2021-03-22_Agenda Packet--Dossier de l'ordre du joure
City of Saint John
Common Council Meeting
AGENDA
Monday, March 22, 2021
6:00 pm
Meeting Conducted by Electronic Participation
Si vous avez besoin des services en francais pour une reunion de Conseil communal, veuillez contacter le
bureau du greffier communal au 658-2862.
Pages
1. Call to Order
2. Approval of Minutes
2.1. Minutes of March 8, 2021 5 - 18
3. Approval of Agenda
4. Disclosures of Conflict of Interest
5. Consent Agenda
5.1.
Spring 2021 - Refinancing Debenture Application (Recommendation in Report)
19 - 20
5.2.
Sale of City Owned Lot being PID No. 28126 off Millidge Street
21 - 25
(Recommendation in Report)
5.3.
Economic and Community Recovery Program: On -Street Parking Subsidy Pilot
26 - 33
Program — Interim Update (Recommendation in Report)
5.4.
Proposed Public Hearing Date — 300 Sydney Street and 1210 Loch Lomond
34 - 36
Road (Recommendation in Report)
5.5.
Licence Agreement for Stage and Washroom at Pat Rocca Way (Market
37 - 53
Square Boardwalk) (Recommendation in Report)
5.6.
2021 Engineering Inspection Services (Recommendation in Report)
54 - 56
5.7.
Fire Services Review Successful Proponent (Recommendation in Report)
57 - 63
9
10
11
12
5.8. Fundy Quay — Infrastructure Funding — Letters of Offer (Recommendation in
64 - 76
Report)
Members Comments
Proclamation
Delegations / Presentations
8.1. Ability NB and an Accessible NB
77 - 100
Public Hearings - 6:30 p.m.
Consideration of By-laws
10.1. Zoning ByLaw Amendment with Sec 59 Conditions - 3396 Loch Lomond Rd
101 - 106
(3rd Reading) and Approval of Money -in -Lieu of Land for Public Purposes
10.2. Supplementary Report — 215 Somerset Street Rezoning Application (3rd
107 - 114
Reading)
10.3. Zoning By -Law Amendment re: Fees (3rd Reading)
115 - 119
10.4. Saint John Heritage Conservation Areas Bylaw re: Fees (3rd Reading)
120 - 122
10.5. Saint John Heritage Conservation Areas By -Law Amendment - 22 Sydney
123 - 123
Street (3rd Reading)
10.6. Bylaw respecting the Reduction of Single -Use Plastic Bags in The City of
124 - 132
Saint John (3rd Reading)
10.7. Weight Restriction By -Law Amendment on Wentworth Street (3rd Reading)
133 - 141
Submissions by Council Members
11.1. Municipal Election Candidate Sessions (Mayor Darling)
142 - 142
11.2. Livability and Road Construction (Mayor Darling)
143 - 144
Business Matters - Municipal Officers
12.1. Council Governance Items
145 - 146
12.1.1. Public Safety Committee
147 - 156
12.1.2. Selection of Deputy Mayor
157 - 163
12.1.3. O'Canada at Council Meetings
164 - 166
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13. Committee Reports
14. Consideration of Issues Separated from Consent Agenda
15. General Correspondence
15.1. SJ Community Arts Board - 2021 Funding Program (Recommendation: Direct
167 - 170
Commissioner of Finance to issues cheques; Receive for Information)
15.2. F. Fernandez: Request to Remove Heritage Conservation Area Designation -
171 - 171
191 Princess St. (Recommendation: Refer to City Manager)
15.3. Town of Grand Bay -Westfield: Parks and Recreation Master Plan Exercise
172 - 172
(Recommendation: Council expression of support to Grand Bay -Westfield)
15.4. ME Carpenter: Essential Service (Recommendation: Receive for Information)
173 - 173
16. Supplemental Agenda
17. Committee of the Whole
17.1. City Market Lease with 690045 N.B. dba Kim's Korean Food
174 - 174
18. Adjournment
3
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City of Saint John
Common Council Meeting
Monday, March 22, 2021
Committee of the Whole
1. Call to Order
Si vous avez besoin des services en frangais pour une reunion de Conseil communal, veuillez contacter le
bureau du greffier communal au 658-2862.
Each of the following items, either in whole or in part, is able to be discussed in private pursuant to the
provisions of subsection 68(1) of the Local Governance Act and Council / Committee will make a
decision(s) in that respect in Open Session:
4:00 p.m., Meeting Conducted through Electronic Participation
1.1 Approval of Minutes 68(1)
1.2 Employment Matter 68(1)(j)
1.3 Litigation Matter 68(1(g)
1.4 Legal Matter 68(1)(f)
1.5 Financial Matter 68(1)(c,d)
1.6 Financial Matter 68(1)(c,f)
1.7 Legal Matter 68(1)(f)
1.8 Employment Matter 68(1)(j)
Ville de Saint John
Seance du conseil communal
Lundi 22 mars 2021
18h
Reunion tenue par participation electronique
Comite plenier
1. Ouverture de la seance
Si vous souhaitez obtenir des services en frangais pour une seance du conseil communal,
veuillez communiquer avec le bureau du greffier communal au 658-2862.
Chacun des points suivants, en totalite ou en partie, peut faire I'objet d'une discussion en
prive en vertu des dispositions prevues au paragraphe 68(1) de la Loi sur la gouvernance
locale. Le conseil/comite prendra une ou des decisions a cet egard au cours de la seance
publique :
16 h - Reunion conduite par participation electronique
1.1 Approbation du proces-verbal 68(1)
1.2 Question d'emploi 68(1)(j)
1.3 Question de litige 68(1)(g)
1.4 Question juridique 68(1)(f)
1.5 Question financiere 68(1)(c,d)
1.6 Question financiere 68(1)(c,f)
1.7 Question de litige 68(1)(g)
1.8 Question d'emploi 68(1)(j)
Seance ordinaire
1. Ouverture de la seance
2. Approbation du proces-verbal
2.1 Proces-verbal du 8 mars 2021
3. Adoption de I'ordre du jour
4. Divulgations de conflits d'interets
5. Questions soumises a I'approbation du conseil
2
5.1 Printemps 2021 - Demande de refinancement de la debenture
(recommandation clans le rapport)
5.2 Vente d'un lot appartenant a la ville et constituant le PID n° 28126 de la
rue Millidge (recommandation clans le rapport)
5.3 Programme de redressement economique et communautaire :
Programme pilote de subvention du stationnement sur rue - Mise a jour
provisoire (recommandation clans le rapport)
5.4 Date proposee pour I'audience publique - 300, rue Sydney et 1210,
chemin Loch Lomond (recommandation clans le rapport)
5.5 Contrat de licence pour une scene et des toilettes a Pat Rocca Way
(Market Square Boardwalk) (Recommandation clans le rapport)
5.6 Services d'inspection technique pur 2021 (recommandation clans le
rapport)
5.7 Promoteur retenu pour 1'examen des services d'incendie
(recommandation clans le rapport)
5.8 Fundy Quay - Financement d'infrastructure - Lettres d'offre
(Recommandation clans le rapport)
6. Commentaires presentes par les membres
7. Proclamation
8. Delegations et presentations
8.1 Capacite Nouveau -Brunswick et un Nouveau -Brunswick accessible
9. Audiences publiques
10. Etude des arretes municipaux
10.1 Modification du reglement de zonage avec les conditions de I'article 59 -
3396, chemin Loch Lomond (3e lecture) et approbation de I'argent a
defaut de terrain a des fins publiques
10.2 Rapport supplementaire - Demande de changement de zonage du 215,
rue Somerset (3e lecture)
10.3 Modification du reglement de zonage - objet : Frais (3e lecture)
10.4 Reglement relatif aux zones de conservation du patrimoine de Saint John
- objet : Frais (3e lecture)
9
10.5 Reglement relatif aux zones de conservation du patrimoine de Saint John
- 22, rue Sydney (3e lecture)
10.6 Reglement sur la reduction des sacs de plastique a usage unique clans la
ville de Saint John (3e lecture)
10.7 Modification du reglement sur la restriction du poids sur la rue
Wentworth (3e lecture)
11. Interventions des membres du conseil
12. Affaires municipales evoquees par les fonctionnaires municipaux
12.1 Points relatifs a la gouvernance du Conseils
12.1.1 Comite de securite publique
12.1.2 Selection du maire adjoint
12.1.3 O'Canada aux reunions du Conseil
13. Rapports deposes par les comites
14. Etude des sujets ecartes des questions soumises a I'approbation du Bureau
15. Correspondance generale
15.1 SJ Community Arts Board - Programme de financement 2021
(Recommandation : Demander au commissaire aux finances d'emettre
des cheques ; Recevoir pour information)
15.2 F. Fernandez : Demande de suppression de la designation de zone de
conservation du patrimoine - 191, rue Princess (Recommandation : En
referer au directeur municipal)
15.3 Ville de Grand Bay -Westfield : Exercice du plan directeur des pares et
loisirs (Recommandation : Expression de soutien du Conseil a Grand Bay -
Westfield)
15.4 ME Carpenter : Service essentiel (Recommandation : Recevoir pour
information)
16. Ordre du jour supplementaire
17. Comite plenier
17.1 Bail du marche de la ville avec 690045 N.B. Ltd dba Kim's Korean Food
18. Levee de la seance
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Present:
COMMON COUNCIL / CONSEIL COMMUNAL
March 08, 2021 / le 08 mars 2021
MINUTES —REGULAR MEETING
COMMON COUNCIL OF THE CITY OF SAINT JOHN
MARCH 08, 2021 AT 6:00 PM
MEETING CONDUCTED BY ELECTRONIC PARTICIPATION
Mayor Don Darling
Deputy Mayor Shirley McAlary
Councillor -at -Large Gary Sullivan
Councillor Ward 1 Blake Armstrong
Councillor Ward 1 Greg Norton
Councillor Ward 2 John MacKenzie
Councillor Ward 2 Vacancy
Councillor Ward 3 Donna Reardon
Councillor Ward 3 David Hickey
Councillor Ward 4 David Merrithew
Absent: Councillor Ward 4 Ray Strowbridge
Also Present:
City Manager J. Collin
General Counsel M. Tompkins
Fire Chief & Chief Emergency Management Services K. Clifford
Chief of Staff & Chief Financial Officer K. Fudge
Commissioner, Human Resources S. Hossack
Commissioner, Public Works, and Transportation Services M. Hugenholtz
Commissioner, Utilities & Infrastructure Services B. McGovern
Commissioner, Growth & Community Services J. Hamilton
Director Legislative Services / City Clerk J. Taylor
Deputy City Clerk P. Anglin
Administrative Officer R. Evans
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COMMON COUNCIL / CONSEIL COMMUNAL
March 08, 2021 / le 08 mars 2021
1. Call to Order
To conform to the New Brunswick Government COVID-19 State of Emergency and
Mandatory Order effective March 8th, 2021 all Zones being updated to Code Yellow level,
Council Members and staff participated by video conference. The City Clerk conducted
roll call, noting Councillor Strowbridge absent.
To ensure public access and transparency the meeting is being video recorded and posted
to the City's website after the meeting has concluded.
2. Approval of Minutes
2.1 Minutes of February 22, 2021
Moved by Councillor Sullivan, seconded by Councillor Norton:
RESOLVED that the February 22, 2021 meeting minutes be approved.
MOTION CARRIED.
3. Approval of Agenda
Moved by Deputy Mayor McAlary, seconded by Councillor MacKenzie:
RESOLVED That the agenda for March 8th, 2021 be approved with the addition of the
following:
17.1 Termination of Contract 2020-04: Sanitary Sewer Structural Lining Phase IV —Various
Locations between The City of Saint John and Clean Water Works Inc. and
7.1 Proclamation International Women's Day.
MOTION CARRIED.
4. Disclosures of Conflict of Interest
5. Consent Agenda
5.1 That as recommended by the City Manager in the submitted report M&C 2021-
064: Engineering Services: Site Works — Fundy Quay, Council approve the proposal
submitted by Dillon Consulting Inc., for Engineering Services for the Fundy Quay Site
Works, in the amount of $438,780 plus HST (including a contingency allowance in the
amount of $100,000), be accepted. And that the Mayor and Common Clerk be authorized
to execute the necessary contract documents.
5.2 That as recommended by the City Manager in the submitted report entitled:
Appointment of Dylan Domres & Phillip McCarthy as By -Law Enforcement Officers,
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COMMON COUNCIL / CONSEIL COMMUNAL
March 08, 2021 / le 08 mars 2021
RESOLVED, that Common Council approve the following:
WHEREAS the Common Council of The City of Saint John has enacted certain by-laws
pursuant to the authority of the Local Governance Act, S.N.B. 2017 C.18, and
amendments thereto, (the "Local Governance Act") including the Saint John Parking By -
low Number LG-8 and amendments thereto;
AND WHEREAS Section 72 of the Local Governance Act provides that council may
appoint a by-law enforcement officer for the local government and may determine their
terms of office;
NOW THEREFOR BE IT RESOLVED that Dylan Domres, is hereby appointed as by-law
enforcement officer for the administration and enforcement of the Saint John Parking
By -Jaw which received first and second reading by Common Council on January 11, 2021
and third reading January 25, 2021, being enacted under the Local Governance Act,
effective immediately, and this authorization shall continue until he ceases to be an
employee of the Saint John Parking Commission or until rescinded by Common Council,
whichever comes first;
NOW THEREFOR BE IT RESOLVED that Philip McCarthy. is hereby appointed as by-law
enforcement officer for the administration and enforcement of the Saint John Parking
By-law which received first and second reading by Common Council on January 11, 2021
and third reading January 25, 2021, being enacted under the Local Governance Act,
effective immediately, and this authorization shall continue until he ceases to be an
employee of the Saint John Parking Commission or until rescinded by Common Council,
whichever comes first.
5.3 That as recommended by the City Manager in the submitted report M&C 2021-
058: Property Assessment Date Use and Confidentially Agreement, Common Council
approves the City enter into a Data Use and Confidentiality Agreement with Service New
Brunswick for the right to use property assessment information as described therein in
the form attached to M&C No. 2021-058; and that the Mayor and City Clerk be authorized
to execute the necessary contract documents.
5.4 That as recommended by the City Manager in the submitted report M&C 2021-
061: Procurement of a Trailer Mounted Combination Valve Exerciser and Vacuum
Excavation Unit, Common Council award the purchase of a Trailer Mounted Combination
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COMMON COUNCIL / CONSEIL COMMUNAL
March 08, 2021 / le 08 mars 2021
Valve Exerciser and Vacuum Excavation Unit at a total cost of $117,205.00 plus HST to
Saunders Equipment Ltd.
5.5 That as recommended by the City Manager in the submitted report M&C 2021-
066: Fleet Replacement Procurement— March 2021, Common Council award the
purchase of two (2) Tandem Refuse Packers and two (2) Tandem Co -Mingle Refuse
Packers at a total cost of $1,321,070.00 plus HST to Saunders Equipment Ltd.
5.6 That as recommended by the City Manager in the submitted report M&C 2021-
059: Fundy Quay Sea Wall Refurbishment and Storm Sewer Outfall Project -Tender Award,
Common Council award the tender submitted by Alternative Concrete Technologies Ltd.,
for Fundy Quay Sea Wall Refurbishment and Storm Sewer Outfall Project in the amount
of $7,920,895.50 plus HST be accepted. Further to the base tender amount, it is
recommended that a contingency allowance be carried out for this project in the amount
of $500,000 plus HST, for a total cost of $8,420,895.50 plus HST. Additionally, it is
recommended that the Mayor and Common Clerk be authorized to execute the necessary
contract documents.
5.7 That as recommended by the City Manager in the submitted report M&C 2021-
067: Traffic Paint Purchase, notwithstanding the City's Procurement Policy, Common
Council authorize City staff to purchase Franklin Paint Company traffic paint for the 2021
construction season as a sole source procurement from Stinson Equipment Limited at a
cost of $94,430.95 plus HST.
5.8 That as recommended by the City Manager in the submitted report M&C 2021-
056: Neighbourhood Service Agreements, Common Council approve the following:
1. Resolve that the parties renew the agreement in consideration for the annual
grant of $21,000 between the City of Saint John and P.U.L.S.E. (People United in
the Lower South End), Inc., for a period of two (2) years, from January 1, 2021
until December 31, 2022, as outlined in Appendix 'A' of this report and that the
Mayor and Common Clerk be authorized to sign all necessary documentation.
2. Resolve that the parties renew the agreement in consideration for the annual
grant of $23,500 between the City of Saint John and Crescent Valley Resource
Centre Inc. for a period of two (2) years, from January 1, 2021 until December
31, 2022, as outlined in Appendix 'B' of this report and that the Mayor and
Common Clerk be authorized to sign all necessary documentation.
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COMMON COUNCIL / CONSEIL COMMUNAL
March 08, 2021 / le 08 mars 2021
3. Resolve that the parties renew the agreement in consideration for the annual
grant of $23,500 between the City of Saint John and ONE Change Inc. for a
period of two (2) years, from January 1, 2021 until December 31, 2022, as
outlined in Appendix'C' of this report and that the Mayor and Common Clerk be
authorized to sign all necessary documentation.
4. Resolve that the parties renew the agreement in consideration for the annual
grant of $22,000 between the City of Saint John and the Saint John Learning
Exchange Ltd. (Waterloo Village Neighbourhood Association) for a period of two
(2) years, from January 1, 2021 until December 31, 2022, as outlined in Appendix
'D' of this report and that the Mayor and Common Clerk be authorized to sign all
necessary documentation.
5. Resolve that the parties renew the agreement in consideration for the annual
grant of $20,000 between the City of Saint John and the TRC (The Resource
Centre) for Youth in Greater Saint John, Inc., for a period of two (2) years, from
January 1, 2021 until December 31, 2022, as outlined in Appendix'E' of this
report and that the Mayor and Common Clerk be authorized to sign all necessary
documentation.
6. Resolve that the parties renew the agreement in consideration for the annual
grant of $22,000 between the City of Saint John and Saint John Human
Development Council Inc. (Around the Block Community Newspaper) for a
period of one (1) year, from January 1, 2021 until December 31, 2021, as
outlined in Appendix'F' of this report and that the Mayor and Common Clerk be
authorized to sign all necessary documentation.
7. Resolve that the parties renew the agreement in consideration for the annual
grant of $20,000 between the City of Saint John and Carleton Community Centre,
Inc., for a period of one (1) year, from January 1, 2021 until December 31, 2021,
as outlined in Appendix'G' of this report and that the Mayor and Common Clerk
be authorized to sign all necessary documentation.
5.9 That as recommended by the City Manager in the submitted report M&C 2021-
069: 2021 Water and Sewerage Utility Fund and General Fund (Storm & Transportation
Categories) Capital Project Tendering Schedule, Common Council receive the report for
information.
Moved by Deputy Mayor McAlary, seconded by Councillor Hickey:
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COMMON COUNCIL / CONSEIL COMMUNAL
March 08, 2021 / le 08 mars 2021
RESOLVED that the recommendation set out in each consent agenda item respectively,
be adopted.
MOTION CARRIED UNANIMOUSLY.
6. Members Comments
The Council Members spoke on various events occurring in the City, including affordable
housing, and International Women's Day.
7. Proclamations
7.1 International Women's Day March 81h
The Mayor proclaimed March 8t", 2021 International Women's Day.
8. Delegations/Presentations
9. Public Hearings 6:30 PM
9.1 Proposed Zoning ByLaw Amendment — 3396 Loch Lomond Road with Planning
Advisory Committee report recommending Rezoning (1st and 2nd Reading)
Commissioner Hamilton advised that the necessary advertising was completed with
regard to the rezoning a parcel of land having an area of approximately 8,227 square
metres, located at 3396 Loch Lomond Road, also identified as a portion of PID Number
00330126, from Rural Residential (RR) to Rural General Commercial (CRG) with no written
objections or letters of support received.
Consideration was also given to a report from the Planning Advisory Committee
submitting a copy of Planning staff's report considered at its February 17, 2021 meeting
at which the Committee recommended the rezoning at 3396 Loch Lomond Road as
described above, with Section 59 conditions.
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 the following presenting: Mr. Rick Turner on behalf of Hughes Surveys
Inc., and Mr. Bob Landry property owner.
Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan:
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By -Law of The City of
Saint John" rezoning a parcel of land having an area of approximately 8,227 square
6
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COMMON COUNCIL / CONSEIL COMMUNAL
March 08, 2021 / le 08 mars 2021
metres, located at 3396 Loch Lomond Road, also identified as a portion of PID Number
00330126, from Rural Residential (RR) to Rural General Commercial (CRG), 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 Deputy Mayor McAlary, seconded by Councillor Merrithew:
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By -Law of The City of
Saint John" rezoning a parcel of land having an area of approximately 8,227 square
metres, located at 3396 Loch Lomond Road, also identified as a portion of PID Number
00330126, from Rural Residential (RR) to Rural General Commercial (CRG), 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 Zoning By -Law and Heritage Conservation Areas By -Law Amendments — Fee
Adiustments (1st and 2nd Readings)
Commissioner Hamilton advised that the necessary advertising was completed with
regard to amending the Zoning By -Law with respect to revised fees, an updated fee
schedule and two new fees to build consistency with other development by-laws; and an
amendment to the Heritage Conservation Areas By-law with respect to new fees.
Director A. Poffenroth gave a staff presentation addressing the reason for the fee
adjustment fees as part of the City's Sustainability Plan.
The Mayor called for members of the public to speak against the proposed Zoning By -Law
and Heritage Conservation Areas By -Law Amendments — Fee Adjustments amendment
with no one presenting.
The Mayor called for members of the public to speak in favour of the proposed Zoning
By -Law and Heritage Conservation Areas By -Law Amendments — Fee Adjustments
amendment with no one presenting.
Moved by Deputy Mayor McAlary, seconded by Councillor MacKenzie:
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By -Law of The City of
Saint John", amending paragraph 12.4(8)m; amending subparagraph 12.4(9)(a)(iv);
7
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COMMON COUNCIL / CONSEIL COMMUNAL
March 08, 2021 / le 08 mars 2021
deleting and replacing subsection 2.11(c); deleting and replacing Schedule "B", 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 Reardon, seconded by Deputy Mayor McAlary:
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By -Law of The City of
Saint John", amending paragraph 12.4(8)m; amending subparagraph 12.4(9)(a)(iv);
deleting and replacing subsection 2.11(c); deleting and replacing Schedule "B", 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."
Moved by Deputy Mayor McAlary, seconded by Councillor Reardon:
RESOLVED that the by-law entitled, "By -Law Number HC-1, A Law to Amend the Saint John
Heritage Conservation Areas By -Law", deleting and replacing subsection 6(2)(c); adding
subsection 6(11); and deleting and replacing Schedule K, be read a first time.
MOTION CARRIED.
Read a first time by title, the by-law entitled, "By -Law Number HC-1, A Law to Amend the
Saint John Heritage Conservation Areas By -Law."
Moved by Deputy Mayor McAlary, seconded by Councillor Reardon:
RESOLVED that the by-law entitled, "By -Law Number HC-1, A Law to Amend the Saint John
Heritage Conservation Areas By -Law", deleting and replacing subsection 6(2)(c); adding
subsection 6(11); and deleting and replacing Schedule K, be read a second time.
107011Li1010", 101131401
Read a second time by title, the by-law entitled, "By -Law Number HC-1, A Law to Amend
the Saint John Heritage Conservation Areas By -Law."
9.3 Heritage Conservation Areas ByLaw Amendment — Site -specific By -Law
Amendment — 22 Svdnev Street (111 and 2nd Reading)
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COMMON COUNCIL / CONSEIL COMMUNAL
March 08, 2021 / le 08 mars 2021
Commissioner Hamilton advised that the necessary advertising was completed with
regard to a site -specific amendment to the Heritage Conservation Area ByLaw at 22
Sydney Street.
The reason for the change is to allow for a Tier Three major addition in a Heritage
Conservation Area to transform the Sydney Street Court House to a Theatre performance
space.
Heritage Planner E. Sampson advised Council of the positive heritage impacts of the
proposed Tier Three infill development application process, the Heritage Impact
Assessment, Peer Review and Staff reports and written submissions from the public for
the repurposing of the Court House to a Theatre space.
The Mayor called for members of the public to speak against the proposed Heritage
Conservation Areas By -Law amendment with no one presenting.
The Mayor called for members of the public to speak in favour of the proposed Heritage
Conservation Areas By -Law amendment with the following presenting: John Leroux
Architect and Art Historian, Stephen Tobias Executive Director The Saint John Theatre
Company Inc., George Daniel President Board SJ Theatre Company Inc., Melissa Wakefield
Architect Exp Architects Inc., Jamie L. Watson Chair Heritage Development Board.
Moved by Councillor Sullivan, seconded by Councillor Armstrong:
RESOLVED that the by-law entitled, "By -Law Number HC-1, A Law to Amend the Saint John
Heritage Conservation Areas By -Law" adding Schedule P — Tier Three Developments; and
adding subsection 8.3, be read a first time.
MOTION CARRIED.
Read a first time by title, the by-law entitled, "By -Law Number HC-1, A Law to Amend the
Saint John Heritage Conservation Areas By -Law."
Moved by Councillor MacKenzie, seconded by Councillor Reardon:
RESOLVED that the by-law entitled, "By -Law Number HC-1, A Law to Amend the Saint John
Heritage Conservation Areas By -Law" adding Schedule P — Tier Three Developments; and
adding subsection 8.3, be read a second time.
MOTION CARRIED.
Read a second time by title, the by-law entitled, "By -Law Number HC-1, A Law to Amend
the Saint John Heritage Conservation Areas By -Law."
10. Consideration of Bylaws
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COMMON COUNCIL / CONSEIL COMMUNAL
March 08, 2021 / le 08 mars 2021
10.1 Weight Restriction By -Law Amendment on Wentworth Street (111 and 2nd Reading)
Consideration was given to the submitted report M&C 2021-065: Weight Restriction
Bylaw Amendment on Wentworth Street. Commissioner Hugenholtz advised of the
reason for the amendment to allow a truck -mounted crane on Wentworth Street to allow
construction development to continue on schedule.
Moved by Deputy Mayor McAlary, seconded by Councillor Merrithew:
RESOLVED that the by-law entitled, "By -Law Number MV-17, A Law to Amend a By -Law
respecting Weight Restrictions within the City of Saint John enacted under the authority
of Section 262(1) of the Motor Vehicle Act" amending Schedule A by adding "Connection
Routes" — Wentworth Street between Broad Street and Leinster Street only between
March 23, 2021 and March 28, 2021 inclusive, be read a first time.
101Eel t1[9I0[lL1Nilk] Ix93
Read a first time by title, the by-law entitled, "By -Law Number MV-17, A Law to Amend a
By -Law respecting Weight Restrictions within the City of Saint John enacted under the
authority of Section 262(1) of the Motor Vehicle Act."
Moved by Deputy Mayor McAlary, seconded by Councillor Hickey:
RESOLVED that the by-law entitled, "By -Law Number MV-17, A Law to Amend a By -Law
respecting Weight Restrictions within the City of Saint John enacted under the authority
of Section 262(1) of the Motor Vehicle Act" amending Schedule A by adding "Connection
Routes" — Wentworth Street between Broad Street and Leinster Street only between
March 23, 2021 and March 28, 2021 inclusive, be read a second time.
MOTION CARRIED.
Read a second time by title, the by-law entitled, "By -Law Number MV-17, A Law to Amend
a By -Law respecting Weight Restrictions within the City of Saint John enacted under the
authority of Section 262(1) of the Motor Vehicle Act."
10.2 Plastic Bag By -Law (1St and 2nd Reading)
Consideration was given to the submitted report M&C 2021-072: Plastic Bag By -Law.
Moved by Councillor Hickey, seconded by Councillor Norton:
RESOLVED that the by-law entitled, "By -Law Number L.G.-12, a By -Law respecting the
Reduction of Single -Use Plastic Bags in The City of Saint John", be read a first time.
MOTION CARRIED with Councillor Armstrong voting nay.
10
14
COMMON COUNCIL / CONSEIL COMMUNAL
March 08, 2021 / le 08 mars 2021
Read a first time by title, the by-law entitled, "By -Law Number L.G.-12, a By -Law
respecting the Reduction of Single -Use Plastic Bags in The City of Saint John."
Moved by Deputy Mayor McAlary, seconded by Councillor MacKenzie:
RESOLVED that the by-law entitled, "By -Law Number L.G.-12, a By -Law respecting the
Reduction of Single -Use Plastic Bags in The City of Saint John", be read a second time.
MOTION CARRIED with Councillor Armstrong voting nay.
Read a second time by title, the by-law entitled, "By -Law Number L.G.-12, a By -Law
respecting the Reduction of Single -Use Plastic Bags in The City of Saint John."
11. Submissions by Council Members
12. Business Matters - Municipal Officers
12.1 City Manager Update (Verbal)
City Manager updated Council on new developments:
The City has deployed 2 portable radar speed awareness signs to assist with traffic calming
measures. These signs are meant to help address community concerns about speeding.
The signs will also collect speed data to help measure performance of the new tool. They
are not speed traps; no fines are associated.
Regional Economic Development Agency launched January 15t, 2021 has released its new
name, Envision Saint John the Regional Growth Agency.
Moved by Deputy Mayor McAlary, seconded by Councillor MacKenzie:
RESOLVED that the City Manager verbal update be received for information.
MOTION CARRIED.
12.2 Community Grants 2021
Director P. Ouellette advised of the criteria applied by the Community Grants Evaluation
Committee and the funding provided in the approved 2021 General Fund Operating
Budget.
Manager Community Services A. McLennan provided the details of the applications and
the successful applicants.
Moved by Councillor MacKenzie, seconded by Councillor Armstrong:
15
COMMON COUNCIL / CONSEIL COMMUNAL
March 08, 2021 / le 08 mars 2021
RESOLVED that as recommended in the submitted report M&C 2021-057: Community
Grants 2021, Common Council approve the successful applicants for the 2021
Community Grants Program, as follows:
Human Development Council
$15,000.00
PRUDE
$15,000.00
Sistema
$15,000.00
Bee Me Kidz
$10,000.00
Outflow Ministries
$10,000.00
Saint John Newcomers Centre
$10,000.00
Shining Horizons
$10,000.00
Sophia Recovery Centre
$10,000.00
Seniors Resource Centre
$9,625.00
Loch Lomond Villa
$7,500.00
Denis Morris Community Centre
$6,000.00
KBM Community Centre
$6,000.00
Lorneville Community Centre
$6,000.00
Martinon Community Centre
$6,000.00
Milford Memorial Community Centre
$6,000.00
Brilliant Labs
$5,000.00
Greater SJ Community Garden
$5,000.00
Saint John Tool Library
$5,000.00
Fundy Seniors
$4,875.00
Balysto Steelband
$4,000.00
Third Shift
$4,000.00
Junior Achievement
$3,000.00
Carleton Community Garden
$2,500.00
We Believe
$2,500.00
Chroma
$2,000.00
12
16
COMMON COUNCIL / CONSEIL COMMUNAL
March 08, 2021 / le 08 mars 2021
Indo-Canadian Society
$2,000.00
NB Festival of Music
$2,000.00
TOTAL
$184,000.00
MOTION CARRIED.
13. Committee Reports
14. Consideration of Issues Separated from Consent Agenda
15. General Correspondence
15.1 Pension Board Letter to Council —Appointment (Recommendation: Refer to
Nominating Committee)
Moved by Councillor Merrithew, seconded by Councillor Reardon:
RESOLVED that the letter from Fred Slip Chair, Board of Pension Trustees be referred to
the Nominating Committee.
101Eel t1[9I01[lL1Nilk] Ix93
15.2 Green Shirt Day April 7, 2021— Raising Awareness and Saving Lives
(Recommendation: Refer to Citv Manager)
Moved by Councillor Reardon, seconded by Councillor MacKenzie:
RESOLVED that the letter from Nichole Elizabeth, Provincial Director Canadian Transplant
Association — New Brunswick, be referred to the City Manager.
MOTION CARRIED.
16. Supplemental Agenda
17. Committee of the Whole
17A Termination of Contract 2020-04: Sanitary Sewer Structural Lining Phase IV —Various
Locations between The City of Saint John and Clean Water Works Inc.
Moved by Deputy Mayor McAlary, seconded by Councillor Reardon:
Resolved that as recommended by the Committee of the Whole having met on March 81n
2021 Common Council approve the termination of Contract 2020-04: Sanitary Sewer
Structural Lining Phase IV — Various Locations between The City of Saint John and Clean
13
17
COMMON COUNCIL / CONSEIL COMMUNAL
March 08, 2021 / le 08 mars 2021
Water Works Inc. and that the Mayor and City Clerk be authorized to execute the
necessary documents.
MOTION CARRIED.
18. Adjournment
Moved by Deputy Mayor McAlary, seconded by Councillor MacKenzie:
RESOLVED that the meeting of Common Council held on March 8, 2021 be adjourned.
MOTION CARRIED.
The Mayor declared the meeting adjourned at 8:14 p.m.
14
im
COUNCIL REPORT
M&C No.
2021-073
Report Date
March 08, 2021
Meeting Date
March 22, 2021
Service Area
Finance and
Administrative Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: Spring 2021 - Refinancing Debenture Application
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner/Dept. Head
City Manager
Craig Lavigne
Kevin Fudge
John Collin
RECOMMENDATION
RESOLVED that occasion having arisen in the public interest for the following
Public Civic Works and needed Civic Improvements that the City of Saint John
proposes issue of the following debentures to be dated on or after March 11tn
2021:
REFINANCE DEBENTURES
Debenture No. BE 23- 2011 $ 10,330,000
(General Fund — $7,330,000 -5 years)
(General Fund — $3,000,000 -10 years)
Debenture No. BE 24 -2011 $7,000,000
(Water & Sewerage — 10 years)
TOTAL $ 17,330,000
THEREFORE RESOLVED that debentures be issued under provisions of the Acts of
Assembly 52, Victoria, Chapter 27, Section 29 and amendments thereto, to the
amount of $ 17,330,000
EXECUTIVE SUMMARY
Notice of motion was giving at the January 26, 2021 meeting of Common Council
regarding the need to refinance debentures totaling seventeen million, three
hundred and thirty thousand dollars ($17,330,000). This is not new City debt, it is
current debt that will be refinanced with new interest rates which is expected to
yield lower interest costs. The next step in the debenture financing is to submit
19
sa
application to the New Brunswick Municipal Finance Corporation. In order to
proceed with the debenture financing this recommendation requires Council's
adoption.
PREVIOUS RESOLUTION
M&C — 2021-026 — 2021 Spring Debenture Issue — Notice of Motion
REPORT
The New Brunswick Municipal Finance Corporation is planning a bond issue in the
near future and applications are to be submitted by end of March, 2021. While
the issue will not be sold until the Corporation feels that rates are reasonable, they
have provided ranges within which the issue could be sold. These are as follows:
Interest Rate: Not to exceed an average of 4.50%
Price, Net: Not to be less than $98.00 per $100.00 of debenture
Term: Serial form to mature in equal annual amounts over
a term not to exceed 10 years for the General Fund
and 10 years for the Water & Sewerage Utility for
refinanced debentures.
The amount to be borrowed is a result of the City's requirement to refinance
debentures issued in 2011. Market conditions in 2011 resulted in a fixed period
of ten years on the debentures even though the City typically borrows for 15 years
for General Capital and 20 years for Water and Sewerage.
There is interest rate risk for the City when debentures require refinancing. The
City has received debentures since 2012 that are for the full term and will not
require refinancing, therefor eliminating interest rate risk. The City has also
benefited from historically low interest rates when refinancing debentures.
Market conditions are still favorable and the City will see a reduction in interest
costs for these refinanced debentures.
Fib;j7[ A►"d1ffAIff#jfA LK�1�jCK�1��L�►]
N/A
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
N/A
ATTACHMENTS
N/A
20
COMMON COUNCIL REPORT
M&C No.
2021-075
Report Date
March 16, 2021
Meeting Date
March 22, 2021
Service Area
Legislative Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT. Sale of City Owned Lot being PID No. 28126 off Millidge Street
AUTHORIZATION
Primary Author
Commissioner/Dept. Head
City Manager
Curtis Langille
Melanie Tompkins
John Collin
RECOMMENDATION
That The City of Saint John sell the property bearing PID No. 28126, situated off
Millidge Street to Mr. Ronald Green (the Purchaser) at a purchase price of
$1,000.00 plus applicable taxes and fees with all costs associated with the
transaction to be born by the Purchaser, and further that the Mayor and City Clerk
be authorized to execute the documents necessary to effect the conveyance of
the subject property.
EXECUTIVE SUMMARY
Mr. Ronald Green has approached the City to purchase the 17 square metre, City
owned parcel, identified as PID No. 28126, situated off Millidge Street (see
attached). The proponent desires to acquire the City owned parcel to consolidate
it with one of his two adjoining properties, situated on either side of the City lot.
This additional land would allow the owner to carry out intended renovations to
his adjoining property. Real Estate Services has negotiated with the proponent to
sell the lot for $1,000.00, plus associated taxes and fees required to effect the
conveyance.
PREVIOUS RESOLUTION
N/A
REPORT
Mr. Ronald Green owns both properties located on either side of the City owned
parcel, identified as PID #28126 off Millidge Street. The proponent wishes to
acquire the small 17 square metre parcel to allow planned renovations to his
building. It appears this parcel was a remnant of a previous subdivision of land
and the City has no reason to retain the parcel.
21
-2-
This parcel of land has no real market value other than to the owner of the
adjoining property. Service NB has the parcel assessed at $200.00. The proponent
is prepared to purchase the parcel of land for $1,000.00 plus associated costs to
effect the land transfer. Considering the small size and the assessed value of this
parcel, staff considers this to be a fair offer.
No survey or subdivision plan is required for the transaction, and there is no cost
to the City in completing this transaction.
STRATEGIC ALIGNMENT
Revenue generation, cost avoidance and tax base growth are critical contributors
to the City's vision to become sustainable and to achieve growth and prosperity.
SERVICE AND FINANCIAL OUTCOMES
The sale of the City lot will result in a $1,000.00 benefit and the relief of a negligible
property tax levy. Intended renovations to the proponents dwelling will result in
a slight increase in tax base.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
Comments were received from Growth and Community Services (Planning) and
Utilities and Infrastructure Services. Their comments were included in this report
where applicable.
ATTACHMENTS
1. Location Map; and
2. Letter from Owner to acquire parcel of land.
22
of Saint John
PID #28126: Off Millidge Street
23
A.-tn. Curtis Langille
To Whom it May Concern9
I am writing concerning PID 251261ocated
on Moillidge Street in the city of Saint
3ohn9 county of Saint 3ohn9 province of
New Brunswicko
I would like to purchase this properly as it
adjoins properties I currently own9
located at 14 and 20-22 M0111"Idge Streeto
(PIDS 55126031 9 000312299 000315349
0002$159)0
There are plans which I have submitted to
the city of Saint Sohn for development on
these propertiesq but this small portion of
land (PID 28126) would impede some of
that development, I have inquired about
the current and past use of this property
and have found that it was a remnant
parcel from many years agog Possibly
before M*Ill*ldge Street was created and
there is no city infrastructure located on
0
Ito
My offer for this Property is $JLOOOoOO
(one thousand) plus taxes and feeso
I thank you for your time and
consideration with this venture and look
forwar
Ronal
P working together,
February 269 2021
25
}
COMMON COUNCIL REPORT
M&C No.
MC 2021-079
Report Date
March 16, 2021
Meeting Date
March 22, 2021
Service Area
Growth and Community
Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT. Economic and Community Recovery Program: On -Street Parking
Subsidy Pilot Program — Interim Update
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner/Dept. Head
City Manager
David Dobbelsteyn
Jacqueline Hamilton
John Collin
RECOMMENDATION
Be It resolved that the on -street parking pilot program, as implemented by Council
on January 25th, 2021 be extended for the month of April 2021, or until the
program funding provided to Uptown Saint John Inc runs out, whichever comes
first.
Council directed the City Manager to implement a temporary on -street parking
program on the advice of Growth Committee for the months of February and
March 2021. Staff received an interim report from Uptown Saint John that is
attached to this report. The report suggests that businesses and residents are
finding the pilot program beneficial. Since approximately $9,000 in program
funding is forecast to be unspent at the end of March, staff recommend the
program be extended into April until those funds run out. Uptown Saint John will
return with a final report at the completion of the program.
PREVIOUS RESOLUTION
On January 25th, 2021, Council approved the following resolution:
Whereas Common Council has implemented a Municipal Economic and
Community Recovery program in order to enable and accelerate local economic
and community activity in response to the current public health pandemic,
26
Now Therefore Be It Resolved that Common Council direct the City Manager
finalize a partnership with Uptown Saint John to implement and promote a
temporary on -street parking subsidy program.
Further Be It Resolved that the City direct up to $35,000 to be granted to Uptown
Saint John Inc. for the implementation of the On -Street Parking Subsidy Program
from the growth reserve funds already allocated to the Municipal Economic and
Community Recovery Program;
Further Be It Resolved that the City Manager be authorized to negotiate the terms
and conditions of the Program and Grant with Uptown Saint John;
Further Be It Resolved that the City Manager be authorized to implement the on -
street parking subsidy program until March 31, 2021 or until the program funding
is depleted, whichever comes first;
ILI9:7!11f06116F I&I'LTI&MILVA
Growth and Prosperity
This initiative aligns with the Council approved Municipal Economic and
Community Recovery [ENCORE] Program.
SERVICE AND FINANCIAL OUTCOMES
The City has provided $35,000 to Uptown Saint John to run this program through
the ENCORE program. Approximately $30,000 will return to the City as parking
revenue over the life of the program, while offering an hour of free parking to
hundreds of visitors to our Central Peninsula daily.
Based on the current rate of use, Uptown Saint John estimates that at the end of
March there will be just over $9,000 in program funds remaining. Extending the
program into April will provided induced financial relief to local businesses and
residents.
There is no additional cost to the city to extend the program into April until the
original funds run out.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
This report has been drafted in consultation with Growth and Community
Services, the City Manager's Office, the Saint John Parking Commission, and
Uptown Saint John Inc
ATTACHMENTS
USA Report to City of Saint John
27
SAINT JOHN
BUSINESS IMPROVEMENT ASSOCIATION
On -Street Parking
SubsidyProgram
Interim Report
Wm� Sarntleho
..ti arrisslan
ntmi
t:nmi5gpq Sur cr
9241knirxmr" do Sar+l hhr
C)
O
Program Overview
On January 25, 2021, His Worship Don Darling and Members of Common
Council allocated $35,000 to the On -Street Parking Subsidy Pilot Program from
the Municipal Economic and Community Recovery Fund. For the implemen-
tation and promotion of this program, the City partnered with the local business
improvement association Uptown Saint John Inc. This funding was to be used to
offer free parking to the public in the Uptown area using the HotSpot Parking app,
to a maximum of one free hour per day per user.
To date, the parking subsidy program has seen great success, with between $400
and $650 per day being returned to the City through HotSpot Parking. The
program has been promoted through various local radio stations, Facebook and
Instagram advertisements, posters around the Uptown area, and a large sign placed
in King's Square. Feedback from community members and Uptown business
owners has been positive, and HotSpot has seen significantly increased sign-ups for
monthly memberships.
There is potential to continue the parking subsidy program into April should funding
not be completely allocated by the end of March. If HotSpot sign-ups and daily free
parking users remain steady throughout the rest of March, there may be $9400
remaining from the $35,000 granted by the City.
Preliminary Parking Data
as of March 12, 2021. Data retrieved by HotSpot Parking Transit Taxis Inc.
• $9528.50 returned in
parking revenue
• $3261.65 spent on
marketing
• 6310 free parking sessions
• 223 new HotSpot sign-ups
for free parking
• 473 new HotSpot users
27 d
of free p
ataco
$497.4
• $4897.32 returned in
parking revenue between
March 1 and 11
• $12,515.42 proj*ected
monthly spend
• 124 new HotSpot sign-ups
for free pa rki ng
• 257 new HotSpot users
• $9457.10 remaining in
program budget
• Potential to extend program
for one to two weeks
Avg. 3
free sessions
per user
30
Business Survey
On March 8, a survey was sent to the 584 Uptown SaintJohn BIA members
for whom we have up-to-date contact information. The email was opened
by 174 recipients, resulting in a total of 46 survey views and 23 survey
responses.
93% of survey respondents were aware of the free parking program and
partnership with the City of Saint John. 35% of total respondents reported
that their customers had asked about the program, while 22% reported that
the free parking initiaitve had brought them new customers. On average,
business owners rated the program four out of five stars. Members provided
feedback which included a desire for HotSpot to waive the monthly sub-
scription fee, and praise from customers for the program.
503
survey responses
in two days
Do not have
t
Use the app
to get a free
hour of parking
69%
11% A Local Business
9% A Friend
6% Radio
3% Exterior Signage
1% Other
Have the app but
never use it
3%
Use the app
every day
Social Media
Use the app
occasionally
Where did you
hearabout
the program?
32
Next Steps
• Continue marketing and providing free parking until end of March
• Determine whether the program will continue into early April
• Continue to survey on -street parking users
Report prepared for City of Saint John staff . Information accurate at March 12, 2021.
Please contact allie(@uptownsj*.com with questions or concerns.
33
COMMON COUNCIL REPORT
M&C No.
MC 2021-081
Report Date
March 16, 2021
Meeting Date
March 22, 2021
Service Area
Growth and Community
Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: Proposed Public Hearing Date — 300 Sydney Street and 1210 Loch
Lomond Road
AUTHORIZATION
Primary Author
Commissioner/Dept. Head
City Manager
Jennifer Kirchner
Jacqueline Hamilton
I John Collin
RECOMMENDATION
RESOLVED That Common Council schedule the public hearings for the rezoning
application submitted by Parsi Development NB Ltd. for the property located at
300 Sydney Street, PID 00000034, and for the Section 59 Amendment submitted
by 693383 NB Inc for the property located at 1210 Loch Lomond Road, PID
55008593, for Monday, April 19, 2021 at 6:30 p.m. at the Council Chamber, City
Hall 2nd floor, 15 Market Square, Saint John, NB.
EXECUTIVE SUMMARY
The purpose of this report is to advise Common Council of the rezoning and
Section 59 Amendment applications received and to recommend an appropriate
public hearing date. The next available public hearing date is Monday, April 19,
2021.
PREVIOUS RESOLUTION
At its meeting of August 3, 2004, Common Council resolved that:
1. the Commissioner of Planning and Development receive all
applications for amendments to the Zoning By-law and Section 39
[now referred as section 59] resolutions/agreements and proceed
to prepare the required advertisements, and
2. when applications are received a report will be prepared
recommending the appropriate resolution setting the time and
place for public hearings and be referred to the Planning Advisory
Committee as required by the Community Planning Act.
34
-2-
REPORT
In response to the motion above, this report indicates the applications received
and recommends an appropriate public hearing date. Details of the application is
available in the Common Clerk's office and will form part of the documentation at
the public hearings.
The following applications has been received:
Name of
Location
Existing
Proposed Zone
Reason
Applicant
Zone
Parsi
300 Sydney
Major
High -Rise
To construct a
Development
Street (PID
Community
Residential (RH)
multiple unit
NB Limited
00000034)
Facility (CFM)
building
Name of
Location
Existing
Proposed
Reason
Applicant
Zone
Amendment
693383 NB
1210 Loch
General
Section 59
To construct a
Inc.
Lomond Road
Commercial
Amendment to
building to be
(PID
(CG)
allow for a
used for
55008593)
larger variety of
property
uses
management
STRATEGIC ALIGNMENT
While the holding of public hearings for proposed rezoning and Section 59
amendments is a legislative requirement of the Community Planning Act, it is also
a key component of a clear and consistent land development processes envisioned
in the One Stop Development Shop Program. These processes provide
transparency and predictability for the development community and City
residents.
On a broader note, the development approval process works towards fulfilling key
Council priorities including:
• ensuring Saint John has a competitive business environment for
investment,
• supporting business retention and attraction; and
• driving development in accordance with PlanSJ which creates the density
required for efficient infrastructure, services and economic growth.
SERVICE AND FINANCIAL OUTCOMES
The scheduling of the public hearing and referral to the Planning Advisory
Committee satisfies the legislative and service requirements as mandated by the
Community Planning Act.
35
-3-
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
Click here to enter text.
ATTACHMENTS
1►"e mm-
36
COMMON COUNCIL REPORT
M&C No.
2021-024
Report Date
March 15, 2021
Meeting Date
March 22, 2021
Service Area
Legislative Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT. Licence Agreement for Stage and Washroom at Pat Rocca Way (Market
Square Boardwalk)
AUTHORIZATION
Primary Author
Commissioner/Dept. Head
City Manager
Curtis Langille
Melanie Tompkins
John Collin
RECOMMENDATION
That The City of Saint John enter into a Licence Agreement with The Hardman Group
Limited and North Market Wharf Cultural Association Inc. in the form as attached to
M & C #2021-024 for the placement of a stage and washroom building/structure on a
portion of PID No. 18614, situated adjacent to Pat Rocca Way, also known as Market
Square Boardwalk, and further that the Mayor and City Clerk be authorized to execute
the said License Agreement.
EXECUTIVE SUMMARY
In 2017, the North Market Wharf Cultural Association (NMWCA) approached the City
as owner of the subject property to be a co -applicant for an ACOA funding application
that would result in renovations to the existing stage, located on the "Boardwalk" at
Market Square. Further funding became available for the NMWCA that provided for
the construction of a washroom/greenroom building, including wheelchair
accessibility. The above noted structures have since been completed. The purpose of
this report is for the City to enter into a Licence Agreement with the NMWCA and
Hardman Group to clarify that all ongoing operation and maintenance for these
structures, including liability and insurance, are the responsibility of these two
organizations.
PREVIOUS RESOLUTION
Common Council, at its meeting of August 8, 2017, resolved to approve the execution
of the Canada 150 Infrastructure Program Agreement to provide for renovations to
the existing stage, conditional upon the recipient contribution funds being received
by the City from North Market Wharf Cultural Association (NMWCA) and confirmation
by ACOA that such arrangement is acceptable and further that the Mayor and
Common Clerk be authorized to execute the Agreement.
REPORT
The NMWCA, a non-profit organization in association with the Hardman Group, the
lessee and manager of Market Square, aWroached the City as owner of the subject
sa
property to be a co -applicant for an ACOA funding application for what would result
in renovations to the stage. Further funding became available to the NMWCA to
enable the construction of a new washroom/greenroom structure with wheelchair
accessibility, adjacent to the stage. These structures are located on the outer edge of
Pat Rocca Way and are now completed.
The City's Legal Department prepared a Licence Agreement some time ago that
detailed the responsibilities of all parties involved while also ensuring the City is
protected from any liability. The terms and conditions contained in this Licence
Agreement require all ongoing operations and maintenance to be the responsibility
of the NMWCA and Hardman Group. This agreement will expire on June 30th, 2021.
It took the parties an extensive period of time to prepare and agree on the terms and
conditions of this agreement, and to obtain the signature of NMWCA and Hardman
Group on the agreement. Staff only recently received an executed version of the
agreement for inclusion in a Council report.
Moving forward, it is expected that this licence and the agreement for the patios on
the Boardwalk (which expired at the end of 2020) will be merged into one single
licence agreement. Staff will bring a report to Council on this matter at a later date,
when the negotiations of this arrangement are complete.
STRATEGIC ALIGNMENT
This aligns with Council's priority for a vibrant City that invests in arts, culture and
recreation experiences that create a sense of community pride.
SERVICE AND FINANCIAL OUTCOMES
This Licence Agreement provides for a nominal fee of $1,000.00 in each year of the 2-
years of the term of the agreement. These license fees will be collected as soon as
the license is approved by Council and fully executed. It is expected on a go -forward
basis that the new agreement will incorporate a market rent for the space to be
licensed for the washroom and stage facility.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
Several City departments were engaged in the preparation of this report and the
underlying Licence Agreement, including: Growth and Community Services, Utilities
and Infrastructure Services, the Parks division of Public Works and Transportation
Services and the General Counsel's Office. Their comments were included in this
report where applicable.
ATTACHMENT
Licence Agreement
99
'Au
THIS LICENCE made this day of ,-M-5
BY AND BETWEEN: THE CITY OF SAINT JOHN, of the County of Saint John and
the Province of New Brunswick, a body corporate (hereinafter
called the "City")
OF THE FIRST PART
-and-
THE HARDMAN GROUP LIMITED, of the City of Halifax,
Province of Nova Scotia, a body corporate (hereinafter called
"HGL")
OF THE SECOND PART
-and-
NORTH MARKET WHARF CULTURAL ASSOCIATION
INC., of the City of Saint John, a body corporate (hereinafter
called "NMWCA")
OF THE THIRD PART
WHEREAS HGL is the assignee and present lessee under a certain lease dated a% of the 14:` day of October
1980 entered into by The Market Square Corporation, as lessor, The Rocca Group Limited, as lessee, and
the City, as amended (hereinafter referred to as the "Head Lease");
AND WHEREAS NMWCA is a not -for -profit corporation which has been established by seNeral tenant.;
of HGL for the purpose of promoting and presenting events in the general area between St. Patrick Street
and the Hilton Hotel, now called "Pat Rocca Way", which is commonly referred to as the "Market Square
Boardwalk";
AND WHEREAS the City is the owner of the lands shown outlined in red in Schedule "A" annexed hereto
and forming a part hereof (hereinafter called the "Licensed Premises");
AND WHEREAS HGL and NMWCA have, together, asked for a licence from the City to use the Licensed
Premises for the purpose of erecting a stage to accommodate and facilitate musical and other live
entertainment on the Market Square Boardwalk together with an accessory structure that includes storage
space, a green room for performers, two barrier free washrooms and other incidental features that support
and compliment the aforementioned stage (together, the "Market Square Stage Complex"), as is more
fully in the design drawings depicted in Schedule "B" hereof;
39
AND WHEREAS the City agrees to grant such a licence upon the terms and conditions herein contained.
THE CITY HEREBY GRANTS, subject to the terms, conditions and provisions herein contained, to HGL
and NMWCA, its servants, agents, employees and invitees exclusive permission and license to enter upon,
use and exit from the Licensed Premises for the purpose of operating the Market Square Stage Complex,
as well as undertaking any activities reasonably and necessarily incidental thereto; provided that;
I . The term of the licence shall be from January 1 ", 2019 until June 30th, 2021 (tire "Term"). �
2. The annual Licence fee of One Thousand Dollars ($1,000.00) plus HST (if applicable) shall be
paid to the City on ,tune 1 ", 2019 and June 1 ", 2020.
3. Subject to the provisions of Paragraph IS hereof, HGL and NMWCA shall at all times during the
Term and at its own expense maintain the Licensed Premises in such order, condition and state of
repair as would a prudent owner, such maintenance to be to the satisfaction of the City. HGL and
NMWCA shall permit the City, its servants, agents and employees at all reasonable times for the
Term to enter upon the Licensed Premises forthe purpose of inspecting the state of repairor snaking
such repairs as the City may, from time to time, consider necessary and to be tine responsibility of
HGL and NMWCA, such repairs by the City are to the account of HGL and NMWCA and shall
be paid forthwith.
HGL and NMWCA shall use the Licensed Premises for the purpose of operating the Markel Square
Stage Complex together with any activity reasonably and necessarily incidental thereto and for no
other purpose.
S. HGL and NMWCA shall maintain the Licensed Premises at all times secure from unauthorized
use and occupation,
6. HGL and NMWCA shall conduct its business in and use the Licensed Premises in a reputable
manner, any business practice which in the opinion of the City may har,,t the reputation of the City
or reflect unfavourably on the City, or which may confuse, mislead or deceive the public shall
immediately be discontinued by HGL and NMWCA at the request of the City.
7. HGL and NMWCA shall accept the premises on an "as -is" basis and shall be responsible for all
maintenance and repair of the Licensed Premises,
8. HGL and NMWCA shall not, without the prior written consent of life Manager of Real Estate
Services, place any erections, additions or improvements upon the Licensed Premises, or alter the
Market Square Stage Complex on the Licensed Premises or any part thereof in any manner or
fashion.
9. (a) HGL and NMWCA shall, at no expense to the City, obtain and maintain in full
force and effect during the Term, a Commercial General Liability Insurance policy with
policy limits of not less than Five Million Dollars ($5,000,000.00) inclusive per occurrence
.m
for bodily injury and property damage; which policy shall name the City as an additional
insured and shall contain a cross -liability clause;
(b) HGL and NMWCA shall, on or before June I" in each and every year of the Term,
submit to the City a Certificate of Insurance or other satisfactory evidence of having
obtained and maintained the insurance coverage required at paragraph 9(a) hereof.
10. Notwithstanding the provisions of paragraph 9 hereof, HGL and NMWCA do hereby indemnify
and save harmless the City from all damages, claims, demands, actions, suits or other proceedings
from whomsoever made, brought or prosecuted in any manner as a result of injury, death or
property damage occurring in, or arising in connection with the exercise of the licence herein
granted, save and except those attributable to the negligence of the City, its sers-ants, employees
and agents.
11. (a) HGL and NMWCA shall ensure that no claims for mechanics' liens pursuant to
the Mechanics' Lien Act (New Brunswick) are filed in the Saint John County Registry
Office/New Brunswick Land Titles Office (Saint John) which will affect in any way the
Licensed Premises.
(b) Notwithstanding the provisions of paragraph 11(a) HGL and NMWCA do hereby
indemnify and save harmless the City from all damages, claims, demands, actions, suits or
other proceedings made brought or prosecuted in any manner pursuant to the Meclranic.s'
Lien Act (New Brunswick) that are attributable to the use and occupation of the Licensed
Premises by HGL and NMWCA.
12. HGL and NMWCA %hall promptly comply with and conform to the requirements of every federal
and provincial statute, rule, regulation and ordinance and every municipal by-law, rile, regulation,
order and ordinance at any time or from time to time in force affecting the use and occupation of
the Licensed Premises or any part thereof by HGL and NMWCA.
13. HGL and NMWCA shall not, without the written consent of the City, which consent shall not be
unreasonably withheld, assign or transfer or otherwise by any act or deed cause or permit the
benefit of the licence herein granted or any part thereof to be assigned or transferred unto any
person or persons whosoever other than a person who is a lessee under the Head Lease aforesaid
and who covenants with the City to perform all obligations of HGL and NMWCA as herein stated,
and further the City expressly prohibits sub -licensing and HGL and NMWCA agrees not to sub-
license or to make any assignment which may be construed as a sub -license. Notwithstanding the
foregoing provisions of this paragraph, HGL and NMWCA may by sub -license or otherwise by
any act or deed cause or permit the benefit of the Licence or any part thereof to be enjoyed by any
person who is a tenant of HGL from time to time in the Existing Buildings, as that term is defined
and used in the Head Lease.
14. In the event that the rights of an assignee or transferee of HGL and NMWCA under this licence
are at any time seized or taken in execution or attachment by a creditor of an assignee or transferee
of HGL and NMWCA, or such assignee or transferee of HGL and NMWCA makes an assignment
for the benefit of creditors, becomes bankrupt or insolvent or takes the benefit of any statute that
may be enforced for bankrupt or insolvent debtors, then this licence and Term shall become
forfeited and void.
41
4
15. This Licence may be terminated at any time by either party giving thirty (30) days' written notice
one to the other. Notice to thu City shall be to the Common Clerk by email at
commonclerk@saintjohn.ca. and to HGL and NMWCA by email at info@hardman rouP.ca and
peter@sjah.ca, respectively
16. The City retains the right to enter upon the Licensed Premises at any time and from time to time to
perform at the City's expense, any work normally appropriate in respect of "public" property and
to enter upon, dig up, inspect, maintain, replace, renew and repair any and all utilities thereon,
therein and thereunder including, but not limited to, sewer and water pipes. Provided that the City
shall use its best efforts to carry out such work expeditiously and, where possible, during those
periods of the year when the Licensed Premises are not in active use (i.e., the months of June to
October inclusive) and shall restore the Licensed Premises to their immediately preceding
condition upon completion of any such work.
17. HGL and NMWCA shall ensure that the access between St. Patrick Street and the Hilton Hotel,
now called "Pat Rocca Way", be kept clear of all obstacles and encroachments, and further, HGL
and NMWCA shall develop an emergency plan with and to the satisfaction of the Chief of the
City's Fire Department, for the clearing of "Pat Rocca Way" during such times as the Fire Chief
may from time to time require.
18. Upon the termination of this licence, HGL and NMWCA shall forthwith remove any and all
chattels situate on the Licensed Premises and leave the Licensed Premises in a good and tidy state
subject to normal wear and tear.
19. NotwithstandinY the provisions of paragraphs 15 and 18 hereof, the City reserves the right to
terminate this License should, in the sole opinion of the City, a more viable longer term
rede,,elopment opportunity present itself respecting the lands shown outlined in red in Schedule
"A". In such a circumstance, it shall be the obligation of HGL and NMWCA at their sole expense
to remove the Market Square Stage Complex and restore the Licensed Premises to the condition
they were in prior to the erection of the Market Square Stage Complex,
20. HGL and NMWCA shall ensure that the City may use the Market Square Stage Complex free of
charge for civic purposes, as identified and determined by the City Manager, provided that such
use on the part of the City does not conflict or otherwise interfere with events already scheduled.
21. Notwithstanding the general maintenance obligations of HGL and NMWCA, as identified more
frilly in the preceding paragraphs, HGL and NMWCA shall ensure that:
a. They are responsible for the maintenance and/or renewal of the water service connection
from the watermain to the structure.
b. All operation and maintenance of the private sewage system that services the two barrier -
free washrooms found in the Market Square Stage Complex, including any associated costs
or expenses, shall be the sole responsibility of HGL and NMWCA;
c. The private sewage system shall be routinely inspected, adjusted and pumped, as
necessary, to ensure good and orderly operation and to prevent odors, which shall be
carried out at the sole responsibility, cost and expense of HGL and NMWCA.
Maintenance of the variety described herein shall be completed before 8:OOam;
42
5
d. The private sewage system shall remain concealed from the public yet accessible for
service and maintenance;
At the discretion of the Commissioner of Saint John Water, if at any time there are concerns
on the part of the City respecting the integrity, reliability or performance of the private
sewage system, he or she may order in writing that HGL and NMWCA, at their sole
responsibility, cost and expense, install a service connection between said private sewage
system and the City's sewage infrastructure in accordance with a deadline set in writing
by the Commissioner, and to carry out any further work that the Commissioner deems
necessary to properly abandon or decommission the existing private sewage system,
f. Contact information shall be posted on the Market Square Stage Complex which outlines
who is to be contacted in the event that the private sewage system requires servicing.
g. If any part of the Market Square Stage'Complex must, in the sole opinion of the City, be
dismantled or removed in order to render City infrastructure accessible for the purpose of
carrying out service, repairs or replacements to same, HGL and NMWCA shall carry out
the written directive of the Commissioner of Saint John Water or the Commissioner of
Transportation and Environment Services, as the case may be, at their sole responsibility,
cost and expense, and shall reinstate the Market Square Stage Complex to the satisfaction
of the City Manager after the necessary service, replacement or repair work has been
completed.
IN WITNESS WHEREOF the parties hereto have set their corporate seals duly attested by the signatures
of their properly authorized officers respectively the day and year first above written.
SIGNED, SEALED AND DELIVERED)
in the presence of:
THE CITY OF SAINT JOHN
Mayor
Common Clerk
Common Council Resolution:
THE HARDMAN GROUP LIMITED
43
} And:
} NORYWMARKET WHARF CULTURAL
AS50CIATION INC.
}
7
COUNTY OF SAINT JOHN
PROVINCE OF NEW BRUNSWICK
I, , of the of t't , County of and Province of New Brunswick,
MAKE OATH AND SAY:
i. THAT I am the President of The Hardman Group Limited, the licensee named in the
foregoing instrument and have custody of the corporate seal of the said company and am duly
authorized to make this affidavit.
2. THAT the seal affixed to the foregoing agreement and purporting to be the corporate seal
of The Hardman Group Limited is the corporate seal of the said The Hardman Group Limited, the
contractor named in the foregoing instrument and it was affixed by the officer authorized to so
affix the seal.
3. THAT the signature "_[,11 N. dootb, - " subscribed to the said instrument is my
signature and as I am duly authorized to execute the said instrument. L `
4. THAT the said document was executed as aforesaid at the C+� of [ , in
the Province of Wq=4PwTsT0ek on the __t day of , 2020.
SWORN TO BEFORE ME at the )
C. t of )
in the County of }
and Pr vince of New Crupswick )
this day of , 2020 )
J
Commissioner of Oaths )
Being a Solicitor )
MICHAEL KENNEDY
A Bmobtrof the Supreme
Court of Nova Scotia
45
8
COUNTY OF SAINT JOHN
PROVINCE OF NEW BRUNSWICK
I, , of the of , County of 4 t- s and Province of New Brunswick,
MAKE OATH AND SAY:
5. THAT I am the President of North Market Wharf Cultural Association, the licensee named
in the foregoing instrument and have custody of the corporate seal of the said company and am
duly authorized to make this affidavit.
6. THAT the seed-t��k►e-.fa�gelftg-a� 4eme 4t-an -purporting to be-the_cor_p.ora#e seal
o€North Market Wharf Cultural Association i e seal rf
Cul ral e-Gentr-ader-named in-the-foregoinginstramErrt-arrd itwasaffixed-bythe
officer--atrt-h-c zedto-s a.
7. THAT the signature " 16eu " subscribed to the said instrument is my
signature and as I am duly aut rized to execute the said instrument.
8. THAT the said document was executed as aforesaid at the of in
the Province of New Brunswick on the )---,)--day of, ,,e. , /.- , 2020.
SWORN TO BEFORE ME at the )
of S r ' ✓c 4 )
in the County of S % .4 ,/ 4.)
and Province of New Brunswick )
this .2- _� day of - r.. /-; -2020 }
1
Being a Solicitor
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Q�T= �TIf -1
COMMON COUNCIL REPORT
M&C No.
2021-078
Report Date
March 16, 2021
Meeting Date
March 22, 2021
Service Area
Utilities and
Infrastructure Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: 2021 Engineering Inspection Services
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner/Dept. Head
City Manager
Susan Steven
J. Brent McGovern/
Michael Baker
John Collin
RECOMMENDATION
It is recommended that Common Council authorize staff to establish supply
agreements with the seven (7) consulting firms identified in the report, at the
hourly rates provided in this report totaling $785,000 plus HST for the
provision of engineering inspection services for the 2021 Capital Construction
projects.
EXECUTIVE SUMMARY
The purpose of this report is to have Common Council authorize staff to
establish supply agreements with the seven (7) consulting firms totaling
$785,000 plus HST for the provision of engineering inspection services.
M&C 2021-051 - February 22, 2021; Utility and General Fund — Revised 2021
Capital Programs approved
M&C 2019-203 - August 19, 2019; 2020 and 2021 General Fund Capital Budget
approved
M&C 2019-204 - August 19, 2019; 2020 and 2021 Utility Fund Capital Budget
approved
STRATEGIC ALIGNMENT
This report aligns with Council's Priority for Valued Service Delivery, specifically as
it relates to investing in sustainable City services and municipal infrastructure.
54
QDS'am2T low
REPORT
Common Council has approved the 2021 Water & Sewerage Utility Fund Capital
Program at $12,086,000 including HST and the 2021 General Fund (Storm &
Transportation) Capital Program at $8,903,350 including HST. These programs
include a total of twenty-one (21) construction projects.
A portion of the projects in the 2021 Capital Programs are being designed "in-
house" by City staff and will require engineering inspection services during
construction. There will be a requirement to provide engineering inspection for
approximately fourteen (14) "in-house" City staff designed projects during the
2021 construction season.
To ensure that adequate engineering inspection resources are available to the City
for the approved Capital Program projects, staff have issued a Request for
Proposal (RFP) for engineering inspection services. The RFP was issued to nine (9)
local consulting firms that have the appropriate resources on staff capable of
providing engineering inspection services on municipal type projects.
Seven (7) firms have submitted proposals in response to the RFP, providing
resumes for inspection resources including hourly rates. The seven (7) firms that
replied were:
• Brunswick Engineering & Consulting Inc.
• CBCL Limited
• Dillon Consulting Limited
• Englobe Corp.
• GEMTEC Consulting Engineers and Scientists Limited
• Stantec Consulting Ltd.
• WSP Canada Inc.
No single firm has the resources in place to provide all the required engineering
inspection services. The hourly rates submitted by the consultants with their
proposals were similar, so staff averaged the rates and established one hourly rate
for each of the three levels of inspectors: Junior, Intermediate and Senior as
follows:
Classification
Hourly Rate
Junior Inspector
$79
Intermediate Inspector
$89
Senior Inspector
$102
The hourly rates include all miscellaneous expenses (car, cellular telephone, digital
camera, etc.) and do not include HST. All seven (7) engineering firms have
confirmed they are in agreement with the above rates.
55
QDS'am2T low
The City will determine the appropriate level of inspector required for a given
project and then request the engineering inspection services from the seven (7)
consulting firms on a rotational basis.
SERVICE AND FINANCIAL OUTCOMES
The total overall cost for engineering inspection services for 2021 construction
projects is difficult to predict as there are several variables; most significant of
which is how many contractors and the number of construction crews that will be
working at a given time period. Staff has estimated the overall value of the
engineering inspection services for 2021 construction projects to be
approximately $785,000 plus 15% HST. This falls within the range of expected
costs for construction management services.
Funds to cover the cost of the engineering inspection service are included in the
approved Capital Program project budgets.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
The Request for Proposal document and this report have been reviewed with the
City's Supply Chain Management Department and they support the
recommendation being put forth.
ATTACHMENTS
N/A
56
COUNCIL REPORT
M&C No.
2021
Report Date
March 17, 2021
Meeting Date
March 22nd 2021
Service Area
Public Safety- Fire
Department
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: Fire Service Review Successful Proponent
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author(s)
Commissioner/Dept. Head
City Manager
Josh Hennessy
Kevin Fudge /
Ian Fogan / Kevin Clifford
John Collin
RECOMMENDATION
It is recommended that the proposal submitted by Pomax Consulting Inc. for the
Fire Service Review and Fifteen -Year Strategic Plan, in the amount of $95,800.00
plus HST, be accepted. Additionally, it is recommended that the Mayor and
Common Clerk be authorized to execute the necessary contract documents.
EXECUTIVE SUMMARY
In June of 2020 Common Council authorized a fire service review per the
recommendation of the 2020 Ernst & Young sustainability assessment. The
authorized fire service review is to consider the City of Saint John financial
position, the risk profile of the community, and applicable NFPA standards. The
review will map out a fire service strategy and applicable fire service level for the
City of Saint John for the next 15 years that is sustainable and viable.
With this guidance in place a request for proposal (RFP) was issued and Pomax
Consulting Inc. was the successful proponent.
PREVIOUS RESOLUTION
M&C No. 2020-154- Sustainability and Fire Service Workforce Adjustment
57
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I<11.7_1Ifi alley "reel 14,7111
This report aligns with Council's Priority for Vibrant Safe City as the fire service
review will ensure the future delivery of efficient/sustainable public safety
services address the evolving needs of the community.
Furthermore, this report demonstrates fiscal responsibility as the fire service
review must take into consideration all adopted financial policies of the City of
Saint John.
SERVICE AND FINANCIAL OUTCOMES
The fire service review shall identify an appropriate fire service level for the
community that cumulatively takes into consideration the affordability of the
service, the risk to the community and applicable standards. As identified in the
recent Ernst & Young City of Saint John Operational Review "an independent and
objective risk analysis to support current fire service levels has not been
completed in many years, including the response capabilities of some of the
industrial players." The successful proponent of the RFP is tasked to review the
Ernst & Young observations and complete the review per the deliverables of the
RFP as presented in Appendix A- RFP Particulars.
The review will include a community hazard risk assessment and a 15-year
actionable strategic plan that is based on the hazard risk profile of the City, the
financial position of the City and the appropriate best practice standards for
service delivery. This process will involve an oversight committee comprised of
City staff with finance, human resources, strategic services and fire service
subject matter expertise that will work with the proponent to ensure the best
outcome possible for the citizens of Saint John.
The fire service review will ensure that fire department resources are optimized
to match the current and future financial position of the City of Saint John and
ensure the best value for taxpayers in line with the City of Saint John
sustainability initiatives.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS — SUPPLY CHAIN
MANAGEMENT
Supply Chain Management facilitated the Request for Proposal (RFP) process to
solicit proposals for the Fire Service Review and Fifteen -Year Strategic Plan.
As such the RFP was issued on October 6, 2020 and closed on Thursday, October
29, 2020 with two (2) proponents responding as follows:
Emergency Management & Training Inc.
Pomax Consulting Inc.
- 3 -
A review committee, consisting of staff from the Saint John Fire Department,
Finance, the City Manager's Office, and Supply Chain Management reviewed the
submissions for completeness and compliance with the RFP requirements and
selection criteria consisting of the following:
1. Ability to Meet Deliverables and Objectives
2. Proponent's Experience
3. Cost
In accordance with the City's standard procedures, the committee members
evaluated and ranked each proposal based on the proposals' technical merits.
Following this, the financial proposals were opened and evaluated, and
corresponding scores were added to the technical scores.
Pomax Consulting Inc.'s proposal was ranked the highest based on an overall
rating of the evaluation criteria as well as offering a competitive cost acceptable
to staff.
The above processes are in accordance with the City's Procurement Policy and
Supply Chain Management support the recommendations being put forth.
Appendix A- RFP Particulars
59
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APPENDIX A - RFP PARTICULARS
A. The Deliverables
The proponent shall conduct a fire service review with the objective of creating a
fifteen -year fire service strategy for the City of Saint John. The fire service review
and fifteen -year fire service strategy will incorporate three main criteria as it
works to identify the appropriate service level(s) for the taxpayers of Saint John.
The three main criteria are: community risk assessment; benchmarking of NFPA
and other applicable standards; and adherence to the City's Financial Policies.
Background Information
Due to the City's sustainability needs and through recommendations in the Ernst
& Young 2020 report, Common Council resolved to close Fire Station 8 along
with Engine Company 8, effective December 31, 2020. Council also resolved to
examine the City's fire service from a response, deployment and risk mitigation
perspective, before instituting any additional equipment and personnel
reductions as recommended in the EY 2020 report.
���•1]�•Iy�i�L•]:Z:1
Council Resolution
The purpose of this Request for Proposal is to identify and engage a consultant
with the experience and ability to undertake a fire service review which
considers the City of Saint John financial position, the risk profile of the
community, and applicable National Fire Protection Association (NFPA) and
related standards. The review must also map out a fire service strategy and
applicable fire service level(s) for the City of Saint John for the next 15 years.
4fit 0Al14ZIgel y,11144�1•�
Objectives
I. Complete a review of the current state of the service delivery of the Saint
John Fire Department, to include but not limited to:
• Organizational design and governance,
• History, formation, and general description of the fire department,
• Service area and general demographics of the population,
• A description of the current service delivery infrastructure; and
• Review any current or draft performance goals, objectives, and measures
-5-
II. Complete a community risk assessment focusing on mandatory risk
profiles to include but not limited to:
• Geographic Profile,
• Building Stock Profile,
• Critical Infrastructure Profile,
• Demographic Profile,
• Hazard Profile,
• Public Safety Response Profile,
• Community Services Profile,
• Economic Profile; and
• Past Loss and Event History Profile
As part of the community risk assessment the proponent must address the risk
level matrix (probability and consequences) pertaining to the City of Saint John,
including strategies around prevention, mitigation, response, and recovery/
resiliency.
The proponent is to consider stakeholder consultations in the assessment of the
community risk profile. The proponent is also welcomed to provide any other
assessment tool(s) or best practices to facilitate the assessment.
III. Identification of Services Provided
Identification of all services provided by SJFD, including whether the service
provided is identified as a core or optional service or if there are services better
suited or economically advantageous to be done outside the fire department.
The analysis should outline why this service is being offered by SJFD and the
risks, if any, of discontinuing the optional services.
IV. Determine the cost for provision of existing services
Determine the cost of providing each of the services described above. The costs
shall include, but not be limited to, staff costs (pay, benefits, etc.), specialized
apparatus and or equipment costs that may be required for each of the services.
Results shalt be presented in a tabular form with explanatory notes. A historical
record of fire service cost shall be provided as part of the findings
V. Given the constraint of current departmental budget, complete a review
of the Saint John Fire Department deployment which will include, at minimum;
optimal apparatus type and placement, optimal station locations and future
response options (automatic aid, mutual aid, alternative personnel models,
organizational design, volunteers, etc.). This objective is to include but not
limited to:
• A review of current service delivery compared to industry benchmarks
61
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• Using the applicable NFPA standards, community risk profile and
geographical restrictions of the City of Saint John, the successful
proponent shall examine the current apparatus and response profile and
make recommendations as to the optimal apparatus types, distribution,
station locations and response utilization that will provide an acceptable
level of service to the community while sustaining fire service cost in
accordance with the financial policies of the City of Saint John.
• General locations of future necessary fire stations and create a 30-year
fire station plan
• Analysis of neighbouring departments and resources for mutual and
automatic aid or regionalization of services and how those arrangements
could integrate into the overall strategy
• Selection and deployment of apparatus by type
• Deployment of special units or resources including department's role as
medical first responders
• Distribution - Initial attack (first due) resources for risk -specific
intervention
• Concentration - effective response force assembly, or the initial resources
necessary to stop the escalation of the emergency for each risk type
VI. Long -Term Planning
Develop a 15-year plan to shape the SJFD to the recommended options as
outlined above including the identification of the fire service level that the
citizens can expect. As part (options to be explored) of long-term plan and
consistent with the above objective, the proponent is required to provide an
examination of the following (and not limited to) options:
Internal:
1- Strategy for adjusting to expenditure increases beyond financial policies
2 - Identification of cost efficiencies through emerging technologies
3 - Other as proposed by consultant External:
External:
1— Mutual Aid Agreements
2 - Automatic Aid Agreements
3 - Regional Fire Service
4 - Other as proposed by consultant
VII. Contingency Planning
The plan should identify a strategy of flexibility to accommodate expected areas
of growth as identified in PIanSJ or other related growth plans or documents
(specific projections to be given by staff during consultation). The 15-year plan
62
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should also include a strategy to keep departmental costs aligned to the financial
policies for the City of Saint John
Vill. Complete a performance management plan which will position the Saint
John Fire Department for success in the implementation and monitoring of the
15 Year Strategic Plan, to include:
• Illustrate the degree of benefit to be gained through its implementation
• Extent to which it achieves established performance targets
• Potential negative consequences
• Assignment of oversight responsibilities
• Schedule of assessments
• Review requirements
63
COMMON COUNCIL REPORT
M&C No.
2021-088
Report Date
March 18, 2021
Meeting Date
March 22, 2021
Service Area
Utilities and
Infrastructure Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT. Fundy Quay — Infrastructure Funding — Letters of Offer
AUTHORIZATION
Primary Author
Commissioner/Dept. Head
City Manager
Jeffrey Cyr
J. Brent McGovern
I John Collin
RECOMMENDATION
i. It is recommended that the City accept the offer by the Regional
Development Corporation for funding from the Community Development
Fund for the project entitled "13293 - Fundy Quay: Infill" as presented to
Council at its March 22, 2021 meeting and that the Mayor and Common
Clerk by authorized to execute the said offer.
2. It is recommended that the City accept the offer by the Regional
Development Corporation for the project entitled "12660 - City of Saint
John — Infrastructure" as presented to Council at its March 22, 2021
meeting and that the Mayor and Common Clerk by authorized to execute
the said offer.
EXECUTIVE SUMMARY
The overall infrastructure funding package for the Fundy Quay project is
comprised of a series of funding agreements with both the Provincial and Federal
Governments, with a total value of just over $18.4 Million. The purpose of this
report is to bring forward two infrastructure funding offers for the Fundy Quay
project which in addition to previously approved funding agreements represent a
substantial portion of the funding for the overall project. An additional two
funding agreements have been received for the public space projects and the
intention is to bring them before Common Council at or before its next regularly
scheduled meeting on April 61". Once approved, the four documents will legally
secure more than 95% of the Fundy Quay infrastructure funding package.
PREVIOUS RESOLUTION
At its February 22nd meeting, Common Council resolved that as recommended by
the City Manager in the submitted report entitled M&C 2021-052: Utility and
N
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General Fund — Revised Capital Programs, Common Council approve the revised
2021 Water and Sewerage Utility Fund Capital Budget in the amount of
$12,086,000 (gross) with contributions from other sources of $5,840,000 yielding
a net capital budget in the amount of $6,246,000 to be funded by pay as you go
(net) as set in Appendix A.; and further, Approve the revised 2021 General Fund
Capital Budget in the amount of $44,960,683 (gross) with contributions from other
sources of $29, 093,083, yielding a net Capital budget in the amount of
$15,867,600 to be funded by debt issue (net) as set in Appendix B.
REPORT
The Fundy Quay property represents one of the highest profile development
opportunities on the Atlantic Canadian Coast and the single greatest opportunity
to realize the transformation of Saint John's urban waterfront. A re -imagined
Fundy Quay will serve to enhance the Saint John urban experience through a mix
of uses such as retail and commercial space and services, specialty shops and
boutiques, residential condominiums and apartments, hospitality, entertainment,
cultural uses, green spaces, cafes, and transportation systems that will truly make
the site a vibrant catalyst for future waterfront activity.
As one of Saint John's three catalytic projects, Envision Saint John is providing
project leadership and management support for the Fundy Quay project, a
transformational waterfront development project for the City of Saint John.
Background
In spring of 2019, Develop Saint John (now Envision Saint John) embarked upon a
new strategy to pursue the development of the Fundy Quay property. The revised
strategy was to secure a developer to undertake a phased approach to the build
out of the site, while municipal infrastructure projects would address key barriers
and strategic infrastructure needs for the area. The municipal investment would
be recovered through the enhanced value of the property, Federal and Provincial
infrastructure funding, and property tax growth from the development.
Early in the process, DevelopSJ (now Envision Saint John) put out a call for
expressions of interest for the development of the property and submitted a
funding application through the Investing in Canada Infrastructure Program (ICIP).
Since then, an agreement was signed with Fundy Quay Developments Inc. (a
subsidiary of the Elias Management Group) for the development of the property
and in June of 2020, Provincial cabinet approved the infrastructure applications
and initiated the submission for Final Federal approvals.
With the formal announcement of the Provincial and Federal infrastructure
funding on February 19, 2021, the Fundy Quay project was formally launched at
Common Council at its February 22, 2021 meeting.
65
am
Tri-lateral Infrastructure Funding Agreements
The overall infrastructure funding package for the Fundy Quay project is
comprised of a series of funding agreements with both the Provincial and Federal
Governments with a total value of $18.4 Million. Currently, the City has executed
a funding agreement with the Federal government under the Disaster Mitigation
and Adaptation Fund (DMAF), valued at $3.27 Million. This report brings forward
two of the remaining four formal funding arrangements for Council approval and
execution, representing an additional $3,865,000 in Federal and Provincial
infrastructure funding. An additional two agreements have been received from
the Province for the public space projects representing $10,448,750 however
wording changes are currently being made and the documents are intended to be
brought before council at or before its next regular scheduled meeting on April
61". The remaining $825,000 is to be provided by the Province in the form
offsetting funding to other municipal projects through its Community
Development Fund. The table below outlines the funding contributions and
associated funding agreements.
Fundy Quay Tri-Lateral Funding Breakdown
Agreement(s)
Total Cost
Total Federal
Provincial
Municipal
Soil Remediation
N/A
$4,121,000
$0
$0
$4,121,000
Infill
GNB Community
$2,500,000
$0
$625,000
$1,875,000
Development Fund
Infrastructure Canada
Harbour Passage
Integrated Bilateral
Phase 1, Loyalist
Agreement
$9,995,000
$7,996,000
$0
$1,999,000
Plaza, and Pedway
Contribution
Agreement
Infrastructure Canada
Integrated Bilateral
Harbour Passage
Agreement
$2,675,000
$1,070,000
$1,382,750
$222,250
Extension, Phase 2
Contribution
Agreement
DMAF Agreement
(Executed)
Dividend Agreement
with the Elias
Seawall Repair
Management Group
$8,175,000
$3,270,000
$3,240,000
$1,665,000
(Executed)
Dividend Agreement
with the Province of
New Brunswick
(Executed)
Offsetting
Community
Applications being
Development Fund
prepared for
$0
$0
$825,000
($825,000)
Contribution to SJ
submission & approval
Capital Budget
•.
-4-
Total $27,466,000 $12,336,000 $6,072,750 1 $9,057,250
Seawall Repair: The seawall contribution agreement is a contribution to the seawall
project from the Province of New Brunswick of $3.24 Million, in addition to the Federal
contribution already secured. This funding lowers the overall cost of the Fundy Quay
project for the City of Saint John and helps to offset the municipal costs associated with
the soil remediation and management, which is not directly funded by any Federal or
Provincial funding programs. This component is conditional upon the City of Saint John
entering into agreements with the Developer and the Province of New Brunswick with
regards to repayment through dividends in the private sector development. These
agreements have already been approved by Common Council and executed by all parties.
Fundy Quay: Infill: The site infill agreement is a $625,000 contribution from the Province
of New Brunswick to support the infill of the Fundy Quay property, representing 25% of
the cost of this project component. This component is conditional upon the approval of
the other funding agreements relating to Fundy Quay.
Harbour Passage (Phase 1), Loyalist Plaza and Pedway Connection: This funding
agreement is through the Investing in Canada Infrastructure Program's Covid-19
Resiliency Stream. The value of this agreement contribution is $7,996,000 and covers 80%
of the cost of this project component. The City has received a signed copy of this
agreement however minor amendments have been requested to provisions of the
agreement. The Province has agreed to make these amendments and they are underway.
The agreement requires that construction begin by September 30t", 2021 and be
completed by December 31', 2021. It was noted in the previous Council report that the
entirety of this project cannot be completed within this timeframe and an extension will
be required. Staff at both the City and Envision Saint John continue to work with the
Provincial and Federal governments on an extension of this timeline. Additionally, a risk
management and phasing strategy is being prepared by the City's architectural and
engineering consultants to manage the risk associated with this aggressive timeline.
Fundy Quay- Harbour Passage Phase 2: This funding agreement is through the Investing
in Canada Infrastructure Program's Community, Culture and Recreation stream. The value
of this agreement contribution is $2,452,750 and covers 91.7% of the cost of this project
component. The City has received a signed copy of this agreement however minor
amendments have been requested to provisions of the agreement. The Province has
agreed to make these amendments and the change process is underway. Initiation of
project work must begin within 60 days of executing the agreement and the final
payments may be no later than March 31, 2024. Neither of these requirements are
perceived as project risks.
With the approval and execution of the attached two offers and the intention that the
additional two funding agreements be brought to Council on or before April 6t", the City
will have legally secured 95% of the Fundy Quay infrastructure funding package. Staff
continue to work towards securing the final $825,000 in offsetting project contributions
from the Province's Community Development Fund however this is being done on a
67
-5-
project basis as part of the City's recently revised and approved 2021 General Fund Capital
Program.
STRATEGIC ALIGNMENT
The development of the Fundy Quay is aligned with Council's priorities of Fiscal
Responsibility, Growth and Prosperity, and Vibrant Safe City and it is one of Saint
John's three catalytic projects. It is also a strategic Growth Concept identified in
the City's Central Peninsula Neighbourhood Plan.
SERVICE AND FINANCIAL OUTCOMES
The Fundy Quay public space improvements are part of a broader project to
transform Saint John's urban waterfront, with an agreement for private sector
development on the Fundy Quay site, creating a strong business case for the
project. The Ground Lease with Fundy Quay Developments Inc. is based on a
maximum value of $6.45M and will generate initial lease payments of $250,000
annually until purchased. The development of the site is anticipated to generate
$21VI - $31VI in annual property tax revenue at full build out and securing the
development has been instrumental in the approval of additional federal and
provincial infrastructure investments.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
The attached offers have been reviewed by the City's General Counsel office.
ATTACHMENTS
1. Site Infill Contribution Agreement with the Province of New Brunswick
2. Provincial Seawall Contribution Agreement with the Province of New
Brunswick
Bi W wick
C A N A D A
March 3, 2021
His Worship Don Darting
Mayor of Saint John
P.O. Box 1971
15 Market Square
Saint John, New Brunswick E2L 41_1
SUBJECT: Project No.: 13293
Project Name: Fundy Quay — Infill
Mr. Mayor:
We are pleased to inform you that the above -noted project has obtained support from the
Regional Development Corporation (RDC). A financial contribution up to $625,000 for City of
Saint John (the Applicant) has been approved for this project. Eligible costs and funding for this
project are described in Appendix A.
Financing Conditions
The Applicant must provide confirmation to RDC within 60 days of this offer that all other
financing has been obtained prior to release of any funds for the project.
Reimbursement Procedures
Any claim for reimbursement of the contribution must be supported by copies of invoices and
proof of payment of those invoices. Each claim shall be submitted by
March 31, 2023 on forms herein provided. Electronic copies may be obtained at:
www.gnb.calydc. All payments will be done by electronic funds transfer. Please complete the
attached Direct Deposit Service form.
Terms and Conditions
No public announcement of funding or milestone events such as official openings and
ribbon -cuttings shall be made by the Applicant without the prior written approval of RDC.
2. The Applicant shall not change the project scope, purpose or eligible costs without prior
written approval of RDC.
3. RDC may refuse further disbursements if there is a materially adverse change in the
financial position of the Applicant or status of the project.
Regional Development CorporatioNSociftB de dAveloppement r6glonal
P.O Box/C.P. 6000 Fredericton New BrunswicWNouvesu-Brunswick E3B 5H1 Canada
www.gnb.ca
��•
Page 2
4. Project work must begin within 60 days of RDC receiving confirmation of financing.
5. Funding is contingent upon both Federal and Municipal approval of all inter -related Fundy
Quay projects (Seawall #12660, Soil Infill #13293, Harbour Passage (Phase 1), Loyalist
Plaza and Pedway #13347 and Harbour Passage (Phase 2) #13823). Applicant must
provide proof of approvals prior to disbursement of funds.
6. The Applicant shall not sell or dispose of any assets purchased under this agreement for a
period of 36 months following the completion of this project without prior written approval
from an authorized representative of RDC.
7. The Applicant shall keep, for 36 months following project completion, all accounting books,
records and statements pertaining to project costs and make these available for auditing
and provide any statistical data required by RDC.
8. The Applicant must submit a final activity report on project outcomes to RDC within 30
days of project completion.
9. The Applicant shall allow any authorized representative of RDC reasonable access to the
project site(s) and information.
10. The Applicant shall indemnify and save harmless the provincial government from and
against all claims, demands, losses, damages, costs of any kind based upon any injury to
or death of a person or damage to or loss of property arising from any willful or negligent
act, omission or delay on the part of the applicant or its servants or agents in carrying out
the contract.
11. Any costs incurred prior to November 29, 2020 are not considered eligible expenses under
this offer.
12. The Applicant must adhere to all labour and environmental laws and regulations.
13. No Members of the Legislative Assembly, their staff, or their immediate family members
shall be a party to this project or derive any benefit arising therefrom.
14. Information and documents provided to RDC may be subject to release under Right to
Information and Protection of Privacy Act.
If you are in agreement with the terms and conditions of this offer, please sign and return it and
your Direct Deposit Service form to RDC at rdc-sdrCcDpnb.ca. Please note that failure to do so
within 45 days renders this offer null and void.
70
Page 3
All inquiries with respect to the project are to be forwarded to Sarah Robichaud at
Sarah. robichaud(ftnb.ca or (506) 453-5644.
We look forward to the successful completion of this project.
Sincerely,
Cade Libby
President
Enc.
cc: Hon. Arlene Dunn
Jennifer Brennan, RDC
Mayor:
Common Clerk:
Date:
This offer accepted on behalf of
City of Saint John for
Project: 13293 — Fundy Quay: Infill
71
Appendix A
Project 13293
City of Saint John — Infrastructure (Fundy Quay Infill)
Total Approved Contribution
2021-2022 Community Development Fund $625,000
Project Total: $625,000
Regional Development Corporation will reimburse 25% of eligible costs up to the total approved contribution.
Eligible Cost(s)
Project costs
$2,500,000
Total $2,500,000
The portion of Harmonized Sales Tax (HST) refunded by Canada Revenue Agency is considered ineligible.
72
New,&Ouveau
Brunswick
C A N A D A
January 22, 2021
His Worship Don Darling
Mayor of Saint John
P.O. Box 1971
15 Market Square
Saint John, New Brunswick E21- 41_1
SUBJECT: Project No.:12660
Project Name: Cl%p of Saint Jot -in - Infrastructure
Mr. Mayor.
We are pleased to infor'r you that the above -noted project has obtained support from the
Regional Development Corporation (=). A financial contribution up to $3,240,000 for City of
Saint John (the Applicant) has been approved for this project. Eligible costs and funding for this
project are described in Aopendix A.
Financing Conditions
The Applicant must provide confirmation to RDC within 60 days of this offer that all other
financing has been obtained prior to release of any funds for the project.
Reimbursement Procedures
Any claim for reimbursement of the contribution must be supported by copies of invoi os and
proof of payment of those invoices. Each claim shall be submitted - by
March 31 (annually) on forms herein provided. Electronic copies may be obtained at:
www.gnb.calydc. All payments will be done by electronic funds transfer. Please complete the
attached Direct Deposit Service form.
Terms and Conditions
1. This offer is conditional on the City, Fundy Ouay � )evelopment Inc. and RDC entering into
an agreement for repayment of the contribution to i : _IC by Fundy Quay Development Inc.
2. No public announcement of funding or milestone events such as official openings and
ribbon -cuttings shall be made by the Applicant without the prior written approval of PDC.
3. The Applicant shall not change the project scope, purpose or eligible costs without prior
written approval of RDC.
Regional Development corponadoNSocIft de d6vetoppement r6gionai
P.O. BWC.P. 8M Fredericton Now BnoiswkW touveau-Brunswick E311 5H7 Canada www.gnb.ca
73
Page 2
4. RDC may refuse further disbursements if there is a , tatenally advei -se change in the
financial position of the Applicant or status of the project.
5. Project work must begin within 60 days of RDC receiving confirmation of financing.
6. The Applicant shall not sell or dispose of any assets purchased under this agreement for a
period of 36 Months following the completion of this project without prior written approval
from an authorized representative of RDC.
7. The Applicant shall keep, for 36 months following project completion, all accounting books,
records and statements pertaining to project costs and make these available for auditinrl
and provide any statistical data required by ROC.
8. The Applicant must submit a progress and final activity reports on project outcomes to
I:UC within 30 clays of providing the reports to Infrastructure Canada (INFC) on the
Disaster Mitigation and Adaptation fund Seawall refurbishment project as outlined within
the City11NFC agreement.
9. The Applicant shall allow any authorized representative of Rr)C reasonable access to the
project site(s) and information.
10. The Applicant shall indenmifv and save harmless the provincial government from and
against all claims, demands, losses, damages, costs of any kind based upon any injury to
or death of a person or damage to or loss of property arising from any willful or negligent
act, omission or delay on the part of the applicant or its servants or agents in carrying out
the contras::.
11. Any costs incurred prior to March 1, 2020 are not considered eligible expenses under this
offer.
12. The Applicant must adhere to all labour and environmental laws and regulations.
13. No Members of the Legislative Assembly, their staff, or their immediate family members
shall be a party to this project or derive any benefit arising therefrom.
14. Information and documents provided to RDC may be subject to release under bight to
Infonmation and Protection of Privacy Act.
If you are in agreement with the terns and conditions of this offer, please sign and return if and
your Direct Deposit Service fortis to IDC at rdc7sdr rr gnb.ca. Please note that failure to do so
within 46 days renders this oiler null and void.
74
ay%
All inquiries with respect to the project are to be forwarded to Sarah Robichaud at
sarah.robichaud a@gnb.ca or (506) 453- 5644. .
We look forward to the successful completion of this project.
Sincerely,
Cade Libby,
President
Enc.
City of Saint John for
Project:12660 — City of Saint John - Infrastructure
Mayor:
Date:
Municipal Representative:
Date:
75
Appendix A
Project 12660
City of Saint John - Infrasb ucture
Total Approved Contribution
2020-2021 FTB Climate Change Initiative (IBA) $1,680,000
2021-2022 FTB Climate Change initiative (IBA) $1,560,000
Rojecl Total 53.740000
Regional Development Corporation will reimburse 40% of eligible costs up to the total approved contribution.
0111 ible Cost(s)
Engineering, design and the refurbishment of Cie seawall
Tof-al
$8,100,000
$8,10t1,000
The portion of Harmonized Sales Tax (HST) refunded by Canada Revenue Agency Is considered ineligible.
All direct and necessary expenditures incurred by the City of Saint John that are associated with acouiring, planning,
designing, constructing or rehabilitation of the seawall. Specifically, this includes:
• The engineering and design
• Replacement of the existing steel sheet pill wall
• Repair and refurbishment of the existing concrete cope -walls and concrete cribs; and
• Raising the seawall by approximately 1.5 meters.
76
M�MiflmOID
•
ABILITY_ CAPACITE_
NEW BRUNSWICK NOUVEAU-BRUNSWICK
Celebrating 65 years in NB — our mission
Our mission is to empower the independence and full community participation of persons
throughout New Brunswick who have a mobility disability. We can achieve this by:
• Being the primary voice for New Brunswickers of all ages living with a mobility disability;
• Being a leader in service delivery and an influential voice in Federal, Provincial and local
public policy development for persons with a mobility disability;
• Knowledge, expertise and lived experience;
• Being key partners in the rehabilitation, disability and research fields.
Populations we work
with
We work with children to • Multiple Sclerosis
seniors and everyone in-
between. The current
population we work with
are ages 2 to 108 !
• Spinal Cord Injury
• Muscular Dystrophy
• Cerebral Palsy
• Spina Bifida
• Amputation
• Am otro his Lateral
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Sclerosis
• Stroke,
• And others..
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Disability in NB
NB has the second highest rate of disability in Canada — 26.7% of the NB population (Statistics
Canada, 2017). Why?
Mobility is the MOST prevalent disability type in NB at 45.2% of all persons with disability, next
only to pain and flexibility disability types.
Over 73,000 New Brunswickers over the age of 15 have a mobility disability.
40% of New Brunswickers over 65 live with a disability; the most common is mobility.
Roadblocks
Advances in areas such a human rights, inclusion, community accessibility, technology, medical
care and rehabilitation DO NOT necessarily mean persons with a mobility disability are
experiencing a good quality of life.
Many people with a mobility disability face barriers due to poverty, lack of access to physical
activities, poor employment, and difficulty accessing post -secondary education. lack of
accessible transportation and inaccessible communities compound the problems, adversely
impacting health and community participation.
Opportunity)
Saint John...
• Uptown growth
• Revitalization of the
waterfront
• Rebuilding success in
cruise ship industry
• Discover Saint John
#SaintAwesome
Mit It
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Untapped labour market pool
55% of persons with a disability were employed in NB in 2017 compared to 77% of people
without a disability (Statistics Canada).
Only 38% of persons with a mobility disability in New Brunswick are employed (Statistics Canada,
2017).
There are 120,000 forecasted job openings between 2017-2027 (DPETL).
ANUNTAPPED
=LABOUR MARKET POOL
Economic Impact Assessment of Disability and Employment
8 Did You Know...
Persons with a disability represent
8hV a significant part of the (currently
lJ untapped) labour supply pool.
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There is growing
interest to transition
disability support
programs from
a framework of
income -support
to one of
employment -support.
Key Findings
Enhanced labour force
participation by persons with
a disability in New Brunswick
could result in up to:
J 29,705
Full-time equivalent positions
"1 $1.38 billion
In total annual labour income
$1.97 billion
In total annual GDP
$220 million
n annual provincial
tax revenue
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Data from New Brunswick suggests that, Thiwould equate to bringing
with proper accommodations, supports, and 21 ,318 persons
time, persons with a disability could demonstrate
labour market dynamics similar to those with a disability C5
demonstrated by persons without disabilities. into the active labour force.
The incremental development of an employment -support framework in New Brunswick would result
in immediate economic benefits every step of the way following a four -stage process through:
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Program New Program Shifting Concerted Community
Modifications Development Ideologies Development
Untapped labour
market pool
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ABILITY CAPACITE
NEW BRUNSWICK NOUVEAU-BRUNSWICK
An accessible NB —
Accessibility is good for business
The Royal Bank has reported that the combined disposable annual income for persons with a
disability in Canada is approximately $25 billion.
In North America alone, persons with a disability spend more than $13 billion each year on
travel.
Persons with a disability are often accompanied by friends and/or family when they shop,
travel, and eat out.
Universal design is cost-effective
Building more accessible municipal infrastructure, public facilities and transportation systems
may not add to building costs if universal design is incorporated in the initial stages of planning
and development.
Retrofitting existing infrastructure and buildings is more expensive.
Incorporating accessible design into planning and infrastructure development processes will
save resources over the long-term.
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StopGap measures
Barriers that get in the way of independence &
community involvement in Saint John
Curb cuts & ramps that are too hospitals and clinics, at narrow walkways, shrubbery
steep, not properly maintained or intersections, transit stops and hanging over sidewalks
contain abrupt changes in slope public facilities Playgrounds that do not offer
Lack of curb cuts Insufficient drop off -pick up areas accessible features
Unlevel areas at top and bottom
of ramps
Lack of accessible parking spaces —
size of spaces, markings, location,
number & enforcement
Lack of audible traffic signals at
key intersections
Gravel versus crusher dust
Inadequate lighting
Lack of textural changes & colour Heavy doors that are difficult to
contracts for staircases, entrances, open, automatic door openers
ramps and curb cuts that do not work
Lack of snow clearance near Sandwich boards or patios on
Lack of standards for recreation
facilities (current standards don't
work)
Door knobs that are difficult to
turn, versus lever handles
The future - Visitability
Visitability refers to newly constructed, single-family
homes with AT LEAST the following minimum
features:
• A zero -step entrance at the front, back or side
entrance of the house (Located on an accessible
route from the street)
• Wider doorways on all main floor doors
• A bathroom on the main floor (minimum
requirements include a sink, toilet, a wider doorway,
60 inch turning space).
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Towards an accessible Saint John...next steps?
• Start with accessible parking, review parking, prioritize accessible spaces?
• Bylaw that all playgrounds must have accessible features?
• Bylaw to incentivize visitable housing?
• Promote accessible destinations?
Resources
NB Barrier -free design building code regulation, http://laws.gnb.ca/en/ShowTdm/cr/2021-3//
Canadian Standards Association — Accessible design for the built environment
www.paranb.ca/publications/
Inclusive activities checklist
Facility accessibility checklist
Playground accessibility checklist
Accessible geocache checklist
Coming soon — Accessible campground checklist
Join our team
Facebook
I nstagra m
W� Twitter
YouTube
FI-1-1 Visit us at www.abilitynb.ca
Questions?
Haley Flaro
1.866.462.9555
Haley.flaro@abiIitynb.ca
BY-LAW NUMBER C.P. 111-108
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:
Rezoning a parcel of land having an area of
approximately 8,227 square metres, located at
3396 Loch Lomond Road, also identified as a
portion of PID No. 00330126, from Rural
Residential (RR) to Rural General Commercial
(CRG) 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 X, A.D. 2021 and signed by:
Mayor/Maire
ARRETE NO C.P. 111-108 ARRETE
MODIFIANT L'ARRETE DE ZONAGE DE
THE CITY OF SAINT JOHN
Lors d'une reunion du conseil
communal, The City of Saint John a decrete
ce qui suit :
L'arrete sur le zonage de The City of
Saint John, decrete le quinze (15) decembre
2014, est modifie par:
Rezonage d'une parcelle de terrain d'une
superficie d'environ 8,227 metres carres,
situee au 3396, rue Loch Lomond, egalement
identifie comme une partie de NID 00330126,
de zone residentielle rurale (RR) a zone
commerciale generale rurale (CRG)
conformement a une resolution adoptee par
le conseil municipal en vertu de I'article 59 de
la Loi sur I'urbanisme.
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 2021, avec les signatures
suivantes :
City Clerk/Greffier communal
First Reading - March 8, 2021 Premiere lecture - le 8 mars 2021
Second Reading - March 8, 2021 Deuxieme lecture - le 8 mars 2021
Third Reading - Troisieme lecture -
101
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
X
ch. Hillcrest3 a `och Lomond Rd' cs
Rd. - -S
a
N
FROM / DE TO / A
Rural Residential Rural General
Zone residentielle RR CRG CommercialZone commercials
rurale
generale 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: Hughes Surveys & Consultants Inc.
Location: 3396 Loch Lomond Road
PID(s)/NIP(s): Portion of/de 00330126
Considered by P.A.C./Considers par le C.C.U.:
Enacted by Council/Approuve par le Conseil:
Filed in Registry Office/Enregistre le:
By -Law #/Arrete #:
February 17 fevrier, 2021
Drawn by/Crese par: Andrew Pollock Date drawn/Carte crese: March 15 mars, 2021
102
Section 59 Conditions — 3396 Loch Lomond Road
That Common Council, pursuant to the provisions of Section 59 of the Community Planning Act, impose
the following conditions on a portion of a parcel of land having an area of approximately 8,227 square
metre, located at 3396 Loch Lomond Road, also identified as a portion of PID Number 00330126:
a. The parcel of land will be restricted to the following uses as identified in the Rural General
Commercial (CRG) Zone of the City of Saint John Zoning By-law:
• An Artist or Craftsperson Studio;
• Bed and breakfast;
• Business Office, subject to paragraph 11.11(3)(a) of the Zoning By-law;
• Contractor Service, Household;
• Dwelling unit;
• Garden Suite, subject to section 9.8 of the Zoning By-law;
• Home occupation, subject to section 9.9 of the Zoning By-law;
• Secondary suite, subject to section 9.13 of the Zoning By-law;
• Service and Repair, Household;
• Supportive housing, subject to section 9.14 of the Zoning By-law; and,
b. Only one of the above land uses mentioned in 2(a) can be established on the site, in addition
to a Dwelling Unit, at any one time.
c. The development and use of the parcel of land be in accordance with a detailed site plan,
prepared by the proponent and subject to the approval of the Development Officer, illustrating
the location of buildings and structures, garbage enclosures, driveway accesses, vehicle parking,
loading areas, landscaping, amenity spaces, signs, exterior lighting, and other such site features;
and the above site plan be attached to the permit application for the development of the parcel
of land.
d. The Development Officer shall not endorse any permit application for an additional residential
dwelling unless the existing shipping container in the area have been removed.
103
PLANNING ADVISORY COMMITTEE
February 18, 2021
His Worship Mayor Don Darling and
Members of Common Council
Your Worship and Councillors:
SUBJECT: Rezoning and Subdivision Application
3396 Loch Lomond Road
On January 25, 2021, Common Council referred the above matter to the
Planning Advisory Committee for a report and recommendation. The Committee
considered the attached report at its February 17, 2021 meeting.
The City of Saint John
In response to staff's presentation, the Committee questioned whether Lot 20-2
(garage lot) would comprise the full area down to Cooks Lake. Staff confirmed
that it would. The Subdivision will divide the property into a small lot for the one -
unit dwelling and a larger lot consisting of the garage and remaining property. In
response to a question regarding the condition to remove a shipping container on
site prior to issuance of a building permit, staff confirmed this enforcement
approach was consistent with other applications. The container is currently
buffered and the condition will allow time to remove the items without creating an
additional issue of outdoor storage.
The applicant, Rick Turner of Hughes Suveys Inc., was present. Mr. Turner noted
that the property owner, Bob Landry, agreed with the staff recommendation. He
stated that the proposed zone was an excellent fit and highlighted that the
neighbourhood was on board with the change. Mr. Turner further indicated that
the container will be removed once a house is built on the garage lot. In response
to a question on the timeline for construction on the house, Mr. Landry stated it
would be within the next couple of years.
The Committee voted unanimously to approve the staff recommendation.
RECOMMENDATION:
Page 1 of 3
104
Hughes Surveys Inc. 3396 Loch Lomond Road February 18, 2021
That Common Council rezone a portion of a parcel of land having an area
of approximately 8,227 square metres, located at 3396 Loch Lomond
Road, also identified as a portion of PID Number 00330126, from Rural
Residential (RR) to Rural General Commercial (CRG).
2. That Common Council, pursuant to the provisions of Section 59 of the
Community Planning Act, impose the following conditions on a portion of
a parcel of land having an area of approximately 8,227 square metre,
located at 3396 Loch Lomond Road, also identified as a portion of PID
Number 00330126:
a. The parcel of land will be restricted to the following uses as
identified in the Rural General Commercial (CRG) Zone of the City
of Saint John Zoning By-law:
• An Artist or Craftsperson Studio;
• Bed and breakfast;
• Business Office, subject to paragraph 11.11(3)(a) of the Zoning
By-law;
• Contractor Service, Household;
• Dwelling unit;
• Garden Suite, subject to section 9.8 of the Zoning By-law;
• Home occupation, subject to section 9.9 of the Zoning By-law;
• Secondary suite, subject to section 9.13 of the Zoning By-law;
• Service and Repair, Household;
• Supportive housing, subject to section 9.14 of the Zoning By-law;
and,
b. Only one of the above land uses mentioned in 2(a) can be
established on the site, in addition to a Dwelling Unit, at any one
time.
c. The development and use of the parcel of land be in accordance
with a detailed site plan, prepared by the proponent and subject to
the approval of the Development Officer, illustrating the location of
buildings and structures, garbage enclosures, driveway accesses,
vehicle parking, loading areas, landscaping, amenity spaces,
signs, exterior lighting, and other such site features; and the
above site plan be attached to the permit application for the
development of the parcel of land.
d. The Development Officer shall not endorse any permit application
for an additional residential dwelling unless the existing shipping
container in the area have been removed.
Page 2 of 3
105
Hughes Surveys Inc. 3396 Loch Lomond Road February 18, 2021
3. That upon third reading, Common Council accept a money in -lieu of Land
for Public Purposes dedication for the proposed "Robert M. Landry
Tentative Subdivision Plan" at 3396 Loch Lomond Road.
Respectfully submitted,
Alex Weaver Crawford
Chair
Attachments
1 — Staff Report
2 — Staff Presentation
3 — Letters
Page 3 of 3
106
COUNCIL REPORT
M&C No.
2021-074
Report Date
March 17, 2021
Meeting Date
March 22, 2021
Service Area
Growth and Community
Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: Supplementary Report — 215 Somerset Street Rezoning Application
OPEN OR CLOSED SESSION
This matter is to be discussed in Open Session of Common Council.
AUTHORIZATION
Primary Author
Commissioner/Dept. Head
City Manager
Mark O'Hearn
Jacqueline Hamilton
Phil Ouellette
John Collin
RECOMMENDATION
That Common Council adopt the following amended staff recommendation:
1. That Common Council rezone a parcel of land having an area of
approximately 923 square metres, located at 215 Somerset Street, also
identified as PID Number 00025130, from Two -Unit Residential (R2) to
General Commercial (CG).
2. That Common Council, pursuant to the provisions of Section 59 of the
Community Planning Act, impose the following conditions on the parcel
of land having an area of approximately 923 square metres, located at
215 Somerset Street, also identified as PID Number 00025130:
(a) Any non-residential use of the property be restricted to the
ground floor of the existing building having an approximate floor
area of 100 square metres and to the following uses:
(i) Artist or Craftsperson Studio;
(ii) Business Office;
(iii) Catering Business;
(iv) Clothing Maker;
(v) Medical Clinic;
107
-2-
(vi) Instructional Service;
(vii) Personal Service;
(viii) Pet Grooming;
(ix) Retail General, as a secondary use with any above use;
(b) Signage be limited to a maximum of one sign, being either a
ground sign, or a wall sign, or a projecting sign, with a maximum
sign face area of 1.88 square metres, and in the case of a ground
sign, that shrubbery be planted and maintained with such sign;
(c) The development and use of the parcel of land be in accordance
with detailed site and floor plans, prepared by the proponent and
subject to the approval of the Development Officer, illustrating
the location of buildings and structures, garbage enclosures,
driveway accesses, vehicle parking, loading areas, landscaping,
amenity spaces, signs, exterior lighting, and other such site
features; and
(d) The above site and floor plans be attached to the permit
application for the development of the parcel of land, and that all
required site improvements be completed no later than
September 30, 2021.
EXECUTIVE SUMMARY
The purpose of this report is to seek approval for an amendment to the
recommended Section 59 conditions for a rezoning application at 215 Somerset
Street. The original recommendation restricts signage to either one ground sign
or one wall sign. The applicant is now seeking permission to use a projecting sign
instead. Staff has no objection to the proposed projecting sign and recommends
the necessary amendment.
PREVIOUS RESOLUTION
At the November 9, 2020 public hearing, Common Council gave first and second
reading to the proposed rezoning at 215 Somerset Street.
REPORT
On November 9, 2020, Common Council gave first and second reading to a
proposed rezoning at 215 Somerset Street. Section 59 conditions were
recommended to help ensure neighbourhood compatibility. One of the
-3-
conditions limits signage to either one ground sign or to one wall sign, but not
both, with a maximum sign face area of 1.88 square metres.
The applicant originally intended to install a ground sign, but upon further
investigation believes that the visibility and maintenance of a ground sign will be
problematic due to the steep grade of the front yard from Somerset Street.
The applicant considered the placement of one wall sign on the front of the
building. However, due to the lower elevation and setback of the building, the
presence of a knoll, and the speed of motorists, the applicant believes two wall
signs will be needed to identify the business for motorists travelling in both
directions along the street (Attachment 1).
To limit the amount of signage, the applicant is requesting to instead install one
projecting sign on the front facade of the building (Attachment 2). The proposed
projecting sign has a sign face area of 1.14 square metres.
The one projecting sign will better address neighbourhood compatibility than
two wall signs. Staff recommends that the Section 59 signage condition be
amended to allow for the proposed projecting sign as requested by the
applicant.
STRATEGIC ALIGNMENT
Not applicable.
SERVICE AND FINANCIAL OUTCOMES
Not applicable.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
Not applicable.
ATTACHMENTS
Attachment 1: Wall Signs Proposal
Attachment 2: Projecting Sign Proposal
109
Attachment 1: WaH Signs Proposal
Ira Whisperer
s
Attachment 2: Projecting Sign Proposal
ill
BY-LAW NUMBER C.P. 111-106
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:
Rezoning a parcel of land having an
area of approximately 923 square
metres, located at 215 Somerset Street,
also identified as PID No. 00025130,
from Two -Unit Residential (R2) to
General Commercial (CG) 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 X, A.D.
2021 and signed by:
Mayor/Maire
ARRETE No C.P. 111-106
ARRETE MODIFIANT L'ARRETE DE
ZONAGE DE THE CITY OF SAINT
JOHN
Lors d'une reunion du conseil
communal, The City of Saint John a
decrete ce qui suit :
L'arrete sur le zonage de The
City of Saint John, decrete le quinze (15)
decembre 2014, est modifie par:
Rezonage d'une parcelle de terrain
d'une superficie d'environ 923 metres
carres, situee au 215, rue Somerset,
egalement identifie comme NID
00025130, de zone residentielle
bifamiliale (R2) a zone commerciale
generale (CG) conformement a une
resolution adoptee par le conseil
municipal en vertu de I'article 59 de la
Loi sur I'urbanisme.
- 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
2021, avec les signatures suivantes :
City Clerk/Greffier communal
First Reading — November 9, 2020 Premiere lecture — le 9 novembre 2020
Second Reading — November 9, 2020 Deuxieme lecture - le 9 novembre 2020
Third Reading - X Troisieme lecture - X
112
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
Two -Unit Residential General Commercial
Zone residentielle R2 =
CG Zone commerciale
bifamiliale generale
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: Maria Jimenez
Location: 215 Somerset Street
PID(s)/NIP(s): 00025130
Considered by P.A.C./Considers par le C.C.U.: October 20 octobre, 2020
Enacted by Council/Approuve par le Conseil:
Filed in Registry Office/Enregistre le:
By -Law #/Arrete #:
Drawn by/Crese par: Andrew Pollock Date drawn/Carte crese: March 5 mars, 2021
113
Section 59 Conditions — 215 Somerset Street
That Common Council, pursuant to the provisions of Section 59 of the Community Planning Act,
impose the following conditions on the parcel of land having an area of approximately 923 square
metres, located at 215 Somerset Street, also identified as PID Number 00025130:
(a) Any non-residential use of the property be restricted to the ground floor of the existing
building having an approximate floor area of 100 square metres and to the following uses:
(i) Artist or Craftsperson Studio;
(ii) Business Office;
(iii) Catering Business;
(iv) Clothing Maker;
(v) Medical Clinic;
(vi) Instructional Service;
(vii) Personal Service;
(viii) Pet Grooming;
(ix) Retail General, as a secondary use with any above use;
(b) Signage be limited to a maximum of one sign, being either a ground sign, or a wall sign,
or a projecting sign, with a maximum sign face area of 1.88 square metres, and in the
case of a ground sign, that shrubbery be planted and maintained with such sign;
(c) The development and use of the parcel of land be in accordance with detailed site and
floor plans, prepared by the proponent and subject to the approval of the Development
Officer, illustrating the location of buildings and structures, garbage enclosures,
driveway accesses, vehicle parking, loading areas, landscaping, amenity spaces, signs,
exterior lighting, and other such site features; and
(d) The above site and floor plans be attached to the permit application for the
development of the parcel of land, and that all required site improvements be
completed no later than September 30, 2021.
114
BY-LAW NUMBER C.P. 111-107
A LAW TO AMENDTHE 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, and further amended from time to time, is
amended follows:
1. Paragraph 12.4(8)(m) is amended by
deleting "Each application for a permit shall be
accompanied by a fee of one thousand and one
hundred dollars" and replacing it with "Each
application for a permit shall be accompanied by
the fee identified in Schedule `B" hereto."
2. Subparagraph 12.4(9)(a)(iv) is amended
by deleting "The fee set out in paragraph
12.4(8)(m) has been paid" and replacing it with
"The fee identified in Schedule `B" hereto has
been paid."
ARRETE NO C.P. 111-107
ARRETE MODIFIANT L'ARRETE DE
ZONAGE DE THE CITY OF SAINT JOHN
Lors d'une reunion du conseil communal, The
City of Saint John a decrete ce qui suit :
L'Arret& de zonage de The City of Saint John,
decrete le quinze (15) d&cembre 2014, et modifie a
nouveau de temps a autre, est modifie comme suit:
1. L'alinea 12.4(8)m) est modifie par la
suppression des mots « est accompagn&e d'un
droit de 1 100 $ » et leur remplacement par les
mots « est accompagnee d'un droit prevu a
1'annexe « B » ci jointe. »
2. Le sous-alinea 12.4(9)a)(iv) est modifie
par la suppression des mots « le droit fix& a
l'alinea 12.4(8)m) a &t& pay& » et leur
remplacement par les mots « le droit pr&vu a
1'annexe « B » ci jointe a et& pay&.
3. Subsection 2.11(c) is deleted and 3. Le paragraphe 2.11(c) est supprime et
replaced with the following language: remplac& par le texte suivant :
2.11(c) (A) The Development Officer shall
accept for consideration an application for a
development permit when:
(i) A completed application, in a
form prescribed by the
Development Officer, has
been received;
(ii) The information submitted
appears correct and adequate
to determine compliance with
the standards of this By-law
2.11(c) A) L' agent d' amenagement accepte pour
examen une demande pour un permis
d'amenagement lorsque :
i) Une demande remplie, sous la
forme prescrite par 1'agent
d'am&nagement, a ete reque;
ii) L'information presentee semble
correcte et appropri&e pour
determiner la conformit& avec les
normes &tablies dans le present
115
-2-
and the Municipal
Development Plan; and
(iii)The full application fee as
required in Schedule `B" has
been received by the
Development Officer, but
where the proposed
development requires a
building permit, no fee shall
be required for the
development permit.
(B) When a development has commenced
prior to the issuance of a development
permit, the fee identified in Schedule "B"
shall be two (2) times the fee listed
therein.
(C) When an applicant cancels a
development permit prior to the
Development Officer rendering a
decision to approve or deny the
application, the applicant shall receive a
refund of sixty (60) percent of the fee
identified in Schedule `B". No refund
will be provided for an application
cancelled after the Development Officer
has rendered a decision on the
application.
arrete et dans le plan
d'amenagement municipal;
iii) L'agent d'amenagement a reru la
totalite des droits de demande
exiges dans 1'annexe « B », mais
lorsque 1'amenagement propose
requiert un permis de
construction, aucun droit n'est
exige pour le permis
d' amenagement.
B) Lorsqu'un amenagement a commence
avant la delivrance d'un permis
d'amenagement, le droit a payer sera deux
(2) fois le droit prevu a 1'annexe « B ».
C) Lorsqu'un demandeur annule un
permis d'amenagement avant que 1'agent
d'amenagement ait rendu une decision
d'approuver ou de rejeter la demande, le
demandeur regoit un remboursement
equivalent a soixante (60) pour cent du
droit prevu a 1'annexe « B ». Aucun
remboursement ne sera effectue pour une
demande annulee apres que 1'agent
d'amenagement a rendu une decision sur
la demande.
4. Schedule `B" is deleted and replaced 4. L'annexe «B» est
with the following language: remplacee par le texte suivant:
supprimee et
116
-3-
Schedule B: Fees
Except as otherwise provided in this By-law, the following fees are required concerning
any matter considered by Council, the Committee or the Development Officer:
Type of application or service
Required application fee
(a) Conditional Use
$350.00
(b) Encroachment in Good Faith
$165.00
(c) Non -conforming Use (Council)
$250.00
(d) Non -conforming Use (Committee)
$350.00
(e) Satisfactory Servicing (Council)
$350.00
(f) Section 59 Amendments
$2,650.00
(g) Similar or Compatible uses
$350.00
(h) Temporary Approval
$350.00
(i) Variances
Tier 1 and Tier 2
$200.00 for up to five (5) variances,
$50.00 for each variance after six (6).
Committee Variances
$400.00 for up to five (5) variances,
$100.00 for each variance after six (6)
(j) Zoning By-law Amendment
$2,650.00
(k) Zoning By-law Amendment requiring
a Municipal Plan Amendment
$3,700.00
(1) Zoning Confirmation or Compliance
Letter
$120.00 per hour
(m)Development Permits
$200.00
(n) Pit and Quarry Development Permit
$1,500.00
117
Annexe B : Droits
Sauf disposition contraire du pr6sent arret6, les droits qui suivent doivent &re vers6s a
1'6gard de 1'examen par le conseil, le comit6 on 1'agent d'am6nagement des demandes on
services suivants :
Type de demande ou de service
Droit de demande prescrit
(a) Usage conditionnel
350.00 $
(b) Empi6tement de bonne foi
165.00 $
(c) Usage non conforme (conseil)
250.00 $
(d) Usage non conforme (comit6)
350.00 $
(e) Viabilisation satisfaisante (conseil)
350.00 $
(f) Modifications aux conditions impos6es
en vertu de Particle 59
2 650.00 $
(g) Usages similaires ou compatibles
350.00 $
(h) Approbation temporaire
350.00 $
(i) Derogations
De niveau 1 et de niveau 2
200.00 $ jusqu'a cinq (5) d6rogations,
50.00 $ pour chaque d6rogation apres cinq
(5).
D6rogations (comit6)
400.00 $ jusqu'a 5 d6rogations, 100.00 $
pour chaque d6rogation apres cinq (5).
0) Modification a 1'Arret6 de zonage
2 650.00 $
(k) Modification a 1'Arret6 de zonage
exigeant une modification du plan
municipal
3 700.00 $
(1) Lettre de confirmation ou de conformit6
de zonage
120.00 $1'heure
(m)Permis d'am6nagement
200.00 $
(n) Permis d'am6nagement pour les
carrieres et gravieres
1 500.00 $
118
-5-
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. 2021 and signed by:
EN FOI DE QUOI, The City of Saint John a fait
apposer son sceau communal sur le present
arrete 2021, avec les signatures
suivantes
Mayor/Maire
City Clerk/Greffier communal
First Reading - March 8, 2021 Premiere lecture - le 8 mars 2021
Second Reading - March 8, 2021 Deuxieme lecture - le 8 mars 2021
Third Reading Troisieme lecture
119
BY-LAW NUMBER HC-1
A LAW TO AMEND
THE SAINT JOHN HERITAGE CONSERVATION AREAS BY-LAW
Be it enacted by The City of Saint John in Common Council convened, as follows:
The Saint John Heritage Conservation Areas By -Law, enacted on the 23rd day of September, A.D. 2019, is
amended as follows:
1. Deleting subsection 6 (2) (c) and replacing with the following:
"(c) the applicable fee set out in Schedule "K", as determined by the Heritage Officer, has been paid in
full."
2. Adding the following subsection, immediately following subsection 6 (10):
"6 (11) The applicable fee under Schedule "K" shall be increased by an amount of double the amount
required in subsection 6 (2) (c) when any development is undertaken before a Heritage Permit
authorizing such development has been issued, except where the development is subject to a fee of $0
under Schedule "K", as determined by the Heritage Officer, in which case the fee shall be $200."
3. Deleting Schedule K: Fees and replacing with the following:
Schedule K: Fees
The fees referred to in this By -Law are as follows:
Developments pursuant to Section 7 that have commenced without a Heritage Permit
having been issued
$200
Developments designated by the Heritage Officer as a Tier 3 infill development
pursuant to Section 8
Estimated Project Value:
Less than $1,000,000
$1,000,000 - $4,000,000
Greater than $4,000,000
$1,000
$2,000
$3,000
Developments which include demolition, removal or relocation pursuant to Section 9
$2,000
All other developments
$0
Changes to issued Heritage Permits which require Board review
$200
Research cost for a request to remove a property or properties from designation in this
By -Law
$1,000 per
PID
IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of said City to be
affixed to this by-law the _ day of , A.D. 2021 and signed by:
120
ARRETE No HC-1
ARRETE MODIFIANT
UARRETE SUR LES SECTEURS DE CONSERVATION DU PATRIMOINE DE SAINT JOHN
Le conseil communal de The City of Saint John, etant reuni, edicte ce qui suit :
L'Arrete sur les secteurs de conservation du patrimoine de Saint John, edicte le 23 septembre 2019, est
ainsi modifie:
1. L'article 6 est modifie par suppression de I'alinea 6(2)c) et son remplacement par ce qui suit :
« c) les droits applicables enonces a I'annexe K, selon la decision de I'agent du patrimoine, ont ete
verses integralement.
2. L'article 6 est modifie par adjonction du paragraphe suivant apres le paragraphe 6(10) :
c 6(11) Lorsqu'un amenagement est entrepris avant la delivrance du permis du patrimoine
I'autorisant, les droits applicables prevus a I'annexe K sont augmentes d'un montant correspondant au
double du montant prescrit par I'alinea 6(2)c), sauf lorsque I'amenagement est assujetti a des droits de
0 $ conformement a I'annexe K, selon la decision de I'agent du patrimoine, auquel cas le droit sera de
200 $.
3. L'annexe K — Droits est abrogee et remplacee par ce qui suit :
Annexe k— Droits
Les droits de demande mentionnes clans le present arrete sont les suivants :
Amenagements vises a I'article 7 qui ont ete entrepris sans qu'un permis de patrimoine
200 $
Wait ete delivre
Amenagements que I'agent du patrimoine designe amenagements (edification sur
terrain intercalaire) — classement de niveau 3 au titre de I'article 8
Valeur estimative du projet
Inferieure a 1 000 000 $
1 000 $
Entre 1 000 000 $ et 4 000 000 $
2 000 $
Superieure a 4 000 000 $
3 000 $
Amenagements comportant des travaux de demolition, d'enlevement ou de
2 000 $
deplacement vises a I'article 9
Autres amenagements
0 $
Modifications a un permis de patrimoine delivre qui doivent etre approuves par le
200 $
Comite
Frais de recherche afferents a une demande de suppression d'un ou de plusieurs biens
1000 $ par
d'une designation au titre du present arrete
NID
121
EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrW le
2021, avec les signatures suivantes :
Mayor/Maire
City Clerk/Greffier communal
First Reading - March 8, 2021 Premiere lecture - le 8 mars 2021
Second Reading - March 8, 2021 Deuxieme lecture - le 8 mars 2021
Third Reading - Troisieme lecture -
3
122
BY-LAW NUMBER HC-1
A LAW TO AMEND
THE SAINT JOHN HERITAGE CONSERVATION AREAS BY-LAW
Be it enacted by The City of Saint John in Common Council convened, as follows:
The Saint John Heritage Conservation Areas By -Law, enacted on the twenty-third day of September, A.D.
2019, is amended by:
1. Adding immediately after Schedule O, the following schedule:
"Schedule P -Tier Three Developments"
2. Adding the following Subsection, immediately following Subsection 8.2 (2):
"8.3 Notwithstanding the conservation of the existing structure, pursuant to
Subsection 8 (5)(c)(iii) any building or structure, or portion thereof, erected upon the
parcel of land identified by Parcel Identification (PID) Number 55224539 shall be
constructed in all material respects in accordance with the plans forming Package "A" to
Schedule P of this By -Law."
ARRETE N HC-1
ARRETE MODIFIANT
UARRETE SUR LES SECTEURS DE CONSERVATION DU PATROMOINE DE SAINT JOHN
Le conseil communal de The City of Saint John, etant reuni, edicte ce qui suit :
L'Arrete sur les secteurs de conservation du patrimoine de Saint John, edicte le 23 septembre 2019, est
ainsi modifie :
1. L'annexe qui suit est ajoutee immediatement apres I'annexe O :
Annexe P — Amenagements de niveau 3 »
2. Le paragraphe qui suit est ajoute immediatement apres le paragraphe 8.2(2) :
8.3 Malgre la conservation de la construction existante, au titre du sous-alinea
8(5)c)(iii), la construction d'un batiment ou d'une construction, ou d'une partie d'un
batiment ou d'une construction, sur la parcelle designee par le NID 55224539 se fera a
tous les egards importants en conformite avec les plans qui constituent 1'ensemble « A »
de I'annexe P du present arrete. »
Mayor/Maire
City Clerk/Greffier communal
First Reading - March 8, 2021 Premiere lecture - le 8 mars 2021
Second Reading - March 8, 2021 Deuxieme lecture - le 8 mars 2021
Third Reading - Troisieme lecture -
123
THE CITY OF SAINT JOHN
NEW BRUNSWICK
A By-law respecting the
Reduction of Single -Use
Plastic Bags in The City of
Saint John
By-law Number LG - 12
An uncertified copy of this by-law
is available online
Arrete concernant la
reduction des sacs en
plastique a usage unique
dans The City of Saint John
Arrete numero LG - 12
Une copie non certifiee de Farr&&
est disponible en ligne
124
-2-
TABLE OF CONTENTS
TABLE DES MATIERES
Section
Description
Page
Article
Designation
Page
Recitals
3
Pr6ambule
3
1
Title
4
1
Titre
4
2
Definitions
4
2
Definitions
4
3
Interpretation
5
3
Interpretation
5
4
Checkout Bag Prohibition
6
4
Interdiction relative aux sacs a
6
emplettes
5
Exemptions
6
5
Exceptions
6
6
Inspections
8
6
Inspections
8
7
Enforcement
8
7
Application
8
8
Offences
8
8
Infractions
8
9
Administrative Penalties
9
9
P6nalit6s administratives
9
10
Commencement
9
10
Entr&e en vigueur
9
125
-3-
RECITALS
AND WHEREAS, The City of Saint John deems
it advisable to pass this by-law because it will
establish standards to regulate and control the use
of plastic bags in The City of Saint John;
AND WHEREAS, paragraph 10(1)(b) of the
Local Governance Act, S.N.B.2017, c.18,
authorizes a local government to make by-laws
respecting people, activities and things in, on or
near a public place or place that is open to the
public;
AND WHEREAS, paragraph 10(1)(c) of the
Local Governance Act, S.N.B.2017, c.18,
authorizes a local government to make by-laws
respecting nuisances, including noise, pollution
and waste in or on public or private property;
AND WHEREAS, section 147 of the Local
Governance Act, states that a local government
may, by by-law, provide that a person who
violates or fails to comply with any provision of a
by-law commits an offence;
AND WHEREAS, subsection 156(1) of the Local
Governance Act, states that a local government
may require administrative penalties to be paid in
respect of a contravention of a provision of a by-
law of the local government;
AND WHEREAS, notice of this by-law, and of
the Common Council meeting at which this By-
law was discussed, was provided in accordance
with the provisions of the Local Governance Act.
NOW THEREFORE, the Common Council of
The City of Saint John, enacts as follows:
PREAMBULE
ATTENDU QUE, The City of Saint John juge
opportun de prendre le pr6sent arr6t6 destine a
r6glementer et contr6ler l'utilisation des sacs en
plastique dans The City Saint John; et
ATTENDU QUE,1'alin6a 10(1)b) de la Loi sur la
gouvernance locale, L.N.-B. 2017, ch. 18, autorise
un gouvernement local a prendre des arr6t6s
concernant les activit6s qui prennent place dans
des lieux publics ou des lieux ouverts au public,
ou pres de tels lieux, de meme que les personnel
et les objets qui s'y trouvent; et
ATTENDU QUE,1'alin6a 10(1)c) de la Loi sur la
gouvernance locale, L.N.-B. 2017, ch. 18, autorise
un gouvernement local a prendre des arret6s
concernant les nuisances, dont le bruit, la pollution
et les d6chets dans ou sur des biens publics ou
priv6s ; et
ATTENDU QUE, Particle 147 de la Loi sur la
gouvernance locale, pr&voit que, par voie d'arr&&,
un gouvernement local peut pr6voir que commet
une infraction quiconque contrevient ou omet de
se conformer a quelque disposition que ce soit
d'un arret6; et
ATTENDU QUE, le paragraphe 156(1) de la Loi
sur la gouvernance locale, pr6voit qu'un
gouvernement local peut exiger le paiement de
p6nalit6s administratives relativement a toute
contravention a une disposition d'un arr&6 du
gouvernement local; et
ATTENDU QUE, avis du pr6sent arr6t6 et de la
r6union du conseil communal a laquelle it a &6
d6battu a &6 donn6 conform6ment a la Loi sur la
gouvernance locale.
A CES CAUSES, le conseil communal de The
City of Saint John 6dicte :
126
Title
Titre
1 This By-law may be cited as the Plastic 1 Titre usuel: Arrete sur la reduction des sacs
Bag Reduction By-law (hereinafter the `By-law"). en plastique (ci-apres « 1'arrete »).
Definitions
2 The following definitions apply in this By-law:
"business" means any corporation, individual,
partnership or co-operative association engaged in
a retail operation and, for the purposes of
section 4, includes a person employed by, or
acting on behalf of, a business; (entreprise)
"by-law enforcement officer" means a by-law
enforcement officer appointed pursuant to
section 72 of the Local Governance Act, and
designated by resolution by Common Council;
(agent charge de l'execution des arretes)
"checkout bag" means:
(a) any bag intended to be used by a
customer for the purpose of transporting
items purchased or received by the
customer from the business providing the
bag, or
(b) a bag used to package take-out
food or food to be delivered,
and includes a paper bag or plastic bag, but does
not include a reusable bag; (sac a emplettes)
Definitions
2 Les definitions qui suivent s'appliquent au
present arrete :
entreprise » toute societe, personne ou
association cooperative ou tout partenariat
s'adonnant a des operations de vente au detail;
sont notamment visees, pour 1'application de
Particle 4, le personnes employees par une
entreprise ou agissant pour son compte; (business)
«agent charge de 11execution des arretes »
designe un agent charge de 1'execution des arretes
nomme conformement a Particle 72 de la Loi sur
la gouvernance locale, et designe par resolution
par le conseil communal; (by-law enforcement
officer)
sac a emplettes » s'entend notamment d'un sac
en papier ou d'un sac en plastique, a 1'exclusion
d'un sac reutilisable, qui est destine a Tune ou
1'autre des fins suivantes:
a) l'utilisation par un client pour
transporter les objets qu'il a achetes ou
regus de 1'entreprise qui lui fournit le sac;
b) 1'emballage de mets a emporter ou
A livrer; (checkout bag)
"City" means The City of Saint John; « municipalite » designe The City of Saint John;
(municipalite) (City)
"Common Council" means the elected municipal « conseil communal » designe les membres elus
council of the City; (conseil communal) du conseil municipal de la municipalite; (Common
127
-5-
Council)
"paper bag" means a bag made out of paper that « sac en papier » Sac fait de papier qui est
is recyclable; (sac en papier) recyclable; (paper bag)
"person" includes a business as defined in this « personne » comprend une entreprise telle que
By-law; (personne) define dans le present arrete; (person)
"plastic bag" means any bag made with plastic,
including biodegradable plastic or compostable
plastic, but does not include a reusable bag; (sac
en plastique)
"police officer" means a police officer in the Saint
John Police Force; (agent de police)
"reusable bag" means a bag with handles that is
(a) designed and manufactured to be
capable of at least 100 uses, and
(b) primarily made of cloth or other
durable material suitable for reuse; (sac
reutilisable)
"small paper bag" means any bag made out of
paper that is less than 15 centimetres by 20
centimetres when flat. (petit sac en papier)
Interpretation
3 Rules for interpretation of the language
used in this By-law are contained in the lettered
paragraphs as follows:
(a) The captions, article and section
names and numbers appearing in this By-
law are for convenience of reference only
and have no effect on its interpretation.
(b) This By-law is to be read with all
changes of gender or number required by
the context.
sac en plastique » Tout sac fait de plastique, y
compris de plastique biodegradable ou
compostable, mais ne s'entend pas des sacs
reutilisables; (plastic bag)
agent de police » designe une agent de police du
Service de police de Saint John; (police officer)
sac reutilisable » S'entend d'un sac muni de
poignees qui est, a la fois:
a) conqu et fabrique pour pouvoir 8tre
utilise au moins 100 fois;
b) principalement fait de tissu ou d'un
autre materiau durable que convient a la
reutilisation; (reusable bag)
petit sac en papier » Tout sac fait de papier qui
mesure moins de 15 centimetres sur 20
centimetres lorsqu'il est a plat. (small paper bag)
Interpretation
3 Les regles d'interpretation suivantes
s'appliquent au present arrete :
a) Les titres, intertitres et numbros des
dispositions ne servent qu'a faciliter la
consultation de Farrete et ne doivent pas
servir a son interpretation.
b) Le genre ou le nombre
grammaticaux doivent We adaptes au
contexte.
128
M
(c) Each reference to legislation in this
By-law is printed in Italic font. The
reference is intended to include all
applicable amendments to the legislation,
including successor legislation. Where this
By-law references other by-laws of the
City, the term is intended to include all
applicable amendments to those by-laws,
including successor by-laws.
(d) The requirements of this By-law
are in addition to any requirements
contained in any other applicable by-laws
of the City or applicable provincial or
federal statutes or regulations.
(e) If any section, subsection, part or
parts or provision of this By-law, is for any
reason declared by a court or tribunal of
competent jurisdiction to be invalid, the
ruling shall not affect the validity of the
By-law as a whole, nor any other part of it.
(f) The Schedules attached to this By-
law are included in and shall be considered
part of this By-law.
Checkout bag prohibition
c) Les renvois legislatifs paraissent en
italique. Le renvoi a une loi vise egalement
les modifications qui s'y appliquent, y
compris toute legislation de remplacement.
Les renvois a d'autres arretes de la
municipalite visent egalement les
modifications qui s'y appliquent, y compris
tout arrete de remplacement.
d) Les obligations qu'il cree s'ajoutent
a celles decoulant d'autres arretes
applicables de la municipalite ou des lois
ou reglements federaux ou provinciaux
applicables.
e) Si une disposition quelconque est
declaree invalide par un tribunal competent
pour quelque motif que ce soit, la decision
n'entache en rien la validite de 1'arrete dans
son ensemble ni de toute autre disposition.
f) Les annexes jointes au present
arrete sont incluses et doivent etre
considerees comme faisant partie du
present arrete.
Interdiction relative aux sacs a emplettes
4(1) Except as provided in this By-law, no 4(1) Sauf disposition contraire du present arrete,
business shall provide a checkout bag to a it est interdit a une entreprise de fournir un sac a
customer that is a plastic bag. emplettes a un client qui est un sac en plastique.
4(2) No business shall deny or discourage the
use by a customer of the customer's own reusable
bag for the purpose of transporting items
purchased or received by the customer.
Exemptions
5(1) Section 4 does not apply to bags used to:
4(2) Pest interdit a une entreprise de refuser ou
de decourager 1'utilisation, par un client, de son
propre sac reutilisable afin de transporter des
objets qu'il a achetes ou regus.
Exceptions
5(1) L'article 4 ne s'applique aux sacs destines
aux usages suivants:
129
-7-
(a) package loose bulk items such as
fruit, vegetables, nuts, grains or candy;
(b) package loose small hardware
items such as nails and bolts;
(c) contain or wrap frozen foods, meat,
poultry or fish, whether pre -packaged or
not;
(d) wrap flowers or potted plants;
(e) protect prepared foods or bakery
goods that are not pre -packaged.
(f) contain prescription drugs received
from a pharmacy;
(g) transport live fish;
(h) protect linens, bedding or other
similar large items that cannot easily fit in
a reusable bag;
(i) protect newspapers or other printed
material intended to be left at the
customer's residence or place of business;
0) protect clothes after professional
laundering or dry cleaning;
(k) protect tires that cannot easily fit in
a reusable bag.
a) emballer des aliments en vrac
comme des fruits, des legumes, des noix,
des grains ou des bonbons,
b) emballer des petits articles de
quincaillerie en vrac comme des clous et
des boulons,
c) contenir ou envelopper des aliments
congeles, de la viande, de la volaille ou du
poisson, qu'ils soient preemballes ou non,
d) envelopper des fleurs ou des plantes
en pots,
e) proteger des plats prepares ou des
produits de boulangerie-patisserie qui ne
sont pas preemballes,
f) contenir des medicaments sur
ordonnance requs d'une pharmacie,
g) transporter des poissons vivants,
h) proteger des linges de maison, de la
literie ou d'autres articles semblables de
taille importante qui ne peuvent &re
facilement contenus dans un sac
reutilisable,
i) proteger des journaux on d'autres
documents imprimes destines a We laisses
a la residence on au lieu d'affaires du
client,
j) proteger des vetements apres qu'ils
ont ete professionnellement blanchis on
nettoyes a sec,
k) proteger des pneus qui ne peuvent
pas etre facilement contenus dans un sac
reutilisable.
130
5(2) Section 4 does not limit or restrict the sale
of bags, including plastic bags, intended for use at
the customer's home or business, that are sold in
packages of multiple bags.
Inspections
6 A by-law enforcement officer appointed
under this By-law may carry out any inspection
that is necessary for the administration or
enforcement of this By-law.
Enforcement
7 A police officer or by-law enforcement
officer may, for the purposes of the administration
and enforcement of this By-law, exercise such
powers and perform such duties as may be set out
in this By-law or the Local Governance Act.
Offences
8(1) A person who violates any of the
provisions of this By-law is guilty of an offence
and liable upon summary conviction to a fine of
not less than three hundred dollars ($300.00) and
not more than two thousand one hundred dollars
($2,100.00).
8(2) If the offence committed under this By-law
continues for more than one (1) day:
(a) the minimum fine that may be
imposed is the minimum fine established in
this By-law multiplied by the number of
days during which the offence continues;
and
(b) the maximum fine that may be
imposed is the maximum fine established
in this By-law multiplied by the number of
days during which the offence continues.
5(2) L'article 4 a'a pas pour effet de limiter ou
de restreindre la vente de sacs, y compris les sacs
en plastique, qui sont destines a etre utilises a la
residence ou au lieu d'affaires du client et qui sont
vendus en paquets contenant plusieurs sacs.
Inspections
6 Un agent charge de 1'execution des arretes
nomme en vertu du present arrete peut effectuer
toute inspection necessaire a 1'application ou a
1'execution forcee du present arrete.
Application
7 Un agent de police ou un agent charge de
1'execution des arrWs peut, pour les fins de
Vadministration et de Ppplication du present
arrete, exercer les pouvoirs et remplir les fonctions
prevues dans le present arrete ou la Loi sur la
gouvernance locale.
Infractions
8(1) Toute personae qui contrevient a une
disposition du present arrete est coupable d'une
infraction et est passible sur condamnation
sommaire d'une amende d'au moins trois cents
dollars (300 $) et d'au plus deux mille cent dollars
(2 100 $).
8(2) Si une infraction au present arrete se
poursuit pendant plus d'un four:
a) 1'amende minimale qui peut etre
infligee est 1'amende minimale prevue par
le present arrW multipliee par le nombre
de jours pendant lesquels 1'infraction se
poursuit;
b) 1'amende maximale qui peut etre
infligee est 1'amende maximale prevue par
le present arrete multipliee par le nombre
de jours pendant lesquels 1'infraction se
131
Administrative Penalties
9(1) The City may require an administrative
penalty to be paid with respect to a violation of a
provision of this By-law as set out in
subsection 9(2).
9(2) A person who violates any provision of this
By-law may pay to the City within 30
calendar days from the date of such
violation an administrative penalty of one
hundred and fifty dollars ($150.00), and
upon such payment, the person who
committed the violation is not liable to be
prosecuted therefor.
Commencement
poursuit.
Penalites administratives
9(1) La municipalite pent exiger qu'une penalite
administrative soit payee relativement a une
infraction a une disposition de cet arrete, comme
prevu au paragraphe 9(2).
9(2) Toute personne qui contrevient a une
disposition du present arrete peut payer a la
municipalite dans un delai de 30 jours
civils a compter de la date de ladite
infraction, une penalite administrative de
cent cinquante dollars (150 $), et une fois
Famende payee, la personne n'est plus
susceptible de poursuites judiciaires.
Entree en vigueur
10 This By-law comes into force upon the 1st 10 Le present arrete entre en vigueur le
day of July, 2021. let juillet 2021.
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. 2021 and signed by:
EN FOI DE QUOI, The City of Saint John a fait
apposer son sceau municipal sur le present arrete
le 2021, avec les signatures
suivantes :
Mayor/Maire
City Clerk/Greffier communal
First Reading - March 8, 2021 Premiere lecture
Second Reading - March 8, 2021 Deuxieme lecture
Third Reading - Troisieme lecture
- le 8 mars 2021
- le 8 mars 2021
132
COMMON COUNCIL REPORT
M&C No.
MC 2021 - 086
Report Date
March 17, 2021
Meeting Date
March 22, 2021
Service Area
Public Works and
Transportation Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: Weight Restriction By -Law Amendment on Wentworth Street
AUTHORIZATION
Primary Author
Commissioner/Dept. Head
City Manager
Tim O'Reilly
Michael Hugenholtz
I John Collin
RECOMMENDATIONS
Your City Manager recommends Common Council:
1. authorize 3rd Reading to an amendment to the Saint John Weight
Restriction By -Law as attached to M&C 2021-086, and
2. authorize the Mayor and City Clerk sign the agreement attached to M&C
2021-086.
EXECUTIVE SUMMARY
The Saint John Weight Restriction By -Law allows the City to mitigate the impact
that heavy vehicles impose on City streets. One mechanism in this by-law that
achieves this goal is a reduction in the axle loading of trucks on streets during the
spring when roads are particularly susceptible to damage. Occasionally trucking
companies request deviation from the by-law in relation to these spring weight
restrictions.
A deviation from this by-law is required to transport a truck -mounted crane to the
Wentworth development at the corner of Wentworth Street and Leinster Street
to allow the construction of that building to continue on schedule.
PREVIOUS RESOLUTION
At its March 8, 2021 meeting Common Council authorized 1st and 2nd Readings to
the amendment to the City of Saint John Weight Restriction By -Law attached to
this report.
REPORT
The Saint John Weight Restriction By -Law mitigates the impact of heavy vehicles
on City streets and infrastructure below the street. One such mechanism in this
by-law is that the maximum per -axle mass of various truck configurations
133
sa
permitted in the Provincial Motor Vehicle Act is reduced to 80% of typical limits
during a Spring Weight Restrictions period on most City streets.
The structural integrity of the soil below the asphalt that supports it is weakened
during the spring as water gets trapped in it by ice as the ice continues to melt
from the surface down. The asphalt and underground infrastructure are
therefore more susceptible to damage by heavy vehicles with the soil structure's
weakened state. Reduced permitted axle weights mitigate this situation. The
City uses the Spring Weight Restrictions period that is determined by the
Province of New Brunswick each year, the dates of which can fluctuate year to
year based on when the weather begins to get warmer causing the thawing ice
in the soil below the asphalt.
The by-law exempts some City streets from this reduced axle mass limit during
the Spring Weight Restriction period. Streets exempt include some arterial and
collector streets and/or those that provide access to major industrial sites.
Spring Weight Restrictions for 2021 are currently in effect. They started March 1
and are expected to continue until May 16, subject to weather conditions.
A phase of construction of the Wentworth at the corner of Wentworth and
Leinster Streets requires a particular vehicle -mounted crane owned by Irving
Equipment Ltd. to be transported to and from the site to lift and install heavy
concrete panels on the building. This work by this crane is required during the
Spring Weight Restrictions period to prevent delaying the overall construction
schedule for the building. The axle loadings of the crane are above the 80%
limits. The route this crane must travel to get from its origin to the Wentworth
and back again must travel on various Provincial Highways as well as City streets
that are exempt from the 80% limits. However, the 80% limits must be
respected on the final leg of the crane's journey, on Wentworth Street from
Broad Street to Leinster Street, to be compliant with the City's current by-law.
Wentworth Street would need to be temporarily exempt from the by-law to
permit the crane to travel on it during Spring Weight Restriction period. The
attached by-law amendment would facilitate this.
Given that the intention of the Saint John Weight Restriction By -Law is to
mitigate damage to City streets and underground infrastructure, staff would
facilitate additional measures to manage such risk in this case if Common Council
is supportive of the recommended by-law change:
1. The exemption would be in place for a specific period of time,
2. A Saint John Police escort would accompany the transport operation,
3. A pre and post infrastructure condition assessment would be required
by a third party Professional Engineer to identify if any damage is
attributable to Irving Equipment Ltd.'s transport operation, and
134
am
4. An agreement would be in place to ensure Irving Equipment Ltd.'s
obligations are confirmed and so that they would be responsible for
damage attributable to the transport operation.
The agreement referenced in item #4 in the preceding paragraph is attached to
this report for Common Council's consideration.
Staff note however there remains a risk that damage to roadway and particularly
underground infrastructure attributable to the operation may not be identifiable
between the pre and post condition assessments.
STRATEGIC ALIGNMENT
This report is ultimately about balancing two Common Council priorities with the
tools currently available at our disposal. It seeks to align with Common Council's
commitment to its Growth priority by supporting taxbase growth development.
It also demonstrates efforts to fulfill Common Council's Fiscal Responsibility
priority by mitigating risk of and responsibility for excessive damage to street
and below ground infrastructure by transport of this heavy vehicle and crane
during the Spring Weight Restrictions period.
SERVICE AND FINANCIAL OUTCOMES
In the absence of a Permitting process to more effectively balance the needs of
the trucking industry with the impact that heavy vehicles cause to City streets,
including during Spring Weight Restrictions, a more resource -intensive and
lengthy process, such as described in this report must continue in cases such as
this. As part of the current process, City staff from both the Public Works &
Transportation Department and the Office of General Counsel are engaged in
these case -by -case analysis, forming of an agreement, and administering the by-
law amendment process over two Council meetings. From the trucking
company's perspective, legal efforts to review and sign these agreements and
extended timelines to serve their customer's needs as a result of requiring these
matters to be considered over two Council meetings are negative impacts.
Ultimately, often the customer of the trucking company receiving the goods or
service experience impacts as a result of delays. A permitting process would
reduce resource requirements and timelines while ensuring measures remain in
place to ultimately remaining aligned, or even improve alignment, with Council's
Growth and Fiscal Responsibility priorities. Exploring implementation of such a
permitting process will be undertaken with a target of implementation for the
2022 Spring Weight Restriction period.
135
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INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
The General Counsel's Office has assisted with the preparation of the attached
Weight Restriction By -Law Amendment and attached agreement.
ATTACHMENTS
Amendment to City of Saint John Weight Restrictions By -Law.
Agreement with Irving Equipment Ltd.
136
A LAW TO AMEND A BY-LAW
RESPECTING WEIGHT RESTRICTIONS
WITHIN THE CITY OF SAINT JOHN
ENACTED UNDER THE AUTHORITY
OF SECTION 262(1) OF THE MOTOR
VEHICLE ACT
ARRETE No MV-17
ARRETE CONCERNANT LES
LIMITATIONS DE POIDS DANS
THE CITY OF SAINT JOHN
EDICTE EN VERTU DU
PARAGRAPHE 262(1) DE LA LOI SUR
LES VEHICULES A MOTEUR
Be it enacted by the Common Council of Lors d'une r6union du conseil communal,
The City of Saint John as follows: The City of Saint John a d6cr&6 ce qui suit :
A By -Law of The City of Saint John
entitled "a By -Law Respecting Weight Restrictions
Within The City of Saint John Enacted Under The
Authority of Section 262(1) of The Motor Vehicle
Act" enacted on the 5' day of April, A.D. 2004, is
hereby amended as follows:
Par les pr6sentes, Farret6 de The City of
Saint John intitul6 « Arret6 concernant les
limitations de poids dans the city of Saint John
6dict6 en vertu du paragraphe 262(1) de la loi sur
les vMicules a moteur », 6dict6 le 5 avril 2004, est
modifi6 comme suit:
1 Schedule A is amended by adding the 1 L'annexe A est modifi6e par Fadjonction des
following words under the following headings: mots suivants sous les titres suivants :
Connection Routes
Wentworth Street between Broad Street and
Leinster Street only between March 23,
2021 and March 28, 2021 inclusive
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
, A.D. 2021 and signed by:
Routes de raccordement
rue Wentworth entre rue Broad et rue
Leinster entre le 23 mars 2021 et le 28
mars 2021 inclusivement
EN FOI DE QUOI The City of Saint John a fait
apposer son sceau communal sur le pr6sent arret6
le 2021, avec les signatures
suivantes :
Mayor/Maire
City Clerk / Greffier de la municipalit6
First Reading - March 8, 2021 Premiere lecture - le 8 mars 2021
Second Reading - March 8, 2021 Deuxi&me lecture - le 8 mars 2021
Third Reading - Troisi&me lecture -
137
THIS AGREEMENT made in duplicate as of the day of March, 2021.
BY AND BETWEEN:
IRVING EQUIPMENT LIMITED, a corporation
duly incorporated under the laws of the
Province of New Brunswick, hereinafter called
the "Contractor"
OF THE FIRST PART
— and —
THE CITY OF SAINT JOHN, a body corporate
by Royal Charter confirmed and amended by
Acts of the Legislative Assembly of the
Province of New Brunswick, hereinafter called
the "City"
OF THE SECOND PART
WHEREAS the Contractor has been engaged in the construction of the
"Wentworth" development at the corner of Wentworth Street and Leinster Street in the
City of Saint John and Province of New Brunswick (the "Property"); and
WHEREAS travel to and subsequent removal of heavy industrial equipment
from the Property, namely a crane, requires the operation of vehicles within the City
with axle weights in excess of 80% of the axle weights permitted under the Motor
Vehicle Act, RSNB 1973, c M-17, and the Saint John Weight Restrictions By-law, By-
law Number MV-17, and amendments thereto (the "Heavy Vehicles"); and
WHEREAS the Contractor has requested permission from the City to operate
Heavy Vehicles on Wentworth Street between Broad Street and Leinster Street (the
"Street") between March 23, 2021 and March 28, 2021, inclusive, (the "Move"); and
WHEREAS the City is prepared to accede to the Contractor's request referred
to in the immediately preceding recital by enacting an amendment to the Saint John
Weight Restrictions By-law;
NOW THEREFORE THIS AGREEMENT WITNESSETH that the parties hereto for
and in consideration of these presents and the covenants herein contained agree
each with the other as follows:
1. That the Contractor shall only operate Heavy Vehicles on the Street between
March 23, 2021 and March 28, 2021, inclusive.
2. That the Contractor shall notify (i) the City's Traffic Engineer at least three (3)
business days in advance of the Move, (ii) Saint John Transit at least three (3)
business days in advance of the Move, and (iii) the City's Public Safety
Communications Centre immediately prior to and immediately following the Move.
3. That the Contractor shall, at its sole expense, engage a Professional
Engineering Consultant, for the purpose of (i) conducting an assessment of the
asphalt surfaces on the Street, and reviewing plans provided by the City with respect
to the location and depth of the water, sanitary and storm sewer systems owned or
operated by the City; (ii) identify any risk of the Heavy Vehicles coming into contact
with any parked vehicles and/or other above -ground infrastructure during the Move;
(iii) preparing a Risk Assessment Report for the Move; (iv) preparing a pre -Move and
138
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post-Move Condition Survey Report of the asphalt surfaces and any above -ground
public infrastructure at risk of being contacted relative to the planned and actual route
of travel for the Move; and (v) identify any areas of on -street parking that need to be
restricted during the Move.
4. That the Contractor shall (i) provide copies of the Risk Assessment Report to
the Chief City Engineer or designate not later than March 22, 2021; and (ii) provide a
copy of the pre -Move and post -Move Condition Survey Reports to the Chief City
Engineer or designate not later than three (3) business days following completion of
the Move.
5. That the Contractor shall be solely responsible for the cost of the Risk
Assessment Report and the pre -Move and post -Move Condition Survey Reports.
6. That the Contractor hereby indemnifies, defends and saves harmless the City,
its employees, officers, agents, successors and assigns, from and against any and all
losses, costs, claims, demands, expenses, proceedings and actions of every nature
and kind for injury or direct damages, to persons or property to the extent caused by
the Move.
7. That the Contractor shall reimburse the City for all reasonable costs for work,
repairs, alterations, reconstruction or replacement required to remedy any damage
caused by the Move, within forty-five (45) days of the date of the Contractor's receipt
of an invoice together with reasonable back-up information.
8. That the Contractor will make necessary arrangements with the Saint John
Police Force for traffic control and escort services for the Move, and pay all costs
associated with such services.
9. That the Contractor shall receive approval from the Province of New
Brunswick for operation of the Heavy Vehicles on provincial highways not later than
March 22, 2021.
10. This Agreement shall enure to the benefit of and be binding upon the parties
hereto, their successors and assigns respectively.
IN WITNESS WHEREOF the parties hereto have caused these presents to be
duly executed by the properly authorized officers and their respective corporate seals
affixed hereto as of the day and year first above written.
SIGNED, SEALED & DELIVERED
in the presence of:
IRVING EQUIPMENT LIMITED
Per:
Per:
and
THE CITY OF SAINT JOHN
Mayor
139
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City Clerk
Common Council Resolution:
2021
140
COUNTY OF SAINT JOHN
PROVINCE OF NEW BRUNSWICK
I, of the
Province of New Brunswick, MAKE OATH AND SAY:
and
1. THAT I am the of Irving Equipment Limited, the contractor
named in the foregoing instrument and have custody of the corporate seal of the said
company and am duly authorized to make this affidavit.
2. THAT the seal affixed to the foregoing agreement and purporting to be the
corporate seal of Irving Equipment Limited, is the corporate seal of the said Irving
Equipment Limited, the contractor named in the foregoing instrument and it was
affixed by the officer authorized to so affix the seal.
3. THAT the signature "
is my signature and as
instrument.
" subscribed to the said instrument
I am duly authorized to execute the said
4. THAT the said document was executed as aforesaid
in the Province of New Brunswick on the
2021.
SWORN TO before me at the
in the Province
of New Brunswick, this
day of 12021.
Commissioner of Oaths
Being a Solicitor
at the
day of
141
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; _`_fr t f J r_fr1
Received Date
March 18, 2021
Meeting Date
March 22, 2021
Open or Closed
Open Session
Deputy Mayor Shirley McAlary and Members of Common Council:
Subject: Municipal Election Candidate Sessions
Background:
The municipal elections are coming up this May which presents a unique opportunity for citizens of our city
to serve in public office. The opportunity to serve is a tremendous commitment that all members of our
community should be given the chance to fully understand.
Furthermore, the current Saint John City Council has passed several initiatives that have set a plan for growth
for the foreseeable future. Prospective candidates should have easy access to key documents that would help
inform their views. This would allow candidates to campaign with a better understanding of our City.
Enhancing democracy is a worthy goal, offering education sessions to prospective candidates, citizens, and
other stakeholders is an important component of our democracy. Several challenges currently exist, including
low voter turnout, challenges related to navigating the immense amount of information shared through
Council meetings, and gaps in who to call for support.
The decision to run for office is not one that should be taken lightly but it should be incumbent on a city to best
present the facts so that we can encourage those willing to serve, to do so.
Those members of the Council not reoffering, could be available to answer questions related to the demands
of the role on the council, if requested during the session.
Motion:
That the City Clerk holds a virtual information session or sessions that are open to any interested candidates
for Common Council. These meetings must take place prior to 9 April 2021. That Elections NB be invited to
attend and that the focus of the meetings be on explaining the processes and procedures that highlight
expectations; time commitments; workload; governance and associated demands of being on Council. That
the session or sessions clearly identify where all relevant information on policies and backgrounds is located
for public access. That the City's website continues to maintain an "Elections Page" where the most significant
information is presented for easy access. That the sessions be recorded and posted to the City's website.
Respectfully Submitted,
(Received via email)
Don Darling
Mayor, City of Saint John
lr _
SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 I vwvw.saintjohn.ca I C.P. 1971 Saint John, N.-B. Canada E2L 4L1
142
; .frJ f J0
Received Date
March 18, 2021
Meeting Date
March 22, 2021
Open or Closed
Open Session
Deputy Mayor Shirley McAlary and Members of Common Council:
Subject: Livability and Road Construction
Background:
The past four years have been a monumental struggle, but we have come out the other side. We have resolved
our structural deficit and established a long-term financial plan for the City. We have also aggressively
advocated for real municipal reform at the provincial level — a process that is starting to show results that will
change our city for the better.
The City of Saint John has focused on the growth of our tax base, population, jobs, tourism, and investment
attraction, and the many positive community results that will come from enhanced outcomes. Envision Saint
John, the Regional Growth Agency, has been formed as a call to action for a more prosperous and inclusive
future for the Greater Saint John region.
Simply put, we need to grow and position the City of Saint John as a great place to work, live and play. Many
experts around the world talk about the most livable cities and why citizens choose to live there.
When examining the world's most livable cities, there is a cross-section of criteria used to rate or rank. Equally,
these are well -researched measures that determine a cities ability to grow and thrive. They include Housing,
Neighborhood, Transportation, Environment, Health, Engagement, and Opportunity.
Recently we had a significant announcement for the renewal of infrastructure of $38.7 million dollars over the
next six construction seasons. We wish to thank the Provincial and Federal governments for their support.
These opportunities to renew our streetscapes and make our city more livable do not come around often.
The Case for Mobility Improvements in Saint John is embedded in our guiding documents. I would like to point
to the following plans or sections.
Policy TM-43 from Plan SJ: "Develop a traffic calming policy for residential streets where excessive vehicle
speed and/or inappropriate through traffic volumes are impacting the quality of life. Traffic calming measures
such as street design techniques and enforcement would be considered as part of an overall traffic calming
plan for a neighborhood."
From Peninsula Plan: "Engagement results: Throughout the planning process, engagement summary reports
were prepared and presented to Council and key stakeholders. The "What We Heard" reports summarized
feedback received at three separate stages [... j 4. A desire to improve active transportation and pedestrian
infrastructure; 5. The need for more trees and greening;"
lr _
SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 I www.saintjohn.ca I C.P. 1971 Saint John, N.-B. Canada E2L 4L1
143
"Guiding Principles: [... ] 9. Create high quality, pedestrian -friendly, and distinctive public realm."
"Neighbourhood Direction: [... ] The Uptown Core will feature the City's most interesting and vibrant public
realm, with public art, amenities for pedestrians and cyclists, vibrant commercial streets, and pedestrianized
streets and lanes."
"Waterloo Village: [... ] This type of built form, along with the width of the street and the lack of street trees
and landscaping, encourages traffic to move at high speeds resulting in a poor pedestrian environment. [... ]"
""...from the Peninsula Plan, the 5-year work plan shows pedestrian improvements starting in 2021 and
continuing beyond 2025 so if ... have not been planning for this, shame on them!""
From Move SJ Pedestrian Strategy: "[... ] For Saint John, a Complete Streets policy can assist the City in
implementing its PlanSJ Transportation and Mobility goals to: "Develop and maintain a balanced transportation
system that meets the needs of all community members with a variety of options ..." [... ] A Complete Streets
policy is intended to shift Saint John from the previous focus on providing streets to move cars, to a focus on
streets where people can interact and move about whether they are on foot, on a bicycle, on a new or
alternative form of transportation, in a bus or in a car. [... ] It requires a change in policies and practices to
ensure that the entire public road right-of-way is routinely planned, designed, constructed, operated and
maintained to enable safe access for all users that are appropriate for local context and needs."
The City staff currently explores opportunities to enhance active transportation, livability, speed calming,
landscaping and other important community considerations anytime a street is re -constructed. However, a
policy and approach that sees a more rigorous and formal undertaking would be beneficial.
Motion:
That before any tenders are approved for street reconstruction, Council be presented details on how current
and planned city policies have been followed. That the concept of complete streets be embedded in our
construction plans, and that opportunities to enhance livability be presented.
Furthermore, that appropriate consideration be given to pedestrians, active transportation, those with
mobility challenges, and vehicles in the reconstruction of all streets included in our capital plans.
Respectfully Submitted,
(Received via email)
Don Darling
Mayor
City of Saint John
lr
SAINT JOHN
P.O. Box 1971 Saint John, NB Canada E2L 4L1 I www.saintjohn.ca I C.P. 1971 Saint John, N.-B. Canada E2L 4L1
144
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}io+ Rid
COMMON COUNCIL REPORT
M&C No.
Click here to enter text.
Report Date
March 17, 2021
Meeting Date
March 22, 2021
Service Area
Legislative Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: COUNCIL GOVERNANCE ITEMS
AUTHORIZATION
Primary Author
Commissioner/Dept. Head
City Manager
Chief Kevin Clifford
Patricia Anglin
Chief Kevin Clifford
Jonathan Taylor
John Collin
EXECUTIVE SUMMARY
This is a covering title page for three separate reports that address the following Council
Governance items:
1. M&C 2021-062 Public Safety Committee
2. M&C 2021-083 Election of Deputy Mayor
3. M&C 2021-080 O Canada at Council Meetings
RECOMMENDATION 1
It is recommended that Common Council receive for information the submitted report entitled
M&C Report 2021-062 Public Safety Committee, approve the creation of the Public Safety
Committee and approve the Terms of Reference submitted as Attachment 1 to the Report.
RECOMMENDATION 2
It is recommended that Council receive for information the submitted report entitled M&C 2021-
083 and direct Legal Counsel to amend the Procedural Bylaw s. 11.2 Deputy Mayor Appointment
process to reflect the following:
During the first meeting of council following the quadrennial election, councillors who are
interested in the deputy mayor position will self -identify declaring their interest and stating
their reasons at the meeting in Open Session.
145
Q4�1- �, I kw? JOF-ro
At the second meeting of council following the quadrennial election, the Council will nominate
a councillor for deputy mayor. The council members will elect the deputy mayor by a show of
hands.
RECOMMENDATION 3
It is recommended that Common Council receive the submitted report entitled M&C 2021-080
Singing 0 Canada at Council Meetings for information and direct the City Clerk's Office to
proceed with the development and implementation of a volunteer 0 Canada program to
showcase local talent at Council meetings, with priority given to recognizing youth.
146
COMMON COUNCIL REPORT
M&C No.
2021-062
Report Date
March 17, 2021
Meeting Date
February 22, 2021
Service Area
Public Safety Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: Expanding the Committee Structure — Public Safety Committee
AUTHORIZATION
Primary Author
Commissioner/Dept. Head
City Manager
Chief Kevin Clifford
Chief Kevin Clifford
I John Collin
RECOMMENDATION
It is recommended that Common Council approve the creation of the Public Safety
Committee and approve the attached (Exhibit A) Terms of Reference.
EXECUTIVE SUMMARY
The National Security Policy of Canada states "that there can be no greater role,
no more important obligation for a government than the protection and safety of
its citizens".
The proposed Public Safety Committee (the "Committee") will provide a strategic
framework (the "Framework") for municipal decision -making regarding public
safety. The Framework introduces "The City of Saint John Safety and Continuity
Management Program", - a process designed to transform City Services from the
current safety awareness state to an aspirational state that consolidates all city
services under one common safety and continuity management program. The
strategy frames the municipality's collective capacity to achieve a vision of a
community where everyone is safe to live, visit, work, and play. Importantly, the
Committee will ensure that City Staff, Common Council, and the Community have
complete safety situational awareness as it relates to the "Services" provided by
the City of Saint John.
The proposed mandate of the Committee — "to provide a comprehensive and
sustainable public safety approach that ensures a significant and continuous
commitment to safety by the City of Saint John for those who visit, work, play, and
live in our community".
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PREVIOUS RESOLUTION
RESOLUTION January 14, 2019: RESOLVED that Council refer item 11.1 Expanding
the Saint John Common Council Committee Structure to the City Manager, to
report back recommendations on developing a plan to expand the City of Saint
John Common Council Committee Structure to include a third Committee, that
being a Public Safety Committee / Environment and Transportation services.
RFAORT
Background
Public Safety is one of the foremost principles of Municipal, Provincial and Federal
Governance. In his March 2008 research document for The Canadian Centre of
Intelligence and Security Studies (CCISS) at Carlton University Jacques J.M. Shore
states that "the most primary and fundamental responsibility of government is
the protection of its citizenry".
The City of Saint John role with respect to public safety is not limited to the
domains of Fire, Police, PSCC, and Emergency Management. Safety is a principal
tenet across all the City's Departments, embedded in various plans, policies,
procedures, initiatives and day to day operations. Indeed, safety is the resonating
theme for many of the non -emergency services. The safe, clean, drinking water
project, as well as the active transportation goal to separate pedestrians from
motor vehicles are examples of safety permeating across all aspects of municipal
services.
The Program: The City of Saint John Safety and Continuity Management Program
It is proposed that the City of Saint John adopt the continuous improvement
model of Plan/Do/Check/Act as identified in CSA Standard Z1600 - Emergency and
Continuity Management Program. "The City of Saint John Safety and Continuity
Management Program" will provided a complete systematic process by which all
municipal "services" are subject to a safety analysis lens through a risk -based
program of prevention and mitigation, preparedness, response, and recovery. The
program will enable principles of "safety by design".
The Service Safety Analysis Process
Each of the services as identified in table 1 will be examined through the
Plan/Do/Check/Act continual improvement model as proposed, and further
measure for performance utilizing the "Conformity Assessment Tool" (Exhibit B).
A staff committee for each of the services will report to the "Committee" per the
schedule as identified. The staff committee report will provide the "Committee"
information as it relates to the "safety" status of the identified service including
performance and recommendations. The "Committee" will consider staff
HM
am
recommendations and be free to introduce initiatives of their own upon receiving
the staff report.
TABLE 1: Public Safety Committee Framework
EXAMPLE ONLY - Service Review Schedule
Public Safety Committee Framework:
EXAMPLE ONLY Service Review Schedule
June
September
December
March
MERP*
SJ Fire Technical
Public Gatherings
Community Policing**
Rescue
Move SJ
SJEMo committee(s)
Flood Contingency
Rail Safety
review
Plan
Pandemic Response
Road Safety
Evacuation Plan**
Plan SJ
Plan
Safe Clean Drinking
Winter Management
Line Painting
Active transportation
Water
Plan
*MERP - Municipal Emergency Response Plan
** Subject to the Authority of the Board of Commissioners for the Saint John Police Force
The above table is simply an illustration of the approach that would be taken with
respect to creating a continuous cycle from which each "service" item will be
assess.
The services as identified in the above table are for illustration purposes only. City
Staff will work to provide more clarity on the suite of services that will be subject
to the public safety committee oversight. In the process of identifying the suite of
services subject to a safety oversight, staff will be mindful that public safety has a
broad application and could possibly include items such as streetlights, recreation
facilities, transit, extreme weather, and terrorism.
The proposed "Service Review Schedule" will be presented at the first meeting of
the Public Safety Committee.
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The Service Review Continuum
In preparation for Committee report, staff responsible for the applicable service
would be required to prepare a report that provides a summary on the service
review utilizing the Plan/Do/Check/ Act criteria. CSA 1600 provides a conformity
assessment tool that utilizes the Plan/Do/ Check/Act as assessment / evaluation
criteria for service reviews (Exhibit B).
An explanation of each phase of the Plan/Do/Check/ Act evaluation criteria is as
follows.
Plan — Is program management, leadership, and planning in place?
• Program management and planning requires leadership and
commitment.
• Identify the program committee, coordinator, program administration,
laws, and authorities.
• Identify all programs, initiatives, policies, plans, procedures, across and
within municipal departments as a first step.
Do - Have the appropriate procedures with respect to safety solutions been
developed and exercised where applicable?
PLC
Management review:
1-1'j
S�-nirr •narngemFnt ra•riew
Continual rnpruvennEnt
Program
management #
and planning.
Leacership and f
cornmiLment
Program coorijinator and
committee ■
Program administration
Laws and authorities
Financial management
+ Planning process
yBtY A • Common plan recuirements
160+r0¢ + Risk assessment
• Impactanalysis
19 Z16DO
+ Strategydevelopmera
S
��'1Pdafd"
Program evaluation: Implementation:
t Evaluation ' lrnpWrnerit5trategies and a ans
*Exerrlsesand tests • Incident managementsystem
* Auld it and review - Communication and warnlrig
t Correctiwr. arbor • Re soxcE management
-
IntErnaI audits - Training
- Operational procedures
Facil itles
A* of
150
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• Implement safety strategies and plans for each of the identified service
areas.
• Identify the applicable crisis management, communication, resource
management and warning systems, if required.
• Identify operational procedures, facilities, and training needs associated
with the desired safety outcomes of the service.
• Identify safety objectives within each service including critical key
performance indicators from which performance is measured
Check - Has the operational phase been monitored? Did expected performance
matched actual performance?
• Evaluate service performance against key performance indicators.
• Evaluate actual performance; where actual performance hard to measure,
exercise and test competence to assess performance.
• Conduct review of service performance highlighting service success and
areas for improvement.
Act - Have after -action -reviews been conducted such that lessons learned are
identified?
• Ensure recommendations are developed for Committee consideration.
• Empower Committee to have complete situational awareness of service.
• Enabled Committee to make recommendations to Common Council
supporting the notion of build back better.
The "Act" phase incorporates the management review component of the
continual improvement process as identified in CSA 1600. The primary role of the
Committee resides within the act phase. The Committee members would be
presented with specific "Service" safety profiles that include a comprehensive
review of the Plan/ -Do/ -Check components of the continuous improvement
model. Upon receiving the applicable "service safety profile report" from staff, the
Committee can action along the following paths.
• Receive and file if appropriate.
• Consider any Council resolution as recommended by the staff
presentation.
• Provide specific direction (in the form of a Council resolution) as a result
of the Committee's assessment of the "service safety profile report" as
provided by staff.
• Recommend further continuous improvement in Plan/Do/Check phases.
Exhibit B provides an illustration of the evaluation as completed using the
Service — Conforming Assessment Tool on the Municipal Emergency Response
Plan (MERP) Service.
151
9um
STRATEGIC ALIGNMENT
Vibrant, Safe City: Ensure that the delivery of efficient public safety services
address the evolving needs of a growing community.
SERVICE AND FINANCIAL OUTCOMES
Continuous Improvement and Business Continuity Lens — From an Overarching
Organizational Safety Perspective
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
Staff from the Clerk's Office have provided input into the development and
preparation of the Public Safety governance approach described in this Report.
The City's General Counsel Office has reviewed the particulars of the Public Safety
governance approach, as referenced in the Report.
Staff from Public Works and Transportation helped create the draft Service Review
Schedule .
ATTACHMENTS
Exhibit A. Terms of Reference Public Safety Committee
Exhibit B. City of Saint John Public Safety Committee 'Service - Conformity Assessment Tool"
152
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Fxhihit A
COMMITTEE TERMS OF REFERENCE
Committee Name:
Public Safety Committee
Date of Formation:
March 22" d 2021
Enabling
Legislation/By-Law:
Local Governance Act Section 10
Staff Support:
City Clerk's Office
Total # of Members:
Public: 0 Common Council: 5
Meeting Frequency:
Quarterly
Link to Common
Council's Priorities
Ensure that the delivery of efficient public safety services address the
evolving needs of a growing community.
1. MANDATE
Common Council has established a Public Safety Committee and has given the
Committee the administrative powers and duties set out herein. The mandate of
the Public Safety Committee is "to provide a comprehensive and sustainable
public safety approach that ensures significant and continuous commitment to
safety by the City of Saint John for the benefit of those who visit, work, play, and
live in our community". The mandate charts a path to a more holistic, coordinated
approach to community safety by design.
2. MEMBERSHIP
The Public Safety Committee (the Committee) is a Committee of Common Council.
a. The Committee shall consist of a total of 5 voting members of Common Council,
one of which is the Mayor.
b. The Committee Chair and Vice Chair shall be selected by the Committee.
c. The Committee meetings will be attended by at least one representative from
each of the following groups:
• City Manager
• Fire Chief / Emergency Management Services
• Public Works and Transportation
• Utilities and Infrastructure
• Growth and Community Services
• Government Relations and External Affairs
• Saint John Board of Police Commission and Police Force delegates
• Human Resources
• Information Technology and Communications (ITC)
• General Counsel Office (GCO)
• Saint John Transit
• Saint John Energy
The staff representatives are not members of the Committee; rather their role is
to provide subject matter expertise to the Committee.
153
WE
d. Common Council shall make Council appointments to the Committee. The City
Manager and Board of Police Commissioners (as police force authority) will
determine staff representation to participate in the Committee.
e. Where a member of the Committee fails to attend three consecutive meetings
of the Committee without approval of the Committee, the member may be struck
from the Committee membership and replaced by a Council appointment.
f. If any member ceases to be a member of the Committee before the expiration
of their term, Common Council may appoint another person to be a member for
the un-expired portion of the term.gf. In all other respects, the rules of procedure
for the Committee shall be governed by the City's Council Procedures Bylaw
insofar as it may be applicable.
h. The Committee Chair will act as a liaison between the Committee and Common
Council.
3. MEETINGS
a. The Committee shall meet quarterly and may have additional special meetings
as required at the call of the Committee Chair.
b. Committee meetings will be open to the public in accordance with the
requirements of Section 68 of the Local Governance Act. The public may be
excluded only in the circumstances identified therein.
c. The Council Procedure Bylaw will provide direction for the governance of the
Committee as required.
d. Quorum for any meetings will be at least fifty-one (51) percent of the number
of members of the Committee.
e. Meetings shall be set for 1 to 2 hours in duration but may extend beyond 2
hours at the discretion of the Committee.
f. All decisions of the Committee shall be in the form of resolutions duly passed by
a majority of its members present. The Committee shall strive to reach consensus
on issues and shall forward recommendations in the form of Public Safety
Committee resolutions to the Common Council.
f. The City Manager and assigned staff will identify a delegate to attended on their
behalf in instances where they are absent.
g. In addition to the assigned Committee representatives from staff, the City
Manager may have other employees attend provided the Committee consents.
4. ADMINISTRATIVE POWER AND DUTIES
It will be the work of the Committee to:
• Review the initiatives underway at the municipal level with an eye toward
strengthening the governance and social infrastructure necessary to
enhance community safety and well-being.
• Develop priority areas for a Public Safety Policy Framework that will
address:
154
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o Building Resident Resilience
o Ensuring Safe Spaces
o Strengthening Communities
o Preventing and Reducing Crime.
• The Committee will monitor the plan through identifying baselines for
annual actions to be performed.
• Implement actions and programs that give effect to the Framework and
engage such third parties, as may be required, to support the work of the
Committee.
• Develop education and communication strategies to ensure that residents
and visitors to the City have an active understanding of the safety
programs and resources.
• Monitor the Framework by identifying baselines for annual actions to be
performed, including by means of benchmarking, as appropriate and will,
as required from time to time, propose modifications to the Framework
and/or these Terms of Reference for approval by Common Council.
• Take all such further steps as may be appropriate to give effect to the
mandate of the Committee.
5. REPORTING
a. The Committee will be provided with secretarial support by the City Clerk's
Office.
b. The City Clerk will ensure that as soon as practicable after each meeting,
minutes of that meeting, including the names and titles of all persons present and
a record of all decisions reached, are prepared, and distributed to all Members.
c. The Committee Chair shall report to Common Council at least annually on the
activities of the Committee and a copy of the minutes of each meeting of the
Committee will be made available to members of Common Council.
155
-10-
Exhibit B
CONFORMITY ASSESSMENT TOOL: EXAMPLE ONLY
1!! SERVICE - Municipal Emergency Response Plan (MERP)
PLAN
Target
Conforming
Partial Conforming
Nonconforming
Comments
Leadership Team
X
identified
Plan document up to
X
New MERP to be presented
date
to Council in June
Objectives from
X
Not all after action reviews
previous assessment
have been completed
completed
DO
Crisis Communication
X
Crisis communications on
Plan in Place
work plan for 2021
Emergency Response
X
Procedures for identified site
Procedures developed
near completed
for high consequent
events
Conduct critical
X
Large scale exercise planned
exercise as identifies
for fall of 2021
CHECK
Evaluate performance
X
Level 2 and Level 1 activation
against key
of pandemic assessed in after
performance indicators
action review
Evaluate staff
X
Participation is in the 90
participation against
percentiles
expected 80 percent
ACT
Conduct after action
X
After action reviews
review on all incidents
conducted on 6 of 10
that meet
incidents meeting criteria
predetermined criteria
Completed objectives
X
Completed all 10 Council
as identified in previous
resolutions from last
assessment
assessment
Identify improvements
X
Recommendations for
areas / objectives to be
improvements presented to
pursued over next
Committee
business cycle (1 year)
156
COMMON COUNCIL REPORT
M&C No.
2021-083
Report Date
March 17, 2021
Meeting Date
March 22, 2021
Service Area
Legislative Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: Selection of Deputy Mayor
AUTHORIZATION
Primary Author
Commissioner/Dept. Head
City Manager
Jonathan Taylor/
Patricia Anglin
Jonathan Taylor
John Collin
RECOMMENDATION
It is recommended that Council approve Option 3 for the selection of the deputy
mayor and direct staff to prepare a Procedural Bylaw amendment (s. 11.2
Deputy Mayor Appointment process) for council's approval reflecting the
following:
Option 3 — Council Nominates and Elects the Deputy Mayor
During the first meeting of council following the quadrennial election, councillors
who are interested in the deputy mayor position will self -identify declaring their
interest and stating their reasons at the meeting in Open Session.
At the second meeting of council following the quadrennial election, council
members will elect the deputy mayor by a show of hands and adopt a resolution
to appoint the deputy mayor for the 4-year term of council.
I�:���►j�PI�1►luluGli7
The tradition in Saint John is to elect as the deputy mayor the councillor who
receives the highest number of votes in the quadrennial municipal election.
After a 2007 plebiscite the city changed from an at -large election system to a
hybrid at -large and ward system which resulted in only two of the ten councillors
being eligible for the deputy mayor position.
157
-2-
Staff recommend council update its practice and adopt a procedure which
provides all ten councillors (8 ward, 2 at -large) with the opportunity to be elected
deputy mayor.
PREVIOUS RESOLUTION
November 9, 2020: RESOLVED that the selection process of Deputy Mayor be
referred to the City Manager and City Clerk to bring forward a by-law in written
form for approval by Council before the end of February 2021, to be in place
before the 2021 election season commences.
REPORT
In New Brunswick, it is only the positions of mayor and councillors that appear
on the ballot of the quadrennial municipal election. The Local Governance Act
requires the council to elect one of its councillors as deputy mayor. The method
of choosing the deputy mayor is left at the discretion of the municipality.
Prior to 2007 the City of Saint John had an 'at -large' election system whereby the
mayor and all ten councillor positions were elected by all voters in the city. At its
first meeting following the election, Common Council appointed the deputy
mayor by choosing the councillor who received the highest number of votes in
the quadrennial election.
After a plebiscite held October 91", 2007 the city adopted a hybrid at -large/ ward
election system which resulted in the creation of four distinct wards (districts)
within the city. The mayor and two councillors at -large are elected by voters of
the entire municipality and eight Ward councillors are elected by voters in their
ward only (2 councillors per ward).
The long-standing tradition for the selection of a deputy mayor was maintained
after the change to the at-large/ward system. As a result, the two at -large
councillor positions are the only councillors who receive sufficient vote numbers
to be elected as deputy mayor.
Council's November 9, 2020 resolution directed staff to report back regarding
the selection process for deputy mayor and to prepare a Procedural by-law
amendment to codify the process. During the discussion on this topic, council
members provided the following feedback:
• Consensus — replace the traditional approach with a codification in the
Procedural bylaw.
• 2 Members — elect the candidates with the highest number of votes /
maintain the status quo.
• 3 Members — research best practices to apply.
• 1 Member — maintain the 4-year term, annual rotation is not advised.
158
am
Local Governance Act Provisions
• The LGA s. 48(3) provides that the Procedural By-law shall state the way a
deputy mayor is elected: The Council of a local government shall elect a deputy
mayor in accordance with a procedural by-law made under paragraph 10(2)(a).
• The LGA s. 66(1) provides the method of voting — each member shall
announce his or her vote openly and individually ... and no vote shall be taken by
ballot or by any other method of secret voting...
Procedural Bylaw Provisions
s. 11.2 At the first meeting, Council shall elect a member to Act as Deputy Mayor
for the term of office of the Council.
Research on Deputy Mayor Selection Practices
Research illustrates that municipalities across the country use a wide variety of
approaches for the deputy mayor selection process. The process is governed by
protocol, bylaw, and provincial legislation.
In some cities the mayor appoints the deputy mayor, in others the mayor
nominates a councillor and council appoints. In St. John's candidates run for the
position of deputy mayor in the municipal election and are elected by citizens.
Attachment 1 to this report outlines the deputy mayor selection process used in
eight other cities.
How do other New Brunswick cities elect a Deputy Mayor?
Citv of Moncton Procedural Bvlaw
Like Saint John, the City of Moncton is comprised of four Wards with
two city councillors representing each Ward. In addition, there
are two councillor -at -Large positions that represent the city as a whole.
Elections take place every four years with residents of each ward voting for
a mayor, two ward councillors and two councillors -at -Large.
The Procedural Bylaw s. 90 provides that Council shall elect a Deputy Mayor at
its first meeting and annually thereafter at a regular meeting following the
anniversary date of the preceding municipal election.
PROCESS:
Mayor calls for nominations at the first meeting.
Deputy Mayor is elected by a show of hands or by stating their choice in
open session.
The term is annual.
159
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The process is repeated annually.
Note: The City of Moncton is currently reviewing their selection process in 2021.
Citv of Fredericton Procedural Bvlaw
The City of Fredericton is governed by a City Council consisting of a mayor
nominated and elected at large, and 12 city councillors, nominated and elected
by ward. The mayor and city councillors serve for a four-year term.
The Procedural Bylaw provides the following: s. 5.01 Not later than the second
regular meeting of City Council following a regular quadrennial election the
Mayor shall nominate a candidate for Deputy Mayor and Council shall elect a
Deputy Mayor by show of hands held in open session. Effective May 2014, the
successful candidate shall hold office for a period of two years at which time the
process shall be repeated.
PROCESS:
• Mayor nominates a candidate not later than the second meeting.
• Deputy Mayor is elected by a show of hands in open session.
• The term is for two years.
• The process is repeated every 2-years.
Deputy Mayor selection process options for Council's consideration:
Option 1— Codify the existing process:
Codify into the Procedural by-law Common Council's current practice of electing
as deputy mayor the councillor -at -large who gains the highest number of votes
in the municipal election.
Option 2 — Mayor Nominates from the Councillors who express an
interest to be Deputy Mayor:
During the first meeting of council following the quadrennial election, councillors
interested in serving as deputy mayor will declare their interest.
At the second meeting of council, the mayor will nominate a councillor for
deputy mayor. The council members will elect the Deputy Mayor by a show of
hands.
OPTION 3 — Council Nominates and Elects the Deputy Mayor
160
19.le
During the first meeting of council following the quadrennial election, councillors
interested in serving as deputy mayor will declare their interest.
During the second meeting of council following the quadrennial election, Council
Members shall nominate and elect a Deputy Mayor by a show of hands.
Recommendation
For all three options staff recommend the deputy mayor be appointed for a 4-
year term. Council has discretion to appoint for a shorter term if desired.
The deputy mayor election process should be clear and transparent. The best
way to ensure this is to codify the election process in Council's Procedural Bylaw.
Staff recommend that Council adopt Option 3. At the first meeting of Council,
councillors wishing to serve as deputy mayor would express their interest and
provide a brief statement to the council. At the next Council meeting, council
members would nominate and elect a deputy mayor by a show of hands. A
procedural bylaw amendment for council's approval would be prepared for the
next meeting of council.
STRATEGIC ALIGNMENT
Good governance
SERVICE AND FINANCIAL OUTCOMES
Nil
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
Legal Counsel, City of Fredericton, City of Moncton
ATTACHMENTS
Attachment 1 — Deputy Mayor Selection Process Research
161
Attachment 1 M&C Report 2021-083 - Selection of Deputy Mayor
DEPUTY MAYOR SELECTION PROCESS
2020 RESEARCH
CITY
PROV
POPULATION
COUNCIL
ROLE
ELECTION
TERM
LEGISLATION
2016CENSUS
COMPOSITION
(WITH MAYOR)
Brantford
ON
97,496
11 TOTAL
Acting Mayor
NO
Monthly rotation based on schedule
Bylaw
created by Clerk.
5 WARDS / 10
Only acts in Mayor's absence.
COUNCILLORS
Fredericton
NB
58,220
13 TOTAL
Deputy Mayor
YES
2-year term.
Bylaw
Nominated by Mayor.
12 WARDS
Elected by Council show of hands.
Guelph
ON
131,794
13 TOTAL
Acting Mayor
NO
Monthly rotation based on
Protocol
alphabetical order by last name.
6 WARDS
Halifax
NS
493,131
17 TOTAL
Deputy Mayor
YES
Annually by secret ballot
Bylaw
16 DISTRICTS
Levis
QC
143,414
16 TOTAL
Deputy Mayor
NO
4-year term.
Provincial
15 BOROUGHS
Appointed by Mayor.
Moncton
NB
71,890
11 TOTAL
Deputy Mayor
YES
Mayor calls for nominations at the
Bylaw
HYBRID
first meeting of the new Council.
2 AT -LARGE
Deputy Mayor is elected by a show
4 WARDS
of hands or by stating their choice
in open session.
The term is annual.
The process is repeated annually.
162
Red Deer
AB
100,418
9 TOTAL
8 AT -LARGE
Deputy Mayor
NO
Monthly rotation schedule which is
approved each year.
Bylaw
St. John's
NF
108,860
11 TOTAL
Deputy Mayor
YES
4-year term.
Provincial
Elected by municipal election —
DEPUTY
separate position on ballot.
MAYOR
ELECED BY
PUBLIC
163
COMMON COUNCIL REPORT
M&C No.
M&C 2021-080
Report Date
March 16, 2021
Meeting Date
March 22, 2021
Service Area
Legislative Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: Singing O Canada at Council Meetings
AUTHORIZATION
Primary Author
Commissioner/Dept. Head
City Manager
Patricia Anglin
Jonathan Taylor
John Collin
RECOMMENDATION
It is recommended that Common Council receive the submitted report entitled
M&C 2021-080 Singing 0 Canada at Council Meetings for information and direct
the City Clerk's Office to proceed with the development and implementation of a
volunteer 0 Canada program to showcase local talent at Council meetings.
REPORT
In 2015 the City of Saint John followed the historic decision handed down by the
Supreme Court of Canada and discontinued its practice of offering an opening
prayer at Common Council meetings.
Following the 2015 ruling, many municipalities across the country decided to
replace the opening prayer with either a 'moment of reflection' or the singing of
the National Anthem.
Establishing a National Anthem program for Saint John Common Council
meetings would provide a positive community engagement opportunity to
showcase local talent of youth in the community.
When the first familiar chords of "0 Canada" play at schools, hockey games and
other events, Canadians stand with pride in honour of their country. Proclaimed
to be Canada's national anthem on July 1, 1980, "0 Canada" was first sung in
French 100 years earlier.
164
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Similar Communitv Enizaeement Sineine the National
Anthem Practices.
The City of Oshawa as part of their community engagement invites Oshawa
schools and community organizations to show off their talent and sing 0 Canada
at the beginning of Council meetings. Groups are eligible to sing at one Council
meeting per year and are required to supply their own music, however due to
size and time limitations, instrumental groups and bands cannot be
accommodated.
The City of Guelph showcases local musical talent by inviting artists to perform
the national anthem at City Council meetings. The performances are also a part
of Rogers TV live broadcast of City Council meetings.
In 2019 the City of Cornwall council decided it would invite local singers to
perform the national anthem at some of its meetings. "It feels like a nice idea
to showcase local singers at city hall. It wouldn't be at every meeting; it would
have to be coordinated," said the mayor.
These "are all efforts to bring people into the council chambers and to broadcast
to the public what we have here."
The city put out a call for those interested in performing the national anthem
to contact the clerk's office at city hall.
The city has also approached high schools in the community to see if they are
interested.
"We're eager to see where that goes, and maybe to expand it out from there. It's
always good to start with the young people," said the mayor.
Staff recommend that an 0 Canada program for Common Council meetings be
developed with a focus on engaging local youth in the community. The City
Clerk's office would develop the program and create a registration process. Staff
would communicate with local organizations and schools to promote this new
initiative and to identify local singers who wish to participate.
It is recommended that Common Council approve the development and
implementation of an 0 Canada program to showcase local talent at Council
meetings.
STRATEGIC ALIGNMENT
Public Engagement
165
-3-
SERVICE AND FINANCIAL OUTCOMES
Volunteer program with no remuneration.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
Several Municipalities were consulted.
ATTACHMENTS
None
166
Saint John
Community
ARTS
BOARD
Ta
.i
CONSEIL
D'ADMiNISTRATION
DES ARTS
de la communaut6
de Saint John
MEMORANDUM
March 151h, 2021
Mayor Don Darling and Members of Council
City of Saint John
Your Worship and Councilors,
Re: 2021 Saint John Community Arts Funding Program
A regular meeting of the Saint John Community Arts Board's Small Grant
Joannaa Killen Chary dent Jury was held on Friday March 12, 2021 to decide the 2021 Community
Arts Funding grant recipients.
Vice-Chair/Vice-president
Lisa Hrabluk
2"d Vice -Chair
Suping Shi
Darren McLeod
Tim Blackmore
Councilor Donna Reardon
Abigail Smith
Councilor David Hickey
Lea St. John
Dahlia Das
Mostafa Aboeineil
Kara Au
Laura Oland
Arts and Culture
Coordinator
Kate Wilcott
Address
P.O. Box/C.P. 1971
Saint John, NB/N-B E21-4L1
Tel: 658-4455
Uttmii mttPsai ntichrl,ca
Logo based on City Hall
sculpture "Progression" by
Claude Roussel, CM, ONB, RCA
The Saint John Community Arts Board Jury approved the grant amounts
to be awarded to each organization or group as per the attached list,
totaling $35,650.00. Such funding will be covered under the 2021 Saint
John Community Arts Funding Program, from the $70,000 budget
allocated by Common Council for the Board's programs.
This year, the board received 20 project and festival submissions from
18 different organizations, with a total financial request of $71,016.00
The 15 approved projects represent our diverse arts and cultural
community and will add to the growth, prosperity, and vibrancy of the
City.
The Community Arts Board recommends that Saint John Common
Council receive and file this letter and direct the Commissioner of
Finance to issue cheques to be distributed to the grant recipients at a
forthcoming presentation.
Respectfully Submitted,
Joa Killen
Chair
Saint John Community Arts Board
Attached: List of grant recipients for 2021
167
1. ARCf de Saint-Jean: $2500.00
Coup de Cceur»
Une initiative speciale celebrant la chanson de langue frangais. Le projet donne acces aux saint jeannois
a des artistes professionnels de la chanson clans le cadre de la Serie Rido, seule serie de spectacles en
frangais offert aux francophones et francophiles du Saint John metropolitain. Trois activites qui
regrouperont six artistes clans le cadre d'une programmation 2021 qui s'announce des plus
prometteuses: Salesbarbres, Beausejour et Laurie Leblanc, et les Haybabies et Simon Daniel. De fagon
plus precise, des rencontres avec les eleves du Centre Scolaire Samuel -de -Champlain seront organisees.
2. Commission de la Bibliotheque Le Cormoran: $2000.00
« Salon du livre de Saint-Jean »
L'activite litteraire appuyee par cette subvention donne I'opportunite aux citoyens de rencontrer des
auteurs francophones et d'acheter des livres en fran�ais. Certaines rencontres d'auteurs auront lieu en
personne si c'est possible et les autres auront lieu de maniere virtuelle et it y aura probablement des
rencontres hybrides qui combinent les deux methodes. La vente de livre aura lieu en personne si c'est
possible, sinon nous ferons la promotion de la Librairie Le Bouquin pendant le Salon. La majorite des
auteurs que nous recevons sont du Nouveau -Brunswick, incluant quelques-uns de Saint-Jean.
3. Connection Dance Works: $2000.00
"PERSPECTIVE"
For over ten years, CDW has produced the PERSPECTIVE series. To celebrate this milestone, the
company is proposing to document the history of the series since its first official performance in 2010
and then to present a special celebration of this history during the 2021 fall show. The series is unique to
NB as it gives dance artists valuable and immediate audience perspectives and recognition for their
work, promoting their further development. It focuses on an open format that offers opportunities for
artists to show works currently in development.
4. Connection Dance Works: $2750.00
"Saint John Contemporary Dance Festival"
CDW is presenting the 11th annual Saint John Contemporary Dance Festival from July 19-241h, 2021. This
festival is a celebration of contemporary dance that features professional choreographers and dancers
from New Brunswick, as well as local emerging dancers and musicians. The festival has been helping to
strengthen the landscape of contemporary dance in Atlantic Canada.
S. Early Music Studio of Saint John Inc.: $2500.00
"Saint John Early Music Festival Community Outreach"
The Early Music Studio will perform 22 public concerts, 8 school concerts, 4 senior concerts, and 32
workshops over the 2021/2022 season, featuring professional musicians. The music itself is from the
period of Saint John's foundation in the late 18th century, and the organization offer performances not
otherwise available in the City.
6. Fundy Fringe Festival/Saint John Theatre Company: $3000.00
"Fundy Fringe Festival"
Fringe is a multi -day, multi -disciplinary arts festival that runs during the third week of August in Saint
John. This will be Fundy Fringe's 9th anniversary. The variety of cultural activities within the week of
Fringe is without limits. Artists from all walks of live create performances that seek to redefine
performing and creative arts. The main showcase of the festival includes but is not limited to: Stand up
comedy, storytelling, dance, magic, circus, film, live music, historical re-enactments, and dramas.
7. Girls Rock Camp/Quality Block Party: $2000.00
"Saint John Rock Camp for Girls and Gender Creative Kids"
A weeklong day camp for girls, genderqueer, and trans kids from age 11-18. The program aims to
provide the next generation of music community leaders with the skills to play a new instrument (or
new techniques on an old one), the support to participate in their music community, and the confidence
to perform live with their new band. Campers will learn from local facilitators to play their instrument,
learn sound tech basics, make their own merch, and more.
8. The Greater Saint John Chinese Cultural Association Inc.: $3000.00
"Chinese Youth Music Group"
The Greater Saint John Chinese Association will build and cultivate Chinese youth musicians who are
currently living in Saint John or from this area, and have been trained to use various instruments such as
violin, saxophone, clarinet, piano, trumpet, drum, guitar, etc. This music has profoundly influenced
young generations and produces rich heritage of music and culture embracing all members of our
multicultural community. Performances will be accessible to all members of the community.
9. InterAction School of Performing Arts: $2,400.00
How to be Kind Podcast Pt 2
How to be Kind Podcast is a continuation of the InterAction Youth Podcast, which began in the summer
of 2020. Initially intended as a podcast focused on youth driven stories from the GSJ area, the Youth
podcast has since transformed into a forum for local youth to discuss the pandemic and how it is
impacting student mental health. The podcast explores different ways youth are coping with their new
reality, while gaining insight on how students can be kinder to themselves, their friends, their family,
and community. Students learn to brainstorm, plan, record, edit, and launch podcasts, while also having
an opportunity to collaborate with each other both in person and virtually. Each episode contains
conversations, songs, stories, poems, and interviews. Phase Two will launch this spring and will be free
to all youth.
10. Loyalist City Shakespeare/Saint John Theatre Company: $1000.00
"Shakespeare Variety Show"
Loyalist City Shakespeare will present A Shakespeare Variety Show. The company will put out a call for
performances of 10-minute scenes featuring 1-3 community theatre actors each. The show will be
presented in a tent in the SJTC parking lot. Actors will be chosen based on quality, diversity, and
feasibility and everyone is welcome to apply to perform.
169
11. North Market Wharf Cultural Association: $2500.00
"Made in New Brunswick Summer Series"
North Market Wharf Cultural Association will present a daily summer -long series using the talent of local
New Brunswick entertainers to locals and Atlantic Bubble guests. Funding will go directly to help fund
local musicians and entertainers.
12. Saint John Cycling Club Inc.: $2500.00
"Beautification of Enduro Trails at Rockwood Park: Public Art"
Metalsmith Guylaine Cyr will design sculptural and functional metal artwork to be permanently installed
at different key locations within the Rockwood trail network. The approved designs commemorate the
old ski hill as well as pay homage to outdoor sports. 3 solid park benches artfully fabricated by wrought
iron techniques and customised to this site, using retired skis and snowboards, one or two small to
medium sculptures and one main trail head sign indicating the trail name, made from retired bicycle
parts.
13. Saint John Jewish Historical Society Inc.: $2000.00
"Every Stone Tells a Story"
The goal of this project is to create a guided and/or self guided walking tour of the Shaarei Zedek
Cemetery with a variety of themes: War veterans, Holocaust Survivors, Merchants, Community leaders,
immigrants, artists, women, and family stories. The tour will present the stories of not just those who
rose to prominence, but also of the immigrants, the peddlers, the merchants, the doctors, the wives,
and the children who made up the Jewish Community.
14. Saint John String Quartet: $3000.00
"Quartet in the Classroom"
The Quartet in the Classroom program helps demystify classical music and musicians and invites young
people to think openly about creative endeavors and their future aspirations. For many children, this is
their first time interacting with live or virtual classical music and musicians. The Quartet in the
Classroom is promoted through the School District 6 Fine Arts Department and a COVID-19 Plan has
been approved by the School District Superintendent's office. At-home students along with their
households are welcome to attend ZOOM presentations.
15. Symphony New Brunswick: $2500.00
"Meet YOUR Symphony Orchestra"
Using its established core groups of winds, strings, and percussion, SNB will introduce instruments and
musicians to audiences as the concept of an orchestra will be explored through stories and
demonstrations. Performances will be held outdoors to allow distancing, drop -in attendance, and
accessibility.
170
FREDERICK FERNANDEZ
PROFESSIONAL CORPORATION
Barrister and Solicitor
March 16, 2021
Saint John City Hall
15 Market Square
Saint John, NB
E2L 4L 1
Attention: Jonathan Taylor, City Clerk
Dear Mr. Taylor:
58 Main Street West, 2nd Floor
Saint John, New Brunswick
Tel: (506) 214-7701
Fax: (506) 214-1286
Email: fred@fernandezlaw.ca
Re: Jon Alexander Fraser and Carrie Eirene Stevenson
191 Princess Street, Saint John, New Brunswick (the "Premises")
Request to Remove Heritage Conservation Area Designation from the Premises
located at 191 Princess Street, Saint John, New Brunswick
I am writing as solicitor for Jon Alexander Fraser and Carrie Eirene Stevenson who are the registered
owners of the Premises. Please accept this letter as our request to remove the heritage
conservation area and any other heritage designation from the Premises.
Kindly advise the next procedure that we are required to take in order to proceed with our request.
Yours truly,
Frederick Fernandez
cc: Heritage Development Board
171
Town of GrandBay-Westfiefd
Mayor's Office
Mayor Grace Losier
609 River Valley Drive • P.O. Box 3001 • Grand Bay -Westfield, N.B. • E5K 4V3
Tel: (506) 738-6433 • Fax: (506) 738-6424 • mayor@towngbw.ca
March 16, 2021
Mayor Don Darling
City of Saint John
P.O. Box 1971
Saint John, NB
E2L 4L1
Dear Mayor Darling:
To better understand the current and future needs and demands for parks and recreation services
the Town of Grand Bay -Westfield is undertaking a strategic planning process with the aim of
developing a progressive roadmap to guide the delivery of parks and recreation experiences and
opportunities.
As some West Saint John neighbourhoods are a part of our regional community, and with the
understanding that planning future facilities and serviced in the Town may have an impact on
your residents, we would like to request that we be able to include the West Saint John
neighbourhoods of Martinon, Ketepic, Morna, in our public engagement process for the project.
This would involve including your residents in our efforts to gather input from the general public,
as well as speaking with organized parks and recreation groups in your community. It would also
mean that we include the parks and recreation facilities and spaces found within your West Saint
John boundaries in our review and assessment of the current state of parks and recreation in the
region.
We hope that you will allow us to engage your residents and include the parks and recreation
amenities in your neighbourhoods as consideration in our overall planning process. We would be
happy to answer any questions you may have. Please let us know by March 23, 2021 if it would
be possible for us to contact your residents.
Sincerely,
C
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Mayor Grace Losier
21Mayor: Letter- Mayor Don Darling
172
-R-E-C EUV��
MAR 08 2021
To: Mayor and Council of the City of Saint John
Re: Essential Service
Your Worship and Council,
• Public transit is an essential service.
• Multi -million dollar, publicly funded, essential services demand professional oversight.
• Saint John Transit (SJT) employs no one with any certified urban transportation credentials.
Please address why no public transit professional is associated with the private entity of SJT.
Respectfully, _
Mary Ellen Carpenter
41 Crown St. #207
Saint John, NB. E2L OE2
(506) 899-0519
173
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M&C No.
M&C 2021-076
Report Date
March 16, 2021
Meeting Date
March 22, 2021
Service Area
Growth and Community
Development Services
SUBJECT. City Market Lease with 690045 N.B. Ltd dba as Kim's Korean Food
EXECUTIVE SUMMARY OF COMMITTEE OF THE WHOLE REPORT FOR OPEN
SESSION OF COUNCIL
City staff and the owners/operators of 690045 N.B. Ltd. dba Kim's Korean Food
(the "Lessee") have reached an agreement such that the Lessee will continue to
lease its current space in the City Market. The term will be for five (5) years,
commencing April 1, 2021, with an option to renew for an additional five (5) years.
Rents will be at a defined market value.
The lease document is standard and consistent with the leases granted to other
tenants in the City Market, with a few exceptions to account for the different
business nature, scope, and investment of this tenant. The Lessee will occupy the
space (Stall "C-1" and ancillary spaces) on the South side of the City Market, in the
centre of the Market Hall between Jeremiah's and Slocum & Ferris.
The Lessee will continue to offer most of the services/menu items that have been
offered in the past and will look to add more Korean meals and take-home
products.
RECOMMENDATION
That the City enter into a lease with 690045 N.B. Ltd., doing business as Kim's
Korean Food, under the terms and conditions and in the form of lease document
tabled for Committee of the Whole at its meeting on March 22, 2021; and further,
that the City consent to the change of control of the current Lessee; and that the
Mayor and the City Clerk be authorized to execute the Lease Agreement, the
Consent of Transfer and any other documentation necessary to give effect to the
Leasehold transaction.
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