2023-10-16_Agenda Packet--Dossier de l'ordre du jour�B
City of Saint John
Common Council Meeting
AGENDA
Monday, October 16, 2023
6:00 pm
2nd Floor Common Council Chamber, City Hall
An Electronic means of communication will be used at this meeting. The public may attend the meeting in
person in the Council Chamber or view the meeting on the City's Website (wwwsaintjohn.ca) or on Rogers
TV.
1. Call to Order
1.1 Land Acknowledgement
1.2 National Anthem
2. Approval of Minutes
2.1 Minutes of October 3, 2023
2.2 Minutes of October 10, 2023
3. Approval of Agenda
4. Disclosures of Conflict of Interest
5. Consent Agenda
5.1 Contract 2023-04: Tippett Drive — Sanitary Lift Station Modifications
(Recommendation in Report)
6. Members Comments
7. Proclamation
8. Delegations / Presentations
9. Public Hearings - 6:30 p.m.
Pages
2-12
13 - 15
16 - 19
10. Consideration of By-laws
11. Submissions by Council Members
12. Business Matters - Municipal Officers
13. Committee Reports
13.1 Finance Committee: Common Council Input into 2024 General Operating 20 - 21
Budget
14. Consideration of Issues Separated from Consent Agenda
15. General Correspondence
15.1 J. Garcia: Removal of Publicity from City buses to reduce distraction 22 - 24
(Recommendation: Receive for Information)
16. Supplemental Agenda
17. Committee of the Whole
17.1 Extension of License with Fundy Harbour Estates Inc. - North Market Street 25 - 25
17.2 Land Assembly for South Central Peninsula School 26 - 26
18. Adjournment
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City of Saint John
Common Council Meeting
Monday, October 16, 2023
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:
5:00 p.m., 2nd Floor Boardroom, City Hall
1.1 Approval of Minutes 68(1)
1.2 Land Matter 68(1)(d)
1.3 Financial Matter 68(1)(c)
1.4 Land Matter 68(1)(d)
COMMON COUNCIL / CONSEIL COMMUNAL
October 3, 2023 / le 3 octobre 2023
MINUTES — REGULAR MEETING
COMMON COUNCIL OF THE CITY OF SAINT JOHN
TUESDAY OCTOBER 03, 2023 AT 6:00 PM
MEETING CONDUCTED VIRTUALLY
An Electronic means of communication will be used at this meeting. The public may view
the meeting on the City's Website (www.saintjohn.ca) or on Rogers TV.
Present: Mayor Donna Noade Reardon
Deputy Mayor John MacKenzie
Councillor -at -Large Gary Sullivan
Councillor -at -Large Brent Harris
Councillor Ward 1 Greg Norton
Councillor Ward 1 Joanna Killen
Councillor Ward 2 Barry Ogden
Councillor Ward 3 Gerry Lowe
Councillor Ward 3 David Hickey
Councillor Ward 4 Greg Stewart
Councillor Ward 4 Paula Radwan
Also Present:
Chief Administrative Officer (CAO) B. McGovern
Chief Financial Officer K. Fudge
General Counsel M. Tompkins
Commissioner Human Resources S. Hossack
Fire Chief K. Clifford
Commissioner Utilities & Infrastructure Services I. Fogan
Acting Commissioner Growth and Community Services A. Poffenroth
Director Communications L. Caissie
Commissioner Public Works and Transportation Services M. Hugenholtz
Director Legislative Services / City Clerk J. Taylor
Deputy Clerk Patricia Anglin
Administrative Assistant A. MacLean
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COMMON COUNCIL / CONSEIL COMMUNAL
October 3, 2023 / le 3 octobre 2023
1. Call to Order
The Mayor called the virtual meeting to order.
1.1 Land Acknowledgement
Councillor Sullivan read aloud the Land Acknowledgement and called for a moment of
reflection.
"The City of Saint John/Menaquesk is situated is the traditional territory of the
Wolastoqiyik/Maliseet.The Wolastoqiyik/Maliseet along with their Indigenous Neighbours,
the Mi'Kmaq/Mi'kmaw and Passamaquoddy/Peskotomuhkati signed Peace and
Friendship Treaties with the British Crown in the 1700s that protected their rights to lands
and resources."
1.2 National Anthem
The National Anthem was played by voice recording.
2. Approval of Minutes
2.1 Minutes of September 18, 2023
Moved by Councillor Sullivan, seconded by Councillor Stewart:
RESOLVED that the minutes of September 18th, 2023 be approved.
MOTION CARRIED.
3. Approval of Agenda
Moved by Councillor Stewart, seconded by Councillor Hickey:
RESOLVED that the agenda for October 3, 2023 be approved with the addition of the
following items brought forward from Committee of the Whole:
17.1 CMHC Rapid Housing Initiative Contribution Agreement
17.2 Commercial Transaction - Legal Retainer
17.3 Code of Conduct Matter
MOTION CARRIED with Councillor Harris voting nay.
4. Disclosures of Conflict of Interest
• Councillor J. Killen declared a conflict with item 17.3 Code of Conduct.
• CAO B. McGovern declared a Conflict of Interest with item 9.2 Public Hearing 1660
Manawagonish Road.
5. Consent Agenda
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COMMON COUNCIL / CONSEIL COMMUNAL
October 3, 2023 / le 3 octobre 2023
5.1 RESOLVED that Common Council schedule the public hearing for the Zoning By-
law Section 59 amendment application submitted by 627036 NB Ltd. for 1250 Fairville
Boulevard (PID: 00424523), the Zoning By-law rezoning application submitted by Joe
Roberts for 91 Red Head Road (PID: 00344457) and the Zoning By-law Section 59
amendment application submitted by Michael Goldenberg for 1429 Loch Lomond Road
(PID: 00312900) for Monday, December 11, 2023 at 6:30 p.m. at the Council Chamber,
City Hall 2nd floor, 15 Market Square, Saint John,
5.2 RESOLVED that as recommended in M&C 2023-221 P.R.O. Kids Policy Updates
Common Council:
1. Approve the amended Terms of Reference for the P.R.O. Kids Advisory
Committee; and
2. Approve the amended P.R.O. Kids Special Purpose Fund.
5.3 RESOLVED that the City enter into Funding Agreements as attached to
M&C No. 2023-213 Community Development Fund Agreement: Regional Facilities
Upgrades (Carnegie/Arts Centre, TD-Station, Trade and Convention Center,
Canada Games Aquatic Centre) with RDC for the purpose of obtaining funding
through the Community Development Fund and that the Mayor and Clerk be
authorized to execute the said Funding Agreements and any other documents
ancillary thereto., for the following Projects Number:
1- Project No 16566: The City of Saint John- Carnegie Building Upgrades.
2- Project No 16576: The City of Saint John- TD-Station &TCC Upgrades.
3. Project No 16534: The City of Saint John- Canada Games Aquatic Centre
Upgrades.
5.4 RESOLVED that as recommended in M&C 2023-223 Renewal of FortiNet
Device Maintenance and Licenses that Common Council approve the purchase of
FortiNet Device License and Maintenance from Bulletproof Solutions ULC
(Bulletproof) at the standing offer price of $261,443.85 (plus HST).
Moved by Deputy Mayor MacKenzie, seconded by Councillor Hickey:
RESOLVED that the recommendation set out in each consent item respectively be
adopted.
MOTION CARRIED UNANIMOUSLY.
6. Members Comments
Members commented on various local events.
7. Proclamation
7.1 Green Sports Day- October 6, 2023
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COMMON COUNCIL / CONSEIL COMMUNAL
October 3, 2023 / le 3 octobre 2023
Mayor Donna Noade Reardon proclaimed Friday, October 611, 2023 as Green Sports Day
in The City of Saint John.
8. Delegations / Presentations
9. Public Hearings — 6:30 p.m.
9.1 Repeal of Previous s. 59 conditions 1260 Fairville Boulevard
Acting Commissioner Growth and Community Development A. Poffenroth introduced the
proposed amendment of previous Section 59 conditions imposed on the November 6,
1978 rezoning of the property located at 1260 Fairville Blvd, also identified as PID
00402933, 00402925, 00402941, 00397299, 55176879 to permit further development of
self -storage facilities.
Senior Planner Jennifer Kirchner reviewed the submitted presentation and
recommendation.
Mayor Noade Reardon called the Public Hearing to order
The Mayor called for members of the public to speak against the proposed amendment
with the no one presenting.
The Mayor called for members of the public to speak in favour of the proposed amendment
with the following presenting:
Jacob Kilpatrick Civil Engineering Consultant for the project.
Mayor Noade Reardon closed the Public Hearing.
Moved by Councillor Lowe, seconded by Councillor Sullivan:
RESOLVED that Common Council rescind the conditions imposed on the November 6,
1978 rezoning of the property located at 1260 Fairville Boulevard, also identified as PIDs
00402933, 00402925, 00402941, 00397299, and 55176879.
MOTION CARRIED.
Having declared a conflict -of -interest CAO McGovern withdrew from the meeting
9.2 Rescind previous section 39/59 Conditions, Imposing new Section 59 conditions -
1660 Manawagonish Road
Acting Commissioner Growth and Community Development A. Poffenroth introduced the
proposed amendment of previous Section 39 conditions imposed on a parcel of land on
the March 20, 1991, rezoning 1660 Manawagonish Road, also identified as PID numbers
00402727 and 55076335, and approval of new Section 59 conditions to permit the
development of a ball hockey recreation facility.
Senior Planner Mark Reade reviewed the submitted staff presentation and
recommendation.
Mayor Noade Reardon called the Public Hearing to order
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COMMON COUNCIL / CONSEIL COMMUNAL
October 3, 2023 / le 3 octobre 2023
The Mayor called for members of the public to speak against the proposed amendment
with the following presenting.
Richard Tingley, resident 1675 Manawagonish Road, stating the construction of an arena
with bar will be less attractive to a quiet residential character of the neighbourhood and
decrease in property value.
Denise Johnston, resident Coronation Avenue, Island View Heights stating the proposal
for a ball hockey arena and bar is not in character with the residential neighbourhood. A
petition with 96 signatures in opposition was presented.
Mona Malik member Island View Heights Committee, safety concerns, sound impacts of
the outdoor ball arena with sound system near the Cemetery, no real public consultation
conducted, negative impacts for accessibility and inclusivity, traffic, and parking concerns.
Assurances made at the PAC meeting with no real details for sound mitigation, traffic,
parking.
Rainia Malick resident 64 Island View Drive stating her father the previous owner of the
land sold it for residential purposes. Ball hockey arena is not in character with the
neighbourhood, there is no infrastructure such as a bus service or sidewalks. The
developer has other facilities in other cities located in light industrial areas. The hours of
operation are subject to extension for shoot-outs and tournaments.
Steven Byers, resident of Island View presenting, stating there are other areas in the City
that fit the purpose. These properties have been located by a realtor. The applicant Mr. B
said during the public consultation he would look at other locations in the City.
Alex Weaver Crawford, chair PAC stating safety, operational hours, noise, parking, liquor
license, were raised as concerns during the PAC meeting.
Karen Guenette, resident 168 Manawagonish Road presenting, stating safety risks, traffic
concerns, lack of adequate parking space. The area is residential with active cycling,
walking. There was no traffic impact study. The facility should be located in a light industrial
area.
The Mayor called for members of the public to speak in favour of the proposed amendment
with the following presenting:
Renaud Barriere applicant and owner - operates a facility with 4 outdoor rinks in Joliette
Quebec. The Joliette facility was rented in a residential area for several years but moved
to light industrial location to acquire land ownership. The ball hockey teams are small - 7
members. The sports centre liquor designation operates within the hours of operation of
ball hockey hours. The schedule will not conflict with the cemetery burials. The parking
includes handicapped. The building location mitigates sound with a wall of noise measure.
Mike Boyle co-owner of the land with Gordon Breau. Their original plan to develop garden
homes was too expensive for them to proceed. They are leasing the land to the Applicant.
Dusk to dawn lights will be installed. The applicant wants to develop a flagship facility at
a cost $2 - $3 million.
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COMMON COUNCIL / CONSEIL COMMUNAL
October 3, 2023 / le 3 octobre 2023
Sara Hayward President NB Ball Hockey Association a not -for -profit organization
presenting stating the city currently has national calibre teams, and the facility provides
the potential for sports -related tourism and hosting of events. Responding to question,
on the existing outdoor ball hockey arena at Harbor Station development and use.
Brad McHugh a ball hockey player and enthusiast presenting about the opportunity for
youth sports.
Sam Burpee resident of Nerepis and ball hockey player and enthusiast stating the
opportunity to grow the sport.
Gary Crossman President Saint John Metro Ball Hockey League and VP of the New
Brunswick NB Ball Hockey Association presenting - stating the opportunity for the youth
programme. The liquor license for the sports facility is not a bar license. Similar to the LBR
facility, tailgating will not be permitted by the sport event organiser.
Bill McNeill a ball hockey player, referee and coach presenting. The talent in the City is
growing nationally and this is an opportunity for ball hockey talent development.
Moved by Councillor Hickey, seconded by Councillor Stewart:
Resolved that the meeting recess for a short break.
MOTION CARRIED.
The Mayor called a recess for 5 minutes was called at 8:55 pm
Moved by Councillor Sullivan, seconded by Councillor Stewart:
RESOLVED that the meeting reconvene.
MOTION CARRIED
The Mayor reconvened the meeting at 9:00 p.m.
Mayor Noade Reardon closed the Public Hearing
Senior Planner Mark Reade responded to questions from Council stating the City does
not have a lot of surplus land that suits the request for the application.
Moved by Councillor Sullivan, seconded by Councillor Stewart:
RESOLVED that Common Council, pursuant to the provisions of Section 59 of the
Community Planning Act, rescind the conditions imposed on the March 11, 1991,
rezoning, for the parcel of land having an area of approximately 8,498 square metres,
located at 1660 Manawagonish Road, also identified as PID Numbers 55076335 and
00402727.
MOTION CARRIED with Councillor Lowe voting nay.
Moved by Councillor Sullivan, seconded by Councillor Stewart:
RESOLVED that Common Council, pursuant to the provisions of Section 59 of the
Community Planning Act, impose the following conditions on the parcel of land having
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COMMON COUNCIL / CONSEIL COMMUNAL
October 3, 2023 / le 3 octobre 2023
an area of approximately 8,498 square metres, located at 1660 Manawagonish Road,
also identified as portions of PID Numbers 55076335 and 00402727:
a. The development and use of the parcel of land be in accordance with detailed
building elevation and site plans, prepared by the proponent and subject to the
approval of the Development Officer, illustrating the design and location of
buildings and structures, garbage enclosures, outdoor storage, driveway
accesses, vehicle and bicycle parking, loading areas, landscaping, amenity
spaces, signs, exterior lighting, and other such site features including front, side,
and back yard landscaping in conformance with the Zoning By -Law.
b. That a detailed landscaping plan be prepared by the developer and submitted
with the Building Permit application for the approval of the Development Officer.
This plan must detail the following:
i. Retention of existing trees on the property along the boundaries of the
site.
ii. Additional screening measures along the northern (rear) and western
property lines of the site comprised of fencing or plantings or a
combination of both along these two boundaries.
iii. Front yard landscaping conforming to the commercial zone requirement
of a tree or shrub per 45 square metres of required front yard provided
50% of the plantings are trees.
C. That the operation of a liquor licensed facility within the proposed development:
i. be limited to the operating hours of the ball -hockey facility; and
ii. that consumption of alcohol be restricted to the interior of the building.
d. That an illumination plan be prepared by the proponent and submitted for the
approval of the Development Officer, detailing the lighting for the proposed
development. The illumination plan must demonstrate that there be no light
spillover onto adjacent properties from illumination of the outdoor ball -hockey
court.
e. That any lighting associated with the outdoor ball -hockey surface be limited to
the facility's hours of operation.
f. That the proponent, at their sole expense, engage a qualified engineering firm
selected jointly by the City and proponent, to conduct a post construction sound
monitoring study once the facility is operational and determine if sound mitigation
measures are warranted.
Should mitigation measures be warranted based on the study, that these
measures be implemented at the proponent's expense, subject to the approval of
the Development Officer, along the northeastern property boundary from the
northeastern building corner to the northeastern corner of the property adjacent
to PID 00397208.
g. That the proposed development incorporates pedestrian connections between
the building and the parking lot, and between the building and the public sidewalk
located on Manawagonish Road.
h. That should the proposed ball hockey facility incorporate two driveway accesses
from Manawagonish Road as shown on the site plan, that directional signage be
installed, to establish the traffic flow allowed at each of the accesses, one being
an entrance and the other an exit. This condition only applies to the operation of
the site as a ball hockey facility.
i. Any modifications to the site accesses be constructed by the proponent at their
expense and that the applicable City permits and approvals be obtained for this
work.
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COMMON COUNCIL / CONSEIL COMMUNAL
October 3, 2023 / le 3 octobre 2023
j. The attached elevation and site plans be attached to the permit application for
the development of the parcel of land.
k. That the parcel of land be developed and maintained in accordance with an
engineering storm water drainage plan and design report, prepared by a
professional engineer on behalf of the proponent and subject to the approval of
the Chief City Engineer, and that such approved plan and report be attached to
any development and/or building permit for the proposed development; and
I. Should any municipal infrastructure improvements be required to service this
proposal, it will be the full responsibility and cost to complete of the proponent.
Prior to determining the requirement for any municipal infrastructure
improvements, detailed engineering plans and a design brief must be submitted
by the proponent's engineering consultant to the City for review and approval.
M. That vehicular access to the site from Clearview Row be prohibited
MOTION CARRIED with Councillors Harris and Lowe voting nay.
CAO McGovern re-entered the meeting.
10. Consideration of By -Laws
10.1 Traffic By-law Amendments - Sydney Street (Broadview Avenue to Vulcan
Street) (3rd Reading) (Report and Attachments to Follow)
Referring to the submitted M&C 2023-209 Traffiic By-law Amendments - Sydney Street
(Broadview Avenue to Vulcan Street) — Third Reading Commissioner Hugenholtz
advised the Traffic By-law Amendments received 1st and 2nd reading November 14,
2022,
all requirements are now satisfied, and the By -Law is ready for third reading.
Moved by Councillor Ogden, seconded by Councillor Lowe:
RESOLVED that the by-law entitled "By -Law Number MV-10.1 A By -Law respecting the
Traffic on Streets in the City of Saint John and amendments thereto "amending Schedule
"A-1"; Schedule "B"; Schedule "G"; Schedule "N" and Zone E to remove alternate side on -
street parking on Sydney Street from Broadview Avenue to Vulcan Street and designate
this section of Sydney Street as no parking anytime, and which will also allow for the
extension of the Harbour Passage multi -use trail to be extended on Sydney Street from
Broad Street to Tin Can Beach, be read in entirety.
MOTION CARRIED.
The by-law entitled, "By -Law Number MV-10.1 A By -Law to Amend a By -Law respecting
the Traffic on Streets in The City of Saint John and amendments thereto" was read in its
entirety.
Moved by Councillor Norton, seconded by Councillor Stewart:
RESOLVED that the by-law entitled, "By -Law Number MV-10.1 A By -Law to Amend a By -
Law respecting the Traffic on Streets in The City of Saint John and amendments thereto
"amending Schedule "A-1"; Schedule "B"; Schedule "G"; Schedule "N" and Zone E to
remove alternate side on -street parking on Sydney Street from Broadview Avenue to
Vulcan Street and designate this section of Sydney Street as no parking anytime, and
COMMON COUNCIL / CONSEIL COMMUNAL
October 3, 2023 / le 3 octobre 2023
which will also allow for the extension of the Harbour Passage multi -use trail to be
extended on Sydney Street from Broad Street to Tin Can Beach, be read a third time,
enacted, and the Corporate Common Seal affixed thereto.
MOTION CARRIED.
Read a third time by title, the by-law entitled "By -Law Number MV-10.1 A By -Law
respecting the Traffic on Streets in the City of Saint John and amendments thereto."
11. Submissions by Council Members
12. Business Matters — Municipal Officers
12.1 Chief Administrative Officer Update on Select Catalytic Projects and Advocacy
CAO B. McGovern provided an update on 3 Catalytic Projects.
• Fundy Quay Market Slip Public Space - development is on schedule.
• The North End School (K-Grade 5) location - site has been selected at the former
Crescent Valley school property 84 Rope Walk Road. Construction is scheduled
to start in the spring 2024.
• Comprehensive Recreation Facility - the Regional Facilities Service Commission
has a scope of work for a needs assessment to enable them to seek funding
from other levels of government.
Advocacy —Affordable Housing projects Rapid Housing Initiative at Barrack Green is
under development. Funding application for the Accelerator Fund is submitted.
Moved by Councillor Ogden, seconded by Councillor Harris:
RESOLVED that the Update on Select Catalytic Projects and Advocacy be received for
information.
MOTION CARRIED.
13. Committee Reports
13.1 Finance Committee: Common Council Input into 2024 General Operating Budget
Councillor Sullivan, Chair of the Finance Committee, advised of the forthcoming 2024
budget presentation and Council Member's opportunity for input at next meeting of
Council.
Moved by Councillor Sullivan, seconded by Deputy Mayor MacKenzie:
RESOLVED that the Finance Committee: Common Council Input into 2024 General
Operating Budget be received for information.
MOTION CARRIED.
14. Consideration of Issues Separated from Consent Agenda
15. General Correspondence
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COMMON COUNCIL / CONSEIL COMMUNAL
October 3, 2023 / le 3 octobre 2023
15.1 Letter from D. Sherwood Regarding Homelessness (Recommendation to Direct
Mayor to Forward Letter to Appropriate Provincial Department)
Moved by Deputy Mayor MacKenzie, seconded by Councillor Hickey:
RESOLVED that the Mayor be directed to forward the letter from D. Sherwood regarding
homelessness to appropriate Provincial Departments.
MOTION CARRIED.
Moved by Councillor Harris, seconded by Councillor Sullivan:
RESOLVED that in accordance with the Procedural By -Law the meeting be extended
beyond 10:00 p.m.
MOTION CARRIED.
16 Supplemental Agenda
17. Committee of the Whole
17.1 CMHC Rapid Housing Initiative Contribution Agreement
Moved by Deputy Mayor MacKenzie, seconded by Councillor Norton:
RESOLVED that the City waive conditions precedent 9.1(c) related to the cost overrun
mitigation plan and 9.1(i) in the Contribution Agreement between the City and
Kaleidoscope Social Impact Inc. dated September 13, 2023 and flow $900,000 in funding
to Kaleidoscope upon all other conditions precedent having been met, as a partial
payment of the first Milestone Payment defined in Schedule C to the said Agreement; and
that the remainder of the said first Milestone Payment be paid when all the conditions
precedent listed in section 9.1 have been met.
MOTION CARRIED.
17.2 Commercial Transaction - Legal Retainer
Moved by Councillor Norton, seconded by Councillor Stewart:
RESOLVED that the City retain Torys LLP for expert services in a commercial transaction
in accordance with the statement of work and estimate presented to Committee of the
Whole at its meeting held Oct. 3, 2023 for the said transaction.
Motion Carried with Councillor Harris voting nay.
Having declared a conflict -of -interest Councillor Killen withdrew from the meeting.
17.3 Code of Conduct Matter
Moved by Deputy Mayor MacKenzie, seconded by Councillor Sullivan:
RESOLVED that, on the recommendation of the Committee of the Whole and pending the
outcome of an investigation under the Code of Conduct By -Law, Councillors Killen and
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COMMON COUNCIL / CONSEIL COMMUNAL
October 3, 2023 / le 3 octobre 2023
Harris be relieved of all their council committee duties and their appointments by Council
to different bodies be rescinded effective immediately.
Councillor Radwan raised a point of order asking how Councillor Harris has not declared
a conflict.
The Mayor stated that's fine that's done.
Councillor Harris expresses his concern that the person who filed the complaint has not
declared a conflict.
The Mayor stated that's done, the motion passes.
MOTION CARRIED.
18 Adjournment
Moved by Councillor Lowe, seconded by Councillor Stewart:
RESOLVED that the meeting of Common Council held on October 3, 2023, be adjourned.
MOTION CARRIED.
The Mayor declared the meeting adjourned at 10:12 p.m.
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COMMON COUNCIL / CONSEIL COMMUNAL
October 10, 2023 / le 10 octobre 2023
MINUTES — REGULAR MEETING
COMMON COUNCIL OF THE CITY OF SAINT JOHN
TUESDAY OCTOBER 10, 2023 AT 5:45 PM
MEETING CONDUCTED VIRTUALLY
An Electronic means of communication will be used at this meeting. The public may view
the meeting on the City's Website (www.saintjohn.ca).
Present: Acting Mayor - Deputy Mayor John MacKenzie
Councillor -at -Large Gary Sullivan
Councillor -at -Large Brent Harris
Councillor Ward 1 Greg Norton
Councillor Ward 1 Joanna Killen
Councillor Ward 2 Barry Ogden
Councillor Ward 3 Gerry Lowe
Councillor Ward 3 David Hickey
Councillor Ward 4 Greg Stewart
Councillor Ward 4 Paula Radwan
Absent: Mayor Donna Noade Reardon
Also Present:
Chief Administrative Officer (CAO) B. McGovern
Chief Financial Officer K. Fudge
General Counsel M. Tompkins
Commissioner Human Resources S. Hossack
Fire Chief K. Clifford
Commissioner Utilities & Infrastructure Services I. Fogan
Acting Commissioner Growth and Community Services A. Poffenroth
Director Communications L. Caissie
Commissioner Public Works and Transportation Services M. Hugenholtz
Director Legislative Services / City Clerk J. Taylor
Deputy Clerk P. Anglin
Administrative Assistant A. MacLean
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COMMON COUNCIL / CONSEIL COMMUNAL
October 10, 2023 / le 10 octobre 2023
1. Call to Order
The Deputy Mayor called the virtual meeting to order
1.1 Land Acknowledaement
Councillor Hickey read aloud the Land Acknowledgement and called for a moment of
reflection.
"The City of Saint John/Menaquesk is situated is the traditional territory of the
Wolastoqiyik/Maliseet.The Wolastoqiyik/Maliseet along with their Indigenous Neighbours,
the Mi'Kmaq/Mi'kmaw and Passamaquoddy/Peskotomuhkati signed Peace and
Friendship Treaties with the British Crown in the 1700s that protected their rights to lands
and resources."
1.2 National Anthem
The Saint John High School Choir performed the National Anthem by video.
2. Approval of Agenda
Moved by Councillor Stewart, seconded by Councillor Ogden:
RESOLVED that the agenda for October 10, 2023, be approved.
MOTION CARRIED.
3. Disclosures of Conflict of Interest
4. Members Comments
5. Committee of the Whole
5.1 Collective Aareement with CUPE Local 486
Commissioner of Human Resources S. Hossack presented the highlights of the proposed
Collective Agreement.
Moved by Councillor Lowe, seconded by Councillor Killen:
RESOLVED that as recommended by the Committee of the Whole having met on Tuesday
October 10, 2023, Common Council:
1. Ratify and approve the Tentative Agreement between the City of Saint John and
the Canadian Union of Public Employees, Saint John City Hall Employees, Local 486; and
2. That the Mayor and City Clerk be authorized to execute the Collective Agreement
on the terms and conditions as generally presented to Committee of the Whole on October
10, 2023, and any documents ancillary thereto.
MOTION CARRIED.
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COMMON COUNCIL / CONSEIL COMMUNAL
October 10, 2023 / le 10 octobre 2023
6. Adjournment
Moved by Councillor Lowe, seconded by Councillor Harris:
RESOLVED that the meeting of Common Council held on October 10, 2023, be
adjourned.
MOTION CARRIED.
The Deputy Mayor declared the meeting adjourned at 6:03 pm.
City Clerk
15
COUNCIL REPORT
M&C No.
2023-218
Report Date
October 11, 2023
Meeting Date
October 16, 2023
Service Area
Utilities and
Infrastructure Services
Her Worship Mayor Donna Noade Reardon and Members of Council
SUBJECT. Contract 2023-04: Tippett Drive — Sanitary Lift Station Modifications
AUTHORIZATION
Primary Author
Commissioner/Dept. Head
Chief Administrative Officer
John Campbell
Ian Fogan / Michael Baker
J. Brent McGovern
RECOMMENDATION
It is recommended that Contract No. 2023-04: Tippett Drive — Sanitary Lift Station
Modifications be awarded to the low Tenderer, Galbraith Construction Ltd., at the
tendered price of $603,587.85 (including HST) as calculated based upon estimated
quantities, and further that the Mayor and City Clerk be authorized to execute the
necessary contract documents.
EXECUTIVE SUMMARY
The purpose of this report is to recommend that Council award Contract 2023-04:
Tippett Drive — Sanitary Lift Station Modifications to Galbraith Construction Ltd.,
the low tenderer.
PREVIOUS RESOLUTIONS
October 21, 2019: M&C 2019-266 - Disaster Mitigation and Adaptation Funding,
approved.
May 4, 2020: M&C 2020-123 — Engineering Services: DMAF Sanitary Lift Station
Improvements, approved.
October 17, 2022: M&C 2022-317; 2023 and 2024 General Fund and Utility Fund
Capital Budget, approved.
April 17, 2023: M&C 2023-98; 2023 General Fund and Utility Fund Capital Budget
Update
"Recommend deferring three Utility Fund Capital Projects if required to offset cost
overruns due to supply chain or other inflationary pressures based on the priority
rankings in Appendix 2 (i.e., Priority ranking 3 would be utilized first)"
-2-
REPORT
BACKGROUND
The approved 2023 Utility Fund Capital Program includes City Share and Other
Share funding for reconstruction of the Tippett Drive Sanitary Lift Station above
future flood levels in order to provide for the reliable collection of wastewater.
This project involves reconstructing the existing control building above forecasted
flood levels.
TENDER RESULTS
Tenders closed on August 29, 2023, with the following results, including HST:
1. Galbraith Construction Ltd. $603,587.85
2. Fairville Construction Ltd. $606,395.00
3. TerraEx Inc. $841,915.00
The Engineer's estimate for the work was $637,514.00, including HST.
U10F1W&II•1
The tenders were thoroughly reviewed by staff and found to be formal in all
respects. Staff believe that Galbraith Construction Ltd., the low tenderer,
possesses the necessary resources and expertise to successfully execute the
project. Therefore, staff recommend accepting their tender.
FINANCIAL IMPLICATIONS
The City has approved funding for this project under the 2023 Utility Fund Capital
Program budget. The following table illustrates the approved funding within the
Utility Fund Capital program.
Capital Year
Project Description
Other Share
Utility Share
Retrofit lift station above flood level to
provide for reliable collection of
wastewater, including design and
2023
construction management services.
$124,000
$320,000
Project to be partially funded under
DMAF. (Climate Change Adaptation
Project)
Assuming award of the Contract to the low tenderer, an analysis was completed
which includes the estimated amount of work that will be performed by the
Contractor and Others.
17
-3-
The analysis is as follows:
Budget Envelope
$ 444,000.00
Project net cost
$ 640,169.00
Variance (Shortfall)
$ 196,169.00
The DMAF funding for this project is 60% City share and 40% Other Share. In order
to maximize the usage of available DMAF funding 40% of the project net cost will
be paid for by Other Share funding ($256,067.60). The $132,067.60 ($256,067.60
— $124,000) shortfall in Other Share funding will come from the overall DMAF
funding envelope which includes raising or moving 9 lift stations. The City will be
utilizing all available DMAF funding to complete the lift station projects until the
Other Share funding is fully utilized. Once the Other share funding is fully utilized
then the City will be responsible for 100% of the costs to complete the remaining
lift station projects.
There is a shortfall in City Share funding of $64,101.40 ($384,101.40 - $320,000).
City Share shortfall will come from the approved 2023 Utility Fund Capital projects
that have been deferred (M&C 2023-98) as part of a plan to allow overages to be
offset within the 2023 Utility Capital Budget.
Ili1414V=9: 1►107: 1ilk] 1►We] tole] ►RI1: [a]Ito] ► role] ►11: MIU
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 the City's Priorities of GROW by investing in key
infrastructure upgrades and PERFORM by adhering to plans, policies, procedures,
and best practices with respect to managing the City's infrastructure assets.
SERVICEAND FINANCIAL OUTCOMES
The reconstruction of the Tippett Drive Sanitary Lift Station will ensure that rising
water levels, as a result of climate change, will not damage nor negatively impact
the future operation of this asset.
There is sufficient DMAF funding (Other Share) available within the Agreement,
therefore increasing the Other Share funding by $132,067.60 should be followed
in order to maximize the Other Share funding available to the City.
iF:3
-4-
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.
Finance also reviewed the report to ensure the DMAF Funding requirements were
adhered too and the adjustment of funding for this project adhered to Capital
budget policy.
ATTACHMENTS
N/A
11111061
COMMON COUNCIL REPORT
M&C No.
2023-224
Report Date
September 27, 2023
Meeting Date
October 03, 2023
Service Area
Strategic Services
Her Worship Mayor Donna Noade Reardon and Members of Common Council
SUBJECT. Common Council Input into 2024 General Operating Budget
AUTHORIZATION
Primary Author
Commissioner/Dept. Head
Chief Administrative Officer
Chair Gary Sullivan
Kevin Fudge
J. Brent McGovern
RECOMMENDATION
It is recommended Common Council receive and file this report.
EXECUTIVE SUMMARY
As part of the 2024 General Operating Budget process, the Finance Committee is
seeking the feedback of Common Council prior to bringing back a budget
recommendation to Common Council in November.
PREVIOUS RESOLUTION
Not Applicable
REPORT
As part of the 2024 General Operating Budget process, the Finance Committee
would like to seek the feedback of Common Council on preferred areas of budget
focus prior to bringing back a recommendation in mid -November. An agenda item
will be added to the October 161", 2023, meeting of Common Council, where the
Chair of the Finance Committee will seek the input of each Councillor.
The Finance Chair will request the feedback provided be in alignment with
Council's priorities, the City's 10 Year Strategic Plan, the City's 10-year Long Term
Financial Plan and with the City's various master plans such as PlanSJ, PlaySJ, and
the Central Peninsula Neighborhood Plan.
For convenience, staff will send an email to Council on October 4t", 2023, with
links to the City's various plans and documents so Council can properly prepare.
K91
STRATEGICALIGNMENT
The report aligns with Council's strategic priority to Perform.
SERVICEAND FINANCIAL OUTCOMES
The input received from Common Council on October 161" will be used by the
Finance Committee to make 2024 General Operating Budget recommendations.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
Input from the Chief Administrative Officer and Finance Committee Chair was
received.
ATTACHMENTS
N/A
21
From: City of Saint John, New Brunswick <webform-noreply@saintjohn.ca>
Sent: Saturday, October 7, 2023 3:12 PM
To: Common Clerk <commonclerk@saintjohn.ca>
Subject: Webform submission from: Submission to Council Form
[ External Email Alert] **Please note that this message is from an external
sender. If it appears to be sent from a Saint John employee, please forward the
email to spamsample@saintiohn.ca or contact IT Service Desk at 649-6047.**
Submitted on Sat, 10/07/2023 - 15:12
Submitted by: Anonymous
Submitted values are:
About Person/Group Submitting
First name
Juan
Last name
Garcia
Name of organization/group (where applicable)
Personal
Mailing Address
17 Linda crt
Saint John . E2J4B1
Telephone
5068981694
Email
0uan.garcia.r@gmail.com
If you do not wish to have your personal information (address, phone number, email) become part of
the public record, please check this box.
Yes
About your Submission
WA
Topic of submission
Road Saftey
Purpose for submission (what is the ask of council):
Remove Publicity from City Buses to Reduce Distractions
Executive summary
In recent years, concerns regarding distracted driving and pedestrian safety have escalated across
Canada. One prominent source of distraction in urban areas is the extensive use of publicity on city
buses. This proposal outlines the need to remove publicity from city buses and provides Canadian
examples to support this initiative.
Background:
Distracted Driving Epidemic: Distracted driving is a growing problem in Canada, leading to accidents,
injuries, and fatalities. One significant distraction factor is the vivid and dynamic advertisements on city
buses that capture drivers' attention.
Pedestrian Safety: Distractions not only affect drivers but also pedestrians. People may be less attentive
when crossing streets, particularly at busy intersections with eye-catching bus ads.
Canadian Examples:
1. Toronto, Ontario:
In 2020, Toronto introduced a pilot project to remove advertisements from buses along certain routes in
the city center. The initiative saw a notable reduction in distracted driving incidents in these areas,
according to data from the Toronto Police Service.
A survey conducted among Toronto pedestrians and cyclists revealed that 75% of respondents felt safer
crossing streets without distracting bus ads, suggesting a positive impact on pedestrian safety.
2. Vancouver, British Columbia:
In 2021, the City of Vancouver, in collaboration with TransLink, initiated a trial period during which
buses in the downtown core temporarily removed external advertising. During this period, there was a
noticeable decrease in reported collisions and near -miss incidents involving pedestrians and buses.
3. Montreal, Quebec:
Montreal's public transit authority conducted a study in 2019 examining the correlation between bus ad
distraction and pedestrian accidents. The findings indicated that areas with high -density bus
advertisements had a higher incidence of pedestrian -related accidents, highlighting the need for action.
Proposal:
To address the issue of distractions caused by publicity on city buses, I propose the following steps:
1. Phased Removal of Bus Advertisements:
Implement a phased approach to gradually remove external advertisements from city buses within 4-6
months. Begin with high -risk areas identified through accident data and gradually expand to cover the
entire fleet.
2. Replace with Safety Promoting Messages:
Replace external bus advertisements with safety -promoting messages online, such as road safety tips,
reminders about distracted driving laws, or community safety initiatives.
3. Public Awareness Campaign:
Launch a public awareness campaign to inform residents and commuters about the benefits of this
initiative, emphasizing its positive impact on road safety and pedestrian well-being.
4. Evaluation and Continuous Improvement:
Monitor the impact of the publicity removal program through data analysis, including accident reports,
pedestrian safety surveys, and feedback from commuters. Make necessary adjustments based on
findings to optimize safety.
W
Conclusion:
Distracted driving and pedestrian safety are paramount concerns in Canada's urban areas. Removing
publicity from city buses presents a compelling solution to reduce distractions and improve road safety.
The Canadian examples provided demonstrate the potential benefits of such a program. By adopting
this proposal, we can make our cities safer for all residents and commuters.
References:
Toronto Police Service. (2020). Distracted Driving Statistics.
City of Vancouver. (2021). External Advertising Removal Pilot Program Report.
Societe de transport de Montreal. (2019). Etude sur la distraction des usagers de la route en presence de
publicite autobus
0&1
M&C No.
2023-227
Report Date
October 11, 2023
Meeting Date
October 16, 2023
Service Area
General Counsel
SUBJECT. Extension of License with Fundy Harbour Estates Inc. - North Market
Street
EXECUTIVE SUMMARY OF COMMITTEE OF THE WHOLE REPORT FOR OPEN
SESSION OF COUNCIL
In late 2021, City staff were approached by Fundy Harbour Estates Inc. (the
"Licensee") about their desire to install handicap access on North Market Street.
The work did not proceed on the initial time frame and the Licensee has requested
an extension of the License until the end of February 2024. The purpose of this
report is to seek Council's authorization to enter into an Amended and Restated
License with the Licensee for the sole purpose of extending the term of the License
to February 29, 2024.
COUNCIL RESOLUTION
That the City enter into an Amended and Restated License Agreement in the form
as presented to Committee of the Whole at its meeting held October 16, 2023,
with Fundy Harbour Estates Inc. for the sole purpose of extending the term of the
License dated February 7, 2022, to terminate on February 29, 2024, and that the
Mayor and Clerk be authorized to execute the said Amended and Restated License
Agreement and any other document ancillary thereto.
OR
M&C No.
2023-228
Report Date
October 10, 2023
Meeting Date
October 16, 2023
Service Area
General Counsel
SUBJECT: Land Assembly for South Central Peninsula School
EXECUTIVE SUMMARY OF COMMITTEE OF THE WHOLE REPORT FOR OPEN
SESSION OF COUNCIL
A new urban school for the South -Central Peninsula has been a top priority for
Council, with an innovative central peninsula learning commons being designated
as one of Council's catalytic infrastructure projects. The Province is leading the
project and has reached a decision that the site for the new school will be on the
lands adjacent to Rainbow Park. Council previously resolved to contribute twelve
(12) City -owned vacant parcels of lands to the Province in support of the project.
Staff have successfully negotiated an Agreement of Purchase and Sale for these
parcels.
COUNCIL RESOLUTION
That the City enter into an Agreement of Purchase and Sale generally in the form
as presented to Committee of the Whole at its meeting held October 16, 2023,
with the Province of New Brunswick for the sale of twelve parcels of land located
within the block of Charlotte Street, St. James Street, Sydney Street, and Broad
Street in the City of Saint John, identified as PIDs 00001560, 00001552, 00001545,
00001537, 00001529, 00001511, 00001503, 00001495, 00002386, 00002220,
00001487 and 55019731 and that the Mayor and Clerk be authorized to execute
the said Agreement of Purchase and Sale and any other documents necessary to
effect the transaction.
41.1