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2023-11-14_Agenda Packet--Dossier de l'ordre du jour /źƷǤ ƚŅ {ğźƓƷ WƚŷƓ /ƚƒƒƚƓ /ƚǒƓĭźƌ aĻĻƷźƓŭ ǒĻƭķğǤͲ bƚǝĻƒĬĻƩ ЊЍͲ ЋЉЋЌ Committee of the Whole Њ͵ /ğƌƌ Ʒƚ hƩķĻƩ Si vous avez besoin des services en français pour une réunion de Conseil communal, veuillez contacter le bureau du greffier communal au 658-2862. Each of the following items, either in whole or in part, is able to be discussed in private pursuant to the provisions of subsection 68(1) of the Local Governance Act and Council / Committee will make a decision(s) in that respect in Open Session: Ɠķ ЍʹЌЉ Ʀ͵ƒ͵Ͳ Ћ CƌƚƚƩ .ƚğƩķƩƚƚƒͲ /źƷǤ Iğƌƌ 1.1 Approval of Minutes 68(1) 1.2 Financial Matter 68(1)(c) 1.3 Financial Matter 68(1)(c) 1.4 Financial Matter 68(1)(c) 1.5 Nominating Committee 68(1)(b) Ville de Saint John Séance du conseil communal Mardi 14 novembre 2023 18 h e 2 étage de la salle temporaire du conseil communal, Hôtel de Ville Cette réunion se déroulera par le assister à la réunion en personne dans la salle temporaire du conseil communal. Il peut aussi y assister par le site Web de la ville (https://saintjohn.ca/fr) ou sur Rogers TV. Comité plénier 1. Ouverture de la séance Si vous souhaitez obtenir des services en français pour une séance du conseil communal, veuillez communiquer avec le bureau du greffier communal au 658-2862. privé en vertu des dispositions prévues au paragraphe 68(1) de la \[ƚź ƭǒƩ ƌğ ŭƚǒǝĻƩƓğƓĭĻ ƌƚĭğƌĻ. Le conseil/comité prendra une ou des décisions à cet égard au cours de la séance publique : e 16 h 30 Comité plénier à huis clos salle de conférence du 2étage 1.1 Approbation du procès-verbal 68(1) 1.2 Question financière 68(1)(c) 1.3 Question financière 68(1)(c) 1.4 Question financière 68(1)(c,f) 1.5 Comité de nomination 68(1)(b) Séance ordinaire 1. Ouverture de la séance 1.1 Reconnaissance des terres 1.2 Hymne national 1.3 (AIM) 2. Approbation du procès-verbal 2.1 Procès-verbal du 30 octobre 2023 5.1 Fonds pour accélérer la construction de logements ministre Fraser (suggestion dans le rapport) 5.2 27, rue Cliff suppression administrative des conditions (suggestion dans le rapport) 5.3 Resurfaçage/reconstruction de la voie Heather (suggestion dans le rapport) 5.4 : Ville de Saint John, ESIDES, deuxième étape (suggestion dans le rapport) 6. Commentaires présentés par les membres 7. Proclamation 8. Délégations et présentations 8.1 Présentation de la marque à la ville de Saint John (présentation à suivre) 9. Audiences publiques 10. Étude des arrêtés municipaux 11. Interventions des membres du conseil 11.1 Les 10 meilleures pratiques des Fonds pour accélérer la construction de logements (conseiller Hickey) 11.2 (conseiller Harris) 12. Affaires municipales évoquées par les fonctionnaires municipaux 12.1 la défense des intérêts (verbal) 12.2 Mise à jour du Plan de gestion hivernale re e 12.3 Modification du règlement sur la circulation (1et 2lecture) 12.4 Règlement sur le déneigement et le dégagement de la neige et de la glace re e des rues publiques de la ville de Saint John (1et 2lecture) 13. Rapports déposés par les comités 13.1 Comité des finances : Demande de subvention supplémentaire au programme de subvention municipal 15. Correspondance générale 15.1 S. Cunningham : Promenade de la renommée (suggestion : Recevoir pour renseignement) 16. Ordre du jour supplémentaire 17. Comité plénier 17.1 Fonds pour des communautés plus sres Entente de subvention avec le district scolaire anglophone du Sud 17.2 Nominations recommandées aux comités 18. Levée de la séance COMMON COUNCIL / CONSEIL COMMUNAL October 30, 2023 / le 30 octobre 2023 MINUTES REGULAR MEETING COMMON COUNCIL OF THE CITY OF SAINT JOHN OCTOBER 30, 2023 AT 6:00 PM ND 2 FLOOR COMMON COUNCIL CHAMBER, CITY HALL An Electronic means of communication will be used at this meeting. The public may attend the meeting in person in the Council Chamber or view the meeting on the Website (www.saintjohn.ca) or on Rogers TV͵ Present: Mayor Donna Noade Reardon Deputy Mayor John MacKenzie Councillor-at-Large Gary Sullivan Councillor-at-Large Brent Harris Councillor Ward 2 Barry Ogden Councillor Ward 3 Gerry Lowe Councillor Ward 3 David Hickey Councillor Ward 4 Greg Stewart Councillor Ward 4 Paula Radwan Absent: Councillor Ward 1 Greg Norton Councillor Ward 1 Joanna Killen Also Present: Chief Administrative Officer (CAO) B. McGovern General Counsel M. Tompkins Chief Financial Officer Commissioner K. Fudge Commissioner Human Resources S. Hossack Fire Chief K. Clifford Acting Commissioner Utilities & Infrastructure Services M. Baker Acting Commissioner Growth and Community Development A. Poffenroth Director External Relations L. Caissie Commissioner Public Works Hugenholtz (virtual attendance) Director Director Legislative Services / City Clerk J. Taylor Deputy Clerk P. Anglin 1 COMMON COUNCIL / CONSEIL COMMUNAL October 30, 2023 / le 30 octobre 2023 1. Call to Order 1.1 Land Acknowledgement Councillor Radwan read aloud the Land Acknowledgement and called for a moment of reflection. the Wolastoqiyik/Maliseet.The Wolastoqiyik/Maliseet along with their Indigenous Neighbours, the and Friendship Treaties with the British Crown in the 1700s that protected their rights to lands 1.2 National Anthem The Saint John High School Choir performed O Canada by video. 2. Approval of Minutes 2.1 Minutes of October 16, 2023 Moved by Councillor Harris, seconded by Deputy Mayor MacKenzie: RESOLVED that the minutes of October 16, 2023, be approved. MOTION CARRIED. 3. Approval of Agenda 3.1 Items from Committee of the Whole Moved by Councillor Stewart, seconded by Councillor Sullivan: RESOLVED that the agenda for October 30, 2023 be approved with the addition of items: 17.1 Purchase and Sale of 901 Foster Thurston; and 17.2 Labour and Employment Matter MOTION CARRIED with Councillor Harris voting nay. 3.2 Housing Accelerator Fund Moved by Councillor Hickey, seconded by Councillor Ogden: RESOLVED that the agenda be approved with the addition of item 16.1 Housing Accelerator Fund Best Practice. MOTION TIED with Deputy Mayor MacKenzie and Councillors Harris, Stewart and Lowe voting nay. The Mayor broke the tie voting in favour of the motion. MOTION CARRIED. 2 COMMON COUNCIL / CONSEIL COMMUNAL October 30, 2023 / le 30 octobre 2023 3.3 Letter re Ceasefire in Gaza Moved by Councillor Radwan, seconded by Councillor Ogden: RESOLVED that the agenda be approved with the addition of item 16.2 Letter to Member of Parliament W. Long and Federal Minister Foreign Affairs Melanie Joly for Humanitarian ceasefire in Gaza. MOTION DEFEATED with Deputy Mayor MacKenzie and Councillors Harris, Hickey, Sullivan, Stewart, and Lowe voting nay. 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 RESOLVED that as recommended in the submitted report M&C 2023-212: Trans Canada Trail Contribution Agreement the City enter into the Contribution Agreements in the form as attached to M&C No. 2023-212 with the Trans Canada Trail for funding related to Trail Signage and Drainage Repairs and that the Mayor and Clerk be authorized to execute the said Contribution Agreement and any other documents ancillary thereto. 5.2 RESOLVED that as recommended in the submitted report M&C 2023-231: Proposed 2024 Common Council Meeting Schedule the submitted 2024 Common Council meeting schedule be approved. 5.3 RESOLVED that as recommended in the submitted report M7C 2023-234: Assent to Money-in-lieu of Land for Public Purposes Colonial Acres Subdivision (Phase 2) (PID 00024315) Common Council assent to money-in-lieu of Land for Public Purposes for the proposed Colonial Acres Subdivision (Phase 2) (PID 00024315) on Tamika Lane. 5.4 RESOLVED that as recommended in the submitted report M&C 2023-229: Active Transportation Fund (AFT) Grant Amending Agreements the City enter into Amending Agreements with His Majesty the King in Right of Canada (Minister of Housing, Infrastructure and Communities) for the following projects: 1) Identification, Design Features, and Prioritization of Needed Crosswalks Crossing Arterial and Collector Streets; 2) Sidewalk Infill Strategy Completion; and 3) Preliminary Road Safety Public Education Plan; and that the Mayor and Clerk be authorized to execute the said Amending Agreements and any documents ancillary thereto. 5.5 RESOLVED that as recommended in the submitted report M&C 2023-237: Business Improvement Area 2024 Budget Common Council signal its intention to approve the 2024 Business Improvement Area budget submitted by Uptown Saint John Inc.; and that the City Clerk be directed to prepare the required newspaper notice, per s.6(2) of the Business Improvement Areas Act. 5.6 RESOLVED that as recommended in the submitted report M&C 2023-235: Community Arts Board Funding Fall/Winter 2023 Common Council receive and file the Saint John Community Arts successful applicants for the 2023 Fall/Winter Small Grants Funding; and that the Commissioner of Finance facilitates payment to the successful organizations. Moved by Deputy Mayor MacKenzie, seconded by Councillor Hickey: 3 COMMON COUNCIL / CONSEIL COMMUNAL October 30, 2023 / le 30 octobre 2023 RESOLVED that the recommendation set out in each consent agenda item respectively be adopted. MOTION CARRIED UNANIMOUSLY. 6. Members Comments Members commented on various local events. Councillors Ogden and Sullivan withdrew from the meeting. 7. Proclamation 7.1 Dyslexia Awareness Month The Mayor proclaimed the month of October 2023 as Dyslexia Awareness Month in The City of Saint John. 8. Delegations / Presentations 9. Public Hearings 6:30 p.m. 10. Consideration of By-Laws 10.1 Public Presentation 1440 Loch Lomond Road Acting Commissioner A. Poffenroth advised that the public presentation is for a proposed Municipal Plan Amendment to redesignate on Schedule A of the Municipal Development Plan, land having an approximate area of 3.68 hectares, located at 1440 Loch Lomond Road, also identified as PID 55094981, from Urban Reserve to Stable Area; and to redesignate on Schedule B of the Municipal Development Plan, land having an approximate area of 3.68 hectares, located at 1440 Loch Lomond Road, also identified as PID 55094981, from Urban Reserve to Stable Residential, to permit a residential development. This commences a 30-day public review period during which the public can make written submissions to Council on the application. 10.2 Charlotte Street Reimagination Project Traffic and Parking By-Law Amendments stnd (1 and 2 Readings) Commissioner Hugenholtz introduced the submitted report M&C 2023-233: Charlotte stnd Street Reimagination Project as consideration for 1 and 2 reading. Moved by Councillor Harris, seconded by Deputy Mayor MacKenzie: By-Number MV-10.1 A By-Law to Amend a By-Law respecting the Traffic on Streets in the City of Saint John be amended to remove any existing on-street parking on the west side of Charlotte Street between Union Street and Broad Street, and to change the direction of traffic flow between Duke Street and St. James Street from two-way traffic flow to one-way traffic flow in the southerly direction, to allow for the installation of a southbound bike lane on the west side of Charlotte Street as part of the Charlotte Street Reimagination Project, be read a first time. 4 COMMON COUNCIL / CONSEIL COMMUNAL October 30, 2023 / le 30 octobre 2023 MOTION CARRIED. Read a first time by title, the by-By-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. Moved by Councillor Hickey, seconded by Deputy Mayor MacKenzie: -Number MV-10.1 A By-Law to Amend a By-Law amended to remove any existing on-street parking on the west side of Charlotte Street between Union Street and Broad Street, and to change the direction of traffic flow between Duke Street and St. James Street from two-way traffic flow to one-way traffic flow in the southerly direction, to allow for the installation of a southbound bike lane on the west side of Charlotte Street as part of the Charlotte Street Reimagination Project, be read a second time. MOTION CARRIED. Read a second time by title, the by-By-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. Moved by Councillor Stewart, seconded by Councillor Lowe: -Number L.G.-8 A By-Law to Amend a By-Law respecting the Regulation of Parking be amended to remove any existing on-street parking on the west side of Charlotte Street between Union Street and Broad Street, and to change the direction of traffic flow between Duke Street and St. James Street from two-way traffic flow to one-way traffic flow in the southerly direction, to allow for the installation of a southbound bike lane on the west side of Charlotte Street as part of the Charlotte Street Reimagination Project, be read a first time. MOTION CARRIED. Read a first time by title, the by-By-Number L.G.-8 A By-Law to Amend a By- Law respecting the Regulation of Parking in the City of Saint John and amendments thereto Moved by Councillor Stewart, seconded by Councillor Harris: -Number L.G.-8 A By-Law to Amend a By-Law respecting the Regulation of Parking be amended to remove any existing on-street parking on the west side of Charlotte Street between Union Street and Broad Street, and to change the direction of traffic flow between Duke Street and St. James Street from two-way traffic flow to one-way traffic flow in the southerly direction, to allow for the installation of a southbound bike lane on the west side of Charlotte Street as part of the Charlotte Street Reimagination Project, be read a second time. MOTION CARRIED. 5 COMMON COUNCIL / CONSEIL COMMUNAL October 30, 2023 / le 30 octobre 2023 Read a second time by title, the by-By-Number L.G.-8 A By-Law to Amend a By-Law respecting the Regulation of Parking in the City of Saint John and amendments thereto 11. Submissions by Council Members 12. Business Matters Municipal Officers 12.1 Council Members Discretionary Community Fund The CAO recommended the item be deferred for development of a robust Standard Operating Procedure (SOP) for management of the proposed fund. Moved by Deputy Mayor MacKenzie, seconded by Councillor Lowe: RESOLVED that the Council Members Discretionary Community Fund report be deferred for development of a robust Standard Operating Procedure and brought back for consideration at a forthcoming meeting this year. MOTION CARRIED. 13. Committee Reports 13.1 Civic Commemoration Committee: Naming of Public Space in and around Fundy Quay Moved by Councillor Hickey, seconded by Councillor Lowe: RESOLVED that as recommended in the submitted report M&C 2023-236: Naming of Public Space in and around Fundy Quay, the Civic Commemoration Committee recommends Common Council: -ring Space) as the commemorative designation for the redeveloped public space in and around Fundy Quay; and, 2. Direct the Chief Administrative Officer to facilitate the launch of this name through communications and wayfaring signage in this area. MOTION CARRIED. 13.2 Finance Committee: Revised 2024 General Fund and Utility Fund Capital Budgets Moved by Councillor Sullivan, seconded by Councillor Harris: RESOLVED that as recommended in the submitted report M&C 2023-238: Revised 2024 General Fund and Utility Fund Capital Budgets, the Finance Committee recommends Common Council: 1. Approve the revised 2024 General Fund Capital Budget in the amount of $33,253,193 (gross) with contributions from other sources of $19,005,526, yielding a net Capital budget in the amount of $14,247,667 to be funded by debt issue of $7,94,667 and $6,300,000 in Capital from Operating as set in Appendix A; and, 6 COMMON COUNCIL / CONSEIL COMMUNAL October 30, 2023 / le 30 octobre 2023 2. Approve the revised 2024 Water and Sewerage Utility Fund Capital Budget in the amount of $11,452,048 (gross) with contributions from other sources of $5,911,292 yielding a net capital budget in the amount of $5,540,756 to be funded by pay as you go (net) as set in Appendix B. In addition, a $800,000 addition is to be added to the MOTION CARRIED. 13.3 Public Safety Committee: Municipal Emergency Response Plan (MERP) 2023 Revision Moved by Councillor Hickey, seconded by Councillor Lowe: RESOLVED that as recommended by the Public Safety Committee in the submitted report M&C 2023-240: Municipal Emergency Response Plan (MERP) 2023 Revision, Common Council: 1. Adopt the revised Municipal Emergency Response Plan (MERP) attached to this report which was reviewed in accordance with the Emergency Measures Act of the Province of New Brunswick and the Saint John Emergency Measures By-Law; and 2. Direct the CAO to incorporate feedback provided by the Medical Officer of Health for the South Region, Dr. Kimberly Barker at the Public Safety Committee meeting of October 25, 2023, and that staff make further modifications to the Municipal Emergency Response Plan (MERP) as appropriate and report back to Public Safety Committee at its next scheduled meeting with a further revised MERP. MOTION CARRIED. 13.4 Public Safety Committee: Fire Service Review Moved by Councillor Hickey, seconded by Councillor Stewart: RESOLVED that as recommended by the Public Safety Committee in the submitted presentation entitled Fire Service Review, Common Council: 1. Receive and file the verbal update on the Fire Service Review and report cA 15-Year Strategy for the City of Saint John Fire ; and, 2. Direct the Chief Administrative Officer (CAO) to establish a team to complete the 15-Year Fire Service Strategy including any additional analysis required to finalize recommendations and to plan for implementation. MOTION CARRIED. 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 15.1 Compliance with Approval to Operate (Recommendation: Receive for Information) 7 COMMON COUNCIL / CONSEIL COMMUNAL October 30, 2023 / le 30 octobre 2023 Moved by Deputy Mayor MacKenzie, seconded by Councillor Stewart: RESOLVED that the letter from Fundy Regional Service Commission regarding the Full information. MOTION CARRIED. 15.2 Dyslexia Support New Brunswick: Letter of Support (Recommendation: Send letter of support to Canadian Government and United Nations to declare October 8 as World Dyslexia Day) Moved by Deputy Mayor MacKenzie, seconded by Councillor Stewart: RESOLVED that as requested by Dyslexia Support New Brunswick, a letter of support be sent to the Canadian Government and United Nations requesting that October 8 be declared World Dyslexia Day. MOTION CARRIED. 15.3 We Believe Letter Request for Funding Moved by Deputy Mayor MacKenzie, seconded by Councillor Hickey: RESOLVED that the letter from We Believe - Request for Funding be referred to the Growth Committee. MOTION CARRIED. 16. Supplemental Agenda 16.1 Housing Accelerator Fund Best Practices The City Clerk gave procedural advice, stating the motion may be read into the record, however due to inadequate members present (7 members present) to provide the required quorum for a 2/3 majority of the whole vote (8 members) the matter cannot be voted on. Councillor Hickey read the following motion into the record: That council direct the CAO to review the Top 10 Housing Accelerator Fund best practices with urgency. Further, that the COA be directed to deliver a report detailing action and steps that will be taken in order to address each of the ten items to support the City of using Accelerator Application at the next meeting of council. 17. Committee of the Whole 17.1 Purchase and Sale Agreement Cherry Brook Zoo Moved by Councillor Lowe, seconded by Deputy Mayor MacKenzie: RESOLVED that the City enter into an Agreement of Purchase and Sale generally in the form as presented to Committee of the Whole at is meeting held October 30, 2023, with 647012 N.B. Ltd. for the sale of a portion of the lands formerly comprising the Cherry 8 COMMON COUNCIL / CONSEIL COMMUNAL October 30, 2023 / le 30 octobre 2023 Brook Zoo, and that the Mayor and City Clerk be authorized to execute the said agreement of Purchase and Sale and any other documents necessary to effect the transaction. MOTION CARRIED. 17.2 Labour and Employment Matter Moved by Deputy Mayor MacKenzie, seconded by Councillor Stewart: RESOLVED that management and professional staff be compensated at straight time at their regular wage rate or granted lieu time for all hours worked beyond 35 and up to 40 regular weekly hours to support business continuity throughout the duration of the CUPE Local 486 strike. MOTION CARRIED with Councillor Harris voting nay. 18. Adjournment Moved by Councillor Lowe seconded by Councillor Stewart: RESOLVED that the meeting of Common Council held on October 30, 2023, be adjourned. MOTION CARRIED. The Mayor declared the meeting adjourned at 7:33 p.m. 9 COMMON COUNCIL REPORT M&C No.2023-242 Report DateNovember 10, 2023 Meeting DateNovember 14, 2023 Service AreaGrowth and Community Services HerWorship Mayor Donna NoadeReardonandMembers of Common Council SUBJECT: Housing Accelerator Fund Letter to Honourable Minister Fraser OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Acting Chief Acting Vice Chair AuthorCommissioner/Dept. Administrative of Growth HeadOfficerCommittee Andrew ReidAmy Poffenroth/David J. Brent Deputy Mayor DobbelsteynMcGovernMacKenzie RECOMMENDATION That Common Council authorize the Mayor to submit a letter, generally as presentedin MC 2023-242,to the Minister of Housing, Infrastructure and Communities. EXECUTIVE SUMMARY On October 23, 2023, the Minister of Housing called upon municipalitiesto be ambitious in their applicationfor the Housing Accelerator Fund (HAF)and released a list of top ten best practicesfrom successful HAF applications.At st meeting, staffreviewed the recent statement and top ten list with Committeeand discussed how providing additional details on City Initiative 8 Zoning By-law Reform could help advance the City of Saint John HAF Applicationthat was submitted on August 3, 2023. Based on the communiques between the Minister of Housing and municipalities that have been approved for HAF funding, ending exclusionary zoning has emerged as a key issue and the common denominator for municipalities that have successfully entered into an agreement with Canada Mortgage Housing Corporation (CMHC) for the HAF. In relation to Saint John, ending exclusionary zoning generally means permitting up to four dwelling units as of right in low density residential zones. The purpose of this report isfirst,to notify Common Council of the status of the andsecond,to recommend submissionof a letter to the - 2 - Minister meets with the 10 Housing Accelerator Fund best practices. No formal amendment or resubmission of the HAF application is necessary. PREVIOUS RESOLUTION On October 31, 2023, Growth Committee recommended that Common Council resolve to submit a letter to the Minister of Housing, Infrastructure and Housing Accelerator Fund application will pertain to the 10 best practices released, with special regard to ending exclusionary zoning. On July 10, 2023, Common Council resolved that as recommended by the Committee of the Whole, direct staff to submit a City of Saint John Housing Accelerator Fund application to Canada Mortgage Housing Corporation (CMHC) generally in the form as presented to the Committee of the While and subject to attestation by the Chief Financial Officer. REPORT Housing Accelerator Fund (HAF) application on August 3, 2023. The application is currently marked under review and staff continue to await the results of the $14M funding application request that would generate an estimated 438 units over 3 years. Seven municipalities that appear to have been part of a cohort of larger cities prioritized for funding in advance have so far reached agreements with CMHC. One prominent and shared action undertaken by each of the successful municipalities has been a commitment to permit up to four units within low density residential neighbourhoods. This action is intended to end the practice of exclusionary zoning. Exclusionary zoning is defined as land use regulations that explicitly or implicitly prevent certain income levels, races, or ethnicities from buying homes in specific neighbourhoods. In the Canadian context, exclusionary zoning is most often equated with zoning that only permits single family homes (i.e. One-Unit Residential, or R1). On October 23, 2023, the Minister of Housing provided an update on the Housing Accelerator Fund, noting that 540 applications were received. The Minister noted that over the coming weeks, applications for smaller to medium sized cities and rural areas would begin to be processed. Coinciding with the HAF update was the release of a list of top ten best practices. Staff reviewed the top ten best practices and found many symmetries to the submitted City of Saint John HAF application. This list is summarized below: - 3 - 10 Housing Accelerator Fund Best Practices City of Saint John Application (CMHC) 1. End exclusionary zoning Initiative 6 Zoning By-law Reform 2. Make municipally owned lands available for Initiative 5 Leverage Public Lands housing 3. Increase process efficiency and speed up Initiative 7 E-permitting approvals 4. Prioritized/enhanced development approval Initiative 2 Housing Concierge for purpose-built process for rental and affordable housing rentals and Initiative 4 Capitalize Affordable Housing 5. Comprehensive review of development Initiative 4 Capitalize Affordable Housing charges and fee schedules 6. Reduce or eliminate parking standards Initiative 6 Zoning By-law Reform 7. Eliminate restrictions related to height, Initiative 6 Zoning By-law Reform setbacks, floor area 8. Development Affordable Housing Initiative 1 North End Secondary Plan Community Improvement Plans 9. Design and implement guidelines/pre-Initiative 3 Unlock Gentle Density approved building plans for missing middle 10. Develop grant programs for missing middle, Initiative 2 Housing Concierge for purpose-built row homes, purpose built rentals, and rentals, Initiative 3 Gentle Density, and Initiative 4 innovative forms Capitalize Affordable Housing Staff has recommended four areas of clarification related to exclusionary zoning. The City of Saint John HAF Plan currently Zoning By--density R1 zones, and reducing The letter attached to this report proposes this initiative and is further explained as follows: Ending exclusionary zoning by increasing the maximum number of units permitted as of right in all urban residential zones to 4 units. Furthermore, within intensification areas currently zoned for low density, the maximum will be increased to 6 units, Permitting garden suites and secondary suites as of right within all residential zones, Increasing maximum height allowances in Mid-Rise Residential zone from 14 metres (4 storeys) to a maximum of 18 metres (6 storeys); and, Further densification through the lens of proximity to existing post- secondary institutions with emphasis on the primary corridors identified in the Municipal Plan. These clarifications related to Zoning By-law reform have been reviewed with planning and infrastructure staff. Should the City be successful in its application and funding be received, staff would action Initiative 6 Zoning By-law Reform, including the required public input and legislative approval process. Should the above changes be enacted at the conclusion of such process, it is generally expected to result in increased efficiencies due to fewer planning applications - 4 - required for variances and rezonings. In turn, greater expediency and less risk could be expected for developers seeking a modest increase to density within low density residential neighbourhoods. STRATEGIC ALIGNMENT Common Council has established five priorities for their 2021-2026 term. Urban Development Incentives align with the following Council Priorities, in addition to the goals of the Central Peninsula Secondary Plan. To fulfill growth goals, a commensurate level of new housing supply will need to be created at a rate that is not currently being provided. Grow: Population Growth - term. Economic Growth - Achieve 3% annual property tax base growth and ongoing work to increase the target. Belong: Livable Neighbourhoods - Facilitate a mix of affordable housing in all of our neighbourhoods. SERVICE AND FINANCIAL OUTCOMES No changes have been proposed to the already submitted HAF Application and Plan to CMHC. The application submitted requested a total of $14 million from CMHC to implement the Plan. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The report has been reviewed by Community Planning and Infrastructure for input on preliminary implications of implementing the actions articulated in the letter. Prior to finalization of the HAF Plan, staff would return to Common Council for final approval of any contribution agreement offered from CMHC. ATTACHMENTS Attachment 1 Letter to Honourable Minister Fraser Attachment 2 10 Housing Accelerator Fund Best Practices (CMHC) 10 Housing Accelerator Fund Best Practices City of Saint John Application (CMHC) 1. End exclusionary zoning Initiative 6 Zoning By-law Reform 2. Make municipally owned lands available for Initiative 5 Leverage Public Lands housing 3. Increase process efficiency and speed up Initiative 7 E-permitting approvals 4. Prioritized/enhanced development approval Initiative 2 Housing Concierge for purpose-built process for rental and affordable housing rentals and Initiative 4 Capitalize Affordable Housing 5. Comprehensive review of development Initiative 4 Capitalize Affordable Housing charges and fee schedules 6. Reduce or eliminate parking standards Initiative 6 Zoning By-law Reform 7. Eliminate restrictions related to height, Initiative 6 Zoning By-law Reform setbacks, floor area 8. Development Affordable Housing Initiative 1 North End Secondary Plan Community Improvement Plans 9. Design and implement guidelines/pre-Initiative 3 Unlock Gentle Density approved building plans for missing middle 10. Develop grant programs for missing middle, Initiative 2 Housing Concierge for purpose-built row homes, purpose-built rentals, and rentals, Initiative 3 Gentle Density, and Initiative 4 innovative forms Capitalize Affordable Housing COMMON COUNCIL REPORT M&C No.2023-243 Report DateNovember 09, 2023 Meeting DateNovember 14, 2023 Service AreaGrowth and Community Services HerWorship Mayor Donna NoadeReardonandMembers of Common Council SUBJECT: 27 Cliff StreetAdministrative removal of conditions AUTHORIZATION Primary AuthorActing Commissioner/Dept. HeadChief Administrative Officer Andrew ReidAmy Poffenroth/David J. Brent McGovern Dobbelsteyn RECOMMENDATION That the Council resolution dated October 18, 2021, adopting section 59 conditions registered against PID 55226725 as document number 41934119 in the land registration office be removed from said PID 55226725 as the portion of the said PID 55226725 to which this resolution was to apply has been subdivided and added to PID 55239537 (against which the resolution is properly registered); and that the Mayor and Clerk be authorized to execute any documents necessary to effect this resolution. EXECUTIVE SUMMARY The purpose of this report is to recommend the removal of conditions registered onat the time of the Steepleview Development rezoning. The conditions are not applicable due tosubdivision of propertythat consolidated the portion to which they applied with the Steepleview Development site. The issue will be mitigated in the future by requiring an applicant to either indicate on their tentativesubdivision plan or provide a sketch that clearly delineates the portion of the parcel to which conditions would apply. PREVIOUS RESOLUTION On October 18, 2021, Common Council rezoned property located at 31 Cliff Street and imposed Section 59 conditionson PID Number 55221071 and a portion of PID Numbers00014621and 55226724. Approval of the rezoning supported the Steepleview development, a 56-unit multi-residential building and day care. - 2 - On June 13, 2016, Common Council rezoned the property located at 27 Cliff Street (PID Numbers 00015602 and 55012074) Major Community Facility (CFM) to Urban Centre Residential (RC). REPORT The north block face of Cliff Street has long been held by the Roman Catholic Bishop of Saint John and included the Convent, and other buildings and associated with the Sisters of Charity. Over the past decade, various redevelopments have been proposed on portions of the block, including the former school site and vacant lot. The issue which this report seeks to resolve is the timely administrative removal of section 59 conditions from in support of the Steepleview development project. The following timeline of events explains the situation. On October 18, 2021, Section 59 conditions (Attachment 1) were imposed on the following three parcels: PID Number 55221071, a portion of 00014621 and a portion of 55226724. The PIDs are denoted on a tentative plan of subdivision that was submitted with the rezoning application for Steepleview Development (Attachment 2). On October 28, 2021, the Section 59 conditions were registered on all three PIDs. Condition (b) was registered as a site servicing condition that required the developer to design and install separated sanitary and storm (PID 55226724). The three catch basins are identified on Attachment 3 as Object ID 225134/225135 and 225136. On November 16, 2021, the Development Officer approved the final plan of subdivision. On November 18, 2021, the final plan of subdivision was registered with Service New Brunswick that consolidated the three subject parcels into PID 55239537. No changes were noted between the tentative and final plan of subdivision. On December 29, 2021, PID 55239537 was transferred from the Roman Catholic Bishop to Steepleview Developments Inc. With the consolidation of the three parcels, there became no reason for the conditions to remain (PID 55226724). This is clear when comparing Attachment 3, which illustrates the location of the catch basins, and Attachment 2, which illustrates the consolidation of parcels into one site for the Steepleview project. It is protocol for Community Planning staff to register any conditions prior to approving a tentative subdivision plan to ensure the conditions carry with the property should any subdivision occur. In this case, however, the conditions should not have been carried forward beyond the portion to which they applied. - 3 - Since learning of the situation, General Counsel and planning staff have investigated the most expedient means for removal of the conditions, including administrative removal by the Registrar. Staff will take into consideration measures to prevent this type of situation in the future by requiring applicants to either indicate on submission of the tentative subdivision plan any portion subject to conditions or submit a sketch. Staff will also take into consideration greater means to identify the area identified as a portion in crafting the language of the conditions. Having either a sketch, subdivision, or greater textual clarity in the resolution will mean this situation should not arise again in the future. STRATEGIC ALIGNMENT Common Council has established five priorities for their 2021-2026 term. Removing the conditions will help contribute to the important redevelopment of the Cliff Street block in the Waterloo Village neighbourhood. Grow: Population Growth - term. Economic Growth - Achieve 3% annual property tax base growth and ongoing work to increase the target. Belong: Livable Neighbourhoods - Facilitate a mix of affordable housing in all of our neighbourhoods. SERVICE AND FINANCIAL OUTCOMES Removal of the conditions will assist the property owner with arranging for the sale of property was listed for sale on MLS earlier this year but has since been removed. Sale and redevelopment of the property would generate new property tax revenue, in addition to many other positive neighbourhood outcomes. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Infrastructure has confirmed that there is no reason for PID 55226724 to have the conditions attached pertaining to the three catch basins. Input on this report, including the formulation of the recommendation has been provided by General Counsel. The recommendation does not propose the conditions be rescinded or amended but rather removed from the title of a - 4 - parcel of land on which they were not intended to apply. The conditions will remain registered on the remaining two parcels, in addition to the new PID 55239537. ATTACHMENTS Attachment 1 Section 59 Conditions imposed on October 18, 2021 Attachment 2 Tentative Plan of Subdivision Attachment 3 Catch Basins illustrated in September 22, 2021 Staff Report /h…b/L\[w9thw M&C No.2023-246 Report DateNovember 08, 2023 Meeting DateNovember 14, 2023 Service AreaPublic Works & Transportation HerWorship Mayor Donna ReardonandMembers of Common Council SUBJECT: HeatherWay Resurfacing/Reconstruction OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary AuthorCommissioner/Dept.HeadChief Administrative Officer Michael HugenholtzMichaelHugenholtzJ. Brent McGovern 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 2023-246. 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. A variation of this reportwas pulled from the agenda in early 2022 in an attempt to scale back the cost of some of the options presented. Staff are now recommending that resurfacing of both lanes proceed, and that one lane in each direction be repurposed for active transportation. REPORT .ğĭƉŭƩƚǒƓķ 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 medianand 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 - 2 - including commercial driveways and anchored by the University and Regional Hospital. In 2021 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. tǒĬƌźĭ /ƚƓƭǒƌƷğƷźƚƓ City staff held a virtual community meeting on June 30, 2021 to solicit feedback from the local residents on potential options for re-imaging this street. Only five community members participated in the meeting. The virtual meeting was also community members providing feedback via e-mail. The meeting included a presentation by City staff where context and a series of potential options for discussion and feedback. During the community meeting there was no 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. - 3 - 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. hƦƷźƚƓƭ /ƚƓƭźķĻƩĻķ 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 $630,000 based on updated pricing. 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. The presence of bike lanes will also have a traffic calming effect by reducing vehicle lanes from two to one in each direction. One Side of Road: this option would see all vehicle traffic moved to one side of the existing median, with the other side being turned into greenspace. The scope of work would include: Removal of existing asphalt, curbs, and catch basins on one side of the median Adjust manholes, valve boxes and other structures to new elevation Place new topsoil and hydroseed Adjust catchbasin locations, construct new curb at location of cross streets This option would require a one-time investment of $1.3 million. This is reflective of the high tender prices received in recent construction tenders. There would be savings from having to resurface the asphalt on two lanes: approximately $315,000 every 15-20 years. Assuming that basic mowing would be demanded by the neighbhourhood, an ğƦƦƩƚǣźƒğƷĻƌǤ equivalent amount would have to be spent on maintenance of the additional greenspace. This option would make sense if reconstruction is required based on asset management (this is typically after several cycles of resurfacing). We do not anticipate the need for full reconstruction for another 50 years or so. Proceeding with reconstruction at this time would mean disposal of assets that would otherwise have lots of remaining service life. It would also change the amount of discretionary capital that would otherwise be available to support parks or active transportation investments that are aligned with our strategic plans (i.e. Play SJ, Move SJ) and our ten-year capital plan. Although cycling lanes are not specifically called for along this stretch of roadway, Council has clearly been supportive of more investments into active - 4 - 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 priority of: aƚǝĻ by enhancing active transportation options SERVICE AND FINANCIAL OUTCOMES The resurfacing of Heather Way will be done as part of our annual street resurfacing program which is jointly funded through our 2024 General Capital Budget and the 2024 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 DƩƚǞƷŷ ε /ƚƒƒǒƓźƷǤ {ĻƩǝźĭĻƭ were consulted as part of this work and are in support of the recommendations. /haahb /h…b/L\[w9thw M&C No.2023-239 Report DateOctober 26, 2023 Meeting DateN ovember 14, 2023 Service AreaUtilities and Infrastructure Services HerWorship Mayor Donna Noade ReardonandMembers of Common Council SUBJECT: 9ƓǝźƩƚƓƒĻƓƷğƌ ƩǒƭƷ CǒƓķ \[ĻƷƷĻƩ ƚŅ hŅŅĻƩͲ wĻʹ /źƷǤ ƚŅ {ğźƓƷ WƚŷƓ D…5L {ƷĻƦ Ћ OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary AuthorCommissioner/Dept. HeadCity Manager PierreLeBlancIan Fogan/ Kendall J. Brent McGovern Mason RECOMMENDATION RESOLVED that the City enter into an EnvironmentalTrust Fund Letter of Offer with the Department of Environment and Local Government for the project titled City of Saint John GUDI Step 22023-239; and that the Mayor and CityClerk be authorized to execute said Offer and any documents ancillary thereto. EXECUTIVE SUMMARY The purpose of this report is to recommend that the Mayor and CityClerk be authorized to sign the attached Environmental Trust Fund Letter of Offer forthe City of Saint John GUDIStep 2 PREVIOUS RESOLUTIONS November 14, 2022: M&C 2022-3402023Utility Fund Operating Budget, approved. February 07, 2022: M&C 2022-037 Environmental Trust Fund Letter of Offer, Re: GUDI Assessment for South Bay Wellfield-3 wells. February 06, 2023M&C 2023-26EnvironmentalTrust fund Letter of Offer, Re: Step2GUDI Assessment for South BayWellfield-3wells - 2 - REPORT The City of Saint John operates 3 production wells as part of the South Bay Wellfield. Water quality from all three production wells are regularly tested and this water quality data is submitted to the New Brunswick Department of Environment and Local Government (NBDELG), as per the requirements of the Potable Water Regulation under the Clean Water Act. Groundwater under the direct influence (GUDI) of surface water refers to groundwater sources where conditions are such that microbial pathogens can travel from nearby surface water to the groundwater source. The NBDELG has developed a protocol to determine whether a groundwater source is GUDI, defined as: " ....... any water beneath the surface of the ground with: geology and well construction; or y rapid shifts in water characteristic such as temperature, turbidity, conductivity, pH, and other parameters which closely correlate with climate or nearby surface waters; or -organisms, algae, organic debris, or micro-organisms including large-diameter pathogens such as Giardia lamblia or Cryptosporidium". The objective of the groundwater source screening is to identify obvious non-GUDI or GUDI wells, and potentially GUDI wells that may require further assessment in the future. This screening includes an on-site inspection to evaluate the physical condition of the source and the source setting (location, land use, etc.), along with a review of available information such as well construction details, well logs, water chemistry and related reports. An analysis completed in 2015 provided a favorable conclusion that the 3 production wells included in the South Bay Well Field are considered non-GUDI. The NBDELG indicated that typically approximately 5 of data is ideal for GUDI assessment, and the re-assessment would now be beneficial as more operational data is now available. This funding from the Environmental Trust Fund would allow Saint John Water to complete the final step of the investigation that was started in 2022. STRATEGIC ALIGNMENT and GREEN as it demonstrates environmental stewardship and leadership by protecting our - 3 - natural environment while also being Financially Responsible by securing 75% funding from other sources. SERVICE AND FINANCIAL OUTCOMES The $7,725 funding allocated through the Environmental Trust Fund is estimated to cover 75% of the cost of the Step 2 GUDI Assessment for South Bay Wellfield with the remaining balance being included in the Saint John Water 2023/2024 operating budgets. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The General Counsel Office has reviewed the Environmental Trust Fund Letter of Offer and the Recommendation of this report. ATTACHMENTS Environmental Trust Fund Letter of Offer Project Title: City of Saint John GUDI Step 2 October 16 ,2023 Pierre MK Leblanc 175 Rothesay Avenue Ave North Saint John, NB E2J 2B4 Sylvie Morton: Subject:Environmental Trust Fund Letter of Offer Project Title:City of Saint John GUDI Step 2 Project No.:230349 Recipient: City of Saint John Award Amount:$7,725 (75% of total expenses) I am pleased to extend this letter of offer to you for the above-mentioned project. The goals of this project are consistent with the Environmental Trust Fund (ETF) Priority Areasand as such will contribute to important environmental objectives. Designated staff within the DepartmentofEnvironment and Local Government (ELG) will be following the project to ensure that the proposed project outcomes are achieved. With respect to your application to the Environmental Trust Fund (ETF), an offer of financial assistance is hereby authorized by the Department of Environment and Local Government, hereafter referred to as the “Department” for the project herein contained subject to the following conditions. For the purposes of this project, the project expenses and criteria are as follows: Eligible Project Expenses and Criteria: must work closely with Department staff - Mallory Gilliss the groundwater well assessments must follow the requirements in the DELG GUDI Protocol.maximum reimbursement for each wellis 75% of eligible expense, up to a maximum of $7,725 Ineligible Project Expenses: In addition to the foregoing, this offer is subject to the following terms and conditions: Page 1 of 3 1. This offer is governed by the laws of the Province of New Brunswick. 2. No contributions shall be made by the Department from the ETF with respect to any costs incurred other than the eligible project costs. The Department may approve eligible costs other than those set out above, but no costs except those specifically approved in writing by the Department will be considered eligible project costs for the purposes of this offer. The total Environmental Trust Fund contribution to the project will not exceed the original Environmental Trust Fund award. 3. No changes shall be made in the scope, specifications and budget of the project without written consent from the Department. 4. Financial claims requesting re-imbursement for expenditures may be submitted as required. Each financial claim must be submitted using the claim portal at the following website: https://www.elgegl.gnb.ca/ETF-FFE/en/Application/Index. Copies of invoices and proof of payment, such as cancelled cheques or bank statements, must be attached in PDF format. 5. A 10% holdback of project funding will be applied until the final report, Priority Area Measures (if applicable) and all financial back-up, including proof of expenditures, have been received by the Department. Expenses incurred after March 31, 2024 will not be reimbursed. 6. The final financial claim must be received by the Department no later than March 31, 2024. 7. A final report must be provided to etf-ffe@gnb.ca by March 31, 2024. The report must include a description of the project, how it was carried out, project outcomes and Priority Area Measure(s) delivered. 8. Any written material developed and printed for public distribution that promotes responsible environmental activities that may have regulatory requirements must be reviewed by the Department prior to publication. 9. In the event of an intentional breach of any of the terms and conditions of this Letter of Offer by the Recipient, no further contributions shall be made by the Department and all previous payments shall be returned to the Department within 30 days of written notification to that effect. 10. The New Brunswick Wordmark and the slogan “Your Environmental Trust Fund at Work” shall be displayed in a prominent location on all documents, signage and other printed media related to the project. The logo can be found at: http://www2.gnb.ca/content/gnb/en/departments/government_services/wordmark_gu idelines.html or phone: (506) 457-4947. 11. The project site shall be accessible to Departmental staff on a continuing basis. Project records shall be made available to the Department for the purposes of auditing the financial records at a time mutually agreed upon. All records must be retained for audit purposes for a period of seven years following final payment on the project. Page 2 of 3 12. The Recipient must receive prior approval for any public announcement concerning the project, from the Department of Environment and Local Government. 13. The Recipient will at all times indemnify and save harmless New Brunswick, its officers, servants, employees, or agents, from and against all actions, whether in contract, tort or otherwise, claims and demands, losses, costs, damages, suits or other proceedings by whomsoever brought or prosecuted in any manner based upon or occasioned by any injury to persons, damage to or loss or destruction of property, economic loss or infringement of rights caused by, in connection with or arising directly or indirectly from this contract, or a project, except to the extent to which such actions, claims, demands, losses, costs, damages, suits or other proceedings relate to the negligence or breach of this Agreement by an officer, servant, employee or agent of New Brunswick in the performance of his or her duties. 14. This offer is to remain open until November 15th, 2023. To indicate your acceptance, please return this Letter of Offer, signed by an authorized person to Lévis Thériault, Department of Environment and Local Government, PO Box 6000, Fredericton, NB E3B 5H1. It is important to note that any form of conditional acceptance of this offer renders the offer null and void. 15. Is your organization eligible to receive an HST rebate from the Canadian Revenue Agency? Yes_____ If yes, recoverable HST percentage:________ No_______ Ejhjubmmz!tjhofe!cz!Kfoojgfs!Xjmljot! Kfoojgfs!Xjmljot Ebuf;!3134/21/27!23;34;69!.14(11( __________________________________________________ Jennifer Wilkins, Assistant Deputy Minister Department of Environment and Local Government This offer accepted this __________ day of _____________ (month) ___________ (year) ____________________________________________ Signature of Recipient _________________________________________________________________________ Name and title of Recipient (please print) ____________________________________________ Signature of witness _________________________________________________________________________ Name and title of witness (please print) Page 3 of 3 SAINT JOHN REGION REGION: JOHN THE SAINT BRAND FORWARD THINKING & .Big Heart Small City, CITY OF SAINT JOHN: COUNCIL NOTICE OF MOTION Received DateOctober 29, 2023 Meeting DateOctober 30, 2023 Open or ClosedOpen Session Her Worship Mayor Donna Noade Reardon and Members of Common Council {….W9/: Top 10 Housing Accelerator Fund Best Practices Primary AuthorInput from CouncilInput from Staff Councillor David Hickey PROPOSED MOTION: Moved that council direct the COA to review the Top 10 Housing Accelerator Fund best practices with urgency. Further, that the COA be directed to deliver a report detailing action and steps that will be taken in order to address each of the ten items to su Accelerator Application at the next meeting of council. BACKGROUND INFORMATION: 1. crisis in this community and focus on supporting our Housing Accelerator Application. 2.r Fund application would support the implementation of our strategies laid out in the Affordable Housing Strategy adopted by council, as well as the measures outlined in our application. This funding is critical to tackling the housing crisis in this community and would show real results in getting more people off the streets and into safe and suitable affordable housing. 3.Solution being proposed: Having staff review and develop a strategy for each of these 10 federal ommitment to ensuring the success of our Housing Accelerator and potential support the creation of more affordable housing with by adopting relevant recommendations from the top 10 list. Top 10 Housing Accelerator Fund best practices 1. End exclusionary zoning a. Stop low-density zoning and regulation that excludes housing types such as affordable and social housing in residential areas. b. Encourage high density by allowing mixed-use development and high-density residential as-of- right within proximity to urban cores and transit corridors. c. This includes adopting by-laws to adopt more as-of-right zoning measures, from the number of units to storeys. 2. Make municipally owned lands available for housing through strategies such as disposition, acquisition and/or pre-development. 3. Increase process efficiency by implementing new technologies or software to speed up development approvals, such as e-permitting. 4. Prioritized/enhanced development approval process for rental and affordable housing. 5. Comprehensive review of development charges and fee schedules including waivers, with a focus on permits associated with affordable housing. 6. Reduce or eliminate parking standards to increase project viability, density and reduce carbon footprint. 7. Eliminate restrictions related to height, setbacks, building floor area and others to allow a greater variety in housing types, including accessory dwelling units. 8. Develop affordable housing community improvement plans or strategies/plans for the rapid deployment of affordable housing. 9. Design and implement guidelines or pre-approved building plans for missing middle housing or specific accessory dwelling unit types such as laneway housing or garden suites. 10. Develop grant programs encouraging the development of housing types that align with the Housing Accelerator Fund such as missing middle, row homes, purpose-built rental and/or that promote new/innovative construction techniques (modular, pre-fab, mass timber construction, etc.). COUNCIL NOTICE OF MOTION Received DateNovember 8, 2023 Meeting DateNovember 14, 2023 Open or ClosedOpen Session Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT: Proposed Amendments totheZoning By-Law andMunicipal Plan Primary AuthorInput from CouncilInput from Staff Councillor Brent Acting Commissioner of HarrisGrowth and Development, AmyPoffenroth PROPOSED MOTION: Resolved that Common Council aligns with emerging best practices around zoning and housing creation by amending our municipal plan and zoning plan to do the following: Allow up to 4 units on single-family homes or duplex lots Allow up to 6 units along rapid transit routes Petition the province to eliminate the requirement for public hearings where neighborhood plans or community plans have alignment with the proposed development Eliminate Parking minimums to allow for developers to decide what level of parking service that is required. Rationalize zoning in Saint John to allow to reduce zone types Change all commercial zoning to high-density mixed use by right BACKGROUND INFORMATION: The City of Saint John is not keeping up with the growth pressures that exist in our community. In 2020 Saint John had 232 housing starts. In 2021: 279, in 2022: 309 and so far in 2023 our yearly to date housing starts is 211. It is clear that the measures we have put in place over the past 2 years are not having the desired outcome. Our hope is to grow our population to 85,000 people by 2033 which means we need between of 600-800 housing starts per year to achieve these goals. In light of our shortcomings it is important that council take the necessary governance action to change course and take more serious measures to achieve these goals. The previous motion from Councillor Hickey fails to provide enough action and advises council to simply study issues that have vehemently been studied. I am proposing that council take leadership and action now in areas that are fully our jurisdiction and on topics that have been fully vetted by experts in Canada. STRATEGIC ALIGNMENT: This aligns with our 10-year strategic plan as well as council priorities to Grow and Belong. It also aligns with previous motions of council. PREVIOUS MOTIONS: 11.1 Discussion on Housing (Councillor Harris) May 02, 2022. RESOLVED that: Recognizing the shifting landscape of housing in Saint John and across Canada and recognizing the new provincial and federal initiatives around housing in the past month, Council direct the City Manager to consider our cities alignment with these new programs, funding opportunities, and initiatives to increase the city of Saint John's attractiveness to outside investment. We need to do this to build more affordable and market-rate housing faster. This includes consideration and recommendations from staff to council around the following policy options (but not limited to) suggested by housing experts: -profit & Cooperative housing corporations with "right-of-first-refusal" around apartment sales -density developments around rapid transit and active transportation corridors ax increment financing (TIF) which is typically used for redevelopment or revitalization buildings -transit routes lusionary zoning policy. (In new builds or renovations, we apply the 10/10/10 rule which means 10% of the units must be accessible, 10% must be affordable, and 10% must have 3 bedrooms.) The timeline on this suite of recommendations would be 3-5 months to best prepare for budget 2023 and work plan 2023. MOTION CARRIED UNAMIOUSLY. Municipal Housing Entity Creation, Sept 26,2022 RESOLVED that the City Manager investigate the creation of a Municipal Housing Entity for the City of Saint John to implement the Affordable Housing Action Plan and any other initiative that may address the housing crisis in Saint John. MOTION CARRIES UNAMIOUSLY. BACKGROUND: On May 02, 2022 Council carried my previous motion to send a suite of housing policies to staff for them to consider how/if to implement or adopt these emerging best practices so that Saint John is able to build more units at a faster rate. Now, as of Nov 01, we are seeing municipalities and provinces begin to adopt some of these best practices rapidly. B.C. Housing Minister Ravi Kahlon has introduced legislation aimed at increasing small-scale, multi-unit housing in the province by forcing municipalities to change zoning rules to make it easier to build town homes, multiplexes and laneway houses.Generally, the requirements will allow a minimum of one secondary suite or one laneway home in all single-family or duplex residential zones. Within municipalities of more than 5,000 people, zoning will allow for three to four units in select areas on single-family or duplex lots, depending on lot size. A minimum of six units will be allowed in select areas zoned for larger single-family or duplex residential located close to transit stops with frequent service. "Municipalities covered by the legislation may permit additional density if desired, but cannot have bylaws that allow for fewer permitted units than the provincial legislation," reads a release from the Ministry of Housing. As well, public hearings will be phased out for rezoning applications that fall within official community plans (OCP). The province estimates the initiatives could create 130,000 new, small-scale multi-unit homes over the next decade. (CBC Article by Karin Larsen · CBC News · Posted: Nov 01, 2023) In light of this new information, I would suggest that we take the direction that has already been established by council and have the conversation this evening about moving forward with a similar approach that BC is taking. It is worth mentioning that this is not a policy for Vancouver, it is a British Columbia-wide approach and it demonstrates their willingness to align with the federal government's desires that Minister Sean Fraser has been championing as he rolls out the housing accelerator. These practices are being picked up by dozens of municipalities and entire provinces across Canada and Saint John should ensure we are on the leading edge of these changes to optimize our funding support potential and development attraction potential. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS: Discussions with Amy Poffenroth, PAC Members Matthew Daluz & Anne McShane ATTACHMENTS N/A COMMON COUNCIL REPORT M&C No.2023-241 Report DateNovember 07, 2023 Meeting DateNovember 14, 2023 Service AreaPublic Works and Transportation Services HerWorship Mayor Donna Noade ReardonandMembers of Common Council SUBJECT: Winter ManagementPlan Update AUTHORIZATION Primary AuthorCommissioner/Dept. HeadChief Administrative Officer Michael HugenholtzJ. Brent McGovern RECOMMENDATION It is recommended that Common Council receive and file this report. EXECUTIVE SUMMARY The purpose of this report is to communicatehow the City of Saint John will improve upon, in cooperation with the public, keeping streets and sidewalks clear of snow to specific performance objectivesfor the upcoming 2023-2024 seasonas well as detail some lingering challenges that impact service delivery. Plan at www.saintjohn.ca/winter. PREVIOUS RESOLUTION City staff presented a similar Winter Management Overview prior to the last 2022-2023winter season. REPORT 2022-2023 Winter Season Experience The previous 2022-2023 winter season terms. There were six recordable storms last winter. Only one of the six had a Storm Severity of over 40(measured on a scale of 100). Only one of the six storms occurred less than two weeks after the previous storm, meaning a lot of time was generally provided between storms to meet service objectivesand preparefor the nextstorm. In contrast, four of seven winter storms that occurred in the prior 2021-2022 seasonhad a Storm Severity of over 40 and five of the seven storms occurred less than two weeks after the previous storm. - 2 - Hard work by the Winter Management team and t-2023 winter season allowed performance objectives to be met in most cases. The following two graphs show how well performance objectives were met for clearing streets and sidewalks this past winter. The time and quality based performance objectives for both streets and sidewalks are provided at www.saintjohn.ca/winter and on a fact sheet attached to this report. Although, overall, the vast majority of streets and sidewalks were cleared within the time and quality deliverables of the winter management plan, any result below 100% means motorists or pedestrians that use the corresponding infrastructure would have experienced extended periods of reduced accessibility. In the case of the January 24 storm, 16% of the sidewalks the City services were delayed in the first pass of snow clearing. This January 24 storm was also the most severe storm of the year (a score of 49), which clearly indicates the link between storm severity and ability to meet objectives. Continuous Service Improvements Despite the 2022-2023 winter season, your Winter Management team continued to identify and implement service and efficiency improvements. These improvements were identified or highlighted during mid-storm, post- storm, post-season, or season preparation coordination meetings. Winter - 3 - seasons can and will be more severe than the last one and it is important we continue to be as prepared as possible with available resources. This section of this report summarizes some service improvements planned for the 2023-2024 season: Trial of Weather Stations: Responding to winter storms with the right processes at the right time is critical. Response decisions are made well before the first flake of snow. Responses that end up too robust can result in over-use of resources, such road salt, fuel, labour, and equipment wear. Responses that end up not robust enough can result in dangerous driving or walking conditions and risk of not meeting plan performance objectives. City staff have generally used a variety of weather forecasts tthe best response but these forecasts are sometimes different from each other and not coastal weather. City staff are in the process of procuring (leasing) five wireless, solar powered, and remotely accessed Weather Stations that uses a combination of forecast and on-site measurements (such as road temperature) to predict a better response to winter storms. The lease option will limit financial risk while time is provided to assure the chosen product produces the required results. Keeping Old Plow Trucks to Better Ensure Resource Availability: Six plow trucks that have reached end of useful have been replaced in time for the 2023-2024 season; this alone will better position the City to ensure enough equipment is available to respond to winter storm events. Four of the six plow trucks that are being replaced are believed to have some limited residual life left and are planned to be kept for the upcoming season pending approval of some added maintenance funds in the 2024 General Fund Operating Budget. These four old plow trucks are expected to be used consistently in the upcoming season as down time of equipment is expected to remain greater with continued supply delays on parts. Reliability of these four old plow trucks will be a challenge given they have technically reached the end of their useful life but do improve capability of having enough equipment available. Sidewalk Winging: In certain situations, street plows can push snow not only off the street but off most or all of an adjacent sidewalk as well. This can improve capability to meet sidewalk plowing performance objectives more consistently. This solution also eliminates the accumulation of snow along the curb line between the street and sidewalk (without a subsequent snow removal operation), which improves drainage and accessibility for pedestrians accessing the sidewalks or a Transit bus. Your Winter Management team intends to increase the number of sidewalks winged with a street plow from 11 KM to 15 KM and more subsequent years. Penalties for Pushing Snow onto Streets and Sidewalks: Snow being pushed onto streets or sidewalks from adjacent properties prevents Winter Management performance objectives from being met, increases the cost to taxpayers to overcome it, or both. It is also not legal. In - 4 - addition to continuing to request voluntary compliance from the public, new measures are proposed to increase enforcement tools when it occurs by updating current City by-laws. There is a separate report on this Council meeting agenda with further context and recommendations. Enforcement resources remain a challenge. Parking Restrictions on Streets Too Narrow to Effectively Plow: On- street parking can also cause negative service or cost implications, and also occurs illegally at times during and following storms. In some cases on-street parking restrictions need to be adjusted to assure better success of meeting service objectives, particularly on narrower streets. There is a separate report on this Council meeting agenda with further context and recommendations to restrict on-street parking on certain streets. How Can the Community Help? The community can continue to play a significant role in maintaining a livable and safe city throughout the winter. Remaining informed about our Winter Management Plan at www.saintjohn.ca/winter is important. Planning for additional travel time or re-evaluating the need to travel at all during or immediately following forecasted storms will help. Use of winter tires and proper footwear will provide added traction as streets and sidewalks are going to be slippery at times, particularly while service objectives are being pursued. Collisions at rail crossings spike during the winter months; key messages are available from CN Rail improve safety at rail crossings during winter conditions. other debris will help ensure these are available to protect neighbourhoods if or when the need arises. Property owners are reminded snow from their property is not permitted to be placed onto City streets and sidewalks; this delays our ability to serve you and your neighbours and is a violation of one of our by-laws. The City appreciates some in our community have no or limited off-street parking, or use of off-street parking that is available can be inconvenient. The City has developed over the years, and continue to refine, a comprehensive system of ensuring on-street parking is available when and where needed as much as possible while supporting effective snow clearing efforts that we all also expect. If on-street parking occurs when snow clearing equipment is on a street, in- efficiencies are introduced as equipment needs to return at a different time, or service objectives do not get met for that street. The community can help by following on-street parking regulations for a particular street, parking off-street when overnight parking bans are called, and parking off-street whenever possible. The community can stay informed when parking bans are called. The City provides a wide range of ways citizens are advised of bans; through email notifications, the city website, radio advertisements, and the snow ban line 506-658-4040. Public notification will be posted no later than 3:45 pm the day of the ban. The City - 5 - provides maps identifying where South Central Peninsula lots are located for parking during overnight parking bans. City staff, through our Integrated Customer Service Centre, are available to management plan on our website, however, will assist in understanding expectations of service during and following storms. Patience during more severe storms is requested. Although we are available to interact with the public 24/7, citizens remaining informed will help prevent surges in calls to us during and following storms that may delay or prevent others with a need from reaching us. City staff do not have the ability to divert resources, such as to plow lower priority neighbourhood streets or sidewalks sooner, or to provide enhanced clearing in front of driveways without compromising defined performance objectives or risk costs extend beyond the approved operating budget. Remaining Challenges Although your Winter Management team works to overcome many challenges in an effort to consistently meet performance objectives, several challenges remain nonetheless: Alignment of Community Expectations and Approved Resources: Although your Winter Management Team continues to work on operational efficiencies, ultimately the performance objectives for street and sidewalk plowing are defined annually by the resources approved in the General Fund Operating budgets. In addition, factors, such as the severity and frequency of winter storms, are variable whereas approved resources are not. At times, community expectations are greater than the that affects service delivery. A change in performance objectives, or the ability to overcome variables more consistently, must be met with an associated adjustment in the approved Operating Budget. Available Resources: Aside from the prior-referenced plan to keep four old plow trucks, there is essentially one piece of equipment available for each of the 44 street and sidewalk plow routes. With the exception of where the four old plow trucks unavailable equipment due to the need for repairs means a delay in when streets or sidewalks on a given route are cleared. In a similar way, the human resources available to plow streets and sidewalks and coordinate responses to snow storms are very lean. For 40 hours of 168 hours in a given week during the winter, enough human resources are scheduled to be available to respond to storms. For another 40 hours of the 168 hours in a given week, approximately 2/3 of the human resources required to respond to a storm are available. Additional resources can and do become available - 6 - through the team working beyond regular shifts but there is a limit to how long this can occur feasibly and safely. Similar to equipment, scheduled human resources are unavailable at times for a variety of reasons. With the caveats provided, and understanding storms and the required response can occur at any time, there remains many gaps when resources will be available, compromising ability to meet performance objectives. Ultimately, the ability to meet performance objectives consistently is defined by hard work and service improvements as well as resources approved in the annual General Fund Operating Budget. Provision of ample capacity for team preparedness and training: Preparedness is important to effectively, timely, and consistently respond to winter storms with the variability and severity involved. Although this , individuals that make up this team are the same employees that provide Public Works services the other three seasons of the year (mowing and community cleanliness, asphalt and sidewalk repairs, ditching, painting of crosswalks and traffic lines, traffic safety enhancements, etc.). Provision of more time before the winter season to be more prepared is more important now with lean resource levels but this requires the community to anticipate reduced focus on the other services Public Works provides in the Fall of each year. Currently, the de limits time available for winter season preparedness. Supply chain delays: Unfortunately, global supply chain delays are lingering, which delays in how long it takes to receive parts for plow equipment. These delays ultimately lead to compromised ability to meet performance objectives. Variable Weather: The number and frequency of storms over a winter season and the amount of snow, rain, freezing rain that falls, temperature fluctuations, wind intensity, and duration of each storm are all variables that can significantly impact ability to meet performance objectives. Growing intensity of winter storms with climate change remains a concern. STRATEGIC ALIGNMENT Move by contributing to the re-establishment of safe transportation options following a winter storm event, and Perform by measuring results and continuous improvement of the street and sidewalk snow clearing service. The planned trial of the Weather Stations is expected to contribute to the Strategic Plan target of reducing highway salt usage by 5%. - 7 - SERVICE AND FINANCIAL OUTCOMES Staff is optimistic the service improvements and contingencies introduced for the 2023-2024 winter season, in conjunction with past initiatives, such as live edge plow technology, brine usage, improved salt inventory management, changes to when overnight parking bans are called, enhanced coordination and improved storm and season after-action reviews will allow your Public Works team to maintain a consistent, balanced approach in providing citizens with quality service during the winter months with the resources and equipment available. Success will continue to be monitored this coming season. 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B!nbq!pg!tfswjdfe!tjefxbmlt!bdsptt!Tbjou!Kpio-!bt!xfmm!bt! uif!dpnqmfuf!xjoufs!nbobhfnfou!qmbo-!bsf!bwbjmbcmf!bu!! ebjmz!uispvhipvu!uif!xjoufs!npouit/! tbjoukpio/db xxx/tbjoukpio/db Xjoufs!3133.3134 COMMON COUNCILREPORT M&C No.2023-244 Report DateSeptember 20, 2023 Meeting DateNovember 14, 2023 Service AreaPublic Works and Transportation Services HerWorship Mayor DonnaNoadeReardonandMembers of Common Council SUBJECT: Traffic By-law Amendment AUTHORIZATION Primary AuthorCommissioner/Dept. HeadChief Administrative Office Barb CrawfordMichael Hugenholtz J. Brent McGovern RECOMMENDATION Common Council authorize 1stand 2ndReadings of the Amendment to the Traffic By-law, By-law Number MV-10.1,in the form attached toM&C 2023-244. EXECUTIVE SUMMARY It has become necessary to impose parking restrictions on certain streets to aid in snow removal operations during winter months. Snow accumulation in urban areas often poses challenges to effective snow removal operations. Restricting parking on select streets is a step toward ensuring the safety and accessibility of these areas during the winterseason. PREVIOUS RESOLUTION N/A REPORT Traffic By-Law establishes standards to regulate the circulation, standing or parking of vehicles in the City of Saint John. One such mechanism in this by-law is theability to limit on street parking in certain areas. Winter weather conditions have become increasingly unpredictable and intense. Accumulated snow and ice can create numerous hazards including limited visibility, slippery road conditions and obstruction of emergency and service vehicles. In many urban areas, parking on street intensifiesthese issues and hinders snow plowingand removal efforts. - 2 - It's proposed that an amendment to the Traffic By-law be approved to limit parking on a number of streets to one side only. This will improve access for solid waste collection, emergency and service vehicles as well as snow removal efforts in the winter months. The streets selected for inclusion in this by-law amendment have been reviewed based on discussion with snow plow operators and with consideration for efficient snow removal operations. It has been established that these streets are wide enough to permit parking on one side while still allowing for effective and unimpeded snow removal during winter months. STRATEGIC ALIGNMENT The proposed By-law y of PERFORM. PERFORM: We value the best use of our resources. SERVICE AND FINANCIAL OUTCOMES The proposed by-law amendment is not expected to generate revenue, but to promote compliance with the by-law by managing on street parking. When residents follow the conditions set out in the by-law, it reduces the need for the City to allocate resources for additional removal efforts, such as revisiting sites where snow removal efforts were unsuccessful. This translates to operational efficiency and reduced expenses. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS proposed amendment. ATTACHMENTS Amendment to the Traffic By-law, By-law Number MV-10.1 A BY-LAW TO AMEND A BY-LAW RESPECTING THE TRAFFIC ON STREETS RELATIF À LA CIRCULATION DANS LES IN THE CITY OF SAINT JOHN, BY-LAW RUES DE THE CITY OF SAINT JOHN, NUMBER MV-10.1, AND AMENDMENTS ARRÊTÉ NUMÉRO MV-10.1, ET THERETO MODIFICATIONS AFFÉRENTES Be it enacted by the Common Council of The City of Saint John as follows: The City of Saint John a décrété ce qui suit : A By-law of The City of Saint John entitled A By-law respecting the Traffic on Streets in The Saint John intitulé « Arrêté relatif à la circulation City of Saint John, By-law Number MV- and dans les rues de The City of Saint John, Arrêté th amendments thereto, enacted on the 7 day of numéro MV-10.1 » et modifications afférentes, e October, A.D. 2019, is hereby amended as follows: décrété le 7 2019, est modifié comme suit : 1. No Parking Anytime is 1. B » Interdiction de stationner amended by adding the following words under the en tout temps est modifié par des mots following headings: suivants sous les titres suivants : Street Side Limits Rue Côté Limites Celebration South Entire length rue sud sur toute sa longeur Street Celebration Christopher East Entire length cour est sur toute sa longeur Court Christopher Polaris Court West Entire length cour Polaris ouest sur toute sa longeur Spring Street West Entire length rue Spring ouest sur toute sa longeur St. Paul Street West Entire length rue St. Paul ouest sur toute sa longeur 2. G Alternate Side Parking is 2. G » Stationnement en amended by removing the following words under alternance est modifié par la suppression des mots the following headings: suivants sous les titres suivants : Street Limits Rue Limites Spring Street Winter Street to Northerly rue Spring de la rue Winter à son end extrémité nord IN WITNESS WHEREOF The City of Saint John EN FOI DE QUOI, The City of Saint John a fait has caused the Corporate Common Seal of the said apposer son sceau municipal sur le présent arrêté le City to be affixed to this by-law the ____ day of ______________ 2023, avec les signatures _________, A.D., 2023 signed by: suivantes : ______________________________________ Mayor / maire ______________________________________ City Clerk / greffier de la municipalité First Reading - Première lecture - Second Reading - Deuxième lecture - Third Reading - Troisième lecture - COMMON COUNCIL REPORT M&C No.2023-245 Report DateOctober 16, 2023 Meeting DateNovember 14, 2023 Service AreaPublic Works and Transportation Services HerWorship Mayor Donna Noade ReardonandMembers of Common Council SUBJECT: A By-law Respecting Clearance and Removal of Snow and Ice from the Public Streets in the City of Saint John AUTHORIZATION Primary AuthorCommissioner/Dept. HeadChief Administrative Officer Barb CrawfordMichael Hugenholtz / Tim J. Brent McGovern RECOMMENDATION Common Council authorize 1st and 2nd Readings of the Snow Removal By-law, By-lawNumber LG-22, in the form attached to M&C 2023- 245. EXECUTIVE SUMMARY City staff are continuously looking for improvement opportunities as it relates to delivery of public services andproviding clarity and predictability tocitizensthat utilize the right-of-way. This report seeks endorsement of Common Council to repeal and replace the Snow Removal By-law. The By-law amendment clarifies requirements for citizens as it relates to removal of ice and snow and the public right-of-way and includes provision forAdministrative Penalties. Prior to this amendment, standard conditions for removal of ice and snow were shared between the Snow Removal By-law and the By-law respecting Public Streetsin the City of Saint John and to Prevent Certain Nuisances in the said City (the Public Streets By-law). PREVIOUS RESOLUTION N/A REPORT Snow and ice removal within the City is a major function of the Public Works & Transportation Services(Public Works) departmentduring the winter months. Public Works staff plow over 1150lane kilometers of roadway and 225 kilometers of sidewalk. - 2 - Returning to various streets and sidewalks to remove snow and ice placed within the right-of-way by residents, contractors and agents is a costly endeavor that poses a financial challenge for our city. The expenses associated with additional snow and ice removal are substantial and include labor, equipment and material costs. Repeat operations are not included in the Public Works budget. Removal of snow and ice placed within the right of way diverts resources from other essential services and projects. Frequent return trips for snow removal can disrupt the city's regular operations, leading to inefficiencies in resource allocation and reduced service quality in other areas. Beside cost implications, pushing snow and ice onto the right of way delays or can event prevent Public Works staff from achieving performance objectives laid out in the Winter Management Plan. As we face budget constraints and competing demands on our financial resources, it becomes increasingly difficult to justify the expense of addressing snow and ice issues created by external parties. The amendment before Common Council includes provision for Administrative Penalties should a person be found in violation of the proposed by-law. Administrative Penalties play an important role in this by-law, serving as an enforcement mechanism to promote compliance with snow and ice removal conditions. STRATEGIC ALIGNMENT The proposed By-law aligns with y of PERFORM. PERFORM: We value the best use of our resources. SERVICE AND FINANCIAL OUTCOMES The introduction of Administrative Penalties for the Snow Removal By-law is not expected to generate net revenue, but to promote compliance with the By-law by deterring -of-way. Effective enforcement through administrative penalties can lead to cost savings. When property owners and contractors follow the conditions set out in the By- law, it reduces the need for the City to allocate resources for additional removal efforts, such as revisiting sites where violations occur. This translates to operational efficiency and reduced expenses. At this time, there is limited by-law enforcement resources. Enforcement of this by-law will be taken on by Public Works Operations Managers in addition to their regular duties. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The attached By-Law was reviewed the Csel. - 3 - Issuing and management of Administrative Penalties will be done by the Public Works Operations Managers. Items related to coordination and administration of permits and fees were reviewed with Customer Service & Operations. ATTACHMENTS By-law LG-22 - A By-law Respecting Clearance and Removal of Snow and Ice from the Public Streets in the City of Saint John Example Administrative Penalty Notice Form 1 PENALTY NOTICE (Local Governance Act, S.N.B. 2017, c.18, s.157) Formule 1 AVIS DE PÉNALITÉ (Loi sur la gouvernance locale, L.N.-B. 2017, ch. 18, art. 157) PENALTY NOTICE SIDE 1 AVIS DE PÉNALITÉ RECTO Issued To / Destinataire: SURNAME OR CORPORATE NAME / NOM DE FAMILLE OU RAISON BIRTHDATE (optional) / DATE DE ADDRESS / ADRESSE SOCIALE NAISSANCE (facultatif) Y/A M/M D/ J LICENCE PLATE / PLAQUE GIVEN NAME / PRÉNOM NO. / NUMÉRO PROV. OR STATE PROV. OU ÉTAT I, a by-law enforcement officer, believe on reasonable and probable grounds, and do believe, that the above-named person or corporation, ntionné ou la personne morale susmentionnée, on or about / le ou vers le at the time of / à Y/A M D/J HR/HEURE MIN at or near in the local government of au ou près du , sur le territoire du gouvernement local de SAINT JOHN , STREET ADDRESS / PID / PAN / PARKING METER NO. ADRESSE DE VOIRIE / NID / NCB / NUMÉRO DE PARCOMÈTRE has committed the following contravention / a commis la contravention suivante : NAME OF BY- SNOW REMOVAL BY-LAW / ARRÊTÉ SUR LE DÉNEIGEMENT DESCRIPTION OF CONTRAVENTION / SECTION / PENALTY AMOUNT / PENALTY AMOUNT IF PAID DESCRIPTION DE LA CONTRAVENTION ARTICLE MONTANT DE LA WITHIN 45 DAYS / MONTANT PÉNALITÉ DE LA PÉNALITÉ SI ELLE EST PAYÉE DANS UN DÉLAI DE 45 JOURS ____ No person shall place, put, throw, deposit or sweep 5(1) $300.00 $150.00 upon the paved or main-travelled portion of any street or a sidewalk, or cause to be placed, put, thrown, deposited or swept upon the paved or main- travelled portion of any street or a sidewalk, any snow or ice. / Il est interdit de placer, de mettre, de jeter, de déposer ou de balayer ou de faire placer, de faire mettre, de faire jeter. de faire déposer ou de faire balayer de la neige ou de la glace sur la partie asphaltée ou la partie la plus utilisée des rues ou sur les trottoirs. BY- SIGNATURE OF BY-LAW ENFORCEMENT OFFICER / NUMBER / As specified in subsection 159(5) of the Local Governance Act, if this penalty is not paid within 45 days, you may be charged with an offence in respect of the same incident that gave rise to the administrative penalty. / Comme le prévoit le paragraphe 159(5) de la Loi sur la gouvernance locale, pénalité précisée dans un délai de 45 j a donné lieu à la pénalité administrative. PENALTY NOTICE SIDE 2 AVISDE PÉNALITÉ VERSO HOW TO PAY THE PENALTYMODE DE PAIEMENT DE LA PÉNALITÉ You may pay by mail, by sending a cheque or money order Vous pouvez procéder en envoyant par la poste un chèque ou un payable to The City of Saint John in Canadian funds to the The City of Saint John en dollars canadiens à address below or online if applicable: -dessous ou en procédant en ligne si cette option est offerte : Customer Service Centre Centre de service à la clientèle ste 15 Market Square, 1 floor 15 Market Square, 1 étage P.O. Box 1971 C.P. 1971 Saint John, NB E2L 4L1 Saint John, N.-B. E2L 4L1 DO NOT SEND CASH A RECEIPT WILL BE MAILED TO YOU if a stamped, UN REÇU VOUS SERA ENVOYÉ PAR LA POSTE si une self-addressed envelope is provided. enveloppe-réponse affranchie est fournie. Your payment must be accompanied by a copy of Side 1 of Votre paiement doit être this Notice, or include sufficient information to identify the avis ou comprendre suffisamment de renseignements afin de pouvoir Notice, specifically: The notice number (top right on Side 1 of this le numéro de (au coin supérieur droit du recto du Notice); présent avis); Your full name and mailing address; votre nom complet et votre adresse postale; The date of the contravention, the name of the by- law and the section number. NOTE: REMARQUE : If you do not provide sufficient details, your Si vous ne fournissez pas suffisamment de renseignements, payment will not be processed. votre paiement ne sera pas traité. In order to take advantage of an early payment Afin de pouvoir bénéficier du rabais pour paiement anticipe, discount option, if available, the payment must be les 45 th postmarked on or before the 45 day from the date jours qui suivent la date de signification de cet avis, le cachet of service of this Notice. de la poste faisant foi. MAY I PAY FOR THE PENALTY IN PERSON? PUIS-JE PAYER EN PERSONNE LA PÉNALITÉ? Yes, you may make the payment at the Customer Service Oui, vous pouvez effectuer en personne le paiement au centre de e st Centre, City Hall, 15 Market Square, 1 floor, Saint John, NB service à la clientèle 1 in person during regular office hours. Present a copy of this étage, Saint John, Notice with your payment. présenter une copie du présent avis accompagnée de votre paiement. QUE SE PASSERA-T-IL SI JE NE PAIE PAS LA PÉNALITÉ? WHAT HAPPENS IF I DO NOT PAY? If the penalty is not paid within 45 days from the date of un délai de 45 jours suivant la date de signification de cet avis, vous service of the notice, you may be charged with an offence in pouvez être poursuivi pour infraction commise du fait de respect of the same incident that gave rise to the lité administrative, comme administrative penalty as specified under subsection 159(5) of the Local Governance Act. le prévoit le paragraphe 159(5) de la Loi sur la gouvernance locale. MAY I PAY FOR THE PENALTY BY PHONE? PUIS-JE PAYER LA PÉNALITÉ PAR TÉLÉPHONE? Oui, vous pouvez effectuer un paiement par Visa, MasterCard ou Yes, you may make a Visa, Mastercard or American Express American Express par téléphone au (506) 658-4455. payment by telephone at (506) 658-4455. Form 1 PENALTY NOTICE (Local Governance Act, S.N.B. 2017, c.18, s.157) Formule 1 AVIS DE PÉNALITÉ (Loi sur la gouvernance locale, L.N.-B. 2017, ch. 18, art. 157) PENALTY NOTICE SIDE 1 AVIS DE PÉNALITÉ RECTO Issued To / Destinataire: SURNAME OR CORPORATE NAME / NOM DE FAMILLE OU RAISON BIRTHDATE (optional) / DATE DE ADDRESS / ADRESSE SOCIALE NAISSANCE (facultatif) Y/A M/M D/ J LICENCE PLATE / PLAQUE GIVEN NAME / PRÉNOM NO. / NUMÉRO PROV. OR STATE PROV. OU ÉTAT I, a by-law enforcement officer, believe on reasonable and probable grounds, and do believe, that the above-named person or corporation, ntionné ou la personne morale susmentionnée, on or about / le ou vers le at the time of / à Y/A M D/J HR/HEURE MIN at or near in the local government of au ou près du , sur le territoire du gouvernement local de SAINT JOHN , STREET ADDRESS / PID / PAN / PARKING METER NO. ADRESSE DE VOIRIE / NID / NCB / NUMÉRO DE PARCOMÈTRE has committed the following contravention / a commis la contravention suivante : NAME OF BY- SNOW REMOVAL BY-LAW / ARRÊTÉ SUR LE DÉNEIGEMENT DESCRIPTION OF CONTRAVENTION / SECTION / PENALTY AMOUNT / PENALTY AMOUNT IF PAID DESCRIPTION DE LA CONTRAVENTION ARTICLE MONTANT DE LA WITHIN 45 DAYS / MONTANT PÉNALITÉ DE LA PÉNALITÉ SI ELLE EST PAYÉE DANS UN DÉLAI DE 45 JOURS ____ Failure to remove ice, icicles or snow from any roof, 5(2) $300.00 $150.00 eave or portion of roof or eave. / Omission d'enlever de cette glace, de ces glaçons ou de cette neige d'un toit, d'un avant-toit ou d'une partie de toit ou d'avant-toit. BY- SIGNATURE OF BY-LAW ENFORCEMENT OFFICER / NUMBER / As specified in subsection 159(5) of the Local Governance Act, if this penalty is not paid within 45 days, you may be charged with an offence in respect of the same incident that gave rise to the administrative penalty. / Comme le prévoit le paragraphe 159(5) de la Loi sur la gouvernance locale, pénalité précisée dans un délai de 45 j a donné lieu à la pénalité administrative. PENALTY NOTICE SIDE 2 AVIS DE PÉNALITÉ VERSO HOWTO PAY THE PENALTYMODE DE PAIEMENT DE LA PÉNALITÉ You may pay by mail, by sending a cheque or money order Vous pouvez procéder en envoyant par la poste un chèque ou un payable to The City of Saint John in Canadian funds to the The City of Saint John en dollars canadiens à address below or online if applicable: -dessous ou en procédant en ligne si cette option est offerte : Customer Service Centre Centre de service à la clientèle ste 15 Market Square, 1 floor 15 Market Square, 1 étage P.O. Box 1971 C.P. 1971 Saint John, NB E2L 4L1 Saint John, N.-B. E2L 4L1 DO NOT SEND CASH A RECEIPT WILL BE MAILED TO YOU if a stamped, UN REÇU VOUS SERA ENVOYÉ PAR LA POSTE si une self-addressed envelope is provided. enveloppe-réponse affranchie est fournie. Your payment must be accompanied by a copy of Side 1 of this Notice, or include sufficient information to identify the avis ou comprendre suffisamment de renseignements afin de pouvoir Notice, specifically: The notice number (top right on Side 1 of this le numéro de (au coin supérieur droit du recto du Notice); présent avis); Your full name and mailing address; votre nom complet et votre adresse postale; The date of the contravention, the name of the by- la law and the section number. NOTE: REMARQUE : If you do not provide sufficient details, your Si vous ne fournissez pas suffisamment de renseignements, payment will not be processed. votre paiement ne sera pas traité. In order to take advantage of an early payment Afin de pouvoir bénéficier du rabais pour paiement anticipe, discount option, if available, the payment must be les 45 th postmarked on or before the 45 day from the date jours qui suivent la date de signification de cet avis, le cachet of service of this Notice. de la poste faisant foi. MAY I PAY FOR THE PENALTY IN PERSON? PUIS-JE PAYER EN PERSONNE LA PÉNALITÉ? Yes, you may make the payment at the Customer Service Oui, vous pouvez effectuer en personne le paiement au centre de e st Centre, City Hall, 15 Market Square, 1 floor, Saint John, NB service à la clientèle el de ville, situé au 15 place Market, 1 in person during regular office hours. Present a copy of this étage, Saint John, Notice with your payment. présenter une copie du présent avis accompagnée de votre paiement. QUE SE PASSERA-T-IL SI JE NE PAIE PAS LA PÉNALITÉ? WHAT HAPPENS IF I DO NOT PAY? Si vous omettez If the penalty is not paid within 45 days from the date of un délai de 45 jours suivant la date de signification de cet avis, vous service of the notice, you may be charged with an offence in pouvez être poursuivi pour infraction commise du fait de respect of the same incident that gave rise to the administrative penalty as specified under subsection 159(5) of the Local Governance Act. le prévoit le paragraphe 159(5) de la Loi sur la gouvernance locale. MAY I PAY FOR THE PENALTY BY PHONE? PUIS-JE PAYER LA PÉNALITÉ PAR TÉLÉPHONE? Oui, vous pouvez effectuer un paiement par Visa, MasterCard ou Yes, you may make a Visa, Mastercard or American Express American Express par téléphone au (506) 658-4455. payment by telephone at (506) 658-4455. CITY OF SAINT JOHN NEW BRUNSWICK A By-law Respecting Arrêté concernant le Clearance and Removal of déneigement et le déglaçage Snow and Ice from the Public des rues publiques dans the Streets in the City of Saint City of Saint John John By-law Number LG - 22 Arrêté numéro LG - 22 An uncertified copy of this by-law is available online est disponible en ligne - 2 - TABLE OF CONTENTS TABLE DES MATIÈRES Section Description Page Article Désignation Page Recitals 3 Préambule 3 1 Title 3 1 Titre 3 2 Definitions 3 2 Définitions 3 3 Interpretation 4 3 Interprétation 4 4 Appointment of By-law 5 4 Nomination des agents chargés 5 Enforcement Officers 5 Standard Conditions and 5 5 Conditions et exigences 5 Requirements respecting Snow normalisées relatives au and Ice Removal déneigement et au déglaçage 6 Offences 6 6 Infractions 6 7 Administrative Penalties 6 7 Pénalités administratives 6 8 Repeal 6 8 Abrogation 6 - 3 - RECITALS PRÉAMBULE WHEREAS The City of Saint John deems it advisable ATTENDU QUE The City of Saint John juge opportun to pass this by-law because it will establish standards to de prendre le présent arrêté destiné à réglementer et regulate and control the clearance and removal of snow trottoirs; et and ice from the public streets in the City of Saint John; AND WHEREAS subparagraph 10(1)(p)(i) of the ATTENDU QUE, le sous-alinéa 10(1)p)(i) de la Loi Local Governance Act provides that a local government sur la gouvernance locale autorise les municipalités, may make by-laws for municipal purposes respecting, relativement à quelque fin municipale, à prendre des subject to the Highway Act, the management and control arrêtés concernant, sous réserve de la Loi sur la voirie, of roads, streets and highways, sidewalks and la gestion et la régulation des chemins, des rues et des boulevards and all property adjacent to roads, streets routes ainsi que des trottoirs, des boulevards et des biens and highways, whether publicly or privately owned; privés ou publics adjacents; et AND WHEREAS section 147 of the Local Governance ATTENDU QUE, 147 de la Loi sur la Act provides that a local government may, by by-law, gouvernance locale autorise les municipalités, à provide that a person who violates or fails to comply êté, que commet une infraction with any provision of a by-law commits an offence; quiconque contrevient ou omet de se conformer à et AND WHEREAS subsection 148(1) of the Local ATTENDU QUE, le paragraphe 148(1) de la Loi sur la Governance Act provides that a local government may gouvernance locale autorise les municipalités à mettre establish a system of fines for offences under by-laws made under the authority of this Act; vertu de la présente loi; et AND WHEREAS, subsection 156(1) of the Local ATTENDU QUE, le paragraphe 156(1) de la Loi sur la Governance Act, states that a local government may gouvernance locale require administrative penalties to be paid in respect of peut exiger le paiement de pénalités administratives a contravention of a provision of a by-law of the local relativement à toute contravention à une disposition government; AND WHEREAS notice of this by-law, and of the ATTENDU QUE, avis du présent arrêté et de la réunion Common Council meeting at which this by-law was du conseil communal à laquelle il a été débattu a été discussed, were provided in accordance with the donné conformément à la Loi sur la gouvernance provisions of the Local Governance Act; locale; NOW THEREFORE, the Common Council of The À CES CAUSES, le conseil communal de The City of City of Saint John enacts as follows: Saint John édicte : Title Titre 1 This by-Snow 1 Le présent arrêté peut être cité sous le Removal By-law- titre Arrêté sur le déneigement (ci-après «»). Definitions Définitions 2 The following definitions apply in this By-law. 2 présent arrêté. - 4 - by-law enforcement officermeans a by-law «» désigne un enforcement officer appointed under this By-law and designated by resolution of Common Council; (agent conformément au présent arrêté, et désigné par ) résolution par le conseil communal; (by-law enforcement officer) City(municipalité) «municipalité» désigne The City of Saint John; (City) commissioner«commissaire» désigne le commissaire aux services Works & Transportation Services of the City or their du transport et des travaux publics de la municipalité ou designate; (commissaire) son représentant; (commissioner) Common Council«conseil communal» désigne les membres élus du council of the City; (conseil communal) conseil municipal de la municipalité; (Common Council) personmeans and includes an individual, «personne» désigne un individu, une corporation, une corporation, partnership, society or cooperative société en nom collectif, une société ou une association association; (personne) coopérative; (person) sidewalk«trottoir» désigne, le long dune route ou dune rue, la between the curb lines or the lateral lines of a roadway, bande qui est comprise entre les lignes de bordure ou and the adjacent property lines set apart for the use of lignes latérales dune chaussée et les lignes de pedestrians, and includes any part of a highway set apart propriétés adjacentes et qui est réservée à lusage des or marked as being for the exclusive use of pedestrians; piétons, et sentend également de toute partie de route (trottoir) réservée ou marquée comme étant destinée à lusage exclusif des piétons (sidewalk) street«rue» désigne surfa lines of every street, highway, road, lane, alley, curb, limites latérales des rues, routes, chemins, ruelles, sidewalk, park or place when any part thereof is used by allées, bordures, trottoirs, parcs ou places utilisée en tout the general public for the passage of vehicles and ou en partie par le grand public pour la circulation des pedestrians, and includes the bridges thereon but does voitures ou des piétons, y compris les ponts qui s not mean nor include a provincial highway as defined in the Motor Vehicle Act; (rue) Loi sur les véhicules à moteur; (street) Interpretation Interprétation 3 Rules for interpretation of the language used in 3 this By-law are contained in the lettered paragraphs as : follows: (a) The captions, article and section names a) Les titres, intertitres et numéros des and numbers appearing in this By-law are for convenience of reference only and have no effect on its interpretation. à son interprétation. (b) This By-law is to be read with all changes b) Le genre ou le nombre grammaticaux of gender or number required by the context. doivent être adaptés au contexte. - 5 - (c) Each reference to legislation in this By-c) Les renvois législatifs paraissent en law is printed in Italic font. The reference is italique. Le renvoi à une loi vise également les intended to include all applicable amendments to the legislation, including successor toute législation de remplacement. Les renvois legislation. Where this By-law references other by-laws of the City, the term is intended to include all applicable amendments to those by-y compris tout arrêté de remplacement. laws, including successor by-laws. (d) The requirements of this By-law are in d) addition to any requirements contained in any other applicable by-laws of the City or municipalité ou des lois et règlements applicable provincial or federal statutes or applicables des gouvernements fédéral ou regulations. provinciaux. (e) If any section, subsection, paragraph, part e) Si une disposition quelconque est déclarée or parts, or provision of this By-law, is for any invalide par un tribunal compétent pour quelque reason declared by a court or tribunal of competent jurisdiction to be invalid, the ruling la validit shall not affect the validity of the By-law as a toute autre disposition. whole, nor any other part of it. (f) The Schedules attached to this By-law are f) Les annexes jointes au présent arrêté sont included in and shall be considered part of this incluses et doivent être considérées comme By-law. faisant partie du présent arrêté. Appointment of By-law Enforcement Officers arrêtés 4 Common Council may, for the purposes of the 4 Le conseil communal peut, pour les fins de administration and enforcement of this By-law, appoint ladministration et de lapplication du présent arrêté, by-law enforcement officers who may exercise such powers and perform such duties as may be set out in this chargés dexercer les pouvoirs et remplir les fonctions By-law or the Local Governance Act. prévus dans le présent arrêté ou la Loi sur la gouvernance locale. Standard Conditions and Requirements respecting Conditions et exigences normalisées relatives au Snow and Ice Removal déneigement et au déglaçage 5(1) No person shall place, put, throw, deposit or 5(1) Il est interdit de placer, de mettre, de jeter, de sweep upon the paved or main-travelled portion of any déposer ou de balayer ou de faire placer, de faire street or a sidewalk, or cause to be placed, put, thrown, mettre, de faire jeter. de faire déposer ou de faire deposited or swept upon the paved or main-travelled balayer de la neige ou de la glace sur la partie portion of any street or a sidewalk, any snow or ice. asphaltée ou la partie la plus utilisée des rues ou sur les trottoirs. 5(2) Whenever any roof, eave or portion of roof or 5(2) Chaque fois que tout ou partie dun toit ou eave, or any window-sill is laden with ice either in the dune gouttiére ou quun appui de fenêtre se trouve form of icicles or otherwise, or with snow in such a chargé de glace, sous forme de glaçons ou autrement, manner as to endanger persons or property passing on ou de neige de telle sorte à mettre en danger par leur any street beneath such ice, icicles or snow by the fall chute aussi bien les personnes que les biens passant sur - 6 - thereof upon such persons or property, it shall be the une rue au-dessous de cette glace, de ces glaçons ou de duty of the owner or the agent of the owner or any cette neige, le propriétaire, son mandataire ou le person having the care of such building or lot to remove gardien du bâtiment ou du terrain visé est tenu de such ice, icicles or snow from time to time. procéder à leur enlèvement quand besoin. Offences Infractions 6(1) A person who violates any of the provisions of 6(1) Toute personne qui contrevient à une this By-law is guilty of an offence and is liable upon disposition du p summary conviction to a fine of not less than three infraction et est passible sur condamnation sommaire hundred dollars ($300.00) and not more than two $) et thousand one hundred dollars ($2,100). ne dépassant pas deux mille cent dollars (2100 $). Administrative Penalties Pénalités administratives 7(1) The City may require an administrative penalty 7(1) to be paid with respect to a violation of a provision of administrative soit payée relativement à une infraction à this By-law as set out in subsection 7(2). une disposition du présent arrêté, comme prévu au paragraphe 7(2). 7(2) A person who violates any provision of this By-7(2) Toute personne qui contrevient à une law may pay to the City within 45 calendar days from disposition du présent arrêté peut payer à la municipalité the date of such violation an administrative penalty of dans un délai de 45 jours civils à compter de la date de one hundred and fifty dollars ($150.00), and upon such ladite infraction, une pénalité administrative de cent payment, the person who committed the violation is not cinquante dollars (150 liable to be prosecuted therefor. susceptible de poursuites judiciaires. Repeal Abrogation 8(1) A by-law of The City of Saint John enacted on 8(1) st the 21 day of November, 2005A By-Law 21 novembre 2005 et intitulé Arrêté concernant le Relating to the Clearance and Removal of Snow and Ice déneigement et le déglaçage des rues publiques dans o from the Public Streets in The City of Saint John-The City of Saint John, Arrêté N M-26, ensemble ses law Number M-26, and all amendments thereto is modifications, est abrogé. repealed. IN WITNESS WHEREOF The City of Saint John has EN FOI DE QUOI The City of Saint John a fait caused the Corporate Common Seal of The City of Saint apposer son sceau communal sur le présent arrêté le John to be affixed to this By-law the _____ day of __________________ 2023, avec les signatures ____________, A.D. 2023 signed by: suivantes : _______________________________________ Mayor / Maire _______________________________________ - 7 - City Clerk / Greffier de la municipalité First Reading - Première lecture - Second Reading - Deuxième lecture - Third Reading - Troisième lecture - COMMON COUNCIL REPORT M&C No.2023-248 Report DateNovember 08, 2023 Meeting DateNovember 14, 2023 Service AreaGrowth and Community Services HerWorship Mayor Donna NoadeReardonandMembers of Common Council SUBJECT: Request for supplementary Heritage Grant funding AUTHORIZATION Primary Commissioner/Dept. Chief Administrative Chair of AuthorHeadOfficerFinance Committee Rodrigo Amy Poffenroth / J. Brent McGovernCouncillor Mendes DavidDobbbelsteynSullivan Campos RECOMMENDATION That Common Council amend the 2023 General Operating Budget to reallocate $30,000 from Unspecified Grants to Heritage Grants, with no overall change to the overall 2023 General Operating Budget. EXECUTIVE SUMMARY The Heritage Grant program is a long-standing program that has been in existence for over 30 years and has stimulated reinvestment in the Heritage Conservation Areas of Saint John by providing financial assistance to owners looking to preserve the heritage value of their property. The Heritage Grants program acts as a tool to support owners in retaining traditional materials and architectural details of character-defining elements or, if necessary, replace them with new components, matching the original materials and style, by providing a percentage of the built heritage of the City of Saint John. As a result of Common Council continuously funding the program, the grant has been able to facilitate $447,047.66 of total investment in the last 4 years disbursed to a total of 127 projects within Heritage Conservation Areas throughout the city. This continuous investment has resulted in outstanding improvements to the overall city streetscape, which results in stronger community pride, in alignment With the rising construction costs and high demand for qualified professionals, as well as delays resulting from the Covid Pandemic, it is recommended that $30,000 in additional funds be allocated to the Heritage Grant program for 2023. - 2 - PREVIOUS RESOLUTION Growth Committee Resolution, November 8, 2023 That Common Council amend the 2023 General Operating Budget to reallocate $30,000 from Unspecified Grants to Heritage Grants, with no overall change to the overall 2023 General Operating Budget. Growth Committee Resolution, October 31, 2023 That the matter be referred to the Finance Committee for consideration. REPORT HISTORICAL CONTEXT The Heritage Program is a long-standing grant program that assists property owners in undertaking maintenance and conservation work on properties located maintenance and enhancement of iconic streetscapes and our rich cultural heritage, which are enjoyed by residents and visitors. Our detailed records of 2018-2022 showcase the continuous importance of the Heritage Grant to the community. In 2018, the amount of $80,000 in available funds was surpassed by the number of applications received. Due to the high demand for the Program, an additional $25,000 was allocated by Council. That year, the Heritage Grant Program supported a total of 29 Projects and $101,746.88, on eligible improvements to Heritage buildings. The year 2019 was presented with a total of 47 applications and from an available fund of $160,000 and a total disbursed amount of $148,493.68. From 2020-2022, the Heritage Grant Program was impacted by the compounding effects of the global shortage of construction materials and skilled workers, exacerbated by COVID-19 restrictions, which significantly impeded numerous projects from starting and meeting the program deadline. During 2020 only 17 applications were submitted, totaling $75,777.71 disbursed off a $80,000 Heritage Grant fund. 2021 was presented with a similar scenario, where 14 applications for Heritage Grants were submitted, and a total of $54,433.01 was disbursed from the available $80,000 budget for that year. In 2022, the program saw the first sign of recovery from the pandemic years. Despite lower numbers than previous years, the Heritage Grant numbers were still satisfactory: of the available $80,000 available funds, 20 applications were granted a total of $66,596.58. ANALYSIS As of October 23, 2023, a total of 37 applications (for work totaling $587,595.46) have been filed, of which 25 have been conditionally approved, utilizing 100% of the grant budget allocated, and 12 applications have been placed on a waitlist. - 3 - The summary table below highlights the status of heritage grant applications: APPLICATIONS Grant Amount Paid Out 11 applications $42,444.40 Outstanding 12 applications $37,555.60 Waitlisted 12 applications $37,272.52 APPROVED APPLICATIONS 11 applications have been completely paid out, totaling $42,444.40. 12 approved applications totaling $37,555.60 are expected to be paid out by the deadline. Total Grant Funding Committed: $80,000 WAITLISTED AND WITHDRAWN APPLICATIONS 2 applications have been withdrawn, and The waitlisted applications represent a possible additional disbursement amount of $37,272.52. The heritage grant program is currently being financed entirely through an annual grant budget of $80,000. That amount has been supplemented with extra funding by council in previous years, when the number of applications surpassed the budget that was allocated. The extra funding did not significantly reduce the number of applications received in subsequent years or result in future underutilization of the full grant budget. Since the Heritage Development Grant has seen an increase in demand in 2023 and in efforts to support the citizens of Saint John more effectively, The Heritage Development Board requested a supplement of $40,000 to the existing budget. That amount would allow for all eligible applicants to have access to the grant and ent to the priorities listed for 2021- After analyzing past Heritage Grants disbursement and accounting for applications that have been withdrawn due to challenges in meeting the final deadline, Staff are confident that a one-time increase of $30,000 would be sufficient to cover the outstanding amount for 2023. Any additional funding will not reduce the future demand for the grant program, as projects can only be undertaken once grant approval is in place. /hb/\[…{Lhb The Heritage Grant Program has inherently been a strategic resource in supporting home and business owners who appropriately intervene to preserve As described in this report, the principles of the Heritage Grant Program focus on preservation of the streetscape to enhance the public realm and it continues to remain a critical component in creating vibrant urban spaces that contribute to the local identity. The increase of $30,000 - 4 - expand the reach of the grant to all eligible applicants, helping to strengthen the relationship between the city and the community. STRATEGIC ALIGNMENT Common Council adopted a set of Priorities for 2021- vibrancy through beautification and Heritage. SERVICE AND FINANCIAL OUTCOMES The Heritage Grant Program is an existing grant stream which is funded through annual operating budget. The Operating Budget for 2023 for The Heritage Grants as at the time of this report is $80,000. Due to demand in 2023, staff recommend that $30,000 from the Unspecified Grants Budget be allocated to the Heritage Grant for 2023 only. The operating Budget for Unspecified Grants for 2023 is $234,000: $184,000 allocated for Community Grants, $20,000 allocated for ethnocultural grants, and $30,000 currently unallocated. Rather that make a withdrawal from an operating reserve, staff recommend using the unallocated portion of the unspecified grants budget for Heritage Grants with no other impacts to the 2023 operating budget. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Staff of Growth and Community Services and Finance were consulted on the report. Staff met with the Heritage Development Board about their request, and Council initially referred to the request to the Growth Committee. ATTACHMENTS Letter to Council from Heritage Development Board Heritage Grant Program Policy Heritage Development Board 506 658-2838 heritage@saintjohn.ca August 15, 2023 Common Council c/o Jonathan Taylor, Common Clerk City of Saint John Common Council 15 Market Square Saint John, NB E2L 1E8 Canada Subject: Request for Additional Funding for Heritage Grant Program Dear Members of the City of Saint John Common Council, I am writing to you as the Chair of the Heritage Development Board to discuss the urgent need for an additional $40,000.00 as funding for our heritage grant program. Our heritage grant program supports homeowners in neutralizing some of the high costs of intervening in heritage buildings, incentivizing the preservation of our incredibly rich heritage and over the past three years, has faced significant challenges due to the impact of the COVID-19 pandemic. As you may be aware, the heritage grant program has encountered challenges stemming from the stipulation that all work must be finalized by the 31st of November in the grant year. Regrettably, the compounding effects of the global shortage of construction materials and skilled workers, exacerbated by COVID-19 restrictions, have significantly impeded numerous projects from meeting this deadline. Consequently, we have observed a decline in the proportion of grants that have been fully disbursed. Despite an annual funding allocation of $80,000 for the program, in 2021, only 68% of the approved funding was distributed, with a slight improvement to 83% in 2022. It is important to note that any unused funding from the grant cannot be carried forward to the following year. This restriction has placed additional strain on our heritage grant program, limiting our ability to support important projects and initiatives aimed at preserving and promoting the rich heritage of our city. However, it is with great pleasure that we inform you of the growing interest in the heritage grant program as the economy gradually recovers. As of the beginning of August 2023, 100% of the allocated funding for the program has already been conditionally approved, and we have reached an additional 38% of applications on the waitlist, resulting in a balance of over $30,000.00. With a budget of only $80,000, the Heritage Grant Program has supported $587,595 in development and improvements in the City's Heritage Conservation areas this year.This clearly illustrates the strong demand for heritage projects and highlights the positive impact they have on our community. Given these circumstances, we kindly request that the City of Saint John Common Council consider the following factors when evaluating our appeal for an additional funding: 1. The exceptional circumstances caused by the COVID-19 pandemic, which resulted in delays and challenges for numerous heritage projects. 2. The increased interest in our heritage grant program over the years. st 3. The inability of many projects to meet the 31 of November deadline due to the shortage of construction materials and workers. 4. The unavailability of carry-forward funding, which has limited our ability to support heritage projects in the past. We firmly believe that by providing $40,000 as extra funding this year, we can mitigate the loss of work experienced during the COVID-19 pandemic and support the completion of important heritage projects in our city. The additional funding will not only contribute to the preservation of our rich cultural heritage but also stimulate economic growth and community development. On behalf of the Heritage Development Board, I would like to express our gratitude for your attention to this matter and your continuous support of our efforts to protect and promote the heritage of Saint John. We remain committed to working collaboratively with the Common Council to ensure the success and sustainability of our city's heritage. Thank you for your time, consideration, and ongoing commitment to our shared heritage. Yours sincerely, Jamie Watson Chair of Heritage Development Board HERITAGEGRANTPROGRAMPOLICY PROGRAMAIM The HeritageGrantProgram isanincentiveprogramdesignedtoencouragepropertyownerstomeetthespiritand intentofthe SaintJohnHeritageConservationAreasByLaw,asexpressedinthe NationalStandardsfor ConservationofHistoricPlacesinCanada andSaintJohn'sownseriesof PracticalConservationGuidelines.Heritage Grantsarenotconstructionsubsidies;theyareintendedtoassistownerstoretaintraditionalmaterialsanddetails ofcharacterdefiningelementsand,ifnecessary,replacethemwithnewcomponents,matchingtheoriginal materialsandprofiles. OBJECTIVES Primary: Toencourageretentionofdesignatedheritagebuildingsandtheircharacterdefiningelements, includingtheirmaterialsanddetails; Tomaximizeconservationofthecharacterdefiningelementsofdesignatedheritagebuildingsusingan approachof:understanding,documenting,planning(forproposeduse)andthenintervening. Secondary: TocreateemploymentopportunitiesforthecitizensofSaintJohn; Todiscouragedemolitionofdesignatedheritagebuildings; Toreducewasteandtheimpactontheenvironmentbydemonstratingthatthegreenestbuildingisone thatalreadyexists; Toencourageownerstoundertakenecessarybutcostlymajorconservationprojects. CATEGORIESOFGRANTS Њ͵ IĻƩźƷğŭĻağźƓƷĻƓğƓĭĻDƩğƓƷʹAgrantof25%uptoamaximumreimbursementof$750peryear availabletopropertieswithoutaConservationPlaninplace,ortotenantsforstorefrontsignageand maintenance. Ћ͵ IĻƩźƷğŭĻ/ƚƓƭĻƩǝğƷźƚƓDƩğƓƷʹAgranttosupportlargeconservationprojectsforpropertieswhichhave aConservationPlaninplace.TherearetwolevelsoffundingprovidedbytheConservationGrant, dependingonthenatureoftheproject: a) Minorfunding:25%uptoamaximumof$7,500formaintenancework,asoutlinedinthe ConservationPlan. $7,500forrestorationworktooriginal b) Majorfunding:45%uptoamaximumreimbursementof characterdefiningelements,andformajorprojectssuchasmasonryorstructuralrepair. Ќ͵ IĻƩźƷğŭĻ‘źƓķƚǞDƩğƓƷʹAgrantoffsettingthecostofrepairingorreplacingwindows.NoConservation Planisrequired. a) WoodWindowRepair:45%uptoamaximumreimbursementof$7,500. b) WoodWindowReplacement:35%uptoamaximumreimbursementof$7,500. c) AluminumCladWoodWindowReplacement:20%uptoamaximumreimbursementof$7,500. Ѝ͵ IĻƩźƷğŭĻ/ƚƓƭĻƩǝğƷźƚƓtƌğƓDƩğƓƷʹAonetimegrantprovidedtooffsetthecostofretainingadesign professional(architectorengineer)toprepareaConservationPlanfordesignatedheritageproperties. AConservationPlanprovidesthepropertyownerwithaphasedplantoundertakerequired Page Њ of Ѝ heritage/structuralwork.50%ofthecostisfundeduptoamaximumreimbursementof$1,500. Ў͵ …ƦŭƩğķĻDƩğƓƷʹAonetimegrantforpropertyownerstohavetheirpreviousǤĻğƩ͸ƭMaintenanceGrant reassessedasaHeritageConservationGrant,withthedifferencepaidout.Thisgrantisautomatically waitlistedtoNovember30andisdependentonavailableendofyearfunds.Thefollowingconditions mustbemet: WorkwasundertakeninthepreviouscalendaryearthatreceivedaHeritageMaintenanceGrant. Intheactiveprogramyear,thepropertyownerhasobtainedaConservationPlan. ThepreviouslyreimbursedworkisdetailedintheConservationPlan. ELIGIBLEPROPERTIES GrantsareawardedbasedonthePropertyIdentificationNumber(PID)ratherthanpercivicaddress. EachPIDiseligibletoreceive ƚƓĻŭƩğƓƷƦĻƩĭğƷĻŭƚƩǤƦĻƩǤĻğƩ. Propertymustbeanongovernmentowneddesignatedheritagepropertylocatedwithinoneofthe designatedSaintJohnConservationHeritageAreas.Refertothe SaintJohnHeritageConservationAreas ByLaw foralistingofproperties.AcopyoftheByLawcanbefoundonthe/źƷǤ͸ƭwebsite,pickedupin personattheGrowthandCommunityDevelopmentServicesoffice,oranofficialcopyattheCommon /ƌĻƩƉ͸ƭoffice. Propertymustbecoveredbyinsurance. PropertyownermustbeingoodstandingwiththeCityofSaintJohnandshallnothaveunpaidproperty taxes. Propertyownermustnothaveanyoutstandingpropertyrelatedbylawviolationsand/orbuilding permitviolations. ELIGIBLEWORK&MATERIALS Projectsmustbetotheexteriorofthepropertyandinaccordancewiththetermsandconditionsofa CertificateofAppropriateness\[HeritagePermit\]. ProjectsmustbecompletedpriortotheGrantSummaryFormdeadlineandgrantfundingforprojects notcompletedbytheendofthecalendaryearwillbeforfeitedexceptinexceptionalcircumstances. Note: For appropriate materials and restoration approaches, please see the Practical Conservation Guidelines on the CityÓs website, which can also be picked up in person at the Growth and Community Development Services offices. INELIGIBLEWORK&MATERIALS Contemporarymaterialssuchasbutnotlimitedtovinylwindows,vinylandsteeldoors,orvinylsiding. WorkcarriedoutpriortoissuanceofaCertificateofAppropriateness\[HeritagePermit\]. Workcarriedoutwithoutrequiredbuildingpermitsinplacepriortoworkbeingundertaken. Workrelatedtolandscaping,roofreplacement,orinfillconstruction. Ownerperformedlabour. PoorordefectiveworkasidentifiedbytheHeritageOfficerand/orBuildingInspector. HERITAGEGRANTFUNDINGAPPLICATIONS Note: Application forms can be found on the CityÓs website, or picked up in person at the Growth and Community Development Services office, 10th floor City Hall. BeforecompletingandsubmittingaHeritageGrantFundingApplicationform,applicantsmustfirst obtainaCertificateofAppropriateness\[HeritagePermit\]andbuildingpermit(ifrequired),andinclude thesenumbersontheirHeritageGrantFundingApplicationform. Thefollowingmustaccompanythecompletedapplicationform: o CertificateofAppropriateness\[HeritagePermit\]number; Page Ћ of Ѝ o Buildingpermitnumber(ifrequired)forproposedwork; o Recentphotographsofallsidesofthebuildinganddetailedphotographsofarearelatedto proposedwork; o Startandenddateforproposedproject; o Signatureofboththeapplicantandowneroftheproperty; o ThoseapplyingforaHeritageConservationGrantmustcopyandattachpageextractsfrom theHeritageConservationPlanthatrelatetotheproposedworktobefunded; o ThoseapplyingforaHeritageConservationPlanGrantmustincludetheHeritage ConservationPlan; o Writtenprojectcostestimate. REVIEWOFHERITAGEGRANTFUNDINGAPPLICATIONSFORAPPROVALORDENIAL Applicationswillbescreenedforbasiceligibilityastheyarereceived(i.e.applicationpackageis completeandlegible).Applicantswillbenotifiedpromptlyiftheirapplicationisineligible. CompleteapplicationswillbereviewedbyHeritageStaffforthefollowing: o EnsuringtheCertificateofAppropriatenesswasapproved; o Ifrequired,confirmingbuildingpermithasbeenissued; o Reviewingprojectestimatesandcalculatingamountofrequestedgrantfunding; Conditionalapprovalwillbeawardedtoapplicantsthatmeettheeligibilityrequirements.Conditional approvalwillbeawardedinthesequenceinwhichapplicationsaresubmitted. ApprovalofaHeritageGrantApplicationconditionallyapprovestheapplicantforgrantfundingrather thanguaranteeingit. ConditionalapprovalscannotexceedtheCouncilapprovedbudgetedamount.Ifthegrantrequests exceedthebudgetedamount,thenanysubsequentapplicantswillbeplacedonawaitinglistinthe sequenceinwhichtheyapplied.Applicantsthatareonthewaitinglistwillsubmitthegrantsummary formuponcompletionoftheirproject.Waitinglistapplicantswillbenotifiedbyletterafterthe November30deadlineaboutthestatusoftheirsubmission. BUILDINGINSPECTION AsuccessfulbuildinginspectionbyBuilding&InspectionsServicesfortheproposedworkisrequiredto receivegrantfunding(Ifabuildingpermitisrequired). ItistheresponsibilityofthegrantapplicanttonotifytheBuilding&InspectionsServicesoftheproject completionandarrangeforinspection. TheBuildinginspectionshouldbearrangedandcompletedpriortosubmissionoftheGrantSummary Form. TheinspectionmustbecompletedbyNovember30.Allowtwoweeksfortheinspectiontobe scheduledandcompleted. HERITAGEOFFICERINSPECTION AsuccessfulinspectionbyaHeritageOfficeroftheCityofSaintJohnisrequiredtoreceivegrant funding. ItistheresponsibilityofthegrantapplicanttonotifytheGrowthandCommunityDevelopmentServices thattheprojectiscompleteandreadyforinspectionbytheHeritageOfficer. AHeritageinspectionshouldbearrangedandcompletedpriortosubmissionoftheGrantSummary Formasoutlinedbelow. TheHeritageOfficerwillinspectandphotographthecompletedworktoensurethatitshowsgood craftsmanshipandcomplieswiththeCertificateofAppropriateness\[HeritagePermit\]. TheinspectionmustbecompletedbyNovember30.Allowtwoweeksfortheinspectiontobe scheduledandcompleted. Page Ќ of Ѝ GRANTSUMMARYFORM TheGrantSummaryFormisrequiredtobecompletedandsubmittedoncetheprojectworkrelatedto thegrantapplicationiscompleteinordertoreceivegrantfunding. GrantSummaryFormsareacceptedthroughouttheyearupuntil bƚǝĻƒĬĻƩЌЉ. TheGrantSummaryFormshouldincludethefollowinginformationandattacheddocuments: o Usingthespaceprovided,anitemizedsummaryoftheinvoicesandreceiptsthatcorrespondtothe workoutlinedintheCertificateofAppropriatenesswiththeamountsstatedpreHST; o Legiblephotocopiesofallinvoicesandreceiptsincludedinthesummarywithproofofpayment; o Signatureoftheapplicant,thelegalowneroftheproperty,andcontractorswhoperformedthe project. Applicantmustassertthatabuildinginspection(ifrequired)andheritageinspectionhavebeen requestedandcompletedtothebestoftheirknowledge. Itistheresponsibilityoftheapplicanttoensurethattheitemizedsummaryiscomplete,accurate,and legible. GrantSummaryFormsarereviewedwhenreceivedandapplicantswillbenotifiedthroughwritten communicationwithin60daysofsubmissionwhethertheformisapproved,withattachedcheque,or whetherithasbeendenied. PAYMENTORDENIALOFGRANTFUNDING Whethertheapplicantreceivesgrantfundingdependsonsuccessfulbuildingandheritageinspections andaproperlycompletedandapprovedGrantSummaryForm. TheCitywillreleasegrantfundingpaymentswithin60daysaftersubmissionoftheGrantSummary Formprovidedallrequirementsaremet. WaitlistapplicantswillbenotifiedbyletteraftertheNovember30deadlineaboutthestatusoftheir submission. HeritageServices|GrowthandCommunityDevelopmentServices 15 Market Square, Saint John, NB E2L 4L1 IfyouhaveanyquestionsorconcernsHeritageStaffcanbecontactedat: Phone:(506)6582838 Email:heritage@saintjohn.ca Page Ѝ of Ѝ From:City of Saint John, New Brunswick <webform-noreply@saintjohn.ca> Sent: Monday, October 30, 2023 8:47 AM To: Common Clerk <commonclerk@saintjohn.ca> Subject: Webform submission from: Submission to Council Form \[ External Email Alert\] **Please note that this message is from an external sender. If it appears to be sent from a Saint John employee, please forward the email to spamsample@saintjohn.ca or contact IT Service Desk at 649-6047.** Submitted on Mon, 10/30/2023 - 08:13 Submitted by: Anonymous Submitted values are: About Person/Group Submitting First name Steven Last name Cunningham Mailing Address Telephone Email If you do not wish to have your personal information (address, phone number, email) become part of the public record, please check this box. Yes About your Submission Topic of submission Walk of Fame Purpose for submission (what is the ask of council): Permission Executive summary My name is Steven Cunningham I have been doing some research online of famous people from New Brunswick, and have found 97 people that are famous of those 38 of them are from Saint John. So with that being said New Brunswick should have a Walk of Fame, and that it should be here in Saint John, I think that it should be in the center of the red sidewalk on Water Street. I would like to have permission from the city of Saint John to do it. When I get permission I will start fundraising to do it. Enclosed is a picture of what it would look like. Document Uploads donald1.pdf(526.73 KB) M&C No.2023-247 Report DateNovember 08, 2023 Meeting DateNovember 14, 2023 Service AreaGeneral Counsel SUBJECT: Building Safer Communities Fund –Grant Agreement with Anglophone School District - South EXECUTIVE SUMMARY OF COMMITTEE OF THE WHOLE REPORT FOR OPEN SESSION OF COUNCIL The City has entered into a Contribution Agreement with Public Safety Canada pursuant to which it will receive a total of$972,992over four fiscal years from 2022-2023through2025-2026. Mandated by the Public Safety Committee, the Building Safer Communities Fund Interim Steering Committeeis recommending that a program created by educators at Saint John High School be the recipient of these funds, as that program was deemed to be the highest-ranking proponent in the Request for Proposal process undertakenin relation to the distribution of the Building Safer Communities Fund. The school’s program is intended toaddress barriers immigrant youth face and provide social-emotional supports and culturally responsive interventions. The aim is to increase these protective factors while decreasing risk factors through a wraparound educational approach.The purpose of this report to seek authority for the City to enter into the Grant Agreement for the redistribution of funds to Anglophone School District-South. COUNCIL RESOLUTION That the City enter into the Grant Agreement with Anglophone School District – South, generally in the form as presented to Committee of the Whole at its meeting held November 14, 2023, for the purpose of distributing the funds received from Public Safety Canada under the Building Safer Communities Fund and that the Mayor and Clerk be authorized to execute the said Grant Agreement and any other documents ancillary thereto. – , 2023 nd 2 Subject: Heritage Development Board: -- - - Imperial Theatre Board: - - PRO Kids: - Saint John Community Arts Board: -- - Saint John Free Public Library:- - - Saint John Transit Commission:-