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2023-10-16_Agenda Packet--Dossier de l'ordre du jour /źƷǤ ƚŅ {ğźƓƷ WƚŷƓ /ƚƒƒƚƓ /ƚǒƓĭźƌ aĻĻƷźƓŭ aƚƓķğǤͲ hĭƷƚĬĻƩ ЊЏͲ ЋЉЋЌ Committee of the Whole Њ͵ /ğƌƌ Ʒƚ hƩķĻƩ Si vous avez besoin des services en français pour une réunion de Conseil communal, veuillez contacter le bureau du greffier communal au 658-2862. Each of the following items, either in whole or in part, is able to be discussed in private pursuant to the provisions of subsection 68(1) of the Local Governance Act and Council / Committee will make a decision(s) in that respect in Open Session: Ɠķ ЎʹЉЉ Ʀ͵ƒ͵Ͳ Ћ CƌƚƚƩ .ƚğƩķƩƚƚƒͲ /źƷǤ Iğƌƌ 1.1 Approval of Minutes 68(1) 1.2 Land Matter 68(1)(d) 1.3 Financial Matter 68(1)(c) 1.4 Land Matter 68(1)(d) COMMON COUNCIL / CONSEIL COMMUNAL October 3, 2023 / le 3 octobre 2023 MINUTES REGULAR MEETING COMMON COUNCIL OF THE CITY OF SAINT JOHN TUESDAY OCTOBER 03, 2023 AT 6:00 PM MEETING CONDUCTED VIRTUALLY An Electronic means of communication will be used at this meeting. The public may 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 3 David Hickey Councillor Ward 4 Greg Stewart Councillor Ward 4 Paula Radwan 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 Administrative Assistant A. MacLean 1 COMMON COUNCIL / CONSEIL COMMUNAL October 3, 2023 / le 3 octobre 2023 1. Call to Order The Mayor called the virtual meeting to order. 1.1 Land Acknowledgement Councillor Sullivan 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 1.2 National Anthem The National Anthem was played by voice recording. 2. Approval of Minutes 2.1 Minutes of September 18, 2023 Moved by Councillor Sullivan, seconded by Councillor Stewart: RESOLVED that the minutes of September 18th, 2023 be approved. MOTION CARRIED. 3. Approval of Agenda Moved by Councillor Stewart, seconded by Councillor Hickey: RESOLVED that the agenda for October 3, 2023 be approved with the addition of the following items brought forward from Committee of the Whole: 17.1 CMHC Rapid Housing Initiative Contribution Agreement 17.2 Commercial Transaction - Legal Retainer 17.3 Code of Conduct Matter MOTION CARRIED with Councillor Harris voting nay. 4. Disclosures of Conflict of Interest Councillor J. Killen declared a conflict with item 17.3 Code of Conduct. CAO B. McGovern declared a Conflict of Interest with item 9.2 Public Hearing 1660 Manawagonish Road. 5. Consent Agenda 2 COMMON COUNCIL / CONSEIL COMMUNAL October 3, 2023 / le 3 octobre 2023 5.1 RESOLVED that Common Council schedule the public hearing for the Zoning By- law Section 59 amendment application submitted by 627036 NB Ltd. for 1250 Fairville Boulevard (PID: 00424523), the Zoning By-law rezoning application submitted by Joe Roberts for 91 Red Head Road (PID: 00344457) and the Zoning By-law Section 59 amendment application submitted by Michael Goldenberg for 1429 Loch Lomond Road (PID: 00312900) for Monday, December 11, 2023 at 6:30 p.m. at the Council Chamber, nd City Hall 2 floor, 15 Market Square, Saint John, 5.2 RESOLVED that as recommended in M&C 2023-221 P.R.O. Kids Policy Updates Common Council: Њ͵ Approve the amended Terms of Reference for the P.R.O. Kids Advisory Committee; and Ћ͵ Approve the amended P.R.O. Kids Special Purpose Fund. 5.3 RESOLVED that the City enter into Funding Agreements as attached to M&C No. 2023-213 Community Development Fund Agreement: Regional Facilities Upgrades (Carnegie/Arts Centre, TD-Station, Trade and Convention Center, Canada Games Aquatic Centre) with RDC for the purpose of obtaining funding through the Community Development Fund and that the Mayor and Clerk be authorized to execute the said Funding Agreements and any other documents ancillary thereto., for the following Projects Number: 1- Project No 16566: The City of Saint John- Carnegie Building Upgrades. 2- Project No 16576: The City of Saint John- TD-Station &TCC Upgrades. Ќ͵ Project No 16534: The City of Saint John- Canada Games Aquatic Centre Upgrades. 5.4 RESOLVED that as recommended in M&C 2023-223 Renewal of FortiNet Device Maintenance and Licenses that Common Council approve the purchase of FortiNet Device License and Maintenance from Bulletproof Solutions ULC (Bulletproof) at the standing offer price of $261,443.85 (plus HST). Moved by Deputy Mayor MacKenzie, seconded by Councillor Hickey: RESOLVED that the recommendation set out in each consent item respectively be adopted. MOTION CARRIED UNANIMOUSLY. 6. Members Comments Members commented on various local events. 7. Proclamation 7.1 Green Sports Day- October 6, 2023 3 COMMON COUNCIL / CONSEIL COMMUNAL October 3, 2023 / le 3 octobre 2023 th Mayor Donna Noade Reardon proclaimed Friday, October 6, 2023 as Green Sports Day in The City of Saint John. 8. Delegations / Presentations 9. Public Hearings 6:30 p.m. 9.1 Repeal of Previous s. 59 conditions 1260 Fairville Boulevard Acting Commissioner Growth and Community Development A. Poffenroth introduced the proposed amendment of previous Section 59 conditions imposed on the November 6, 1978 rezoning of the property located at 1260 Fairville Blvd, also identified as PID 00402933, 00402925, 00402941, 00397299, 55176879 to permit further development of self-storage facilities. Senior Planner Jennifer Kirchner reviewed the submitted presentation and recommendation. Mayor Noade Reardon called the Public Hearing to order. The Mayor called for members of the public to speak against the proposed amendment with the no one presenting. The Mayor called for members of the public to speak in favour of the proposed amendment with the following presenting: Jacob Kilpatrick Civil Engineering Consultant for the project. Mayor Noade Reardon closed the Public Hearing. Moved by Councillor Lowe, seconded by Councillor Sullivan: RESOLVED that Common Council rescind the conditions imposed on the November 6, 1978 rezoning of the property located at 1260 Fairville Boulevard, also identified as PIDs 00402933, 00402925, 00402941, 00397299, and 55176879. MOTION CARRIED. Having declared a conflict-of-interest CAO McGovern withdrew from the meeting. 9.2 Rescind previous section 39/59 Conditions, Imposing new Section 59 conditions - 1660 Manawagonish Road Acting Commissioner Growth and Community Development A. Poffenroth introduced the proposed amendment of previous Section 39 conditions imposed on a parcel of land on the March 20, 1991, rezoning 1660 Manawagonish Road, also identified as PID numbers 00402727 and 55076335, and approval of new Section 59 conditions to permit the development of a ball hockey recreation facility. Senior Planner Mark Reade reviewed the submitted staff presentation and recommendation. Mayor Noade Reardon called the Public Hearing to order. 4 COMMON COUNCIL / CONSEIL COMMUNAL October 3, 2023 / le 3 octobre 2023 The Mayor called for members of the public to speak against the proposed amendment with the following presenting. Richard Tingley, resident 1675 Manawagonish Road, stating the construction of an arena with bar will be less attractive to a quiet residential character of the neighbourhood and decrease in property value. Denise Johnston, resident Coronation Avenue, Island View Heights stating the proposal for a ball hockey arena and bar is not in character with the residential neighbourhood. A petition with 96 signatures in opposition was presented. Mona Malik member Island View Heights Committee, safety concerns, sound impacts of the outdoor ball arena with sound system near the Cemetery, no real public consultation conducted, negative impacts for accessibility and inclusivity, traffic, and parking concerns. Assurances made at the PAC meeting with no real details for sound mitigation, traffic, parking. Rainia Malick resident 64 Island View Drive stating her father the previous owner of the land sold it for residential purposes. Ball hockey arena is not in character with the neighbourhood, there is no infrastructure such as a bus service or sidewalks. The developer has other facilities in other cities located in light industrial areas. The hours of operation are subject to extension for shoot-outs and tournaments. Steven Byers, resident of Island View presenting, stating there are other areas in the City that fit the purpose. These properties have been located by a realtor. The applicant Mr. B said during the public consultation he would look at other locations in the City. Alex Weaver Crawford, chair PAC stating safety, operational hours, noise, parking, liquor license, were raised as concerns during the PAC meeting. Karen Guenette, resident 168 Manawagonish Road presenting, stating safety risks, traffic concerns, lack of adequate parking space. The area is residential with active cycling, walking. There was no traffic impact study. The facility should be located in a light industrial area. The Mayor called for members of the public to speak in favour of the proposed amendment with the following presenting: Renaud Barrière applicant and owner - operates a facility with 4 outdoor rinks in Joliette Quebec. The Joliette facility was rented in a residential area for several years but moved to light industrial location to acquire land ownership. The ball hockey teams are small - 7 members. The sports centre liquor designation operates within the hours of operation of ball hockey hours. The schedule will not conflict with the cemetery burials. The parking includes handicapped. The building location mitigates sound with a wall of noise measure. Mike Boyle co-owner of the land with Gordon Breau. Their original plan to develop garden homes was too expensive for them to proceed. They are leasing the land to the Applicant. Dusk to dawn lights will be installed. The applicant wants to develop a flagship facility at a cost $2 - $3 million. 5 COMMON COUNCIL / CONSEIL COMMUNAL October 3, 2023 / le 3 octobre 2023 Sara Hayward President NB Ball Hockey Association a not-for-profit organization presenting stating the city currently has national calibre teams, and the facility provides the potential for sports-related tourism and hosting of events. Responding to question, on the existing outdoor ball hockey arena at Harbor Station development and use. Brad McHugh a ball hockey player and enthusiast presenting about the opportunity for youth sports. Sam Burpee resident of Nerepis and ball hockey player and enthusiast stating the opportunity to grow the sport. Gary Crossman President Saint John Metro Ball Hockey League and VP of the New Brunswick NB Ball Hockey Association presenting - stating the opportunity for the youth programme. The liquor license for the sports facility is not a bar license. Similar to the LBR facility, tailgating will not be permitted by the sport event organiser. Bill McNeill a ball hockey player, referee and coach presenting. The talent in the City is growing nationally and this is an opportunity for ball hockey talent development. Moved by Councillor Hickey, seconded by Councillor Stewart: Resolved that the meeting recess for a short break. MOTION CARRIED. The Mayor called a recess for 5 minutes was called at 8:55 pm Moved by Councillor Sullivan, seconded by Councillor Stewart: RESOLVED that the meeting reconvene. MOTION CARRIED. The Mayor reconvened the meeting at 9:00 p.m. Mayor Noade Reardon closed the Public Hearing. Senior Planner Mark Reade responded to questions from Council stating the City does not have a lot of surplus land that suits the request for the application. 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 the conditions imposed on the March 11, 1991, rezoning, for the parcel of land having an area of approximately 8,498 square metres, located at 1660 Manawagonish Road, also identified as PID Numbers 55076335 and 00402727. MOTION CARRIED with Councillor Lowe voting nay. Moved by Councillor Sullivan, seconded by Councillor Stewart: RESOLVED that Common Council, pursuant to the provisions of Section 59 of the Community Planning Act, impose the following conditions on the parcel of land having 6 COMMON COUNCIL / CONSEIL COMMUNAL October 3, 2023 / le 3 octobre 2023 an area of approximately 8,498 square metres, located at 1660 Manawagonish Road, also identified as portions of PID Numbers 55076335 and 00402727: a. The development and use of the parcel of land be in accordance with detailed building elevation and site plans, prepared by the proponent and subject to the approval of the Development Officer, illustrating the design and location of buildings and structures, garbage enclosures, outdoor storage, driveway accesses, vehicle and bicycle parking, loading areas, landscaping, amenity spaces, signs, exterior lighting, and other such site features including front, side, and back yard landscaping in conformance with the Zoning By-Law. b. That a detailed landscaping plan be prepared by the developer and submitted with the Building Permit application for the approval of the Development Officer. This plan must detail the following: i. Retention of existing trees on the property along the boundaries of the site. ii. Additional screening measures along the northern (rear) and western property lines of the site comprised of fencing or plantings or a combination of both along these two boundaries. iii. Front yard landscaping conforming to the commercial zone requirement of a tree or shrub per 45 square metres of required front yard provided 50% of the plantings are trees. c. That the operation of a liquor licensed facility within the proposed development: i. be limited to the operating hours of the ball-hockey facility; and ii. that consumption of alcohol be restricted to the interior of the building. d. That an illumination plan be prepared by the proponent and submitted for the approval of the Development Officer, detailing the lighting for the proposed development. The illumination plan must demonstrate that there be no light spillover onto adjacent properties from illumination of the outdoor ball-hockey court. e. That any lighting associated with the outdoor ball-hockey surface be limited to f. That the proponent, at their sole expense, engage a qualified engineering firm selected jointly by the City and proponent, to conduct a post construction sound monitoring study once the facility is operational and determine if sound mitigation measures are warranted. Should mitigation measures be warranted based on the study, that these measures be the Development Officer, along the northeastern property boundary from the northeastern building corner to the northeastern corner of the property adjacent to PID 00397208. g. That the proposed development incorporates pedestrian connections between the building and the parking lot, and between the building and the public sidewalk located on Manawagonish Road. h. That should the proposed ball hockey facility incorporate two driveway accesses from Manawagonish Road as shown on the site plan, that directional signage be installed, to establish the traffic flow allowed at each of the accesses, one being an entrance and the other an exit. This condition only applies to the operation of the site as a ball hockey facility. i. Any modifications to the site accesses be constructed by the proponent at their expense and that the applicable City permits and approvals be obtained for this work. 7 COMMON COUNCIL / CONSEIL COMMUNAL October 3, 2023 / le 3 octobre 2023 j. The attached elevation and site plans be attached to the permit application for the development of the parcel of land. k. That the parcel of land be developed and maintained in accordance with an engineering storm water drainage plan and design report, prepared by a professional engineer on behalf of the proponent and subject to the approval of the Chief City Engineer, and that such approved plan and report be attached to any development and/or building permit for the proposed development; and l. Should any municipal infrastructure improvements be required to service this proposal, it will be the full responsibility and cost to complete of the proponent. Prior to determining the requirement for any municipal infrastructure improvements, detailed engineering plans and a design brief must be submitted by the propo m. That vehicular access to the site from Clearview Row be prohibited MOTION CARRIED with Councillors Harris and Lowe voting nay. CAO McGovern re-entered the meeting. 10. Consideration of By-Laws 10.1 Traffic By-law Amendments - Sydney Street (Broadview Avenue to Vulcan Street) (3rd Reading) (Report and Attachments to Follow) Referring to the submitted M&C 2023-209 Traffiic By-law Amendments - Sydney Street (Broadview Avenue to Vulcan Street) Third Reading Commissioner Hugenholtz stnd advised the Traffic By-law Amendments received 1 and 2 reading November 14, 2022, all requirements are now satisfied, and the By-Law is ready for third reading. Moved by Councillor Ogden, seconded by Councillor Lowe: RESOLVED that the by--Law Number MV-10.1 A By-Law respecting the Traffic on Streets in the City of Saint John and amendments thereto amending Schedule -alternate side on- street parking on Sydney Street from Broadview Avenue to Vulcan Street and designate this section of Sydney Street as no parking anytime, and which will also allow for the extension of the Harbour Passage multi-use trail to be extended on Sydney Street from Broad Street to Tin Can Beach, be read in entirety. MOTION CARRIED. The by--Law Number MV-10.1 A By-Law to Amend a By-Law respecting its entirety. Moved by Councillor Norton, seconded by Councillor Stewart: RESOLVED that the by--Law Number MV-10.1 A By-Law to Amend a By- Law respecting the Traffic on Streets in The City of Saint John and amendments thereto amending Sc- remove alternate side on-street parking on Sydney Street from Broadview Avenue to Vulcan Street and designate this section of Sydney Street as no parking anytime, and 8 COMMON COUNCIL / CONSEIL COMMUNAL October 3, 2023 / le 3 octobre 2023 which will also allow for the extension of the Harbour Passage multi-use trail to be extended on Sydney Street from Broad Street to Tin Can Beach, be read a third time, enacted, and the Corporate Common Seal affixed thereto. MOTION CARRIED. Read a third time by title, the by--Law Number MV-10.1 A By-Law 11. Submissions by Council Members 12. Business Matters Municipal Officers 12.1 Chief Administrative Officer Update on Select Catalytic Projects and Advocacy CAO B. McGovern provided an update on 3 Catalytic Projects. Fundy Quay Market Slip Public Space - development is on schedule. The North End School (K-Grade 5) location - site has been selected at the former Crescent Valley school property 84 Rope Walk Road. Construction is scheduled to start in the spring 2024. Comprehensive Recreation Facility - the Regional Facilities Service Commission has a scope of work for a needs assessment to enable them to seek funding from other levels of government. Advocacy Affordable Housing projects Rapid Housing Initiative at Barrack Green is under development. Funding application for the Accelerator Fund is submitted. Moved by Councillor Ogden, seconded by Councillor Harris: RESOLVED that the Update on Select Catalytic Projects and Advocacy be received for information. MOTION CARRIED. 13. Committee Reports 13.1 Finance Committee: Common Council Input into 2024 General Operating Budget Councillor Sullivan, Chair of the Finance Committee, advised of the forthcoming 2024 budget presentation opportunity for input at next meeting of Council. Moved by Councillor Sullivan, seconded by Deputy Mayor MacKenzie: RESOLVED that the Finance Committee: Common Council Input into 2024 General Operating Budget be received for information. MOTION CARRIED. 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 9 COMMON COUNCIL / CONSEIL COMMUNAL October 3, 2023 / le 3 octobre 2023 15.1 Letter from D. Sherwood Regarding Homelessness (Recommendation to Direct Mayor to Forward Letter to Appropriate Provincial Department) Moved by Deputy Mayor MacKenzie, seconded by Councillor Hickey: RESOLVED that the Mayor be directed to forward the letter from D. Sherwood regarding homelessness to appropriate Provincial Departments. MOTION CARRIED. Moved by Councillor Harris, seconded by Councillor Sullivan: RESOLVED that in accordance with the Procedural By-Law the meeting be extended beyond 10:00 p.m. MOTION CARRIED. 16 Supplemental Agenda 17. Committee of the Whole 17.1 CMHC Rapid Housing Initiative Contribution Agreement Moved by Deputy Mayor MacKenzie, seconded by Councillor Norton: RESOLVED that the City waive conditions precedent 9.1(c) related to the cost overrun mitigation plan and 9.1(i) in the Contribution Agreement between the City and Kaleidoscope Social Impact Inc. dated September 13, 2023 and flow $900,000 in funding to Kaleidoscope upon all other conditions precedent having been met, as a partial payment of the first Milestone Payment defined in Schedule C to the said Agreement; and that the remainder of the said first Milestone Payment be paid when all the conditions precedent listed in section 9.1 have been met. MOTION CARRIED. 17.2 Commercial Transaction - Legal Retainer Moved by Councillor Norton, seconded by Councillor Stewart: RESOLVED that the City retain Torys LLP for expert services in a commercial transaction in accordance with the statement of work and estimate presented to Committee of the Whole at its meeting held Oct. 3, 2023 for the said transaction. Motion Carried with Councillor Harris voting nay. Having declared a conflict-of-interest Councillor Killen withdrew from the meeting. 17.3 Code of Conduct Matter Moved by Deputy Mayor MacKenzie, seconded by Councillor Sullivan: RESOLVED that, on the recommendation of the Committee of the Whole and pending the outcome of an investigation under the Code of Conduct By-Law, Councillors Killen and 10 COMMON COUNCIL / CONSEIL COMMUNAL October 3, 2023 / le 3 octobre 2023 Harris be relieved of all their council committee duties and their appointments by Council to different bodies be rescinded effective immediately. Councillor Radwan raised a point of order asking how Councillor Harris has not declared a conflict. The Mayor stated th done. Councillor Harris expresses his concern that the person who filed the complaint has not declared a conflict. The Mayor stated tha, the motion passes. MOTION CARRIED. 18 Adjournment Moved by Councillor Lowe, seconded by Councillor Stewart: RESOLVED that the meeting of Common Council held on October 3, 2023, be adjourned. MOTION CARRIED. The Mayor declared the meeting adjourned at 10:12 p.m. 11 COMMON COUNCIL / CONSEIL COMMUNAL October 10, 2023 / le 10 octobre 2023 MINUTES REGULAR MEETING COMMON COUNCIL OF THE CITY OF SAINT JOHN TUESDAY OCTOBER 10, 2023 AT 5:45 PM MEETING CONDUCTED VIRTUALLY An Electronic means of communication will be used at this meeting. The public may view the meeting on the Website (www.saintjohn.ca). Present: Acting Mayor - Deputy Mayor John MacKenzie Councillor-at-Large Gary Sullivan Councillor-at-Large Brent Harris Councillor Ward 1 Greg Norton Councillor Ward 1 Joanna Killen Councillor Ward 2 Barry Ogden Councillor Ward 3 Gerry Lowe Councillor Ward 3 David Hickey Councillor Ward 4 Greg Stewart Councillor Ward 4 Paula Radwan Absent: Mayor Donna Noade Reardon Also Present: Chief Administrative Officer (CAO) B. McGovern 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 P. Anglin Administrative Assistant A. MacLean 1 COMMON COUNCIL / CONSEIL COMMUNAL October 10, 2023 / le 10 octobre 2023 1. Call to Order The Deputy Mayor called the virtual meeting to order. 1.1 Land Acknowledgement Councillor Hickey 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 1.2 National Anthem The Saint John High School Choir performed the National Anthem by video. 2. Approval of Agenda Moved by Councillor Stewart, seconded by Councillor Ogden: RESOLVED that the agenda for October 10, 2023, be approved. MOTION CARRIED. 3. Disclosures of Conflict of Interest 4. Members Comments 5. Committee of the Whole 5.1 Collective Agreement with CUPE Local 486 Commissioner of Human Resources S. Hossack presented the highlights of the proposed Collective Agreement. Moved by Councillor Lowe, seconded by Councillor Killen: RESOLVED that as recommended by the Committee of the Whole having met on Tuesday October 10, 2023, Common Council: 1. Ratify and approve the Tentative Agreement between the City of Saint John and the Canadian Union of Public Employees, Saint John City Hall Employees, Local 486; and 2. That the Mayor and City Clerk be authorized to execute the Collective Agreement on the terms and conditions as generally presented to Committee of the Whole on October 10, 2023, and any documents ancillary thereto. MOTION CARRIED. 2 COMMON COUNCIL / CONSEIL COMMUNAL October 10, 2023 / le 10 octobre 2023 6. Adjournment Moved by Councillor Lowe, seconded by Councillor Harris: RESOLVED that the meeting of Common Council held on October 10, 2023, be adjourned. MOTION CARRIED. The Deputy Mayor declared the meeting adjourned at 6:03 pm. ________________________ City Clerk 3 /h…b/L\[w9thw M&C No.2023-218 Report DateOctober 11, 2023 Meeting DateOctober 16, 2023 Service AreaUtilities and Infrastructure Services HerWorship Mayor DonnaNoade ReardonandMembers of Council SUBJECT: /ƚƓƷƩğĭƷ ЋЉЋЌΏЉЍʹ źƦƦĻƷƷ 5ƩźǝĻ{ğƓźƷğƩǤ \[źŅƷ {ƷğƷźƚƓ aƚķźŅźĭğƷźƚƓƭ AUTHORIZATION Primary AuthorCommissioner/Dept. HeadChief Administrative Officer John CampbellIan Fogan/ Michael BakerJ. Brent McGovern RECOMMENDATION It is recommended that Contract No. 2023-04: Tippett Drive Sanitary Lift Station Modifications be awarded to the low Tenderer, Galbraith Construction Ltd.,at the tendered price of $603,587.85(including HST) as calculated based upon estimated quantities, and further that the Mayor and City Clerk be authorized to execute the necessary contract documents. EXECUTIVE SUMMARY The purpose of this report is to recommend that Council awardContract2023-04: Tippett DriveSanitary Lift Station Modificationsto Galbraith Construction Ltd., the low tenderer. PREVIOUS RESOLUTIONS October 21, 2019: M&C 2019-266-Disaster Mitigation and Adaptation Funding, approved. May 4, 2020: M&C 2020-123Engineering Services: DMAF Sanitary Lift Station Improvements, approved. October 17, 2022: M&C 2022-317; 2023 and 2024 General Fund and Utility Fund Capital Budget, approved. April 17,2023: M&C 2023-98; 2023 General Fund and Utility Fund Capital Budget Update overruns due to supply chain or other inflationary pressures based on the priority - 2 - REPORT BACKGROUND The approved 2023 Utility Fund Capital Program includes City Share and Other Share funding for reconstruction of the Tippett Drive Sanitary Lift Station above future flood levels in order to provide for the reliable collection of wastewater. This project involves reconstructing the existing control building above forecasted flood levels. TENDER RESULTS Tenders closed on August 29, 2023, with the following results, including HST: 1. Galbraith Construction Ltd. $603,587.85 2. Fairville Construction Ltd. $606,395.00 3. TerraEx Inc. $841,915.00 for the work was $637,514.00, including HST. ANALYSIS The tenders were thoroughly reviewed by staff and found to be formal in all respects. Staff believe that Galbraith Construction Ltd., the low tenderer, possesses the necessary resources and expertise to successfully execute the project. Therefore, staff recommend accepting their tender. FINANCIAL IMPLICATIONS The City has approved funding for this project under the 2023 Utility Fund Capital Program budget. The following table illustrates the approved funding within the Utility Fund Capital program. /ğƦźƷğƌ —ĻğƩ tƩƚƆĻĭƷ 5ĻƭĭƩźƦƷźƚƓ hƷŷĻƩ {ŷğƩĻ …ƷźƌźƷǤ {ŷğƩĻ Retrofit lift station above flood level to provide for reliable collection of wastewater, including design and 2023 construction management services. $124,000 $320,000 Project to be partially funded under DMAF. (Climate Change Adaptation Project) Assuming award of the Contract to the low tenderer, an analysis was completed which includes the estimated amount of work that will be performed by the Contractor and Others. - 3 - The analysis is as follows: Budget Envelope $ 444,000.00 Project net cost $ 640,169.00 Variance (Shortfall) $ 196,169.00 The DMAF funding for this project is 60% City share and 40% Other Share. In order to maximize the usage of available DMAF funding 40% of the project net cost will be paid for by Other Share funding ($256,067.60). The $132,067.60 ($256,067.60 $124,000) shortfall in Other Share funding will come from the overall DMAF funding envelope which includes raising or moving 9 lift stations. The City will be utilizing all available DMAF funding to complete the lift station projects until the Other Share funding is fully utilized. Once the Other share funding is fully utilized then the City will be responsible for 100% of the costs to complete the remaining lift station projects. There is a shortfall in City Share funding of $64,101.40 ($384,101.40 - $320,000). City Share shortfall will come from the approved 2023 Utility Fund Capital projects that have been deferred (M&C 2023-98) as part of a plan to allow overages to be offset within the 2023 Utility Capital Budget. POLICY TENDERING OF CONSTRUCTION CONTRACTS The recommendation in this report is made in accordance with the provisions of Specifications, and the specific project specifications. STRATEGIC ALIGNMENT This report aligns with the Dwh‘ by investing in key infrastructure upgrades and t9wChwa by adhering to plans, policies, procedures, and best practices with respect to managing infrastructure assets. SERVICE AND FINANCIAL OUTCOMES The reconstruction of the Tippett Drive Sanitary Lift Station will ensure that rising water levels, as a result of climate change, will not damage nor negatively impact the future operation of this asset. There is sufficient DMAF funding (Other Share) available within the Agreement, therefore increasing the Other Share funding by $132,067.60 should be followed in order to maximize the Other Share funding available to the City. - 4 - INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The tendering process for this project was completed in accordance with the Procurement Policy and Supply Chain Management supports the recommendation being put forth. Finance also reviewed the report to ensure the DMAF Funding requirements were adhered too and the adjustment of funding for this project adhered to Capital budget policy. ATTACHMENTS N/A /haahb /h…b/L\[ w9thw M&C No.2023-224 Report DateSeptember 27, 2023 Meeting DateOctober 03, 2023 Service AreaStrategic Services HerWorship Mayor Donna Noade ReardonandMembers of Common Council SUBJECT: /ƚƒƒƚƓ /ƚǒƓĭźƌ LƓƦǒƷ źƓƷƚ ЋЉЋЍ DĻƓĻƩğƌ hƦĻƩğƷźƓŭ .ǒķŭĻƷ AUTHORIZATION Primary AuthorCommissioner/Dept. HeadChief Administrative Officer Chair Gary SullivanKevin FudgeJ. Brent McGovern RECOMMENDATION It is recommended Common Council receive and file this report. EXECUTIVE SUMMARY As part of the 2024 General Operating Budgetprocess, the Finance Committee is seeking the feedback of Common Council prior to bringing backa budget recommendationto Common Council in November. PREVIOUS RESOLUTION Not Applicable REPORT As part of the 2024 General Operating Budgetprocess, the Finance Committee would like to seek the feedbackof Common Council on preferred areas of budget focus priorto bringing back arecommendation in mid-November. An agenda item th will be added to the October 16, 2023,meeting of Common Council,where the Chair of the Finance Committee will seek the input of each Councillor. The Finance Chair willrequestthefeedback provided be in alignment with 10-yearLong Term PlaySJ, and the Central Peninsula Neighborhood Plan. th For convenience, staff will send an email to Council on October 4, 2023,with links tovarious plans and documentsso Councilcan properly prepare. - 2 - STRATEGIC ALIGNMENT The . SERVICE AND FINANCIAL OUTCOMES th The input received from Common Council on October 16 will be used by the Finance Committee to make 2024 General Operating Budget recommendations. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Input from the Chief Administrative Officer and Finance Committee Chair was received. ATTACHMENTS N/A From:City of Saint John, New Brunswick <webform-noreply@saintjohn.ca> Sent: Saturday, October 7, 2023 3:12 PM To: Common Clerk <commonclerk@saintjohn.ca> Subject: Webform submission from: Submission to Council Form \[ External Email Alert\] **Please note that this message is from an external sender. If it appears to be sent from a Saint John employee, please forward the email to spamsample@saintjohn.ca or contact IT Service Desk at 649-6047.** Submitted on Sat, 10/07/2023 - 15:12 Submitted by: Anonymous Submitted values are: About Person/Group Submitting First name J. Last name Garcia Name of organization/group (where applicable) Mailing Address Telephone 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. Yes About your Submission Topic of submission Road Saftey Purpose for submission (what is the ask of council): Remove Publicity from City Buses to Reduce Distractions Executive summary In recent years, concerns regarding distracted driving and pedestrian safety have escalated across Canada. One prominent source of distraction in urban areas is the extensive use of publicity on city buses. This proposal outlines the need to remove publicity from city buses and provides Canadian examples to support this initiative. Background: Distracted Driving Epidemic: Distracted driving is a growing problem in Canada, leading to accidents, injuries, and fatalities. One significant distraction factor is the vivid and dynamic advertisements on city buses that capture drivers' attention. Pedestrian Safety: Distractions not only affect drivers but also pedestrians. People may be less attentive when crossing streets, particularly at busy intersections with eye-catching bus ads. Canadian Examples: 1. Toronto, Ontario: In 2020, Toronto introduced a pilot project to remove advertisements from buses along certain routes in the city center. The initiative saw a notable reduction in distracted driving incidents in these areas, according to data from the Toronto Police Service. A survey conducted among Toronto pedestrians and cyclists revealed that 75% of respondents felt safer crossing streets without distracting bus ads, suggesting a positive impact on pedestrian safety. 2. Vancouver, British Columbia: In 2021, the City of Vancouver, in collaboration with TransLink, initiated a trial period during which buses in the downtown core temporarily removed external advertising. During this period, there was a noticeable decrease in reported collisions and near-miss incidents involving pedestrians and buses. 3. Montreal, Quebec: Montreal's public transit authority conducted a study in 2019 examining the correlation between bus ad distraction and pedestrian accidents. The findings indicated that areas with high-density bus advertisements had a higher incidence of pedestrian-related accidents, highlighting the need for action. Proposal: To address the issue of distractions caused by publicity on city buses, I propose the following steps: 1. Phased Removal of Bus Advertisements: Implement a phased approach to gradually remove external advertisements from city buses within 4-6 months. Begin with high-risk areas identified through accident data and gradually expand to cover the entire fleet. 2. Replace with Safety Promoting Messages: Replace external bus advertisements with safety-promoting messages online, such as road safety tips, reminders about distracted driving laws, or community safety initiatives. 3. Public Awareness Campaign: Launch a public awareness campaign to inform residents and commuters about the benefits of this initiative, emphasizing its positive impact on road safety and pedestrian well-being. 4. Evaluation and Continuous Improvement: Monitor the impact of the publicity removal program through data analysis, including accident reports, pedestrian safety surveys, and feedback from commuters. Make necessary adjustments based on findings to optimize safety. Conclusion: Distracted driving and pedestrian safety are paramount concerns in Canada's urban areas. Removing publicity from city buses presents a compelling solution to reduce distractions and improve road safety. The Canadian examples provided demonstrate the potentialbenefits of such a program. By adopting this proposal, we can make our cities safer for all residents and commuters. References: Toronto Police Service. (2020). Distracted Driving Statistics. City of Vancouver. (2021). External Advertising Removal Pilot Program Report. Société de transport de Montréal. (2019). Étude sur la distraction des usagers de la route en présence de publicité autobus M&C No.2023-227 Report DateOctober 11, 2023 Meeting DateOctober 16, 2023 Service AreaGeneral Counsel SUBJECT: Extension of License with Fundy Harbour Estates Inc. -North Market Street EXECUTIVE SUMMARY OF COMMITTEE OF THE WHOLE REPORT FOR OPEN SESSION OF COUNCIL In late 2021, City staff were approached by Fundy Harbour Estates Inc. (the “Licensee”)about their desire to install handicap access on North Market Street. The work did not proceed on the initial time frame and the Licensee has requested an extension of the License until the end of February 2024. The purpose of this report is to seek Council’s authorization to enter into an Amendedand Restated License with the Licensee for the solepurpose of extending the term of the License to February 29, 2024. COUNCIL RESOLUTION That the City enter into anAmendedand RestatedLicense Agreement in the form as presented to Committee of the Whole at its meeting held October 16, 2023, withFundy Harbour Estates Inc.for the sole purpose of extending the term of the License dated February 7, 2022, to terminate on February 29, 2024, and that the Mayor and Clerk be authorized to execute the saidAmendedand Restated License Agreement and any other document ancillary thereto. M&C No.2023-228 Report DateOctober 10, 2023 Meeting DateOctober 16, 2023 Service AreaGeneral Counsel SUBJECT: Land Assembly for South Central Peninsula School EXECUTIVE SUMMARY OF COMMITTEE OF THE WHOLE REPORT FOR OPEN SESSION OF COUNCIL A new urban school for the South-CentralPeninsula has been a top priority for Council, with an innovative central peninsula learning commons being designated as one of Council’s catalytic infrastructure projects. The Province is leading the project and has reached a decision that the site for the new school will be on the lands adjacent to Rainbow Park. Council previously resolved to contribute twelve (12) City-owned vacant parcels of landsto the Province in support ofthe project. Staff havesuccessfully negotiatedanAgreement of Purchase andSalefor these parcels. COUNCIL RESOLUTION That the City enter into an Agreement of Purchase and Salegenerallyin the form as presented to Committee of the Whole at its meeting held October 16, 2023, with the Province of New Brunswick for the sale of twelve parcels of land located withinthe block of Charlotte Street, St. James Street, Sydney Street, and Broad Street in the City of Saint John, identified as PIDs 00001560, 00001552, 00001545, 00001537,00001529, 00001511, 00001503, 00001495, 00002386, 00002220, 00001487 and 55019731 and that the Mayor and Clerk be authorized to execute the said Agreement of Purchase and Sale and any other documents necessary to effect the transaction.