2022-01-24_Agenda Packet--Dossier de l'ordre du jour�B
City of Saint John
Common Council Meeting
AGENDA
Monday, January 24, 2022
6:00 pm
Meeting Conducted by Electronic Participation
Pages
1. Call to Order
1.1. Land Acknowledgement
2. Approval of Minutes
2.1. Minutes of December 13, 2021
5 - 28
2.2. Minutes of December 20, 2021
29 - 30
2.3. Minutes of January 10, 2022
31 - 42
3. Approval of Agenda
4. Disclosures of Conflict of Interest
5. Consent Agenda
5.1. 2021 Fall Debenture Terms (Recommendation: Receive for Information)
43 - 44
5.2. Designation of By-law Enforcement Officers (Recommendation in Report)
45 - 54
5.3. Engineering Services: Rockland Road (Parks Street to Paradise Row) and
55 - 59
Burpee Avenue (Rockland Road to Civic #99) — Infrastructure Renewal and
Street Reconstruction (Recommendation in Report)
5.4. Heather Way Resurfacing (Recommendation in Report)
60 - 63
5.5. Contract No. 2021-08: Wentworth Street (Elliott Row to Orange Street) — Water,
64 - 67
Sanitary and Storm Sewer Renewal and Street Reconstruction
(Recommendation in Report)
5.6. Neighbourhood Service Agreement Renewals (Recommendation in Report)
68 - 92
5.7. License for Winter Navigation Training in Rockwood Park (Recommendation in
93 - 98
Report)
5.8. Letter of response to the NB Coalition of Persons with Disabilities
99 - 106
(Recommendation in Report)
6.
Members Comments
7.
Proclamation
8.
Delegations / Presentations
8.1. YMCA of Greater Saint John
107 - 127
9.
Public Hearings - 6:30 p.m.
10.
Consideration of By-laws
10.1. Parking Ban Towing with By -Law Enforcement Officers (Traffic By -Law
128 - 133
Amendment 1st and 2nd Reading)
10.2. Street Closing Bylaw - Jack Street (3rd Reading)
134 - 135
10.3. Zoning By -Law Amendment - 166 Leinster Street (3rd Reading)
136 - 138
10.4. Zoning By -Law Amendment - 35 Water Street (3rd Reading/Recission of
139 - 150
previous conditions/Sec 59 conditions)
11.
Submissions by Council Members
11.1. Proposed Resolution to Strengthen Democracy by Supporting Local
151 - 153
Journalism (Councillor Ogden)
12.
Business Matters - Municipal Officers
12.1. MoveSJ: Context in Advance of Phase 3 Consideration
154 - 173
13.
Committee Reports
14.
Consideration of Issues Separated from Consent Agenda
15.
General Correspondence
15.1. Loch Lomond Elementary School: Request for Solar Panel Speed Limit
174 - 174
Signage on Loch Lomond Road (Recommendation: Refer to City Manager)
16.
Supplemental Agenda
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17
Committee of the Whole
18.
17.1.
Saint John Trade and Convention Centre - Contract Management Update
175
- 175
17.2.
Confidentiality Agreement with Elias Management Group Inc.
176
- 176
17.3.
Boar's Head Development Opportunity PID 42622
177
- 177
17.4.
Canada Games Aquatic Centre (CGAC) Request for Covid-19 Relief
178
- 179
Adjournment
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City of Saint John
Common Council Meeting
Monday, January 24, 2022
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
Financial Matter 68(1)(c,f)
1.3
Land Matter 68(1)(d)
1.4
Land Matter 68(1)(d)
1.5
Financial Matter 68(1)(c)
1.6
Financial Matter 68(1)(c,d)
1.7
Financial Matter 68(1)(c)
1.8
Financial Matter 68(1)(c)
1.9
Financial Matter 68(1)(c)
Ville de Saint John
Seance du conseil communal
Lundi 24 janvier 2022
18h
Reunion 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 :
17 h, reunion par participation electronique
1.1
Proces-verbal de la reunion 68(1)
1.2
Questions financieres 68(1)(c)
1.3
Matiere fonciere 68(1)(d)
1.4
Questions financieres 68(1)(c)
1.5
Questions financieres 68(1)(c)
1.6
Questions financieres 68(1)(c,d)
1.7
Questions financieres 68(1)(c)
1.8
Questions financieres 68(1)(c)
1.9
Questions financieres 68(1)(c)
Seance ordinaire
1. Ouverture de la seance
1.1 Reconnaissance des droits territoriaux
2. Approbation du proces-verbal
2.1 Proces-verbal de la reunion du 13 decembre 2021
2.2 Proces-verbal de la reunion du 20 decembre 2021
2
2.3 Proces-verbal de la reunion du 10 janvier 2022
3. Adoption de I'ordre du jour
4. Divulgations de conflits d'interets
5. Questions soumises a I'approbation du conseil
5.1 Modalites de la debenture de I'automne 2021 (Recommandation : Depot
pour information)
5.2 Designation d'agents charges de I'application des reglements municipaux
(Recommandation contenue clans le rapport)
5.3 Services d'ingenierie : Rockland Road (de Parks Street a Paradise Row) et
Burpee Avenue (Rockland Road to Civic #99) — Renouvellement de
('infrastructure et reconstruction des rues (Recommandation contenue
clans le rapport)
5.4 Resurfagage de Heather Way (Recommandation contenue clans le
rapport)
5.5 Contrat n° 2021-08 : Wentworth Street (de Elliott Row a Orange Street) —
Eau, installations sanitaires et traitement des eaux usees Renouvellement
de I'egout pluvial et reconstruction des rues (Recommandation contenue
clans le rapport)
5.6 Renouvellement des ententes de services (Recommandation contenue
clans le rapport)
5.7 Permis pour la formation a la navigation hivernale clans le parc de
Rockwood (Recommandation contenue clans le rapport)
5.8 Lettre de reponse a la Coalition des personnes handicapees du N.-B.
(Recommandation contenue clans le rapport)
6. Commentaires presentes par les membres
7. Proclamation
8. Delegations et presentations
8.1. YMCA du Grand Saint John
9. Audiences publiques
10. Etude des arretes municipaux
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10.1. Interdiction de stationnement et remouquage avec les agents charges de
I'application des arretes municipaux (modification de I'Arrete municipal
sur la circulation, premiere et deuxieme lecture)
10.2 Reglement sur la fermeture des rues — rue Jack (troisieme lecture)
10.3 Modification de I'Arrete de zonage —166, rue Leinster (troisieme lecture)
10.4 Modification de I'Arrete de zonage — 35, rue Water (troisieme lecture /
annulation de I'arrete precedent / des conditions de I'article 59)
11. Interventions des membres du conseil
11.1. Proposition de resolution pour renforcer la democratie en soutenant le
journalisme local (conseiller Ogden)
12. Affaires municipales evoquees par les fonctionnaires municipaux
12.1. Deplacement SJ : Contexte avant 1'examen de la phase 3
13. Rapports deposes par les comites
14. Etude des sujets ecartes des questions soumises a I'approbation du Bureau
15. Correspondance generale
15.1. Ecole elementaire Loch Lomond : Demande de panneaux solaires pour la
signalisation des limites de vitesse sur le chemin Lomond
(recommendation : renvoyer au directeur municipal)
16.Ordre du jour supplementaire
17. Comite plenier
17.1 Saint John Trade and Convention Centre — Mise a jour de la gestion des
contrats
17.2 Entente de confidentialite avec Elias Management Group Inc.
17.3 Opportunite de developpement Boar's Head NID 42622
17.4 Centre aquatique des Jeux du Canada (CGAC) demande d'allegement de
la COVID-19
18. levee de la seance
CI
Present:
Also Present:
COMMON COUNCIL / CONSEIL COMMUNAL
December 13, 2021 / le 13 decembre 2021
The City of Saint job n
MINUTES — REGULAR MEETING
COMMON COUNCIL OF THE CITY OF SAINT JOHN
DECEMBER 13TH, 2021 AT 6:00 PM
MEETING CONDUCTED BY ELECTRONIC PARTICIPATION
Mayor Donna Noade Reardon
Deputy Mayor John MacKenzie
Councillor -at -Large Gary Sullivan
Councillor -at -Large Brent Harris
Councillor Ward 1 Joanna Killen
Councillor Ward 1 Greg Norton
Councillor Ward 2 Barry Ogden
Councillor Ward 3 David Hickey
Councillor Ward 3 Gerry Lowe
Councillor Ward 4 Greg Stewart
Councillor Ward 4 Paula Radwan
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 & 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
Call to Order
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COMMON COUNCIL / CONSEIL COMMUNAL
December 13, 2021 / le 13 decembre 2021
To conform to the Revised Mandatory Order COVID-19 proclaimed December 4th, 2021,
Council Members and staff participated by video conference. The City Clerk conducted
roll call noting all Council Members in attendance.
To ensure public access and transparency the meeting is being livestreamed, video
recorded and posted to the City's website after the meeting has concluded.
1.1 Land Acknowledgement
Deputy Mayor MacKenzie read the Land Acknowledgement and called for a moment of
reflection.
"The City of Saint John/Menaquesk is situated is the traditional territory of
the Wolastoqiyik/Maliseet.The Wolastogiyik/Maliseet along with their Indigenous
Neighbours, the Mi'Kmaq/Mi'kmaw and Passamaquoddy/Peskotomuhkati signed Peace
and Friendship Treaties with the British Crown in the 1700s that protected their rights to
lands and resources."
2. Approval of Minutes
2.1 Minutes of November 29th, 2021
Moved by Councillor Killen, seconded by Councillor Harris:
RESOLVED that the minutes of November 29, 2021, be approved.
MOTION CARRIED.
3. Approval of Agenda
Moved by Councillor Harris, seconded by Deputy Mayor MacKenzie:
RESOLVED that the agenda for December 13t", 2021, be approved with the addition of
the following items:
17.1 Special Advisor to Mayor
17.2 Option Agreement Amendment Fundy Quay
17.3 Agreement between City of Saint John, CMHC and Envision
17.4 Appointments to Committees.
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-
363: Anniversary Grant from Saint John Community Foundation and Dominion Park
Community Association Fundraising Contributions to Phase One of Dominion Park Master
Plan, Common Council authorize the General Counsel Office to draft agreements between
the Greater Saint John Community Foundation (the "GSJCF") and the City of Saint John
(the "City") generally on the terms and conditions outlined in M&C 2021-363 in order for
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COMMON COUNCIL / CONSEIL COMMUNAL
December 13, 2021 / le 13 decembre 2021
the City to receive funds from the GSJCF to support phase one of the Dominion Park
master plan as outlined in M&C 2021-292 attached to this report; and that the Mayor and
City Clerk be authorized to execute the said agreement.
5.2 That as recommended by the City Manager in the submitted report M&C 2021-
360: City Market Strategic Plan - Consulting Services - RFP 2021-092203P, Common
Council accept the proposal by Fowler Bauld & Mitchell Ltd. in collaboration with Quay
North Urban Development for RFP 2021-092203P to provide professional consulting
services for the Saint John City Market Strategic Plan in the amount of $85,850 plus HST.
5.3 That as recommended by the City Manager in the submitted report M&C 2021-
344: Proposed Public Hearing Date - 1429 Loch Lomond Road, Common Council
schedule the public hearing for the Zoning By-law rezoning application submitted by
Michael Goldenberg and Paul Mangion for 1429 Loch Lomond Road (portion of PID
000132900) for Monday, February 7, 2022, at 6:30 p.m. at the Council Chamber, City
Hall 2nd floor, 15 Market Square, Saint John, NB.
5.4 That as recommend by the City Manager in the submitted report M&C 2021
358: Designation of By -Law Enforcement Officer, Common Council adopt 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 A By-law Respecting the Regulation of
Parking in The City of Saint John, By-law Number LG-8 (the "Saint John Parking By -Lave'),
A By-law Respecting the Traffic on Streets in The City of Saint John, By-law Number MV-
10.1 (the "Saint John Traffic By -Lave') and all amendments thereto;
AND WHEREAS section 72 of the Local Governance Act provides that a council may
appoint by-law enforcement officers for the local government and may determine their
terms of office;
NOW THEREFORE BE IT RESOLVED, that Kevin McVicar is hereby appointed as by-
law enforcement officer with respect to the enforcement of the Saint John Parking By -Law
and Saint John Traffic By -Law, effective immediately, and this appointment shall continue
until he ceases to be an employee of the Parking department of The City of Saint John or
until it is rescinded by Common Council, whichever comes first.
5.5 That as recommended by the City Manager in the submitted report M&C 2021-
330: Designation of By -Law Enforcement Officers, Common Council adopt 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 A By-law Respecting the Use of Sidewalks
within the City of Saint John, By-law Number LG-13 (the "Use of Sidewalks By -Lave'), A
By-law Respecting Water and Sewerage, By-law Number M-16 (the "Water & Sewerage
By -lave'), A By-law Respecting Excavation of Streets in the City of Saint John, By-law
Number LG-11 (the "Street Excavation By -Lave') and all amendments thereto, and it may
from time to time be necessary to commence proceedings in the Provincial Court of the
Province of New Brunswick, when a person has violated or failed to comply with said By-
laws;
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COMMON COUNCIL / CONSEIL COMMUNAL
December 13, 2021 / le 13 decembre 2021
AND WHEREAS section 72 of the Local Governance Act provides that a council may
appoint by-law enforcement officers for the local government and may determine their
terms of office;
AND WHEREAS subsection 150(1) of the Local Governance Act provides that
proceedings for breach of a by-law shall be commenced in the name of the clerk of the
local government or such other person as is designated for that purpose by the council;
NOW THEREFORE BE IT RESOLVED, that Barbara Crawford, Jocelyne Leblanc and P.
Joel Landers are hereby appointed as by-law enforcement officers with respect to the
enforcement of the Use of Sidewalks By-law, Water & Sewerage By-law and Street
Excavation By -Law, effective immediately, and this appointment shall continue until they
cease to be employees of the Growth and Community Services department of The City of
Saint John or until it is rescinded by Common Council, whichever comes first;
AND BE IT FURTHER RESOLVED, that Barbara Crawford, Jocelyne Leblanc and P. Joel
Landers are hereby designated and authorized to lay informations in the Provincial Court
of the Province of New Brunswick for breach of the Use of Sidewalks By-law, Water &
Sewerage By-law and Street Excavation By -Law, effective immediately, and this
designation and authorization shall continue until they cease to be employees of the
Growth and Community Services department of The City of Saint John or until it is
rescinded by Common Council, whichever comes first.
2. WHEREAS the Common Council of The City of Saint John has enacted certain by-laws
pursuant to the authority of the Local Governance Act, S.N.B. 2017 c.18, and amendments
thereto (the "Local Governance Act'), including A By-law Respecting Drainage in the City
of Saint John, By-law Number M-32 (the "Drainage By -Law"), and all amendments thereto,
and it may from time to time be necessary to commence proceedings in the Provincial
Court of the Province of New Brunswick, when a person has violated or failed to comply
with said By-law;
AND WHEREAS section 72 of the Local Governance Act provides that a council may
appoint by-law enforcement officers for the local government and may determine their
terms of office;
AND WHEREAS subsection 150(1) of the Local Governance Act provides that
proceedings for breach of a by-law shall be commenced in the name of the clerk of the
local government or such other person as is designated for that purpose by the council;
NOW THEREFORE BE IT RESOLVED, that Barbara Crawford, Jocelyne Leblanc and P.
Joel Landers are hereby appointed as by-law enforcement officers with respect to the
enforcement of the Drainage By -Law, effective immediately, and this appointment shall
continue until they cease to be employees of the Growth and Community Services
department of The City of Saint John or until it is rescinded by Common Council, whichever
comes first;
AND BE IT FURTHER RESOLVED, that Barbara Crawford, Jocelyne Leblanc and P. Joel
Landers are hereby designated and authorized to lay informations in the Provincial Court
of the Province of New Brunswick for breach of the Drainage By -Law, effective
immediately, and this designation and authorization shall continue until they cease to be
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COMMON COUNCIL / CONSEIL COMMUNAL
December 13, 2021 / le 13 decembre 2021
employees of the Growth and Community Services department of The City of Saint John
or until it is rescinded by Common Council, whichever comes first.
3. WHEREAS, the Common Council of The City of Saint John has enacted certain by-laws
pursuant to the authority of the Community Planning Act, S.N.B 2017, c. 19, and
amendments thereto, (the "Community Planning Act"), including the City of Saint John
Flood Risk Areas By-law, By-law Number C.P. 11 and amendments thereto, and it may
from time to time be necessary to commence proceedings in the Provincial Court of the
Province of New Brunswick, when a person has contravened or failed to comply with this
By-law;
AND WHEREAS paragraph 137(a) of the Community Planning Act provides that no
person shall violate or fail to comply with a provision of a by-law made under this Act;
AND WHEREAS section 139 of the Community Planning Act provides that proceedings
for an offence under this Act shall be commenced in the name of the Minister or the clerk
of the local government or any other person who is designated for that purpose by the
council;
NOW THEREFORE BE IT RESOLVED, that Barbara Crawford and P. Joel Landers are
hereby designated and authorized to lay informations in the Provincial Court of the
Province of New Brunswick for breach of the City of Saint John Flood Risk Areas By-law,
effective immediately, and this appointment and authorization shall continue until they
cease to be employees of the Growth and Community Services department of The City of
Saint John or until it is rescinded by Common Council, whichever comes first.
5.6 That as recommended by the City Manager in the submitted report M&C 2021-
348: Employee and Family Assistance Program result of RFP, Common Council approve
the following:
1. The City enter a three (3) year Agreement, with an option for two (2) additional two
(2) year extensions, with HumanaCare Organizational Resources Inc. for Employee
and Family Assistance Program (EFAP) Service Provider described therein in the
form attached to M&C No. 2021-348; and
2. The Mayor and City 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-
358: Bell and Bell Aliant Service Renewals, Common Council authorize the Mayor and
City Clerk to execute the following agreements for long-distance, Unified Communications
(i.e., landlines and teleconferencing), and internet services.
a) Long Distance and Teleconference Service Schedule November 1, 2021, to July
31, 2023, agreement with Bell Aliant for long distance and tele-conferencing fees as listed
in the agreement (attached).
b) Amendment 2 to Unified Communications- Centrex Multi -Provincial Blended Rates
Services Schedule November 15, 2021, to July 31, 2023, agreement with Bell Aliant as
listed in the agreement (attached).
COMMON COUNCIL / CONSEIL COMMUNAL
December 13, 2021 / le 13 decembre 2021
c) Bell Business Internet Dedicated (bid) Service Schedule November 15, 2021, to
November 15, 2024, agreement with Bell for Internet service fees as listed in the
agreement (submitted).
5.8 That as recommended by the City Manager in the submitted report M&C 2021-
353: Project Management Services — Fundy Quay Related Projects, the proposal from
BCK Consulting Ltd., for Project Management Services for Fundy Quay related
projects in the amount of $172,800 plus HST be accepted and that the Mayor and City
Clerk be authorized to execute the appropriate documentation in that regard.
5.9 That as recommended by the City Manager in the submitted report M&C 2021-
350: Fundy Winterfest 2022 Fireworks Agreement, Common Council authorize Growth
and Community Services staff to enter into an online Agreement with Fireworks FX Inc.
for a fireworks display to be carried out during Fundy Winterfest 2022 subject to the terms
described in the Appendix attached to M&C 2021-350.
5.10 That as recommended by the City Manager in the submitted report M&C 2021-
346: Amendment to Initiate Stop -Up and Closure for Portion of Jack Street, Common
Council approve that the November 29, 2021, resolution of Council relating to the Stop -up
and Closure of a portion of Jack Street be amended as follows:
1. Paragraph 1 of the resolution is amended by deleting "128" and replacing it with
"approximately 137"; and
2. Paragraph 3 of the resolution is amended by deleting "$4,224" and replacing it with
"$4, 521 ".
5.11 That as recommended by the City Manager in the submitted report M&C 2021-
361: Contract 2021-081202T: Fundy Quay— Site Works, Common Council approve the
following:
1. Contract 2021-081202T: Fundy Quay - Site Works be awarded to the low tenderer,
Galbraith Construction Ltd., at the tendered price of $3,023,577.13 (including HST) as
calculated based upon estimated quantities, and further that the Mayor and Common
Clerk be authorized to execute the necessary contract documents; and,
2. Common Council authorize Supply Chain Management to issue a Purchase Order
to the Fundy Region Solid Waste Commission in the amount of $450,000 plus HST to
proceed with the work as outlined in this report.
5.12 That as recommended in the submitted report M&C 2021-355: Engineering
Services — Dominion Park Master Plan — Phase 1, notwithstanding the City's
Procurement Policy for Engagement of Professional Services, Common Council
authorize staff to conduct direct negotiations with Glenn Group Landscape Architects
and Park Planners to carry out engineering services for phase one of the Dominion
Park master plan, as outlined in M&C 2021-292.
5.13 That as recommended by the City Manager in the submitted report M&C 2021-325:
Designation of By-law Enforcement Officer, Common Council adopt the following:
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COMMON COUNCIL / CONSEIL COMMUNAL
December 13, 2021 / le 13 decembre 2021
1. WHEREAS the Common Council of The City of Saint John has enacted certain by-
laws pursuant to the authority of the Local Governance Act, S.N.B. 2017 c.18, and
amendments thereto (the "Local Governance Act"), including the Saint John Minimum
Property Standards By-law, By-law Number M-14, and amendments thereto (the "Saint
John Minimum Property Standards By -lave'), and it may from time to time be necessary to
commence proceedings in the Provincial Court of the Province of New Brunswick, when
a person has violated or failed to comply with the said By-law;
AND WHEREAS section 72 of the Local Governance Act provides that a council may
appoint by-law enforcement officers for the local government and may determine their
terms of office;
AND WHEREAS subsection 25(1) of the Saint John Minimum Property Standards By-law
provides that a by-law enforcement officer appointed by council may notify the owner or
occupier of premises, dwelling, dwelling unit or structure by issuing an Order where the
condition of the premises, dwelling, dwelling unit or structure does not comply with said
By-law;
AND WHEREAS subsection 150(1) of the Local Governance Act provides that
proceedings for breach of a by-law shall be commenced in the name of the clerk of the
local government or such other person as is designated for that purpose by the council;
NOW THEREFORE BE IT RESOLVED, that Darren Brown is hereby appointed as by-law
enforcement officer with respect to the enforcement of the Saint John Minimum Property
Standards By-law, effective immediately, and this appointment shall continue until he
ceases to be an employee of the Growth and Community Services department of The City
of Saint John or until it is rescinded by Common Council, whichever comes first;
AND BE IT FURTHER RESOLVED, that Darren Brown is hereby appointed and
authorized to notify owners and occupiers where the condition of the premises, dwellings,
dwelling units or structures does not comply with the Saint John Minimum Property
Standards By-law, effective immediately, and this appointment and authorization shall
continue until he ceases to be an employee of the Growth and Community Services
department of The City of Saint John or until it is rescinded by Common Council, whichever
comes first;
AND BE IT FURTHER RESOLVED, that Darren Brown is hereby designated and
authorized to lay informations in the Provincial Court of the Province of New Brunswick for
breach of the Saint John Minimum Property Standards By-law, effective immediately, and
this designation and authorization shall continue until he ceases to be an employee of the
Growth and Community Services department of The City of Saint John or until it is
rescinded by Common Council, whichever comes first.
2. 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 Minimum
Property Standards By-law, By-law Number M-14 and amendments thereto (the "Saint
John Minimum Property Standards By -lave'), and it may from time to time be necessary to
make inspections for the administration and enforcement of the By-law;
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COMMON COUNCIL / CONSEIL COMMUNAL
December 13, 2021 / le 13 decembre 2021
AND WHEREAS section 72 of the Local Governance Act provides that a council may
appoint by-law enforcement officers for the local government and may determine their
terms of office;
AND WHEREAS subsection 144(2) of the Local Governance Act provides that a council
may authorize by-law enforcement officers to enter the land, building or other structure at
any reasonable time, and carry out the inspection after giving reasonable notice to the
owner or occupant of the land, building or other structure to be entered;
NOW THEREFORE BE IT RESOLVED, that Darren Brown, by-law enforcement officer, is
hereby appointed as inspection officer and authorized to enter at all reasonable times
upon any property within the territorial boundaries of the City of Saint John for the purpose
of making any inspection that is necessary for the administration and enforcement of the
Saint John Minimum Property Standards By- law which received first and second reading
by Common Council on September 10, 2018 and third reading on September 24, 2018,
being enacted upon approval by the Minister of Local Government, and/or the Local
Governance Act effective immediately, and this authorization shall continue until he
ceases to be an employee of the Growth and Community Services department of The City
of Saint John or until rescinded by Common Council, whichever comes first.
3. 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 Unsightly
Premises and Dangerous Buildings and Structures By-law, By-law Number M-30, and
amendments thereto (the "Saint John Unsightly Premises and Dangerous Buildings and
Structures By-law"), and it may from time to time be necessary to commence proceedings
in the Provincial Court of the Province of New Brunswick, when a person has violated or
failed to comply with the said By-law;
AND WHEREAS section 72 of the Local Governance Act provides that a council may
appoint by-law enforcement officers for the local government and may determine their
terms of office;
AND WHEREAS subsections 132(1) and 132(2) of the Local Governance Act provide that
an officer appointed by council may notify the owner or occupier of premises, a building
or structure by notice in the form prescribed by regulation when a condition exists pursuant
to subsections 131(1), 131(2) or 131(3) of the said Act;
AND WHEREAS subsection 150(1) of the Local Governance Act provides that
proceedings for breach of a by-law shall be commenced in the name of the clerk of the
local government or such other person as is designated for that purpose by the council;
NOW THEREFORE BE IT RESOLVED, that Darren Brown is hereby appointed as by-law
enforcement officer with respect to the enforcement of the Saint John Unsightly Premises
and Dangerous Buildings and Structures By-law, effective immediately, and this
appointment shall continue until he ceases to be an employee of the Growth and
Community Services department of The City of Saint John or until it is rescinded by
Common Council, whichever comes first;
AND BE IT FURTHER RESOLVED, that Darren Brown is hereby appointed and
authorized to notify owners and occupiers with respect to premises, buildings or structures
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that are unsightly; buildings or structures that are a hazard to the safety of the public by
reason of being vacant or unoccupied; buildings or structures that are a hazard to the
safety of the public by reason of dilapidation or unsoundness of structural strength, as set
out in the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law,
effective immediately, and this appointment and authorization shall continue until he
ceases to be an employee of the Growth and Community Services department of The City
of Saint John or until it is rescinded by Common Council, whichever comes first;
AND BE IT FURTHER RESOLVED, that Darren Brown is hereby designated and
authorized to lay informations in the Provincial Court of the Province of New Brunswick for
breach of the Saint John Unsightly Premises and Dangerous Buildings and Structures By-
law, effective immediately, and this designation and authorization shall continue until he
ceases to be an employee of the Growth and Community Services department of The City
of Saint John or until it is rescinded by Common Council, whichever comes first.
4. 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 Unsightly
Premises and Dangerous Buildings and Structures By- law, By-law Number M-30 and
amendments thereto (the "Saint John Unsightly Premises and Dangerous Buildings and
Structures By -lave'), and it may from time to time be necessary to make inspections for the
administration and enforcement of the By-law;
AND WHEREAS section 72 of the Local Governance Act provides that a council may
appoint by-law enforcement officers for the local government and may determine their
terms of office;
AND WHEREAS subsection 144(2) of the Local Governance Act provides that a council
may authorize officers enter the land, building or other structure at any reasonable time,
and carry out the inspection after giving reasonable notice to the owner or occupant of the
land, building or other structure to be entered;
NOW THEREFORE BE IT RESOLVED, that Darren Brown, by-law enforcement officer, is
hereby appointed as an inspection officer and authorized to enter at all reasonable times
upon any property within the territorial boundaries of the City of Saint John for the purpose
of making any inspection that is necessary for the administration and enforcement of the
Saint John Unsightly Premises and Dangerous Buildings and Structures By-law which
received first and second reading by Common Council on May 22, 2018 and third reading
on June 4, 2018, being enacted upon approval by the Minister of Local Government,
and/or the Local Governance Act effective immediately, and this authorization shall
continue until he ceases to be an employee of the Growth and Community Services
department of The City of Saint John or until rescinded by Common Council, whichever
comes first.
5. WHEREAS subsection 135(4) of the Local Governance Act, S.N.B. 2017 c.18, and
amendments thereto, provides that within thirty days after the terms of a notice have been
complied with or a debt due to a local government or due to the Minister of Finance, as
the case may be, is discharged, the local government shall provide a certificate in the form
prescribed by regulation which requires that the corporate seal of the local government be
affixed;
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NOW THEREFORE BE IT RESOLVED, that Jonathan A. Taylor, City Clerk, is hereby
authorized to affix the corporate seal of The City of Saint John to a Certificate of Discharge
that is issued by Darren Brown under the Saint John Unsightly Premises and Dangerous
Buildings and Structures By-law, and such authorization shall continue until Jonathan A.
Taylor ceases to be the City Clerk of The City of Saint John or until it is rescinded by
Common Council, whichever comes first.
6. WHEREAS the Common Council of The City of Saint John has enacted certain by-
laws pursuant to the authority of the Community Planning Act, S.N.B 2017, c. 19, and
amendments thereto (the "Community Planning Act'), including the Saint John Building
By-law, By-law Number C.P. 103 and amendments thereto (the "Saint John Building By-
law"), and it may from time to time be necessary to make inspections for the administration
of the By-law;
AND WHEREAS subsection 133(1) of the Community Planning Act provides that a council
may authorize persons at all reasonable times, and with the consent of the owner or
occupant, enter any land, building or premises for the purposes of inspection if the
Director, the development officer or the person authorized by the Minister or the council
has reasonable grounds to believe that a development or form of development on or in
the land, building or premises violates a provision of this Act or the regulations or a by-law
or an order made under this Act;
NOW THEREFORE BE IT RESOLVED, that Darren Brown is hereby authorized at all
reasonable times, and with the consent of the owner or occupant, enter any land, building
or premises within the territorial boundaries of the City of Saint John for the purpose of
making any inspection that is necessary for the administration and enforcement of the
Saint John Building By-law, effective immediately, and this authorization shall continue
until he ceases to be an employee of the Growth and Community Services department of
The City of Saint John or until rescinded by Common Council, whichever comes first.
7. WHEREAS the Common Council of The City of Saint John has enacted certain by-
laws pursuant to the authority of the Community Planning Act, S.N.B 2017, c. 19, and
amendments thereto (the "Community Planning Act'), including the Saint John Building
By-law, By-law Number C.P. 103, and amendments thereto (the "Saint John Building By-
law"), and it may from time to time be necessary to make orders for the administration and
enforcement of the By-law;
AND WHEREAS subsection 134(1) of the Community Planning Act provides that a council
may authorize persons to, when a development is undertaken in violation of the
Community Planning Act, a by-law or regulation under the Community Planning Act, a by-
law or terms and conditions imposed on the development, order the cessation of the
development, alteration of such development so as to remove the violation, or the doing
of anything required to restore the land, building or structure to its condition immediately
prior to the undertaking of such development;
NOW THEREFORE BE IT RESOLVED, that Darren Brown is hereby authorized to, when
a development is undertaken in violation of the Community Planning Act, the Saint John
Building By-law or the terms and conditions imposed on the development, order the
cessation of the development, alteration of such development so as to remove the
violation, or the doing of anything required to restore the land, building or structure to its
condition immediately prior to the undertaking of such development, effective immediately,
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and this authorization shall continue until he ceases to be an employee of the Growth and
Community Services department of The City of Saint John or until rescinded by Common
Council, whichever comes first.
8. WHEREAS the Common Council of The City of Saint John has enacted certain by-
laws pursuant to the authority of the Community Planning Act, S.N.B 2017, c. 19, and
amendments thereto (the "Community Planning Act"), including the Saint John Building
By-law, By-law Number C.P. 103, and amendments thereto (the "Saint John Building By-
law"), and it may from time to time be necessary to commence proceedings in the
Provincial Court of the Province of New Brunswick, when a person has violated or failed
to comply with the said By-law;
AND WHEREAS paragraph 137(a) of the Community Planning Act provides that no
person shall violate or fail to comply with a provision of a by-law made under this Act;
AND WHEREAS section 139 of the Community Planning Act provides that proceedings
for an offence under this Act shall be commenced in the name of the Minister or the clerk
of the local government or any other person who is designated for that purpose by the
council;
NOW THEREFORE BE IT RESOLVED, that Darren Brown is hereby designated and
authorized to lay informations in the Provincial Court of the Province of New Brunswick for
breach of the Saint John Building By-law, effective immediately, and this appointment and
authorization shall continue until he ceases to be an employee of the Growth and
Community Services department of The City of Saint John or until it is rescinded by
Common Council, whichever comes first.
9. 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, including
the Saint John Dog Control By-law, By-law Number M-13, and the Mobile Home Parks
By-law, By-law Number M-20, including all amendments thereto, and it may from time to
time be necessary to commence proceedings in the Provincial Court of the Province of
New Brunswick, when a person has contravened or failed to comply with these By-laws;
AND WHEREAS section 72 of the Local Governance Act provides that a council may
appoint by-law enforcement officers for the local government and may determine their
terms of office;
AND WHEREAS subsection 150(1) of the Local Governance Act provides that
proceedings for breach of a by-law shall be commenced in the name of the clerk of the
local government or such other person as is designated for that purpose by the council;
NOW THEREFORE BE IT RESOLVED, that Darren Brown is hereby appointed as by-law
enforcement officer with respect to the enforcement of the Saint John Dog Control By-law
and the Mobile Home Parks By-law, effective immediately, and this appointment shall
continue until he ceases to be an employee of the Growth and Community Services
department of The City of Saint John or until it is rescinded by Common Council, whichever
comes first;
AND BE IT FURTHER RESOLVED, that Darren Brown is hereby designated and
authorized to lay informations in the Provincial Court of the Province of New Brunswick for
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breach of the Saint John Dog Control By-law and the Mobile Home Parks By-law, effective
immediately, and this appointment and authorization shall continue until he ceases to be
an employee of the Growth and Community Services department of The City of Saint John
or until it is rescinded by Common Council, whichever comes first.
10. WHEREAS, the Common Council of The City of Saint John has enacted certain
by-laws pursuant to the authority of the Community Planning Act, S.N.B 2017, c. 19, and
amendments thereto, (the "Community Planning Act'), including the City of Saint John
Flood Risk Areas By-law, By-law Number C.P. 11, and The Zoning By-law, By-law Number
C.P. 110, including all amendments thereto, and it may from time to time be necessary to
commence proceedings in the Provincial Court of the Province of New Brunswick, when
a person has contravened or failed to comply with these By-laws;
AND WHEREAS paragraph 137(a) of the Community Planning Act provides that no
person shall violate or fail to comply with a provision of a by-law made under this Act;
AND WHEREAS section 139 of the Community Planning Act provides that proceedings
for an offence under this Act shall be commenced in the name of the Minister or the clerk
of the local government or any other person who is designated for that purpose by the
council;
NOW THEREFORE BE IT RESOLVED, that Darren Brown is hereby designated and
authorized to lay informations in the Provincial Court of the Province of New Brunswick for
breach of the City of Saint John Flood Risk Areas By-law and The Zoning By-law, effective
immediately, and this appointment and authorization shall continue until he ceases to be
an employee of the Growth and Community Services department of The City of Saint John
or until it is rescinded by Common Council, whichever comes first.
5.14 That as recommended by the City Manager in the submitted report M&C 2021-364:
New Year's Eve 2021 Fireworks Display, Common Council authorize Growth and
Community Services staff to enter into an online Agreement with Fireworks FX Inc. for a
fireworks display to be carried out during New Year's Eve 2021 celebrations. This
Agreement will be subject to the terms described in the Appendix attached to M&C 2021-
364.
5.15 Refer to Item 14.1
5.16 That as recommended by the City Manager in the submitted report M&C 2021-345:
2021 Reserves, it is recommended that Common Council adopt the following resolutions
relating to reserve funds:
General Fund
BE IT RESOLVED that Common Council authorizes the contribution of $500,000 from
the General Operating Fund to the General Operating Reserve Fund.
BE IT RESOLVED that Common Council authorizes the transfer of $3,668,373 from
the General Operating Reserve Fund to General Capital Reserve Fund.
BE IT RESOLVED that Common Council authorize the withdrawal of $113,375 from
the General Operating Reserve Fund to the General Operating Fund.
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• BE IT RESOLVED that Common Council authorize the contribution of $5,203,389 to
the General Capital Reserve Fund from the General Operating Fund; and
• BE IT RESOLVED that Common Council authorize the withdrawal of $920,745 from
the General Capital Reserve Fund to the General Capital Fund.
Utility Fund
• BE IT RESOLVED that Common Council authorize the contribution of $419,286 from
the Utility Operating Fund to the Utility Operating Reserve Fund; and
• BE IT RESOLVED that Common Council authorize the withdrawal of $1,000,000 from
the Utility Operating Reserve Fund to the Utility Capital Reserve Fund.
• BE IT RESOLVED that Common Council authorize the contribution of $3,063,045 from
the Utility Operating Fund to the Utility Capital Reserve Fund; and
• BE IT RESOLVED that Common Council authorize the withdrawal of $309,730 from
the Utility Capital Reserve Fund to the Utility Capital Fund.
Moved by Deputy Mayor MacKenzie, seconded by Councillor Sullivan:
RESOLVED that the recommendation set out in each consent agenda item respectively,
with the exception of item 5.15 that has been identified for debate be adopted.
MOTION CARRIED UNANIMOUSLY.
6. Members Comments
7. Proclamation
8. Delegations/Presentations
9. Public Hearings- 6:30pm
9.1 Proposed Zoning By -Law Amendment with Planning Advisory Committee report
recommending amendment — 141 Hawthorne Avenue (1 st and 2nd Reading)
Commissioner Hamilton introduced the request for rezoning for the purpose of conversion
of a hair salon in an existing residential building to establish a third residential unit. The
proposal was approved by the Planning Advisory Committee; further the PAC and City
staff recommendation are aligned.
Mayor Noade Reardon called the Public Hearing to Order.
The Mayor called for members of the public to speak against the proposed amendment
with no one presenting.
The Mayor called for members of the public to speak in favour of the proposed amendment
with no one presenting.
Mayor Noade Reardon closed the public hearing.
Moved by Councillor Harris, seconded by Councillor Radwan:
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RESOLVED that the by-law entitled, "A Law to Amend the Zoning By -Law of The City of
Saint John" amending Schedule "A", the Zoning Map of The City of Saint John, by rezoning
a parcel of land having an area of approximately 2,140 square metres, located at 141
Hawthorne Avenue, also identified as PIDs 00031450 and 55069553 from Two -Unit
Residential (R2) to Low Rise Residential (RL), 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 Hickey, seconded by Deputy Mayor MacKenzie:
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By -Law of The City of
Saint John" amending Schedule "A", the Zoning Map of The City of Saint John, by rezoning
a parcel of land having an area of approximately 2,140 square metres, located at 141
Hawthorne Avenue, also identified as PIDs 00031450 and 55069553 from Two -Unit
Residential (R2) to Low Rise Residential (RL), be read a second time.
MOTION CARRIED
Read a second time by title, the by-law entitled, "A Law to Amend the Zoning By -Law of
The City of Saint John."
9.2 Proposed Zoning By -Law Amendment with Planning Advisory Committee report
recommending amendment — 325 Main Street (1 st and 2nd Reading)
Commissioner Hamilton introduced the rezoning application to legalize an existing 5-unit
residential building. The proposal was approved by the Planning Advisory Committee;
further the PAC and City staff recommendation are aligned.
Mayor Noade Reardon called the Public Hearing to Order.
The Mayor called for members of the public to speak against the proposed amendment
with no one presenting.
The Mayor called for members of the public to speak in favour of the proposed amendment
with no one presenting.
Mayor Noade Reardon closed the public hearing.
Moved by Councillor Killen, seconded by Deputy Mayor MacKenzie:
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By -Law of The City of
Saint John" amending Schedule "A", the Zoning Map of The City of Saint John, by rezoning
a parcel of land having an area of approximately 220 square metres, located at 325 Main
Street, also identified as PID 000370528 from Mixed Commercial (CM) to Urban Centre
Residential (RC), 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."
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Moved by Deputy Mayor MacKenzie , seconded by Councillor Radwan:
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By -Law of The City of
Saint John" amending Schedule "A", the Zoning Map of The City of Saint John, by rezoning
a parcel of land having an area of approximately 220 square metres, located at 325 Main
Street, also identified as PID 000370528 from Mixed Commercial (CM) to Urban Centre
Residential (RC), 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."
10. Consideration of By -Laws
10.1 Amendment to the Procedural By -Law — Communications from the Public (1st
and 2nd Reading)
Consideration was given to the submitted report M&C 2021-357: Amendment to the
Procedural By -Law— Communications from the Public which recommended bolstering the
City's Procedural By -Law by amending section 10.3 "Communications from the public."
Moved by Councillor Hickey, seconded by Councillor Killen:
RESOLVED that the by-law entitled, "By -Law Number L.G.-15 A By -Law respecting the
Procedures of Common Council of The City of Saint John" amending Section 10.3
"Communications from the public", be read a first time.
MOTION CARRIED.
Read a first time by title, the by-law entitled, "By -Law Number L.G.-15 A By -Law respecting
the Procedures of Common Council of The City of Saint John."
Moved by Councillor Hickey, seconded by Councillor Killen:
RESOLVED that the by-law entitled, "By -Law Number L.G.-15 A By -Law respecting the
Procedures of Common Council of The City of Saint John" amending Section 10.3
"Communications from the public", be read a second time.
MOTION CARRIED
Read a second time by title, the by-law entitled, "By -Law Number L.G.-15 A By -Law
respecting the Procedures of Common Council of The City of Saint John."
10.2 Zoning By -Law Amendment with Section 59 Conditions — 461 Millidge Avenue
(31d Reading)
Commissioner Hamilton introduced the 31d reading of an application for rezoning to permit
the development of a 30-unit facility at 461 Millidge Avenue, advising that all legislative
requirements have been met.
Moved by Councillor Sullivan, seconded by Councillor Killen
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RESOLVED that the by-law entitled, "By -Law Number C.P. 111-125 A Law to Amend the
Zoning By -Law of The City of Saint John" amending Schedule "A", the Zoning Map of The
City of Saint John, by rezoning a parcel of land having an area of approximately 3744
square metres, located at 461 Millidge Avenue, also identified as PID 00041517, from
Two -Unit Residential (R2) to Mid -Rise Residential (RM), be read.
MOTION CARRIED.
The by-law entitled, "By -Law Number C.P. 111-125 A Law to Amend the Zoning By -Law
of The City of Saint John," was read in its entirety.
Moved by Councillor Sullivan, seconded by Councillor Killen:
RESOLVED that Common Council, pursuant to the provisions of Section 59 of the
Community Planning Act, impose the following conditions on the parcel of land having an
area of approximately 3744 square metres, located at 461 Millidge Avenue, also identified
as PID Number 00041517:
(a) A vegetative buffer be maintained between the subject property and the adjacent
properties at 451 and 471 Millidge Avenue;
(b) The development and use of the parcel of land be in accordance with detailed building
elevation and site plans, prepared by the proponent and subject to the approval of the
Development Officer, illustrating the design and location of buildings and structures,
garbage enclosures, outdoor storage, driveway accesses, vehicle and bicycle parking,
loading areas, landscaping, amenity spaces, signs, exterior lighting, and other such site
features; and
(c) The above elevation and site plans be attached to the permit application for the
development of the parcel of land.
(d) That the proponent provide a Wetland and Watercourse Alteration Permit, should one
be required by the Province, or written confirmation that one is not required to the
Development Officer at the time of Building Permit application.
(e) That the primary access and egress to the site be to and from Millidge Avenue.
(f) That the secondary access provided between PID Number 00041517 and PID Number
55147797 be designed and maintained for the purposes of fire access with signage
indicating this purpose with the intent of discouraging short cutting between the two
parcels.
(g) That the development of the parcel of land be limited to a maximum of 30 dwelling
units. The developer shall not proceed until they have first submitted an engineered design
and design brief for review and acceptance by the City. The acceptance by the City will
include a review of adequate capacity in the existing municipal systems to support the
proposed development.
(h) If any municipal infrastructure improvements are required to service this proposal, it
will be the owner/developer's full responsibility and cost to complete. Prior to determining
this, detailed engineering plans and a design brief must be submitted by the
owner/developer's engineering consultant to the City for review and approval by the City.
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MOTION CARRIED.
Moved by Deputy Mayor MacKenzie, seconded by Councillor Stewart:
RESOLVED that the by-law entitled, "By -Law Number C.P. 111-125 A Law to Amend the
Zoning By -Law of The City of Saint John" amending Schedule "A", the Zoning Map of The
City of Saint John, by rezoning a parcel of land having an area of approximately 3744
square metres, located at 461 Millidge Avenue, also identified as PID 00041517, from
Two -Unit Residential (R2) to Mid -Rise Residential (RM), be read a third time, enacted,
and the Corporate Common Seal affixed thereto.
MOTION CARRIED.
Read a third time by title, the by-law entitled, "By -Law Number C.P. 111-125 A Law to
Amend the Zoning By -Law of The City of Saint John."
10.3 Business Improvement Levy By -Law Amendment (31d Reading)
Moved by Councillor Killen, seconded by Councillor Radwan:
RESOLVED that the by-law entitled, "A Law to Amend By -Law Number BIA-2, Business
Improvement Levy By -Law" by applying a levy of 16 cents for each one hundred dollars
of assessed value for 2022, be read.
MOTION CARRIED.
The by-law entitled, "A Law to Amend By -Law Number BIA-2, Business Improvement Levy
By -Law", was read in its entirety.
Moved by Deputy Mayor MacKenzie, seconded by Councillor Stewart:
RESOLVED that the by-law entitled, "A Law to Amend By -Law Number BIA-2, Business
Improvement Levy By -Law" by applying a levy of 16 cents for each one hundred dollars
of assessed value for 2022, be read a third time, enacted, and the Corporate Common
Seal affixed thereto.
MOTION CARRIED.
Read a third time by title, the by-law entitled, "A Law to Amend By -Law Number BIA-2,
Business Improvement Levy By -Law."
10.4 By -Law Amendment respecting Water and Sewerage re: Schedules A, B and C
(3rd Reading)
Commissioner McGovern provided an overview of the amendments to repeal and replace
the Water and Sewerage bylaw Schedules A, B, and C to come into effect January 1,
2022.
Moved by Councillor Hickey, seconded by Councillor Harris:
RESOLVED that the by-law entitled, "By -Law Number M-16 A By -Law to Amend a By -
Law respecting Water and Sewerage" repealing and replacing Schedules "A" and "B" and
substituting 2022 rates and amending Schedule "C" Sanitary Sewer surcharge, be read.
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MOTION CARRIED.
The by-law entitled, "By -Law No. M-16 A Law to Amend a By -Law respecting Water and
Sewerage", was read in its entirety.
Moved by Councillor Sullivan, seconded by Councillor Hickey:
RESOLVED that the by-law entitled, "By -Law Number M-16 A By -Law to Amend a By -
Law respecting Water and Sewerage" repealing and replacing Schedules "A" and "B" and
substituting 2022 rates and amending Schedule "C" Sanitary Sewer surcharge, be read a
third time, enacted, and the Corporate Common Seal affixed thereto.
MOTION CARRIED
Read a third time by title, the by-law entitled, "By -Law No. M-16 A Law to Amend a By -
Law respecting Water and Sewerage."
10.5 By -Law Amendment respecting Water and Sewerage re: Schedule "E" (3rd
Reading)
Commissioner McGovern provided an overview of the amendments to repeal and replace
the Water and Sewerage bylaw Schedule E to come into effect January 1, 2022.
Moved by Deputy Mayor Mackenzie, seconded by Councillor Harris:
RESOLVED that the by-law entitled, "By -Law Number M-16 A By -Law to Amend a By -
Law respecting Water and Sewerage" repealing and replacing Schedule "E", be read.
MOTION CARRIED.
The by-law entitled, "By -Law No. M-16 A Law to Amend a By -Law respecting Water and
Sewerage," was read in its entirety.
Moved by Councillor Sullivan, seconded by Councillor Harris:
RESOLVED that the by-law entitled, "By -Law Number M-16 A By -Law to Amend a By -
Law respecting Water and Sewerage" repealing and replacing Schedule "E", be read a
third time, enacted, and the Corporate Common Seal affixed thereto.
MOTION CARRIED
Read a third time by title, the by-law entitled, "By -Law No. M-16 A Law to Amend a By -
Law respecting Water and Sewerage."
10.6 By -Law to Formulate Plans in the Event of an Emergency (31d Reading)
Moved by Councillor Hickey, seconded by Councillor Killen:
RESOLVED that the by-law entitled, "ByLaw No. EM-7 A ByLaw to Formulate Plans in the
Event of an Emergency" amending Section 2 by adding/clarifying a definition for the
acronym "S.J.E.M.O"; and repealing and replacing subsections 3(a) and 3(c), be read.
MOTION CARRIED.
The by-law entitled, "ByLaw No. EM-7 A ByLaw to Formulate Plans in the Event of an
Emergency", was read in its entirety.
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Moved by Councillor Killen, seconded by Councillor Radwan:
RESOLVED that the by-law entitled, "ByLaw No. EM-7 A ByLaw to Formulate Plans in the
Event of an Emergency" amending Section 2 by adding/clarifying a definition for the
acronym "S.J.E.M.O"; and repealing and replacing subsections 3(a) and 3(c), be read a
third time, enacted, and the Corporate Common Seal affixed thereto.
MOTION CARRIED.
Read a third time by title, the by-law entitled, "ByLaw No. EM-7 A ByLaw to Formulate
Plans in the Event of an Emergency."
11. Submissions by Council Members
12. Business Matters -Municipal Officers
12.1 Demolition of Vacant, Dilapidated and Dangerous Building at 119 Riverview
Drive (PID 55237952)
Referring to the submitted report entitled Demolition of Vacant, Dilapidated and
Dangerous Building at 119 Riverview Drive (PID 55237952) Technical Services
Engineer Planner B. Purington advised Council the Notice to Comply was not
followed; therefore, staff recommend demolition.
The Mayor read the cautionary demolition statement as follows:
"The information which has been provided in the Council Kit includes the report of
the Building Inspector stating that the building located at 119 Riverview Drive (PID
55237952) is a hazard to the safety of the public by virtue of its being amongst
other things, dilapidated or structurally unsound. Is there present an owner,
including anyone holding any encumbrance upon this property, who wishes to
present evidence to the contrary, i.e., that the building is structurally sound and not
dilapidated?" No one came forward to present evidence.
Moved by Councillor Hickey, seconded by Councilor Lowe:
RESOLVED that as recommended by the City Manager in the submitted report 2021-342:
Demolition of Vacant, Dilapidated and Dangerous Building at 119 Riverview Drive (PID
55237952) Common Council approve the following:
RESOLVED that the building located at 119 Riverview Drive, PID# 55237952, is to be
demolished as it has become a hazard to the safety of the public by reason of dilapidation;
and
BE IT FURTHER RESOLVED that one or more by-law enforcement officers appointed
and designated under the Saint John Unsightly Premises and Dangerous Buildings and
Structures By-law are hereby authorized to arrange for the demolition, in accordance with
the applicable City purchasing policies.
MOTION CARRIED.
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December 13, 2021 / le 13 decembre 2021
12.2 Update on Pilot Proaram for New Solid Waste Collection Model
Commissioner Hugenholtz provided a briefing recommending Common Council approve
in principle the pilot program for a new solid waste collection model.
Moved by Councillor Norton, seconded by Councillor Hickey:
RESOLVED that as recommended by the City Manager in the submitted report M&C
2021-352: Update on Pilot Program for New Solid Waste Collection Model, Common
Council endorse the implementation of a new Solid Waste Collection Model as detailed in
M&C 2021-352.
MOTION CARRIED with Councillor Radwan voting nay
12.3 Eauitv. Diversitv and Inclusion and the Citv of Saint John
The City Manager advised that at the last Committee of the Whole meeting staff were
directed to provide recommendations for anti -racism and inclusiveness initiatives. The
recommendations are not yet ready to provide. Director Ouellette provided Council with
measures currently in place or in development.
Director P. Ouellette introduced the existing measures in place or in development at the
City to include equity, diversity, and inclusion.
Moved by Deputy Mayor Mackenzie, seconded by Councillor Radwan:
RESOLVED that the presentation by Growth & Community Development be received for
Information.
MOTION CARRIED.
12.4 Shape your City
Director Lisa Caissie introduced the Shape Your City launch on the City website, a new
public engagement tool that enables the public to contribute their ideas.
Moved by Councillor Harris, seconded by Councillor Ogden:
RESOLVED that the presentation `Shape your City' presentation be received for
information.
MOTION CARRIED.
13. Committee Reports
13.1 Growth Committee: ABC Reporting Policy FAS-022 Submissions June 30t", 2021
Chair of the Growth Committee Councillor Killen introduced the new reporting framework
for ABCs to increase transparency.
Moved by Councillor Harris, seconded by Councillor Radwan:
RESOLVED that the submitted report M&C 2021-351: Growth Committee: ABC Reporting
Policy FAS-022 Submissions June 30t", 2021, be received for information.
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December 13, 2021 / le 13 decembre 2021
MOTION CARRIED.
13.2 Finance Committee: 2022 Draft General Operating Budget
Moved by Councillor Sullivan, seconded by Councillor Ogden:
RESOLVED that as recommended by the Finance Committee in the submitted report M&C
2021-349: 2022 Draft General Operating Budget, Common Council approve the following:
1. That the sum of $164,721,858 be the total Operating Budget of the City of Saint
John for 2022.
2. That the sum of $129,423,226 be the Warrant of the City of Saint John for 2022.
3. That the tax rate for the City of Saint John be set at $1.71.
4. That Common Council orders and directs the levying by the Minister of
Environment and Local Government of said amount on real property liable to
taxation under the Assessment Act with the municipality of Saint John.
5. That Common Council authorizes the Chief Financial Officer to disburse, at a time
acceptable to him, to the named Commissions, Agencies and Committees, the
approved funds as contained in the 2022 General Operating Budget.
6. That Common Council approves the 2022 establishment of permanent positions
at 603.
MOTION CARRIED.
14. Consideration of Issues Separate from Consent Agenda
14.1 Urban Development Incentives Policy Amendment
Moved by Councillor Harris, seconded by Councillor Hickey:
RESOLVED that as recommended by the City Manager in the submitted report M&C
2021-343: Urban Development Incentives Policy Amendment:
1. Common Council adopt the amendments to the Urban Development Incentives
Policy in the form attached to M&C No. 2021-343, and
2. Common Council receive and file the Urban Development Incentives Policy Year -
End Report.
MOTION CARRIED.
15. General Correspondence
15.1 Fundy Regional Service Commission — Intent to Borrow (Recommendation:
Receive for Information)
Moved by Councillor Killen, seconded by Deputy Mayor MacKenzie:
RESOLVED that Common Council receive for information the correspondence from the
Fundy Regional Service Commission re — Intent to borrow as follows:
In accordance with Section 28 of the Regional Service Delivery Act, the Fundy Regional
Service Commission intends to submit an application to the Municipal Capital Borrowing
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December 13, 2021 / le 13 decembre 2021
Board (MCBB) for authorization to borrow for a capital expense for the following purpose,
amount and term:
Purpose: Solid Waste Services (Environmental Health)
Amount: $1,300,000
Term: $ 1,300,000 for a term not to exceed 5 years
MOTION CARRIED.
15.2 Saint John Community Arts Board re: 2021 Saint John Community Arts Funding
Program (Winter) (Recommendation: Direct Commissioner of Finance to issue cheques
to grant recipients; receive for information)
Moved by Councillor Killen, seconded by Councillor Harris:
RESOLVED that the correspondence from the Saint John Community Arts Board re: 2021
Saint John Community Arts Funding Program (Winter) be received for information and the
Commissioner of Finance be directed to issue cheques to the following grant recipients:
1. TONIC: Made in New Brunswick Port City 5 $3,300.00
2. Winter Isolation Series Connection Dance Works $3550.00
3. The Snow Queen InterAction School of Performing Arts $3850.00
4. DIY Sound Tech Workshop for Female -Identified and Non -Binary Individuals +
All Ages Show Local FM Campus Radio Station and Quality Block Party
$3000.00
5. Rockwood Park Glows for Winterfest Lily Lake Pavilion $5000.00
6. Winterfest Edition Ampersand Collaborations Perluete $2300.00
MOTION CARRIED.
16. Supplemental Agenda
17. Committee of the Whole
17.1 Special Advisor to Mayor
Moved by Councillor Killen, seconded by Councillor Hickey:
RESOLVED that as recommended by the Committee of the Whole, having met on
December 13, 2021, the City enter into an Employment Agreement with Keith Stevens in
the form as presented to Committee of the Whole in closed session at its December 13,
2021 meeting.
MOTION CARRIED.
17.2 Option Agreement Amendment Fundy Quay
Moved by Councillor Harris, seconded by Councillor Hickey:
RESOLVED that as recommended by the Committee of the Whole, having met on
December 13, 2021, the City enter into the Amended and Restated Option Agreement in
the form as attached to M&C 2021-362, being a version of the Option Agreement entered
into on December 19, 2019 as supplemented and amended by Amendments #1-4 and
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December 13, 2021 / le 13 decembre 2021
new amendments and restated, with Fundy Quay Developments Inc. for the purpose of
amending certain key dates and clarifying certain obligations in respect of the Fundy Quay
Development and that the Mayor and City Clerk be authorized to execute the said
Amended and Restated Option Agreement and any document ancillary thereto or
necessary to effect the transaction.
MOTION CARRIED.
17.3 Agreement between City of Saint John, CMHC and Envision
Moved by Councillor Ogden, seconded by Councillor Killen:
RESOLVED that as recommend by the Committee of the Whole, having met on December
13, 2021, the City enter into an Agreement in the form as attached to M&C No. 2021-365
with the Canada Housing and Mortgage Corporation and Envision Saint John: The
Regional Growth Agency for the purpose of directing the CMHC's share of the annual rent
recoveries under the Market Square Agreement to benefit affordable housing initiatives
and that the Mayor and City Clerk be authorized to execute the said Agreement and any
document ancillary thereto.
MOTION CARRIED.
17.4 Appointments to Committees
Moved by Councillor Harris, seconded by Councillor Ogden:
RESOLVED that as recommended by the Committee of the Whole having met on
December 13, 2021, Common Council approve the following appointments:
Greater Saint John Regional Facilities: to appoint Councillor Radwan as an alternate
member from December 13, 2021, to the end of her current term on Council;
Saint John Airport: to appoint both Ankit Amin and Tom Gribbons for 3-year terms from
December 13, 2021, to December 13, 2024;
Planning Advisory Committee: to appoint Jill Bambury to replace Neil Clements
effective December 13t", 2021, to January 1, 2023.
MOTION CARRIED.
18. Adjournment
Moved by Councillor Killen, seconded by Councillor Lowe:
RESOLVED that the meeting of Common Council held on December 13th, 2021, be
adjourned.
MOTION CARRIED.
The Mayor declared the meeting adjourned at 8:16 p.m.
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K-11
Present:
COMMON COUNCIL / CONSEIL COMMUNAL
December 20, 2021 / le 20 decembre 2021
The City of Saint job n
MINUTES — REGULAR MEETING
COMMON COUNCIL OF THE CITY OF SAINT JOHN
DECEMBER 20TH, 2021 AT 5:00 PM
MEETING CONDUCTED BY ELECTRONIC PARTICIPATION
Deputy Mayor John MacKenzie
Councillor -at -Large Gary Sullivan
Councillor -at -Large Brent Harris
Councillor Ward 1 Joanna Killen
Councillor Ward 2 Barry Ogden
Councillor Ward 3 David Hickey
Councillor Ward 3 Gerry Lowe
Councillor Ward 4 Greg Stewart
Councillor Ward 4 Paula Radwan
Absent: Mayor Donna Noade Reardon
Councillor Ward 1 Greg Norton
Also Present:
Acting City Manager B. McGovern
General Counsel M. Tompkins
Director of Engineering and Chief City Engineer M. Baker
Envision SJ J. Cyr
Director Legislative Services / City Clerk J. Taylor
Administrative Assistant K. Tibbits
Administrative Officer R. Evans
1. Call to Order
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COMMON COUNCIL / CONSEIL COMMUNAL
December 20, 2021 / le 20 decembre 2021
To conform to the Revised Mandatory Order COVID-19 proclaimed October 81n
2021, Council Members and staff participated by video conference. The City Clerk
conducted roll call noting all Council Members in attendance.
To ensure public access and transparency the meeting is being livestreamed,
video recorded and posted to the City's website after the meeting has concluded.
2. Approval of Agenda
3. Disclosures of Conflict of Interest
4. Business Matters - Municipal Officers
4.1 Contract 2021-083001T: Public Space at Market Slip — Site Demolition
Moved by Councillor Sullivan, seconded by Councillor Ogden:
RESOLVED that as recommended by the City Manager in the submitted report
M&C 2021-366: Contract 2021-083001T: Public Space at Market Slip — Site
Demolition, the contract be awarded to the low tenderer, TerraEx Inc., at the
tendered price of $528,218.00 (including HST) as calculated based upon
estimated quantities, and further that the Mayor and Common Clerk be authorized
to execute the necessary contract documents.
MOTION CARRIED.
5. Adjournment
Moved by Councillor Harris, seconded by Councillor Lowe:
RESOLVED that the meeting of Common Council held on December 20th, 2021,
be adjourned.
MOTION CARRIED.
The Mayor declared the meeting adjourned at 5:08 p.m.
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Present:
COMMON COUNCIL / CONSEIL COMMUNAL
January 10th, 2022 / le 10 janvier 2022
The City of Saint job n
MINUTES — REGULAR MEETING
COMMON COUNCIL OF THE CITY OF SAINT JOHN
JANUARY 10TH, 2022 AT 6:00 PM
MEETING CONDUCTED BY ELECTRONIC PARTICIPATION
Mayor Donna Noade Reardon
Deputy Mayor John MacKenzie
Councillor -at -Large Gary Sullivan
Councillor -at -Large Brent Harris
Councillor Ward 1 Joanna Killen
Councillor Ward 1 Greg Norton
Councillor Ward 2 Barry Ogden
Councillor Ward 3 David Hickey
Councillor Ward 3 Gerry Lowe
Councillor Ward 4 Greg Stewart
Councillor Ward 4 Paula Radwan
Also Present:
City Manager J. Collin
General Counsel M. Tompkins
Commissioner, Human Resources S. Hossack
Fire Chief & Chief Emergency Management Services K. Clifford
Commissioner, Utilities & Infrastructure Services B. McGovern
Commissioner, Growth & Community Services J. Hamilton
Chief of Staff & Chief Financial Officer K. Fudge
Commissioner, Public Works and Transportation Services M. Hugenholtz
Director Legislative Services / City Clerk J. Taylor
Deputy Clerk P. Anglin
Administrative Officer R. Evans
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COMMON COUNCIL / CONSEIL COMMUNAL
January 10th, 2022 / le 10 janvier 2022
1. Call to Order
To conform to the Revised Mandatory Order COVID-19 proclaimed January 41", 2022,
Council Members and staff participated by video conference. The City Clerk conducted
roll call noting all Council Members in attendance.
To ensure public access and transparency the meeting is being livestreamed, video
recorded and posted to the City's website after the meeting has concluded.
1.1 Land Acknowledgement
Councillor Sullivan read the Land Acknowledgement and called for a moment of reflection.
"The City of Saint John/Menaquesk is situated is the traditional territory of
the Wolastoqiyik/Maliseet.The Wolastoqiyik/Maliseet along with their Indigenous
Neighbours, the Mi'Kmaq/Mi'kmaw and Passamaquoddy/Peskotomuhkati signed Peace
and Friendship Treaties with the British Crown in the 1700s that protected their rights to
lands and resources."
2. Approval of Minutes
3. Approval of Agenda
Moved by Councillor Killen, seconded by Councillor Hickey:
RESOLVED that the agenda for January 10t", 2022, be approved with the addition of
item 17.1 Security Information and Event Management (SIEM).
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 2022-003:
Proposed Public Hearing Date — 2626 Loch Lomond Road and 1781 Bayside Drive, the
public hearings for the Zoning By-law rezoning application submitted by Hughes Surveys
& Consultants Inc. for 2626 Loch Lomond Road (PIDs 00331066 and 55217285); and the
rezoning and Section 59 conditions amendment application submitted by Hughes Surveys
& Consultants Inc. for 1781 Bayside Drive (a portion of PID 55239131) be scheduled for
Monday, March 7, 2022 at 6:30 p.m. at the Council Chamber, City Hall 2nd floor, 15 Market
Square, Saint John, NB.
5.2 That as recommended by the City Manager in the submitted report M&C 2022-
004: Designation of By -Law Enforcement Officer— Chris Urquhart, Common Council adopt
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 A By-law Respecting the Regulation of
Parking in The City of Saint John, By-law Number LG-8 (the "Saint John Parking By -Lave'),
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January 10th, 2022 / le 10 janvier 2022
A By-law Respecting the Traffic on Streets in The City of Saint John, By-law Number MV
10.1 (the "Saint John Traffic By -Lave') and all amendments thereto;
AND WHEREAS section 72 of the Local Governance Act provides that a council may
appoint by-law enforcement officers for the local government and may determine their
terms of office;
NOW THEREFORE BE IT RESOLVED that Chris Urquhart is hereby appointed as by-law
enforcement officer with respect to the enforcement of the Saint John Parking By -Law and
Saint John Traffic By -Law, effective immediately, and this appointment shall continue until
he ceases to be an employee of the Parking department of The City of Saint John or until
it is rescinded by Common Council, whichever comes first.
5.3 That as recommended by the City Manager in the submitted report M&C 2022-
005: Designation of By -Law Enforcement Officer— Desmond Wallace, Common Council
adopt 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 A By-law Respecting the Regulation of
Parking in The City of Saint John, By-law Number LG-8 (the "Saint John Parking By -Lave'),
A By-law Respecting the Traffic on Streets in The City of Saint John, By-law Number MV-
10.1 (the "Saint John Traffic By -Lave') and all amendments thereto;
AND WHEREAS section 72 of the Local Governance Act provides that a council may
appoint by-law enforcement officers for the local government and may determine their
terms of office;
NOW THEREFORE BE IT RESOLVED that Desmond Wallace is hereby appointed as by-
law enforcement officer with respect to the enforcement of the Saint John Parking By -Law
and Saint John Traffic By -Law, effective immediately, and this appointment shall continue
until he ceases to be an employee of the Parking department of The City of Saint John or
until it is rescinded by Common Council, whichever comes first.
5.4 That as recommend by the City Manager in the submitted report M&C 2022-007:
Software Renewal — ClearRisk Services, Common Council approve the following:
1. That the City exercise a three (3) year renewal extension (years 2022, 2023, and
2024), with ClearRisk Inc. for their cloud -based management information software
solutions utilized by Risk Management, Fleet Management and Human Resources; and
2. The Mayor and City Clerk be authorized to execute the necessary contract
documents.
5.5 That as recommended by the City Manager in the submitted report M&C 2022-
002: Data Integration Consulting Statement of Work, Common Council authorize the
Mayor and City Clerk to execute the Data Integration Consulting Statement of Work
documents with Softchoice submitted with the report.
5.6 That as recommended by the City Manager in the submitted report M&C 2022-
006: 2022 Insurance Renewal, Common Council approve the insurance package
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COMMON COUNCIL / CONSEIL COMMUNAL
January 10th, 2022 / le 10 janvier 2022
presented by BFL Canada, through the Agent of Record, JM & CW Hoper Grant Ltd. and
further approve maximum payments as follow:
Insurance Premiums of
$1,689,780
Agreed Agency Fee of
$30,000
Payable to JM & CW Hope Grant Ltd.
$1,719,780
5.7 That the letter from the Saint John Board of Police Commissioners regarding the
2022 Election of Officers approved at the January 4th, 2022 meeting, namely, Chair
Douglas Jones, Vice -Chair Tamara Kelly, and Secretary Katelin Dean, be received for
information.
Moved by Deputy Mayor MacKenzie, seconded by Councillor Sullivan:
RESOLVED that the recommendation set out in each consent agenda item respectively
be adopted.
MOTION CARRIED UNANIMOUSLY.
6. Members Comments
7. Proclamation
8. Delegations/Presentations
8.1 Envision Saint John: The Regional Growth Agency, presentation on KPIs
Referring to the submitted report entitled Envision Saint John: The Regional Growth
Agency, presentation on KPIs, CEO Paulette Hicks introduced the Regional Growth
Dashboard Meaningful metrics providing insight into the health and growth of the region.
Moved by Councillor Sullivan, seconded by Councillor Hickey:
RESOLVED that the report entitled Envision Saint John: The Regional Growth Agency,
presentation on KPIs be received for information.
MOTION CARRIED.
9. Public Hearings - 6:30pm
9.1 Proposed Zoning By -Law Amendment with Planning Advisory Committee report
recommending rezoning and Staff Presentation - 166 Leinster Street Ost and 2nd
Reading)
Commissioner Hamilton introduced the proposed amendment to the Zoning by-law which
amends Schedule G of the By -Law to increase the maximum building height of PID
Number 55203368 from 14 meters to 20.6 meters. Staff and PAC are aligned and
recommend approval of the variance.
J. Brown working as a consultant on behalf of the City described the proposal.
Mayor Noade Reardon called the Public Hearing to Order.
COMMON COUNCIL / CONSEIL COMMUNAL
January 10th, 2022 / le 10 janvier 2022
The Mayor called for members of the public to speak against the application with no one
presenting.
The Mayor called for members of the public to speak in favour of the application with Mr.
Peter MacKenzie of Comeau MacKenzie Architects presenting.
Mayor Noade Reardon closed the public hearing.
Moved by Councillor Lowe, seconded by Councillor Radwan:
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By -Law of The City of
Saint John" amending Schedule "G" Central Peninsula Maximum Building Heights, by
increasing the maximum building height of PID Number 55203368 from 14 metres to 20.6
metres, 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 Ogden, seconded by Councillor Harris:
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By -Law of The City of
Saint John" amending Schedule "G" Central Peninsula Maximum Building Heights, by
increasing the maximum building height of PID Number 55203368 from 14 metres to 20.6
metres, be read a second time.
MOTION CARRIED.
Read a second time by title, the by-law entitled, "A Law to Amend the Zoning By -Law of
The City of Saint John."
9.2. Proposed Zoning By -Law Amendment with Planning Advisory Committee report
recommending amendment and Staff Presentation - 35 Water Street Ost and 2nd
Reading)
Commissioner Hamilton introduced the request for rezoning for the purpose of
constructing a mixed used development on Fundy Quay with increased height map
amendments. The proposal was approved by the Planning Advisory Committee; the PAC
and City staff recommendation are aligned. Submissions from the public were received.
Senior Planner M. Reade provided the staff presentation for the rezoning including
amending s. 59 conditions.
Mayor Noade Reardon called the Public Hearing to Order.
The Mayor called for members of the public to speak against the application with no one
presenting.
The Mayor called for members of the public to speak in favour of the application with Mr.
Chris Elias, Elias Management Group presenting.
Mayor Noade Reardon closed the public hearing
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COMMON COUNCIL / CONSEIL COMMUNAL
January 10th, 2022 / le 10 janvier 2022
Moved by Councillor Killen, seconded by Councillor Hickey:
RESOLVED that the by-law entitled, "A Law to Amend a By -Law of the City of Saint John"
amending Schedule "A", the Zoning Map of The City of Saint John, by rezoning a parcel
of land having an area of approximately 2.5 hectares, located at 35 Water Street, also
identified as PID Number 55235105 and 55235113, from Waterfront Commercial (CW) to
Waterfront Commercial Integrated Development (CWID); amending Schedule "A", the
Zoning Map of The City of Saint John, by rezoning a parcel of land having an area of
approximately 531 square metres, located at 35 Water Street, also identified as PID
Number 55221881, from Uptown Commercial (CU) to Waterfront Commercial Integrated
Development (CWID); and amending Schedule "G" Central Peninsula Maximum Building
Heights, by increasing the maximum building height of PID Numbers 55221881,
55235105 and 55235113 from 28 metres and 42 metres to 70 metres, 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 Harris, seconded by Councillor Lowe:
RESOLVED that the by-law entitled, "A Law to Amend a By -Law of the City of Saint John"
amending Schedule "A", the Zoning Map of The City of Saint John, by rezoning a parcel
of land having an area of approximately 2.5 hectares, located at 35 Water Street, also
identified as PID Number 55235105 and 55235113, from Waterfront Commercial (CW) to
Waterfront Commercial Integrated Development (CWID); amending Schedule "A", the
Zoning Map of The City of Saint John, by rezoning a parcel of land having an area of
approximately 531 square metres, located at 35 Water Street, also identified as PID
Number 55221881, from Uptown Commercial (CU) to Waterfront Commercial Integrated
Development (CWID); and amending Schedule "G" Central Peninsula Maximum Building
Heights, by increasing the maximum building height of PID Numbers 55221881,
55235105 and 55235113 from 28 metres and 42 metres to 70 metres, be read a second
time.
MOTION CARRIED.
Read a second time by title, the by-law entitled, "A Law to Amend the Zoning By -Law of
The City of Saint John."
9.3. By -Law respecting Closing of Roads, Streets or Highways - Jack Street (1st and
2nd Reading)
Manager Real Estate C. Langille advised the purpose of this amendment is to seek
authority to initiate the process to stop -up and close a small portion of Jack Street right-
of-way for the purpose of conveying it to the owner and mitigating the encroachment to
permit renovations to its 24-unit apartment building to allow the addition of balconies.
Mayor Noade Reardon called the Public Hearing to Order
The Mayor called for members of the public to speak against the application with no one
presenting.
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COMMON COUNCIL / CONSEIL COMMUNAL
January 10th, 2022 / le 10 janvier 2022
The Mayor called for members of the public to speak in favour of the application with no
one presenting.
Mayor Noade Reardon closed the public hearing.
Moved by Councillor Harris, seconded by Deputy Mayor MacKenzie:
RESOLVED that the by-law entitled, "By -Law Number L.G.4-1 A By -Law respecting the
Closing of Roads, Streets or Highways in The City of Saint John", regarding a portion of
Jack Street by adding thereto Section 5 immediately after Section 4 thereof, be read a first
time.
MOTION CARRIED.
Read a first time by title, the by-law entitled, "By -Law Number L.G.4-1 A By -Law respecting
the Closing of Roads, Streets or Highways in The City of Saint John."
Moved by Councillor Sullivan, seconded by Councillor Radwan:
RESOLVED that the by-law entitled, "By -Law Number L.G.4-1 A By -Law respecting the
Closing of Roads, Streets or Highways in The City of Saint John", regarding a portion of
Jack Street by adding thereto Section 5 immediately after Section 4 thereof, be read a
second time.
MOTION CARRIED.
Read a second time by title, the by-law entitled, "By -Law Number L.G.4-1 A By -Law
respecting the Closing of Roads, Streets or Highways in The City of Saint John."
10. Consideration of By -Laws
10.1. Zoning By -Law Amendment with Section 59 Conditions - 141 Hawthorne Avenue
(3rd Reading)
Commissioner Hamilton advised that all legislative requirements have been met to enable
31d reading.
Moved by Deputy Mayor MacKenzie, seconded by Councillor Sullivan:
RESOLVED that the by-law entitled, "By -Law Number C.P. 111-127 A Law to Amend the
Zoning By -Law of The City of Saint John" amending Schedule "A", the Zoning Map of The
City of Saint John, by rezoning a parcel of land having an area of approximately 2,140
square metres, located at 141 Hawthorne Avenue, also identified as PIDs 00031450 and
55069553 from Two -Unit Residential (R2) to Low Rise Residential (RL), be read.
MOTION CARRIED
The by-law entitled, "By -Law Number C.P. 111-127 A Law to Amend the Zoning By -Law
of The City of Saint John" was read in its entirety.
Moved by Councillor Stewart, seconded by Councillor Sullivan:
RESOLVED that Common Council, pursuant to the provisions of Section 59 of the
Community Planning Act, impose the following conditions on the parcel of land having an
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COMMON COUNCIL / CONSEIL COMMUNAL
January 10th, 2022 / le 10 janvier 2022
area of approximately 2,140 square metres, located at 141 Hawthorne Avenue, also
identified as PID Numbers 00031450 and 55069553:
(a) The property is to be limited to a maximum of three (3) residential dwelling units.
(b) The development and use of the parcel of land be in accordance with detailed site plan
and floor plans, prepared by the proponent and subject to the approval of the Development
Officer, illustrating the location of garbage enclosures, driveway accesses, vehicle
parking, landscaping, amenity spaces, and other such site features.
MOTION CARRIED.
Moved by Councillor Hickey, seconded by Councillor Lowe:
RESOLVED that the by-law entitled, "By -Law Number C.P. 111-127 A Law to Amend the
Zoning By -Law of The City of Saint John" amending Schedule "A", the Zoning Map of The
City of Saint John, by rezoning a parcel of land having an area of approximately 2,140
square metres, located at 141 Hawthorne Avenue, also identified as PIDs 00031450 and
55069553 from Two -Unit Residential (R2) to Low Rise Residential (RL), be read a third
time, enacted, and the Corporate Common Seal affixed thereto.
MOTION CARRIED.
Read a third time by title, the by-law entitled, "By -Law Number C.P. 111-127 A Law to
Amend the Zoning By -Law of The City of Saint John."
10.2. Zoning By -Law Amendment with Section 59 Conditions - 576-578 Fundy Drive (3rd
Reading)
Commissioner Hamilton advised that all legislative requirements have been met to enable
31d reading.
Moved by Councillor Hickey, seconded by Councillor Killen:
RESOLVED that the by-law entitled, "By -Law Number C.P. 111-126 A Law to Amend the
Zoning By -Law of The City of Saint John" amending Schedule "A", the Zoning Map of The
City of Saint John, by rezoning a parcel of land having an area of approximately 1,105
square metres, located at 576-578 Fundy Drive, also identified as PID 00384909, from
One -Unit Residential (R1) to Low -Rise Residential (RL), be read.
MOTION CARRIED
The by-law entitled, "By -Law Number C.P. 111-126 A Law to Amend the Zoning By -Law
of The City of Saint John" was read in its entirety.
Moved by Councillor Killen, seconded by Councillor Radwan:
RESOLVED that Common Council, pursuant to the provisions of Section 59 of the
Community Planning Act, impose the following conditions on the parcel of land having an
area of approximately 1180 square metres, located at 576-578 Fundy Drive, also identified
as PID Number 00384909:
(a) The property is to be limited to a maximum of four (4) residential units;
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COMMON COUNCIL / CONSEIL COMMUNAL
January 10th, 2022 / le 10 janvier 2022
(b) The development and use of the parcel of land be in accordance with detailed site
plan and floor plans, prepared by the proponent and subject to the approval of the
Development Officer, illustrating the location of garbage enclosures, driveway accesses,
vehicle parking, landscaping, amenity spaces, and other such site features;
(c) The above site plans be attached to the permit application for the development of the
parcel of land.
MOTION CARRIED.
Moved by Councillor Sullivan, seconded by Councillor Ogden:
RESOLVED that the by-law entitled, "By -Law Number C.P. 111-126 A Law to Amend the
Zoning By -Law of The City of Saint John" amending Schedule "A", the Zoning Map of The
City of Saint John, by rezoning a parcel of land having an area of approximately 1,105
square metres, located at 576-578 Fundy Drive, also identified as PID 00384909, from
One -Unit Residential (R1) to Low -Rise Residential (RL), be read a third time, enacted,
and the Corporate Common Seal affixed thereto.
MOTION CARRIED.
Read a third time by title, the by-law entitled, "By -Law Number C.P. 111-126 A Law to
Amend the Zoning By -Law of The City of Saint John."
10.3. Zoning By -Law Amendment - 325 Main Street (3rd Reading)
Commissioner Hamilton advised all legislative requirements have been met to allow 3rd
reading.
Moved by Councillor Killen, seconded by Deputy Mayor MacKenzie:
RESOLVED that the by-law entitled, "By -Law Number C.P. 111-128 A Law to Amend the
Zoning By -Law of The City of Saint John" amending Schedule "A", the Zoning Map of The
City of Saint John, by rezoning a parcel of land having an area of approximately 220
square metres, located at 325 Main Street, also identified as PID 000370528 from Mixed
Commercial (CM) to Urban Centre Residential (RC), be read.
MOTION CARRIED
The by-law entitled, "By -Law Number C.P. 111-126 A Law to Amend the Zoning By -Law
of The City of Saint John" was read in its entirety.
Moved by Councillor Sullivan, seconded by Councillor Stewart:
RESOLVED that the by-law entitled, "By -Law Number C.P. 111-128 A Law to Amend the
Zoning By -Law of The City of Saint John" amending Schedule "A", the Zoning Map of The
City of Saint John, by rezoning a parcel of land having an area of approximately 220
square metres, located at 325 Main Street, also identified as PID 000370528 from Mixed
Commercial (CM) to Urban Centre Residential (RC), be read a third time, enacted, and
the Corporate Common Seal affixed thereto.
MOTION CARRIED.
COMMON COUNCIL / CONSEIL COMMUNAL
January 10th, 2022 / le 10 janvier 2022
Read a third time by title, the by-law entitled, "By -Law Number C.P. 111-126 A Law to
Amend the Zoning By -Law of The City of Saint John.".
10.4. By -Law respecting the Procedures of Common Council re: Public Communications
(3rd Reading)
General Counsel M. Tompkins reviewed the purpose of the proposed amendment to
bolster the bylaw provision regarding communication to Mayor and Council from the
public.
Moved by Deputy Mayor MacKenzie, seconded by Councillor Stewart:
RESOLVED that the by-law entitled, "By -Law Number L.G.-15 A By -Law respecting the
Procedures of Common Council of The City of Saint John" amending Section 10.3
"Communications from the public", be read.
MOTION CARRIED.
The by-law entitled, "By -Law Number L.G.-15 A By -Law respecting the Procedures of
Common Council of The City of Saint John," was read in summary.
Moved by Councillor Norton, seconded by Councillor Hickey:
RESOLVED that the by-law entitled, "By -Law Number L.G.-15 A By -Law respecting the
Procedures of Common Council of The City of Saint John" amending Section 10.3
"Communications from the public", be read a third time, enacted, and the Corporate
Common Seal affixed thereto.
MOTION CARRIED.
Read a third time by title, the by-law entitled, "By -Law Number L.G.-15 A By -Law
respecting the Procedures of Common Council of The City of Saint John."
11. Submissions by Council Members
11.1 National Urban Parks (Councillor Hickey)
Councillor Hickey introduced the National Urban Parks initiative introduced by the Federal
Minister of the Environment.
Moved by Councillor Hickey, seconded by Councillor Killen:
RESOLVED that Common Council authorize staff to take the necessary steps to ensure
that Rockwood Park becomes poised to be identified as one of Canada's new National
Urban Parks.
MOTION CARRIED.
11.2 Growth Plan to Increase Student Population (Counciilor Ogden)
Moved by Councillor Ogden, seconded by Councillor Sullivan:
RESOLVED that Common Council direct the Growth Committee and Envision Saint John
to build a Growth Plan to dramatically increase our post -secondary student population
which will raise Saint John's education levels and lower our poverty levels.
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COMMON COUNCIL / CONSEIL COMMUNAL
January 10th, 2022 / le 10 janvier 2022
MOTION CARRIED.
12. Business Matters -Municipal Officers
12.1 Saint John Transit "Transformina Transit"
The City Manager commented on the ABC review underway for City service delivery. The
City has been exploring the redesign of the transit system to provide optimal service and
by engaging a Management Service Agreement (MSA).
Chair of the Transit Commission Nick Cameron commented on the Commission's
endorsement of the submitted presentation entitled Saint John Transit "Transforming
Transit"
Director of Transit, I. Fogan provided an overview of the Transit on Demand concept
planning principles to increase ridership and to be efficient, sustainable and to
operationalize Stantec and MoveSJ.
Moved by Councillor Sullivan, seconded by Deputy Mayor MacKenzie:
RESOLVED that Common Council endorse the exploration of Transit on Demand as an
alternative service delivery model for Saint John Transit and the service levels as
described in the planning principles and value statements.
MOTION CARRIED
13. Committee Reports
14. Consideration of Issues Separate from Consent Agenda
15. General Correspondence
15.1 NB Coalition of Persons with Disabilities (Recommendation: Refer to City
Manager)
Moved by Councillor Radwan, seconded by Councillor Norton:
RESOLVED that the submitted letter from Shelley Petit re: New Brunswick Coalition of
Persons with Disabilities be referred to the City Manager.
MOTION CARRIED.
15.2 P. Conway - Flyer Deliveries (Recommendation: Refer to City Manager)
Moved by Councillor Hickey, seconded by Councillor Sullivan:
RESOLVED that the submitted correspondence from P. Conway re: Flyers be referred to
the City Manager.
MOTION CARRIED.
15.3 W. Chiasson - Flyer Deliveries (Recommendation: Refer to City Manager)
11
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COMMON COUNCIL / CONSEIL COMMUNAL
January 10th, 2022 / le 10 janvier 2022
Moved by Councillor Sullivan, seconded by Councillor Hickey:
RESOLVED that the submitted correspondence from W. Chiasson re: Flyer Deliveries
be referred to the City Manager.
MOTION CARRIED.
16. Supplemental Agenda
17. Committee of the Whole
17.1 Security Information and Event Management (STEM)
Moved by Councillor Ogden, seconded by Councillor Killen:
RESOLVED that as recommended by the Committee of the Whole having met on January
101", 2022 Common Council approve an amendment to the 2019-080601 P Security
Information and Event Management (STEM) Agreement in the form as approved previously
on November 18, 2019 with Bulletproof Solutions ULC for the purpose of providing SIEM
services to the City, which shall be effective as of January 1, 2022 and end on November
18, 2022, and that the Mayor and City Clerk be authorized to execute any document
ancillary thereto or necessary to affect the transaction.
MOTION CARRIED.
18. Adjournment
Moved by Councillor Killen, seconded by Councillor Lowe:
RESOLVED that the meeting of Common Council held on January 10th, 2022, be
adjourned.
MOTION CARRIED.
The Mayor declared the meeting adjourned at 9:30 p.m.
12
_►1P
COMMON COUNCIL REPORT
M&C No.
2022 - 008
Report Date
January 10, 2022
Meeting Date
January 24, 2022
Service Area
Strategic Services
Her Worship Mayor Donna Noade Reardon and Members of Common Council
SUBJECT: 2021 Fall Debenture Terms
AUTHORIZATION
Primary Author
Commissioner/Dept. Head
City Manager
Craig Lavigne
Kevin Fudge
John Collin
RECOMMENDATION
It is recommended that Common Council receive and file this report.
EXECUTIVE SUMMARY
On November 5, 2021, the New Brunswick Municipal Finance Corporation
negotiated the sale of a serial bond issue in the amount of $55,400,000 of which
$11,000,000 related to the City of Saint John. The terms to maturity ranges from
1 year to 20 year and the average offering yield is 2.281%.
PREVIOUS RESOLUTION
M&C 2021- 250 - 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 September 22, 2021:
GENERAL FUND — 15 years
General Government $2,000,000
Protective Services $500,000
Transportation $500,000
Recreation and Culture $3,000,000
TOTAL $ 6,000,000
REFINANCE DEBENTURES
Debenture No. BF 10- 2011- $1,500,000
(General Fund — 5 years)
Debenture No. BE 11 -2011- $3,500,000
(Water & Sewerage —10 years)
TOTAL $ 5,000,000
-2-
GRAND TOTAL $11,000,000
REPORT
The terms of the issue as they relate to Saint John are as follows:
Term: 5 year serial form (General) $ 1,500,000
15 year serial form (General) $ 6,000,000
10 year serial form (Water) $ 3,500,000
Coupon Rate: Year 1 - 0.855% Year 6 - 1.932%
Year 2 - 1.151% Year 7 - 2.037%
Year 3 - 1.430% Year 8 - 2.156%
Year 4 - 1.646% Year 9 - 2.262%
Year 5 - 1.786% Year 10 — 2.378%
Price: $ 99.49 (Principal: $1,500,000) 5 Years
Price: $ 99.32 (Principal: $3,500,000) 10 Years
Price: $ 99.23 (Principal: $6,000,000) 15 Years
Settlement Date: November 22, 2021
Year 11 - 2.483%
Year 12 - 2.562%
Year 13 - 2.637%
Year 14 - 2.707%
Year 15 - 2.762%
The interest rates and the discount factor were within the limits approved by
Common Council at its meeting held on September 21, 2021. As such, the Mayor
and Common Clerk have signed the debentures between the City and the New
Brunswick Municipal Finance Corporation for $11,000,000 at the terms listed
above on November 15, 2021.
STRATEGIC ALIGNMENT
N/A
SERVICEAND FINANCIAL OUTCOMES
The City will see savings in interest costs for refinanced debentures, where existing
interest rates were 3.45% for the Fall 2021 interest payments.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
N/A
ATTACHMENTS
N/A
D '� r r I l
jl
COMMON COUNCIL REPORT
M&C No.
2022-009
Report Date
January 11, 2022
Meeting Date
January 24, 2022
Service Area
Growth and Community
Services
Her Worship Mayor Donna Noade Reardon and Members of Common Council
SUBJECT: Designation of By-law Enforcement Officers
AUTHORIZATION
Primary Author
Commissioner/Dept. Head
City Manager
Pamela Bentley
J Hamilton /A Poffenroth
John Collin
RECOMMENDATION
It is recommended that Common Council adopt the attached resolution
appointing Bradley Crowell and Katelyn Davis as by-law enforcement officers for
various City By-laws.
EXECUTIVE SUMMARY
The purpose of this report is to designate Bradley Crowell and Katelyn Davis,
Assistant Building Inspectors, as a by-law enforcement officers for the various by-
laws which are enforced by the Growth and Community Services department.
In doing so, Mr. Crowell and Ms. Davis will be authorized to:
• Issue Orders to Comply and Notices to Comply with respect to
enforcement of by-laws that fall within the scope of the Community
Planning Act and the Local Governance Act;
• Lay informations in Provincial Court with respect to enforcement of by-
laws that fall within the scope of the Community Planning Act and the Local
Governance Act; and
• Conduct inspections pertaining to enforcement of by-laws that fall within
the scope of the Community Planning Act and the Local Governance Act.
PREVIOUS RESOLUTION
N/A
:111
-2-
REPORT
It is necessary at this time to designate Bradley Crowell and Katelyn Davis, newly
hired Assistant Building Inspectors, as a by-law enforcement officers by adopting
the attached resolution so that they may carry out their duties pertaining to
enforcement of the Saint John Building By-law, the Zoning By-law, the Saint John
Dog Control By-law, the Mobile Home Parks By-law, the Saint John Flood Risk
Areas By-law, Saint John Unsightly Premises and Dangerous Buildings and
Structures By-law and the Saint John Minimum Property Standards By-law.
STRATEGIC ALIGNMENT
This report aligns with Council's "Growth" and "Belong" Priorities.
SERVICEAND FINANCIAL OUTCOMES
N/A
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
N/A
ATTACHMENTS
Resolution appointing Bradley Crowell and Katelyn Davis as by-law enforcement
officers.
COMMON COUNCIL / CONSEIL COMMUNAL
January 24, 2022 / le 24 janvier 2022
RESOLVED, that as recommended by the City Manager, the following resolution be
adopted:
1. WHEREAS the Common Council of The City of Saint John has enacted certain by-
laws pursuant to the authority of the Local Governance Act, S.N.B. 2017 c.18, and
amendments thereto (the "Local Governance Act"), including the Saint John
Minimum Property Standards By-law, By-law Number M-14, and amendments
thereto (the "Saint John Minimum Property Standards By-law"), and it may from
time to time be necessary to commence proceedings in the Provincial Court of the
Province of New Brunswick, when a person has violated or failed to comply with
the said By-law;
AND WHEREAS section 72 of the Local Governance Act provides that a
council may appoint by-law enforcement officers for the local government
and may determine their terms of office;
AND WHEREAS subsection 25(1) of the Saint John Minimum Property
Standards By-law provides that a by-law enforcement officer appointed by
council may notify the owner or occupier of premises, dwelling, dwelling
unit or structure by issuing an Order where the condition of the premises,
dwelling, dwelling unit or structure does not comply with said By-law;
AND WHEREAS subsection 150(1) of the Local Governance Act provides
that proceedings for breach of a by-law shall be commenced in the name
of the clerk of the local government or such other person as is designated
for that purpose by the council;
NOW THEREFORE BE IT RESOLVED, that Bradley Crowell and
Katelyn Davis are hereby appointed as by-law enforcement officers
with respect to the enforcement of the Saint John Minimum
Property Standards By-law, effective immediately, and this
appointment shall continue until they cease to be employees of the
Growth and Community Services department of The City of Saint
John or until it is rescinded by Common Council, whichever comes
first;
AND BE IT FURTHER RESOLVED, that Bradley Crowell and Katelyn
Davis are hereby appointed and authorized to notify owners and
occupiers where the condition of the premises, dwellings, dwelling
units or structures does not comply with the Saint John Minimum
Property Standards By-law, effective immediately, and this
appointment and authorization shall continue until they cease to
be employees of the Growth and Community Services department
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COMMON COUNCIL / CONSEIL COMMUNAL
January 24, 2022 / le 24 janvier 2022
of The City of Saint John or until it is rescinded by Common Council,
whichever comes first;
AND BE IT FURTHER RESOLVED, that Bradley Crowell and Katelyn
Davis are hereby designated and authorized to lay informations in
the Provincial Court of the Province of New Brunswick for breach
of the Saint John Minimum Property Standards By-law, effective
immediately, and this designation and authorization shall continue
until they cease to be employees of the Growth and Community
Services department of The City of Saint John or until it is rescinded
by Common Council, whichever comes first.
2. 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
Minimum Property Standards By-law, By-law Number M-14 and amendments
thereto (the "Saint John Minimum Property Standards By-law"), and it may from
time to time be necessary to make inspections for the administration and
enforcement of the By-law;
AND WHEREAS section 72 of the Local Governance Act provides that a
council may appoint by-law enforcement officers for the local government
and may determine their terms of office;
AND WHEREAS subsection 144(2) of the Local Governance Act provides
that a council may authorize by-law enforcement officers to enter the land,
building or other structure at any reasonable time, and carry out the
inspection after giving reasonable notice to the owner or occupant of the
land, building or other structure to be entered;
NOW THEREFORE BE IT RESOLVED, that Bradley Crowell and
Katelyn Davis, by-law enforcement officers, are hereby appointed
as inspection officers and authorized to enter at all reasonable
times upon any property within the territorial boundaries of the
City of Saint John for the purpose of making any inspection that is
necessaryfor the administration and enforcement of the SaintJohn
Minimum Property Standards By- law which received first and
second reading by Common Council on September 10, 2018 and
third reading on September 24, 2018, being enacted upon approval
by the Minister of Local Government, and/or the Local Governance
Act effective immediately, and this authorization shall continue
until they cease to be employees of the Growth and Community
Services department of The City of Saint John or until rescinded by
Common Council, whichever comes first.
2
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COMMON COUNCIL / CONSEIL COMMUNAL
January 24, 2022 / le 24 janvier 2022
3. 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
Unsightly Premises and Dangerous Buildings and Structures By-law, By-law
Number M-30, and amendments thereto (the "Saint John Unsightly Premises and
Dangerous Buildings and Structures By-law"), and it may from time to time be
necessary to commence proceedings in the Provincial Court of the Province of
New Brunswick, when a person has violated or failed to comply with the said By-
law;
AND WHEREAS section 72 of the Local Governance Act provides that a
council may appoint by-law enforcement officers for the local government
and may determine their terms of office;
AND WHEREAS subsections 132(1) and 132(2) of the Local Governance Act
provide that an officer appointed by council may notify the owner or
occupier of premises, a building or structure by notice in the form
prescribed by regulation when a condition exists pursuant to subsections
131(1), 131(2) or 131(3) of the said Act;
AND WHEREAS subsection 150(1) of the Local Governance Act provides
that proceedings for breach of a by-law shall be commenced in the name
of the clerk of the local government or such other person as is designated
for that purpose by the council;
NOW THEREFORE BE IT RESOLVED, that Bradley Crowell and
Katelyn Davis are hereby appointed as by-law enforcement officers
with respect to the enforcement of the Saint John Unsightly
Premises and Dangerous Buildings and Structures By-law, effective
immediately, and this appointment shall continue until they cease
to be employees of the Growth and Community Services
department of The City of Saint John or until it is rescinded by
Common Council, whichever comes first;
AND BE IT FURTHER RESOLVED, that Bradley Crowell and Katelyn
Davis are hereby appointed and authorized to notify owners and
occupiers with respect to premises, buildings or structures that are
unsightly; buildings or structures that are a hazard to the safety of
the public by reason of being vacant or unoccupied; buildings or
structures that are a hazard to the safety of the public by reason of
dilapidation or unsoundness of structural strength, as set out in the
Saint John Unsightly Premises and Dangerous Buildings and
Structures By-law, effective immediately, and this appointment
3
COMMON COUNCIL / CONSEIL COMMUNAL
January 24, 2022 / le 24 janvier 2022
and authorization shall continue until they cease to bean employee
of the Growth and Community Services department of The City of
Saint John or until it is rescinded by Common Council, whichever
comes first;
AND BE IT FURTHER RESOLVED, that Bradley Crowell and Katelyn
Davis are hereby designated and authorized to lay informations in
the Provincial Court of the Province of New Brunswick for breach
of the Saint John Unsightly Premises and Dangerous Buildings and
Structures By-law, effective immediately, and this designation and
authorization shall continue until they cease to be employees of
the Growth and Community Services department of The City of
Saint John or until it is rescinded by Common Council, whichever
comes first.
4. 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
Unsightly Premises and Dangerous Buildings and Structures By- law, By-law
Number M-30 and amendments thereto (the "Saint John Unsightly Premises and
Dangerous Buildings and Structures By-law"), and it may from time to time be
necessary to make inspections for the administration and enforcement of the By-
law;
AND WHEREAS section 72 of the Local Governance Act provides that a
council may appoint by-law enforcement officers for the local government
and may determine their terms of office;
AND WHEREAS subsection 144(2) of the Local Governance Act provides
that a council may authorize officers enter the land, building or other
structure at any reasonable time, and carry out the inspection after giving
reasonable notice to the owner or occupant of the land, building or other
structure to be entered;
NOW THEREFORE BE IT RESOLVED, that Bradley Crowell and
Katelyn Davis, by-law enforcement officers, are hereby appointed
as inspection officers and authorized to enter at all reasonable
times upon any property within the territorial boundaries of the
City of Saint John for the purpose of making any inspection that is
necessary for the administration and enforcement of the SaintJohn
Unsightly Premises and Dangerous Buildings and Structures By-law
which received first and second reading by Common Council on
May 22, 2018 and third reading on June 4, 2018, being enacted
upon approval by the Minister of Local Government, and/or the
4
67i]
COMMON COUNCIL / CONSEIL COMMUNAL
January 24, 2022 / le 24 janvier 2022
Local Governance Act effective immediately, and this authorization
shall continue until he ceases to bean employee of the Growth and
Community Services department of The City of Saint John or until
rescinded by Common Council, whichever comes first.
5. WHEREAS subsection 135(4) of the Local Governance Act, S.N.B. 2017 c.18, and
amendments thereto, provides that within thirty days after the terms of a notice
have been complied with or a debt due to a local government or due to the
Minister of Finance, as the case may be, is discharged, the local government shall
provide a certificate in the form prescribed by regulation which requires that the
corporate seal of the local government be affixed;
NOW THEREFORE BE IT RESOLVED, that Jonathan A. Taylor, City Clerk, is
hereby authorized to affix the corporate seal of The City of Saint John to a
Certificate of Discharge that is issued by Bradley Crowell or Katelyn Davis
under the Saint John Unsightly Premises and Dangerous Buildings and
Structures By-law, and such authorization shall continue until Jonathan A.
Taylor ceases to be the City Clerk of The City of Saint John or until it is
rescinded by Common Council, whichever comes first.
6. WHEREAS the Common Council of The City of Saint John has enacted certain by-
laws pursuant to the authority of the Community Planning Act, S.N.B 2017, c. 19,
and amendments thereto (the "Community Planning Act"), including the Saint
John Building By-law, By-law Number C.P. 103 and amendments thereto (the
"Saint John Building By-law"), and it may from time to time be necessary to make
inspections for the administration of the By-law;
AND WHEREAS subsection 133(1) of the Community Planning Act provides
that a council may authorize persons at all reasonable times, and with the
consent of the owner or occupant, enter any land, building or premises for
the purposes of inspection if the Director, the development officer or the
person authorized by the Minister or the council has reasonable grounds
to believe that a development or form of development on or in the land,
building or premises violates a provision of this Act or the regulations or a
by-law or an order made under this Act;
NOW THEREFORE BE IT RESOLVED, that Bradley Crowell and
Katelyn Davis are hereby authorized at all reasonable times, and
with the consent of the owner or occupant, enter any land, building
or premises within the territorial boundaries of the City of Saint
John for the purpose of making any inspection that is necessary for
the administration and enforcement of the Saint John Building By-
law, effective immediately, and this authorization shall continue
until they cease to be employees of the Growth and Community
5
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COMMON COUNCIL / CONSEIL COMMUNAL
January 24, 2022 / le 24 janvier 2022
Services department of The City of Saint John or until rescinded by
Common Council, whichever comes first.
7. WHEREAS the Common Council of The City of Saint John has enacted certain by-
laws pursuant to the authority of the Community Planning Act, S.N.B 2017, c. 19,
and amendments thereto (the "Community Planning Act"), including the Saint
John Building By-law, By-law Number C.P. 103, and amendments thereto (the
"Saint John Building By-law"), and it may from time to time be necessary to make
orders for the administration and enforcement of the By-law;
AND WHEREAS subsection 134(1) of the Community Planning Act provides
that a council may authorize persons to, when a development is
undertaken in violation of the Community Planning Act, a by-law or
regulation under the Community Planning Act, a by-law or terms and
conditions imposed on the development, order the cessation of the
development, alteration of such development so as to remove the
violation, or the doing of anything required to restore the land, building or
structure to its condition immediately prior to the undertaking of such
development;
NOW THEREFORE BE IT RESOLVED, that Bradley Crowell and
Katelyn Davis are hereby authorized to, when a development is
undertaken in violation of the Community Planning Act, the Saint
John Building By-law or the terms and conditions imposed on the
development, order the cessation of the development, alteration
of such development so as to remove the violation, or the doing of
anything required to restore the land, building or structure to its
condition immediately prior to the undertaking of such
development, effective immediately, and this authorization shall
continue until they cease to be an employee of the Growth and
Community Services department of The City of Saint John or until
rescinded by Common Council, whichever comes first.
8. WHEREAS the Common Council of The City of Saint John has enacted certain by-
laws pursuant to the authority of the Community Planning Act, S.N.B 2017, c. 19,
and amendments thereto (the "Community Planning Act"), including the Saint
John Building By-law, By-law Number C.P. 103, and amendments thereto (the
"Saint John Building By-law"), and it may from time to time be necessary to
commence proceedings in the Provincial Court of the Province of New Brunswick,
when a person has violated or failed to comply with the said By-law;
AND WHEREAS paragraph 137(a) of the Community Planning Act provides
that no person shall violate or fail to comply with a provision of a by-law
made under this Act;
6
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COMMON COUNCIL / CONSEIL COMMUNAL
January 24, 2022 / le 24 janvier 2022
AND WHEREAS section 139 of the Community Planning Act provides that
proceedings for an offence under this Act shall be commenced in the name
of the Minister or the clerk of the local government or any other person
who is designated for that purpose by the council;
NOW THEREFORE BE IT RESOLVED, that Bradley Crowell and
Katelyn Davis are hereby designated and authorized to lay
informations in the Provincial Court of the Province of New
Brunswick for breach of the Saint John Building By-law, effective
immediately, and this appointment and authorization shall
continue until they cease to be employees of the Growth and
Community Services department of The City of Saint John or until
it is rescinded by Common Council, whichever comes first.
9. 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,
including the SaintJohn Dog Control By-law, By-law Number M-13, and the Mobile
Home Parks By-law, By-law Number M-20, including all amendments thereto, and
it may from time to time be necessary to commence proceedings in the Provincial
Court of the Province of New Brunswick, when a person has contravened or failed
to comply with these By-laws;
AND WHEREAS section 72 of the Local Governance Act provides that a
council may appoint by-law enforcement officers for the local government
and may determine their terms of office;
AND WHEREAS subsection 150(1) of the Local Governance Act provides
that proceedings for breach of a by-law shall be commenced in the name
of the clerk of the local government or such other person as is designated
for that purpose by the council;
NOW THEREFORE BE IT RESOLVED, that Bradley Crowell and
Katelyn Davis are hereby appointed as by-law enforcement officers
with respect to the enforcement of the Saint John Dog Control By-
law and the Mobile Home Parks By-law, effective immediately, and
this appointment shall continue until they cease to be employees
of the Growth and Community Services department of The City of
Saint John or until it is rescinded by Common Council, whichever
comes first;
AND BE IT FURTHER RESOLVED, that Bradley Crowell and Katelyn
Davis are hereby designated and authorized to lay informations in
the Provincial Court of the Province of New Brunswick for breach
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6V
COMMON COUNCIL / CONSEIL COMMUNAL
January 24, 2022 / le 24 janvier 2022
of the Saint John Dog Control By-law and the Mobile Home Parks
By-law, effective immediately, and this appointment and
authorization shall continue until they cease to be employees of
the Growth and Community Services department of The City of
Saint John or until it is rescinded by Common Council, whichever
comes first.
10. WHEREAS, the Common Council of The City of Saint John has enacted certain by-
laws pursuant to the authority of the Community Planning Act, S.N.B 2017, c. 19,
and amendments thereto, (the "Community Planning Act"), including the City of
Saint John Flood Risk Areas By-law, By-law Number C.P. 11, and The Zoning By-
law, By-law Number C.P. 110, including all amendments thereto, and it may from
time to time be necessary to commence proceedings in the Provincial Court of the
Province of New Brunswick, when a person has contravened or failed to comply
with these By-laws;
AND WHEREAS paragraph 137(a) of the Community Planning Act provides
that no person shall violate or fail to comply with a provision of a by-law
made under this Act;
AND WHEREAS section 139 of the Community Planning Act provides that
proceedings for an offence under this Act shall be commenced in the name
of the Minister or the clerk of the local government or any other person
who is designated for that purpose by the council;
NOW THEREFORE BE IT RESOLVED, that Bradley Crowell and
Katelyn Davis are hereby designated and authorized to lay
informations in the Provincial Court of the Province of New
Brunswick for breach of the City of Saint John Flood Risk Areas By-
law and The Zoning By-law, effective immediately, and this
appointment and authorization shall continue until they cease to
be employees of the Growth and Community Services department
of The City of Saint John or until it is rescinded by Common Council,
whichever comes first.
8
6'i!
COMMON COUNCIL REPORT
M&C No.
2022-012
Report Date
January 18, 2022
Meeting Date
January 24, 2022
Service Area
Utilities and
Infrastructure Services
Her Worship Mayor Donna Noade Reardon and Members of Common Council
SUBJECT. Engineering Services: Rockland Road (Parks Street to Paradise Row)
and Burpee Avenue (Rockland Road to Civic #99) — Infrastructure
Renewal and Street Reconstruction
AUTHORIZATION
Primary Author
Commissioner/Dept. Head
City Manager
Holly Young
J. Brent McGovern /
Michael Baker
John Collin
RECOMMENDATION
It is recommended that the proposal from CBCL Limited, for engineering design
and construction management services for Rockland Road (Parks Street to
Paradise Row) and Burpee Avenue (Rockland Road to Civic #99) — Infrastructure
Renewal and Street Reconstruction in the amount of $188,347 including HST be
accepted and that the Mayor and City Clerk be authorized to execute the
appropriate documentation in that regard.
EXECUTIVE SUMMARY
The work on Rockland Road includes the replacement of the existing watermain
and sanitary sewer, the installation of a new storm sewer for separation as well as
a full street reconstruction. The work on Burpee Avenue incudes a watermain
renewal and new storm sewer installation for separation. The purpose of this
report is to recommend that Council award the contract for Engineering Services
for the design and construction management services for Rockland Road (Parks
Street to Paradise Row) and Burpee Avenue (Rockland Road to Civic #99) to CBCL
Limited.
PREVIOUS RESOLUTION
November 15, 2021: M&C 2021-303 — 2022 General Fund and Utility Fund Capital
Budgets, approved.
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November 29, 2021: M&C 2021-334 — Revised 2019-2023 Canada Community -
Building Fund (Formallythe Gas Tax Fund) Capital Investment Plan & General Fund
Capital Program — Revision I, approved.
REPORT
BACKGROUND
The approved 2022 Water & Sewerage Utility Fund and General Fund Capital
Programs include funding for design and construction management for
infrastructure renewal (water and sanitary), new storm sewer and street
reconstruction on Rockland Road (Parks Street to Paradise Row) and
infrastructure renewal (water) and new storm sewer on Burpee Avenue (Rockland
Road to Civic #99). The design of the work will commence immediately following
award of the Engineering Services and subsequent Agreement.
A Request for Proposal (RFP) was advertised to engage an Engineering firm to
carry out the following services for the project and included the following
components:
• PartA — Site Surveys, Preliminary Investigation and Data Collection
• Part B — Preliminary Design, Cost Estimates and Design Report
• Part C— Conduct Public Consultation Process
• Part D — Detailed Design
• Part E — Tender Period Services, Materials Testing & Inspection, Red
Books and Record Drawings
• Part F — Construction Management
PURPOSE
The purpose of this report is to make a recommendation for consulting
engineering services for this project.
ANALYSIS
With a comprehensive terms of reference document developed by staff, a public
call for proposals was made for consulting engineering services. The Request for
Proposal (RFP) closed on December 215t, 2021, with responses received from the
following two (2) consulting engineering companies:
• CBCL Limited, Saint John, NB
• Englobe Corp., Saint John, NB
A Review Committee consisting of staff from Supply Chain Management and
Utilities and Infrastructure Services was formed to evaluate submissions.
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Each member completed an independent review of the submissions, and a
meeting was held to develop the final ranking of submissions. The Review
Committee concluded on their recommendation, which follows later in the report.
The evaluation process uses the expertise of a variety of staff from Supply Chain
Management and Engineering to ensure a thorough review of the various
submissions. Care must be taken to ensure that the necessary level of effort and
expertise is being directed to the various tasks involved in the work, while still
ensuring that costs to be incurred are appropriate and controllable. It is for these
reasons that cost, although very important, cannot be the sole nor most critical
deciding factor in making the selection of a consulting engineering firm.
The Committee was tasked with the role of reviewing each submission against the
proposal evaluation criteria as defined in the proposal call document. The criteria
consisted of the following:
1. Quality and Completeness — Does the proposal address all the needs
raised? Is the proposal presented in an organized and professional
manner?
2. Consultant's Experience — Has the consultant demonstrated a level of
expertise with the requirements of this project?
3. Experience of Employees / Sub -consultants — Has the consultant
demonstrated a level of expertise for the employees of the company and
sub consultants listed?
4. Methodology— Does the approach to the project outlined in the proposal
address, in a realistic sense, attainable goals and is it in keeping with the
City's expectations for the project?
5. Value Added — Has the consultant included any additional information,
technology, process, or options in their proposal?
6. Cost — Cost will be a factor, however not the only factor to be considered.
Is the price quoted in line with the City's estimate for the work and has it
allowed for each aspect of the project to be adequately addressed?
After careful, independent consideration of presentation, company experience,
personnel and technical proposal, the Review Committee compiled the findings of
each member. After completion of the "technical" evaluation, the financial
proposals were opened and evaluated. The financial proposals were submitted
separately and were not part of the technical review.
After due consideration, the Review Committee selected the submission from
CBCL Limited as the best proposal based on an overall rating of the evaluation
criteria - presentation, company experience, personnel, technical proposal, value
added and cost. The submission from CBCL Limited met all the requirements of
the proposal call, in a manner acceptable to the committee and with a cost-
effective bid for the project.
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POLICY — ENGAGEMENT OF ENGINEERING CONSULTANTS
The costs incurred by the consultant will be paid in accordance with the terms of
the Request for Proposal at the rates submitted and accepted in the consultant's
proposal not to exceed the Recommended Hourly Rates as contained in The
Association of Consulting Engineering Companies — New Brunswick fee guideline.
The Construction Management component of this project fee is based on an
estimated 16-week overall construction period. The final fee will be calculated
based on the actual construction management period.
STRATEGIC ALIGNMENT
This report aligns with Council's Priorities for GROW, MOVE, GREEN AND
PERFORM as the project includes reconstructing a city street that is currently in
poor condition with Other Share funding.
SERVICEAND FINANCIAL OUTCOMES
The proposed cost of work from CBCL Limited to provide engineering design and
construction management services for the Rockland Road (Parks Street to
Paradise Row) and Burpee Avenue (Rockland Road to Civic #99) — Infrastructure
Renewal and Street Reconstruction project is $189,727 including HST.
This cost is based on an estimated 16-week construction management period. An
amount of $1,160,000 is included in the 2022 Water & Sewerage Utility Fund and
General Fund Capital Programs (Canada Community - Building Fund Funding) for
engineering design and construction management services, and construction for
this project.
Engineering fees to cover the costs of design and construction management
generally do not exceed 15-20% of the total overall project cost, depending on the
nature of the project and the engineering services required. This upset fee is
approximately 16.4% of the total estimated project cost, which when reviewing
the submitted prices from the two (2) consultants would reflect current market
value for this type of work.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
Supply Chain Management facilitated the RFP process to solicit proposals from
Engineering Consultants for the Rockland Road — Burpee Avenue project. The
committee was tasked with the role of reviewing each submission against the
proposal evaluation criteria as defined in the proposal call document.
In accordance with the City's policies and procedures, separate assessments of the
technical and financial aspects of the submissions were undertaken by the
evaluation committee members. The above process is in accordance with the
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City's Procurement Policy and
recommendation being put forth.
ATTACHMENTS
N/A
Supply
Chain Management support the
611%]
COUNCIL REPORT
M&C No.
2022-017
Report Date
January 10, 2022
Meeting Date
January 24, 2022
Service Area
Public Works &
Transportation
Her Worship Mayor Donna Reardon and Members of Common Council
SUBJECT: Heather Way Resurfacing
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner/Dept. Head
City Manager
Michael Hugenholtz
Michael Hugenholtz
I John Collin
RECOMMENDATION
It is recommended that Common Council approve the recommendation to
resurface Heather Way, and to incorporate separate bike lanes on each side of
the centre median as outlined in M&C 2022-017.
EXECUTIVE SUMMARY
Asphalt resurfacing was scheduled for Heather Way in 2021 but was postponed
due to questions from Councillors about options for road diets and active
transportation opportunities. Staff have since undertaken further analysis
including public consultation and are now recommending to move forward with
the resurfacing in 2022, and to reconfigure the use of the right-of-way to include
bike lanes.
REPORT
Background
Heather Way is a four -lane roadway in East Saint John running between Hickey
Road and Grandview Avenue . It is built with two vehicle lanes in each direction
separated by a centre median and a fifth lane in breaks in the median for left -
turning traffic (similar to University Avenue). There are residential
neighbourhoods to the east and west of this road and is made up predominately
of single family homes and townhouses. This differs slightly from the University
Avenue corridor in that regard as the latter is part of the Campus -Harbour
Connection (designated cycling route) and see a much higher volume of traffic
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including commercial driveways and anchored by the University and Regional
Hospital.
Last year asphalt resurfacing was planned for this street but questions were raised
by Councillors when staff presented the list of streets. A number of Councillors
questioned the need for the four lanes and asked if there were other alternatives
for this space (i.e. a road diet). Consequently, resurfacing of this street was
removed from the scope of work to enable staff to look at other options.
Based on the measured traffic volumes on Heather Way, a two-lane road has
sufficient capacity to offer a good level of service for vehicle traffic. There is a
concrete sidewalk on both sides of the street, separated from traffic by a grass
median.
Our Move SJ Cycling strategy does not identify the need for a cycling route along
Heather Way. There are no cycling facilities on either Grandview Avenue or Hickey
Road.
Public Consultation
City staff held a virtual community meeting on June 30, 2021. Five community
members participated in the meeting. The virtual meeting was also saved and
provided on the City's website following the meeting with a further 23 community
members providing feedback via e-mail. The meeting included a presentation by
City staff where context and a series of potential options for Heather Way's layout
with pros and cons of each were provided to help generate discussion and
feedback.
During the community meeting there was not consensus on what, if any changes,
should occur for Heather Way. There were suggestions related to closing a
portion of the street temporarily for community events. Some concerns were
expressed with reducing space for vehicle traffic during limited times where major
work is scheduled at the near by Irving Oil refinery. Some comments related to
improving Active Transportation beyond Heather Way were provided.
Similarly, there was no consensus on a single approach among the 23 written e-
mail responses. There were some who did appear to consolidate on the idea of
buffered bike lanes if an option were chosen to add cycling facilities. However,
there were others who commented that spaces should be maintained as is for
motorists with some indications that improved pedestrian crossings, as opposed
to cycling facilities, should be the focus. It appeared some respondents may have
had a stronger opinion that cycling infrastructure should be added if it connected
to a broader cycling route, which it does not.
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In summary, there was not a general consensus from feedback provided at the
meeting or in follow-up correspondence on what, if any changes to Heather Way,
should be implemented.
Options Considered
Status Quo: this would see the road resurfaced and all lanes remain dedicated to
vehicle traffic. The cost to resurface all four lanes would be approximately
$440,000 based on pricing from 2021. It is anticipated that this would be a
recurring cost every 15-20 years.
Addition of Bike Lanes: this option would see the full road resurfaced and one
lane in each direction designated as a buffered bike lane. This would be similar to
the approach taken on University Avenue but without the delineators or
removable bollards. There would be some modest costs associated with installing
signage and the annual painting of bike symbols.
Create Linear Park: this option would see all vehicle traffic moved to one side of
the existing median, with the other side being turned into a linear park. The
existing asphalt and road base would be removed and topsoil, sod, landscaping
and additional trees added. This space would also have a multi -use asphalt path
for pedestrians & cyclists. This option would require a one-time investment of
$1.3 million. In addition, there would be maintenance requirements for the
ongoing care of the greenspace and landscaping which would need to be included
in operating budgets going forward. This option is not supported by Play SJ which
suggests a focus on existing infrastructure (quality over quantity). There would be
savings from having to resurface the asphalt on two lanes: approximately
$220,000 every 15-20 years.
Staff have ruled out the option of creating a linear park because it does not fit with
the direction of PlaySJ and does not make financial sense. Although cycling lanes
are not specifically called for along this stretch of roadway, Council has clearly
been supportive of more investments into active transportation options. In this
case the addition of buffered bike lanes can enable active transportation along
this route at a very modest cost. Consolidation of vehicle traffic from two lanes
to one in each direction may offer some measure of traffic calming along this route
while still accommodating the current levels of traffic. Maintaining the centre
median and associated left turns lanes will assure a good level of service.
STRATEGIC ALIGNMENT
This report best aligns with Common Council's priority of:
• Move — by enhancing active transportation options
I'
ME
SERVICEAND FINANCIAL OUTCOMES
The resurfacing of Heather Way will be done as part of our annual street
resurfacing program which is jointly funded through our 2022 General Capital
Budget and the 2022 General Operating Budget. The changes to the line
painting and signage required for the cycling lanes can be accomplished through
regular operations.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
A summary of the public consultation results have been included above. Staff
from Growth & Community Services were consulted as part of this work and are
in support of the recommendations.
W
COMMON COUNCIL REPORT
M&C No.
2022-011
Report Date
January 19, 2022
Meeting Date
January 24, 2022
Service Area
Utilities and
Infrastructure Services
Her Worship Mayor Donna Noade Reardon and Members of Common Council
SUBJECT. Contract No. 2021-08: Wentworth Street (Elliott Row to Orange
Street) — Water, Sanitary and Storm Sewer Renewal and Street
Reconstruction
AUTHORIZATION
Primary Author
Commissioner/Dept. Head
City Manager
Holly Young
J. Brent McGovern /
Michael Baker
John Collin
RECOMMENDATION
It is recommended that Contract No. 2021-08: Wentworth Street (Elliott Row
to Orange Street) — Water, Sanitary and Storm Sewer Renewal and Street
Reconstruction be awarded to the low Tenderer, Galbraith Construction Ltd. at
their tendered price of $1,682,485.65 (including HST) as calculated based upon
estimated quantities, and further that the Mayor and City Clerk be authorized
to execute the necessary contract documents.
EXECUTIVE SUMMARY
The purpose of this report is to recommend that Council award 2021-08:
Wentworth Street (Elliott Row to Orange Street) — Water, Sanitary and Storm
Sewer Renewal and Street Reconstruction to the low tenderer.
PREVIOUS RESOLUTION
July 26, 2021: M&C 2021-221 — Utility and General Fund — 2021 Capital
Program, Revision III, approved.
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REPORT
BACKGROUND
The approved 2021 Water & Sewerage Utility Fund and General Fund Capital
Programs include funding for the reconstruction of Wentworth Street from
Elliott Row to Orange Street.
The work involves the replacement of the existing watermain and sanitary
sewer, installation of a new storm sewer for separation, and full street
reconstruction including new concrete curb and sidewalk, grass medians,
roadway granular materials, asphalt, trees, and signage.
19:1►101:1:l:11:6910161
Tenders closed on January 111h, 2022, with the following results, including HST:
1. Galbraith Construction Ltd. $1,682,485.65
2. Fairville Construction Ltd. $1,779,625.00
3. TerraEx Inc. $1,829,834.00
4. Dexter Construction Company Limited $2,025,722.70
5. L.C.L. Excavation (2006) Inc. $2,113,597.19
The Engineer's estimate for the work was $1,710,675.60, including HST.
The tenders were reviewed by staff and were found to be formal in all respects.
Staff is of the opinion that the low tenderer has the necessary resources and
expertise to perform the work and recommends acceptance of their tender.
FINANCIAL IMPLICATIONS
The Contract includes work that is charged against the 2021 Water & Sewerage
Utility Fund and the General Fund Capital Programs. This project is partially
funded by the Integrated Bilateral Funding program. Assuming award of the
Contract to the low tenderer, an analysis has been completed which includes
the estimated amount of work that will be performed by the Contractor and
Others.
The analysis is as follows:
Budget $1,665,000
Project Net Cost $1,843,810
Variance (Shortfall) $ 178,810
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The projected budget shortfall can be managed within the overall approved
2021 Water & Sewerage Utility Fund and General Fund Capital Programs. As
there were multiple Integrated Bilateral Funded projects that came in under
budget in 2021 these funded projects will be utilized as an offset for the
Wentworth Street funding shortfall (26.67% City Share - $47,688.63 & 73.33%
Other Share — $131,121.37).
POLICY - TENDERING OF CONSTRUCTION CONTRACTS
The recommendation in this report is made in accordance with the provisions
of Council's policy for the tendering of construction contracts, the City's
General Specifications and the specific project specifications.
STRATEGIC ALIGNMENT
This report aligns with Council's Priorities for GROW, MOVE, GREEN AND
PERFORM as the project includes reconstructing a city street that is currently
in poor condition while leveraging Other Share funding.
During the design phase of the work for this project, a review of the Central
Peninsula Secondary Plan (The Secondary Plan) was completed. The Secondary
Plan contains several Policies and Proposals relating to the Central
Peninsula. Throughout the engagement process in developing the Plan, more
street trees and greening was identified as a community priority. With respect
to Wentworth Street, the Secondary Plan has included the priorities for more
street trees and greening as these blocks presently do not have grass nor trees,
they are simply asphalt including asphalt sidewalks. As well, there was also a
noted desire to improve pedestrian infrastructure.
The reconstruction of Wentworth Street includes the water and sanitary sewer
infrastructure as well as a new storm sewer for separation. This street
reconstruction design achieves a more livable environment in the Uptown. A
few noteworthy improvements include:
• Traffic Calming— Road narrowing is a recognized traffic (speed) calming
measure. The existing street cross-section (asphalt width) ranges
between 10.85 - 11.8 m. By reducing the asphalt surface to
approximately 9.4 m, this will maintain sufficient travel lanes and on -
street parking while enhancing safety through traffic calming.
• Pedestrian Access Ramps — the addition of access ramps will be
installed in the sidewalks at pedestrian crossings flush with the asphalt
roadway surface to remove any barriers to access by all users of the
pedestrian transportation infrastructure. Shorter pedestrian crossing
distances for pedestrians at intersections also promotes additional
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safety, which will be achieved for Wentworth given the planned road
narrowing.
• New Sidewalks - Replacement of asphalt sidewalks with new concrete
curb and sidewalks; the addition of a new grass median and the planting
of street trees, where possible. This "greening" is in -line with the
Central Peninsula Secondary Plan and Council's new priorities.
• Grass Medians and Trees - The addition of grass medians provides
greenspace between the road and the property line or sidewalk thereby
enhancing an area where many of the buildings either face directly at
the street or are at the edge of the right-of-way. Street trees, once fully
grown, can act as another traffic (speed) calming measure as these
create a tunnelling effect. The new grassed medians range from 0.6
meters wide to 1.5 meters depending on the block that is being
reconstructed.
Based on the Secondary Plan and MoveSJ, this street has not been designated
in the plan as being a preferred route for bike lanes and therefore no specific
cycling infrastructure is planned for this street. The traffic calming measures
described are expected to encourage slower speeds for the benefit of
cyclists. As is the case on every City Street, "Ellen's Law" requires motorists to
provide space for cyclists if passing.
SERVICEAND FINANCIAL OUTCOMES
The municipal infrastructure on this street is in poor condition and requires
replacement. The renewal of the infrastructure will reduce the likelihood of
future service disruptions to the residents. The storm water and sanitary sewer
flows will be separated on these sections of Wentworth Street, pedestrians will
be able to walk on the new concrete sidewalks rather than deteriorated asphalt
surfaces, asphalt road resurface will be new, many trees will be planted, and
grass medians added.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
The Tendering process for this project was completed in accordance with the
City's Procurement Policy and Supply Chain Management supports the
recommendation being put forth. Growth and Community Services, and Public
Works and Transportation Services have reviewed and provided input to the
design/report.
ATTACHMENTS
N/A
AYA
COMMON COUNCIL REPORT
M&C No.
2022-014
Report Date
December 23, 2021
Meeting Date
January 24, 2022
Service Area
Growth and Community
Services
Her Worship Mayor Donna Noade Reardon and Members of Common Council
SUBJECT: Neighbourhood Service Agreement Renewals
AUTHORIZATION
Primary Author
Commissioner/Dept. Head
City Manager
Amy McLennan
Jacqueline Hamilton
I John Collin
RECOMMENDATION
The City Manager recommends Common Council:
1. 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, 2022 until
December 31, 2022, in the form attached as 'Appendix A' to this report
and that the Mayor and City Clerk be authorized to sign all necessary
documentation.
2. 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, 2022
until December 31, 2022, in the form attached as 'Appendix B' to this
report and that the Mayor and City Clerk be authorized to sign all necessary
documentation.
EXECUTIVE SUMMARY
The City of Saint John has supported the city's five (5) priority neighbourhoods
since 2009 through its annual grant programs. The purpose of the funding is to
support service providers working directly within Saint John's priority
neighbourhoods with their operational costs and service agreements were
established accordingly in 2016.
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In addition to the agreements being recommended for renewal in MC Report
2022-014, there are currently two-year agreements in place with the following
neighbourhood groups, which are due to expire December 31, 2022:
• P.U.L.S.E. (People United in the Lower South End)
• Crescent Valley Resource Centre Inc.
• ONE Change Inc.
• Waterloo Village Neighbourhood Association
• TRC (The Resource Centre) for Youth in Greater Saint John, Inc.
The recommendations in MC Report 2022-014 for one-year renewal agreements
with Saint John Human Development Council Inc. (Around The Block Community
Newspaper) and Carleton Community Centre, Inc., are to align the expiry dates of
those agreements with the agreements currently in place for the remaining
neighbourhood groups.
The annual funding for all of the Neighbourhood Service Agreements, including
those being recommended for renewal in MC Report 2022-014, totals $152,000
and is included in the approved 2022 General Fund Operating Budget.
PREVIOUS RESOLUTION
On March 8, 2021, it was resolved 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.
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
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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 W 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.
REPORT
The City of Saint John has supported the city's five (5) priority neighbourhoods
since 2009 through its annual grant programs. Service agreements for the priority
neighbourhoods were established in 2016 and are now administered through
Growth and Community Services. The annual funding for these agreements totals
$152,000 and is included in the approved 2022 General Fund Operating Budget.
The purpose of the funding is to support service providers working directly within
Saint John's priority neighbourhoods with their operational costs. The service
providers deliver programs and services, as well as connect citizens to resources
Me]
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that will alleviate the effects of poverty and improve quality of life. Sustained
funding is vital to their operations. Ongoing municipal support also allows service
providers to leverage funding from other sources in order to strengthen their
capacity and meet the evolving needs of the community.
In addition to the agreements being recommended for renewal in MC Report
2022-014, there are currently two-year agreements in place with the following
neighbourhood groups, which are due to expire December 31, 2022:
• P.U.L.S.E. (People United in the Lower South End)
• Crescent Valley Resource Centre Inc.
• ONE Change Inc.
• Waterloo Village Neighbourhood Association
• TRC (The Resource Centre) for Youth in Greater Saint John, Inc.
The recommendations of one-year renewal agreements with Saint John Human
Development Council Inc. (Around The Block Community Newspaper) and
Carleton Community Centre, Inc., are to align the expiry dates with the
agreements currently in place for the remaining neighbourhood groups.
It is recognized that the needs of neighbourhood residents and our community as
a whole are ever -evolving and, with that understanding, there is a need to
continually evaluate the impact of funding and the initiatives it supports. As noted
directly in the renewal agreements attached to MC Report 2022-014 as 'Appendix
A' and 'Appendix B', recommendations regarding future renewals of
Neighbourhood Service Agreements will be based upon City of Saint John staff's
evaluation of key performance indicators. These key performance indicators will
be identified and outlined during the 2022 calendar year, in consultation with
neighbourhood and community groups. It is recognized that longer, multi -year
agreements are ideal for organizations in terms of operational planning and for
requesting funding from other parties. This understanding will be factored into
staff recommendations for future renewals.
Around The Block
The free community newspaper, Around The Block, distributed its first edition in
October 2008. The newspaper's primary objective has been to serve as the voice
of Saint John's priority neighbourhoods, celebrating their good news, providing
information, and offering advocacy. This publication continues to be printed and
distributed in hard copy; however, recent issues of 'Around The Block' can also be
viewed online on the Human Development Council's website:
https://sjhdc.ca/around-the-block/.
71
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Carleton Community Centre, Inc.
The Lower West Side had been without a Neighbourhood Service Agreement since
2018. The Carleton Community Centre was well -positioned to expand its capacity
with the funding received through the Neighbourhood Service Agreement in 2021.
As a result, Carleton Community Centre, Inc., was able to undertake additional
outreach into the surrounding neighbourhood. Details of the programming and
services that were made possible by this funding are outlined in 'Appendix C',
attached to MC Report 2022-014.
COVID-19 Community Impacts
Due to the ongoing pandemic, 2021 continued to present challenges for priority
neighbourhoods. Job loss and the sporadic closures of schools presented ongoing
needs for food security measures. Partnerships were formed to safely provide
food and meals to families in need throughout the priority neighbourhoods.
Increased outreach efforts have become the standard practice to connect with
residents and meet immediate needs in food security and mental wellness.
Existing programs continue to adapt, and new programs continue to be
introduced, all adhering to any COVID-19 Provincial Mandatory Order
requirements in place. As communities continue to adjust to the evolving
challenges the pandemic presents, programs and services to support physical and
mental wellness continue to be essential. In short, the need and demand for
accessible service providers in Saint John's five priority neighbourhoods has never
been greater.
STRATEGIC ALIGNMENT
This report aligns with Council's priority of 'Belong' by supporting the quality of
life of residents in priority neighbourhoods in Saint John.
These agreements also support Play SJ's vision of providing services and programs
through a community partnership model.
SERVICEAND FINANCIAL OUTCOMES
The annual funding amounts indicated in the recommended agreements are in
alignment with the approved 2022 General Fund Operating Budget and represent
a zero percent increase over 2021 funding amounts. The funding amounts are as
follows:
-6-
Saint John Human Development Council Inc.
$22,000
(Around the Block Community Newspaper)
Carleton Community Centre, Inc.
$20,000
TOTAL:
$42,000
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
• The General Counsel's Office has reviewed the renewal agreements
attached to MC Report 2022-014 as 'Appendix A' and 'Appendix B'.
• This report was reviewed by the City of Saint John's Finance department.
• Reports and proposals were submitted by the service providers to inform
recommendations from City staff.
ATTACHMENTS
Appendix A — HDC Around The Block Renewal Agreement 2022
Appendix B — Carleton Community Centre Inc. Renewal Agreement 2022
Appendix C— Carleton Community Centre Inc. Neighbourhood Report 2021
rig]
THIS REVIVAL AND RENEWAL AGREEMENT made this day of 2022 and
effective as of January 1, 2022.
BY AND BETWEEN:
SAINT JOHN HUMAN DEVELOPMENT COUNCIL INC.
(Around the Block Community Newspaper), a
neighbourhood association duly incorporated under the
laws of the Province of New Brunswick, having its head
office at the City of Saint John, in the County of Saint
John, and Province of New Brunswick, hereinafter called
the "Association"
OF THE FIRST PART
and
THE CITY OF SAINT JOHN, having its offices at the City
Hall Building at 15 Market Square, Saint John, New
Brunswick, a body corporate by Royal Charter, confirmed
and amended by Acts of the Legislative Assembly of the
Province of New Brunswick, hereinafter called the "City"
OF THE SECOND PART
WHEREAS Saint John Common Council supports the neighbourhood and community development
principles outlined in PLAYSJ;
AND WHEREAS the Association is a service provider which aims to build safe, supportive and healthy
communities and link its residents to resources, services and programs to improve quality of life;
AND WHEREAS Common Council, at its meeting held on December 17, 2018, resolved to accept the
proposal submitted by the Association in request of a Service Agreement for Organizational and Project
Support for the calendar years 2019, 2020;
AND WHEREAS pursuant to a Common Council resolution adopted on February 11, 2019, the City and the
Association entered into an agreement dated February 11, 2019 (the "2019 Agreement");
AND WHEREAS the 2019 Agreement expired December 31, 2020;
AND WHEREAS pursuant to a Common Council resolution adopted on March 8, 2021, the City and the
Association entered into a Revival and Renewal Agreement dated March 25, 2021 (the "2021
Agreement");
AND WHEREAS the 2021 Agreement expired December 31, 2021;
AND WHEREAS the City and the Association desire to revive and renew the 2021 Agreement for one (1)
year from January 1, 2022 to December 31, 2022;
rL!
NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the mutual covenants and
agreements herein and subject to the terms and conditions in this Agreement, the parties agree as
follows:
The 2021 Agreement between the parties, dated March 25, 2021, is hereby revived and is
declared to be in full force and effect unamended, except to the extent expressly set forth herein;
II. Effective immediately prior to December 31, 2021, the parties renew the term of the 2021
Agreement for one (1) year from January 1, 2022, to midnight of December 31, 2022;
III. The Association shall provide for the development and delivery of programs and services in
accordance with the terms and conditions contained in the said Agreement, and shall further
comply with the following new provisions:
a. Recommendations regarding renewals of Neighbourhood Service Agreements such as
this Agreement will be based upon City staff's evaluation of key performance
indicators. These key performance indicators will be identified and outlined during the
2022 calendar year, in consultation with neighbourhood and community groups.
b. The City retains the option to submit article content to be published free of charge in
issues of 'Around The Block' printed during the period of this Agreement.
C. 'Around The Block' will provide up to five (5) advertisements in issues printed during the
period of this Agreement free of charge to be used for City's service areas and
commissions; advertisements to be no less than 1/8-page and done in consultation with
the City's Communications Office.
d. Editorial staff of'Around the Block' should consult with the City's Communications Office
prior to including any City -related content in the publication they deem may have the
potential to be significantly divisive or controversial in nature.
IV. Subject to the Association's compliance with the provisions of the said Agreement, the City shall
pay to the Association an annual grant of $22,000.00 in one lump sum payment, on or before
March 31, 2022; and
V. This Revival and Renewal Agreement and the Agreements as previously entered, together
constitute the entire agreement between the parties.
IN WITNESS WHEREOF the parties have affixed their respective corporate seals, attested by the hands of
their respective officers duly authorized in that behalf on the day aforementioned.
SIGNED, SEALED & DELIVERED
In the presence of:
SAINT JOHN HUMAN DEVELOPMENT COUNCIL
INC.
Per:
Brian Stephenson, President
rNl
THE CITY OF SAINT JOHN
Donna Noade Reardon, Mayor
Jonathan Taylor, City Clerk
Common Council Resolution:
.2022
01.1
PROVINCE OF NEW BRUNSWICK
COUNTY OF SAINT JOHN
I, Brian Stephenson, of the of and Province of New Brunswick, MAKE OATH
AND SAY:
1. THAT I am the President of Saint John Human Development Council Inc., and am authorized to
make this affidavit and have personal knowledge of the matters hereinafter deposed to.
2. THAT the seal affixed to the foregoing agreement and purporting to be the corporate seal of Saint
John Human Development Council Inc., is the corporate seal of Saint John Human Development
Council Inc., a party named in the foregoing instrument and it was affixed by the officer authorized
to so affix the seal.
3. THAT the Signature "Brian Stephenson" subscribed to the said instrument is my signature and as
President, I am duly authorized to execute the said instrument.
4. THAT the said document was executed as aforesaid at the City of Saint John and Province of New
Brunswick on the day of 12022.
SWORN TO before me at the
City of Saint John, County of
Saint John and Province of
New Brunswick on the
day of 2022
Commissioner of Oaths
Brian Stephenson
rrA
PROVINCE OF NEW BRUNSWICK
COUNTY OF SAINT JOHN
I, Jonathan Taylor, of the City of Saint John, in the County of Saint John and Province of New Brunswick,
MAKE OATH AND SAY:
1. THAT I am the City Clerk of the City of Saint John and have custody of the Common Seal hereof.
2. THAT the seal affixed to the foregoing instrument is the Common Seal of The City of Saint John
and that it was so affixed by Order of the Common Council of the said City.
3. THAT the signature "Donna Noade Reardon" to the said instrument is the signature of Donna
Noade Reardon, Mayor of the said City, and the signature "Jonathan Taylor" thereto is my own
signature.
4. THAT we are the proper officers to sign the foregoing instrument on behalf of The City of Saint
John.
SWORN TO BEFORE ME
At the City of Saint John, in the
County of Saint John and
Province of New Brunswick this
day of 12022
Commissioner of Oaths
Being a Solicitor
Jonathan Taylor
rE:j
THIS REVIVAL AND RENEWAL AGREEMENT made this day of , 2022 and
effective as of January 1, 2022.
BY AND BETWEEN:
THE CITY OF SAINT JOHN, having its offices at the City
Hall Building at 15 Market Square, Saint John, New
Brunswick, a body corporate by Royal Charter, confirmed
and amended by Acts of the Legislative Assembly of the
Province of New Brunswick, hereinafter called the "City"
OF THE FIRST PART
-and-
CARLETON COMMUNITY CENTRE, INC., a
neighbourhood association duly incorporated under the
laws of the Province of New Brunswick, having its head
office at the City of Saint John, in the County of Saint
John, and Province of New Brunswick, hereinafter called
the "Association"
OF THE SECOND PART
WHEREAS Saint John Common Council supports the neighbourhood and community development
principles outlined in PLAYSJ;
WHEREAS the Association is a service provider which aims to build safe, supportive and healthy
communities and link its residents to resources, services and programs to improve quality of life;
AND WHEREAS pursuant to the Common Council resolution adopted on March 8, 2021, the City and the
Association entered into an agreement dated March 25, 2021 (the "Agreement");
AND WHEREAS the said Agreement provides at Clause 2:
2. Upon the termination of this Agreement the Association may apply to renew this
Agreement.
AND WHEREAS the said Agreement expired December 31, 2021;
AND WHEREAS the City and the Association desire to revive and renew the said Agreement for one (1)
year from January 1, 2022 to December 31, 2022;
NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the mutual covenants and
agreements herein and subject to the terms and conditions set out in this Agreement, the parties agree
as follows:
0611
1. The City shall grant to the Association an annual sum of $20,000.00 to support its operational and
organizational needs.
2. Upon the termination of this Agreement, the Association may apply to renew this Agreement.
3. THE CITY SHALL:
a. Pay to the Association the annual grant in one lump sum on or before March 31 of each
year of this Agreement;
b. Provide a staff liaison from Growth and Community Services to meet on a regular basis
with the Association to support the planning and achievement of its goals; and
c. Provide a staff liaison to the collective Neighbourhood Action Group (NAG).
4. THE ASSOCIATION SHALL:
a. Connect residents to required resources that aim to alleviate the effects of poverty and
improve quality of life as per the Proposal in Schedule A:
i. Assist residents in accessing resources in areas such as housing, mental health,
wellness programs, food supports and completion of provincial and federal
forms; and
ii. Host free tax clinics in partnership with service providers.
b. Develop and deliver programs and services that contribute to resilient, healthy and
sustainable neighbourhoods, as per the Proposal in Schedule A:
i. Provide food security programs such as "Grab and Go Meals";
ii. Provide an emergency food pantry to supplement West Side Food Bank hours;
iii. Provide a bike -share program that gifts families in need with re -constructed
bicycles and bike -safety lessons;
iv. Provide digital access (computers/tablets) for public to use internet, study,
perform research, job search, etc; and
v. Host community events to allow residents to gather, socialize and foster
community pride.
c. Be an active member of the Neighbourhood Action Group by participating in meetings
and collective efforts of all Priority Neighbourhood initiatives; and funding of this
Agreement is contingent upon this involvement;
d. Provide detailed reports, including financial statements, that will capture the
Association's outcomes and impact to the community;
E:ii]
e. Obtain liability insurance in the amount of $2,000,000.00 and the policy shall name the
City as a co-insured. The Association shall provide an annual certificate of insurance to
the City outlining the above, prior to the City releasing the annual payment; and
f. Recognize the City in all promotional materials and campaigns (digital, print, media) and
public events.
Performance
5. Both parties agree to do everything necessary to ensure that the terms of this Agreement take
effect.
6. Recommendations regarding renewals of Neighbourhood Service Agreements such as this
Agreement will be based upon City staff's evaluation of key performance indicators. These key
performance indicators will be identified and outlined during the 2022 calendar year, in
consultation with neighbourhood and community groups.
Non -Performance
7. The failure on the part of either party to exercise or enforce any right conferred upon it under this
Agreement shall not be deemed to be a waiver of any such right or operate to bar the exercise or
enforcement thereof at any time or times thereafter.
Remedies
8. Upon default by either party under any terms of this Agreement, and at anytime after the default,
the parties shall have all rights and remedies provided by law and by this Agreement.
9. No delay or omission by the City in exercising any right or remedy shall operate as a waiver of
them or of any right or remedy, and no single or partial exercise of a right or remedy shall preclude
any other or further exercise of them or the exercise of any other right or remedy. Furthermore,
the City may remedy any default by the Association in any reasonable manner without waiving
the default remedied and without waiving any other prior or subsequent default by the
Association. All rights and remedies of the City granted or recognized in this Agreement are
cumulative and may be exercised at any time and from time to time independently or in
combination.
Force Maieure
10. It is agreed between the parties that neither party shall be held responsible for damages caused
by delay or failure to perform his undertakings under the terms of the Agreement when the delay
or failure is due to fires, strikes, floods, acts of God, lawful acts of public authorities, or delays or
defaults caused by common carriers, which cannot be reasonably foreseen or provided against.
Reference to Prior Agreement
11. This Agreement supersedes and takes the place of all prior agreements entered into by the
parties.
E:1iI
Amandmante
12. No change or modification of this Agreement shall be valid unless it be in writing and signed by
each party.
Further Documents
13. The parties agree that each of them shall, upon reasonable request of the other, do or cause to
be done all further lawful acts, deeds and assurances whatever for the better performance of the
terms and conditions of this Agreement.
Validity and Interpretation
14. Descriptive headings are inserted solely for convenience of reference, do not form part of this
Agreement, and are not to be used as an aid in the interpretation of this Agreement.
15. It is intended that all provisions of this Agreement shall be fully binding and effective between the
parties, but in the event that any particular provision or provisions or part of one is found to be
void, voidable or unenforceable for any reason whatsoever, then the particular provision or
provisions or part of the provision shall be deemed severed from the remainder of this Agreement
and all other provisions shall remain in full force.
Governing Law
16. This Agreement shall be governed by and construed in accordance with the laws of the Province
of New Brunswick.
Termination of Agreement
17. The City shall retain the right to cancel this Agreement at any time and without cause. Whereby
this Agreement is nullified or cancelled the Association shall reimburse the City the unused
portion of funding provided through this Agreement.
Terms of Agreement
18. The Agreement shall commence on or about January 1, 2022 and shall continue for a period of
one (1) year, ending on December 31, 2022 unless earlier terminated by the City in accordance
with the provisions of Article 17 hereof (the "Term")
THIS AGREEMENT shall enure to the benefit of and be binding on the respective heirs, executors,
administrators and assigns of each of the parties.
IN WITNESS WHEREOF the parties have affixed their respective corporate seals, attested by the hands of
their respective officers duly authorized in that behalf on the day aforementioned.
E:3A
SIGNED, SEALED AND DELIVERED
In the presence of:
Witness
Witness
THE CITY OF SAINT JOHN
Donna Noade Reardon, Mayor
Jonathan Taylor, City Clerk
Common Council Resolution:
2022
CARLETON COMMUNITY CENTRE INC.
Per:
Dennis Sisco
Chair, Board of Directors
E:ic3
— SCHEDULE A —
Dear Mayor Darling and Saint John Common Council,
The Carleton Community Centre, now a registered charity, seeks to enter into a Neighbourhood Service
Agreement with the City of Saint John, granting our organization an annual sum of $20,000 to support
operational and organization needs. As one of Saint John's Five Priority Neighbourhoods, the Lower West
Side has been without a service agreement since 2018.
We are extremely grateful for the City's ongoing support of the community centre. Now in its third year
as a registered non-profit and community -led centre, our organization, staff and partners have continued
to grow in capacity in order to meet the needs of residents. In addition to recreational, wellness,
educational and social programs and activities offered at the centre, the Carleton also serves as a one -
stop shop for low-income and poverty-stricken residents.
The $20,000 funding from a Neighbourhood Service Agreement will primarily support staff resources
required to deliver services. Every year, hundreds of individuals come to the Carleton seeking assistance
in areas such as food security, housing, mental health, income taxes, and completing forms. They rely on
Carleton staff to assist them in navigating and accessing resources.
Like our counterparts in other priority neighbourhoods, the Carleton offers daily programs and services
to alleviate the effects of poverty and low-income living. This includes a food security program, emergency
food pantry, tax clinics, as well as public access to computers and a satellite location to Crescent Valley's
Bike Share program. As active members of the Neighbourhood Action Group, we enjoy learning from and
collaborating with priority neighbourhood associations to serve residents.
During COVID 19, we established partnerships with the Inner City Youth Ministry to deliver emergency
food bags. We now have a partnership with Hillcrest Baptist Church to offer a Grab and Go meal program.
We have enhanced our educational and resource offerings with the refurbishments of two modular
classrooms. In addition to the GED program that takes place, the classrooms now also provide additional
space for Teen Tutoring and serve as a source of revenue for meeting rental space.
In short, the Carleton Community Centre is an active service provider for the Lower West Side. We are
confident in our ability to meet or exceed the requirements of the City's Neighbourhood Service
Agreement and look forward to extending our impact in the Lower West Side.
Please find attached a summary of our programs and services.
Thank you again for your consideration,
Dustin Leclerc
Executive Director, CCC Inc.
dustin@carletoncommunityicentre.ca
Office: (506) 658-2920
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CARLETON COMMUNITY CENTRE AND CITY OF SAINT JOHN NEIGHBOURHOOD SERVICE AGREEMENT
In addition to operating a full -service community centre, Carleton staff dedicate time and resources to
alleviate the effects of poverty and improve quality of life. The City of Saint John Neighbourhood Service
Agreement annual sum of $20,000 will support the following deliverables specific to serving priority
neighbourhood residents.
STAFF RESOURCES
Assist residents to access resources in areas such as housing, mental health, wellness programs, and
food supports.
Assist patrons with the use of computers and software to access resources, perform research, study, job
search or complete forms.
Support an emergency food pantry to supplement West Side Food Bank hours as required.
Coordinate monthly food purchase club.
Coordinate "Grab and Go Meals" program with Hillcrest Baptist Church.
Host free tax clinics in partnership with service providers.
Deliver community events to allow residents to gather, socialize and foster community pride.
Implement evaluation tools to capture outcomes and impact of services.
Provide detailed reports.
Participate in the Neighbourhood Action Group.
Participate in collaborative efforts to address poverty in Saint John.
EQUIPMENT, SUPPLIES AND SERVICE COSTS
Food supplies for "Grab and Go" Meal Program (up to $3.50 pp x 90 meals per week)
Food supplies to stock Emergency Food Pantry
Emergency clothing purchases as required.
Equipment costs associated with bike -share program that gifts families in need with re -constructed
bicycles and bike -safety lessons.
Internet service, software and security upgrades, and repair fees to provide digital access
(computers/tablets) for patrons to use internet, study, etc.
Costs associated with community events such as rentals, food, and entertainment.
Promotional materials (digital and print) of programs and activities.
(Will recognize City of Saint John as the primary sponsor.)
E:16'7
OUR TEAM:
Dustin Leclerc, Executive Director
Kate Worden, Marketing & Programs Coordinator
Madelynn Ryan, Youth Program Coordinator
Jaime Worden, Special Projects & Facility Coordinator
Marta Kelly, Finance Coordinator
Abbygail Craig, Youth Counsellor
Aydan Wyse, Youth Counsellor
Leah Robichaud, Youth Counsellor
Jenna Durelle, Youth Counsellor
Mike Eatman, Seasonal Groundskeeper
HOURS OF OPERATION:
Monday 8:OOam — 9:OOpm
Tuesday 8:OOam — 9:OOpm
Wednesday 8:OOam — 9:OOpm
Thursday 8:OOam — 9:OOpm
Friday 8:OOam — 9:OOpm
Saturday *Open for Rentals Only*
Sunday 10:OOam — 9:OOpm
E:11.1
PROVINCE OF NEW BRUNSWICK
COUNTY OF SAINT JOHN
I, Jonathan Taylor, of the City of Saint John, in the County of Saint John and Province of New Brunswick,
MAKE OATH AND SAY:
1. THAT I am the City Clerk of the City of Saint John and have custody of the Common Seal hereof.
2. THAT the seal affixed to the foregoing instrument is the Common Seal of The City of Saint John
and that it was so affixed by Order of the Common Council of the said City.
3. THAT the signature "Donna Noade Reardon" to the said instrument is the signature of Donna
Noade Reardon, Mayor of the said City, and the signature "Jonathan Taylor" thereto is my own
signature.
4. THAT we are the proper officers to sign the foregoing instrument on behalf of The City of Saint
John.
SWORN TO BEFORE ME
At the City of Saint John, in the
County of Saint John and
Province of New Brunswick this
day of 12022
Commissioner of Oaths
Being a Solicitor
Jonathan Taylor
E:Yl
PROVINCE OF NEW BRUNSWICK
COUNTY OF SAINT JOHN
I, Dennis Sisco, of the City of Saint John and Province of New Brunswick, MAKE OATH AND SAY:
1. THAT I am the Chair of the Board of Directors of Carleton Community Centre Inc., and am
authorized to make this affidavit and have personal knowledge of the matters hereinafter
deposed to.
2. THAT the seal affixed to the foregoing instrument and purporting to be the corporate seal of
Carleton Community Centre Inc., is the corporate seal of Carleton Community Centre Inc., a party
named in the foregoing instrument and it was affixed by the officer authorized to so affix the seal.
3. THAT the Signature "Dennis Sisco" subscribed to the said instrument is my signature and as Chair
of the Board of Directors I am duly authorized to execute the said instrument.
4. THAT the said document was executed as aforesaid at the City of Saint John in the Province of
New Brunswick on the _ day of 12022.
SWORN TO BEFORE ME
At the City of Saint John, in the
County of Saint John and
Province of New Brunswick this
day of 12022
Commissioner of Oaths
Being a Solicitor
Dennis Sisco
Chair, Board of Directors
E:1:3
CARLETON
COMMUNITY CENTRE
Mayor Reardon, Common Council, City Manager and City Staff,
On behalf of the Lower West neighborhood, I would like to thank you for your continuous and
unwavering support. As the recipient of the 2021 Neighborhood Stimulus Grant, we have been able to
support so many residents and provide our neighborhood some much needed stability in trying times.
As most know, Carleton Community Centre is the neighborhood hub in the Lower West of Saint John
offering social, recreational, and basic needs services/programs. Our vision is that the Lower West Side
becomes a thriving community where residents feel valued, and no one is left behind.
In addition to our emergent responses, Carleton offers a variety of programs and services that alleviate
the effects of poverty and low-income living. Year round, residents rely on Centre staff to help navigate
and access resources that alleviate food insecurity, housing instability, mental health crisis, employment
issues, literacy/numeracy barriers, and more. It is not uncommon for us to support a resident facing
eviction, food insecurity, transportation issues, or literacy barriers while navigating government
supports/systems. Currently we offer hot meals, an emergency food pantry to support the food banks
efforts, free tax clinics, public access to internet/computers, community clothing closet, resume support,
west side network, and we are a satellite location of the Saint John Bike Share program which
remediates transportation barriers. We also play an advocacy role for this demographic, striving for
changes that will positively impact their lives (ex. affordable housing/rent control policies).
We are requesting a continuation of this work with the city as our partner in 2022. Through the
Neighborhood Stimulus Grant, we feel confident that our team has the capacity to exceed the
requirements of the grant.
Dustin Leclerc, Executive Director
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CARLETON
COMMUNITY CENTRE
Below is a brief organizational summary, an impact report (year to date), and some projects on the
horizon:
Our Team:
Dustin Leclerc, Executive Director (FTE)
Kate Worden, Marketing & Programs Coordinator (FTE)
Madelynn Ryan, Youth Program Coordinator (FTE)
Tim Chaffey, Neighbourhood Developer (FTE)
Marta Kelly, Finance Coordinator (PTE)
Samantha Chappel, Project Coordinator, Teen Education (PTE)
Morgan Salter, Cheer Coordinator (PTE)
Al lie Smith, Rental Supervisor (PTE)
Kyla Beechin, Youth Program Leader (PTE)
Sydney Ryan, Youth Program Leader (PTE)
Haylee Dever, Youth Program Leader (PTE)
Hours of Operation:
Monday 8:00am — 9:00pm
Tuesday 8:00am — 9:00pm
Wednesday 8:00am — 9:00pm
Thursday 8:00am — 9:00pm
Friday 8:00am — 9:00pm
Saturday *Open for Rentals Only*
Sunday 10:00am — 9:00pm
Note: The Neighborhood Developer supports residents outside of operating hours depending on whether
it is an emergent need or not. Closures on statutory holidays, and reduced operations between Boxing
Day and New Year's Day.
0191
I all CARLETON
1 I all I COMMUNITY CENTRE
Impact Report (Year to Date 2021)
Grab and Go Meals: 4,048 hot meals served to lower west residents. In partnership with Hillcrest
Church, we cook and serve "to go" hot meals to residents that are food insecure twice a week (Mondays
and Wednesdays).
Emergency Food Pantry: 47 individuals accessed our emergency food pantry (14 youth, 27 adults, and 6
seniors). This pantry is typically by referral only for those unable to make the food bank portions last or
if in emergent need.
Bike Share Program (West): 42 bikes gifted to lower west residents with either financial or
transportation barriers, 19 helmets gifted to children/youth, and 6 bikes tuned up/repaired. We now
have a bike workshop in the basement of the centre dedicated to this program and we work with
community partners like Chroma, SJ Tool Library, SJ Learning Exchange, and CVRC for special
events.
Information/Support Hub: 74 residents requested 1 on 1 support navigating forms, gov. supports etc. At
times, residents may need help with digital applications, translations, reading and/or writing.
Income Tax Clinic: 270 Income tax returns were filed by staff and volunteers. Due to COVID-19 this is a
3-month project that is in a drop off format.
Community Events: We hosted 2 large community events and had approximately 324 attendees. We
also hosted 2 community projects: a neighborhood clean-up and the west side walkway which each
engaged approximately 20 volunteers.
Clothing and General Support: 28 residents provided with clothing, 11 residents were referred to
agencies for supports outside of our scope, 3 bus passes provided to residents engaged in programming
at the Centre, and 1 laptop provided to teen unable to join virtual learning.
GED Classroom: Providing an ongoing learning environment for 12 adults to obtain their GED.
West Side Network: Starting May of 2021 we developed a multi-sectoral west side network filled with
neighborhood stakeholders. This network focuses on outreach/promotion, building connectedness,
event/program updates, and addressing community needs. Since its inception we have hosted 5 virtual
calls with the Mayor, Councilors Hickey and Lowe, City staff, School Principals and staff, Community
Police Officers, Library staff, residents in the neighborhood, and a variety of community organizations.
021
CARLETON
COMMUNITY CENTRE
Impact Story:
A middle-aged woman sought the centre's support because of a housing crisis. She was living in a
boarding house that Centre staff are familiar with and have supported tenants there in the past. The
building is unsafe and frequently creates instability for tenants. She was presenting some significant
health issues, was robbed, and was unaware of her rights as a tenant. When robbed she also lost her
vaccination record, which presented further barriers to her very few options.
We supported her by starting with the emergent needs: we provided her with something to eat and some
fresh clothing. We took her downstairs to the health clinic and had a surface health assessment
completed while we worked on some further solutions.
We were able to obtain and print her vaccination record, secure her with a bed at Coverdale, and set up
a series of appointments with social development, bloodwork, and the sexual health clinic. We identified
the barriers she may face and offered transportation and support.
Last, we worked with our ward councillor to review the property and have an inspection performed by
City staff. A story tells the impact of the Neighbourhood Stimulus Grant best.
Projects on the Horizon:
Sunday Study: In partnership with Harborview Highschool, we are providing a learning environment for
teens on Sunday evenings for tutoring, digital access, and facilitation of community projects.
An Internet Cafe: Providing a weekly program where residents can access laptops/iPad, the internet,
and a printer. The Neighborhood Developer will support residents navigate technology and with special
projects like schoolwork, resumes, applying for jobs etc.
Shower/Change Room: Similar to the Teen Resource Centre's "Oasis Room", we want to provide a
space that our most vulnerable residents can use to showers, find hygiene products, and access fresh
clothing.
ON
COMMON COUNCIL REPORT
M&C No.
2022-020
Report Date
January 19, 2022
Meeting Date
January 24, 2022
Service Area
General Counsel
Her Worship Mayor Donna Noade Reardon and Members of Common Council
SUBJECT: License for Winter Navigation Training in Rockwood Park
AUTHORIZATION
Primary Author
Commissioner/Dept. Head
City Manager
Curtis Langille
Melanie Tompkins
John Collin
RECOMMENDATION
That The City of Saint John enter into the License Agreement with Her Majesty The
Queen In Right Of Canada, as represented by the Minister of National Defence, in the
form as attached to M & C #2022-020, for the purpose of conducting EX LOYAL BRISK
(winter navigation training) on a portion of PID No. 52548, known as Rockwood Park,
situated near to Fisher Lake, and further that the Mayor and City Clerk be authorized
to execute the said License Agreement.
EXECUTIVE SUMMARY
As part of ongoing training, Her Majesty The Queen In Right Of Canada, as
represented by the Minister of National Defence, is planning to conduct EX LOYAL
BRISK (winter navigation training). There would be no weaponry on -site for this
training, nor would there be any explosives, tactical manouevres or war games. It is
simply a navigation/orienteering activity; not unlike similar activity conducted by
various outdoor enthusiasts. The proponent has provided the attached license
agreement, including a map illustrating the area in which the License is desired for
consideration by The City of Saint John (the "City'), in order to seek the approval that
would allow for this activity/training to proceed. City staff are supportive of this
agreement.
PREVIOUS RESOLUTION
N/A
REPORT
As noted earlier in this report, the proposed License Agreement is to provide for Her
Majesty The Queen In Right Of Canada, as represented by the Minister of National
Defence, to provide for training navigation skills in a winter environment as part of
cold weather operations. The activity/training would involve approximately 16
personnel during challenging winter conditions, utilizing various orienteering
methods. There would be no weaponry on -site for this training, nor would there be
any explosives, tactical manouevres or war games. It is simply a
navigation/orienteering activity; not unWe similar activity conducted by various
-2-
outdoor enthusiasts. This training is planned to occur on Saturday, February 6, 2022
and would be conducted within the area as outlined in red on the attached map. If
Council agrees, the attached License Agreement will facilitate this training exercise to
proceed.
The General Counsel Office and Parks and Recreation have reviewed the attached
License Agreement and are supportive of the Terms and Conditions that are detailed
therein, ensuring the responsibilities of all parties involved while also ensuring the
City is protected from any liability. The City's Communications Department has been
contacted and made aware of this activity. They would be instructed to provide
appropriate notice to the public in advance of this training exercise to minimize any
concerns there may be for this planned activity.
Approval of this license agreement would be a tangible way for Council to support our
local reservists.
STRATEGIC ALIGNMENT
N/A
SERVICE AND FINANCIAL OUTCOMES
There is no material financial consideration for this license, being a license granted to
enable this activity to be conducted on City land.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
GCO and Parks and Recreation have reviewed the attached License Agreement and
are satisfied the Terms and Conditions will protect the City's interests in this matter.
ATTACHMENTS
1. License Agreement, and
2. Schedule "A".
OL!
LICENSE AGREEMENT
BETWEEN:
Rockwood Park, City of Saint John (the "LICENSOR")
Corporate Office Address:
15 Market Square
Saint John, NB
E2L 4L 1
AND
HER MAJESTY THE QUEEN IN RIGHT OF CANADA, as represented by
the Minister of National Defence (the "LICENSEE")
WHEREAS the LICENSOR is the owner of a property located at Rockwood Park, Saint John
in the Province of New Brunswick;
AND WHEREAS the LICENSEE has requested permission from the LICENSOR to use
a portion of Rockwood Park for the purpose of conducting EX LOYAL BRISK (winter
navigation training);
THIS AGREEMENT WITNESSES that in consideration of, and subject to, the terms and
conditions set out herein, the LICENSOR hereby grants permission to the LICENSEE to use the
Premises for the purpose stated herein, and for no other purpose, under the following terms and
conditions:
1. DESCRIPTION OF PROPERTY
The LICENSOR agrees that the LICENSEE may enter and use that area of Rockwood Park
outlined in red in the attached sketch, in Saint John, NB, (the "Premises") for the purpose of
training navigation skills in a winter environment as part of cold weather operations
training.
2. TERM
The term of this agreement shall be from 06 0600 February 2022 until 06 2359 February 2022.
3. LICENSE FEE
Total consideration for the use of the Premises is $ 1.00 , and the LICENSOR hereby
acknowledges the receipt and sufficiency of this consideration.
4. INSURANCE
The LICENSOR acknowledges that the LICENSEE is self -insured.
5. INDEMNIFICATION
Subject to the Crown Liability and Proceedings Act, the LICENSEE indemnifies and saves
harmless the LICENSOR, its servants, agents, and employees and their heirs, executors,
administrators, successors and assigns, from and against all injury, damage, actions, causes of
actions, suits, claims and demands of whatsoever nature which may result or may be brought or
made by reason of any act or default of the LICENSEE, her servants, agents, or employees, or on
account of any damage to the property of the LICENSOR or in connection with any loss, damage
1/3
95
or injury in any manner based upon, arising out of or incidental to the exercise or purported
exercise by the LICENSEE of the license granted herein.
6. LICENSOR'S PROPERTY
The LICENSEE agrees to assume full responsibility for the care of the Premises during her
occupation, and to assume all risk of loss, damage, or injury to herself, her servants, agents,
employees or licensees.
7. DAMAGES
The LICENSEE shall not be responsible for any damage or loss to the Premises arising from
circumstances, acts or conditions beyond her control, or due to "force majeure", which is defined
as an act of God, war, invasion, revolution, insurrection or other act of a similar nature.
8. ENVIRONMENTAL DAMAGE
The LICENSEE is liable for any environmental damage to the Premises caused during her
occupation, except for:
a) any environmental damage to the Premises caused by the previous occupation of the
premises by other persons, organizations, or the LICENSOR;
b) any environmental damage to the Premises arising during the period covered by this
agreement, where such environmental damage is a consequence of pre-existing
environmental damage from previous occupation, or was caused by the activities of
the Licensor during the period of this agreement; and
c) any environmental damage to the Premises caused by any other persons,
organizations, or by the LICENSOR.
2/3
96
9. GOVERNING LAW
This agreement shall be construed in accordance with, and governed by, the laws in effect in the
Province of New Brunswick, including the laws of Canada.
IN WITNESS WHEREOF this agreement has been executed by The City of Saint John,
represented by Donna Reardon, Mayor of Saint John, and Her Majesty the Queen in Right of
Canada, as represented by the Minister of National Defence, this day of
2022.
SIGNED, SEALED AND DELIVERED
in the presence of
Witness
SIGNED, SEALED AND DELIVERED
in the presence of
HER MAJESTY THE QUEEN IN
RIGHT OF CANADA, AS REPRESENTED
BY THE MINISTER OF NATIONAL
DEFENCE
Per:_
Name
Title:
Per:
Name:
Title:
Per:
LCol R.M. Saunders
CO 31d Field Regiment
Donna Reardon
Mayor of Saint John
Name: Jonathan Taylor
Title: City Clerk
Common Council Resolution Date:
3/3
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COMMON COUNCIL REPORT
M&C No.
2022-022
Report Date
January 19, 2022
Meeting Date
January 24, 2022
Service Area
Strategic Services
Her Worship Mayor Donna Noade Reardon and Members of Common Council
SUBJECT: Letter of response to the NB Coalition of Persons with Disabilities
AUTHORIZATION
Primary Author Commissioner/Dept. Head City Manager
Lisa Caissie John Collin
RECOMMENDATION
The City Manager recommends that Common Council receive and file this report and authorize the
Mayor to sign the draft reply letter attached, addressed to Ms. Shelley D Petit, Chair of the NB
Coalition of Persons with Disabilities.
EXECUTIVE SUMMARY
Saint John Common Council received a letter from Ms. Shelley D Petit, Chair of the NB Coalition
of Persons with Disabilities, dated December 16, 2021. The letter detailed some concerns and
questions from the NB Coalition of Persons with Disabilities as it relates to specific areas of
accessibility within the community. Staff has reviewed the letter and have drafted a response
(see attachment to this report) to Ms. Petit and the NBCPD, dated December 24, 2022.
PREVIOUS RESOLUTION
January 10, 2022 letter from the NB Coalition of Persons with Disabilities was referred to the City
Manager (letter attached).
REPORT
Saint John Common Council received a letter from Ms. Shelley D Petit, Chair of the NB Coalition
of Persons with Disabilities, dated December 16, 2021. The letter detailed some concerns and
questions from the NB Coalition of Persons with Disabilities as it relates to specific areas of
accessibility within the community. Common Council and staff reviewed the letter and have
drafted a response to Ms. Petit and the NBCPD, dated December 24, 2022.
The City of Saint John's goal is to continuously explore ways to improve on the delivery of
municipal programs and services and we welcome input and consultation with stakeholders that
support inclusivity in the community. Together, as we engage in productive dialogue, we learn
and find avenues and opportunities to hear various perspectives and learn from each other.
The key areas of concern raised by Ms. Petit and addressed in the response letter include:
• the location and design of the bus stop at Lancaster Mall;
• requirements for barrier -free suites in new residential construction; and
• the temporary measure of closing sections of the pedway to ensure COVID safe social
distancing during planned events.
061
-2-
Saint John strives to be as welcoming and inclusive as possible for all citizens. Through Growth
and Community Service, the City supports two key advisory committees that provide leadership
in ensuring the well-being and inclusivity of our community —The Saint John Ability Advisory
Committee (SJAAC) and the Seniors Advisory Committee. Both committees are very active and
engaged and have a strong working relationship with City staff. The Committees report to
Council and offer valuable community -based advice.
City staff and Council have committed to continuing to work in close partnership with the Saint
John Ability Advisory Committee (SJAAC) and alongside other community stakeholders to ensure
accessibility within the community. We also suggest a path to a stronger partnership between
the City and the NBCPD could be achieved through their participation on our SJAAC.
The SJAAC has been active in our community since 1986 and is currently comprised of 11
community stakeholders who work to represent persons with a disability in Saint John. A City
staff representative on the Committee will reach out to the NBCPD to invite their participation as
a key stakeholder.
STRATEGIC ALIGNMENT
This report aligns with Council's Priorities of Belong and Move.
SERVICEAND FINANCIAL OUTCOMES
There are no additional service or financial requirements associated with this report.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
Input was provided by the City Manager, the City's representative on the Saint John Ability
Advisory Committee, as well as senior City staff from within Growth and Community Services,
Saint John Transit, and Utilities and Infrastructure.
ATTACHMENTS
Letter addressed to Mayor and Common Council from Ms. Shelley D Petit, Chair of the NB Coalition
of Persons with Disabilities, dated December 16, 2021.
Draft response letter from Mayor Donna Reardon, on behalf of Common Council, to Ms. Shelley D
Petit, Chair of the NB Coalition of Persons with Disabilities, dated January 24, 2022.
` 9191
NB Co artiitien
of Persons
Voith Disabilities
December 16, 2021
CGnali'tia n des
perso nnes
handicap6es dui N.-B.
To- The Mayor of Saint John, Common Council members
From- The New Brunswick Coalition of Persons with Disabilities
I am writing the Council today on behalf of the New Brunswick Coalition of Persons with
Disabilities (NBCPD) regarding a few concerns; namely transit services, various recent
developments, and access to pedestrian infrastructures within the city. These things are very
concerning to our members, the 26.7% of New Brunswickers with 1 or more disabilities. It is
important to note, first, that we — persons with disabilities - are the province's single largest
demographic. Add in the senior population, and we are much closer to 50% of the population.
Our group, along with another organization representing persons with disabilities, recently
presented to the council concerning issues around the lack of accessibility in Saint John. The
primary focus was on the lack of accessible transit. Shortly thereafter, we were very
disappointed to learn of the lack of consideration towards citizens with disabilities surrounding
the bus stop changes at the Lancaster Mall. The transit manager, as well Councillor at large
Brent Harris (transit rep), have done as much as possible to place all culpability on the mall's
property owners, Strathellen, however it is still a SJ Transit stop and thus the city holds
culpability. The city has admitted they provided specs for the new build, which means they were
fully aware that a change was coming. It worries us that there was no consultation with
stakeholders. Committing to meeting with stakeholders after the fact does not alleviate
responsibility for the damage done. The stop is way too far from the mall; there is still no safe
pathway to the stop; there is no lighting, and so it is extremely dark at the stop from 4 pm
onwards. This renders it terrifying to many women and persons with disabilities after darkness
falls. This change has taken away the ability of so many to be independent- be it for work, for
shopping, or simply feeling safe and appreciated in their city. The lack of real response has
been very disappointing at best. A dangerous precedent has been set. How long before the
same happens at McAllister Place? These businesses need the stops in their parking lots for
staff and shoppers as much as the city needs the free land for the stop. It is time to take a
leading role on this matter.
Last week, I virtually attended a session on climate change and cities in NB. Brent
Harris was in attendance. He referred to one of my questions in terms of stakeholders
and admitted in this session that the city absolutely did drop the ball in terms of what
happened with the bus stop at the Lancaster Mall. He also made comments on the
importance of consulting with stakeholders and city "experts" - those stakeholders who
know the situation best. We would agree, however, we still do not see an accessibility
Iito]I
committee listed on your Boards and Commissions page. This would be a good first
step.
Our next area of concern is around housing and new builds being announced in the St
John area. Not one of these announcements refers to accessible units, which they must
have by law. In 2015, Canada passed the Accessible Building Code Act, and this was
adopted by NB in 2020/21. All new builds MUST adhere to this. Contrary to what we
have been told during inquiries to the Building Permits and Inspections department in
Saint John, your municipal bylaw does not override the New Brunswick provincial code.
The fact that we are now being told we must complete a RTI request each time we ask
questions such as "How many units will be accessible as defined by the NB Barrier -Free
building Code Act? How many regular parking spots will be provided, and how many of
these will be accessible spots designated for PWD? How many will be the extra -large
spots designated for wheelchair ramps?" makes us even more suspicious that the code
is not being followed and/or adhered too. This is a violation of Charter Rights, not to
mention, the law. We are requesting that the Coalition be sent the number of
accessible units, and proof that they are meeting all regulations of the Barrier -
Free Act, for all new builds announced, proposed, and even started since
February of this year until now. We are asking that these numbers start being sent
as soon as possible, and that we have them for all new builds of 4 or more units by the
end of January. We appreciate and thank you in advance for your prompt response to
this request.
The final piece that we will address in this letter is the most recent decision over the
Pedway between TD Station and the Shops of City Hall/ Market Square. Closing this
pedway for 90 minutes before and after events was a poorly thought through
reactionary move, and much like the bus stop at Lancaster Mall, a very dangerous one.
We are not talking about if something dangerous happens due to this decision, but
when something dangerous happens. Because able-bodied people can easily transition
to the outdoors sidewalk; those with disabilities, seniors, young parents with toddlers or
children in strollers - who in good faith purchased tickets knowing access to the station
was safe - are now being forced to make unsafe choices. There are so many better
alternatives. Security guards could be hired and stationed at each end of the pedway to
remind individuals that there is no stopping and loitering allowed. Window could be
covered at the Aquatic center windows, if this is the area people congregate without
proper masking. That would discourage the actions of the few who do this. Simply
closing the pedway as a reactionary move may seem like a quick fix but shows lack of
consultation with stakeholders. It is important for Council to realize that because they
presently have no members who have mobility or visual disabilities, it is vital that they
consult with members of these communities prior to making these types of decisions.
These changes do not affect you the way it affects us. Decisions need to be made to
cause behaviour changes in those blatantly breaking the rules, instead of a form of
punishment to all.
We look forward to your responses on these matters- and we will continue to follow up
with other areas of concern.
Ii[oya
Thank you.
Shelley D Petit
Chair — NBCPD
WIN
January 24, 2022
Ms. Shelley D Petit
NB Coalition of Persons with Disabilities
RE: Letter to Saint John Common Council
Dear Ms. Petit,
On behalf of Saint John Common Council, I want to thank you for your letter dated December 16, 2021.
Communication has always been key to our working relationships. We are pleased that you have reached
out to afford us the opportunity to hear and address your concerns and, most importantly, suggest a path
forward to strengthen the partnership between the City of Saint John and the NB Coalition of Persons
with Disabilities (NBCPD).
Our goal is to continuously explore ways to improve on the delivery of our municipal programs and
services and we welcome input and consultation with stakeholders that support inclusivity in our
community. Together, as we engage in productive dialogue, we learn and find avenues and opportunities
to hear various perspectives and learn from each other.
Common Council and staff have reviewed your letter and we will address key areas, while also suggesting
a path to a stronger partnership between the City of Saint John and the NBCPD.
With respect to Saint John Transit bus shelters, when bus shelters are built or relocated on private
property, city staff reach out to the property owners to offer suggestions for optimal locations of the stops
or shelters. In the case of the relocation of the Lancaster Mall stop, options were provided, and
suggestions were made, to the property owners before their stop was relocated. The final design was not
reviewed or approved by the City. Upon receiving feedback from the public, Saint John Transit conducted
a site visit at the new location, and action was taken by the property owners to improve the design of the
platform to ensure its accessibility for all members of the community. Saint John Transit donated shelters
for the expanded platform, and this work was completed in November of 2021. Saint John Transit will
continue to advocate for a re -designed parking lot to better serve customers at this location. On a go -
forward basis, Saint John Transit will develop designs in partnership with the Saint John Ability Advisory
Committee that better meet the needs of our community and advocate more strongly that private
property owners do the same.
Concerning barrier -free suites in new residential construction, the Building Code Administration Act
adopts New Brunswick Regulation 2021-3, commonly referred to as the Barrier -Free Design Building Code
SAINT JOHN
`[9L!
The City of Saint John
Regulation. This Regulation requires compliance with standards for barrier -free design for new
construction, with some exceptions. An example of an exception would be that it does not apply to single
dwelling units. With respect to the number of barrier -free suites required, the standard applies to
residential buildings with more than four units; one barrier -free suite is required for every 20 units, or
part thereof. For example, a new residential building with 10 units would require one barrier -free suite. A
building with 25 units would require two barrier -free suites, and so on. Where parking is required to be
provided, one barrier -free space must be provided for every required barrier -free suite.
The City of Saint John takes compliance with the barrier -free regulation very seriously and it is applied in
all cases of new residential construction. Staff advise developers of the requirements early on in their
planning process, so they are aware of the number of suites required to be provided. Once a formal
building permit application is made, plans and drawings are reviewed in detail to ensure all codes and
regulations are met, including ensuring that the required barrier -free suites are provided for. Once the
project is under construction, the City's Building Inspection Team conducts on -site inspections to ensure
compliance, which includes the necessary barrier -free suites and features. If specific buildings or areas of
concern are brought to the City's attention, the team will investigate. We are confident that new
developments satisfy the accessibility requirements of the building code and, in fact, in some cases
surpass them. It would not be the best use of staff time to consolidate a list of all projects, and it would
be difficult to keep such a list up to date. While the checks and balances mentioned above are in place, if
you have questions about a specific development, you can reach out to our representatives on the Saint
John Ability Advisory Committee or our One Stop Development Shop and staff will investigate.
The COVID-19 pandemic has required everyone to adapt to new measures that help protect the health
and safety of our communities. With respect to the temporary measure of closing sections of the pedway
for 90 minutes before, during, and 90 minutes after a major event, this decision was implemented in
response to the announcement made by the Province of New Brunswick on December 13 relating to
COVID requirements for social distancing. During normal daily operations, social distancing is achievable
within the pedways. However, for major events that draw large crowds to City -owned facilities, social
distancing on the pedway cannot be assured. Therefore, the City took action in these unprecedented
times to adhere to public health measures by closing the applicable pedway sections for specific
timeframes. It is the only realistic and practical way to respect the requirements of distancing.
Since January 14, the COVID situation has further evolved and now all indoor and outdoor group events
are cancelled. For the foreseeable future, there is no need to close the pedway. However, in the event
the situation changes once again, the City will re-evaluate and make whatever decision is necessary to
ensure we adhere to public health measures. The City has committed to communicating any planned
closure in advance. We are also committed to ensuring that the accessible main entrances to City facilities
receive the highest priority for snow clearance if events are occurring and the pedway must be closed.
SAINT JOHN
`[91'7
The City of Saint John
Saint John is known for the added benefit and luxury of our pedway system; something we have all come
to appreciate and enjoy. However, there are a few occasions that have prompted sections of it to close
and it remains the City's discretion to do so. In addition to pandemic safety precautions, maintenance
requirements have also required temporary closures. Fortunately, we have only experienced a few
required closures, and staff work to communicate them to the public in advance. Our facilities have
accessible entrances that can be used even when the pedway is closed. Our continued focus will be to
ensure these entrances remain fully accessible.
We have found through experience that when it comes to serving citizens of all abilities there is
tremendous value in sharing the wide-ranging views and perspectives of individuals and organizations. It
is important to have diverse views appropriately heard and discussed with a common outcome that best
meets the needs of our community.
As a City, we strive to be as welcoming and inclusive as possible for all citizens. Through Growth and
Community Service, the City supports two key advisory committees that provide leadership in ensuring
the well-being and inclusivity of our community —The Saint John Ability Advisory Committee (SJAAC) and
the Seniors Advisory Committee. Both committees are very active and engaged and have a strong working
relationship with City staff. The Committees report to Council and offer valuable community -based advice.
The leadership and proactive engagement of these committees encourage and facilitate
productive dialogue throughout the community.
The SJAAC has been active in our community since 1986 and is currently comprised of 11 community
stakeholders who work to represent persons with a disability in Saint John. A City staff representative on
the Committee will reach out to you directly in the coming weeks to invite your participation as a key
stakeholder. It is my sincere hope that the NBCPD will join the Committee and lend its voice to the local
conversation.
We thank you for your efforts and action to better the lives of all New Brunswickers.
Sincerely,
Mayor Donna Noade Reardon
SAINT JOHN
WIN
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COMMON COUNCIL REPORT
M&C No.
2022-15
Report Date
January 18, 2022
Meeting Date
January 24, 2022
Service Area
Public Works and
Transportation Services
Her Worship Mayor Donna Noade Reardon and Members of Common Council
SUBJECT: Parking Ban Towing with By -Law Enforcement Officers
AUTHORIZATION
Primary Author
Commissioner/Dept. Head
City Manager
Tim O'Reilly
Michael Hugenholtz
I John Collin
RECOMMENDATION
Your City Manager recommends Common Council authorize 1st and 2nd Readings
of the Amendment to the Traffic By-law, By-law Number MV-10.1, in the form
attached to M&C 2022-15.
EXECUTIVE SUMMARY
City staff is continuously improving delivery of public services with available
resources including those associated with the City's Winter Management Plan
(WMP). This report seeks endorsement of Common Council to achieve yet
another improvement.
Working with the community to keep streets as clear as possible of parked
vehicles during and following snow storms forms part of the City's WMP. Simply
put, snow clearing operations cannot achieve WMP objectives when on -street
parked vehicles are present. It is a difficult balance providing on -street parking
availability for those in the community who need it versus achieving WMP
objectives, as both are outcomes desired by the community.
It is always staff's foremost intention to work collaboratively with the community
to free streets of parked vehicles for effective snow clearing. However,
implementation and enforcement of parking regulations, such as called North-
East -West (NEW) and South Central Peninsula (SCP) overnight parking bans, are
required to pursue WMP objectives.
The Saint John Police Force has historically played an integral role during both
NEW and SCP overnight parking bans. Police Officers have been the only
stakeholders with authority to authorize a vehicle be towed during these bans.
W1.11
-2-
For police officers to increase attention on the most critical services they deliver
to the community, the Saint John Police Force and City staff worked
collaboratively on an alternate approach to authorizing vehicles to be towed
during called parking bans. The by-law amendment attached to this report, if
endorsed by Common Council, will allow others, namely Enforcement Officers of
the City's Traffic By -Law, to perform this important role. With endorsement, this
improved approach would increase resources available to authorize vehicles to be
towed while allowing the Saint John Police Force to place more attention on more
pressing public safety matters.
PREVIOUS RESOLUTION
N/A
REPORT
The City of Saint John calls one or two types of overnight parking bans when
required to support snow clearing operations when pursuing objectives identified
in the Winter Management Plan (WMP).
The South Central Peninsula (SCP) overnight parking ban has been in effect since
the early 2000s. Meant to complement a semi-monthly Alternate Side Parking
Program that has been in place for the same number of years, SCP overnight bans
are called for between 23:00 and 07:00, typically a night or two after a significant
snowfall. These SCP bans are meant to allow crews to both push back snow to the
curb line and remove snow completely from narrow SCP streets for the needs of
traffic flow and on -street parking. Parking lots are cleared for residents to park
during these bans, something that is practical given the small area and high
demand for parking in the SCP.
The North -East-West (NEW) overnight parking ban first came into effect in 2015.
These bans cover the streets in the City not within the SCP. Making use of a
provision of the Motor Vehicle Act, these bans are called between 00:01 and 07:00
without the need for signs installed on affected streets. These NEW bans are
meant to be a more proactive ban, during snow storms, for initial plowing
response operations across this larger area of the City. The NEW bans replaced a
previous Overnight Winter Parking Restriction, which prohibited on -street parking
every overnight of the winter, on all streets except those exempt (including but
not limited to the SCP).
It is always City staff's intention to promote, where practical, co-operative
compliance with these called overnight parking bans. Ultimately, freeing streets
of on -street parked vehicles is the goal, which is best achieved when the majority
of residents co-operate.
Public communications are pursued in advance of each winter season so residents
become familiar again that parking bans may be called. The annual update to
W16.1
-3-
Common Council, public service announcements, and media interviews are all
pursued. This past Fall, City staff posted brochures on windshields of parked
vehicles in select areas of the City.
Both the SCP and NEW overnight parking bans are communicated widely to the
public when called, including through media advisories, paid radio messaging,
information on the City's website, and on social media. A dedicated Parking Ban
information phone line, 658-4040, is always updated as to whether either ban is
called for a given overnight period.
Unfortunately, enforcement during called SCP and NEW overnight parking bans is
still required. A two-step process is used for enforcement. First, Traffic By -Law
Enforcement Officers of the City's Parking Division writes parking tickets when on -
street parked vehicle are encountered. Second, a member of the Saint John Police
Force authorizes the City's contracted towing company to tow vehicles.
Both steps in enforcement have merit. Towing is the best outcome on the night
of the called parking ban as it regains access to the street for the active snow
clearing operations. Issued parking tickets, and towing, can act as a deterrent to
similar behaviours in future called parking bans.
Historically, only the Saint John Police Force has had authority to permit a vehicle
to be towed. Given the Police Force's need to balance attention to exercising their
authority during called bans versus their responsibility for overall public safety,
their resources are sometimes a limitation to how many vehicles can be towed
during a called parking ban.
Recently, the Saint John Police Force, and City staff in Public Works, Parking, and
the General Counsel's Office, have collaborated in developing an alternative
approach. With the endorsement of Common Council of the by-law amendment
attached to this report, and future designations of by-law enforcement officers,
Traffic By -Law Enforcement Officers would be granted authority to cause vehicles
to be towed during called SCP and NEW overnight parking bans. This would
increase the resources available to authorize towing and allow the Saint John
Police Force to focus on other public safety matters.
STRATEGIC ALIGNMENT
This report best aligns with Common Council's MOVE and PEFORM priorities by
contributing to an accessible and safe transportation system during winter
conditions and working with partners toward efficient delivery of public services.
SERVICEAND FINANCIAL OUTCOMES
The positive impacts on the community via improvement to delivery of Winter
Management Plan objectives are described in this report.
`[till
-4-
No significant variances in financial outcome are estimated with the plan
described in this report.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
The following stakeholders contributed to, or were consulted with, this report:
Saint John Police Force, Public Works Division, Parking Division, and the General
Counsel's Office.
The General Counsel's Office drafted the attached Amendment to the Traffic By -
Law.
ATTACHMENTS
Amendment to the Traffic By-law, By-law Number MV-10.1
131
A BY-LAW TO AMEND A BY-LAW
RESPECTING THE TRAFFIC ON STREETS
IN THE CITY OF SAINT JOHN, BY-LAW
NUMBER MV-10.1, AND AMENDMENTS
THERETO
ARRETE MODIFIANT L'ARRETE
RELATIF A LA CIRCULATION DANS LES
RUES DE THE CITY OF SAINT JOHN,
ARRETE NUMERO MV-10.1, ET
MODIFICATIONS AFFERENTES
Be it enacted by the Common Council of Lors d'une reunion du conseil municipal,
The City of Saint John as follows: The City of Saint John a decrete ce qui suit:
A By-law of The City of Saint John entitled
"A By-law respecting the Traffic on Streets in The
City of Saint John, By-law Number MV-10.1" and
amendments thereto, enacted on the 71h day of
October, A.D. 2019, is hereby amended as follows:
Par les presentes, 1' arrete de The City of
Saint John intitule « Arrete relatif a la circulation
dans les rues de The City of Saint John, Arrete
numero MV-10.1 » et modifications afferentes,
decrete le 7 octobre 2019, est modifie comme suit:
1. Section 4.1 is repealed and replaced with 1. L'article 4.1 est abroge et remplace par ce
the following: qui suit:
"4.1(1) It shall be lawful for any member of the
SJPF to move or cause to be moved any vehicle
found stopped or parked in violation of the
provisions of this By-law on any street or
provincial highway in the City.
4.1(2) It shall be lawful for a by-law enforcement
officer to move or cause to be moved any vehicle
found stopped or parked on any street or provincial
highway in the City during a snow ban declared by
the Commissioner pursuant to section 6 of this By-
law.
4.1(3) A vehicle so moved under this By-law shall
be stored in such places as the Chief of Police may
direct and the registered owner of such vehicle at
the time shall be liable for costs and charges for the
towing and storage thereof.
4.1(4) There shall be no liability attached to apeace
officer or by-law enforcement officer for any
damages to a vehicle taken into their custody under
this section."
IN WITNESS WHEREOF The City of Saint John
has caused the Corporate Common Seal of the said
4.1(1) Tout membre du SPSJ a le droit de
remorquer ou de faire remorquer un vehicule arrete
ou stationne en violation des dispositions du
present arrete sur toute rue ou route provinciale
situee dans la municipalite.
4.1(2) Un agent charge de 1'execution des arretes
a le droit de remorquer ou de faire remorquer un
vehicule arrete ou stationne sur toute rue ou route
provinciale dans la municipalite lorsqu'une
interdiction aux fins de d6neigement a ete declaree
par le commissaire en vertu de I'article 6 du present
arrete.
4.1(3) Un vehicule remorque en vertu du present
arrete sera entrepose sur tels lieux que le precise le
chef de police, et le proprietaire immatricule dudit
vehicule au moment dudit remorquage est
responsable des couts et des frais lies au
remorquage et a 1' entreposage dudit vehicule.
4.1(4) L' agent de la paix ou 1' agent charge de
1' execution des arretes n' est pas tenu responsable
d' aucun dommage que subit le vehicule dont it
assume la garde en vertu de cet article. »
EN FOI DE QUOI, The City of Saint John a fait
apposer son sceau municipal sur le present arrete le
19%
City to be affixed to this by-law the day of 2022, avec les signatures
, A.D., 2022 signed by: suivantes :
Mayor / Maire
City Clerk / Greffiere de la municipalite
First Reading - Premiere lecture -
Second Reading - Deuxieme lecture -
Third Reading - Troisieme lecture -
`Bic]
BY-LAW NUMBER L.G. 4-1
A BY-LAW RESPECTING THE
CLOSING OF ROADS, STREETS OR
HIGHWAYS IN
THE CITY OF SAINT JOHN
Be it enacted by the Common
Council of The City of Saint John as
follows:
A By-law of The City of Saint John
entitled, "A By-law Respecting The
Closing of Roads, Streets or Highways in
The City of Saint John", enacted on the
eleventh day of March, A.D. 2019, is
hereby amended by adding thereto Section
5 immediately after Section 4 thereof, as
follows:
ARRETE No L.G. 4-1
ARRETE RELATIF A LA
FERMETURE DES CHEMINS, DES
RUES OU DES ROUTES DAN
THE CITY OF SAINT JOHN
Lors dune reunion du conseil
communal, The City of Saint John a
decrete cc qui suit :
Par les presentes, 1'arrete de The City of
Saint John intitule, « Arr&6 relatif a la
fermeture des chemins, des rues on des
routes dans The City of Saint John»,
decrete le 11 mars 2019, est modifie par
1'ajout de Particle 5 immediatement apres
Particle 4, comme suit:
5 The City of Saint John does hereby 5 Par les presentes, The City of Saint
stop up and close permanently the John barre et ferme de fagon permanente la
following street: rue suivante :
JACK STREET: All that portion of Jack
Street, a public street in the City of Saint
John, in the County of Saint John and
Province of New Brunswick, comprising
137 square metres as shown on a Plan of
Survey titled, "Showing portion of Jack
Street, City of Saint John, Saint John
County, New Brunswick," prepared by
Hughes Surveys & Consultants Inc. and
dated December 14, 2021 attached hereto.
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.
2022 and signed by:
RUE JACK: Tome la partie de la rue Jack,
une rue publique dans la ville de Saint
John, comte de Saint John, dans la province
du Nouveau -Brunswick, d'une superficie
d'environ 137 metres carres comme le
montre le plan d'arpentage intitule « Partie
du plan d'arpentage indiquant la rue Jack,
ville de Saint John, comte de Saint John,
province du Nouveau -Brunswick)), prepare
par Hughes Surveys & Consultants Inc. et
date du 14 decembre 2021, joint aux
presentes.
EN FOI DE QUOI, The City of Saint John
a fait apposer son sceau communal sur le
present arrete le ** **** 2022,
avec les signatures suivantes :
Mayor/Maire
City Clerk/Greffier communal
First Reading - January 10, 2022 Premiere lecture - le 10 janvier 2022
Second Reading - January 10, 2022 Deuxieme lecture - le 10 janvier 2022
Third Reading - Troisieme lecture -
134
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N:4
Staff Recommendation for Council Resolution
Property: 166 Leinster Street
Public Hearing: January 10, 2022
1s' and 2nd Reading: January 10, 2022
3rd Reading: January 24, 2022
Item:
Required:
Recommendation
(Y/N)
Municipal Plan
No
Amendment
Zoning By -Law
Yes
That Common Council give 3rd reading to an Amendment to
Amendment
the Zoning By -Law which amends Schedule G to the By -Law
to increase the maximum building height of PID Number
55203368 from 14 meters to 20.6 meters.
Recission of
No
Previous s. 39/s.
59 Conditions
Section 59
No
Conditions
Section 59
No
Agreement
Section 131
No
Agreement
Other
No
BY-LAW NUMBER C.P. 111-129
A LAW TO AMEND THE ZONING BY-
LAW OF THE CITY OF SAINT JOHN
Be it enacted by The City of Saint John in
Common Council convened, as follows:
The Zoning By-law of The City of Saint John
enacted on the fifteenth day of December, A.D.
2014, is amended by:
1. Amending Schedule "G" Central
Peninsula Maximum Building Heights, by
increasing the maximum building height
of PID Number 55203368 from 14 metres
to 20.6 metres.
- 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
January, A.D. 2022 and signed by:
Mayor/Maire
ARRETE NO C.P. 111-129
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 :
Uarrete sur le zonage de The
City of Saint John, decrete le quinze (15)
decembre 2014, est modifie par:
1. La modification de I'annexe «G»,
Hauteurs maximales des batiments
dans la peninsule centrale, en
augmentant la hauteur maximale du
batiment de NID 55203368 de 14 m a
20,6 metres.
- 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 janvier 2022, avec les
signatures suivantes :
City Clerk/Greffier communal
First Reading — January 10, 2022 Premiere lecture - le 10 janvier 2022
Second Reading — January 10, 2022 Deuxieme lecture - le 10 janvier 2022
Third Reading - Troisieme lecture -
137
GROWTH & COMMUNITY DEVELOPMENT SERVICES
SERVICE DE LA CROISSANCE ET DU DEVELOPPEMENT COMMUNAUTAIRE
HEIGHT SCHEDULE AMENDMENT / MODIFICATION DE HAUTEUR
Amending Schedule "G" of the Zoning By -Law of The City of Saint John
Modifiant Annexe «G» de I'Arrete de zonage de The City of Saint John
rue LeI ster St
rue princess Sty
FROM / DE
TO / A
14m 20.6m
Applicant: Comeau MacKenzie Architecture
Location: 166 Leinster Street
PID(s)/NIP(s): 55203368
Considered by P.A.C./Considers par le C.C.U.: December 14 decembre, 2021
Enacted by Council/Approuve par le Conseil:
Filed in Registry Off ice/Enregistre le:
By -Law #/Arrete #:
Drawn by/Creee par: Andrew Pollock Date drawn/Carte creee: January 13 janvier, 2022
138
Staff Recommendation for Council Resolution
Property: 35 Water Street
Public Hearing: January 10, 2022
15` and 2nd Reading: January 10, 2022
3rd Reading: January 24, 2022
Item:
Required:
Recommendation
(Y/N)
Municipal Plan
No
Amendment
Zoning By -Law
Yes
That Common Council give 3rd reading to an Amendment to
Amendment
the Zoning by-law which rezones a parcel of land having an
area of approximately 2.5 hectares, located at 35 Water
Street, also identified as PID Number 55235105 and
55235113, from Waterfront Commercial (CW) to
Waterfront Commercial Integrated Development (CWID).
That Common Council give 3rd reading to an Amendment to
the Zoning by-law which rezones a parcel of land having an
area of approximately 351 square metres, located at 35
Water Street, also identified as PID Number 55221881, from
Uptown Commercial (CU) to Waterfront Commercial
Integrated Development (CWID).
That Common Council give 3rd reading to an Amendment to
the Zoning by-law which amends Schedule G to the By -Law
to increase the maximum building height of PIDs 55221881,
55235105 and 55235113 from 28 and 42 meters to 70
meters.
Recission of
Yes
That Common Council, pursuant to the provisions of Section
Previous s. 39/s.
59 of the Community Planning Act, hereby discharges the
59 Conditions
resolution adopted on May 7, 2012, imposed on the rezoning
of a parcel of land located at 35 Water Street, also identified
as being PID Number 55235105 and which was made
pursuant to the provisions of Section 59 of the Community
Planning Act in effect at the time (RSNB 1973 as amended).
Ii1c10.1
That Common Council, pursuant to the provisions of Section
59 of the Community Planning Act, hereby discharges the
resolution adopted on December 2, 2019, imposed on the
rezoning of a parcel of land located at 35 Water Street, also
identified as being PID Number 55235113 and which was
made pursuant to the provisions of Section 59 of the
Community Planning Act in effect at the time (RSNB 1973 as
amended).
Section 59
Yes
That Common Council, pursuant to the provisions of Section
Conditions
59 of the Community Planning Act, impose the following
conditions on the parcel of land having an area of
approximately 3.0 hectares, located at 35 Water Street, also
identified as being PID Numbers 55221881, 55235105 and
55235113:
a. That the development of the site be limited to the
applicant's proposal for a mixed -use development
having a maximum floor area of 69,700 square metres
plus an internal parkade including a minimum of 350
parking spaces and a maximum of 677 dwelling units
as generally outlined on the plans submitted with the
application.
b. That only Phase 1 (the southeast building) of the
development be permitted on the basis of this
resolution and that prior to beginning construction on
any future phases of this development, that the City
shall grant further approvals and impose any
additional conditions on such future phases of this
development through an amendment to these
conditions.
c. That the heights of the proposed buildings be
between 6 storeys (25 metres) to 19 storeys (70
metres) as outlined on the plans submitted with the
application.
` 191
d. That the massing of the proposed development be
generally as outlined on the plans submitted with the
application.
e. That the uses within the proposed development be
limited to the following:
• Commercial Uses, including but not limited to a
Business Office, Retail, Commercial Entertainment,
Personal Service, Restaurant, and
Accommodation/Hotel
• Multiple Unit Dwelling(s)
• Community Centre
• Cultural Establishment
• A Parking Garage
• Surface Parking as outlined in the applicant's
proposal for the site
• Publicly Accessible Greenspace
• The following as interim uses of undeveloped areas
of the site as the phased development of the overall
site is occurring:
■ a farmers' market or seasonal retail use;
■ special events and festivals held on the site
on a temporary basis;
■ work associated with the replacement of the
existing seawall along the waterfront
frontage of the site and siteworks including
the associated placement of fill on the site;
and
■ a recreational use
f. That the design considerations outlined in the Wind
Study for the development to mitigate the wind
impacts on the pedestrian environment around the
building entrances and for the proposed upper -level
terraces be implemented through the detailed design
of the development and that confirmation of the
effects of these mitigative measures be provided to
the Development Officer with the Building Permit
application.
g. That the detailed design of the angled parking area
and raised sidewalk along the west side of Water
Street be subject to the review and approval by the
City to ensure appropriate design measures are
employed for aspects including landscaping,
wayfinding, accessibility, parking operations and
pedestrian circulation.
h. That the following cladding materials be prohibited in
the development:
• Vinyl siding,
• Plywood,
• Exterior insulation and finish systems where stucco
is applied to rigid insulation
• Vinyl windows
• Cinder block
i. That the development incorporates the following
minimum glazing percentages:
• Minimum Allowable glazing percentages - Ground
floor retail: 50-80%.
• Minimum Allowable glazing percentages - Above -
grade: 25-60%.
j. That the development of the Rezoned Properties be
in accordance with the provided Phasing Plan and
proposed water and sewer demands provided per
phase. Any proposed changes to the master Phasing
Plan must be provided to and approved by the City,
including any proposed changes to the water and
sewer demands. Prior to the start of each Phase of
development, the developer's engineering team shall
confirm that the next phase of development
corresponds to the submitted master Phasing Plan
and the estimated water and sewer demands
proposed for the site (all phases). If the proposal has
changed (phasing or demands), the Developer shall
not proceed to the next proposed phase until they
have re -submitted their engineered water and sewer
demands to the City to compare against the overall
master site development plan. Prior to proceeding
with each phase, the developer's engineering team
must confirm the proposed flows are within the
proposed master development plan submitted to the
City during this re -zoning.
k. That the developer grant any easements and/or
rights -of -way requested by the City at the City's sole
discretion, for all municipal infrastructure within the
Rezoned Properties of and the relocated sidewalk
along the west side of Water Street. The suitability of
the width of the easements are subject to the review
and acceptance of Saint John Water and the City.
I. That the recommendations from the Traffic Impact
Study prepared by CBCL Limited be completed. These
improvements include:
■ That a subsequent traffic assessment be
completed following the initial phases of
construction and the return of normal traffic
conditions (after Phase 2 and before Phase 3)
to verify the results of the submitted study.
■ Study recommendations related to the
installation of Traffic Signals in conjunction
with Phase 4 of the proposed development be
`[ICI
updated based on the updated traffic
assessment.
■ Construction of the elevated sidewalk during
Phase 1 to remove the need for pedestrians to
walk adjacent to Water Street traffic from the
angled Water Street parking spaces and the
adjacent sidewalk. m. If any municipal
infrastructure improvements are required to
service this proposal, it will be the developer's
full responsibility and cost to complete. Prior
to determining this, detailed engineering
plans and a design brief must be submitted by
the owner/developer's engineering consultant
to the City for review and approval by the City.
m. If any municipal infrastructure improvements are
required to service this proposal, it will be the
developer's full responsibility and cost to complete.
Prior to determining this, detailed engineering plans
and a design brief must be submitted by the
owner/developer's engineering consultant to the City
for review and approval by the City.
Section 59
No
Agreement
Section 131
No
Agreement
Other
No
`[E
BY-LAW NUMBER C.P. 111-130
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:
Amending Schedule "A", the Zoning
Map of The City of Saint John, by
rezoning a parcel of land having an area
of approximately 2.5 hectares, located at
35 Water Street, also identified as PID
Number 55235105 and 55235113, from
Waterfront Commercial (CW) to
Waterfront Commercial Integrated
Development (CWID)
2. Amending Schedule "A", the Zoning
Map of The City of Saint John, by
rezoning a parcel of land having an area
of approximately 531 square metres,
located at 35 Water Street, also identified
as PID Number 55221881, from Uptown
Commercial (CU) to Waterfront
Commercial Integrated Development
(CWID) pursuant to a resolution adopted
by Common Council under Section 59 of
the Community Planning Act.
3. Amending Schedule "G" Central
Peninsula Maximum Building Heights, by
increasing the maximum building height
of PID Numbers 55221881, 55235105
and 55235113 from 28 metres and 42
metres to 70 metres
- 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
January, A.D. 2022 and signed by:
ARRETE NO C.P. 111-130
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 :
Uarrete sur le zonage de The
City of Saint John, decrete le quinze (15)
decembre 2014, est modifie par:
La modification de I'annexe «A», Plan
de zonage de la ville de Saint John,
permettant de modifier la designation
pour une parcelle de terrain d'une
superficie d'environ 2,5 hectares,
situe au 35, rue Water, egalement
identifie de comme des NIDs
55235105 et 55235113,de Zone
commerciale riveraine (CW) a Zone
commerciale riveraine
d'amenagement integre (WCID).
La modification de I'annexe cA», Plan
de zonage de la ville de Saint John,
permettant de modifier la designation
pour une parcelle de terrain d'une
superficie d'environ 531 metres
carres, situe au 35, rue Water,
egalement identifie de comme de NID
55221881,de Zone commerciale du
centre-ville (CU) a Zone commerciale
riveraine d'amenagement integre
(WCID) conformement a une
resolution adoptee par le conseil
municipal en vertu de I'article 59 de la
Loi sur 1'rubanism.
3. La modification de I'annexe «G»,
Hauteurs maximales des b5timents
dans la peninsule centrale, en
augmentant la hauteur maximale du
b5timent des NIDs 55221881,
55235105 et 55235113 de 28 metres
et 42 metres a 70 metres
- 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 janvier 2022, avec les
signatures suivantes :
145
Mayor/Maire
City Clerk/Greffier communal
First Reading — January 10, 2022
Second Reading — January 10, 2022
Third Reading -
Premiere lecture - le 10 janvier 2022
Deuxieme lecture — le 10 janvier 2022
Troisieme lecture -
146
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
r4 r
ssythe�O;e rat.RoccaWay /L1arKetSA
rue
Grannan
�
m
N
A
3
N
rue P,(,"cess St.
FROM / DE
TO/A
Uptown Commercial
Zone commerciale de CU Waterfront Commercial
centre-ville Integrated Development
CWID Zone commerciale
Waterfront Commercial CW riveraine - developpement
Zone commercials El> integre
riveraine
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: Fundy Harbour Group
Location: 35 Water Street
PID(s)/NIP(s): 55235113, 55235105, 55221881
Considered by P.A.C./Considers par le C.C.U.: December 14 decembre, 2021
Enacted by Council/Approuve par le Conseil:
Filed in Registry Off ice/Enregistre le:
By -Law #/Arrete #:
Drawn by/Creee par: Andrew Pollock Date drawn/Carte creee: January 13 janvier, 2022
147
GROWTH & COMMUNITY DEVELOPMENT SERVICES
SERVICE DE LA CROISSANCE ET DU DEVELOPPEMENT COMMUNAUTAIRE
HEIGHT SCHEDULE AMENDMENT / MODIFICATION DE HAUTEUR
Amending Schedule "G" of the Zoning By -Law of The City of Saint John
Modifiant Annexe «G» de I'Arrete de zonage de The City of Saint John
ca .
s�yfhesf voiePatR°ccaWay MaSq
rue
n
= Granna
� A
-o
N A
tN
rue Princess St
FROM / DE
TO / A
28m
70m
42m
Applicant: Fundy Harbour Group
Location: 35 Water Street
PID(s)/NIP(s): 55235113, 55235105, 55221881
Considered by P.A.C./Considers par le C.C.U.: December 14 decembre, 2021
Enacted by Council/Approuve par le Conseil:
Filed in Registry Office/Enregistre le:
By -Law #/Arrete #:
Drawn by/Creee par: Andrew Pollock Date drawn/Carte creee: January 13 janvier, 2022
148
Section 59 Conditions — 35 Water Street
That Common Council, pursuant to the provisions of Section 59(1)(b) of the Community Planning Act,
impose the following conditions on the parcel of land having an area of approximately 3.0 hectares,
located at 35 Water Street, also identified as PID Numbers 55221881, 55235105 and 55235113
(collectively the "Rezoned Properties"):
a. That the development of the site be limited to the applicant's proposal for a mixed -use development
having a maximum floor area of 69,700 square metres plus an internal parkade including a minimum of
350 parking spaces and a maximum of 677 dwelling units as generally outlined on the plans submitted
with the application.
b. That only Phase 1 (the southeast building) of the development be permitted on the basis of this
resolution and that prior to beginning construction on any future phases of this development, that the
City shall grant further approvals and impose any additional conditions on such future phases of this
development through an amendment to these conditions.
c. That the heights of the proposed buildings be between 6 storeys (25 metres) to 19 storeys (70 metres)
as outlined on the plans submitted with the application.
d. That the massing of the proposed development be generally as outlined on the plans submitted with
the application.
e. That the uses within the proposed development be limited to the following:
• Commercial Uses, including but not limited to a Business Office, Retail, Commercial Entertainment,
Personal Service, Restaurant, and Accommodation/Hotel
• Multiple Unit Dwelling(s)
• Community Centre
• Cultural Establishment
• A Parking Garage
• Surface Parking as outlined in the applicant's proposal forthe site
• Publicly Accessible Greenspace
• The following as interim uses of undeveloped areas of the site as the phased development of the
overall site is occurring:
•a farmers' market or seasonal retail use;
•special events and festivals held on the site on a temporary basis;
•work associated with the replacement of the existing seawall along the waterfront frontage of
the site and siteworks including the associated placement of fill on the site; and
•a recreational use.
f. That the design considerations outlined in the Wind Study for the development to mitigate the wind
impacts on the pedestrian environment around the building entrances and for the proposed upper -level
terraces be implemented through the detailed design of the development and that confirmation of the
effects of these mitigative measures be provided to the Development Officer with the Building Permit
application.
g. That the detailed design of the angled parking area and raised sidewalk along the west side of Water
Street be subject to the review and approval by the City to ensure appropriate design measures are
employed for aspects including landscaping, wayfinding, accessibility, parking operations and pedestrian
circulation.
h. That the following cladding materials be prohibited in the development:
• Vinyl siding,
• Plywood,
• Exterior insulation and finish systems where stucco is applied to rigid insulation
• Vinyl windows
• Cinder block.
i. That the development incorporates the following minimum glazing percentages:
• Minimum Allowable glazing percentages - Ground floor retail: 50-80%.
• Minimum Allowable glazing percentages - Above -grade: 25-60%.
149
J. That the development of the Rezoned Properties be in accordance with the provided Phasing Plan and
proposed water and sewer demands provided per phase. Any proposed changes to the master Phasing
Plan must be provided to and approved by the City, including any proposed changes to the water and
sewer demands. Prior to the start of each Phase of development, the developer's engineering team shall
confirm that the next phase of development corresponds to the submitted master Phasing Plan and the
estimated water and sewer demands proposed for the site (all phases). If the proposal has changed
(phasing or demands), the Developer shall not proceed to the next proposed phase until they have re-
submitted their engineered water and sewer demands to the City to compare against the overall master
site development plan. Prior to proceeding with each phase, the developer's engineering team must
confirm the proposed flows are within the proposed master development plan submitted to the City
during this re -zoning.
k. That the developer grant any easements and/or rights -of -way requested by the City at the City's sole
discretion, for all municipal infrastructure within the Rezoned Properties of and the relocated sidewalk
along the west side of Water Street. The suitability of the width of the easements are subject to the review
and acceptance of Saint John Water and the City.
I. That the recommendations from the Traffic Impact Study prepared by CBCL Limited be completed. These
improvements include:
• That a subsequent traffic assessment be completed following the initial phases of construction
and the return of normal traffic conditions (after Phase 2 and before Phase 3) to verify the results
of the submitted study.
• Study recommendations related to the installation of Traffic Signals in conjunction with Phase 4
of the proposed development be updated based on the updated traffic assessment.
• Construction of the elevated sidewalk during Phase 1 to remove the need for pedestrians to
walk adjacent to Water Street traffic from the angled Water Street parking spaces and the
adjacent sidewalk.
m. If any municipal infrastructure improvements are required to service this proposal, it will be the
developer's full responsibility and cost to complete. Prior to determining this, detailed engineering plans
and a design brief must be submitted by the owner/developer's engineering consultant to the City for
review and approval by the City.
150
Received Date
December 17, 2021
Meeting Date
January 10, 2022
Open or Closed
Open Session
Mayor Donna Noade Reardon and Members of Common Council
Subject: Proposed Resolution to Strengthen Democracy by Supporting Local Journalism
Background:
Council received correspondence from Mirko Petricevic, representing the organization ink-
stainedwretches.org, with a request for the City's endorsement of new legislation and regulations aimed
at supporting and rejuvenating news outlets across Canada.
I am requesting that Common Council adopt the following motion to encourage elected leaders at all
levels of government to build an ecosystem in which local journalism can provide a vital service to all
citizens.
Motion:
Whereas a healthy, professional news media is essential for the proper functioning of civil society and
democracy at the local, regional, federal and international levels;
Whereas the Public Policy Forum declares — on its website for the 2017 report The Shattered Mirror: News,
Democracy and Trust in the Digital Age (commissioned by the federal government) — that "real news is in
crisis" in this country;
Whereas the U.S. Federal Communications Commission (FCC) cited eight "critical information needs" the
media help to provide including emergencies; other public risks to health; education; the environment;
economic opportunities; civic and political knowledge of policy initiatives; and the conduct of public officials,
and candidates for office (The Shattered Mirror p.4);
Whereas Canadians have lost the essential services provided by roughly 3,000 media workers across Canada
due to temporary and permanent layoffs from the time the COVID-19 pandemic began and advertising
revenues have plunged — a time it became clearer to the public how important it is for Canadians to receive
accurate information;
Whereas residents of 190 Canadian communities lost 250 established news outlets due to closings or mergers
between 2008 and 2018;
Whereas two thirds of Canadians agree or somewhat agree that because of the Coronavirus/COVID-19
outbreak the federal government should treat widespread media bankruptcies and layoffs as an emergency,
according to a Nanos Research poll of April 2020;
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 4LI
151
Whereas Canada's federal government acknowledged in its 2019 budget (p. 173) that "A strong and
independent news media is crucial to a well -functioning democracy.";
Whereas at least 26 municipal councils in eight provinces have already passed resolutions similar to the one
proposed below;
Whereas the news media in the Saint John area have been instrumental during the COVID-19 pandemic,
ensuring local citizens have accurate local information;
Therefore Be It Resolved that the City of Saint John council recognizes that a healthy, professional news media
is essential to the proper functioning of democracy in our city; urges nearby municipal councils and across
Canada to recognize that a robust news media is essential to the proper functioning of democracy in their
jurisdictions; endorses legislation and regulations to support and rejuvenate news outlets across Canada; and
urges the federal government to move quickly to pass legislation to ensure an ecosystem for a healthy news
media to serve all Canadians. And that the resolution be forwarded to the area municipalities, local M.P.s and
M.L.A.s; the Cities of New Brunswick Association (CNBA); and the Federation of Canadian Municipalities.
Respectfully Submitted,
(Received via email)
Barry Ogden
Councillor Ward 2
City of Saint John
�r
SAINT JOHN
P.O. Box 1971 Saint John, NB Canada E2L411 I vwwvsaintjohn.ca I C.P 1971 Saint John, N.-B. Canada E2L4L1
`M
Dear Mayor Reardon and City of St. John councillors:
Widespread misinformation and disinformation during the past 20 months have threatened our
democracies and, by fuelling vaccine hesitancy, driven deeper rifts in our communities. Quality
journalism is one of the foundations of a healthy democracy and an antidote to misinformation.
So on behalf of ink-stainedwretches.orp, a group formed by former news workers, I ask that
you please consider our proposed resolution that encourages elected leaders to build an
ecosystem in which local journalism can provide vital service to the people of St. John and
beyond.
We are not asking you to spend your city's money. We are asking you to raise your
voice.
So far, 26 municipal councils — home to more than 11 million people in eight provinces —
have passed journalism -support motions. Please feel free to view the online map or the
graphic below.
As we have outlined in our proposed resolution to your council (attached), and in the
accompanying backgrounder document (attached), we are concerned by the fact that
residents throughout Canada have already lost vital services provided by local journalism
outlets — and are in serious risk of imminently losing more.
So we are asking your help to encourage elected leaders, especially at the federal level, to
help build an ecosystem in which local journalism — which plays a vital role in ensuring
healthy communities and democracies — can thrive.
Thank you for your consideration,
Mirko Petricevic,
co-ordinator, ink-stainedwretches.org
(519) 504-2367
153
COMMON COUNCIL REPORT
M&C No.
2022-19
Report Date
January 19, 2022
Meeting Date
January 24, 2022
Service Area
Public Works and
Transportation Services
Her Worship Mayor Donna Noade Reardon and Members of Common Council
SUBJECT: MoveSJ: Context in Advance of Phase 3 Consideration
AUTHORIZATION
Primary Author
Commissioner/Dept. Head
City Manager
Tim O'Reilly
Michael Hugenholtz
I John Collin
RECOMMENDATION
It is recommended that Common Council receive and file this report.
EXECUTIVE SUMMARY
MoveSJ, the City's new Transportation Plan, has the aspirational goal of:
providing each Saint John citizen the opportunity to use the mode of
transportation of their choice and be safe while doing so.
MoveSJ will, once fully adopted, replace the previous Transportation Plan the City
has referenced since 1999. Similar to many jurisdictions, the City of Saint John has
begun to embrace and prioritize several transportation modes more equally, both
traditional passenger vehicles and trucks, and also more active transportation
modes including transit, walking, and cycling. A holistic plan that considers and
balances the needs of all these transportation modes is one of the main
differences between MoveSJ and the City's previous Plan, and was a key motivator
to create MoveSJ.
MoveSJ has been a journey of more than six years of work and consultations. This
Common Council has yet to be briefed fully on this journey. Before City staff
returns with recommendations to adopt the results of the third and final phase of
MoveSJ, City staff believes it is important this Common Council first be exposed to
and contemplate the previous phases and context of the overall plan in advance.
This important context is the theme of City staff's current report and
accompanying presentation.
`REI
-2-
PREVIOUS RESOLUTIONS
Common Council has previously endorsed results of Phase 1 and Phase 2 of
MoveSJ.
REPORT
Overall MoveSJ Approach
The aspirational goal of MoveSJ presented previously in this report, were
pursued with various general themes as follows:
Holistic Approach: A holistic approach to transportation in the City is required,
such as considering growth of our City over time, asset management (so we can
afford to maintain what we build), and the role of other levels of government
and provincial regulations.
Balance: Whether it be financial considerations, limitations of space within the
City's transportation corridors, competing demands for use of that limited space
between transportation modes, practical seasonal considerations (i.e. snow),
and different priorities of a wide range of stakeholders and community interests,
the theme of "balance" has resonated consistently throughout MoveSJ.
Data -Driven and Risk Management Approach: MoveSJ uses data, industry best
practices, and risk management techniques to support decision -making.
A Shared Responsibility: Pursuing all three of the commonly referred to "E"s
(Engineering, Enforcement, and Education) contribute to safety on our
roadways. The roles of the City in providing policy, infrastructure, safety
measures, and ensuring compliance with rules of the road are detailed through
MoveSJ, but so are the roles of the transportation system users themselves. In
the end, a transportation system includes each of us when we are motorists,
cyclists, pedestrians, Transit users, etc., and we all play an important part in our
actions when in these roles to maintain safe streets.
Practicality and Cooperation Leading to Early Results: MoveSJ is about
practicality, implementing "on the ground" solutions more quickly that are less
expensive based on both the City's and our citizens' knowledge and input
received through continuous consultation and dialogue. It was fully City staff's
intent that MoveSJ be a constant guide in the decisions being made, both short
and longterm.
Patience for More Significant Improvements: Similar to many municipalities,
Saint John's transportation system was built to be car -centric and some changes
to achieve our aspirational goal will be expensive. Competing priorities and
limited resources will mean achieving our aspirational goal overtime. The City's
-3-
overall Strategic Plan will identify how MoveSJ's recommendations fit in with all
the City's priorities. In the end, MoveSJ is a 25+ year plan and some
improvements within it will take this long to achieve.
Ongoing Consultations and Collaborations: Each phase of developing MoveSJ
included community consultations. Work with the community and stakeholders
will, however, continue into the implementation stage of MoveSJ.
A Living Document: MoveSJ is a living document that will be updated as the City
grows and policies and best practices evolve.
MoveSJ Scope and Outcomes
In order to develop MoveSJ within the City's annual Operating Budget capacity,
the project has been completed in three phases over multiple years. Phases 1
and 2 are complete with Phase 3, the final phase, planned to be fully completed
in early 2022, pending Common Council's endorsement. The following is a visual
of all three phases and each component/strategy within it:
Phase 1
• Background Review
Phase 2
• Pedestrian Strategy
• Household Travel Survey • Transit Visioning
• Goals Development
• Transportation Model
Maintenance
Assessment
• Neighbourhood and
Structure Plan
Guidelines
• Community
Engagement
• Parking Strategy
• Goods Movement
Strategy
• Transportation Model
• Community
Engagement
Phase 3
• Cycling Strategy
• Road Safety Strategy
• Modern Roundabouts
• Road System
Classification
• Community
Engagement
• Comprehensive System
Improvement Plan
Following is a brief description of each component of the above summary:
Background Review: Understanding of all relevant previous City plans and
policies such as the 1999 Transportation Study, Plan SJ, and the 2010 Trails &
Bikeways Strategic Plan was completed.
Household Travel Survey: A phone survey of 2260 residents in the Greater Saint
John region was completed to understand their travel behavior on a typical day
such as where they travelled from and to, purpose for trips, and mode of
transportation. This data fed into the Transportation Model.
`&V
-4-
Goals Development: Starting generally in Phase 1, this component included the
overall objectives MoveSJ is to achieve.
Transportation Model Maintenance Assessment: Although the Transportation
Model for Saint John was created in Phase 2, effort was placed in Phase 1 to
develop recommendations to ensure the model could be maintained once
initially created.
Neighbourhood and Structure Plan Guidelines: This component introduced
topics related to neighbourhood and general street design features fed into
subsequent strategies.
Pedestrian Strategy: This strategy included a warrant procedure for school
crossing guards, changes to pedestrian signal timing standards, introduction of
the "Complete Streets" model, a sidewalk infill strategy, considering the needs of
pedestrians as a component of Traffic Impact Studies, and pedestrian
maintenance standards.
Transit Visioning: Incorporated and updated as part of the recent Operational
Audit, the Transit Visioning exercise developed a long term vision for Transit.
Parking Strategy: This strategy focused on parking supply and demand and
interaction with development in the Uptown, managing parking demand through
transportation demand strategies, and interaction of parking and other street
uses applicable City wide.
Goods Movement Strategy: This strategy focused on finding the balance
between the need for trucks to support industry and other businesses prevalent
throughout Saint John and the impacts of trucks on the City's transportation
network and quality of life of its residents. Short and long term changes to truck
routes, exploring creation of a tiered truck route system that requires more
trucks to use specific Provincial Highways, truck route signage improvements,
pursuing ways to reduce truck noise, and managing trucks in the South Central
Peninsula were developed policy directions.
Transportation Model Development: Using software called VISUM, the City's
transportation system was modelled using our current street network, available
traffic volumes, the Household Travel Survey completed in Phase 1, and current
and future land uses that are part of the Municipal Plan. The model was then
able to predict current and future street network capacity issues as the City
grows to assess where infrastructure improvements or specific Transportation
Demand Management policies may effectively address those issues.
Cycling Strategy: Similar to the strategy for pedestrians, the Cycling Strategy
recommend policies specific to current and future cyclists as well as a
`RYA
-5-
comprehensive future cycling infrastructure network with specifics on design
considerations.
Road Safety Strategy: This strategy focused on using data, collaboration, and
policy to target investment that will best improve the safety of our streets for all
transportation modes.
Modern Roundabouts: This strategy purposefully identified several intersections
in Saint John that are good candidates for this type of intersection design with
known safety and maintenance cost reduction benefits.
Road System Classification: The City's road classification system and its
characteristics are updated as part of this strategy.
Comprehensive System Improvement Plan: This component of MoveSJ
summarizes infrastructure investments required to implement the various
MoveSJ recommendations. This work is meant to inform the City's future Capital
Programs, identifies investment needed on Provincial Highways, including
through the lens of the City's Strategic Plan.
Consultations: The public, and in some cases specific stakeholder groups,
provided input during each phase of MoveSJ. During Phase 1, several Open
Houses, the previously mentioned Household Travel Survey, and an online
survey were conducted. During Phase 2, an Open House and extensive
consultations with the trucking industry were completed. Phase 3 consultations
have been completed, mainly through a virtual platform given it was completed
during the COVID-19 pandemic, although sensitivities of providing access within
the City's priority neighbourhoods was considered.
As a reminder for context, all work as part of Phase 3 will be presented to
Common Council for endorsement at a future Council meeting. The draft
strategies were presented to the previous Council in October and November of
2020.
Momentum to Support MoveSJ
Saint John has been taking steps toward achieving MoveSJ's aspirational goal
prior to or concurrently with the development of MoveSJ. These steps have both
informed MoveSJ but also ensured we already have momentum as we look
forward to implement the recommendations within it. Following are a few
examples of such initiatives:
• Standards for pedestrian infrastructure incorporated into the City's
General Specifications
• Adoption of our Traffic Calming Policy
• Municipal Plan and Central Neighbourhood Plan with emphasis on
various transportation modes
`N'f:3
-6-
• Completion of 15 Safer School Zone Projects, two more being completed
in 2022
• Continued off-street trail system improvements such as in Rockwood
park and along Harbour Passage
• Pedestrian Crossing Signal Improvements including introduction of over
20 wireless, solar -powered crosswalks, over 35 Accessible Pedestrian
Systems for low vision pedestrians, two Leading Pedestrian Intervals at
signals, and many count down timers at crosswalks.
• Road Diets on Somerset Street, Millidge Avenue and Metcalf Street
• East-West and North -South continuous cycling arterials completed,
including completion of Saint John's portion of Trans Canada Trail.
• Incorporation of Active Transportation improvements into Capital
Program projects such as a Road Diet on a separate section of Somerset
Street and the Union/St. Patrick intersection rehabilitation project.
Looking Forward: Immediate Actions
As indicated, the adoption of MoveSJ in its entirety, is scheduled to be
completed in early 2022. City staff intend to continue implementing outcomes
in 2022 and beyond that align with it, including:
• Active Involvement in Public Safety Committee: As improving safety for
all road users is a significant component of MoveSJ, there was a natural
link to the scope of work of the City's new Public Safety Committee.
Elements of MoveSJ have already been, and will continue to be
referenced in pursuing the committee's work.
• Upgrading University Avenue Cycling Facilities: University Avenue is part
of the Campus -Harbour Connection Bike Route. One of two through
lanes in each direction of University Avenue are meant to be shared by
both motorists and cyclists. City staff will convert the one shared lane in
each direction into a wide dedicated bike lane in 2022, leaving only one
through lane in each direction for motorists. In addition to the dedicated
lane enhancing safety for cyclists, reduction to one through lane is
expected to enhance safety for pedestrians crossing this wide street in
response to concerns raised by several citizens. This enhancement is also
currently expected to be linked to planned safety improvements on
University Avenue immediately east of Millidge Avenue. The community
consultations completed for this specific project is a clear demonstration
that consultations will not end with MoveSJ adoption.
• Active Transportation Improvement on Main Street and the Viaduct:
Both improvements to cycling and pedestrian infrastructure are currently
being designed for this Provincial Highway with funding already approved
as part of the City's Quality of Life Capital Program.
• Completion of Two Safer School Zone Projects: The overall multi -year
program of the same name will continue for 2022 with safety and traffic
calming enhancements for school children walking near Islandview and
Millidgeville North schools.
`P10.1
-7-
• South Central Peninsula Capital Projects: Design features, including cross
sections, of various SCP streets planned to be reconstructed over the
next few years are being re -imagined with more considerations for active
transportation, traffic calming, and other features in addition to the
needs of traditional traffic flow and on -street parking demands. This
design work is being influenced significantly by MoveSJ.
• Installation of more Solar -Powered, Wireless Crosswalk Signals: This
infrastructure, which is more cost effective than other crosswalk signal
types, is now recognized by the Transportation Association of Canada,
and is appreciated and very popular by members of our community, will
be installed at more crosswalks in 2022. The number of installations will
depend on the specific infrastructure cost at each location.
• Longer Walking Times at Signalized Crosswalks: As recommended in the
Pedestrian Strategy and to be consistent with updated national
guidelines, the new default walking speed will become 1.0 metres per
second, slower than the existing 1.2 metres per second whenever traffic
signal timings need to be reviewed. Implementation already commenced
in 2021. Even slower walking speeds will be used where there is a
concentration of older pedestrians or those with disabilities.
• Updates to the City's Traffic Calming Policy: City staff would be
recommending several amendments to the City's Traffic Calming Policy in
2022 or 2023 as specifically recommended in or guided by MoveSJ.
These include introduction of Speed Cushions as recommended in the
Pedestrian Strategy and new prioritization factors weighted for presence
of older pedestrians or those with disabilities.
• Lower Speed Limits on Residential Streets: MoveSJ recommends use of
TAC's Canadian Guidelines for Establishing Posted Speed Limits for
determining if speeds below 50 KM/H are warranted on neighbourhood
streets. Both the City's Public Safety Committee and Common Council
endorsed a plan to review the speed limits of at least 20 neighbourhood
streets with the intent to recommend several with a 40 KM/H speed limit
in 2022. Anglin Drive, for example will be among the streets
recommended for a 40 KM/H speed limit; this initiative was originated by
a community -led Learn & Go project, and City staff already completed
the necessary warrant that established justification for the lower limit.
• Elimination of Churchill Blvd and Foster Thurston Truck Routes: As
recommended in the Goods Movement Strategy, City staff will be
returning to Council, potentially in 2022, with recommended Traffic By -
Law amendments to realize these changes.
• Truck Route Signage: As recommended in the Goods Movement
Strategy, enhancing signing of truck routes and elimination of redundant
"No Truck" signs to encourage compliance with truckers following
defined routes will be completed in 2022 or 2023.
• Jake Brake Traffic Signs: As recommended in the Goods Movement
Strategy, to assist in managing noises from trucks, implementation of
more clear and direct traffic signs that request truckers to refrain from
`Ris]
-8-
using Engine Retarders (aka Jake Brakes) will start to be rolled out in 2022
or 2023 and updated policy on their placement on City streets is also
planned to be created next year.
• Advocacy with Provincial Government: Advocacy efforts that will begin
to pursue policy that will require trucks to use specific Provincial
Highways instead of City streets more often, and changes to the
Provincial Motor Vehicle Act to support active transportation use of City
Streets and Provincial Highways will commence in 2022 or 2023. The City
is currently collaborating with the Province on changes to Main Street for
the Active Transportation corridor.
Looking Forward: One Input to City's Strategic Plan
Besides several short-term initiatives to be undertaken in the next couple of
years, MoveSJ includes recommendations that are more complex and/or costly
to implement, and in some cases present both positive and negative outcomes,
depending on perspective. Although our aspirational goal for transportation
should continue to inspire us to implement solutions, the reality is that resources
are limited, and in the case of a transportation network, so is physical space. It is
important that plans such as MoveSJ are consolidated into the overall Strategic
Plan for Saint John that allows this community to most effectively prosper and
grow into the future with these limitations in mind. This overall Strategic Plan
will establish which recommendations and initiatives from MoveSJ and other
focused plans should be completed and when.
STRATEGIC ALIGNMENT
This report aligns with extremely well with Common Council's MOVE priority, as
MoveSJ is referenced in this priority and both the outcomes of Council's priority
and MoveSJ reference connection between neighbourhoods, integration and
balance among transportation modes, and specific reference to progressing
Transit.
This report also aligns with several City policies and plans as indicated previously
in this report.
SERVICEAND FINANCIAL OUTCOMES
The above -noted 2022-2023 initiatives can be actioned within the approved
Operational budgets, except for the Main Street Active Transportation Corridor,
which is supported by approved Capital funding. An enhanced timeline for
additional active transportation budgets would require additional funding, or the
-9-
re-allocation of existing funding already approved. Council would need to
carefully consider the service implications of such a shift.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
City staff from Public Works & Transportation (including Parking and Transit),
Growth & Community Services, and the Saint John Police Force provided input to
various components of MoveSJ.
Public consultation on all three phase of Move SJ, including Phase 3, has been
completed and draft Phase 3 strategies were presented to the previous Council
in October and November of 2020. A full report on the finalized Phase 3
strategies will be presented at a future Council meeting.
ATTACHMENT
City Staff Presentation
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0 0 0
LOCH LOMOND ELEMENTARY SCHOOL
/ EVERGREEN AVENUE, SAINT JOHN, NB E2N 1H3 Phone: 658-5350 Fax: 658-3981
r www.lochlomond.nbed.nb.ca
Candidate School in the UNESCO Associated Schools Network (ASPnet) in Canada — https://en.ccunesco.ca/
January 17, 2022
Via Email: mayor@saintiohn.ca; iohn.mackenzie@saintiohn.ca; brent.harris@saintiohn.ca;
Paula. radwan@saintiohn.ca; greg.stewart@saintiohn.ca
• Mrs. Donna Reardon; Mayor, City of Saint John
• Mr. John MacKenzie; Deputy Mayor, City of Saint John
• Mr. Brent Harris; Saint John Councillor at Large
• Mrs. Paula Radwan; Saint John City Councillor (Ward 4)
• Mr. Greg Stewart; Saint John City Councillor (Ward 4)
Re: Request for Solar Panel Radar Speed Limit Signage on Loch Lomond Road
The PSSC (Parent School Support Committee) would like to acknowledge the city's assistance in
2017-2018 in implementing an enhanced crosswalk at the corner of Loch Lomond Rd and
Evergeen Ave. This has increased the safety for the children of Loch Lomond School and the
surrounding community when gaining access to our school.
That said, we are further requesting the addition of Solar Panel Radar Speed Limit Signs on Loch
Lomond Rd, where the School Zone Speed Limit signs currently exist. Despite the speed limit
decreasing to 30km/hr in this section by our school, traffic continues to pass through at speeds
exceeding this limit. This stretch of the road is considered a Provincial Highway, and with heavy
traffic and higher speeds, it is felt that the radar speed limit signs will bring the significant speed
reduction to the attention of drivers. As many other schools in our city - who are not located on
stretches of Provincial Highway - have had these previously installed, we feel that this type of
signage would complement the current safety precautions at our school location.
We appreciate and thank you for considering this request as we seek to make our school and its
community the safest it can be. Should you be interested in visiting the site and observing the
need for the radar speed limit signs during school hours, please connect with me directly or
reach out to our school principal, Gail Fillmore-Crilley.
Yours Truly,
Jill Comeau, PSSC Chair
Loch Lomond School, fostering scholarship, leadership and responsible citizenship.
Ecole Loch Lomond, developpe les connaissances, le leadership et des citoyens responsables.
Principal: Gail Fill more-Crilley Vice Principal: Cheryl Aylward
174
f F[rJ
M&C No.
2022-018
Report Date
January 19, 2022
Meeting Date
January 24, 2022
Service Area
Corporate Services
SUBJECT: Saint John Trade and Convention Centre — Contract Management
Update
EXECUTIVE SUMMARY OF COMMITTEE OF THE WHOLE REPORT FOR OPEN
SESSION OF COUNCIL
Hilton entered into a contract with a third -party for the provision of audio-visual
services at the Saint John Trade and Convention Centre. For there to be effective
oversight, the City requires a copy of this contract with the third party. Hilton has
agreed to provide the City with a copy of the contract subject to receiving a Non -
Disclosure Agreement signed by the City.
COUNCIL RESOLUTION
That the City enter into a Non -Disclosure Agreement with Hilton Ltd. for the
purpose of obtaining information related to separately contracted audio-visual
services for the Saint John Trade and Convention Centre in the form as presented
to Committee of the Whole at its meeting held January 24, 2022 and that the
Mayor and Clerk be authorized to execute the said Non -Disclosure Agreement and
any documents ancillary thereto.
`f r691
M&C No.
2022-023
Report Date
January 20, 2022
Meeting Date
January 24, 2022
Service Area
Corporate Services
SUBJECT. Confidentiality Agreement with Elias Management Group Inc.
EXECUTIVE SUMMARY OF COMMITTEE OF THE WHOLE REPORT FOR OPEN
SESSION OF COUNCIL
The City of Saint John and Elias Management Group Inc. own certain sensitive
confidential information, which the City and Elias wish to exchange for the
purposes of discussions relating to a potential transaction. The purpose of this
report is to secure Common Council approval for the City to enter into a
Confidentiality and Non -Disclosure Agreement with Elias Management Group Inc.
COUNCIL RESOLUTION
That the City enter into the Confidentiality and Non -Disclosure Agreement with
Elias Management Group Inc. in the form as presented to Committee of the Whole
at its January 24, 2022 meeting, and that the Mayor and Clerk be authorized to
execute the said Confidentiality and Non -Disclosure Agreement and any
document ancillary thereto.
` 2-1.
M&C No.
2022-025
Report Date
January 20, 2022
Meeting Date
January 24, 2022
Service Area
Corporate Services
SUBJECT: Boar's Head Development Opportunity PID 42622
EXECUTIVE SUMMARY OF COMMITTEE OF THE WHOLE REPORT FOR OPEN
SESSION OF COUNCIL
Rehabitat Inc. approached City staff about an option on a parcel of City -owned land
located off Boar's Head Road, so that it might make application under a CMHC program
to secure project funding for an affordable housing development. The proposed project
contemplates 12 3-bedroom rental units consisting of 2-storey wood frame construction.
The site is a 3 acre +/- parcel, a former clean fill site adjacent to the municipal works
buildings, located in the North End, off Millidge Avenue, at the corner of McIntosh St. and
Boar's Head. The purpose of this report is to seek Common Council's approval to enter
into an Option Agreement with Rehabitat Inc. for the potential sale of the said City -owned
lands to support the above noted housing development.
COUNCIL RESOLUTION
That the City enter into an Option Agreement in the form as presented to CoW at its
meeting held on January 24, 2022 with Rehabitat Inc., for the potential sale of City -owned
lands located on Boars Head Road and bearing PID 42622, and that the Mayor and Clerk
be authorized to execute the said Option Agreement and any document ancillary thereto
or necessary to effect the transaction.
` %,N
COMMON COUNCIL
M&C No.
M&C
Report Date
January 21, 2022
Meeting Date
January 24, 2022
Service Area
Finance and
Administrative Services
His Worship Mayor Donna Noade Reardon and Common Council
SUBJECT: Canada Games Aquatic Centre (CGAQ Request for COVID-19 Relief
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner/Dept. Head
City Manager
Kevin Fudge
Kevin Fudge
John Collin
RECOMMENDATION
It is recommended that:
1. Common Council approve the transfer of $250,000 from Safe Restart
Reserve Funds to provide COVID relief to the Aquatic Centre.
2. The City COVID-19 relief funding be conditional on the Canada Games
Aquatic Centre Commission (CGACC) agreeing to be fully cooperative with
and fully engaged in the City's renewed efforts to find a suitable long-term
business model that is practical, of value to our community, and
affordable.
3. The City COVID-19 relief funding be conditional on the CGACC making a
request to all members of the Regional Facilities Commission to contribute
their share of the COVID-19 relief funding.
4. The City Manager be required to complete the analysis on all alternative
business models, as part of the ongoing review of the City's agencies,
boards and commissions, and bring forth recommendations no later than
September 1st, 2022.
`t1:3
-2-
EXECUTIVE SUMMARY
The Canada Games Aquatic Centre Commission (CGACC) is facing revenue
shortfalls due to impacts of COVID-19. With the current restriction in place for
Level 3, and operating limitations associated with Level 2, revenue generation is
legitimately impacted. The CGAC has requested COVID-19 relief funding in the
amount of $250,000 to allow the Aquatic Centre to remain open throughout 2022.
If approved by Council, the City would fund the request with Safe Restart Reserve
Funds which has been established specifically to mitigate the risk of service
disruptions associated with COVID-19. The City's reserve fund strategy is best
practice to ensuring the City achieves its long term financial goals.
As part of its restructuring plan, the City is undergoing a fundamental review of tis
agencies, boards and commissions. To facilitate best value for money for the
community, it is recommended that any COVID relief funding to the Aquatic
Centre be conditional on the CGACC fully cooperating with the review. It should
also be noted that the White Paper on Municipal Reform has mandated regional
recreation services with obligatory cost sharing of both operating and capital
costs. The fundamental review affords the opportunity to explore this new
governance models.
Based on discussions with the Commission Chair, there is full support with respect
to the recommendation and the interests of the City and the Commission are
aligned.
PREVIOUS RESOLUTION
N/A
STRATEGIC ALIGNMENT
This report aligns with Council's strategic priority to Perform
SERVICE AND FINANCIAL OUTCOMES
The recommendations presented to the CGACC supports sound financial
management fiscal responsibility.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
This report has been reviewed with the City Manager.
ATTACHMENTS