310) and 271 Lancaster Avenue (PID 55146328) Public Notice is hereby given that the Common Council of The City of Saint John intends to consider an amendment to the Municipal Development Plan that would: 1. Redesignate on Schedule A of the Municipal Development Plan land having an approximate area of 3.18 hectares identified as PIDs 55146328, 55146310 and a portion of PID 55146302, from Park and Natural Area, to Stable Area, as illustrated below; 2. Redesignate on Schedule B of the Municipal Development Plan land having an approximate area of 3.18 hectares identified PIDs 55146328, 55146310 and a portion of PID 55146302, from Park and Natural Area, to Stable Commercial, as illustrated below; REASON FOR CHANGE: To develop a commercial parking lot to support maintenance and construction activities at an area industrial facility. A public presentation of the proposed amendment will take place at a regular meeting of Common Council, to be held in the Council Chamber at City Hall on Tuesday, October 1, 2024. Written objections to the proposed amendment may be made to the Council, in care of the undersigned, by Thursday, October 31, 2024. Enquiries may be made at the office of the City Clerk or Growth & Community Services, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 6:00 p.m., Monday through Thursday, inclusive, holidays excepted. Jonathan Taylor, City Clerk (506) 658-2862 or commonclerk@saintjohn.ca PROJET DE MODIFICATION DU PLAN MUNICIPAL OBJET : 221 avenue Lancaster (une partie du NID 55146302), 251 avenue Lancaster (NID 55146310), et 271 avenue Lancaster (NID 55146328) Par les présentes, un avis public est donné par lequel le conseil communal de ville de Saint aménagement municipal comme suit : 1. superficie de 3,18 hectares identifiés comme des NIDs 55146328, 55146310, et une partie du NID 55146302, qui passera de Parc ou aire naturelle, à Secteur stable, comme illustré ci-dessous ; 2. la désignation superficie de 3,18 hectares identifiés comme des NIDs 55146328, 55146310, et une partie du NID 55146302, qui passera de Parc et aire naturelle, à Secteur commercial stable, comme illustré ci-dessous. RAISON DE LA MODIFICATION: Afin de construire un stationnement commercial pour soutenir les activités d'entretien et de construction dans une installation industrielle de la région. mardi 1 octobre 2024. Les objections écrites à la modification proposée peuvent être présentées au Conseil, jeudi 31 octobre 2024. Les demandes de renseignements peuvent être présentées au Bureau du greffier municipal ou aux Services de croissance et de développement communautaire, Hôtel de ville, 15 carré Market, Saint John (N.-B.), entre 8 h 30 et 18 h 00, du lundi au jeudi, inclusivement, jours fériés exclus. Jonathan Taylor, greffier municipal (506) 658-2862 ou commonclerk@saintjohn.ca 05103544,05103560,05103578 211LancasterAvenue(WolastoqPark) J.D.IrvingLimitedc/oMichelleBoyerboyer.michelle@irvingforest.com(506)343-0301 408MillStreet,SaintJohn J.D.IrvingLimited ParkParkandParkingArea Arezoningisrequestedtofacilitatea500stallparkinglotontheeasternsideofWolastoqPark. TheparkinglotwillsupporttheongoingNextGenprojectattheadjacentIrvingPulp&Papersite. Aspecialzoneisrequestedtoensuretheparkinglotcanbedesignedandmaintainedtoapark standardinkeepingwithWolastoqPark.Pleaseseeattachedforsitefiguresandjustification report.AsubdivisionapplicationisalsosubmittedtoconsolidatethePIDsintotwoparcels,onefor theproposedparkingareaandoneforWolastoqPark. General Collection Statement This information is being collected in order for the City of Saint John to deliver an existing program / service; the collection is limited to that which is necessary to deliver the program / service. Unless required to do so by law, the City of Saint John will not share your personal information with any third party without your express consent. Michelle Boyer The legal authority for collecting this information is to be found in the Municipalities Act and the Right to Information and Protection of Privacy Act. For further information or questions regarding the collection of personal information, please contact the Access & Privacy Officer: CityHallBuilding 15Market Square Saint John, NB E2L 1E8 August27,2024 commonclerk@saintjohn.ca (506) 658-2862 \[ External Email Alert\] **Please note that this message is from an external sender. If it appears to be sent from a Saint John employee, please forward the email to spamsample@saintjohn.ca or contact the IT Service Desk.** Submitted on Mon, 11/04/2024 - 18:25 Submitted by: Anonymous Submitted values are: About Person/Group Submitting First name Paula Last name Radwan Name of organization/group (where applicable) None Mailing Address Telephone 5069773846 Email paula.radwan@saintjohn.ca If you do not wish to have your personal information (address, phone number, email) become part of the public record, please check this box. Yes About your Submission Topic of submission Proclamation for International day of Person's with Disabilities which is on December.3rd. Purpose for submission (what is the ask of council): To request Mayor Reardon to read the proclamation at Council. Executive summary Written by Daphne Enns and myself with input given by Shane Bouzanne and Karen Powell. Document Uploads Proclamation for International Day for Persons with Disabilities.docx (14.73 KB) Proclamation for International Day of Persons with Disabilities Whereas in 1992 The United Nations General Assembly declared every December 3rd leadership of and Whereas Persons with disabilities are the largest minority group in the world with over 1 billion people living with some form of disability, and Whereas currently in New Brunswick approximately 35.3% of people have one or more disability, and Whereas we recognize that Persons with Disabilities historically faced many types of discrimination and abuse, most notably in Nazi Germany where 200,000 people with disabilities were exterminated, and Whereas, in Canada eugenic practices including sterilization and euthanasia also occurred, and Whereas People with Disabilities experienced segregated education, sheltered workshops and institutionalization in Canada, with British Columbia, in 1996 becoming the first province to close down its large institutions warehousing people with intellectual disabilities. And while many provinces have since followed suit, as of 2020 Canadians with intellectual disabilities in Manitoba, Alberta and Nova Sco and Whereas in 2010 Canada ratified the UN Convention on the rights of persons with disabilities, exclusion and lack of access people with disabilities have encountered in Canada and in all and Whereas Persons with Disabilities continue to experience exclusion and stigma all to often. Dangerous ableist messages suggesting that a life with disability cannot be a good life persist in our cultural narratives and popular culture, illustrated most recently during the COVID-19 epidemic when people with disabilities were often refused life-saving treatment, over people without disabilities, and Whereas in 2017, Canadians with disabilities aged 25 to 64 had a radically lower level of employment (59 percent) than those without disabilities (80 percent), as well as higher rates of food insecurity, extreme poverty, shortage of affordable and accessible housing, as well as higher rates of isolation, Whereas disability intersects all other identities: age, race, ethnicity, religion, gender, sexual orientation and socioeconomic status, and is a natural part of the human condition that can happen to anyone at any time, and Whereas this day is an opportunity to promote the human rights and well-being of Persons with Disabilities in all spheres of society going forward, and to increase awareness of the work still left to do, and Whereas today, as we celebrate the dignity, resilience, and immense contributions of Persons with Disabilities everywhere, we also recognize that continual work, education and awareness is needed, for equity of human rights and social conditions for Persons with Disabilities. I, hearby Donna Noade Reardon declare December.3, 2024, International Day of Persons with Disabilities in the City of Saint John.