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2024-03-04_Agenda Packet--Dossier de l'ordre du jour�B City of Saint John Common Council Meeting AGENDA Monday, March 4, 2024 6:00 pm 2nd Floor Common Council Chamber, City Hall An Electronic means of communication will be used at this meeting. The public may attend the meeting in person in the Council Chamber or view the meeting on the City's Website (wwwsaintjohn.ca) or on Rogers TV. Pages 1. Call to Order 1.1 Land Acknowledgement 1.2 National Anthem 2. Approval of Minutes 2.1 Minutes of February 20, 2024 6 - 19 3. Approval of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 Designation of a By-law Enforcement Officer - Lauren Williams 20 - 26 (Recommendation in Report) 5.2 181-183 Union Street — Removal of Land Use Agreement (Recommendation in 27 - 33 Report) 5.3 Street Vesting - 469 Rothesay Avenue (Recommendation in Report) 34 - 43 5.4 Canadian Corps of Commissionaires NB & PEI Division 2024 Service 44 - 50 Agreement (Recommendation in Report) 5.5 Regional Development Corporation Funding Agreement: City of Saint John — 51 - 59 Outdoor Ice Rink and Seating (Construction Funding) (Recommendation in Report) 5.6 Azure Ingestion Expenditures (Recommendation in Report) 60 - 62 6. Members Comments 7. Proclamation 8. Delegations / Presentations 9. Public Hearings - 6:30 p.m. 9.1 Proposed Zoning By -Law Amendment with Planning Advisory Committee report 63 - 116 and Staff presentation - 1 Bayard Drive (1 st and 2nd Reading) 10. Consideration of By-laws 10.1 Street Closing ByLaw - Red Head Road and Hewitt Road (3rd Reading) 117 - 118 11. Submissions by Council Members 12. Business Matters - Municipal Officers 12.1 Chief Administrative Officer Update on Select Catalytic Projects and Advocacy (Verbal) 12.2 Community Grants Program 2024 119 - 123 12.3 Dominion Park Phase 2 Update 124 - 178 13. Committee Reports 13.1 Growth Committee: 2024 Menahqesk (Saint John) Powwow 179 - 184 13.2 Growth Committee: Sophia Recovery Centre Funding Request 185 - 216 13.3 Civic Commemoration Committee: Recommendation from Civic 217 - 220 Commemoration Committee to name trail system in Shamrock Park "Don Cooper Trail' 13.4 Finance Committee: Market Place West Ballfield Storm Sewer Separation 221 - 223 Project 13.5 Finance Committee: Capital Reserves Required for Dredging at the Lancaster 224 - 226 Lagoon 13.6 Finance Committee: Market Slip Docking System 227 - 229 K 13.7 Finance Committee: Council Community Fund 230 - 257 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 15.1 A. Pottle: Charlotte and Sydney Street Bicycle Lanes (Recommendation: 258 - 259 Receive for Information) 15.2 R. Collins: City of Saint John Preferred Pharmacy Provider Contract 260 - 261 (Recommendation: Receive for Information) 15.3 D. MacFarlane: Request for Silencing Train Whistles in Compliance with Noise 262 - 263 By -Law (Recommendation: Receive and file the letter and CAO to respond to resident advising of work plan initiative) 16. Supplemental Agenda 17. Committee of the Whole 17.1 Results of Request for Expressions of Interest re City -owned land at 160 264 - 264 Thome Avenue 17.2 City Market Lease with Charlotte Street Bakery 265 - 265 17.3 City Market Lease with Jo's Samosas 266 - 266 17.4 Stage at Ihtoli-maqahamok (Market Slip) 267 - 267 18. Adjournment K City of Saint John Common Council Meeting Monday, March 4, 2024 Committee of the Whole 1. Call to Order Si vous avez besoin des services en frangais pour une reunion de Conseil communal, veuillez contacter le bureau du greffier communal au 658-2862. Each of the following items, either in whole or in part, is able to be discussed in private pursuant to the provisions of subsection 68(1) of the Local Governance Act and Council / Committee will make a decision(s) in that respect in Open Session: 4:00 p.m., 2nd Floor Boardroom, City Hall 1.1 Approval of Minutes 68(1) 1.2 Financial Matter 68(1)(c) 1.3 Land Matter 68(1)(d) 1.4 Financial Matter 68(1)(c) 1.5 Financial Matter 68(1)(c) 1.6 Financial Matter 68(1)(c,f,g) 1.7 Financial Matter 68(1)(c) 1.8 Security Matter 68(1)(h) 1.9 Litigation Matter 68(1)(g) Ville de Saint John Seance du conseil communal Lundi 4 mars 2024 18h30 2e etage de la Salle du conseil communal, 1-16tel de Ville Nous utiliserons un moyen de communication electronique lors de cette reunion. Le public peut assister a la seance en personne clans la Salle du Conseil ou la regarder sur le site Internet de la ville (www.saintiohn.ca) ou sur Rogers TV. Comite plenier 1. Ouverture de la seance Si vous souhaitez obtenir des services en frangais pour une seance du conseil communal, veuillez communiquer avec le bureau du greffier communal au 658-2862. Chacun des points suivants, en totalite ou en partie, peut faire I'objet d'une discussion en prive en vertu des dispositions prevues au paragraphe 68(1) de la Loi sur la gouvernance locale. Le conseil/comite prendra une ou des decisions a cet egard au cours de la seance publique : 16 h — C16ture du comite plenier — Salle de conference du 2e etage 1.1 Approbation du proces-verbal 68(1) 1.2 Question financiere 68(1)(c) 1.3 Question fonciere 68(1)(d) 1.4 Question financiere 68(1)(c) 1.5 Question financiere 68(1)(c) 1.6 Question financiere 68(1)(c,f,g) 1.7 Question financiere 68(1)(c) 1.8 Question de securite 68(1)(h) 1.9 Questions de procedures 68(1)(g) Seance ordinaire 1. Ouverture de la seance 1.1 Reconnaissance des terres 1.2 Hymne national 2. Approbation du proces-verbal 2 2.1 Proces-verbal du 20 fevrier 2024 3. Adoption de I'ordre du jour 4. Divulgations de conflits d'interets 5. Questions soumises a I'approbation du conseil 5.1 Designation d'un agent charge de I'application des arretes — Lauren Williams (recommendation clans le rapport) 5.2 181-183 Union Street — Suppression de I'accord d'utilisation des terres (recommendation clans le rapport) 5.3 Devolution de rue —469 avenue Rothesay (recommendation clans le rapport) 5.4 Accord de service du Corps canadien des commission naires, division N.-B. et I.-P.-L de 2024 (recommendation clans le rapport) 5.5 Accord de financement de la Societe de developpement regional : Ville de Saint John — Patinoire exterieure et sieges (financement de la construction) (recommendation clans le rapport) 5.6 Depenses liees a ('ingestion d'Azure (recommandation clans le rapport) 6. Commentaires presentes par les membres 7. Proclamation 8. Delegations et presentations 9. Audiences publiques 9.1 Proposition de modification de I'Arrete de zonage avec rapport du Comite consultatif d'urbanisme et presentation du personnel —1 Bayard Drive (1" et 2e lecture) 10. Etude des arretes municipaux 10.1 Arrete sur la fermeture des rues — chemin Red Head et chemin Hewitt (3electure) 11. Interventions des membres du conseil 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.1 Mise a jour de I'administrateur en chef sur certains projets catalyseurs et la defense des interets (verbal) K3 12.2 Programme de subventions communautaires 2024 12.3 Mise a jour sur la phase 2 du parc Dominion 13. Rapports deposes par les comites 13.1 Comite sur la croissance : Powwow de Menahgesk de 2024 (Saint John) 13.2 Comite sur la croissance : Demande de financement du Sophia Recovery Centre 13.3 Comite de commemoration civique : Recommandation du Comite de commemoration civique de nommer le reseau de sentiers du parc Shamrock « Sentier Don Cooper » 13.4 Comite des finances : Projet de separation des egouts pluviaux de Market Place et West Ballfield 13.5 Comite des finances : Reserves de capital necessaires pour le dragage de la lagune de Lancaster 13.6 Comite des finances : Systeme d'amarrage de la cale du marche 13.7 Comite des finances : Fonds communautaire du Conseil 14. Etude des sujets ecartes des questions soumises a I'approbation du Bureau 15. Correspondance generale 15.1 A. Pottle : Voies cyclables des rues Charlotte et Sydney (recommendation : recevoir pour information) 15.2 R. Collins : Contrat de fournisseur de services pharmaceutiques preferes de la Ville de Saint John (recommendation : recevoir pour information) 15.3 D. MacFarlane : Demande de mise en sourdine des sifflets de train en conformite avec I'arrete sur le bruit (recommandation : recevoir et classer la lettre et obtenir de I'administrateur en chef qu'il reponde au resident en ('informant de ('initiative du plan de travail.) 16.Ordre du jour supplementaire 17. Comite plenier 17.1 Resultats de la demande de manifestation d'interet concernant le terrain appartenant a la Ville situe au 160, avenue Thorne 17.2 Bail du marche de la ville avec Charlotte Street Bakery CI 17.3 Bail du marche de la ville avec Jo's Samosas 17.4 Scene a Ihtoli-magahamok (Market Slip) 18. levee de la seance COMMON COUNCIL / CONSEIL COMMUNAL February 20, 2024 / le 20 fevrier 2024 The City of Saint job n MINUTES — REGULAR MEETING COMMON COUNCIL OF THE CITY OF SAINT JOHN FEBRUARY 20, 2024 AT 6:00 PM 2ND FLOOR COMMON COUNCIL CHAMBER, CITY HALL An Electronic means of communication will be used at this meeting. The public may attend the meeting in person in the Council Chamber or view the meeting on the City's Website (www.saintjohn.ca) or on Rogers TV. Present: Mayor Donna Noade Reardon Deputy Mayor John MacKenzie Councillor -at -Large Gary Sullivan Councillor -at -Large Brent Harris Councillor Ward 1 Greg Norton Councillor Ward 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 -at -Large Brent Harris Councillor Ward 1 Joanna Killen Also Present: Chief Administrative Officer (CAO) B. McGovern General Counsel M. Tompkins Chief Financial Officer K. Fudge Commissioner Utilities & Infrastructure Services I. Fogan Fire Chief R. Nichol Commissioner Human Resources S. Hossack Commissioner Growth & Community Services A. Poffenroth Director External Relations L. Caissie Director Public Works & Transportation T. O'Reilly Director Legislative Services / City Clerk J. Taylor Deputy Clerk P. Anglin C.1 COMMON COUNCIL / CONSEIL COMMUNAL February 20, 2024 / le 20 fevrier 2024 1. Call to Order 1.1 Land Acknowledgement Councillor Stewart read aloud the Land Acknowledgement and called for a moment of reflection. "The City of Saint John/Menaquesk is situated is the traditional territory of the Wolastoqiyik/Maliseet.The Wolastoqiyik/Maliseet along with their Indigenous Neighbours, the Mi'Kmaq/Mi'kmaw and Passamaquoddy/Peskotomuhkati signed Peace and Friendship Treaties with the British Crown in the 1700s that protected their rights to lands and resources." 1.2 National Anthem The Saint John Symphony Youth Orchestra performed O Canada by video. 1.3 Heritage Awards 2023 Melissa Wakefield, Chair Heritage Development Board, announced the 2023 Heritage Award winners: Commercial Facade Rehabilitation Award 116 Prince William Street — Bryan Sonier 143 Charlotte Street — Jason Jenkins Residential Fagade Rehabilitation Award 217 Germain Street — Emily Teed 166-168 Prince William Street — Rehabitat Inc. 155-157 Orange Street — Philip Huggard Heritage Stewardship Award 87 Carleton Street — The Anglican Parish of St. Mark 126 Prince William Street — Government of Canada Heritage Signage Award 22 King Street - Scott Walton 177 Prince William Street — Chia Chi Zoe Tung Commitment to Craft Award SV Masonry Heritage Innovation Award Archwood Millwork 2 r� COMMON COUNCIL / CONSEIL COMMUNAL February 20, 2024 / le 20 fevrier 2024 The Mayor congratulated the 2023 Heritage Award winners stating, "These individuals and organizations have demonstrated the importance of valuing our past, contributing to our pride of place, and ensuring that the buildings and homes that shaped us remain available for future generations." 2. Approval of Minutes 2.1 Minutes of February 5, 2024 Moved by Deputy Mayor MacKenzie, seconded by Councillor Radwan: RESOLVED that the minutes of February 5, 2024 be approved. MOTION CARRIED. 3. Approval of Agenda Moved by Deputy Mayor MacKenzie, seconded by Councillor Hickey: RESOLVED that the agenda for February 20, 2024 be approved with the addition of 17.1 Lease of Ground Floor Space off Saint Patrick Street to Rock Solid Ventures Inc.; 17.2 Conditional Agreement of Purchase and Sale — 26-28 Retail Drive; 17.3 Strategy for Divestment of Four City Owned Properties; 17.4 City Market New Lease with the Wild Carrot; and that item 10.6 Street Closing By -Law — Retail Drive (3rd Reading) be brought forward on the agenda. MOTION CARRIED. 4. Disclosures of Conflict of Interest Following Item 4, the Mayor read item for item 10.6 Street Closing By -Law remainder of the meeting. The Deput Officer. 5. Consent Agenda y 7.1 Proclamation Heritage Week and was present — Retail Drive (31d Reading) then withdrew for the Mayor MacKenzie assumed duties as Presiding 5.1 RESOLVED that as recommended in the submitted report M&C 2024-046: Thorne Avenue Rail Crossing Safety Improvement — Federal Funding the City enter into the Agreement for Grade Crossing Improvements, generally in the form as attached to M&C 2024-46, with His Majesty the King In Right of Canada, as represented by the Minister of Transport for Canada, for the purpose of securing funding under the Rail Safety Improvement Program, and that the Mayor and Clerk be authorized to execute the said Agreement for Grade Crossing Improvements and any other documents ancillary thereto. 5.2 RESOLVED that as recommended in the submitted report M&C 2024-048: Proposed Public Hearing Date for 730-740 Foster Thurston Drive and 1670 Hickey Road Common Council schedule the public hearing for the Zoning Bylaw Rezoning application submitted by Murdock & Boyd Architects for 730-740 Foster Thurston Drive (PIDs: 00052746; 551150809; 55150791; and 00052654) and for the Section 59 Amendment Application submitted by Joyce E. Barrett for 1670 Hickey Road (PID: 55221790) for Tuesday, April 2, 2024 at 6:30 p.m. at the Council Chamber, City Hall 2nd floor, 15 Market Square, Saint John, NB. E:3 COMMON COUNCIL / CONSEIL COMMUNAL February 20, 2024 / le 20 fevrier 2024 5.3 RESOLVED that as recommended in the submitted report M&C 2024-042: Diversity, Equity, and Inclusion Policy Statement Common Council adopt the following Diversity, Equity, and Inclusion (DEI) Policy Statement pertaining to diversity, equity, and inclusion for the City of Saint John's workforce and volunteers acting on behalf of the City, The City of Saint John, as an Employer, values diversity, equity, and inclusion in the workplace. We strive to create a workplace where differences in background, experiences, and views are understood, respected, and accepted by all. We celebrate our differences and consider them to be organizational strengths. Further, Common Council directs the Chief Administrative Officer to develop and implement a workforce policy on diversity, equity, and inclusion with authorization to make changes to the policy as required. 5.4 RESOLVED that as recommended in the submitted report M&C 2024-044: Tender for Asphaltic Concrete Mixes the seasonal tender for the supply of asphaltic concrete mixes be awarded as follows: • Pre -Construction Season (April 22nd to May 2nd, 2024) — NRB Construction Company Ltd. • Construction Season (May 3rd to November 5th, 2024) — NRB Construction Company Ltd. • Post Construction Season (November 61", 2024 to plant close) — NRB Construction Company Ltd. 5.5 RESOLVED that as recommended in the submitted report M&C 2024-056: Fleet Replacement Procurement — February 2024 Common Council award the purchase of two (2) Tandem Refuse Packers at a total cost of $966,390.00 plus HST to Saunders Equipment Ltd. 5.6 RESOLVED that as recommended in the submitted report M&C 2024-030: Community Development Fund Agreement: City of Saint John — Millidgeville Boat Ramp Rehabilitation (Construction) the City enter into an agreement with the Regional Development Corporation (RDC) for funding to complete the construction of the Millidgeville Boat Ramp Rehabilitation Project in the form and upon the terms and conditions as attached to M&C No. 2024-030; and that the Mayor and City Clerk be authorized to execute the said Agreement. 5.7 RESOLVED that as recommended in the submitted report 2024-037: Contract No. 2023-13: St. Paul Street (Winter Street to End) — Water, Sanitary, and Storm Sewer Renewal and Street Reconstruction the contract be awarded to the lowest tenderer, Steele Trucking Ltd., at their tendered price of $808,352.83 (including HST) as calculated based on estimated quantities, and further that the Mayor and City Clerk be authorized to execute the necessary contract documents. 5.8 RESOLVED that the submitted report M&C 2024-047: Public Information Session: Garden Street (City Road to Coburg Street) — Infrastructure Renewal and Street Reconstruction be received for information. Moved by Councillor Sullivan, seconded by Councillor Stewart COMMON COUNCIL / CONSEIL COMMUNAL February 20, 2024 / le 20 fevrier 2024 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. 7. Proclamation 7.1 Heritage Week — February 19 to February 25, 2024 The Mayor proclaimed the week of February 19 to February 25, 2024 as Heritage Week in The City of Saint John. 8. Delegations / Presentations 8.1 Empowering Women in Business Project Manager Tania Valbuena and Executive Director Daniel Meza outlined the highlights of the Empowering Women in Business (EWB) 2-day conference March 16 and March 23, 2024. 9. Public Hearings — 6:30 p.m. 9.1 Public Hearing for Street Closure for portions of Red Head Road and Hewitt Road (1S1 and 2nd Reading) Manager of Real Estate, C. Langille introduced the proposed amendment to stop up and close a portion of Red Head Road and Hewitt Road as outlined in the submitted report. Deputy Mayor MacKenzie called the Public Hearing to order. The Acting Mayor called for members of the public to speak against the proposed amendment with no one presenting. The Acting Mayor called for members of the public to speak in favour of the proposed amendment with no one presenting. The Acting Mayor closed the public hearing Moved by Councillor Radwan, seconded by Councillor Sullivan: RESOLVED that the by-law entitled "By -Law Number L.G. 4-1 A By -Law respecting the Closing of Roads, Streets or Highways in The City of Saint John" regarding a portion of Red Head Road and Hewitt Road by adding thereto Section 10 immediately after Section 9 thereof, be read a first time. MOTION CARRIED. 5 iN COMMON COUNCIL / CONSEIL COMMUNAL February 20, 2024 / le 20 fevrier 2024 Read a first time by title, the by-law entitled, "By -Law Number L.G. 4-1 A By -Law respecting the Closing of Roads, Streets or Highways in The City of Saint John." Moved by Councillor Lowe, seconded by Councillor Norton: RESOLVED that the by-law entitled "By -Law Number L.G. 4-1 A By -Law respecting the Closing of Roads, Streets or Highways in The City of Saint John" regarding a portion of Red Head Road and Hewitt Road by adding thereto Section 10 immediately after Section 9 thereof, be read a second time. MOTION CARRIED. Read a second time by title, the by-law entitled, "By -Law Number L.G. 4-1 A By -Law respecting the Closing of Roads, Streets or Highways in The City of Saint John." 10. Consideration of By -Laws 10.1 Public Presentation — Proposed Municipal Plan Amendment — 901 Foster Thurston Drive Commissioner of Growth and Community Development A. Poffenroth advised of the public presentation regarding 901 Foster Thurston Drive for a proposed amendment to the Municipal Development Plan to include the site within the Primary Development Area to allow for the site to be serviced with municipal services. The Public Notice of the 30-day review period was read into the record. 10.2 Traffic By -Law Amendment — Sydney Street (Duke Street to Broad Street) (1st and 2nd Reading) Consideration was given to the submitted report M&C 2024-041: Sydney Street (Duke Street to Broad Street) — Traffic By -Law Amendment which recommends that the Saint John Traffic By-law be amended to remove the alternate side, on -street parking on Sydney Street from Duke Street to Broad Street and that this section of Sydney Street only permit parking on the west side of the street. This amendment to the Saint John Traffic By-law will allow for the installation of a northbound bike lane on the east side of the street. Moved by Councillor Stewart, seconded by Councillor Norton: RESOLVED that the by-law entitled "By -Law No. MV-10.1 A By -Law to Amend a By -Law respecting the Traffic on Streets in The City of Saint John and amendments thereto" amending Schedule "A-1"; Schedule "B"; Schedule "G"; and Schedule "N" regarding Sydney Street (Duke Street to Broad Street), be read a first time. MOTION CARRIED. Read a first time by title, the by-law entitled "By -Law No. 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 Lowe, seconded by Councillor Sullivan: RESOLVED that the by-law entitled "By -Law No. 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" 11 COMMON COUNCIL / CONSEIL COMMUNAL February 20, 2024 / le 20 fevrier 2024 amending Schedule "A-1"; Schedule "B"; Schedule "G"; and Schedule "N" regarding Sydney Street (Duke Street to Broad Street), be read a second time. MOTION CARRIED. Read a second time by title, the by-law entitled "By -Law No. 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." Councillor Ogden withdrew from the meeting. 10.3 Municipal Plan Amendment and Zoning By -Law Amendment with Section 59 Conditions — 1440 Loch Lomond Road (31d Readina) Moved by Councillor Sullivan, seconded by Councillor Norton: RESOLVED that the by-law entitled, "By -Law Number CP 106-31 A Law to Amend the Municipal Plan By -Law of The City of Saint John" amending Schedule A — City Structure, by redesignating a parcel of land with an area of approximately 3.68 hectares, located at 1440 Loch Lomond Road, also identified as PID 55094981, from Urban Reserve to Stable Area classification; and amending Schedule B — Future Land Use, by redesignating a parcel of land with an area of approximately 3.68 hectares, located at 1440 Loch Lomond Road, also identified as PID 55094981, from Urban Reserve to Stable Residential, be read. MOTION CARRIED. The by-law entitled "By -Law Number CP 106-31 A Law to Amend the Municipal Plan By - Law of The City of Saint John" was read in its entirety. Moved by Councillor Sullivan, seconded by Councillor Stewart: RESOLVED that the by-law entitled, "By -Law Number CP 106-31 A Law to Amend the Municipal Plan By -Law of The City of Saint John" amending Schedule A — City Structure, by redesignating a parcel of land with an area of approximately 3.68 hectares, located at 1440 Loch Lomond Road, also identified as PID 55094981, from Urban Reserve to Stable Area classification; and amending Schedule B — Future Land Use, by redesignating a parcel of land with an area of approximately 3.68 hectares, located at 1440 Loch Lomond Road, also identified as PID 55094981, from Urban Reserve to Stable Residential, be read a third time, enacted, and the Corporate Common Seal affixed thereto. MOTION CARRIED. Read a third time by title, the by-law entitled "By -Law Number CP 106-31 A Law to Amend the Municipal Plan By -Law of The City of Saint John." Councillor Ogden re-entered the meeting. Moved by Councillor Hickey, seconded by Councillor Stewart: RESOLVED that the by-law entitled, "By -Law Number CP 111-161 A Law to Amend the Zoning By -Law of The City of Saint John" rezoning a parcel of land having an area of approximately 3.68 hectares, located at 1440 Loch Lomond Road, also identified as PID 55094981, from Future Development (FD) to Mid -Rise Residential (RM); and rezoning a 12 COMMON COUNCIL / CONSEIL COMMUNAL February 20, 2024 / le 20 fevrier 2024 parcel of land having an area of approximately 6.42 hectares, located at 1440 Loch Lomond Road, also identified as a portion of PID 00313031, from Two -Unit Residential (R2) to Mid -Rise Residential (RM), be read. MOTION CARRIED. The by-law entitled, "By -Law Number CP 111-161 A Law to Amend the Zoning By -Law of The City of Saint John" was read in its entirety. Moved by Councillor Hickey, seconded by Councillor Norton: RESOLVED that Common Council, pursuant to the provisions of Section 59 of the Community Planning Act, impose the following conditions on the parcel of land having an area of approximately 10.1 hectares, located adjacent to 1440 Loch Lomond Road, also identified as PID Number 55094981 and a portion of PID Number 0031303 (a) The development and use of the parcel of land be in accordance with detailed building elevation and site plans, prepared by the proponent and subject to the approval of the Development Officer, illustrating the design and location of buildings and structures, garbage enclosures, outdoor storage, driveway accesses, vehicle, and bicycle parking, loading areas, landscaping, amenity spaces, signs, exterior lighting, and other such site features; (b) Exterior elevations of buildings within the development are to have a cohesive design incorporating elements including but not limited to similar colours, siding materials and door and window proportions and trim, subject to the approval of the Development Officer. (c) That a landscaping plan be prepared for the site by the proponent, for the approval of the Development Officer, demonstrating landscaping of the site and including the following elements: • Landscaping along the Loch Lomond Road and new Public Street frontage of the area of the site where the four multi -unit buildings will be located, which includes the planting of a minimum of one tree or shrub for every 45 square metres of required front yard, provided at least 50 percent of the required plants are trees. (d) The above elevation, landscaping, and site plans be attached to the permit application for the development of the parcel of land. (e) That any proposed changes to the development that would result in an increased sanitary sewage flow or water demands be reviewed by Saint John Water to determine that the sanitary sewer and water supply system have adequate capacity to accommodate any proposed change. (f) If any municipal infrastructure improvements are required to service this proposal, it will be the owner/developer's full responsibility and cost to complete. Prior to determining this, detailed engineering plans and a design brief must be submitted by the owner/developer's engineering consultant to the City for review and approval by the City. (g) That the developer provides a Wetland and Watercourse Alteration Permit, should one be required by the province, or written confirmation that one is not required, to the 13 COMMON COUNCIL / CONSEIL COMMUNAL February 20, 2024 / le 20 fevrier 2024 Development Officer at the time of Building Permit application for portions of the project that are within 30 metres of a watercourse or wetland. (h) That the developer be responsible for the costs associated with the installation of a crosswalk incorporating a Rectangular Rapid Flashing Beacon (RRFB) at the intersection of Loch Lomond Road and the proposed new Public Street serving the development. MOTION CARRIED. Moved by Councillor Radwan, seconded by Councillor Sullivan: RESOLVED that the by-law entitled, "By -Law Number CP 111-161 A Law to Amend the Zoning By -Law of The City of Saint John" rezoning a parcel of land having an area of approximately 3.68 hectares, located at 1440 Loch Lomond Road, also identified as PID 55094981, from Future Development (FD) to Mid -Rise Residential (RM); and rezoning a parcel of land having an area of approximately 6.42 hectares, located at 1440 Loch Lomond Road, also identified as a portion of PID 00313031, from Two -Unit Residential (R2) to Mid -Rise Residential (RM), be read a third time, enacted, and the Corporate Common Seal affixed thereto MOTION CARRIED. Read a third time by title, the by-law entitled, "By -Law Number CP 111-161 A Law to Amend the Zoning By -Law of The City of Saint John." Moved by Councillor Sullivan, seconded by Councillor Radwan: RESOLVED that Common Council assent to one or more subdivision plans, in one or more phases in general accordance with the site design for the proposed development with respect to the vesting of the new Public Street serving the site from Loch Lomond Road and any Local Government Services Easements to be determined during detailed design, including those for the relocation of the trunk sanitary sewer. MOTION CARRIED. Moved by Councillor Radwan, seconded by Councillor Norton: RESOLVED that Common Council accept money -in -lieu of Land for Public Purposes for the proposed subdivision and any future subdivision related to the proposed townhouse development or the subdivision of the proposed multiple unit buildings onto individual lots. MOTION CARRIED. 10.4 Zoning By -Law Amendment with Section 59 Conditions — 172 City Line (3rd Reading) Moved by Councillor Norton, seconded by Councillor Sullivan: RESOLVED that the by-law entitled, "By -Law Number CP 111-160 A Law to Amend the Zoning By -Law of The City of Saint John" amending Schedule "A", the Zoning Map of The City of Saint John, by rezoning a parcel of land having an area of approximately 6174 square metres, located at 172 City Line, also identified as PIDs 00365247, 00364877, 55087175, 55087183, and 55087191, from Integrated Development (ID) to Mid -Rise Residential (RM), be read. 14 COMMON COUNCIL / CONSEIL COMMUNAL February 20, 2024 / le 20 fevrier 2024 MOTION CARRIED. The by-law entitled "By -Law Number CP 111-160 A Law to Amend the Zoning By -Law of The City of Saint John" was read in its entirety. Moved by Councillor Sullivan, seconded by Councillor Lowe: RESOLVED that Common Council rescind the conditions imposed on May 3, 2016, rezoning of the property located at 172 City Line, also identified as PID Numbers 00365247, 00364877, 55087175, 55087183, and 55087191. MOTION CARRIED. Moved by Councillor Hickey, seconded by Councillor Ogden: RESOLVED that Common Council, pursuant to the provisions of Section 59 of the Community Planning Act, impose the following conditions on the parcel of land having an area of approximately 6174 square meters, located at 172 City Line, also identified as PI Ds 00365247, 00364877, 55087175, 55087183, and 55087191, respectively. a) Any development of the site shall be in accordance with a detailed landscaping plan, to be prepared by the proponent and subject to the approval of the Development Officer. This detailed landscaping plan must include the following: i. Landscaping along the City Line frontage including the retention of the existing mature tree if possible; 1. Landscaping along City Line Frontage shall include the planting of one tree or shrub for every 45 square metres of required yard provided at least 50 percent of the required plants are trees. ii. Landscaping and/or alternative screening along the boundaries of the site, including along boundaries abutting residential properties. MOTION CARRIED. Moved by Councillor Stewart, seconded by Councillor Norton: RESOLVED that the by-law entitled, "By -Law Number CP 111-160 A Law to Amend the Zoning By -Law of The City of Saint John" amending Schedule "A", the Zoning Map of The City of Saint John, by rezoning a parcel of land having an area of approximately 6174 square metres, located at 172 City Line, also identified as PIDs 00365247, 00364877, 55087175, 55087183, and 55087191, from Integrated Development (ID) to Mid -Rise Residential (RM), be read a third time, enacted, and the Corporate Common Seal affixed thereto. MOTION CARRIED. Read a third time by title, the by-law entitled "By -Law Number CP 111-160 A Law to Amend the Zoning By -Law of The City of Saint John." 10.5 Vehicles for Hire By -Law Amendment (31d Reading) Moved by Councillor Lowe, seconded by Councillor Sullivan: 10 15 COMMON COUNCIL / CONSEIL COMMUNAL February 20, 2024 / le 20 fevrier 2024 RESOLVED that the by-law entitled "By -Law No. M-12 A By -Law respecting the Regulation and Licensing of Owners and Operators of Vehicles for Hire in The City of Saint John" be amended by repealing and replacing Section 10(1)(i) paragraph(iii) with "in 2020 and all subsequent years, ten (10) years old or newer", be read. MOTION CARRIED. The by-law entitled "By -Law No. M-12 A By -Law respecting the Regulation and Licensing of Owners and Operators of Vehicles for Hire in The City of Saint John" was read in its entirety. Moved by Councillor Lowe, seconded by Councillor Stewart: RESOLVED that the by-law entitled "By -Law No. M-12 A By -Law respecting the Regulation and Licensing of Owners and Operators of Vehicles for Hire in The City of Saint John" be amended by repealing and replacing Section 10(1)(i) paragraph(iii) with "in 2020 and all subsequent years, ten (10) years old or newer", be read a third time, enacted, and the Corporate Common Seal affixed thereto. MOTION CARRIED. Read a third time by title, the by-law entitled "By -Law No. M-12 A By -Law respecting the Regulation and Licensing of Owners and Operators of Vehicles for Hire in The City of Saint John." 10.6 Street Closing By -Law — Retail Drive (31d Reading) Moved by Councillor Sullivan, seconded by Deputy Mayor MacKenzie: RESOLVED that the by-law entitled "By -Law Number L.G. 4.1 A By -Law respecting the Closing of Roads, Streets or Highways in The City of Saint John," regarding portions of Retail Drive by adding thereto section 9 immediately after section 8 thereof; and also adding Section 9(2) which states that Section 9(1) above shall come into force on a date to be set by resolution of Council, be read. MOTION CARRIED. The by-law entitled "By -Law Number L.G. 4.1 A By -Law respecting the Closing of Roads, Streets or Highways in The City of Saint John" was read in its entirety. Moved by Councillor Ogden, seconded by Deputy Mayor MacKenzie: RESOLVED that the by-law entitled "By -Law Number L.G. 4.1 A By -Law respecting the Closing of Roads, Streets or Highways in The City of Saint John," regarding portions of Retail Drive by adding thereto section 9 immediately after section 8 thereof; and also adding Section 9(2) which states that Section 9(1) above shall come into force on a date to be set by resolution of Council, be read a third time, enacted, and the Corporate Common Seal affixed thereto. MOTION CARRIED. Read a third time by title, the by-law entitled "By -Law Number L.G. 4.1 A By -Law respecting the Closing of Roads, Streets or Highways in The City of Saint John." 11 COMMON COUNCIL / CONSEIL COMMUNAL February 20, 2024 / le 20 fevrier 2024 11. Submissions by Council Members 12. Business Matters — Municipal Officers 13. Committee Reports 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 16. Supplemental Agenda 17. Committee of the Whole 17.1 Lease of Ground Floor Space off Saint Patrick Street to Rock Solid Ventures Inc. Moved by Councillor Radwan, seconded by Councillor Hickey: RESOLVED that as recommended by the Committee of the Whole, having met on February 20, 2024, Common Council approve that The City of Saint John enter into the Lease Agreement with Rock Solid Ventures Inc., generally in the form as presented to Committee of the Whole at its February 20, 2024 meeting, for the lease of a 4.32 square meter (46.5 square foot) portion of PID 39206 off Saint Patrick Street, and further that the Mayor and City Clerk be authorized to execute the said Lease Agreement. MOTION CARRIED. Having declared a conflict of interest Councillors Radwan and Stewart withdrew from the meeting. 17.2 Conditional Aareement of Purchase and Sale — 26-28 Retail Drive Moved by Councillor Sullivan, seconded by Councillor Hickey: RESOLVED that as recommended by the Committee of the Whole, having met on February 20, 2024, Common Council approve that the City enter into an Agreement of Purchase and Sale generally in the form as presented to Committee of the Whole at its meeting held February 20, 2024, with Carl Ellemburg, for the purchase of the lands and buildings located at 26-28 Retail Drive, bearing PID 309005, and that the Mayor and Clerk be authorized to execute the said Agreement of Purchase and Sale and any other documents necessary to effect the transaction. MOTION CARRIED. Councillor Radwan re-entered the meeting. 17.3 Strategy for Divestment of Four City Owned Properties Moved by Councillor Sullivan, seconded by Councillor Lowe: RESOLVED that as recommended by the Committee of the Whole, having met on February 20, 2024, Common Council approve that the City declare the following underutilized properties, as surplus to its needs: 12 17 COMMON COUNCIL / CONSEIL COMMUNAL February 20, 2024 / le 20 fevrier 2024 • 400 Lowell Street (PID 00394940); • 608 Millidge Avenue (PID 55221709); and • 100 Boars Head Road (PIDs 0042622 and 00042614). MOTION CARRIED. Councillor Stewart re-entered the meeting. Moved by Councillor Lowe, seconded by Councillor Hickey: RESOLVED that as recommended by the Committee of the Whole, having met on February 20, 2024, Common Council approve that the City declare the following underutilized property, as surplus to its needs: • 1671 Sandy Point Road (PID 00418129) MOTION CARRIED with Councillors Sullivan, Radwan and Ogden voting nay stating that the property located at 1671 Sandy Point Road is a portion of City lands on Harrigan Lake and Rockwood Park and cannot be voted surplus to the City's needs. 17.4 City Market New Lease with the Wild Carrot Moved by Councillor Sullivan, seconded by Councillor Stewart: RESOLVED that as recommended by the Committee of the Whole, having met on February 20, 2024, Common Council approve the following: NOW THEREFORE BE IT RESOLVED that the city terminate the current lease with A Whale of a Cafe, dba The Wild Carrot, under previous resolution from M&C 2020-240 for stall "D" and ancillary spaces in the City Market, with such termination to take effect only upon the completion of the ongoing construction in stalls "E and F"; and FURTHER BE IT RESOLVED that the city enter into a lease generally in the form as presented to Committee of the Whole at its meeting held February 20, 2024, for stalls "E and F" and ancillary spaces in the City Market with A Whale of a Cafe, dba The Wild Carrot; and FURTHER BE IT RESOLVED that the Mayor and City Clerk be authorized to execute any necessary documents. MOTION CARRIED. 18. Adjournment Moved by Councillor Lowe, seconded by Councillor Norton: RESOLVED that the meeting of Common Council held on February 20, 2024, be adjourned. MOTION CARRIED. The Mayor declared the meeting adjourned at 7:25 p.m 13 iF:3 COMMON COUNCIL / CONSEIL COMMUNAL February 20, 2024 / le 20 fevrier 2024 14 COMMON COUNCIL REPORT M&C No. 2024-063 Report Date February 26, 2024 Meeting Date March 04, 2024 Service Area Growth and Community Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT. Designation of a By-law Enforcement Officer AUTHORIZATION Primary Author Commissioner/Dept. Head Chief Administrative Officer Benn Purinton Amy Poffenroth J. Brent McGovern RECOMMENDATION It is recommended that Common Council adopt the attached resolution appointing Lauren Williams as a by-law enforcement officer for various City By- laws. EXECUTIVE SUMMARY The purpose of this report is to designate Lauren Williams, Temporary Community Standards Coordinator, as a by-law enforcement officer for the various by-laws which are enforced by the Growth and Community Services department. In doing so, Mrs. Williams will be authorized to: • Issue Orders to Comply and Notices to Comply with respect to enforcement of by-laws that fall within the scope of the Local Governance Act, the Community Planning Act and the Building Code Administration Act; • Lay informations in Provincial Court with respect to enforcement of by- laws that fall within the scope of the Local Governance Act, the Community Planning Act and the Building Code Administration Act; and • Conduct inspections pertaining to enforcement of by-laws that fall within the scope of the Local Governance Act, the Community Planning Act and the Building Code Administration Act. PREVIOUS RESOLUTION N/A 491 -2- REPORT In 2023, Common Council approved a recommendation to increase resources dedicated to the City's Community Standards Program. As a result, Lauren Williams has been hired as the Temporary Community Standards Coordinator to work with existing staff to address Community Standards cases. These cases primarily consist of unsightly premises and zoning by-law violations. By addressing these concerns, the Community Standards Program positively impacts community pride, neighbourhood safety and citizens' quality of life. It is necessary to designate Lauren Williams as a by-law enforcement officer by adopting the attached resolution so that she may carry out her duties. By adopting the attached resolution, Mrs. Williams will be authorized as a by-law enforcement officer under the Saint John Unsightly Premises and Dangerous Buildings Structures By-law, the Building By-law and the Zoning By-law. STRATEGIC ALIGNMENT Enforcement of the City's by-laws aligns with Council's Grow and Belong priorities. SERVICEAND FINANCIAL OUTCOMES N/A INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS N/A ATTACHMENTS Resolution appointing Lauren Williams as a by-law enforcement officer. 21 COMMON COUNCIL / CONSEIL COMMUNAL March 4, 2024 / le 4 mars 2024 RESOLVED, that as recommended by the Chief Administrative Officer, the following resolution be adopted: 1. WHEREAS the Common Council of The City of Saint John has enacted certain by- laws pursuant to the authority of the Local Governance Act, S.N.B. 2017 c.18, and amendments thereto (the "Local Governance Act"), including the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law, By-law Number M-30, and amendments thereto (the "Saint John Unsightly Premises and Dangerous Buildings and Structures By-law"), and it may from time to time be necessary to commence proceedings in the Provincial Court of the Province of New Brunswick, when a person has violated or failed to comply with the said By- law; AND WHEREAS section 72 of the Local Governance Act provides that a council may appoint by-law enforcement officers for the local government and may determine their terms of office; AND WHEREAS subsections 132(1) and 132(2) of the Local Governance Act provide that an officer appointed by council may notify the owner or occupier of premises, a building or structure by notice in the form prescribed by regulation when a condition exists pursuant to subsections 131(1), 131(2) or 131(3) of the said Act; AND WHEREAS subsection 150(1) of the Local Governance Act provides that proceedings for breach of a by-law shall be commenced in the name of the clerk of the local government or such other person as is designated for that purpose by the council; NOW THEREFORE BE IT RESOLVED, that Lauren Williams is hereby appointed as a by-law enforcement officer with respect to the enforcement of the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law, effective immediately, and this appointment shall continue until they cease to be an employee of the Growth and Community Services department of The City of Saint John or until it is rescinded by Common Council, whichever comes first; AND BE IT FURTHER RESOLVED, that Lauren Williams is hereby appointed and authorized to notify owners and occupiers with respect to premises, buildings or structures that are unsightly; buildings or structures that are a hazard to the safety of the public by reason of being vacant or unoccupied; buildings or structures that are a hazard to the safety of the public by reason of dilapidation or unsoundness of structural strength, as set out in the WA COMMON COUNCIL / CONSEIL COMMUNAL March 4, 2024 / le 4 mars 2024 Saint John Unsightly Premises and Dangerous Buildings and Structures By-law, effective immediately, and this appointment and authorization shall continue until they cease to bean employee of the Growth and Community Services department of The City of Saint John or until it is rescinded by Common Council, whichever comes first; AND BE IT FURTHER RESOLVED, that Lauren Williams is hereby designated and authorized to lay informations in the Provincial Court of the Province of New Brunswick for breach of the SaintJohn Unsightly Premises and Dangerous Buildings and Structures By-law, effective immediately, and this designation and authorization shall continue until they cease to be an employee of the Growth and Community Services department of The City of Saint John or until it is rescinded by Common Council, whichever comes first. 2. WHEREAS the Common Council of The City of Saint John has enacted certain by- laws pursuant to the authority of the Local Governance Act, S.N.B. 2017 c.18, and amendments thereto (the "Local Governance Act"), including the Saint John Unsightly Premises and Dangerous Buildings and Structures By- law, By-law Number M-30 and amendments thereto (the "Saint John Unsightly Premises and Dangerous Buildings and Structures By-law"), and it may from time to time be necessary to make inspections for the administration and enforcement of the By- law; AND WHEREAS section 72 of the Local Governance Act provides that a council may appoint by-law enforcement officers for the local government and may determine their terms of office; AND WHEREAS subsection 144(2) of the Local Governance Act provides that a council may authorize officers enter the land, building or other structure at any reasonable time, and carry out the inspection after giving reasonable notice to the owner or occupant of the land, building or other structure to be entered; NOW THEREFORE BE IT RESOLVED, that Lauren Williams, by-law enforcement officer, is hereby appointed as an inspection officer and authorized to enter at all reasonable times upon any property within the territorial boundaries of the City of Saint John for the purpose of making any inspection that is necessary for the administration and enforcement of the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law which received first and second reading by Common Council on May 22, 2018 and third reading on June 4, 2018, being enacted upon 2 W COMMON COUNCIL / CONSEIL COMMUNAL March 4, 2024 / le 4 mars 2024 approval by the Minister of Local Government, and/or the Local Governance Act effective immediately, and this authorization shall continue until they cease to be an employee of the Growth and Community Services department of The City of Saint John or until rescinded by Common Council, whichever comes first. 3. WHEREAS subsection 135(4) of the Local Governance Act, S.N.B. 2017 c.18, and amendments thereto, provides that within thirty days after the terms of a notice have been complied with or a debt due to a local government or due to the Minister of Finance, as the case may be, is discharged, the local government shall provide a certificate in the form prescribed by regulation which requires that the corporate seal of the local government be affixed; NOW THEREFORE BE IT RESOLVED, that Jonathan A. Taylor, City Clerk, is hereby authorized to affix the corporate seal of The City of Saint John to a Certificate of Discharge that is issued by Lauren Williams under the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law, and such authorization shall continue until Jonathan A. Taylor ceases to be the City Clerk of The City of Saint John or until it is rescinded by Common Council, whichever comes first. 4. WHEREAS, the Common Council of The City of Saint John has enacted certain bylaws pursuant to the authority of the Community Planning Act, S.N.B 2017, c. 19, and amendments thereto, (the "Community Planning Act"), including The Zoning By-law, By-law Number C.P. 110, including all amendments thereto, and it may from time to time be necessary to commence proceedings in the Provincial Court of the Province of New Brunswick, when a person has contravened or failed to comply with these By-laws; AND WHEREAS paragraph 137(a) of the Community Planning Act provides that no person shall violate or fail to comply with a provision of a by-law made under this Act; AND WHEREAS section 139 of the Community Planning Act provides that proceedings for an offence under this Act shall be commenced in the name of the Minister or the clerk of the local government or any other person who is designated for that purpose by the council; NOW THEREFORE BE IT RESOLVED, that Lauren Williams is hereby designated and authorized to lay informations in the Provincial Court of the Province of New Brunswick for breach of The Zoning By-law, effective immediately, and this appointment and authorization shall continue until they cease to be an employee of the Growth and Community Services department of The City of 3 COMMON COUNCIL / CONSEIL COMMUNAL March 4, 2024 / le 4 mars 2024 Saint John or until it is rescinded by Common Council, whichever comes first. 5. WHEREAS the Common Council of The City of Saint John has enacted a by-law pursuant to the authority of the Building Code Administration Act, S.N.B. 2020, c. 8, and amendments thereto, (the "Building Code Administration Act"), namely the Building By-law, By-law Number BC-1 and amendments thereto (the "Building Bylaw"), and it is necessary to appoint building inspectors, acting building inspectors, deputy building inspectors and city inspectors for the administration and enforcement of this By-law; NOW THEREFORE BE IT RESOLVED, that Lauren Williams is hereby appointed as a city inspector, effective immediately, and this appointment shall continue until they cease to be an employee of the Growth and Community Services department of The City of Saint John or until rescinded by Common Council, whichever comes first. 6. WHEREAS the Common Council of The City of Saint John has enacted certain by- laws pursuant to the authority of the Building Code Administration Act, S.N.B 2020, c. 8, and amendments thereto, (the "Building Code Administration Act") includingthe Building By-law, By-law Number BC-1, and amendments thereto, and it may from time to time be necessary to make orders for the administration of these By-laws; AND WHEREAS subsection 134(1) of the Building Code Administration Act provides that a council may authorize persons to, when a development is undertaken in violation of the Building Code Administration Act, a by-law or regulation under the Building Code Administration Act, a by-law or terms and conditions imposed on the development, order the cessation of the development, alteration of such development so as to remove the violation, or the doing of anything required to restore the land, building or structure to its condition immediately prior to the undertaking of such development; NOW THEREFORE BE IT RESOLVED, that Lauren Williams is hereby authorized to, when a development is undertaken in violation of the Building Code Administration Act, the Building By-law or the terms and conditions imposed on the development, order the cessation of the development, alteration of such development so as to remove the violation, or the doing of anything required to restore the land, building or structure to its condition immediately prior to the undertaking of such development, effective immediately, and this authorization shall continue until they cease to be an employee of Growth and Community Services of The City 4 OR COMMON COUNCIL / CONSEIL COMMUNAL March 4, 2024 / le 4 mars 2024 of Saint John or until rescinded by Common Council, whichever comes first. 7. WHEREAS the Common Council of The City of Saint John has enacted certain by- laws pursuant to the authority of the Building Code Administration Act, S.N.B 2020, c. 8, and amendments thereto (the 'Building Code Administration Act"), including the Building By-law, By-law Number BC-1, and amendments thereto, and it may from time to time be necessary to commence proceedings in the Provincial Court of the Province of New Brunswick, when a person has violated or failed to comply with the said By-law; AND WHEREAS paragraph 137(a) of the Building Code Administration Act provides that no person shall violate or fail to comply with a provision of a by-law made under this Act; AND WHEREAS section 139 of the Building Code Administration Act provides that proceedings for an offence under this Act shall be commenced in the name of the Minister or the clerk of the local government or any other person who is designated for that purpose by the council; NOW THEREFORE BE IT RESOLVED, that Lauren Williams is hereby designated and authorized to lay informations in the Provincial Court of the Province of New Brunswick for breach of the Saint John Building By-law, effective immediately, and this appointment and authorization shall continue until they cease to be an employee of Growth and Community Services of The City of Saint John or until it is rescinded by Common Council, whichever comes first 5 41.1 COMMON COUNCIL REPORT M&C No. 2024-059 Report Date February 27, 2024 Meeting Date March 04, 2024 Service Area Growth and Community Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT. 181-183 Union Street — Removal of Land Use Agreement AUTHORIZATION Primary Author Commissioner/Dept. Head Chief Administrative Officer Christopher McKiel Amy Poffenroth J. Brent McGovern RECOMMENDATION That the City execute a Discharge in favour of VNB Enterprises, owners of 181-183 Union Street, Saint John (PID # 0012187), to remove the land use agreement registered on January 28, 2000 as Document Number 10795590 on page 533 of Book 2096 in the Registry Office of the City and County of Saint John and that the Mayor and Clerk be authorized to execute the said Discharge and any other document necessary to effect the transaction. EXECUTIVE SUMMARY The land use agreement pertaining to the property at 181-183 Union Street, Saint John, imposes restrictions on the use of the second -floor premises as apartments if the adjoining property owner at 185 Union Street erects a building that obstructs the intended use of the bedroom windows. This agreement poses significant challenges for the current owner seeking to renovate and reoccupy the building, hindering their ability to secure necessary loans and funding. However, existing legislation, such as the Fire Prevention Act and the Minimum Property Standards By-law, already provide mechanisms to address concerns related to bedroom windows that do not meet egress requirements. Discharging the land use agreement would facilitate the renovation and occupancy of the building, contributing to the revitalization of the area. PREVIOUS RESOLUTION N/A REPORT The property at 181-183 Union Street, Saint John, is subject to a land use agreement entered into on January 28, 2000, between the City of Saint John and the previous owner. This agreement stipulates that the use of the second -floor premises as apartments will be discontinued if the adjoining property owner at WA -2- 185 Union Street erects a building that obstructs the use of bedroom windows as a means of egress. Upon consultation with General Counsel, Real Estate and Community Planning, a resolution of Council which would have authorized the City to enter into the said agreement in January 2000 could not be found. Despite that, a resolution of Council is required at this time to obtain the signatories which would enable the removal. The current owner of the property at 181-183 Union Street is seeking to renovate and reoccupy the building. However, the presence of the land use agreement poses a significant obstacle to obtaining the necessary loans and funding for the renovation project. The agreement creates uncertainty and risk for potential lenders, impacting the feasibility of the renovation and potentially jeopardizing the revitalization efforts for the building. Existing legislation, such as the Fire Prevention Act and the Minimum Property Standards By -low, already addresses concerns related to bedroom windows that do not meet egress requirements. These regulations provide mechanisms for the City to address safety concerns and ensure compliance with egress and exiting requirements, includingthe abilityto restrict occupancy to the building and obtain fines in Provincial Court. Discharging the land use agreement would remove an unnecessary barrier to the renovation and occupancy of the building at 181-183 Union Street. It would enable the current owner to proceed with their plans to revitalize the building, contributing to the overall improvement of the neighborhood and supporting the City's objectives to increase density through the inhabitance of currently unoccupied dwelling units. STRATEGIC ALIGNMENT Discharging the land use agreement pertaining to the property at 181-183 Union Street, Saint John, would facilitate the renovation and occupancy of the building and aligns directly with Common Council's priorities of Grow and Belong. SERVICEAND FINANCIAL OUTCOMES N/A INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The office of the General Counsel has been involved throughout the process and is supportive of the recommendation to discharge the land use agreement. Both Real Estate and Community Planning have also provided input. 4.11 -3- ATTACHMENTS 181-183 Union Street — Land Use Agreement — January 7, 2000 Form 17 Discharge and Affidavit of Corporate Execution Wee u /02 7,s�? 0 � THIS DECLARATION AND AGREEMENT made the / �7 day of January 2000, BETWEEN: HIGH PERFORMANCE CONSULTING LTD., a duly incorporated company under the laws of the Province of New Brunswick, (hereinafter called the "property owner"), -and- CITY OF SAINT JOHN, (hereinafter called the "City"). vr.�t�Vf UFFiCER QF SAINT J014N WHEREAS the "property owner" is the legal owner of lands and premises located at 181-183 Union Street, in the City of Saint John, in the County of Saint John, in the Province of New Brunswick, by virtue of a deed dated February 23, 1995 and registered in the Saint John County Registry Office on February 24, 1995 in book 1756 at page 164 as number 398949; AND WHEREAS the property owner is desirous of making certain improvements to the said lands and premises at 181-183 Union Street, Saint John; AND WHEREAS the "City" requires certain agreements from the property owner concerning the use of the said lands and premises; WITNESS THAT for and in consideration of, inter alia, the granting of all required permits, it is hereby declared and agreed by the property owner that the use of the second floor premises of 181-183 Union Street, Saint John, New Brunswick, as apartments, will be discontinued if the adjoining property owner of the premises at 185 Union Street, Saint John, New Brunswick, erects a building which would obstruct the intended use of the bedroom windows in the said apartments at 181-183 Union Street, Saint John, New Brunswick. The Declaration and Agreement shall inure to the benefit of and pass with any interest of any subsequent owner, their heirs, administrators, successors and assigns of the said property. IN WITNESS WHEREOF, the undersigned has executed this Declaration and Agreement this 7q4l day of January, 2000. HIGH P RFOe1CON§�tTD. P r: Pr ident 30 533 PROVINCE OF NEW BRUNSWICK COUNTY OF SAINT JOHN I, MICHAEL GALLAGHER, of the Town of Hampton, in the County of Kings and Province of New Brunswick, MAKE OATH AND SAY:- 1. I amthePresident ofHIGH PERFORMANCE CONSULTING LTD.., a Company duly incorporated under the laws of the Province of New Brunswick, and having its Head Office at Saint John, in the County of Saint John and Province of New Brunswick, 2. The seal affixed to the foregoing Declaration and Agreement purporting to be the corporate seal ofHIGH PERFORMANCE CONSULTING LTD., is the corporate seal of that company and was so affixed by order of the Board of Directors of the said Company. 3. The signature "MICHAEL GALLAGHER" subscribed to the said Declaration and Agreement as President is my signature and in my own proper handwriting. 4. The President of the said Company is an officer of the said company duly authorized to execute the said Declaration and Agreement on its behalf. SWORN TO at the City of Saint John, in the County of Saint John and Province of New Brunswick, this % y It.day of January, A.D., 2000, BEFORE ME: A CONIMISSIONER OF OA Being a Solicitor 'Artity that this instrument +gisterad or filed in the nt John County Registry :co, New Brunswick !AW 2 8 2W J'atteste que cot instrument est enregistr6 ou d6pos6 au bureau d'enregistrement du comtb de Saint John, Nouveau -Brunswick 9 �f6 date Lei re number- k•livre page lkpU iatrlr- Cbnservatdar Adjoi 31 534 RELEASE OF AN INTEREST Parcel Identifier: 12187 Releasor: The City of Saint John 15 Market Square Saint John, NB E2L 4L 1 Releasee: VBN Enterprises Inc. Abbey St. Andrew 181 Charlotte Street Unit 320 Saint John, NB E2L OC7 Registration Particulars to be Released: Agreement re: Use of Land County: Saint John Registered: 2000-01-28 Number: 10795590 Book: 2096 Page: 533 The releasor discharges and releases to the releasee and the releasee's successor in title, being the specified parcel, and directs the registrar to enter upon the title register a discharge of the specified instrument with respect to the specified parcel. Date: March 12024 The City of Saint John: Donna Reardon, Mayor Jonathan Taylor, City Clerk 32 Form 45 AFFIDAVIT OF CORPORATE EXECUTION Land Titles Act, S.N.B. 1981, c.L-1.1, s. 55 Deponent: Jonathan Taylor Office held by Deponent: City Clerk Corporation: City of Saint John Other Officer who executed the Instrument: Donna Noade Reardon Office Held by Other Officer who executed the instrument: Mayor Place of Execution: Saint John, New Brunswick Date of Execution: March 12024 I, Jonathan Taylor, the deponent, make oath and say: 1. That I hold the office specified above in the corporation specified above, and am authorized to make this affidavit and have personal knowledge of the matters hereinafter deposed to; 2. That the attached instrument was executed by me and the other officer specified above as the officers duly authorized to execute the instrument on behalf of the corporation; 3. That the seal of the corporation was affixed to the instrument by the Board of Directors of the corporation. 4. That the instrument was executed at the place and on the date specified above; 5. That the ownership of a share of the Corporation does not entitle the owner thereof to occupy the parcel described in the attached instrument as a marital home; 6. The Corporation is not a non-resident of Canada within the meaning of the Income Tax Act (Canada). SWORN TO at the City of Saint John, in the County of Saint John and Province of New Brunswick, this day of March, 2024. BEFORE ME: COMMISSIONER OF OATHS Being a Solicitor Jonathan Taylor 33 PLANNING ADVISORY COMMITTEE February 22, 2024 The City of Saint John Her Worship Mayor Donna Noade Reardon and Members of Common Council Your Worship and Councillors: SUBJECT: Street Vesting 469 Rothesay Avenue (PIDs 55198832, and 00307033 (portion)) The Committee considered the attached report at its February 21, 2024, meeting. Mr. Curtis Langille of the City of Saint John., the applicant, appeared before the Committee and was in agreement with the Staff recommendation. No other persons appeared before the Committee and no letters were received regarding the application. Following consideration of the presentations, and Staff report, the Committee unanimously adopted the Staff Recommendation. RECOMMENDATION: That Common Council assent to the attached subdivision plan (Trivirtus & City of Saint John Subdivision) with respect to the proposed vesting of the Ashburn Lake Road and Rothesay Avenue public street right-of-way. Respectfully submitted, Brad Mitchell Chair Attachments Page 1 of 1 34 The City of Saint john Date: February 15, 2024 To: Planning Advisory Committee From: Growth & Community Services Meeting: February 21, 2024 SUBJECT Applicant: City of Saint John Landowner: Trivirtus GP Inc. Partner of Trivirtus Real Estate Fund LP Location: 469 Rothesay Avenue PID: 55198832, and 00307033 (portion) Plan Designation: Commercial Corridor Zoning: Commercial Corridor (CC) Application Type: Subdivision Jurisdiction: The Community Planning Act authorizes the Planning Advisory Committee to advise Common Council concerning the vesting of public streets. EXECUTIVE SUMMARY The application involves vesting a parcel of land and a portion of a second parcel of land as a Public Street. Approval of the application is recommended. RECOMMENDATION That Common Council assent to the attached subdivision plan (Trivirtus & City of Saint John Subdivision) with respect to the proposed vesting of the Ashburn Lake Road and Rothesay Avenue public street right-of-way. Page 1 of 3 35 City of Saint John 469 Rothesay Avenue February 15, 2024 DECISION HISTORY There are no relevant planning decisions related to the application. ANALYSIS Proposal The subject properties are located at the Ashburn Lake Road/Rothesay Avenue intersection. The area is part of a commercial neighbourhood which features a mix of automobile oriented commercial uses along Rothesay Avenue. The attached plans illustrate a parcel of land (PID 55198832) and a portion of an adjacent parcel (PID 00307033) to be vested as a Public Street to support the Retail Drive/ Ashburn Lake Road/Rothesay Avenue intersection realignment. The proposed realignment project, which is still subject to detailed engineering design, will see the existing Ashburn Lake Road approach widened along the western edge of the intersection and the Retail Drive approach realigned to the west to develop a four -leg intersection. Widening of the Ashburn Lake Road approach is specifically at the intersection along the western side of the approach to accommodate turning radii of larger trucks. The subject parcels contain developed and landscaped portions of a site containing a vehicle repair garage. Vesting of public streets requires the assent of Common Council, and a recommendation from the Planning Advisory Committee. Approval of the proposal is recommended. Staff note the application is of an administrative nature to support an intersection realignment project. Required variances related to reduced landscaping will be processed by the Development Officer. Conclusion The application seeks to formally vest lands as a Public Street for a future intersection realignment. Approval of the application is recommended. ALTERNATIVES AND OTHER CONSIDERATIONS No other alternatives were considered. ENGAGEMENT In accordance with the Committee's Rules of Procedure, notification of the proposal was mailed to landowners within 100 metres of the subject property on February 5, 2024. APPROVALS AND CONTACT Author I Manager Mark Reade, P.Eng., MCIP, RPP I Jennifer Kirchner, MCIP, RPP Page 2 of 3 36 City of Saint John 469 Rothesay Avenue February 15, 2024 Contact: Mark Reade Telephone: (506) 721-0736 Email: Mark. ReadeCa)-saintiohn.ca Application: 24-003 APPENDIX Map 1: Aerial Photography Map 2: Future Land Use Map 3: Zoning Attachment 1: Site Photos Submission 1: Tentative Plan of Subdivision Page 3 of 3 37 O _r_ n Q i N N Q m O ry OF) CO It I%L leg- t r OWN r G� -.Ar no LO N O N O N co m 0 n I ^� W 'm ^V! W '/�r 0 ry It 3 I 0 0 M O N O N m J N L LL I ' ^ W ^� W 'm ^V! W 1--a 0 0. VJ It m N O1 a) c O a) 'O U `O — m U � � m c 2 m m o E rn m E m a) a) O LL LL m a w E coQ m o a o O U M o E OC co 0- in a` N O O N __ 0) .C: 0 N E N ch o 0 o 0 O O o O 0 0 0 0 0 0 o O m E E U N O C O O � 0 0 7 N � � � O O U U O c� � O_ N Q N O � O co U O � 0 co O N 0 N L 01 O 1 rn J d N O N � o MCL m C U O D 4 U) N ;:.. O N O a` U) WE Ei s O 4- Ln O N as\amo�asc�zs\ a�!czoz\ ozoz�nuo�\ 3 - N E -C C E o M c o E O N .O Q O C " 0 0 IIo 3 _ O :3 U z yE - o� > C) I] Y o o : Q O p Oo v> a x o 3 NNNNN NN NNNNN NN Inl No �Qa m p6,S£,60, M ao� �v o Ev / Ea tiM o / (J) N Pb Q a a / / p8A ao� 0 0 e Z� �•�OOO�o�♦t�� III I ooa000000-2a,"SN 75 Wwe aao 6 W o U7 0 ¢¢ M O ° moo mob" g = Z� aoa000000a00000°O D '� r r I l jl COMMON COUNCIL REPORT M&C No. 2024-051 Report Date February 12, 2024 Meeting Date March 04, 2024 Service Area Public Works and Transportation Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT: Canadian Corps of Commissionaires NB & PEI Division 2024 Service Agreement AUTHORIZATION Primary Author Commissioner/Dept. Head I Chief Administrative Officer Jill Good Michael Hugenholtz/Marc Dionne I Brent McGovern RECOMMENDATION RESOLVED that the City enter into an Agreement for Security and Related Services with the Canadian Corp of Commissionaires N.B. & P.E.I. Division, Inc. in the form attached to M&C No. 2024-051; and that the Mayor and City Clerk be authorized to execute said Agreement and any documents ancillary thereto. EXECUTIVE SUMMARY The Canadian Corp of Commissionaires NB & PEI Division Inc., are contracted by the former Saint John Parking Commission to provide enforcement of city traffic, parking lot and parking meter by-laws as outlined in the agreement effective April 1ST, 2024. On an annual basis the Corp reviews the charge rates for services to be effective April 1st of each year, as outlined in the service agreement with the Parking department (former Saint John Parking Commission). The Charge rate is the hourly rate that the City of Saint John pays to the Corp for the services provided, which includes the hourly rate of pay plus any overhead costs incurred by the Corp. As of April 1st, 2024, minimum wage in New Brunswick has increased $15.30 an hour. To remain competitive the Corp of Commissionaires must ensure its pay levels are appropriate when compared to provincial minimum wage. The intent of this report is to continue retaining security and related services through a new Agreement with the Canadian Corp of Commissionaires NB & PEI Division Inc., that includes the increased rates for services rendered effective April 1st, 2024, for which the Corp has provided a letter dated February 1st, 2024 following their regular annual review of rates. PREVIOUS RESOLUTION Not applicable. -2- REPORT The Canadian Corp of Commissionaires NB & PEI Division Inc. have been contracted by the former Saint John Parking Commission to provide enforcement of city traffic, parking lot and parking meter by-laws and have had a very successful partnership for over 25 years. They are a not -for -profit organization, that take pride in providing meaningful employment while offering quality service at competitive rates. The Commissionaires are contracted and through resolution of Council act as on -street parking by-law enforcement officers, parking lot attendants (for both the Market Square parking garage and Peel Plaza Parking garage), parking collections officer and an enforcement supervisor. Parking enforcement officers are responsible for enforcement of the Traffic and Parking meter by-laws, every day on foot and in all types of weather conditions. A team of up to six officers issue on average 35,000 parking tickets annually, resulting in on average over $750,000 in revenue. While much of the focus is in the CBD and South End where parking demand is highest, there are also portions of north, east and west that are enforced by vehicle for violations such as alternate side parking and no parking. Enforcement officers are responsible for issuing tickets and working with city contracted vendors to tow vehicles during overnight parking bans during winter storms. At all times they are expected to provide excellent customer service and education about parking while interacting with the public. There are currently 4 full-time parking lot attendants that are on a rotation to provide 24/7 coverage for the operations of the Market Square and Peel Plaza parking garages. Maintaining and providing customer service to help all patrons of the garages is a daily job duty of the attendants. On a weekly basis they are also responsible for completing the bank deposits. There are currently two contracted staff responsible for office related parking services covered under the service agreement including collection of overdue accounts, the sale of various forms of parking permits, and managing training and day to day operations as it related to the enforcement officers on the street. On an annual basis the Corp reviews the charge rates for services to be effective April 1st of each year, as outlined in the service agreement with the Parking department (former Saint John Parking Commission). The charge rate is the hourly rate that the City of Saint John pays to the Corp for the services provided, which includes the hourly rate of pay plus any overhead costs incurred by the Corp. On February 1st, 2024, the Parking department received a letter from the Corp regarding an increase to charge rates for 2024-2025. The letter indicates that the increase is necessary to remain competitive with the provincial minimum wage increases on April 1st, 2024 and help to attract and retain quality applicants. The rate increases also take into consideration the increases to cost of living/CPI and the wage expenses experienced by the Corp. A breakdown of the charge rate is also included in the letter, which indicates that 75% is allocated directly to payroll, 19% to employee benefits, 3% to training, equipment and uniforms and 3% to support the small management group. !l+91 -3- The Parking department agrees with the details of the service agreement including the charge rate increases outlined therein. STRATEGIC ALIGNMENT This report aligns with Council's Priority to perform by leveraging viable opportunities to generate alternate/new sources of revenue. SERVICEAND FINANCIAL OUTCOMES The increase in cost from this new agreement are expected to be outweighed by the additional parking ticket revenues from more consistent enforcement of the by-laws and will be covered by the departments operating budget. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS General Counsel Office has reviewed and provided feedback on the attached agreement and the report. ATTACHMENTS Appendix A —Canadian Corp of Commissionaires NB & PEI Division Inc -Agreement for Security and Related Services — effective April 1, 2024. BOPS/2A/03 Canadian Corps of Commissionaires C163 N.B. & P.E.I. Division, Inc. AGREEMENT FOR SECURITY and RELATED SERVICES This agreement, effective April 1, 2024 between the CITY OF SAINT JOHN and the contractor, CANADIAN CORPS OF COMMISSIONAIRES N.R. & P.E.I. Division, Inc., hereinafter called "the Division" sets forth the terms and conditions for the provision of Parking Enforcement and Related Services for the City of Saint John. TERMS AND CONDITIONS: The Division will supply Commissionaire members required for parking enforcement and related services for the City of Saint John at the rates specified in Appendix A. Services shall include those services described in Post Orders and all ancillary or related services (the "Services"). The Division agrees the Services shall be performed using all reasonable care and skill and in accordance with industry standards for enforcement and security related services and without limiting the foregoing any staff employed by the Division shall have the qualifications to perform the duties specified in the Post Orders. 2. The City of Saint John will pay the Division for the Services rendered in accordance with rates established in Appendix A, with annual reviews of such rates taking effect on April 1 of each year. An administration fee is included in the billing rates to enable the Division to defray operating and administrative expenses. Payment shall be made in accordance with a statement of account rendered by the Division on a biweekly basis for services performed in accordance with specific request from the City of Saint John for such period. Payment shall be made within thirty (30) days of receipt of such statement and overdue accounts which are not disputed by the City of Saint John acting reasonably may be subject to late payment charges of 2 % per month. The Division shall comply and be solely responsible for all Federal and Provincial legislation affecting the condition of work and wage rates. In the event that during the course of this agreement, the cost to the Division in conditions of labour, including but without limiting the generality of the forgoing, vacation pay, statutory holiday pay and mandatory health benefits increase as a result of the action of Federal Government or the Government of the Province of New Brunswick, the Division may request that the rates specified in this agreement which are affected be adjusted by the amount which will ensure that the Division shall recover the cost thereof. The City of Saint John may but shall not be obligated to increase such rates and in the event, it does not agree to the rate increase, may terminate this Agreement. Without limiting the foregoing, the Division shall be solely responsible for any and all contractor or employment obligations for such individuals it assigns to carry out the Services and without limiting the foregoing shall be solely responsible for any and all source deductions, insurance (workers compensation obligations) and/or other employment liabilities for such Division. Harmonized Sales Tax (HST) will be added to the billing rate. The invoice to the City of Saint John may be adjusted according to these amounts or any other Federal or Provincial legislated tax increases. !Vl 6. The City of Saint John shall supply the Division with work instructions (post orders) for the Services to be delivered hereunder and the Division may, upon receipt of such directions, request clarification or modification of such directions. If the Division is not prepared to perform the Services as directed, the City of Saint John may, acting reasonably, elect to terminate this Agreement and find an alternative service provider. To the extent that the City of Saint John requires additional services or a change in the scope of Services described herein, rates specified in Appendix A may be amended as mutually agreed as result of such changes and/or additional requirements. 7. The Division shall, at its sole expense, maintain workers' compensation insurance coverage with Worksafe NB and will comply with all Occupational Health and Safety laws and regulations. The City of Saint John shall ensure that the parking enforcement staff assigned to the City of Saint John will be advised of all ongoing health and safety issues and concerns related to their employment. The City of Saint John will appoint an official as the main point of contact to whom the Commissionaire Site Supervisor will receive direction / work instructions related to the duties of the Commissionaire Members assigned. 9. The Division's personnel may only drive a City of Saint John vehicle if so authorized by the City of Saint John and the Division. The Division covenants and agrees to maintain commercial general liability insurance including fidelity insurance for all Services delivered hereunder in the aggregate amount of not less than two million ($2,000,000.00) dollars. 10. Should any Commissionaire member not perform their duties to the satisfaction of the City of Saint John Parking, the Division will, at the earliest opportunity, provide a suitable replacement. 11. The scheduling of personnel shall be determined by the Division provided that the Services are delivered as required hereunder and to the satisfaction of the City of Saint John. 12. The Division shall indemnify, defend and hold harmless the City of Saint John and its personnel, directors, officers, administrators, successors and assigns, from and against any and all claims of whatever kind arising from the Division's delivery of the Services including bodily injury (including death) and /or for damage to or destruction of tangible property caused by the negligence, intentional misconduct or other tortuous act or omission of the Division or its personnel, except to the extent caused by negligence or willful acts or omissions of the City of Saint John. 13. This agreement shall enure to the benefit of and be binding on the parties hereto, their Heirs, Successors and Assigns respectively, but may be terminated upon either party giving to the other party thirty (30) days notice in writing. 14. Each party is acting as an independent contractor and not as an agent, partner or joint venture with the other party for any purpose. Neither of the parties or any of their representatives or members are, or shall be deemed for any purpose to be, an employee or agent of the other and neither party shall have the power or authority to bind the other party to any contract or obligation. -2- !E:3 15. This Agreement shall be governed by and construed in accordance with the laws of the Province of New Brunswick. This Agreement constitutes the entire agreement between the parties with respect to the subject matter of this Agreement. This Agreement supersedes any and all agreements, understandings and representations made between the Parties with respect to the Services and any other matter described herein prior to the date this Agreement is executed by the parties. No provision of this Agreement shall be amended, except by a further written agreement between the Parties. No waiver of a provision of this Agreement shall operate as a waiver of any other provision or as a waiver of the same provision on another occasion. This Agreement may be executed in several counterparts and by electronic signature, each of which so executed shall be deemed to be an original and such counterparts when taken together shall constitute one and the same original agreement which shall be bindings on the parties. Signed and Delivered in the presence of: Name and Title, (print) City of Saint John Name and Title, (print) City of Saint John Signature Signature i I Robert (Bob), Chief Executive Officer Canadian Corps of Commissionaires N.B. & P.E.I. Division, Inc. Cinnamon mon Savoie, Head of Client Sales & Services (Witness) Canadian Corps of Commissionaires N.B. & P.E.I. Division Inc. Date Date ►� — r'�' Date FC b. 2 0 120 2-t Date APPENDIX A CITY of SAINT JOHN - PARKING Position Peel Plaza & Market Square Parking Enforcement - Meters Parking Enforcement Officer (Evenings) Parking Enforcement Supervisor Cmre. Level B Charge Rate OT Rate Current Charge (April 1, (if applicable) 2024) (April 1, 2024) $22.10 $24.01 $32.26 Public Holiday Rate (if applicable) (April 1, 2024) $36.01 4 $24.40 $26.20 $32.26 $39.28 1.3 $23.91 $25.98 $32.26 $38.96 2.3 $24.22 $26.31 $32.26 $39.46 3.3 $24.97 $26.96 $32.26 $40.43 3.3 $24.97 $26.60 $32.26 $39.28 5.2 ' $28.79 $30.66 $32.26 $45.28 -4- 50 COUNCIL REPORT M&C No. 2024-058 Report Date February 28, 2024 Meeting Date March 04, 2024 Service Area Utilities and Infrastructure Services Her Worship Mayor Donna Noade Reardon and Members of Council SUBJECT. Regional Development Corporation Funding Agreement: City of Saint John — Outdoor Ice Rink and Seating (Construction Funding) AUTHORIZATION Primary Author Commissioner/Dept. Head Chief Administrative Officer Gerry Mattsson Ian Fogan/Michael Baker J. Brent McGovern RECOMMENDATION It is recommended that the City enter into an agreement with the Regional Development Corporation (RDC) for funding to complete the construction of the Outdoor Ice Rink and Seating, which is included within the Public Space at Market Slip and Harbour Passage Extension project, in the form and upon the terms and conditions as attached to M&C No. 2024-058; and that the Mayor and City Clerk be authorized to execute the said Agreement. EXECUTIVE SUMMARY The purpose of this report is to seek Council's approval to enter into an Agreement with RDC for funding under the Province of New Brunswick Community Development Fund to complete the construction of the new Outdoor Ice Rink and Seating being constructed as part of the Public Space at Market Slip and Harbour Passage Extension project. PREVIOUS RESOLUTIONS M&C 2021-051: February 22, 2021 — Utility and General Fund — Revised 2021 Capital Programs approved. February 22, 2021: M&C 2021-045 - Architectural Services: Loyalist Plaza & Fundy Quay Harbour Passage Extension, approved. December 20, 2021: M&C 2021-366 - Contract 2021-083001T: Public Space at Market Slip — Site Demolition, approved. August 22, 2022: M&C 2022-272 - Final Contract Value 2021-083001T: Public Space at Market Slip — Site Demolition, approved. 51 -2- August 22, 2022: M&C 2022-273 — Contract 2022-081201T: Public Space at Market Square & Harbour Passage Extension, approved. April 3, 2023: M&C 2023-089 — Public Space at Market Slip — Supply of Thermal Wood Handrail and Stainless -Steel Posts & Accessories, approved. July 24, 2023: M&C 2023-180 - Final Contract Value Contract 2022-081201T: Public Space at Market Slip & Harbour Passage Extension, approved. January 22, 2024: M&C 2024-018 - Public Space at Market Slip — HVAC, Mechanical, Electrical & Sprinkler Installations for New Enclosed Patios, approved. REPORT RDC will reimburse the City for a portion of the City's costs related to the construction of the Outdoor Ice Rink and Seating associated with the Public Space at Market Slip and Harbour Passage Extension project. The City has been approved for a financial contribution in the amount of 30% of the eligible expenditures or $475,000 toward the services required to execute the construction of the Outdoor Ice Rink and Seating as designed. As per the agreement, all claims must be received by RDC prior to March 31st, 2024. The Outdoor Rink and Seating is part of the Public Space at Market Slip and Harbour Passage Extension project. Construction of an outdoor skating rink in the downtown core, which can be used in many weather conditions, will bring people together in a public area during the winter months. It is anticipated that the construction of the Public Space at Market Square will be completed in summer of 2024. STRATEGIC ALIGNMENT The project aligns with Council's priority to BELONG and PERFORM as it will improve recreation programming while improving users' quality of life by providing an outdoor ice pad in the Central Peninsula. Putting the ice pad at Ihtoli- magahamok, The Gathering Space, will bring people together in a public area during the winter months. In addition, through exploring funding opportunities such as the RDC funding, the City leverages viable opportunities to include new infrastructure. SERVICEAND FINANCIAL OUTCOMES Under this agreement, the City of Saint John will receive a total financial contribution in the amount of 30% of the eligible expenditures or $475,000.00 61 -3- towards the project. The City has already secured ACOA funding in the amount of $300,000.00 and Canada Community Building Fund (CCBF) funding in the amount of $535,000.00 for the Outdoor Ice Rink and Seating. The remainder is funded through City and Other share funding. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The RDC Contribution Agreement has been reviewed by the General Counsel's office and no concerns have been noted. ATTACHMENT 1) Project No: 17106 — Agreement with the Regional Development Corporation for funding under the Province of New Brunswick Community Development Fund for the City of Saint John — Outdoor Ice Rink and Seating. 6V New.�Nouveau Brunswick C A N A D A January 26, 2024 Her Worship Donna Reardon Mayor of The City of Saint John P.O. Box 1971 15 Market Square Saint John, New Brunswick E2L 41_1 SUBJECT: Project No.: 17106 Project Name: The City of Saint John — Outdoor Ice Rink and Seating Dear Mayor Donna Reardon: We are pleased to inform you that the above -noted project has obtained support from the Regional Development Corporation (RDC). A financial contribution up to $475,000 for The City of Saint John (the Applicant) has been approved for this project. Eligible costs and funding for this project are described in Appendix A. Financing Conditions The Applicant must provide confirmation to RDC that all other financing has been obtained prior to release of any funds for the project. Reimbursement Procedures Claims for reimbursement of the contribution must be supported by copies of invoices and proof of payment of those invoices on forms herein provided. Electronic copies may be obtained at: www.qnb.ca/rdc. All payments will be made by electronic funds transfer. Please complete the attached Direct Deposit Service form. All claims must be received by RDC on or before March 31, 2024. Regional Development Corporation/Societe de d6veloppement regional P.O. Box/C.P. 6000 Fredericton New Brunswick/Nouveau-Brunswick E36 5H1 Canada www.gnb.ca 54 Terms and Conditions 1. No public announcement of funding or milestone events such as official openings and ribbon -cuttings shall be made by the Applicant without the prior written approval of RDC. 2. The Applicant shall not change the project scope, purpose or eligible costs without prior written approval of RDC. 3. RDC may refuse further disbursements if there is a materially adverse change in the financial position of the Applicant or status of the project. 4. The Applicant shall not sell or dispose of any assets purchased under this agreement for a period of 36 months following the completion of this project without prior written approval from an authorized representative of RDC. 5. The Applicant shall keep, for 36 months following project completion, all accounting books, records and statements pertaining to project costs and make these available for auditing and provide any statistical data required by RDC. 6. The Applicant shall allow any authorized representative of RDC reasonable access to the project site(s) and information. 7. The Applicant shall indemnify and save harmless the provincial government from and against all claims, demands, losses, damages, costs of any kind based upon any injury to or death of a person or damage to or loss of property arising from any willful or negligent act, omission or delay on the part of the Applicant or its servants or agents in carrying out the contract. 8. The Applicant must adhere to all labour and environmental laws and regulations. 9. No Members of the Legislative Assembly, their staff, or their immediate family members shall be a party to this project or derive any benefit arising therefrom. 10. Information and documents provided to RDC may be subject to release under Right to Information and Protection of Privacy Act. 11. RDC acknowledges the obligation to make the required payments under this agreement. However, payment of this contribution is subject to appropriation of sufficient funds by the legislature of the Province of New Brunswick. 12. Any costs incurred prior to April 1, 2023 are not considered eligible expenses under this offer. 6191 If you are in agreement with the terms and conditions of this offer, please sign and return it and your Direct Deposit Service form to RDC at rdc-sdr(o)-gnb.ca. Please note that failure to do so within 45 days renders this offer null and void. All inquiries with respect to the project are to be forwarded to Francine Scott at 476-0608 or francine.scott@gnb.ca. We look forward to the successful completion of this project. Sincerely, /JoelDickinson President Enc. cc: Hon. Rejean Savoie, Minister responsible for the Regional Development Corporation Francine Scott, Project Executive This offer accepted on behalf of The City of Saint John for Project: 17106 — Outdoor Ice Rink and Seating Mayor: CAO: Date: 67� Appendix A Project 17106 The City of Saint John - Outdoor Ice Rink and Seating Total Approved Contribution 2023-2024 Community Development Fund $475,000 Project Total: $475,000 Regional Development Corporation will reimburse 30% of eligible costs up to the total approved contribution. Eligible Cost(s) Design Cost (rink & building) (after April 1, 2023) $59,775 Building Structure $402,407 Seating $227,700 Lighting, Power & Controls $55,190 Chiller $133,113 Chiller & Equipment Installation $165,000 Ice Rink Pad $603,241 Landscaping $7,305 Zamboni Concrete Pad $19,347 Zamboni Building $80,000 HST (eligible) $75,128 Total $1,828,206 Ineligible Cost(s) Design cost (rink & building) (before April 1, 2023) $50,000 Building Structure (before April 1, 2023) $112,443 Chiller (before April 1, 2023) $46,287 Total $208,730 The portion of Harmonized Sales Tax (HST) refunded by Canada Revenue Agency is considered ineligible. 61FA BRegional Development Corporation Claim No: rews/Nunswick P.O. Box 6000, Fredericton, New Brunswick E3B 5H1 Nouveau Community Development Fund Final Claim: List all eligible project costs with invoices and cheque numbers on this form. Include a copy of each invoice and proof of payment. Failure to record and support each cost will cause a delay in processing. Project !umber: Project Name: 17106 The City of Saint John- Outdoor Ice Rink and Seating Description of costs Name of Supplier 'Cheque No. Cheque Amount Invoice Total' HST Total Eligible & supported costs (total -HST refund) % of HST refunded by Canada Revenue Aaencv 71.43% - municipality 11 22.33% - university 50% - non-profit organization 100% - other ❑ 0% - none The undersigned hereby certifies that: a. the invoices above represent eligible project costs that have been paid in full and the work completed; and b. no other public financial assistance has been received or is to be received for the part of the project against which this reimbursement is claimed. Signature Print Name Date Title Company Telephone Eligible & supported costs Less: previous advance Add: current advance 9 CITYSJ Vendor 122320-14-14 122320-14-14 Payment request For office use only Claim Reviewer Project Officer Payment Authority 4275 account Date Date Claim Auditor 611:3 t • oVp � 4° s cG 0 o w • , d ° O 9e 0. c 0 O N ed , cp 96 E V bQ o• Qi � � o.o.? 0 •y 3 � c x .� .� 0Rp •R > CD o a ca .0 Cd O o O b�A a� o q,1 rVr M Z .yam A OD O, y N � d y V a •o U � q > y O C � � Gi 0 �•� , ai 'C7 � s0. �„i � 4� .,,.ter •CS z�z� o•� a •ow LL ¢,O O O an p o y Q' —CD d A w A 611%] COMMON COUNCIL REPORT M&C No. 2024-068 Report Date February 28, 2024 Meeting Date March 06, 2024 Service Area Strategic Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT. Azure Ingestion Expenditures AUTHORIZATION Primary Author I Commissioner/Dept. Head Chief Administrative Officer Stephanie Rackiey-Roach I Kevin Fudge J. Brent McGovern RECOMMENDATION It is recommended that Common Council approve the projected 2024 expenditures for Azure ingestion from Bulletproof ULC (Bulletproof) in the amount of $185,000 plus HST. EXECUTIVE SUMMARY The amendment to the Security Information and Event Management (SIEM) agreement 2019-080601P, approved by Council on January 10, 2022, identifies the need for Azure ingestion with the migration to the Microsoft Platform in 2020. The SIEM and related Security Operations Centre (SOC) is a critical component of the City's cybersecurity program. Pricing was not included in the amended agreement for Azure ingestion. Projected 2024 annual costs for Azure ingestion for all information technology users and infrastructure including critical public infrastructure (SCADA) is estimated to be $185,000 plus HST. As per the City's Procurement Policy, this annual expenditure exceeds the Chief Administrative Officer's $150,000 spending authority and necessitates approval of Council. Costs for Azure ingestion have been accounted for and approved as part of the 2024 Information Technology (IT) General Fund and Saint John Water Utility Fund operating budgets. PREVIOUS RESOLUTION RESOLVED November 18, 2019, as per submitted report M&C 2019- 307: Security Information and Event Management (SIEM) Contract Award [2019-080601P], Common Council approve the following: 1. The City enter into a three (3) year Agreement with Bulletproof Solutions ULC for Security Information and Event Management (SIEM) Software as a Ais] -2- Solution (SaaS) and 24/7/365 Security Operations Center (SOC) Monitoring with an option for two (2) additional two (2) year extensions. 2. The Mayor and Common Clerk be authorized to execute the necessary contract documents; and 3. Common Council pre -approve the funds allocated in the draft 2020 General Fund Operating budget required to award the contract. RESOLVED that as recommended by the Committee of the Whole having met on January 10th, 2022 Common Council approve an amendment to the 2019- 080601P Security Information and Event Management (SIEM) Agreement in the form as approved previously on November 18, 2019 with Bulletproof Solutions ULC for the purpose of providing SIEM services to the City, which shall be effective as of January 1, 2022 and end on November 18, 2022, and that the Mayor and City Clerk be authorized to execute any document ancillary thereto or necessary to affect the transaction. REPORT In 2020, the City's Security Information and Event Management (SIEM) system was updated to work with the Microsoft Office 365 environment. This system enhances cybersecurity with the ability to monitor at the user level. This is particularly important as most cyberattacks result from end user activities globally. As a cloud solution, the City is responsible for additional costs related to Azure ingestion. Azure is a cloud computing platform run by Microsoft. It offers access, management, and the development of applications and services through global data centers. Costs are based on the number of users and the amount of infrastructure within the Azure environment. The Service Enhancement Security Information and Event Management (SIEM) agreement for contract 2019-080601P that covers the initial term of three (3) years, with an option for two (2) additional two (2) year extensions, provides pricing for SIEM and SOC (Security Operations Centre) Services, however; does not include pricing for required Azure ingestion. The City works with Bulletproof to validate Azure ingestion and identify areas where there are unintended spikes in ingestion or traffic. In 2023, the IT team in support of Saint John Water has on -boarded SCADA infrastructure on to the SIEM and SOC services, adding another layer of cybersecurity protection to the City's most critical public infrastructure. AI -3- Azure ingestion is billed to the City on a monthly basis. With the number of users and infrastructure monitored through SIEM and SOC services and historical costs, the projected total 2024 annual cost for Azure ingestion is $185,000 plus HST. As per the City's Procurement Policy, the amount exceeds the spending authority of the Chief Administrative Officer and is recommended to Council to approve projected Azure ingestion costs. STRATEGIC ALIGNMENT The IT Team works with Bulletproof to optimize and monitor Azure ingestion to identify efficiencies and cost savings. This coordination with the vendor aligns with the strategic goal of Accountable and Council's priority of Perform, ensuring a focus on continuously improving as a high-performance public service organization and ensuring the safeguarding of the City's network infrastructure and corporate data. SERVICEAND FINANCIAL OUTCOMES For Azure ingestion in 2023, IT spent $142,800.55 plus HST of which $3,300 plus HST was paid for out of the Utility Fund for SCADA. In 2024, the estimated total consumption cost is projected to be $185,000 plus HST. Of that estimated ingestion costs, 9% (estimated about $17,000 plus HST/year) will be covered by the Utility Fund for SCADA. This expenditure was accounted for and approved in both the IT General Fund and Saint John Water Utility Fund 2024 operating budgets. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The Strategic Procurement Team has been consulted on how to proceed with the Azure ingestion expenditures and support the recommendation being put forth. ATTACHMENTS N/A I' Staff Recommendation for Council Resolution Property: 1 Bayard Drive Public Hearing, 1" and 2nd Reading: March 4, 2024 Item Required: Recommendation (Y/N) Municipal Plan No Amendment Zoning By -Law Yes That Common Council give 1St and 2nd reading to an Amendment Amendment to the Zoning By-law which rezones a parcel of land having an area of approximately 2,737 square metres, located at 1 Bayard Drive, also identified as PID 00015610, from Major Community Facility (CFM) to Urban Centre Residential (RC). Other No 3rd Reading: Tentative date March 18, 2024 Item: Required: Recommendation (Y/N) Municipal Plan No Amendment Zoning By -Law Yes That Common Council give 3rd reading to an Amendment to Amendment the Zoning By-law which rezones a parcel of land having an area of approximately 2,737 square metres, located at 1 Bayard Drive, also identified as PID 00015610, from Major Community Facility (CFM) to Urban Centre Residential (RC). Recission of No Previous s. 39/s. 59 Conditions Section 59 No Conditions Section 59 No Agreement Section 131 No Agreement Other No W PLANNING ADVISORY COMMITTEE 'V1 February 22, 2024 The City of Saint John Her Worship Mayor Donna Noade Reardon and Members of Common Council Your Worship and Councillors: SUBJECT: Rezoning Application 1 Bayard Drive On January 8, 2024, Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its February 21, 2024 meeting. Yeva Mattson, Planner with Growth and Community Services, appeared before the Committee and provided an overview of the proposed Rezoning. Responding to questions from the committee regarding landscaping, she explained that there are landscaping standards in the Zoning By -Law and that with much of the proposed site currently hardscaped, any landscaping would be seen as an improvement to the site. Michael Wowchuk, the proponent, and Jill Higgins, the architect, appeared to speak in favor of the application and agreed with staff recommendation. When questioned by the Committee Jill Higgins project confirmed they would have a landscaping plan that shows landscaped improvements to the site. Mr. Wowchuk also further explained their timeline when asked, stating they hope to have the project completed by January 2025. No other members of the public appeared before the committee to speak in favour or opposition and no letters were received regarding the application.. RECOMMENDATION: 1. That Common Council rezone a parcel of land having an area of approximately 2,737 square metres, located at 1 Bayard Drive, also identified as PID 00015610, from Major Community Facility (CFM) to Urban Centre Residential (RC). Page 1 of 2 64 Jill Higgins 1 Bayard Drive February 22, 2024 Respectfully submitted, I- �Irj;��/ Brad Mitchel Chair Attachments Page 2 of 2 65 The City of Saint John Date: February 15, 2024 To: Planning Advisory Committee From: Growth & Community Services Meeting: February 21, 2024 SUBJECT Applicant: Jill Higgins Landowner: Micheal Wowchuk Location: 1 Bayard Drive PID: 00015610 Plan Designation: Medium to High Density Residential Existing Zoning: Major Community Facility (CFM) Proposed Zoning: Urban Centre Residential (RC) Application Type: Rezoning Jurisdiction: The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed amendments to the Zoning By-law. Common Council will consider the Committee's recommendation at a public hearing on Monday, March 4, 2024. EXECUTIVE SUMMARY The applicant is applying to rezone the site at 1 Bayard Drive from Major Community Facility (CFM) to Urban Centre Residential (RC) to convert a former institutional building into a multi- unit residential building. The applicant is proposing to create 25 units in the existing building with an addition of 8 units to the rear of the building in a future phase. Approval of the application is recommended. Page 1 of 5 66 Jill Higgins 1 Bayard Drive February 15, 2024 RECOMMENDATION 1. That Common Council rezone a parcel of land having an area of approximately 2,737 square metres, located at 1 Bayard Drive, also identified as PID 00015610, from Major Community Facility (CFM) to Urban Centre Residential (RC). DECISION HISTORY On November 14th, 1983, this property was rezoned from "RM-1" Three Storey Multiple Residential to "IL-2" Major Institutional. ANALYSIS Proposal The applicant is proposing to rezone the subject site to Urban Centre Residential (RC) to allow for the conversion of the existing institutional building into a multi -unit residential development. The rezoning would allow for the creation of 25 units within the existing structure, with a future phase planned to establish an addition which would include another 8 units. This development would include interior amenity space in the form of a lounge and a community room, as well as all required parking and landscaping to meet the zoning standards. The building was formerly the offices for the Roman Catholic Diocese of Saint John. Site and Neighbourhood The subject site is located on the Central Peninsula in the Waterloo Village neighbourhood. The immediate neighbourhood is a mixture of residential, institutional, and commercial uses. The residential uses in the neighbourhood and in the broader Central Peninsula are largely zoned Urban Centre Residential (RC), which allows for a diverse range of residential building typologies including apartment buildings and townhouses. The other predominant zoning in the area is for Community Facilities (CFN and CFM) which supports a variety of uses including places of worship, the hospital, service clubs and crisis care facilities. The broader surrounding area is characterized by having a mixture of land uses that supports a diverse range of housing typologies with varying densities, commercial uses, major employment centres, and community facilities uses, including the St Joseph Hospital across the street from the proposed development. The subject site is accessible by a variety of transportation options. The area is served by Saint John Transit Routes 1, 21, and 23, with transit stops for Route 21 and 23 located across the street near St Joseph Hospital and transit stops for Route 1 within 200 metres of the property. Routes 21 provides connection between the South End and St Jospeh Hospital while Route 23 provides connection to the North End and Crescent Valley. Route 1 is an East to West connector that stretches from the Lancaster Mall to the East Side shopping centres. Page 2 of 5 67 Jill Higgins 1 Bayard Drive February 15, 2024 Both sides of Bayard contain sidewalks which facilitates pedestrian movement and connects to the wider pedestrian network. The site benefits from its location that is walkable to community and government services, medical care, retail and recreation options. Municipal Plan and Rezoning Municipal Plan and Central Peninsula Secondary Plan The site is designated as Medium to High Density Residential in the Municipal Plan. An analysis of the proposal with respect to the relevant policies of the Municipal Plan is provided in Attachment 2. The proposal conforms to the policies established within the Municipal Plan, which supports the emphasis on the provision of higher density housing forms. The density target for this area is 45 units per net hectare but this is based on the intensification area as a whole, not on a property -by -property basis. The proposed redevelopment of an institutional use to a residential use helps increases the overall neighbourhood density towards the target established in the Municipal Plan, and it is undertaken in a way that reactivates an underutilized property. The proposed development is also compatible with the vision established within the Central Peninsula Secondary Plan, as the proposed development: • Is an example of an adaptive reuse of an existing building, which is a sustainable method of development. • The existing building is of appropriate height and massing for the neighbourhood. • The proposed development protects the pedestrian street level experience by being of appropriate scale and by enhancing pedestrian movement through new walkways. The proposal represents an opportunity to support additional density while retaining the community character, as the proposed development utilizes an existing building and the placement of the proposed future addition would be located to the rear of the existing structure. As this is an existing building, it conforms to the neighbourhood context for scale, massing, and height. From the analysis of the proposed development for alignment with the Central Peninsula Secondary Plan as well as the Municipal Plan Policies (Attachment 2), staff are of the opinion that the proposed development achieves the intent of the Municipal Plan based on the proposed residential use. Zoning The Urban Centre Residential (RC) zone accommodates a range of medium -density residential uses ranging from a single -detached dwelling to multi -unit buildings. The RC zone is compatible with the surrounding development pattern and would allow for the adaptive reuse of the existing building as a multi -unit residential development. The proposed 25-unit development, with a future addition of 8 units, aligns with the regulations established for the RC zone within the Page 3 of 5 68 Jill Higgins 1 Bayard Drive February 15, 2024 City's Zoning By-law. This includes the provision of the required onsite parking spaces to support the dwelling units. Section 59 Conditions and The Affordable Housing Action Plan The proposed development of multi -unit residential in an existing building, with a small-scale addition would be low impact on the neighborhood. With the adoption of the City's Affordable Housing Action Plan, staff are looking at supporting projects that "permit/encourage various innovative housing models to help expand the supply of housing". As this development is occurring in the Waterloo Intensification area, where density is encouraged, staff are supportive of the conversion of a previously institutional building into multi -unit residential without proposing any section 59 conditions. While the applicant has proposed to rezone to Urban Centre Residential to accommodate the residential use, staff undertook an assessment of the existing building and property to determine if there would be existing capacity for a possible unit increase in the future. If a proposal were to be brought forward to increase the unit count above the proposed 33-units, it would be subject to the standards established in the RC zoning, as well as being required to meet the requirements of the National Building Code of Canada. The owner would also be required to apply for a Change of use Permit which will allow Building to review floor plans and conduct an inspection of fire separation and safety. While the existing building has a large footprint and lot size, it has a limited capacity for parking and amenity space. In the future, any expansion of residential use may require variance applications that require a staff review, which acts as mechanism to ensure appropriate development on the site. Staff recommend not requiring any Section 59 conditions to restrict the site as the requirements of the Zoning Bylaw and the Building Code act as structures to limit the development of the site beyond the existing or future use. Statements of Public Interest In conjunction with land use planning initiatives implemented by the Province of New Brunswick associated with local governance reform, the province enacted the Statement of Public Interest (SPI) Regulation under the Community Planning Act in 2022. The SPIs enacted through the regulation identify the public's interests and priorities for land use planning. Provincial, local, and regional land use planning initiatives and regulations such as Rezonings are required to align with these statements. Staff undertook an internal review and ensured that the recommendation for the rezoning aligned with these statements. Conclusion The proposed rezoning to permit the development of 25 residential units in the existing unit, with a proposed future addition that would contain 8 units, aligns with the policies established in the Page 4 of 5 69 Jill Higgins 1 Bayard Drive February 15, 2024 City's Municipal Plan and conforms to the City's Zoning By-law. The proposed rezoning will facilitate the use of the property as a multi -unit building that conforms with other residential uses in the neighbourhood. Staff are recommending approval of the rezoning. ALTERNATIVES AND OTHER CONSIDERATIONS No alternatives were considered. ENGAGEMENT In accordance with the Committee's Rules of Procedure, notification of the proposal was sent to landowners within 100 metres of the subject property on February 5, 2024. The public hearing notice will be posted on the City of Saint John website on February 8, 2024. APPROVALS AND CONTACT Manager I Director I Commissioner Jennifer Kirchner, RPP, MCIP I David Dobbelsteyn I Amy Poffenroth Contact: Yeva Mattson Telephone: (506) 721-8453 Email: yeva.mattson@saintjohn.ca Application: 24-0018 APPENDIX Map 1: Aerial Photography Map 2: Future Land Use Map 3: Zoning Attachment 1: Site Photography Attachment 2: Municipal Plan Policy Review Submission 1: Site Plan Page 5 of 5 70 V/ .C: O N 0 L co co W \,=W CE C Y T o_ > In O 0 E U) 6 (D U O O O U U � U U) V C7 L a LO N m N o o o o 0 0 C7 O O N O O r m W O O x x m c� —i LL LL U U U U O) O O N 2 U U of of U j c U) C U co d Ln C15 >+ M ) Q n o co d N O N r- 'W'^ V! co J N L H \W r) co co m E o Y U > N O W O ? U m 0 U O O U U _T U 0 a m U U L Q N m IN o o 0 —0 O O N O m W O O m N O O W N W co O 6 M N O N W U) D J N LL V CJ a) U) Eu L a) O U u T 1 L J 1y T - N > NO 0 E ! 6 CD U O p o U ° T � U ° � U U V C7 m a LO N m nj c� 0 v o 0 o m 0 m C7 O O N O O `m W O to x x m i 7 O Ln 4 M N O N 7�=i7 ATTACHMENT 1: SITE PHOTOGRAPHY Subject Site from Access (looking North) — front parking near entrance with rear parking below to right side of image Subject site from Bayard Drive (looking North-east) 74 Bayard Drive and Access to the site (looking West towards St Joseph Hospital) Facing towards Waterloo Street from subject site (looking South) 01 a) o � .4 a) sao .LQs a) >' 7 C � � 0 a +� s to c a a) 4� O} s 4' 7 ~ u i 4- a) a) c _ a) c C s O a -C a) — O� d O s c M m m +� c H CL a) c v M — +s O a) co �_ x co v� •c ao 3 c c U ,E O O = s co C 4�a) 4� 4� E c CL n a) -0 4' N N Ou 0 M � +.+ -0 s u = i 0 4� s ao m o a a°0 i s a a) a>i `° Q v� a N s co +' x -a � O � � •c � � o° s o °° Q 3 co o c c m a o E c c co c E 0 a a +� 0 ems' ° co s E E +' I, -Z f 6 c , o a) c C ' f6 E an v�i > 1 M0 c c a N > X a) 4-1a) a a) a) o o o 4 c� Q C° > -0 E � C 4-1 +� C m o 0 -0 'a a o C C OO L c a m a) co o .2 xi x -a ° °c U o ca T ca a w a) > a) C a 0 a) a) n 3 '°) �, a m t a) n co E C to H 2 u u H> a H 6 E 0 '0 H U H a a) s 4-1V +' s " w 0 3 a c x s Q a) co U � a) co °A s c � co E � +� s � c " C Q O 'a 4-1 -00 U +J u 0 4-1i 0 ' .a) o p 0 C C:0 a) a i - a U O >' 4, a >' N �„ +' O M c O a) a 4-1a) s s -a E co i s > 4-1 n3 C ca E_ vi o 0 s a s In 16c E o ai 4. s co c a) co 0 °� °) U c o ao a) s +� 5 0 0 s 0 -a s u v, c s a) o i U a) 4� o > c 1 3 a) c 3 a) c 4� a) c+ +' o 0 ai +) a) °) 4 � f 6 co E 0 • +� °) aa) a) o s c = 3 0 U� E c a) a 6 c a) 0 s E. m a) " c" N o a) = ca E c c co � a) 0 E c a a) 4-1 a) s +� m e 'x o- c s +� o an x s > +' co U u 4-1 0 w `U' c +' s °' 0 L) (A cco mo c E c -°X U 3 C dA a) 0 a)aa) s °) `�° s o E+ a) s u > m dA -a U 4- C— ao 3 +' s m a m a) -1 (; a) C s co Q + o O a a) s u 4 a U c +� s 2� a) + s a) 'a a) � a) -a 3 4 4-1 D a 0 s D a) 0 D u co C w a) -0 m d 0 Co E 3 .`� +, O m C w a 0 m a 'C m 0 n c a) to 2 co I— a) — Q U C O -a O s a 4 4-1as-� f0 a) U dA v, 4' i 0 C Q i a) O C v, VI C s a Q CL f0 4, O c p 4, a; 3 �, O i U 0 C a) C C f6 O s U 4, 4' C C a) s O U (6 a) v, C 4O O- O O s a) a) —�°� o + o C� a) o > 4 s � a 4s n, � c CL a) U 'c f6 7 W C c CLa) � - m oaa_ 5 c a) a) o s •° � � 41 -a �, an a) o m �o a) o M a) 0 C Q- s a) °- s x a) p v, CL O u CL U a) c -0 -0 10 H N H cco a) co a) — c C a) -a -a ' c w O � a) c M `+° •� c c� +� a c Q a) ao c cco a) o .� O 4 � o o ai m ao s .o Z a) co a) c c s s � '}c- ° u +� s> a) a+ c a) U C f6 i,, ca i 3 p co X 'c a) a) U c a a) -a c a) a) +� �, O a) c O a) c c" a) c c a) " O E a) o m +� -0 0 c p_ p E s i a) a) ` s a) i co Q p s a c u c a) v, a) O> p 0 f6 E a, co a) +' s > C Q Q Q co O 4' Q U 'a _ U co > O Q 'a ,N C co E C _ 00 us'� E QO a E 41 m 7 0 4-1 = i > O w� N 'a a) s a) 0 c O C O -a +, ° +� v,LO C O v, C p vi a) s i s C a .Q a) —1 4-1CL 'a 'co a) � Q � � � a s u � hC0 � O u � E a) 'E E 0 v, v, ' U to zCL +� a)6 a) C S a) C MOO s'a a) a) -a co a) O CL dA dA U 'aU Oco U F' 7 O i v, +� > O E s o s E N O s O +� 'a 'a N �-0 C OU -C = c C U O s = o c6 i�i, � i +� C O U — M a) s a) i E° C 3 C a +� s o a) �, a) C u E U a) +' p }' z Q v, 4-1 4s a) 7 a) Q O C C Oo a) i O C o O a-+ Q Q > +� -a dA 41 —O scL o .0 E ° U > x � > — E 'a a) n 'v, 7 +' a) O 00 _ C co (6 0 c C U a) a) > c -a � iUi, `n -a a) i O O_ in s a E — cn a) a) c a v, +�+ C 3° a-.�76 +� u s 0 C7 dA O U O a) vi a) -a i O ° J as-.� ,C v, s 7 Q O Q c0 v, C p 7 +�+ J a) co v, —_ >� C 'a uj +�+ y. 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E N a. 0 n U U L J C co L O N Cn (1) (3) ry N O e8aoP ntsTShop� o� I PAC Application GROWTH & C 0 M M U N ITY SERVICES CITY OFSAINTJOHN CIVIC ADDRESS I APPLICATION # I FEE PAID I Y I N TYPE OF APPLICATION ❑ Conditional Use ❑ Non -Conforming Use ❑ Similar or Compatible Use Temporary Approval Application Fee: $350 Application Fee: $350 Application Fee: $350 Application Fee: $350 DETAILED DESCRIPTION OF APPLICATION Attach site plans, building elevations, floor plans, and other documentation to fully describe the application. The submission of a preliminary proposal and a Pre -Application Meeting with City staff is encouraged prior to seeking approval. Please contact the One Stop Development Shop at (506) 658-2911 or OneStop@saintjohn.ca for further information. ►OV CV41 t* 79r, Equ k al o W TAI V POU4 1#4 IV log- rurwl r umtr& t 1 AAiv 7 LkA= 04Z CAlA WAk F&&ON lylA Si ENCUMBRANCES Describe any easements, restrictive covenants, and other encumbrances affecting the land. AUTHORIZATION AND CONSENT I As of the date of this application, I, the undersigned, am the registered owner of the land described in this application or the authorized agent thereof, and I have examined the contents of this application and hereby certify that the information submitted with the application is correct i sofar as I have knowledge of these facts, and I hereby authorize the applicant to represent this matter and to provide anAdition�l il1formation that will be necessary for this application. r Pr Authorized Agent Additional Registered Owner Date Date The information contained in this application and any documentation, including plans, drawings, reports, and studies, provided in support of this application will become part of the public record. PAC Application Form 2021 06 01 ` 9191 Develo-plffi'�Oent ShopjPLANNING BUILDING INFRASTRUCTURE�OHN OneStop@saintjohn.ca Phone:658-2911 Fax:632-6199 General Application Form GROWTH & COMMUNITY SERVICES CITY OF SAINT JOHN LOCATION CIVIC ADDRESS: 1 .5s NQ, ItO PID#: 000 IS (a � LU HERITAGE AREA: Y / N INTENSIFICATION AREA: Y / N FLOOD RISK AREA: Y / N APPROVED GRADING PLAN: Y / N Z) LL Q APPLICATION #: DATE RECEIVED: F- "' RECEIVED BY: APPLICANT W 4, /� �EL Jh aYc,N� PHONE swob47 0+� 0 Q MAI LING ADDRESS POSTAL CODE v, WA" AVV Vzoe SX7 10 CONTRACTOR EMAIL PHONE 4004 F"00 AN n StlrlS i'P'l oC3 a A vo j (unt44"k% • tovM z Q MAI LING ADDRESS 3 ti rwr prp" U� ��• POSTAL CODE S J %1 lb Zc1 ZAP Icni- J a OWNER VA, 04 p rjo, Wo&4 64u L. EMAIL PHONE M I (,Aae • WO w cAu. w+a • cacti Q MAI LING ADDRESS 3 (L it SINS &U&q t PAi M POSTAL CODE aid 15 Sy PRESENT USE: PROPOSED USE: BUILDING PLANNING INFRASTRUCTURE HERITAGE QJINTERIOR RENOVATION 1 NEW CONSTRUCTION VARIANCE ESTREETEXCAVATION EHERITAGEDEVELOPMENT < Q EXTERIOR RENOVATION �ACCESSORYBLDG PLANNING LETTER �DRIVEWAYCULVERT ❑ HERITAGESIGN H ADDITION EIPOOL DPAC APPLICATION DRAINAGE E]HERITAGEINFILL Q F-jJ DECK DEMOLITION OUNCILAPP EEll WATER & SEWERAGE �HERITAGEDEMO Y �CHANGEOFUSE SIGN SUBDIVISION OTHER OTHER U EIMINIMUM STANDARDS OTHER OTHER ,L Lew Wr Iu4 z Z O Y It ?� IAn Awwr UALIU fol't 1 � M'r U14415 !M prifte 2 U v7 w 1-1I consent to the City of Saint John sending tome commercial electronic messages, from time to time, regarding City initiatives and incentives. General Collection Statement This information is being collected in order for the City of Saint John to deliver an existing program / service; the collection is limited to that which is necessary to deliver the program / service. Unless required to do so by law, the City of Saint John will not share your personal information with any third party without your express consent. The legal authority for collecting this information is to be found in the Municipalities Act and the Right to Information and Protection of Privacy Act. For further information or questions regarding the collection of personal information, please contact the Access & Privacy Officer: City Hall Building 15 Market Square Saint John, NB E21, IE8 CommonClerk@saintjohn.ca (506)658-2862 The Gty of Saint Iohn� I, the undersigned, hereby apply for the permit(s) or approval(s), indicated above for the work described on plans, submissions and forms herewith submitted. This application includes all relevant documentation necessary for the applied for permit(s) or approval(s). I agree to comply with the plans, specifications and further agree to comply with all relevant City By-laws and conditions imposed. .1��. eta a u►[1 Applicant Name A Date &L 1A , 2D2,3 L. e8avp�„Lent STShop� I Council Application GROWTH & COMMUNITY SERVICES CITY OFSAINTJOHN CIVIC ADDRESS I APPLICATION # I FEE PAID I Y I N TYPE OF APPLICATION ❑Land for Public Purposes Release Application Fee: $350 ❑ Section 59 Amendment Application Fee: $2,650 Non -Conforming Use ❑ Application Fee: $250 Voning By-law Amendment Application Fee: $2,650 ❑ Satisfactory Servicing Application Fee: $350 ❑Zoning By-law Amendment with Municipal Plan Amendment Application Fee: $3,700 DETAILED DESCRIPTION OF APPLICATION Where applicable, indicate the changes to existing Section 59 conditions, zoning, or Municipal Plan designation being requested. Attach site plans, building elevations, floor plans, and other documentation to fully describe the application. The submission of a preliminary proposal and a Pre -Application Meeting is encouraged prior to seeking approval. Please contact the One Stop Development Shop at (506) 658-2911 or OneStop@saintjohn.ca for further information. �� 0I/A-n WJ W NG L,,Xr 0 �0'N D t O L,67-- & f26U (L40//i k Lo rn Le) l n@ Tb 2C- T c r5 T:rc� Aib--O i4N-4q &-c N Lr�S IN �iA-e-c= Z, ENCUMBRANCES Describe any easements, restrictive covenants, and other encumbrances affecting the land. AUTHORIZATION As of the date of this application, I, the undersigned, am the registered owner of the land described in this application or the authorized agent thereof, and I have examined the contents of this application and hereby certify that the information submitted with the application is correct insofar as I have knowledge of these facts, and I hereby authorize the applicant to represent this matter and to provide any additions in ormation that will be necessary for this application. nj Regist wne or Authorized Agent Additional Registered Owner Date Date The information contained in this application and any documentation, including plans, drawings, reports, and studies, provided in support of this application will become part of the public record. 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A!, 4 g 3 W 5 �3 m - O O O Oz�p 03 pg w -44 34 >e.,ecae eP m THI - O Q 'aw ®� oe L . ... .„. ss sa =m o IMME OEM MEMO MOM O II I O III II O III III O O II I O III�I OEPN[--] III O _ I I I I 161 I =1 I I I s C C �� m� o� mew Flo mo f E f E 00 00 3LL W W w w $ s 0 x gpi o -z z o f f a z z -EE EE E E E E E E E E E EE E E E E E E E E E sf ss d 3 3 3 3 3 3 i �3& Qo_ 94 4�44444 444��4;.4 �qmm 4 4 �Qo 3 - - - - - - - - - - E F >> z z E x a x x z x s E f x >> 3zE==if z - FF ss o80 ,'=. z f & f s o$ g o & s o& o z u z2 p so o s o s o$$000$o 0. 0 z o 0 z z -FooF z 4 F`�-W �aEz z z -ao3�x w a_ 4d. 3 z __'1^ Z'_ Oo z - Oz - °z Oz - - �_ z w0$oo�_ p$ooz0 myW Wmz o -moo$ G3 ao>> i m 0 _ >f o ? $ s V$J 0z a S' $ooSogo o� g S S 10I131%3 13A311N3 W35V8 tl3Ntl NOWWOJ 13A31 NOOK ONOJ35 13A31 Oil GIN 13A31 NOOK H1Nft03 13A31 NOOK 00 SN000 11Nn NOMINI Proposed Zoning By -Law Amendment RE: 1 Bayard Drive Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending The City of Saint John Zoning By-law at its regular meeting to be held in the Council Chambers on Monday, March 4, 2024, at 6:30 p.m., by: 1. Rezoning a parcel of land having an area of approximately 2,737 square metres, located at 1 Bayard Drive, also identified as PID 00015610, from Major Community Facility (CFM) to Urban Centre Residential (RC) as illustrated below. 11. MIUDLE IT qu. Middle se. 11* I �140Cf@ m -Qa om. a Ji C9R RGoiai� St ? Off, tGyst G10-ESS� S P 95�Gid 1DIry�, 0 C e�\ S�. J.e:eFF'. h v ST .,. F n� Ha.Flv.l rP ~WC¢ ti ny1 ` Y � S 4 3 11P, REASON FOR CHANGE: To convert the building into multi -unit residential. For details on how to inspect the amendment, or to register to participate, please contact the Office of the Common Clerk at CommonClerk(a)-saintiohn.ca. Written objections to the amendment may be provided in writing and/or verbally at the Public Hearing to be held by Common Council. To register for participation in the hearing, please contact the City Clerk's Office in advance at commonclerk(o)-saintiohn.ca If you require French services for a Common Council meeting, please contact the office of the Common Clerk. Jonathan Taylor, Common Clerk (506) 658-2862 ` E111 Projet de modification de I'arrete de zonage Objet : 1 promenade Bayard Par les presentes, un avis public est donne par lequel le conseil communal de The City of Saint John indique son intention de modifier I'arrete de zonage de The City of Saint John, lors de la reunion ordinaire qui se tiendra dans la salle du conseil le lundi 4 mars 2024 a 18 h 30, en apportant les modifications suivantes : 1. Rezonage d'une parcelle de terrain d'une superficie d'environ 2737 metres, situe au 1 promenade Bayard, egalement identifie comme le NID 00015610, de Zone de grandes installations communautaires (CFM) a Zone residentielle du centre-ville (RC), tel qu'illustre ci- dessous. INSERT PHOTO (this is just a note to make sure the photo goes here on the web site, no need to actually insert it) RAISON DE LA MODIFICATION: pour permettre un batiment comportant des habitations multifamiliales. Pour plus d'informations concernant la lecture de I'amendement, ou pour s'enregistrer a I'audience publique, veuillez contacter le Bureau du greffier communal a I'adresse CommonClerk(u-)saintiohn.ca. Les objections a I'amendement peuvent titre ecrites ou presentees oralement a I'audience publique tenue par le conseil commun. Veuillez faire part de vos objections au projet de modification par ecrit a I'attention du soussigne a I'h6tel de ville. Si vous avez besoin des services en frangais pour une reunion de Conseil Communal, veuillez contacter le bureau du greffier communal. Jonathan Taylor, greffier communal (506) 658-2862 ` &I BY-LAW NUMBER C.P. 1114 A LAW TO AMEND THE ZONING BY- LAW OF THE CITY OF SAINT JOHN ARRETE NO C.P. 111-X ARRETE MODIFIANT L'ARRETE DE ZONAGE DE THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Lors d'une reunion du conseil Common Council convened, as follows: communal, The City of Saint John a decrete ce qui suit : The Zoning By-law of The City of Saint John enacted on the fifteenth day of December, A.D. 2014, is amended by: Amending Schedule "A", the Zoning Map of The City of Saint John, by rezoning a parcel of land having an area of approximately 2,737 square metres, located at 1 Bayard Drive, also identified as PID 00015610, from Major Community Facility (CFM) to Urban Centre Residential (RC). L'arrete sur le zonage de The City of Saint John, decrete le quinze (15) decembre 2014, est modifie par : La modification de I'annexe «A» , Plan de zonage de la ville de Saint John, permettant de modifier la designation pour une parcelle de terrain d'une superficie d'environ 2737 metres, situe au 1 promenade Bayard, egalement identifie comme le NID 00015610, de Zone de grandes installations communautaires (CFM) a Zone residentielle du centre-ville (RC). all as shown on the plan attached hereto - toutes les modifications sont and forming part of this by-law. indiquees sur le plan ci-joint et font partie du present arrete. IN WITNESS WHEREOF The City of EN FOI DE QUOI, The City of Saint John a Saint John has caused the Corporate Common fait apposer son sceau communal sur le Seal of the said City to be affixed to this by-law present arrete le X mars 2024, avec les the X day of March, A.D. 2024 and signed by: signatures suivantes: Mayor/Maire Common Clerk/Greffier communal First Reading - X Premiere lecture - X Second Reading - X Deuxieme lecture - X Third Reading - X Troisieme lecture - X ii§1.1 BY-LAW NUMBER L.G. 4-1 A BY-LAW RESPECTING THE CLOSING OF ROADS, STREETS OR HIGHWAYS IN THE CITY OF SAINT JOHN ARRETE No L.G. 4-1 ARRETE RELATIF A LA FERMETURE DES CHEMINS, DES RUES OU DES ROUTES DAN THE CITY OF SAINT JOHN Be it enacted by the Common Lors dune r6union du conseil Council of The City of Saint John as communal, The City of Saint John a d6cr&6 follows: cc qui suit: A By-law of The City of Saint John entitled, "A By-law Respecting The Closing of Roads, Streets or Highways in The City of Saint John", enacted on the eleventh day of March, A.D. 2019, is hereby amended by adding thereto Section 10 immediately after Section 9 thereof, as follows: 10 The City of Saint John does hereby stop up and close permanently the following street: RED HEAD ROAD AND HEWITT ROAD: All that portion of Red Head Road and Hewitt Road, being public streets in the City of Saint John, in the County of Saint John and Province of New Brunswick, comprising Red Head Road, having an area of 1,441 square metres and Hewitt Road having an area of 695 square metres as shown on a Plan of Survey titled, "Showing portion of Red Head Road and Hewitt Road, City of Saint John, Saint John County, New Brunswick," prepared by Hughes Surveys & Consultants Inc. and dated August 29, 2023 attached hereto. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by- law the *** day of ***, A.D. 2024 and signed by: Par les pr6sentes, 1'arr&6 de The City of Saint John intitul6, « Arr&6 relatif a la fermeture des chemins, des rues on des routes dans The City of Saint John», d6cr&6 le 11 mars 2019, est modifi6 par l'ajout de Particle 10 imm6diatement apr&s Particle 9, comme suit: 10 Par les pr6sentes, The City of Saint John barre et ferme de fagon permanente la rue suivante : RUE RED HEAD ET RUE HEWITT : Tome la partie des rues Red Head et Hewitt, qui sont des rues publiques dans la ville de Saint John, dans le comt6 de Saint John et la province du Nouveau -Brunswick, comprenant la rue Red Head, d'une superficie de 1 441 metres carr6s, et la rue Hewitt, d'une superficie de 695 metres carr6s, comme indiqu6 sur le plan d'arpentage intitul6 « Showing portion of Red Head Road and Hewitt Road, City of Saint John, Saint John County, New Brunswick)), pr6par6 par Hughes Surveys & Consultants Inc. et dat6 du 29 aont 2023, annex6 a la pr6sente. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le pr6sent arr6t6 le ** **** 2024, avec les signatures suivantes : Mayor/Maire City Clerk/Greffier communal First Reading - February 20, 2024 Premiere lecture - le 20 f6vrier 2024 Second Reading - February 20, 2024 Deuxi6me lecture - le 20 f6vrier 2024 Third Reading - Troisi6me lecture - 117 ` y fn m £ Z' W. O E c E O -� m o zi m St oP �E L S CJ 'm 0 oC off' vE U Q N T 3� S ° C° °' Cis O> \ $o N A iZ E m E E •� C q N t o v c Gt O �� o �� 0� gab vfn�� c -�o� o o w o P E cr O 5 o w g a° a HF Ism c � Q_+�'.u)hi (�w InL M . uiv8 meN � Head Rood rue Red a d, PNb1tc � z{ n� of µewity ft°° Newttk r+:e. pactwe h i Ne _,tteetl4° b..�°es j9 pnrt�orf ofheeee ubl 9veeReGp�ead.. 5traet, P° All, 9 °pO�a+Yooa�°" b Ro i� _ so RiEa�€J o „t[s &cHN sz s,aa€ J o in gG v COMMON COUNCIL REPORT M&C No. 2024-062 Report Date February 26,2024 Meeting Date March 4, 2024 Service Area Growth and Community Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT. Community Grants Program 2024 AUTHORIZATION Primary Author Commissioner/Dept. Head Chief Administrative Officer Lori Lambert Amy Poffenroth J. Brent McGovern RECOMMENDATION Your Chief Administrative Officer recommends Common Council: Approve the recommendations of the Community Grants Committee for the granting of funding to the successful applicants for the 2024 Community Grants Program, as indicated in M&C Report 2024-062. EXECUTIVE SUMMARY The Community Grants Program was adopted by Common Council in 2014 for the purpose of providing financial support for the operational needs of community organizations, projects, and/or special events. A Community Grants Evaluation Committee was created and is now comprised of two community members, two members of Common Council, and two City of Saint John staff, (Supervisor of Community Development and Manager of Inclusion). The evaluation process considers community needs, the social impact of the organization's service, project, or event; its history in serving the community, its alignment with Council Priorities, and its organizational strengths and financial responsibility. It also considers how applicant's proposed services and activities support diversity, equity, and inclusion. Using an evaluation matrix, the Community Grants Evaluation Committee's primary task is to review, evaluate, and identify funding allocations according to adopted program guidelines a n d report back to Common Council with recommendations. REPORT The funding envelope for 2024 totals $214,000, approved through the General Fund Operating Budget. The 2024 Community Grants Evaluation Committee evaluated 47 grant applications for organizational support, community projects, and special events, totaling over $682,000 in requests. The City of Saint John's Community Grants Program aims to support the many organizations who give back to the community one hundredfold. Saint John is fortunate to benefit from a vibrant and diverse community sector, which provides valuable quality -of -life services to Saint John citizens. Upon the approval of Common Council, funds granted to the recommended applicants will translate into outstanding benefits for the Saint John community. To highlight just a few, the City of Saint John will support: • Organizations, programs, and events that support diversity, equality, and inclusiveness. • Advocacy and services for citizens and children living in poverty, including food security, shelter, and skill development. • Community/Seniors Centres and other community spaces that offer a safe and affordable place to gather in our communities. • Art, music, and entertainment to nurture performers and artists, as well as citizens. • Celebrations that recognize cultural diversity. • Resources and support for newcomers. • Educational opportunities for youth. `f►�91 The Committee is pleased to recommend grant funding for the following applications for 2024. All successful applicants will be required to sign a memorandum of understanding prior to receiving their funding, which will require a commitment to submit an end -of -year report and return any unused funding. Bee Me Kidz $15,000 Outflow Ministry Inc. $12,000 Chroma NB $10,000 Elizabeth Fry New Brunswick $10,000 First Steps Housing Project Inc. $10,000 Inclusion NB $10,000 Saint John Human Development Council Inc. $10,000 Shining Horizons Therapeutic Riding Association $10,000 NB Black History Society $10,000 SJ Tool Library & John Howard Society $8,000 Dennis Morris Community Center Inc. $7,000 Ketepec Belmont Morna Outing Association (KBM) $7,000 L'Arche Saint John $7,000 Lorneville Community & Recreation Association $7,000 Martinon Community Clubhouse $7,000 Milford Memorial Community Centre $7,000 New Brunswick Youth Orchestra, Inc. (Sistema) $7,000 PRUDE Inc. $7,000 Seniors Resource Centre $7,000 Fundy Minor Football Association $5,000 Saint John Newcomers Centre $5,000 Tucker Park Recreation Association Inc. $5,000 United Colours of Fashion $5,000 You Can Ride Two - Saint John Region in conjunction with: Community Autism Centre Inc (C.A.C.I.) $4,000 Arab Cultural Association of Saint John Region Inc $3,000 Saint John Jewish Historical Society Inc. $3,000 Saint John Yuvak Mitra Mandal $3,000 Stonehammer Geopark Inc. $3,000 Red Latin Society $3,000 Hillcrest Church (West Side Christmas) $2,500 New Brunswick Competitive Festival of Music $2,000 Duck Cove Recreation and Heritage Association $1,500 Portland United Church (Concert Series) $1,000 The Community Grants Committee recommend the following applicants submit applications to other municipal grant programs: • Saint John Cycling - Refer to Laq� jor Public Purpose Grant • Third Shift — Refer to Community Arts Grants • Saint John Horticultural Association, Concert Series — Refer to Community Arts Grants There are various criteria upon which all applications are scored. This evaluation, along with a review of the application's eligibility for the program, form the basis for the Evaluation Committee's funding recommendations. It must also be recognized that there is a finite envelope of funding available. As a result, applications may have significant merit and potential benefits to the community; however, they may not be approved based on the evaluation outcomes of all applications submitted in any given year. The following applications are not recommended to receive funding from the 2024 Community Grants Program: • Area 506 Festival Ltd. • Brilliant Labs • Compassionate Grief Centre • Credit Counselling Services of Atlantic Canada, Inc. • Gentle Path Counselling Services Ltd • Lily Lake Pavilion Inc. • Sphere Adventure Programs • Thistle St Andrews Curling Club • United Way Saint John, Kings & Charlotte • We Believe - Saint John • New Brunswick Social Pediatrics Inc. PREVIOUS RESOLUTION N/A STRATEGIC ALIGNMENT The Community Grants Program aligns with Common Council's Priorities to support opportunities for growth and prosperity, and to foster a vibrant city through investment in arts, culture, and recreation experiences that create a sense of community pride. Supporting a community -based model for the delivery of recreation opportunities is also a key principle of Play SJ. SERVICEAND FINANCIAL OUTCOMES The 2024 General Fund Operating Budget included a total envelope of $214,000 for the Community Grants Program. Should the recommendations outlined in this report be approved by Common 12C2ouncil, the total envelope would be dispersed. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS • The Community Grants Evaluation Committee provided the funding allocation recommendations indicated in this report. • The Community Grants Program is administered by the City of Saint John Growth and Community Services. `P491 D '� r r I l jl COMMON COUNCIL REPORT M&C No. 2024-071 Report Date February 28, 2024 Meeting Date March 04, 2024 Service Area Public Works and Transportation Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT: Dominion Park Phase 2 Update AUTHORIZATION Primary Author Commissioner/Dept. Head Chief Administrative Officer Marc Dionne Mike Hugenhoitz J. Brent McGovern RECOMMENDATION Your Chief Administrative Officer recommends Common Council: 1. Endorse the request from the Dominion Park Community Association to allow a 6-month time period, starting from the date of this Council meeting, for fundraising efforts towards the revitalization of Dominion Park. 2. That the City enter into the Memorandum of Understanding in the form as attached to M&C No 2024-071 with The Greater Saint John Community Foundation and the Dominion Park Community Association Inc.to facilitate the processing of public donations in support of the overall "Dominion Park Revitalization Project" with no specific scope of work defined and that the Mayor and City Clerk be authorized to execute the said MOU and any other documents ancillary thereto. EXECUTIVE SUMMARY In November of 2021, Common Council endorsed the Dominion Park Master Plan as outlined in M&C 2021-292. Completion of Phase One of the project occurred in the winter and summer of 2023. Within the 2024 General Fund Capital program there is $450,000 of City Share allotted to Phase 2 of the revitalization of the park. Within the 2024 Capital Program the $450,000 of City Share funding is contingent on the City receiving Other Share funding in the amount of $450,000 from other levels of government. The Dominion Park Community Association is requesting that the city allow them a 6-month fundraising term to generate more capital towards the project in efforts to achieve a desired scope of work. `llQ111 -2- PREVIOUS RESOLUTIONS M&C 2021-292 — November 1, 2021 — Dominion Park Master Plan Phase 1 Implementation approved. December 12, 2022- RESOLVED that as recommended in the submitted report M& C 2022- 38: 7 Memorandum of Understanding - The City of Saint John, the Dominion Park Community Association and The Greater Saint John Community Foundation Common Council approve that the City enter into the Memorandum of Understanding in the form as attached to M& C 2022- 387 with The Greater Saint John Community Foundation and the Dominion Park Community Association Inc. to facilitate the processing of public donations in support of the " Dominion Park Master Plan — Phase 1" and that the Mayor and City Clerk be authorized to execute the said MOU and any other documents ancillary thereto. M&C 2023-238; Revised 2024 General and Utility Fund Capital Programs, approved October 30, 2023. REPORT Phase One of the Dominion Park Revitalization was completed in the winter and summer 2023. It saw many upgrades including a new onsite building with washrooms, lifeguard and canteen space, upgrades to the waterfront area, a seacan which includes change rooms and a one of kind wheelchair water access ramp. As per the Dominion Park Master Plan (Appendix A) potential elements listed for Phase two are a flex space, business campus and relocated basketball court along with a lookout area and playground. It should be noted that cost estimates within the Dominion Park Master Plan were prepared in 2020 and design and construction prices have significantly increased since then. As a result, staff requested a consultant provide high level estimates based on the above noted scopes of work, which are also currently detailed at very high level. The flex space, business campus and relocated basketball court is estimated to cost $950,000 while the playground and lookout structure was estimated to cost $2.2 million dollars. Once a general scope of work is chosen for Phase 2, a more comprehensive estimate can be prepared based on the defined scope of work. Allocated within the 2024 General Fund Capital program is $450,000 City Share towards Phase two of improvements to the park. Within the 2024 Capital Program the $450,000 of City Share funding is contingent on the City receiving Other Share funding in the amount of $450,000 from other levels of government (i.e. Regional Development Corporation). Remaining cognizant of the rising cost that occurred during Phase One, whereby the tender results were approximately $400k over budget, staff engaged with the Dominion Park Community Association (DPCA) in -3- discussions surrounding the next steps forth e park. City staff presented the group with two options for possible next steps. 1. Develop a scope of work for a playground to be in the existing location. Project budget amount would align with the approved 2024 General Fund Capital Program ($450,000 City Share & $450,000 Other Share) - The Marketplace option as noted below. Staff would anticipate this proposed scope of work being a one phase project. 2. Develop a dialed back scope of work for a smaller playground and lookout. Project budget amount would align with the approved 2024 General Fund Capital Program ($450,000 City Share & $450,000 Other Share). The Lookout option as noted below. This option would have to be a phased approach as the revised high-level estimate for this scope of work is much greater than the current available budget. 4# k '#�, The DPCA are passionate about the project and want to see the full vision come to life. They do not want to fully alter the scope of the proposed elements earmarked for Phase Two, however they are suggesting some changes which include the elimination of the business campus, flex space, relocated basketball court and complexity of the service road (i.e. not a full roadway) from the plan, scope the playground and lookout complexity based on the final budget established and remove the existing playground and seed the area. The DPCA have requested that the city permit them six months to raise money to complete public donations in support of the overall "Dominion Park Revitalization Project". The scope of the work for Phase two is not yet determined and will be dependent on how much funding DPCA is able to raise for Dominion Park improvements. They `PIU -4- anticipate, with the helpfrom citystaff, applying for federal and provincial funding along with corporate and private donors they will be able to raise significant funding. It should be noted that City staff cannot formally apply for the federal and provincial funding until the scope of work for Phase 2 is defined and budgetary estimates are completed. The DPCA are aware that if the required amount to achieve all aspects of the project are not raised, then the city will proceed with scoping out work based on the available funding at that time. Memorandum of Understanding Dominion Park master plan will be funded through various sources, including fundraising efforts from the Dominion Park Community Association. During Phase 1 of the revitalization of the park the Community Association successfully raised funds which were held by the Greater Saint John Community Foundation ("GSJCF"). In order for the community to continue to leverage funding a memorandum of understanding (MOU) needs to be authorized between all parties (Appendix B). Staff recommend that Common Council approve the attached MOU. The memorandum of understanding includes provisions that support the following known conditions associated with the agreement, among others; • Funds submitted to the City through this agreement will support the Dominion Park master plan. • Donations will be made to the Greater Saint John Community Foundation specific to the Dominion Park Revitalization Project. The Foundation will provide donors with a charitable tax receipt and will deduct a 2% administrative fee all donations received. • The Foundation will provide the funds to the City on a twice annual basis which the City may use to support the project as agreed upon between the City and the Community Association. • This Memorandum of Understanding may be reviewed and amended during the duration of the Project, at the request of either the City, the Association or the Foundation. STRATEGIC ALIGNMENT This report aligns with the following facets of Council's Priority 2021-2025: Grow, Green, Belong and Perform. Under the heading of "Vibrant City" in Council Priorities, Council commits to "Maintain regional and district parks and enhance Dominion Park." MAIN -5- SERVICEAND FINANCIAL OUTCOMES Within the 2024 General Fund Capital program there is $450,000 of City Share allotted for Phase 2 of the revitalization of the park. Within the 2024 Capital Program the $450,000 of City Share funding is contingent on the City receiving Other Share funding in the amount of $450,000 from other levels of government (i.e. Regional Development Corporation). If the scope of work is increased compared to what was previously approved within the 2024 General Fund Capital program additional funding from various sources (i.e. provincial, federal, donors, etc.) will be required in order to design and construct a project to the revised scope of work. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Staff from Growth and Community Services, Public Works and Transportation Services and Finance have reviewed this report. ATTACHMENTS Appendix A - Dominion Park Master Plan Appendix B - Memorandum of Understanding between the Saint John Community Foundation, City of Saint John and the Dominion Park Community Association. fIp'l:3 n W d n a � DLLJ Q z U z LLJ O LLJ CIDQ J p — a zUY c� rL.L J Q d M M Q0 W CD W M � Ln • W J zU o� �L_ 0 J WLU U O� • - W 06 Xz �z ww zw nzL/)LU .Lo z U < U 0 0� EDU v - Q - m 4-Uw -� ~ z XXXJJUw O�Uz 0 I-uC)E0 _ 0 Q � J oo vl z Ln Q w� Q W w +-� W a � ° Lu M +-J U 2 w 0 Q U 2 2 T m 0 0 0 m 0 N o C Q� B - . / • ; , owl • r V ro ' • , • ` • , w 4- Ul• ` s• s • 1 •� } •Ul ' • 1 , / • • • f / • • 00 •d JA -; is , • • • • • • • r 14-1 7 1 : • , Ri • • • • R ' • 1 • • \ • • • ' • T 1 • uj • •• , , • • 1 • {' 1 • 1 •C— • • - • • 1 • 1 • • • Ln • • 1 \ ` 1 • 1 • 1 ' ' •Ln • • • 4-1 • f }' 1 • 1 ' • • ' • • • • C 1 1 • 1 1 • 'r •73 ` 1 • 1 • • ' • , \ ' • • 2 • • 1 •• I f 1 • • • • • , , • • • a) E• , d 1 ` • 14 4 r / • • • / • o • • 1 • ,X • • r • • • • • • 1 aJ N i aA } O N i - E r6 V- aJ � v aJ L O O O_ O m L 0 E >, N �O d d Q 4- a) Q v L N 3 '_' 4--' ro ro -61 E CO .0 p Q— O_ Q O_ X i N v N p p p O +J V -O +� v Q 14 O� O a) ate--+ C Oy C N N C v W p O ate' " to O C" O `� O aJ 0 Q O O O 'O l7 •� N Z' N C aJ Q .N 'O C C U Q bA C U vi 'C C O O .Np 0C O O o � Ln >' 4., aQ) E V pC a) O b0 C + � " XC C C VO by .p } Oo c>3 L a Q Q) N C O C O bA� •bC0-C L Q� O O C i> v O bCO C C '� � Q O TO E C r6 p H a V X N ate--+ t 4- a) bA r6 � ro 0_0 O V O OV .0 r6 O O O d a) L= aO U- '� Q C U) L O O C O a) bA p ate- aO a C N V rB Q � r6 E N aJ •- '_' C c>3 r N r6 1 N U) C .- - r6 O 0 bCO a) to C C C N p 'O p Q C O aO- C C O -E 41 4 C 0" v p '_ f c>3 C O p Q O a) aJ LP/'� O N C C O C Q N v o O a) p Q E 0 Z>''- E r� u E V 4- Q U O i) N L E aJro C to N a� Q i U1 .N aJ i aJ a) O L S Q v U aJ V aJ aJ aJ ro a) O > aJ O 0 .� O Q f V Q r6 � � O i) .- � 0- f- O iJ 0 I 0 5Z 0 c i C N O p ro dJ v d E v +� � O Q Q) i C aJ 'p aJ bA Oro C O � ro O dJ� dJ > u Q) � a� — O O -E c , Q) m p a) ro LL O u C)�� o 4- 4-� N Q) C aJ i i Ef p O -C 0-2v O � C Q) ,� C V C ro v1 0 0 i N L, 0 L 00 Q w � O O P U O i t o F U U O 2 4-1 H i oLi O O O ?> C N( O— 3 J Iro n Q O C 1O a) N 0 l>�ro > iJ O-+-+ ate+ O E a--+ 4--+ro m � -O a_ 4-- aro C .� L .N --+ `� X~ O dJ O p ro U Q :3 E oo '- � v c " o w z Z m cn < U) V aJ u c Nw ^11 o4_ a, °a,--oQ V Q co Q Ln Ln W a1 J �dr�,�i d al gM 31C�Ya }} i- Y Y S, N" 4 3N1 ¢' 146 fa i snn Y i I Jig Y+��I y nP� T 4 jq5 \'MM J L�L �T T ygyg y pp W. 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I yAp� :� ZY TSr. ' i rip, ALN MEMORANDUM OF UNDERSTANDING This Memorandum of Understand ("MOU"), dated as of the day of March , 2024, (the "Effective Date") sets forth certain understandings between the Dominion Park Community Association Inc. (the "Dominion Park Association"), a body corporate having its head office in Saint John, NB, The Greater Saint John Community Foundation (the "Community Foundation"), a body corporate having its head office in Saint John, NB, and The City of Saint John (the "City"), a body corporate by Royal Charter confirmed and amended by acts of the Legislative Assembly, having its head office in Saint John, NB, relating to the acceptance of donations to support the Dominion Park Revitalization Project. The Dominion Park Association, the Community Foundation, and the City are sometimes referred to individually as a "Party" and collectively as the "Parties". WHEREAS: A. The Dominion Park Association is a body corporate pursuant to the Companies Act, and wishes to raise funds through public donations to support the restoration of Dominion Park in accordance with the City's `Dominion Park Revitalization Project " (the "Project"); B. The Dominion Park Association is not a qualified donee for the purpose of the Income Tax Act and therefore is unable to provide official donation receipts to donors; C. The Community Foundation can issue donation receipts but in order for the Dominion Park Association to receive the funds, they must partner with a sponsor; and D. The City has agreed to act as the sponsor for the purpose of facilitating donations; NOW THEREFORE THE PARTIES HAVE AGREED AS FOLLOWS: 1. Purpose of the Memorandum 1.1 The purpose of this MOU is to set out the basic terms by which the Dominion Park Association, the Community Foundation, and the City will receive donations, administer donation receipts, and disburse donated funds in support of the Project. 1.2 This MOU is a binding agreement and shall be legally binding upon and enforceable against the Parties hereto and their successors and permitted assigns. `tLl 2. Administration of Donations 2.1 The Community Foundation will receive donations on behalf of the Dominion Park Association for the purpose of the Project and will issue donation receipts to donors. 2.2 The Community Foundation will provide the City with all donations received during the Term of this MOU, less 2% administrative fee which shall be paid to the Community Foundation. 2.3 The City and the Dominion Park Association will receive an annual accounting of all donations received at the end of the Community Foundation's fiscal year, no later than thirty (30) days after the end of said fiscal year. 2.4 The Community Foundation will provide the cumulative donation received, less the administrative fee in accordance with paragraph 1.2, to the City on June 30t" and December 15tn 2.5 The City shall hold the funds received from the Community Foundation and shall only disperse the funds as jointly agreed upon by the City and the Dominion Park Association to support the Project. 3. Term and Termination 3.1 The Term of this MOU shall commence as of the Effective Date and end on December 31, 2024, unless terminated earlier in accordance with the MOU or otherwise agreed between the Parties (the "Term"). After the expiry of the initial Term, the Parties may consider a renewal or extension if agreed upon by all Parties. 3.2 If any Party neglects or fails to perform their obligations as outlined in this MOU, any other Party may give written notice of the default under the MOU and, entirely without prejudice to any other rights, remedies, or claims it may have under this MOU or otherwise, terminate this MOU forthwith. 4. General Provisions 4.1 Costs and Expenses: Each Party shall bear all expenses incurred by it in connection with this MOU unless otherwise expressly set out herein. 2 175 4.2 No Partnership: No partnership is created by this MOU. Nothing contained herein shall or shall be deemed to constitute the Parties hereto as partners nor as agent of the other nor any other relationship whereby either could be held liable for any act or omission of the other. The Parties shall not have any authority to act for any of the others or to incur any obligation on behalf of the others save as specifically provided by this MOU. 4.3 Time of the Essence: Time shall be of the essence of this MOU. 4.4 Governing Law: This MOU shall be governed by the laws of the Province of New Brunswick 4.5 Successors and Assigns: This MOU may not be assigned by a Party without the prior written consent of the other Parties. The rights and liabilities of each party shall enure to the benefit of their respective successors and permitted assigns. 4.6 Notices: Any notice, demand, request, consent or approval which is required or permitted to be given or made by one Party to any other Party pursuant to any provisions of this MOU shall be valid and effective if delivered personally at, or if sent by prepaid courier, telecopy, electronic mail or other similar means of prepaid recorded communication to the respective parties as follows: (a) If to the City The City of Saint John General Counsel Office City Hall 15 Market Square Saint John, NB E2L 41_1 Email: generalcounsel@saintjohn.ca With Copy To: The City Clerk Email: cityclerk@saintjohn.ca (b) If to the Community Foundation: Email: President and CEO PO Box 20061 Brunswick Square Saint John, NB E2L 5132 kelly@sjfoundation.ca 3 176 (c) If to the Dominion Park Association: 809 Manawagonish Road Saint John, NB E2M3W9 4.7 Counterparts: This MOU may be executed in any number of counterparts, each of which shall be deemed to be an original and all of which taken together shall be deemed to constitute one and the same instrument. Counterparts may be executed either in original, electronic or faxed form and the parties adopt any signatures received electronically as original signatures of the parties. [SIGNATURE PAGE FOLLOWS] 4 177 IN WITNESS WHEREOF, the Parties hereto have executed this MOU as of the date set forth above. SIGNED, SEALED & DELIVERED THE CITY OF SAINT JOHN Donna Noade Reardon Mayor Jonathan Taylor City Clerk Common Council Resolution: THE GREATER SAINT JOHN COMMUNITY FOUNDATION: Kelly Evans, President & CEO Per: THE DOMINION PARK COMMUNITY ASSOCIATION INC. Per: 5 178 COMMON COUNCIL REPORT M&C No. 2024-070 Report Date February 28, 2024 Meeting Date March 04, 2024 Service Area Growth and Community Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT. 2024 Menahqesk (Saint John) Powwow AUTHORIZATION Primary Commissioner/Dept. Chief Growth Author Head Administrative Committee Officer David Amy Poffenroth J. Brent Deputy Mayor Dobbelsteyn McGovern MacKenzie RECOMMENDATION It is recommended that Common Council allocate up to $50,000 from the Community Services Reserve to support the coordination of the 2024 Menahqesk (Saint John) Powwow. EXECUTIVE SUMMARY There is a strong desire by First Nations leaders and the City of Saint John to hold a Powwow in Saint John in the Fall of 2024. This report provides a general overview of the Powwow along with a brief overview of community, cultural and economic impacts. It is anticipated that this two-day Powwow could attract upwards of 10,000 visitors to the region in October. Approximately 2.6% (3,285) of the residents of the Saint John region claim Indigenous identity and holding a Powwow in Saint John would not only allow these residents an opportunity to connect in a meaningful way with their heritage and traditions, it would also significantly advance the path of Truth and Reconciliation in Saint John and promote greater peace and friendship between Indigenous and non -Indigenous peoples. PREVIOUS RESOLUTION February 27, 2024, Growth Committee Resolution It is recommended to the Growth Committee: That Common Council allocate up to $50,000 from the Community Services Reserve to support the coordination of the 2024 Menahqesk (Saint John) Powwow. -2- December 11, 2023, Common Council Common Council received an update on Truth and Reconciliation efforts from the General Counsel and resolved to endorse the initiatives described in that report, including the efforts to bring a Powwow to Saint John. REPORT The City of Saint John/Menaquesk is situated on the traditional territory of the Wolastogiyik/Maliseet. The Wolastogiyik/Maliseet along with their Indigenous neighbours, the Mi'Kmaq/Mi'kmaw and Passamaquoddy/Peskotomuhkati signed Peace and Friendship Treaties with the British Crown in the 1700s that protected their rights to lands and resources. As part of the City's journey toward Truth and Reconciliation, the City has been engaging in discussions with First Nation leaders to coordinate a Powwow in Saint John and City staff are working in partnership with Indigenous and non -Indigenous stakeholders in this respect. The Powwow would be hosted by the Wolastoqityik and Mi'kmaq Nations. In the Wabanaki region (Atlantic Canada/New England) Powwows are vibrant expressions of culture, bringing together communitities from across the region --- these events are also called Mawiyamok (Wolastgey) and Mawio'mi (Mi'kmaq). A Powwow is typically a celebration of dance, drums and songs, buying and selling crafts, workshops and education, an opportunity for Indigenous people to show pride and respect for their culture, reconnect with old friends and make new ones, and is ultimately a testament to the strength, resolve and traditions of First Nations; it is a feast for the senses, deeply culturally significant, and typically open to attendance by Indigenous and non -Indigenous peoples alike. In a darker part of Canada's history, Powwows were banned under the 1876 Indian Act unless sanctioned by the Federal Government. This decision was used as a means to restrict the sharing and passing on of First Nations' knowledge and traditions, especially between elders and children; Powwows were ultimately restricted to promote cultural assimilation. This prohibitive legislation also coincided with similar oppressive legislation in the United States, and it significantly curtailed ceremonial life of First Nations. During this time, Powwows were often held by First Nations in secret and many First Nations members, and especially children that attended residential schools, were made to experience significant shame with the concept of Powwows. At the consistent urging of First Nations across Canada, amendments to the Indian Act were finally made in 1951, and Powwows have been held in Canada without interference by Federal Agents since that time. Today, Powwows stand as a testament against assimilationist policies and are a place where Indigenous and Non -Indigenous peoples can gather in peace and friendship to celebrate and share culture and traditions. `E:191 -3- Hosting a Powwow in Saint John would have deep meaning as Menahqesk (Saint John) - the traditional territory where the Wolastoq (Saint John) river meets the ocean - means "where the sea takes the land", and this place has been known from time immemorial as a gathering space (lhtoli-magahamok) for First Nations. Powwows have had significant cultural and economic impacts on communities. Some of them can attract upwards of 25,000 visitors to the event, especially in urban centres. Over the Summer and Fall of each year, people travel all over Canada and North America to attend Powwows. This is known colloquially as "The Powwow Trail" and it is common for Indigenous performers to'follow' the trail all season to perform and compete. Powwow Committee The Powwow would be hosted and lead by the Wolastoqityik and Mi'kmaq Nations. The Powwow will be coordinated by a Committee made up of First Nations stakeholders, First Nations event coordinators, City Staff and Non - Indigenous stakeholders. Community Services Reserve Policy While a Business Case is not required for funding requests of less than $250,000 — per the Community Services Reserve Fund Policy — staff has still conducted a high- level business case review and an overview of how this request aligns with this Policy. The attendance for Powwows can range between a few hundred to tens of thousands of people. There are currently no Powwows held in Southern New Brunswick; the nearest and largest Powwow in New Brunswick is held in Fredericton by Sistansisk (St. Mary's) First Nation. The Powwow in Saint John is expected to draw approximately 400 performers and 60 Indigenous vendors. It would be held primarily at TD Station on a weekend in October. As this would be the last event at the end of the Powwow Trail, indoors, and in one of the largest venues in Atlantic Canada, it is anticipated that between 5,000 and 10,000 visitors could descend upon Saint John to participate in the Powwow. This volume of visitors would have noticeable economic spinoffs via spending at local accommodations, restaurants, transportation, rentals and shopping. It is very challenging to conduct pre -event economic impact assessments, but a high-level estimate would put anticipated visitor spending related to the Powwow at approximately $1.3M to $2.2M based on projected attendance. The City's investment of $50,000 could unlock an additional $175,000 in direct event funding from other funding partners. Staff have a solid level of confidence -4- that the Powwow Committee will be able to attract the required financial support from other partners, including local businesses. If funding cannot be secured, the Powwow would not take place in 2024 and approximately $40,000 of the City's contribution would be considered a sunk cost and non -recoverable. Perhaps more importantly than the anticipated Economic Impact is the Social Return on Investment for Saint John that would be realized by hosting a Powwow - and of this scale. This Powwow would enhance the quality of life in Saint John, especially for the thousands of local residents who claim Indigenous heritage and would foster a more welcoming community that promotes Truth and Reconciliation. 2024 New Brunswick Powwow Tentative Schedule 2024 New Brunswick Powwow 7iune15-16 Sitansisk (Saint Mary's) Fishermen Powwow (Miramichi) uy - 7 Oinpegitjoig (Pabineau) July 6 - 7 July 20-21 July 27-28 Welamukotuk (Oromocto) Natoaganeg (Eel Ground) Neqotkuk (Tobique) Metepenagiag (Red Bank) July 27-28 Aug 17-18 Ugpi'ganjig (Eel River Bar) Aug 22-23 Esgenoopetitj (Burnt Church) Aug 31-Sept 1 Elsipogtog (Big Cove) Sept 7 - 8 Bouctouche (Tjipogtotg) Sept 14- 15 Bilijk (Kingsclear) Menahqesk (Saint John) Oct TBD STRATEGIC ALIGNMENT BELONG • We enhance the quality of life and social well-being in a safe place to live. • Foster Diversity and Inclusion • Cultivate community pride and unity by promoting beautification, arts, culture, and heritage. Community Services Reserve Policy 2.2 All Projects must give strong evidence that the completion of the Project will lead to increased quality of life in Saint John or will advance the city's interests in promoting inclusion and community development as confirmed by Growth Committee ("Community Services Agenda"). -5- Hosting a Powwow also aligns with the City's Truth and Reconciliation Framework SERVICEAND FINANCIAL OUTCOMES Staff is recommending to the Growth Committee that Common Council allocate $50,000 from the Community Services Reserve to support the Powwow in 2024. This would be the initial financial seed funding to formally begin event planning. Staff has confirmed that this funding request aligns with and meets the requirements of the Community Services Reserve Fund Policy. These funds would not be used as a grant but would be used by the City for operational expenditures related to event coordination and support as part of its role on the Powwow committee. It is anticipated that the overall cost of the Powwow is approximately $225,000 and this financial contribution from the City will be leveraged to secure sponsorships and financial commitments from other sources to make up the remainder of the event costs and ensure that the Powwow is free to attend for all visitors. While this funding request of the Community Services Reserve is for one year only, once the Powwow is held for the first time in the City, it unlocks the new recurring sources of funding for future years. A weekend attendance of 5,000 to 10,000 people would generate approximately $1.3 to $2.2M in local spending. Similar to hosting the Memorial Cup in 2022, staff anticipate the City offering in - kind support to assist the Powwow committee in the coordination and execution of the event including staff time and the use of TD Station and other civic in -kind resources as reasonably requested. The Community Services Reserve currently has $355,000 in unallocated funds available. Approval of this funding request would leave $305,000 unallocated. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS This report has been drafted in consultation with Growth and Community Services, The General Counsel Office, Strategic Services, the CAO's Office, and the City's Truth and Reconciliation Team. Staff has been in regular meetings with First Nations. Staff has also held preliminary meetings with Envision Saint John who have committed $30,000 in financial support as well as in -kind support. Staff has also met with OVG and other local Non -Indigenous stakeholders regarding the Powwow. `E:191 -6- ATTACHMENTS N/A `E:i! It I COMMON COUNCIL REPORT M&C No. 2024-057 Report Date February 28, 2024 Meeting Date March 04, 2024 Service Area Growth and Community Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT. Sophia Recovery Centre Funding Request AUTHORIZATION Primary Commissioner/Dept. Chief Growth Committee Author Head Administrative Officer Cara Coes Amy Poffenroth J. Brent McGovern Deputy Mayor MacKenzie RECOMMENDATION It is recommended that Common Council authorize the City of Saint John enter into a formal funding agreement for an amount of $50,000 with the Sophia Recovery Centre Inc., drawing the funds from the Community Services Reserves in 2024. EXECUTIVE SUMMARY On September 18, 2023, CAO McGovern referred a funding request received from the Sophia Recovery Center Inc. (SRC) for its evaluation and recommendation to Growth & Community Services. The SRC is requesting $50,000 from the City of Saint John to support their approximate $1.5 million project, as well as ongoing support for seasonal snow removal from the driveway and parking lot at the new facility. Their package of information submitted outlines the rationale and impact of this project, including the economic impact. To facilitate the consideration of the SRC's financial request to the City of Saint John, the Chief Administrative Officer reviewed the Business Case to confirm it met all criteria of the Grant Policy and the Community Services Reserves Policy, and asked staff to conduct an evaluation of the opportunity to provide a recommendation for the Growth Committee's consideration. Staff's assessment of the SRC's proposal incorporates three evaluation categories: strategic alignment, economic impact, and community impact. Staff's assessment concludes that there is merit in the City entering into a formal agreement for financial support with Sophia Recovery Centre. Staff recommend that the City does not provide in -kind snow removal of their parking lot and driveway. `E:16'7 -2- This recommendation proposes a one-time funding envelope commitment from the Community Services Reserves Fund, entering into a formal service agreement in 2024 as per the Grant Policy. PREVIOUS RESOLUTION RESOLVED that as recommended in the submitted report "Sophia Recovery Centre Funding Request" the Growth Committee recommend to Common Council that the City of Saint John enter into a formal agreement for an amount of $50,000 with the Sophia Recovery Centre, and Common Council approve drawing the funds from the Community Services Reserves in 2024. REPORT Background On September 18, 2023, the Sophia Recovery Centre Inc. (SRC) submitted a business plan to the Chief Administrative Officer, which outlined the details of the Sophia Recovery Centre facility project. The package also included a financial and in -kind ask to the City of Saint John. The Chief Administrative Officer referred the package to the Commissioner of Growth and Community Services to assemble a cross- corporate staff team to facilitate an evaluation of SRCs financial request. Overview of Project The Sophia Recovery Centre's facility project will replace their current rented spaces throughout the city, bringing all staff and operations together under one roof. SRC purchased the property in June 2023, fundraising campaign June through September, with site preparation set to be completed at end of October 2023 and the renovation beginning with a target completion and relocation date of February 2024. The project is just a few weeks behind, beginning early winter 2023 with site preparation. As described in the SRCs package, the project is driven by the growing need in the community to provide space for staff, programs and services delivered by Sophia Recovery Centre. Completion of this project will result in monies saved through the transition from paying rental fees to a mortgage, the addition of available parking for clients and staff, increasing programs and services offered to meet the rising demand for recovery support, and achieving SRC's strategic plan on growth and expansion. The project is estimated to cost $1.5 million, of which SRC will be contributing approximately $1 million via financial assets and fundraising. Additionally, Sophia Recovery Centre has secured $485,000 of Provincial funding through the RDC Community Development Fund. Project Evaluation To make a recommendation, staff used three broad categories to effectively `DIN -3- evaluate the merits of the project and whether it should be considered for City of Saint John funding. The three categories are: strategic alignment, economic impact, and community impact. STRATEGIC ALIGNMENT The first critical consideration in evaluating this project is to demonstrate that the project aligns with the City's pre-existing strategies and plans. This project has strong ties to two of the core categories from Council Priorities 2021-2026, Grow and Belong. 1. Grow — This project will contribute to the labour market, both in development and operations. 2. Belong — Saint John continues to expand on its quality -of -life offerings and recognizes the need to introduce expanded program and service offerings the Sophia Recovery Centre will provide such as client and caregiver care, in person sessions, increased mental wellness -based offerings, community spaces, and collaborative opportunities within the community. This expansion will also help reduce usage of acute programs and emergency care services in hospitals. This project aligns with Plan SJ, the City's municipal plan, acknowledging the importance of community facilities creating complete and healthy communities; recognizing natural spaces, recreation, and community facilities enhance social interaction while providing diverse activities and amenities. COMMUNITY IMPACT Assessing community impact has not yet been defined. The City of Saint John is working on initiatives on how to inform the public of the value and impact of its own quality -of -life offerings and services, which require a comprehensive analysis and clarity on what precisely is meant by community value (which falls outside the scope of this assessment and report). Examples of community impact within our community have been seen through the City's recreation user fees, PRO Kids, Community Services offerings, and senior and youth programming and services. While measuring impact is a work-in- progress, the City acknowledges that there are improvements needed in our efforts towards justice, equity, diversity, and inclusion, including our efforts towards Truth and Reconciliation. According to the documentation shared by Sophia Recovery Centre, the project is expected to impact neighborhood and public safety, healthcare, family and school lives, social services, and employment. The project is expected to enhance the development and delivery of programs -4- to upwards of five hundred women by end of 2025; having served three hundred and thirty women in their 2022/2023 fiscal year. According to the documentation submitted by the SRC, they intend to enhance their existing partnership with GNBs Department of Health's Stepped Care model for Addictions and Mental Health. ECONOMIC IMPACT Through a robust partnership and integral role as a community partner with GNBs Department of Health's Stepped Care model for Addictions and Mental Health, SRC is currently in discussions to secure a 10-year funding commitment. As a secondary funding source, Sophia Recovery Centre has an established and stable funding partnership with United Way. A formal social return on investment analysis of SRC programs, completed in 2017 by SiMACT, evaluated the level of perceived operations, finding that a $6.03 of value is created on every program dollar invested at the Sophia Recovery Centre. Therefore, an annual social and economic return of close to $5 million dollars is a reasonable estimate and expectation. Additionally, the future development of a social enterprise, generating additional revenue in support of Centre operations is intended for one-third of the acre property. Expenditure Considerations City staff reviewed Sophia Recovery Centre's Business Case and impact on the community with the expansion project. Staff conclude that a request for $50,000 is a reasonable ask of the City of Saint John and meets the Community Services Reserve Fund Business Case requirements. The City's Core Priority Belong intends to provide safe and inclusive spaces for all members of the community. This expansion offers recovery to those community members needing additional support, it offers safe public spaces for all community members to feel welcome and this project also provides support to community members who are developing skills to gain resources to support their recovery and family long term through employment opportunities and well clients. Staff conclude that due to rising costs, staff capacity, weather unpredictability while being mindful of our core focus of maintaining public spaces, it is not recommended to support annual driveway and parking lot snow removal at the new facility. Staff recommend SRC engage external service providers and other funding opportunities in the community to support this need. The Province's total investment into the project is $485,000, and with the SRCs investment, including fundraising, are set to achieve approximately $1 million. `E:1:3 -5- One of the important considerations in the City's evaluation of this project is the Council approved Capital Budget Policy that restricts the City of Saint John's ability to fund capital projects that are not owned by the City of Saint John. The City does have a long history of offering grants to non-profit organizations in the community to improve their ability to deliver new and improved services to the Saint John community. Staff has reviewed the granting policy as well as funding options, including the Land for Public Purpose and Beautification grants in assessing how the City could financially support this funding request. Per the CAO's direction, staff are recommending the City enter into a formal agreement as per the policy for an amount of $50,000 with the Sophia Recovery Centre, drawing funds from the Community Services Reserves in 2024. Recommendation After assessing SRC's proposal across the three assessment categories of alignment, economic and community impact, as well as investigating funding methods within the City, staff believes there is merit in contributing to this project. While staff acknowledge that the overall community impact is difficult to evaluate, with metrics provided by Sophia Recovery Center and Council Priorities of maintaining a safe and inclusive community, staff conclude that this project is important to all members of the community and the overall vibrancy of the City of Saint John. STRATEGIC ALIGNMENT Grow: Service Delivery, Strategic Alignment with the 10-year strategic plan. Belong: Quality of Life, Social Well-being, Wellness programs and services. SERVICEAND FINANCIAL OUTCOMES As outlined in the Community Services Reserves Policy: Section 1.2—Policy Statement; The purpose and exclusive use of this reserve is for supporting innovation, piloting & testing new one-time initiatives intended to improve quality of life and enhance inclusion or community development in Saint John. ("Projects") Section 2.2 — Evaluation Criteria and Permitted Use of the Fund; All Projects must give strong evidence that the completion of the Project will lead to increased quality of life in Saint John or will advance the city's interests in promoting inclusion and community development as confirmed by Growth Committee ("Community Services Agenda") Section 2.8 — Evaluation Criteria and Permitted Use of the Fund; Third -party `E:1%7 -6- organizations may not apply forth is Fund, though, Common Council may elect to use funds from this reserve to support the Community Services Agenda via a formal agreement with a controlled entity of the City, or an incorporated non- profit organization. It is important to note that monies already allocated from the Community Reserves Fund leave the remaining balance of $585,000. Based on the current property assessment of $148,800, the city presently collects $4,098 in municipal property taxes annually. Water and sewer collected for this property in 2023 has exceeded 2022 consumption levels and is currently at $1,083 as of September 2023. Additionally, a building permit application was submitted with a construction estimate of $600,000 and permit fee of $5,460. With the proposed improvements to the site, it can be assumed that the property assessment value will increase post -development, allowing for additional tax capture. Based on the 2023 property assessment and the annual water and sewer consumption, the City of Saint John could expect $5,181 annually. With the one- time injection of $5,460 in permittingfees, and annual revenue thereafter, the city could realize its financial return on investment within nine years. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS This report was supported by Finance, Growth & Community Services, Public Works & Transportation, Permitting & Infrastructure, and GCO. ATTACHMENTS 1. Letter to the Mayor 2. Package submitted by Sophia Recovery Centre 3. Funding Agreement 4. Funding Agreement with Oath liRX SOPHIA RECOVERY CENTRE Capital Campaign in Support of the Acquisition and Renovation of a New Centre Date: April 27 2023 To: Mayor Donna Reardon From: Lynn M. Nagle, RN, PhD, FAAN, FCAN, President of the Board of Directors; Julie Atkinson, BA, MA, Executive Director What we do Sophia Recovery Centre is a registered charity founded in Saint John in 2008. Our vision is that every woman seeking freedom from addiction will discover empowerment, community, and the ongoing support necessary for recovery and sustained wellness. Over a 15-year history, our work has been devoted to empowering women to take their lives back through the provision of peer support, counselling and evidence -based group programs. Working in partnership with Horizon's Mental Health and Addiction services, SRC programs fill critical gaps in the continuum of care for women and are delivered by a collaborative team of licensed professionals and peer support staff. Our ultimate mission is to deliver the right care, support and intervention at the right time so that women can fully inhabit their place in the community as healthy, contributing individuals. Outcomes and Impact by the numbers (extracted from 2022 annual report) • 312 women supported in 2022 • 5,000+ interventions/services delivered in 2022 • 50% client growth from 2021 to 2022 • 88% of program participants reported eliminating or significantly reducing their substance use. SRC diverts individuals from repetitive emergency visits and acute care settings and reduces the burden on the healthcare system, law enforcement/justice system and other social services. Consider the following statistics from the Canadian Institute for Health Information (CIHI)(2019): • Average cost of an Emergency Department visit for Mental Health & Addictions visit: $309 - $389 • Average cost of each hospital stay for substance use disorder -related cases was $4331 (2017) • Average cost to facilitate programs and interventions for one woman at Sophia for one year is $2080. Plans for a new Centre The existing 1,100 sq ft rental apartment housing our operations in uptown Saint John has been rife with structural and environmental challenges and has become wholly inadequate. The property has been sold twice in the past 2 years with associated rent increases (25%), flooded in Feb 2023, and allows no parking for clients or staff. Sharing this building has also exposed our clients to further risk with other tenants selling and using drugs. Over the past 6 months, it became necessary to rent 3 additional small apartments within the Saint John region to support operations and program delivery. With an increased demand for recovery services, the increased staffing required to meet those demands and the current space constraints, the situation has become dire. ` eli • Staff complement has tripled since 2020 in order to meet the demand for services. • Rent is approx $5000/mo to maintain 4 rental units, (further rent increases expected in 2023) After 2 years searching for an appropriate property, an offer ($400,000) to purchase a 3,600 sq ft commercial building was successful. This property requires a complete renovation. • Closing date: June 1, 2023. • Location: 238 Metcalf Street, Saint John (an ideal central location with ample parking and bus route proximity; property includes vacant space amenable to a future social enterprise for revenue generation.) Fundraising and Donations In Kind In 2021, a capital campaign was launched to raise funds to acquire a new facility. In addition to the purchase price, total project costs encompass: 1) site preparation, 2) building renovation, 3) appliances & furnishings and 4) landscaping and paving. Government: The Regional Development Corporation has committed to allocate up to $485,000 (50%) of our renovation costs. Efforts to secure equivalent federal funding have come up short. We are not eligible for any existing federal grants programs. In kind services and materials: • Engineering services, Fundy Engineering & Consulting Ltd. - $5000 • Building site assessment and renovation quotation, MCL Construction Ltd, - $8000 • Construction labour from Black Lives Matter carpentry apprenticeship program - value TBC • Labour from Goodlife Roofing Ltd, -value TBC • Benjamin Moore, Quispamsis - paint and materials— value TBC After our closing date on June 15T, 2023, we need to promptly commence with the essential renovations required to bring the building to a fit -for -purpose condition. We still need to raise approximately $388,000. It is critical that we raise this amount over the next 6-8 weeks to allow the project to move forward. To be blunt, SRC will be unable to meet the escalating demands for addiction recovery support from the women of our community without the timely completion of this project. The proposed new facility at 238 Metcalf Street will position SRC to support all women seeking recovery in the greater Saint John region and will also facilitate expansion of SRC services to other parts of the province. Contact: Julie Atkinson, Executive Director, (506) 343-0860; director@sophiarecovery.com SOPHIA RECOVERY CENTRE 83 Hazen Street, Saint John, NB, E2L3L2 Registered Charity *: 82914o896 RR000i Sophia Recovery Centre, Saint John Facility Project Business Case September 19th, 2023 `&OW Executive Summary Sophia Recovery Centre is seeking support to complete a relocation to a new, larger facility in Saint John. SRC's long term operational funding partners are supportive of an expansion in programming to meet the increasing need for services in the community. The Centre's current location has become wholly inadequate to meet the demand for women's recovery services and a new property has been purchased. A complete renovation of the current building on the site is necessary. Paving and landscaping of the 1/3 acre lot is also needed. A comprehensive project budget and funding strategy have been developed. Provincial funding ($485,000) has already been secured. A capital campaign (ongoing) has also raised significant funding from private donors, foundations and the local business community. The request herein is for support from the City of Saint John in the amount of $50,000.00 towards the project. In addition, we are seeking municipal support for ongoing seasonal snow removal from the driveway and parking lot at the new facility. ORGANIZATIONAL OVERVIEW Sophia Recovery Centre (SRC) is a not for profit organisation founded in 20o8. Focused on supporting women in recovery from substance use disorder and other behavioural addictions, the following mission and vision underpin the organization's service and program delivery: Mission: We empower all women seeking recovery to take their lives back through a complement of on -site and virtual peer support services, 12 step coaching, counseling, and compassionate continuing care programs. Vision: Every woman seeking freedom from addiction will discover empowerment, community, and ongoing support. As part of its 5-year strategic plan (2021 - 2025), Sophia has undertaken to expand its organizational capacity in order to help more women and meet the increased demand for recovery support in the region. Staff at Sophia include women with lived and learned experience. Our services include individual coaching and counseling, structured recovery groups as well as a range of social and wellness programs. 1 `E%L'1 Drop -in hours and activities provide safe spaces for women to make connections with peer support staff, volunteers, and each other. SRC services are based on well -researched and evidence -based model of recovery management. Increasingly implemented across North America over the past 15 years, recovery management focuses on post -treatment monitoring and support; long-term, stage -appropriate recovery education; peer -based recovery coaching; assertive linkage to communities of recovery; and, when needed, early re -intervention. These services divert individuals from repetitive emergency visits and acute care settings, reducing the burden on the healthcare system, law enforcement/justice system and other social services, while improving overall health and wellness markers for clients. SRC delivers these services in partnership with its long-term funding agencies: GNB Department of Health, Mental Health and Addictions Branch, and the United Way as well as other major stakeholders and individual donors. DRIVERS FOR CHANGE i Rental Space: Since its inception in 2008, Sophia's operations have been based out of a 1,1oo sq ft. apartment rental in uptown Saint John. Demand for services over the past two years has exceeded the apartment's capacity for both staff and clients. Hence, in 2022, two additional spaces were rented to relieve crowding and allow wait lists to be minimized: an additional unit in the same uptown building, and an administrative office in another uptown building. Monthly Rent Breakdown: • Apartment rental for programs and service delivery: $3,051.00 • Administrative office space: $741.75 SRC spends approximately $3,793 monthly on rent in Saint John. In spite of this significant investment, these spaces remain insufficient to fully support operations and accommodate growth. 2 2 Parking: Parking for staff and clients is another driver for change. Most SRC clients drive and with the limited parking space available at current SJ locations, this has become a barrier to access services. 3 Safety: The conditions in the neighbourhood are a cause for concern for staff and clients traveling to and from the current centre. On numerous occasions over the past three years, women accessing Sophia services have encountered individuals who are selling and using substances in entrances and shared areas of our building, around the adjacent properties and in the immediate neighbourhood. 4 Rental increases: SRC has been subject to rent increases and landlord turnover over the last few years. (e.g., sale of the property in the summer of 2021 led to a 25% rent increase) 5 Rising trend in demand for recovery support. 6 SRC's strategic plan focused on growth and expansion. BUSINESS NEED Increase in demand for SRC programs and services, insufficient physical capacity for staff and client facing activities, lack of staff and client parking, rental and safety risks, rising trend in demand for recovery plus plan to grow to reach more women have necessitated this initiative. Sophia is asking for $50,000 from the City of Saint John, plus ongoing support for snow removal in the parking area. The former will support the renovation of the property and the latter will sustain our operations. DESIRED OUTCOMES 1 Promote increasing mental wellness based on measurable outcomes. 2 Provide unique support care for caregivers. 3 More individual meeting rooms for our core service, one-on-one peer support for long term recovery 4 More in -person sessions; elimination of waiting lists. 3 5 Community spaces (cafe/patio and living room) where women can support each other - connection with a supportive community is a critical factor for long term recovery. 6 Sufficient workspace for staff to continue to expand programs according to community need. 7 Participation in research projects (e.g., study of the incidence of SUD presentations at emergency and urgent care facilities in Saint John) 8 Collaboration initiatives designed to close gaps in the continuum of care for women seeking recovery and mental wellness. (e.g., summer project to explore emergency department workers understanding of social determinants of health and application of trauma -informed practices) 9 Help divert/reduce usage of acute/residential programs and emergency care services in hospitals. STRATEGIC FIT Critical to the success of the City's io-year strategic plan is creating a shared responsibility among all stakeholders to achieve desired outcomes. One of the key stakeholders are the citizenry themselves. One of the city's goals is to create a vibrant community that uplifts Saint Johners and empowers them to thrive. This is also core to the mission and vision of Sophia. We understand how important our role is in helping women find freedom from addiction and take their lives back. Our work fuels a ripple effect that improves the lives of those connected to our clients and the community at large. Municipal support for this project will help SRC continue to deliver crucial and life changing social and wellness programs, coaching, counselling, and structured groups that have been proven to improve the quality of life of our clients and their families. With the rise in demand for recovery support, it also ensures that we avoid/reduce waitlists as well as have the capacity to expand our reach to help even more women. THE PROJECT A 3600 square foot facility to be opened at 238 Metcalf Street will replace the current rented spaces in Saint John and bring all staff and operations under one roof. A dedicated project manager has been selected to coordinate this property development project. Estimates have been received for renovation of the current building, landscaping and paving work. The 4 `LOtl budget includes these elements as well as costs associated with new furnishings, relocation services for existing furniture and office equipment, borrowing, fundraising and project management costs. Project Timeline/Schedule • Property purchase close: June 1, 2023 • Fundraising completion: June — September 2023 • Site preparation: Late September/early October 2023 • Renovation commences: October 2023 • Target completion and relocation: February 2024 Project phases: 1. Launch of capital campaign and ongoing fundraising 2. Secure funding and community partners, bank line of credit/loan as necessary 3. Property purchase 4. Tabulate overall project cost estimates 5. Site assessment & preparation (e.g., surveys, drawings, environmental, etc) 6. Engage building contractor 7. Secure required permits 8. Renovation, landscaping and paving work 9. Acquire furnishings, appliances, equipment, etc io. Relocation and official opening *Some phases are occurring concurrently Total Project Budget Investment Estimated or Actual Cost Land/property purchase and closing costs $445,000 Professional Fees/Permits $40,000 • Architectural drawings • Engineering drawings • Building permits etc Renovation costs $800,000 5 `MU] Fixtures and furnishings $35,000 Landscaping/paving $6o,000 Project management $40,000 Fundraising, relocation and borrowing costs $8o,000 Project Grand Total: $1,500,000 Funding Structure: Investment SRC financial assets and fundraising Provincial Govt: RDC Community Development Fund Other government funding (municipal) V TOTAL: Goals $965,000 $485,000 Secured/Pledged to date $850,538 Secured $50,000 Application in progress $1,500,000 SRC Financial Assets & Fundraising to Date Source/Donor Royal Bank of Canada I Mortgage Sisters of Charity Murphy Restaurants Anonymous John and Lisa Correia Isles Foundation Anonymous bequest Other/smaller gifts TOTAL Pledged Received Notes To Date $262,500 $262,500 Secured against Metcalf St N property $200,000 $1oo,000 Final installment payment expected Sept 2023 $50,000 $10,000 5 year pledge of $1ok annually $50,000 $50,000 $50,000 $50,000 $50,000 $50,000 $34,000 $34000 $154,038 $109,538 u $850,538 1$666,038 iPle.] 31 City of Saint John Expenditures $50,000 contribution to project costs 2 In kind donation of ongoing snow removal services in driveway and parking area on both sides of the building at 238 Metcalf Street. SOCIAL RETURN ON INVESTMENT Expanded organizational capacity for SRC will support positive returns for a variety of sectors and systems that have a bearing on the overall quality of life in Saint John. These areas include employment, neighborhood and public safety, healthcare, family life and school environments, and social services. A formal social return on investment analysis of SRC programs was conducted in 2017 by SiMPACT. Incorporating established financial proxies for expected SRC outcomes, this study found that $6.03 of value is created per program dollar invested at Sophia Recovery Centre. For the 2023/24 fiscal year, our annual program budget is $8oi,675. At this level of program investment, an annual social and economic return of close to $5 million dollars is a reasonable estimate and expectation. IMPACT AND SUSTAINABILITY In the 2022/23 fiscal year, 330 women were supported at SRC. More than 250 women accessed services in person at the current Saint John centre. Over 5550 support services were provided (4225 at the Saint John centre). In addition, SRC staff and volunteers responded to over 650 inquiries and requests for support from residents of Saint John and the outlying communities we serve. SRC utilizes a robust outcome measurement process to evaluate programs and report on our impact to funders and community stakeholders. In 2022, approximately go% of women who participated in SRC programs reported sustained recovery over six and twelve months (sustained recovery is evaluated in terms of reduction and/or elimination of substance use, and improved wellness in the domains of physical/mental health and family/social/community connections). The new SRC facility will be designed to accommodate anticipated increasing client demand for women's recovery management services in Saint John over the next io years or more. Staffing and program structures will accommodate support for up to 500 women annually by 2025. A robust partnership and integral role as a community partner within the GNB Department of Health's Stepped WIN Care model for Addictions and Mental Health is a strong assurance of ongoing sustainable funding for these expanded SRC operations. A io-year funding commitment is currently under discussion. In addition, a long term and stable funding partnership with the United Way provides a secondary source of sustainable funding. Additionally, the 1/3 of an acre property at 238 Metcalf will allow for the future development of a social enterprise, generating additional revenue in support of Centre operations. RISKS AND LIABILITIES Risks and Response Strategies Risk Consequence Type Weather Schedule delays Cost overruns Mobilization delays and material Schedule delays shortages due to supply chain I Cost overruns issues Inflation Inability to meet fundraising goal Non -Current Liabilities Mitigation/Risk Response Accept. Begin renovation work in the fall as planned and include contractual clause in contract with the contractor. Finalize fundraising targets on time to ensure the contractor begins work as scheduled Cost overruns Provisions have been made in the contingency reserves Schedule delays Leadership has left no stone unturned to Cost overruns ensure our goal is met according to the proposed timeline. We are on track to achieve the full fundraising goal by December 2023. Bank Loan: $262,500.00 mortgage loan from Royal Bank of Canada, secured against value of Metcalf Street property. NO n Monthly loan payment is $1,839.92. This is equivalent to 49% of our monthly rent payments in Saint John. Our secured and sustainable funding partnerships with the Department of Health and United Way include provision for annual occupation costs. These partnerships serve as a safeguard for our ongoing capacity to meet mortgage and utility payments, significantly reducing the probability of occurrence of any risks in this area. BOARD OF DIRECTORS: Officers: Dr. Lynn Nagle, RN, PhD, FAAN, FCAN, President Mary -Eileen O'Brien, BA, LL.B, CD, Vice President Greg Keith CFP® RIS, Treasurer Mary Nagle, B.Ed, Secretary Directors: Dr. Tracy Meyer, BSc, MD, FRCPC Julie Trites, BA, CCP Mark Vickers, BACS (Hons), MA, L. Psych Emilie Bourque, BA, MPA Judy Wityszyn, BA Paula Nicholson, MBA, CAIB, LLQP Megan Huckins, RN, MN, NP Christopher Buckley Julie Atkinson, Executive Director, ex-officio, non voting 9 WIN CONTACT INFORMATION Julie Atkinson, Executive Director, director@ sophiarecovery.com, (5o6) 343-o86o Ama Diafo, HR & Business Manager, AdminPsophiarecoverv.com (5o6) 271-5278 Lynn Nagle, Board of Directors President/Capital Campaign Chair, lnaglePnagleassoc.ca 10 `IN THIS FUNDING AGREEMENT is made this day of March 2024, BETWEEN: THE CITY OF SAINT JOHN, having its offices at the City Hall Building at 15 Market Square, Saint John, New Brunswick, E21- 4V1, a body corporate by Royal Charter, confirmed and amended by Acts of the Legislative Assembly of the Province of New Brunswick ("Funding Party") OF THIS FIRST PART - and - SOPHIA RECOVERY CENTRE INC., a company incorporated under the laws of the Province of New Brunswick, having its registered office at 83 Hazen Street, Saint John, New Brunswick, E21- 31-2. ("Recipient") OF THE SECOND PART WHEREAS the Recipient is building the Sophia Recovery Centre, Saint John Facility ("Centre") on lands owned by the Recipient on 238 Metcalf Street, Saint John, New Brunswick, otherwise identified as PI D 00371849; AND WHEREAS the Recipient requested that the Funding Party provide financial support to the Recipient to support the Centre through the Community Services Reserve. AND WHEREAS the Funding Party has, at its meeting of Common Council held March 4, 2024, agreed to provide a financial contribution as requested by the Recipient to support the Centre and to enter into this Funding Agreement; NOW THEREFORE IT IS HEREBY AGREED AND WITNESSED that, in consideration of the mutual covenants and agreements herein and subject to the terms and conditions of this Agreement, the parties agree each with the other as follows: ARTICLE I TERMS OF FUNDING AGREEMENT 1.1 Grant of Financial Support The Funding Party shall provide a one-time financial contribution to the Recipient in the amount of fifty -thousand dollars ($50,000.00) ("Contribution") as an operating grant. This contribution shall be paid to the Recipient in one lump sum. 1.2 Taxes In the event the Funding Party receives a ruling from the Canada Revenue Agency prior to the payment outlined at section 1.1 herein, the Funding Party shall withhold the total amount of HST payable from the Contribution. 1.3 Covenants of Recipient The Recipient hereby covenants and agrees with the Funding Party as follows: a) that it shall only use the contribution in support of the construction of the Centre; b) the Recipient will complete the Service Deliverables Reporting form and subsequently submit a completed reporting form every 6 months for the first 2 years of operation. c) The Recipient shall ensure that the project is conducted in compliance with all applicable laws and regulations, including but not limited to those relating to health, safety, and environmental protection. 1.4 Insurance The Recipient shall, at its own expense, obtain and maintain in full force and effect for the duration of the project, and for a period of 12 months thereafter, insurance coverage adequate to cover any risks associated with the project, including but not limited to general liability insurance, property insurance, and professional liability insurance, with coverage amounts deemed sufficient by the Funding Party. Proof of such insurance shall be provided to the Funding Party upon request. Should the scope of the project change in a manner that significantly alters the risk profile, the Recipient agrees to modify its insurance coverage accordingly and provide updated proof of insurance to the Funding Party. 1.5 Breach of Covenants In the event of a breach of the covenants, the Funding Party shall provide notice to the Recipient, and the Recipient shall be required to repay the Contribution to the Funding Party immediately. In the event the Recipient is unable to immediately return the full amount of the Contribution, a repayment plan must be submitted within thirty (30) days of receiving notice of the breach from the Funding Party. The Funding Party, at its option, may allow the Recipient to remedy the f► 9191 breach, provided the breach can be remedied within thirty (30) days of the Recipient receiving notice of said breach. ARTICLE II GENERAL TERMS 2.1 No Assignment This Agreement is not assignable. Any attempt to assign any of the rights, duties or obligations of this Agreement is void. 2.2 Indemnification of the Recipient The Recipient agrees to indemnify and hold harmless the Funding Party, its officers, employees, and agents from and against any and all liabilities, claims, damages, expenses (including legal fees), and losses arising out of or in any way related to the use of the funds provided under this Agreement or the conduct of the project, except to the extent that such liabilities, claims, damages, expenses, and losses have been caused by the negligence or willful misconduct of the Funding Party. 2.3 Notice Any notice or other communication required or permitted to be given hereunder shall be in writing and shall be delivered in person, transmitted by telecopy or similar means of recorded electronic communication or sent by registered mail, charges prepaid, addressed as follows: (a) if to Funding Party: with a copy to (b) if to Recipient: The City of Saint John City Clerk City Hall 15 Market Square Saint John, NB E21- 41-1 cityclerk@saintjohn.ca generalcounsel@saintjohn.ca Sophia Recovery Centre 83 Hazen Street Saint John, NB E21- 3L2 Any such notice or other communication shall be deemed to have been given and received on the day on which it was delivered or transmitted (or, if such day is not a Business Day, on the next following Business Day) or, if mailed, on the third Business Day following the date of mailing; provided, however, that if at the time of mailing or within three Business Days thereafter there is or occurs a labour dispute or other event that might reasonably be expected to disrupt the delivery of documents by mail, any notice or other Mgimunication hereunder shall be delivered or transmitted by means of recorded electronic communication as aforesaid. 2.4 Amendments No change or modification of this Agreement shall be valid unless it be in writing and signed by each party. 2.5 Acknowledgement of Terms and of Entirety It is agreed that this written instrument embodies the entire agreement of the parties with regard to the matters dealt with in it, and that no understandings or agreements, verbal or otherwise, exist between the parties except as expressly set out in this instrument. 2.6 Further Documents The parties agree that each of them shall, upon reasonable request of the other, do or cause to be done all further lawful acts, deeds and assurances whatever for the better performance of the terms and conditions of this Agreement. 2.7 Validity and Interpretation Descriptive headings are inserted solely for convenience of reference, do not form part of this Agreement, and are not to be used as an aid in the interpretation of this Agreement. It is intended that all provisions of this Agreement shall be fully binding and effective between the Parties, but in the event that any particular provision or provisions or part of one is found to be void, voidable or unenforceable for any reason whatsoever, then the particular provision or provisions or part of the provision shall be deemed severed from the remainder of this Agreement and all other provisions shall remain in full force. 2.8 Governing Law This Agreement shall be governed by and construed in accordance with the laws of the Province of New Brunswick. 2.9 Successors and Assigns This Agreement shall ensure to the benefit of and be binding on the respective successors of each of the parties. 2.10 Counterparts This Agreement may be executed in counterparts, each of which shall constitute an original and all of which taken together shall constitute one and the same instrument. MIYA [Remainder of page intentionally left blank.] W91-13 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year first written above. The City of Saint John By: Name: Donna Noade Reardon Title: Mayor By: Name: Johnathan Taylor Title: City Clerk Sophia Recovery Centre Inc., By: Name: Title: f►�i16-1 COUNTY OF SAINT JOHN I, of the of and Province of New Brunswick, MAKE OATH AND SAY: 1. THAT I am the of the and am authorized to make this affidavit and have personal knowledge of the matters hereinafter deposed to. 2. THAT the seal affixed to the foregoing agreement and purporting to be the corporate seal of the is the corporate seal of the a party named in the foregoing instrument and it was affixed by the officer authorized to so affix the seal. 3. THAT the Signature subscribed to the said instrument is my signature and as I am duly authorized to execute the said instrument. 4. THAT the said document was executed as aforesaid at the City of Saint John and Province of New Brunswick on the day of 12024. SWORN TO before me at the City of Saint John, County of Saint John and Province of New Brunswick on the day of 12024 Commissioner of Oaths Ph to] THIS FUNDING AGREEMENT is made this day of March 2024, BETWEEN: THE CITY OF SAINT JOHN, having its offices at the City Hall Building at 15 Market Square, Saint John, New Brunswick, E21- 4V1, a body corporate by Royal Charter, confirmed and amended by Acts of the Legislative Assembly of the Province of New Brunswick ("Funding Party") OF THIS FIRST PART - and - SOPHIA RECOVERY CENTRE INC., a company incorporated under the laws of the Province of New Brunswick, having its registered office at 83 Hazen Street, Saint John, New Brunswick, E21- 31-2. ("Recipient") OF THE SECOND PART WHEREAS the Recipient is building the Sophia Recovery Centre, Saint John Facility ("Centre") on lands owned by the Recipient on 238 Metcalf Street, Saint John, New Brunswick, otherwise identified as PI D 00371849; AND WHEREAS the Recipient requested that the Funding Party provide financial support to the Recipient to support the Centre through the Community Services Reserve. AND WHEREAS the Funding Party has, at its meeting of Common Council held March 4, 2024, agreed to provide a financial contribution as requested by the Recipient to support the Centre and to enter into this Funding Agreement; NOW THEREFORE IT IS HEREBY AGREED AND WITNESSED that, in consideration of the mutual covenants and agreements herein and subject to the terms and conditions of this Agreement, the parties agree each with the other as follows: 211 ARTICLE I TERMS OF FUNDING AGREEMENT 1.1 Grant of Financial Support The Funding Party shall provide a one-time financial contribution to the Recipient in the amount of fifty -thousand dollars ($50,000.00) ("Contribution") as an operating grant. This contribution shall be paid to the Recipient in one lump sum. 1.2 Taxes In the event the Funding Party receives a ruling from the Canada Revenue Agency prior to the payment outlined at section 1.1 herein, the Funding Party shall withhold the total amount of HST payable from the Contribution. 1.3 Covenants of Recipient The Recipient hereby covenants and agrees with the Funding Party as follows: a) that it shall only use the contribution in support of the construction of the Centre; b) the Recipient will complete the Service Deliverables Reporting form and subsequently submit a completed reporting form every 6 months for the first 2 years of operation. c) The Recipient shall ensure that the project is conducted in compliance with all applicable laws and regulations, including but not limited to those relating to health, safety, and environmental protection. 1.4 Insurance The Recipient shall, at its own expense, obtain and maintain in full force and effect for the duration of the project, and for a period of 12 months thereafter, insurance coverage adequate to cover any risks associated with the project, including but not limited to general liability insurance, property insurance, and professional liability insurance, with coverage amounts deemed sufficient by the Funding Party. Proof of such insurance shall be provided to the Funding Party upon request. Should the scope of the project change in a manner that significantly alters the risk profile, the Recipient agrees to modify its insurance coverage accordingly and provide updated proof of insurance to the Funding Party. 1.5 Breach of Covenants In the event of a breach of the covenants, the Funding Party shall provide notice to the Recipient, and the Recipient shall be required to repay the Contribution to the Funding Party immediately. In the event the Recipient is unable to immediately return the full amount of the Contribution, a repayment plan must be submitted within thirty (30) days of receiving notice of the breach from the Funding Party. The Funding Party, at its option, may allow the Recipient to remedy the PA breach, provided the breach can be remedied within thirty (30) days of the Recipient receiving notice of said breach. ARTICLE II GENERAL TERMS 2.1 No Assignment This Agreement is not assignable. Any attempt to assign any of the rights, duties or obligations of this Agreement is void. 2.2 Indemnification of the Recipient The Recipient agrees to indemnify and hold harmless the Funding Party, its officers, employees, and agents from and against any and all liabilities, claims, damages, expenses (including legal fees), and losses arising out of or in any way related to the use of the funds provided under this Agreement or the conduct of the project, except to the extent that such liabilities, claims, damages, expenses, and losses have been caused by the negligence or willful misconduct of the Funding Party. 2.3 Notice Any notice or other communication required or permitted to be given hereunder shall be in writing and shall be delivered in person, transmitted by telecopy or similar means of recorded electronic communication or sent by registered mail, charges prepaid, addressed as follows: (a) if to Funding Party: with a copy to (b) if to Recipient: The City of Saint John City Clerk City Hall 15 Market Square Saint John, NB E21- 41-1 cityclerk@saintjohn.ca generalcounsel@saintjohn.ca Sophia Recovery Centre 83 Hazen Street Saint John, NB E21- 3L2 Any such notice or other communication shall be deemed to have been given and received on the day on which it was delivered or transmitted (or, if such day is not a Business Day, on the next following Business Day) or, if mailed, on the third Business Day following the date of mailing; provided, however, that if at the time of mailing or within three Business Days thereafter there is or occurs a labour dispute or other event that might reasonably be expected to disrupt the delivery of documents by mail, any notice or other fTgimunication hereunder shall be delivered or transmitted by means of recorded electronic communication as aforesaid. 2.4 Amendments No change or modification of this Agreement shall be valid unless it be in writing and signed by each party. 2.5 Acknowledgement of Terms and of Entirety It is agreed that this written instrument embodies the entire agreement of the parties with regard to the matters dealt with in it, and that no understandings or agreements, verbal or otherwise, exist between the parties except as expressly set out in this instrument. 2.6 Further Documents The parties agree that each of them shall, upon reasonable request of the other, do or cause to be done all further lawful acts, deeds and assurances whatever for the better performance of the terms and conditions of this Agreement. 2.7 Validity and Interpretation Descriptive headings are inserted solely for convenience of reference, do not form part of this Agreement, and are not to be used as an aid in the interpretation of this Agreement. It is intended that all provisions of this Agreement shall be fully binding and effective between the Parties, but in the event that any particular provision or provisions or part of one is found to be void, voidable or unenforceable for any reason whatsoever, then the particular provision or provisions or part of the provision shall be deemed severed from the remainder of this Agreement and all other provisions shall remain in full force. 2.8 Governing Law This Agreement shall be governed by and construed in accordance with the laws of the Province of New Brunswick. 2.9 Successors and Assigns This Agreement shall ensure to the benefit of and be binding on the respective successors of each of the parties. 2.10 Counterparts This Agreement may be executed in counterparts, each of which shall constitute an original and all of which taken together shall constitute one and the same instrument. ME [Remainder of page intentionally left blank.] IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year first written above. The City of Saint John By: Name: Donna Noade Reardon Title: Mayor By: Name: Johnathan Taylor Title: City Clerk Sophia Recovery Centre Inc., By: Name: Title: Ph1.1 i. fr f{r,�rr J. COMMON COUNCIL REPORT M&C No. 2024-067 Report Date February 26, 2024 Meeting Date March 04, 2024 Service Area Growth and Community Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT: Recommendation from Civic Commemoration Committee to name trail system in Shamrock Park "Don Cooper Trail" AUTHORIZATION Primary Author Commissioner Chief Administrative Officer Kate Wilcott Amy Poffenroth J. Brent McGovern RECOMMENDATION Civic Commemoration Committee recommends Common Council: 1. Adopt the commemorative name "Don Cooper Trail" as the commemorative designation for the trail system in Shamrock Park. 2. Direct CAO to facilitate the launch of this name through communications and a wayfaring sign in this area. EXECUTIVE SUMMARY In July 2023, Council adopted the Street and Public Space Naming Policy Statement, which empowered the Civic Commemoration Committee to guide and advise Council through the naming of public streets, assets, and spaces, including but not limited to roads, parks, buildings, rinks, fields, beaches, and plazas. The first item on the Civic Commemoration Committee's list was the renaming of the public space adjacent to Market Square. This was completed in the fall of 2023 with Council approving the name "Ihtoli-magahamok". In February 2024, the committee met to discuss the queue of other items awaiting review. The committee moved the following: Motion: Direct staff to proceed with the naming of the trail system in Shamrock Park after Don Cooper. Moved by K Downey, 2nd by C Killen Carried. PAIN -2- PREVIOUS RESOLUTION RESOLVED that as recommended in the submitted report M&C 2023-193: Street and Public Space Naming Policy, 1. Common Council adopt the following Street and Public Space Naming Policy Statement: • The City of Saint John recognizes that the names of streets and public spaces are critical for municipal addressing and emergency response purposes. • The City acknowledges that the names of streets and public spaces reflect community values by demonstrating how the city chooses to collectively recognize and honor the past. The City may use commemorative street and place naming as a tool to create an inclusive and diverse culture. • The City will streamline the operational guidelines to address requests from residents, staff, and developers who request to name a new or pre- existing street or public spaces. • The City will empower staff and the Civic Commemoration Committee to guide and advise Council through the naming of public streets, assets, and spaces including but not limited to roads, parks, buildings, rinks, fields, beaches, and plazas. 2. Common Council direct the CAO to implement the use of the Street and Public Space Naming Policy by staff and relevant committees. RESOLVED February 8th, 2021, that, as recommended by the City Manager in the submitted report M&C 2021- 022, Council will direct staff to establish a Civic Commemoration Committee by early 2022 that, through the implementation of a consultation and communications plan, would prepare a policy, application, and guidelines addressing public street and place names, street name changes, and commemorations in Saint John with the intent to promote inclusion and diversity. REPORT The Civic Commemoration Committee was created in 2022 to review requests pertaining to the naming of public streets, spaces, and assets. Naming for the purpose of wayfaring, cultural, historical, heritage, or commemoration are within the scope of the committee, while naming rights for the purpose of economic benefit is not. Public space includes any City owned real property or significant assets, including but not limited to community centres, plazas, beaches, parks, playgrounds, sports fields, gazebos, trails, multipurpose rooms, gymnasiums, and ice rinks. PAF-11 -3- Sergeant Donald George "Donnie" Cooper was a dedicated member of the Saint John Police Force for over 40 years. In addition to his years of service, he was a passionate community volunteer, best known for coaching the Central Pee Wee Football teams for 43 years. To sum up his legacy in the neighborhoods of the North End, the applicant wrote "Don helped to make the lives of many of our children better by being there and steering them in the right direction". After his death in 2015, the youth sports community looked for a means to honour Sgt. Cooper that would commemorate his impact. The original ask was to place Cooper's name on the field or sports clock in Shamrock Park. However, both assets were earmarked for future sponsorship. In February 2024, the Civic Commemoration Committee met to discuss this request. After reviewing the staff report, the committee moved to recommend naming the existing trail system in Shamrock Park. These trails are currently not named. The trail system in Shamrock Park falls into the definition of Public Space as per the City's policy. As this is not a naming for economic benefit, the request was vetted using the Commemorative Naming Review. The recommendation is in line with Council's direction for the Committee. Staff has received letters of support from the Saint John Police Association, the Cooper family, the applicant, and community members. STRATEGIC ALIGNMENT Grow • Aligning with the principles of smart growth and PlanSJ Belong • Enhance the quality of life and social well-being in a safe place to live. Move • Safe, accessible movement of people and goods aligning with MoveSJ Perform • Plans, policies, procedures, and best practices. SERVICEAND FINANCIAL OUTCOMES There will be no additional costs to the City in maintaining the trail system. If the applicant and community wish to invest further in the trail system, they must approach the City for permits or apply for funding through the Land for Public Purposes grants. There are minimal costs to the city to manufacture and place a small sign at one end of the trail. -4- This name does not affect NB911 listings for the Shamrock Field. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS This process was completed in consultation and input from GIS, Growth and Community Services, Parks and Recreation, the Saint John Police Association, the Cooper Family, and the Civic Commemoration Committee. ATTACHMENTS N/A f X91 COMMON COUNCIL REPORT M&C No. 2024-72 Report Date February 28, 2024 Meeting Date March 06, 2023 Service Area Utilities and Infrastructure Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT. Market Place West Ballfield Storm Sewer Separation Project AUTHORIZATION Primary Authors Commissioner/Dept. Chief Chair of the Finance Head Administrative Committee Officer Michael Baker Ian Fagan J. Brent McGovern Councillor Gary Sullivan RECOMMENDATION Finance Committee recommends Common Council approve the following recommendation. • Endorse the reallocation of $250,000 within the approved 2024 General Fund Capital Program from the Stormwater Strategy Project and add this funding to a new capital project titled Market Place West Ballfield Storm Sewer Separation Project. EXECUTIVE SUMMARY During the review of the Market Place West Ballfield drawings, it was determined that the City should separate storm and sanitary sewers in the area of the project or an opportunity would be lost. As a result, it is proposed that a new project be added to the 2024 General Fund Capital Program which is titled Market Place West Ballfield Storm Sewer Separation Project and the required $250,000 of funding be taken from the Stormwater Strategy Project. The Stormwater Strategy Project will continue to move forward within its revised budget and future funding for this project will be added to the 2025 General Fund Capital Program. PREVIOUS RESOLUTIONS October 17, 2022: M&C 2022-317 — 2023 and 2024 General and Utility Fund Capital Budget, approved. October 30, 2024: M&C 2023-238; Revised 2024 General and Utility Fund Capital Programs, approved 221 -2- REPORT The approved 2023 General Fund Capital Program includes City Share funding ($275,000) to upgrade the existing Market Place West ballfield. Currently, included in the project scope are ballfield upgrades (i.e. fencing, dugout upgrades, etc.) as well as upgrades to the existing parking lot beside the ballpark. During the drawing review process, it was determined that prior to the reconstruction of the ball field parking lot it would be advantageous for the City to separate the storm and sanitary sewers around the intersection of Market Place West and Tower Street. A new storm sewer would then run under the ball field parking lot. It is proposed that a new project be approved within the 2024 General Fund Capital Program called Market Place West Ballfield Storm Sewer Separation Project. If approved by the Finance Committee and Common Council, it is anticipated that both projects would be combined and tendered as one package with the designs being completed by the same engineering consultant. Budgetary estimates were completed regarding the projected costs to install a new storm sewer, which indicated the cost would be $250,000. The estimated cost would include design and construction to complete the storm sewer separation upgrade. STRATEGIC ALIGNMENT This report aligns with Council's Priorities for GREEN as the new Market Place West Ballfield Storm Sewer Separation Project is proposed to be completed to separate storm and sanitary sewer flows that are currently within the limits of the Market Place West Ballfield upgrade project. SERVICEAND FINANCIAL OUTCOMES It is proposed that $250,000 be relocated from the approved Stormwater Strategy Project within the 2024 General Fund Capital Program and be allocated to a new storm sewer separation project titled Marketplace West Ballfield Storm Sewer Separation Project. The overall 2024 General Fund Capital City Share budget would remain unchanged. Phase I of the Stormwater Strategy project will continue to move forward with a request for proposal with a total 2024 capital budget of $250,000. Additional funding will be added to the 2025 General Fund Capital budget to make the project whole again. The Stormwater Strategy project was chosen to utilize as an offset as it is not expected the full original $500,000 would be spent within 2024. 0% -3- INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The Parks and Recreation & Finance Departments have reviewed the report and provided input. ATTACHMENTS NOW COMMON COUNCIL REPORT M&C No. 2024-73 Report Date February 28, 2024 Meeting Date March 06, 2023 Service Area Utilities and Infrastructure Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT. Capital Reserves Required for Dredging at the Lancaster Lagoon AUTHORIZATION Primary Authors Commissioner/Dept. Chief Chair of the Finance Head Administrative Committee Officer Susan Steven Ian Fagan / Michael J. Brent Councillor Gary Baker McGovern Sullivan RECOMMENDATION Finance Committee recommends Common Council approve the following recommendation. • Endorse the approval of the allocation of capital reserve funding ($1,720,000) to the 2023 Utility Fund Capital Budget for dredging at the Lancaster Lagoon (to be completed as part of the Lancaster Lagoon Aeration System Renewal project). The funds are to be added from the Utility's Potable Capital Reserve. EXECUTIVE SUMMARY The existing 2021 and 2023 Utility Fund Capital Programs include line items for a renewed aeration system at the Lancaster Lagoon. The overall budget for the aeration renewal project is estimated to be $3,908,205. This renewal project includes $2,823,205 to be provided through the Integrated Bilateral Funding program with the remainder being paid by the Utility. In order to install the new aeration system at the Lancaster Lagoon, extensive dredging must be completed at an additional estimated cost to the Utility of $2,470,000. The Utility currently has $750,000 budgeted toward completing dredging at the Lancaster Lagoon facility. The additional funds (Utility Share - ($1,720,000) to complete the required dredging at the Lancaster Lagoon are available in Utility's Potable Capital Reserves and staff are recommending the reserve funding be allocated to this project. -2- PREVIOUS RESOLUTIONS M&C 2023-171 (July 10, 2023) — Canada -New Brunswick Integrated Bilateral Agreement for the Investing in Canada Infrastructure Program Contribution Agreement, approved REPORT The 2021 and 2023 Utility Fund Capital Programs included the Lancaster Lagoon — Aeration Piping Renewal project (initial project funding and supplemental funding). The overall budget for this project is $3,908,205, which includes $2,823,205 to be provided by the Federal and Provincial governments through the Integrated Bilateral Funding program. In order to install the new aeration system at the Lancaster Lagoon, extensive dredging must be completed. The dredging required for this Capital project is more involved than the typical dredging required for regular lagoon sludge maintenance. The Utility's consultant completed investigations and testing in an effort to estimate the amount of sludge that would need to be removed. Based on the investigations and testing completed, the estimated cost for the dredging and site storage, required in order to complete the Aeration System Renewal project, is $2,470,000. The estimated cost noted above includes collecting the sludge from the lagoon cells and its disposal in geo-bags on a prepared laydown area beside the Lancaster Lagoon facility. Once the removed sludge goes through several freeze thaw cycles, in an effort to dewater the sludge, the geo-bag along with the sludge can be removed to a certified facility in Fredericton or Miramichi. Costs for trucking and disposal of the sludge are not included in the above estimate and will need to be managed and accounted for within the Utility's 2025 and /or 2026 Operations budgets. The new aeration system is needed at the Lancaster Lagoon to replace an outdated system that is beginning to require substantial repairs. The Integrated Bilateral funding that the City has obtained for the aeration system renewal project has specific deadlines for completion of construction. In order to install the new aeration system efficiently and effectively, the cells at the Lancaster Lagoon must be significantly dredged. By completing the above -mentioned dredging, the City will also be left with permanent infrastructure to allow for ease of future maintenance dredging (i.e., laydown area). M&I -3- STRATEGIC ALIGNMENT Renewing the aeration system at the Lancaster Lagoon aligns with Council's priorities of GREEN, GROW and PERFORM as outlined in Council Report M&C 2023-171. Extensive dredging at the Lancaster Lagoon is required for proper installation of the new aeration system. It is an ideal time for the Utility to fully clean out the four lagoon cells as the new aeration system will allow less buildup of sludge than the current aeration system at the lagoon therefore the Utility will have a good benchmark to start from for monitoring sludge removal in the future. By tendering the dredging with the new aeration system project, the Utility should benefit with competitive pricing from Contractors due to economies of scale (PERFORM) as well as get the best value of the previously secured Integrated Bilateral funding which is specifically for the aeration renewal design and construction work. SERVICEAND FINANCIAL OUTCOMES The Utility currently has $750,000 budgeted toward completing dredging at the Lancaster Lagoon facility. The Utility share within the 2023 Utility Fund Capital Program for the Aeration System Renewal project is proposed to increase by $1,720,000 ($2,470,000 - $750,000) compared to what was previously approved by Council to cover the estimated cost for dredging at the Lancaster Lagoon. Based on discussions with the City's consultant prices for this type of work are very volatile. The City will only know actual pricing once the project is tendered in the market place however staff along with the consultant have attempted to estimate expected costs for sludge removal. The additional $1,720,000 is proposed to be obtained from the Utility's Potable Capital Reserves. It should be noted that the dredging of the lagoon was not included in the original capital project scope because the Utility only recently determined the quantities of sludge that is in each cell of the lagoon as well as the technology proposed for aeration was unknown until a consultant was hired to investigate and propose options available to the Utility. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The Finance department and Operations group have provided input on this report. ATTACHMENTS NM D '� r r I l jl COMMON COUNCIL REPORT M&C No. 2024-074 Report Date February 29, 2024 Meeting Date March 04, 2024 Service Area Public Works and Transportation Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT: Market Slip Docking System AUTHORIZATION Primary Commissioner Chief Administrative Finance Committee Author Officer Chair Samir Ian Fagan Brent McGovern Gary Sullivan Yammine RECOMMENDATION Finance Committee recommends Common Council approve the following recommendation. • Adjust the 2024 Capital budget to reflect the use of $210,000 for the installation of the floating docks system on the Fundy Quay side of the market slip, and, • Approve the transfer of $210,000 from the $500,000 transferred into 2023 Capital Reserves for additional Recreation Asset Investments, and, • Recommend the approval of the above noted at the next meeting of Council EXECUTIVE SUMMARY The purpose of this report is to include $210,000 in the 2024 General Fund Capital Budget toward the installation of the floating docks system on the Fundy Quay side of the market slip. PREVIOUS RESOLUTION N/A REPORT -2- The proposed capital project will significantly increase the dock system capacity to allow additional recreation boats. The scope of work consists of the following: ➢ Conduct the required surveys to determine the modifications required to the existing docks. ➢ Provide stamped engineered drawings for the new guide pile to be mounted to the Fundy Quay side of the slip. ➢ Mobilize to Market slip and long wharf. ➢ Make alterations to the existing docks to facilitate installation in the narrower slip. ➢ Make test connections at Long Wharf to ensure width matches the slip. ➢ Install new guide pile on the Fundy Quay side of the slip. ➢ Install the floating docks within the slip. ➢ Commissioning. STRATEGIC ALIGNMENT The proposed capital project aligns with City Council Priorities (2021-2026) Belong: "We enhance the quality of life and social well-being in a safe place to live; offering recreation, arts, and cultural opportunities that align with PlanSJ, PlaySJ and other related plans." SERVICEAND FINANCIAL OUTCOMES The proposed capital cost including HST rebate is as follows: Design and Construction Management : $23,000 Construction $167,000 Contingency $20,000 Total : $210,000 The floating docks system project was not included in the 2024 General Fund Capital. The construction work will take approximately four months to be completed. Where the Docks are part of the Market Slip area, if there is surplus in the budget for the overall Market Slip/Fundy Quay project, then surplus funds will be used first to fund the Docks project. The complete financial reconciliation of the Market Slip project will not be complete for some time as the project nears completion but the timing requires allocation of budget to complete the Dock project. If there is a surplus in the Market Slip project, then the allocation of W-13 -3- funds of the Dock project from Parks Asset Renewal Project will be used for other park asset renewals. Additionally, the city will be seeking funding from the Regional Development Corporation (RDC) under the Province of New Brunswick Community Development Fund toward this project. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Transportation and Public Works have been consulted in this project ATTACHMENTS Wel COMMON COUNCIL REPORT M&C No. 2024-075 Report Date February 14, 2024 Meeting Date March 04, 2024 Service Area Legislative Services His Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT: Council Community Fund AUTHORIZATION Primary Author Commissioner/Dept. City Manager Finance Committee Head Chair P. Anglin /J. Taylor K. Fudge/M. Tompkins, J. Brent McGovern Gary Sullivan K. C. RECOMMENDATION The Finance Committee recommends that Common Council approve the draft Council Community Fund Policy. EXECUTIVE SUMMARY The Finance Committee endorsed the draft Council Community Fund Policy at its meeting of February 28, 2024 and has referred the matter to Common Council for approval. The purpose of the Council Community Fund Policy is to provide a framework which enables Council Members to provide financial support to Community -Based Organizations and to facilitate minor City asset improvements. The Policy ensures the application process is open, transparent, and accountable to the public. The Policy provides Council Members with an annual budget allocation of $1500.00 for use towards eligible projects and initiatives. PREVIOUS RESOLUTION Committee of the Whole June 26, 2023 (Councillor Lowe): That this motion be referred to the CAO to investigate and report back to Council on the idea of creating a discretionary Community Fund for Council members that would allocate an annual amount of $1500 per Council Member to use towards community initiatives and the purchase of goods for the betterment of public spaces. REPORT P49191 -2- Research illustrates that municipalities have adopted various approaches to allocate discretionary funding for Members of Council. In Canada, the Regional Municipality of Halifax, the City of Burlington, the City of Edmonton, and the City of Victoria each have discretionary community funding policies for Council Members. Although these programs have common features, the funding amounts, and the procedures for distributing the funds, vary in each jurisdiction. Per the direction of the Committee of the Whole, City of Saint John staff from the Finance Department and the City Clerk's Office reviewed relevant policies and financial/accounting standards to draft a Council Community Fund Policy for Council's consideration. The Council Community Fund Policy (the Policy) establishes a framework for Council Members to provide financial support to Community -Based Organizations, and to facilitate minor City asset improvements. The Policy ensures the application process is open, transparent, and accountable to the public. The Fund supplements Council's existing Community Grants program by providing a timely and flexible approach to requests for smaller initiatives within the City that align with Council priorities and the City's Strategic Plan. The Policy allocates $1500.00 annually to each Member of Council to use towards eligible projects and initiatives in the following two categories: 1) Community -Based Organizations (CBOs). This can include funding for projects, events with a community purpose, and for a minor asset improvement relating to the project or event. 2) Minor City asset improvements. This may include such items as commemorative plaques, picnic tables, benches, tree planting, etc. Eligibility The eligibility criteria for Fund applications are follows: • The Council Member application limit is $1500.00 yearly. • The minimum amount of financial support is $500 per application. • The funds must be used for projects or events, or minor capital expenditures for such projects or events. The funds cannot be used to support the operations of an existing entity or CBO. • The projects or events for which an application is submitted shall comply with Human Rights legislation and provide equal access and opportunity for all persons. • A CBO for which a funding application is made under this policy shall: o be in good standing with the City of Saint John; o not be involved in any dispute or litigation of any kind with the City, o have no outstanding arrears with the City; and o have no outstanding outcome reports from previous City grant awards. 231 -3- • A CBO who receives funding under this policy shall publicly acknowledge the support of the City of Saint John for the event or project for which funding is granted. • A project or event for which funding is sought under this policy shall align with Council priorities and the City's 10-year strategic plan. • The CBO for which funding is sought under this policy shall identify a representative who shall be accountable to the City with respect to the funding. • A CBO for which funding is sought under this policy shall demonstrate a financial need for the funding. • The project, event or minor capital investment for which funding is sought must benefit, and be accessible to, the residents of the City of Saint John. Application Procedures Council Members must complete the application form to access funding. Form A is used for CBO funding requests and Form B is used for minor city asset improvements. Form A - Council Member Applications for Community Based Organization (CBO) funding. • The Council Member completes `Form A' jointly with the CBO. • Council Member submits completed form to the Office of the City Clerk at least 4 weeks prior to the intended Council meeting. • City Clerk places completed Form on consent agenda for Council approval. • If approved by Council, funding is issued by City directly to CBO. • CBO recipients submit completed Outcome Report. Form B - Council Member Applications for Minor City Asset Improvements • The Council Member completes `Form B'. • The application must be endorsed by the supporting Commissioner responsible for the infrastructure. • Council Member submits application to the Office of the City Clerk at least 4 weeks prior to the intended Council meeting. • City Clerk places completed Form on consent agenda for Council approval. • If approved by Council, the minor City asset is purchased by the City. It is recommended that the Finance Committee endorse the draft Council Community Fund Policy and refer the matter to Common Council for consideration STRATEGIC ALIGNMENT Council priority of Belong as it would help strengthen community -based organizations and help to create a more vibrant city. 09% -4- SERVICE AND FINANCIAL OUTCOMES Funding in the amount of $16,500.00 ($1500.00 per Council Member) has been allocated to Council's 2024 General Operating Budget to support this program. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS City Clerk Office scanned the policies and discussed the practice with various municipalities. No City in New Brunswick has a similar fund however there are some municipalities in other Provinces that do have a policy. Finance and GCO reviewed the Policy. ATTACHMENTS Council Members Discretionary Community Fund Policy, Application forms, Outcome Form, and PowerPoint presentation. f8191c3 SAINT IDHN Council Community Fund Policy Subject: Council Community Fund Policy Category: Policy Policy No.: M&C Report No. Effective Date: Next Review Date: Area(s) this policy applies to: Council Members Office Responsible for review of this Policy: City Clerk and Finance Related Instruments: Policy Sponsor: CAO FAS-023 Grant Policy Document Pages: This document consists of 6 pages. Revision History: Common Clerk's Annotation for Official Record Date of Passage of Current Framework: I certify that this Policy (Statement) was adopted by Common Council as indicated above. Common Clerk Date Date Created: Common Council Approval Date: Contact: WEE TABLE OF CONTENTS 1. POLICY STATEMENT.............................................................................................................................................2 1.1 PURPOSE OF FUND.................................................................................................................................2 2. SCOPE.....................................................................................................................................................................2 2.1 ELIGIBILITY CRITERIA FOR FUND APPLICATIONS.................................................................................2 2.2 MANDATORY REQUIREMENTS FOR FUND APPLICATIONS................................................................3 2.3 ELIGIBLE EXPENDITURES FOR FUND APPLICATION..........................................................................3 2.4 INELIGIBLE EXPENDITURES FOR FUND APPLICATION.......................................................................3 3. APPLICATION PROCEDURES................................................................................................................................4 3.1.1 PART A COUNCIL MEMBER APPLICATIONS THAT ENDORSE CBO'S...............................................4 3.1.2 PART B COUNCIL MEMBER APPLICATIONS FOR CITY ASSET IMPROVEMENTS ............................4 3.2 APPLICATIONS RECEIVED BY THE CITY CLERK......................................................................................4 4. ROLES AND RESPONSIBILITIES.............................................................................................................................4 4.1 COMMON COUNCIL......................................................................................................................4 4.2 COUNCIL MEMBERS AS APPICANTS.......................................................................................................5 4.3 CHIEF FINANCIAL OFFICER......................................................................................................................5 4.4 CITY CLERK................................................................................................................................................5 4.5 COMMISSIONERS.....................................................................................................................................5 5. GLOSSARY..............................................................................................................................................................6 6. APPENDICIES.......................................................................................................................................................6 6.1 APPLICATION FORM A 6.2 APPLICATION FORM B 6.3 OUTCOME REPORT 1 P19191 1. Policy Statement Through the Council Community Fund Policy ("the Fund"), Council Members may apply to fund projects or events that enhance the vibrancy and wellbeing of the residents of the City, or minor capital expenditures to improve City infrastructure. The Fund supplements Council's existing Community Grants program, allowing a timely and flexible approach to requests for smaller initiatives that align with Council priorities that would not otherwise coincide with the timing of the Community Grants Program. Each Member of Council will be allocated a maximum budget of $1500 annually to be used towards eligible expenditures under this policy. 1.1 Purpose of the Fund The purpose of the Fund is to provide a framework which enables Council Members to provide financial support to Community -Based Organizations and to facilitate minor City asset improvements. The policy ensures the application process is open, transparent, and accountable to the public. 2. Scope This Policy applies to all requests for the allocation of Council Community Funds. There are two categories of Council Member applications subject to the Fund: Form A - Council Member Applications for Community -Based Organizations (CBOs), for projects, events and minor capital expenditures relating to the project or event, and Form B - Council Member Applications for minor City asset improvements. 2.1 Eligibility Criteria for Fund applications: • The Council Member application limit is $1500.00 yearly. • The minimum amount of financial support is $500 per application. • The funds must be used for projects or events, or minor capital expenditures for such projects or events. The funds cannot be used to support the operations of an existing entity or CBO. • The projects or events for which an application is submitted shall comply with Human Rights legislation and provide equal access and opportunity for all persons. • A CBO for which a funding application is made under this policy shall: o be in good standing with the City of Saint John; o not be involved in any dispute or litigation of any kind with the City, o have no outstanding arrears with the City; and o have no outstanding outcome reports from previous City grant awards. N 191.1 • A CBO who receives funding under this policy shall publicly acknowledge the support of the City of Saint John for the event or project for which funding is granted. • A project or event for which funding is sought under this policy shall align with Council priorities and the City's 10-year strategic plan. • The CBO for which funding is sought under this policy shall identify a representative who shall be accountable to the City with respect to the funding. • A CBO for which funding is sought under this policy shall demonstrate a financial need for the funding. • The project, event or minor capital investment for which funding is sought must benefit, and be accessible to, the residents of the City of Saint John. 2.2 Mandatory Requirements for Funding Applications FORM A — Council Member Application for a CBO project or event or minor capital investments • Name of the supporting Council Member. • Name, address and contact information of the CBO. • Proof of status of CBO (registered non-profit number, registered charitable organization number). • Description of the project / event / minor capital investment. • The dollar amount of funding requested. • Description of the Outcome and Alignment with Council Priorities/Strategic Plan • CBO recipients are only eligible to receive funding once per calendar year. FORM B — Council Member Application for a minor City asset improvement • Name of the supporting Member of Council. • Description of the minor City asset improvement. • The dollar amount of funding requested. • Description of the Outcome and Alignment with Council Priorities/Strategic Plan 2.3 Application Criteria and Other Requirements • A Council Member may apply for funding to support a CBO for a project or event with a community purpose and for a minor capital asset related to the project or event. • A Council Member may apply for minor City asset improvements to benefit the community. • The project or event must occur within the boundaries of the City of Saint John and support or advance the Council's strategic priorities. • During an election year, outgoing Council Members will be allocated $750 (January —May) and incoming Council Members will be allocated $750 (June -December). • Community -Based Organization recipients shall submit a completed Outcome Report, including all revenues and expenditures of the project or event within 45 days of the project being completed or the event having taken place. • Recipients shall promptly return any unspent funds to the City. 3 P49YA 2.4 Exclusions The following are not eligible for funding under this policy: • Funding for the benefit of individuals, other levels of government and private clubs. • Funding for organizations with political or religious affiliations. • Any expenditure incurred prior to the date of approval of the application. • Funding of day-to-day operations, deficits, or debts. • Fundraising events, conferences, or professional development. • Meals, entertainment, travel expenses, cash prizes or gifts. • Projects or events for a profit -making purpose. • Tickets, gifts, prizes. • Sponsorships and/or donations. • Project or event that previously received funding under this policy in a given year. 3. Application Procedures 3.1.1 Form A - Council Member Applications that endorse CBOs. • The Council Member shall complete the Application Form. • The Application shall be jointly executed by both the CBO and the Council Member. • The Council Member shall forward the completed application forms to the Office of the City Clerk. • The application must be submitted to the City Clerk 4 weeks prior to the date at which Council is expected to consider the funding application. If the application is approved by Common Council, the funding will be issued through the office of the Chief Financial Officer. 3.1.2 Part B Form —Council Member Applications for Minor City Asset Improvements • The Council Member shall complete and sign the Application Form. • The application shall provide evidence of pricing for the minor City asset improvement. • The application shall be endorsed by the supporting Commissioner responsible for the infrastructure. • Council Members shall forward completed application forms to the Office of the City Clerk. • The application shall be submitted to the City Clerk 4 weeks prior to the date at which Council is expected to consider the funding application. • If the application is approved by Common Council, the minor City asset will be purchased by the City. 3.2 Applications received by the City Clerk 4 1�1:j • The Office of the City Clerk will receive and review all applications for eligibility and completeness. • Ineligible or incomplete forms will be returned to the Council Member sponsoring the application. • Application forms for City asset improvements shall be sent by the City Clerk to the appropriate Commissioner for evaluation. • The Commissioner shall determine whether the capital expenditure is eligible or ineligible under this policy and so advise the City Clerk in writing. • The City Clerk will communicate to the sponsoring Council Member the Commissioner's decision. 4. Roles and Responsibilities 4.1 Common Council shall: • Approve the Council Community Fund Policy, and any amendments to the Policy. • Approve each application for funding under this policy in Open Session of Common Council. 4.2 Council Members as Applicants shall: • Recommend to Common Council the approval of applications that meet the Policy at a minimum of $500 per application. • Obtain the unanimous approval of Common Council for joint contributions sponsored by more than one Council member. • Declare any actual, perceived, potential conflicts of interest on the application form. • Be responsible for communicating Council decisions to the CBOs. • Complete the Application FORM A or FORM B. • Submit the Outcome Report for FORM A to the City Clerk's Office. 4.2 The Chief Financial Officer shall: • Include as part of the annual operating budget an amount of $1500 per Member of Council for a total amount of $16,500 ($1500 x 11) to be allocated under this policy. • Ensure unused budget amounts are not carried forward to the next calendar year. • Process Fund payments. • Include transactions of the Fund annually as part of the City's Annual Report. 4.4 The City Clerk shall: • Be responsible for receiving and managing the application process. • Review Applications for compliance with the Policy. 5 • Return non -compliant applications to the Council Member and advise why the application is non -compliant. • Should an application for capital works be rejected by a Commissioner, so advise the Council Member. • Track the use of the funds under this policy for each member of Council, ensure Council Members do not exceed the maximum of $1,500 yearly within the policy and notify Council Members of their balance upon request. • Submit applications to a Council Agenda for consideration in Open Session appearing under item 5. Consent Agenda. • Manage the daily routine administration of the Fund, such as monitoring and advising the individual Council Members of the balance in the Member's allotment and collecting the completed Outcome Reports. • Submit summary of the fund transactions by each Council Member annually to the Finance Controller to be included in the Annual Report. • Retain for recordkeeping purposes the project/event/capital expenditure documentation as required by the City's records management policy. 4.5 Commissioners shall: • Review Applications for infrastructure works and determine whether the capital expenditure is eligible under the Policy and advise the Clerk in writing. 5. Glossary • Community Based Organizations (CBOs) shall be either a Registered Non -Profit organization or a Registered Charitable Organization holding principal activities within the geographical boundaries of the City of Saint John. • "Registered non-profit organization" means a non-profit organization registered as such with the federal or provincial government. The following registered non-profit organizations are ineligible: churches, political organizations, labour unions, and governmental agencies. • "Registered Charitable Organization" means a charity registered as such in accordance with the provisions of the Income Tax Act of Canada, as amended from time to time. • "Minor asset improvements" for both City asset improvements and CBO asset improvements may include, but are not limited to, such items as commemorative plaques, picnic tables, benches and tree planting, etc. 6. Appendices 6.1 Application Form A — CBO requests PZ1IK 6.2 Application Form B — City Asset requests 6.3 Outcome Report Council Community Fund Application Form A — EXTERNAL FORM 2024 Council Community Fund Application FORM A The Information you provide on this form will be used to assess eligibility and consideration for the award of funds at a Common Council meeting. Program Description Through the Council Community Fund Policy (the Fund) Council Members may apply for funding for projects or events that enhance the vibrancy and wellbeing of the residents of the City or minor capital expenditures to improve infrastructure. The Fund supplements Council's existing Community Grants program, allowing a timely and flexible approach to requests for smaller initiatives that align with Council priorities that would not otherwise coincide with the timing of the Community Grants Program. Successful projects will advance one of Council's five priority areas Grow, Green, Belong, Move and Perform. For more information on Council Priorities see: (insert hyperlink) Application and Eligibility for Community -Based Organizations Applications must comply with the City of Saint John Council Community Fund Policy. For a complete description of application and eligibility criteria please review the Council Community Fund Policy. <hyperlink> Applications are always open for submissions during the calendar year. Community -Based Organizations (CBOs) must be a registered non-profit or registered charitable organization holding its principal activities within the City of Saint John. Application must also demonstrate that your proposal: • is based in the City of Saint John • will spend the funding within the financial year in which it is awarded. The minimum amount of financial support is $500. Applications have a funding limit of $1500 per Council Member. FORM A. Name of the Council Member submitting this application: Council Community Fund Application Form A — EXTERNAL FORM Name of Community -Based Organization: Non-profit status: (registered non-profit number, registered charitable organization number) Name and Title of CBO individual responsible for the management of the Funds Phone Number: Email Address: Address: Tell us a bit about your group (what does your group do?) Tell us about what you want to do (describe the project / event / and any small capital asset request to support the project/event) Where is the location of your project / event? P►z191 Council Community Fund Application Form A — EXTERNAL FORM What do you think the benefits will be to people living in the city? Describe the expected outcome from receiving the grant? How does your project / event contribute to addressing the priorities of Common Council? What is the estimated cost of your project or event? Breakdown of costs Amount TOTAL: Please confirm the amount of funds you are requesting: Estimated completion date: Will you be able to complete the project / event Yes / No and obtain any small capital assets within the financial year in which it is requested? Estimated completion date: To Be Acknowledged by the individual responsible for managing the Funds for the Community -Based Organization named above. Accountability: I acknowledge that if funds are provided by the City of Saint John, I will accept responsibility that the funds will be used for the stated purpose and within the timeline stated above. I acknowledge that I will be responsible for keeping all receipts and/or invoices relating to the project or event above and completing an Outcome Report within 45 days of the project or event completion date. Council Community Fund Application Form A — EXTERNAL FORM Liability Waiver for Community Based Organization Fund Recipients By submitting this application, I hereby acknowledge and agree that neither the City, its council, nor any of its members, agencies, officers, employees, or agents shall be held liable or responsible for any injury, including death to any person or for any claims, damages, liabilities, losses, costs, or expenses, including legal fees, arising out of or in connection with the use, allocation, distribution, or expenditure of the Council Members Discretionary Community Fund. I, as an authorized signatory or representative who has legal authority to bind the Community - Based Organization, agree to indemnify and hold harmless the aforementioned entities from all claims, damages, liabilities and losses incurred in relation to or resulting from the use of the allocated funds. Printed name of authorized signatory Signature of authorized signatory Date Your privacy. - We will use the information you provide on this form for the award of funds. The award of funds is reported publicly. All information held by us is liable to disclosure under the Right to Information and Protection of Privacy Act unless it is exempt. City Clerk acknowledgement: (To be completed by City Clerk or their designate) I acknowledge that the proposal described above meets the eligibility requirements of the Council Community Fund Policy (CCFP) and may proceed to the next public meeting of Common Council. Council Community Fund Application Form B — INTERNAL FORM 2024 Council Community Fund Application B — Minor City Assets The Information you provide on this form will be used to assess eligibility and consideration for the award of funds at a Common Council meeting. Successful projects will advance one of Council's five priority areas Grow, Green, Belong, Move and Perform. For more information on Council Priorities see: (insert hyperlink) The minimum amount of financial support is $500. Applications have a funding limit of $1500 per Council Member. Successful applications will be purchased and managed by the City of Saint John. FORM B — COUNCIL MEMBER APPLICATIONS FOR MINOR CITY INFRASTRUCTURE Name of Council Member(s) submitting the application: Tell us about what you want to do (describe the capital asset) Where is the proposed location of your capital asset?? What do you think the benefits will be to people living in the city? Council Community Fund Application Form B — INTERNAL FORM How does your capital asset address the priorities of Common Council? How much will your proposal cost? Please provide evidence of pricing. Breakdown of costs Amount TOTAL: Please confirm the amount of funds you are requesting: Estimated Completion date: Will you be able to complete the project / event Yes / No within the financial year in which it is requested? Estimated completion date: Accountability: I acknowledge that I will be responsible for keeping all receipts and/or invoices relating to the capital asset described above. 11 I acknowledge that I have no pecuniary or other conflict -of -interest in this proposal. Your privacy: We will use the information you provide on this form for the award of funds. The award of funds is reported publicly. All information held by us is liable to disclosure under the Right to Information and Protection of Privacy Act unless it is exempt. Commissioner (responsible for the infrastructure requested) review: I acknowledge that this proposal for the capital asset described above does not impact any existing City funding opportunity. QUIN Council Community Fund Application Form B — INTERNAL FORM City Clerk review: I acknowledge that this proposal for the capital asset described meets the eligibility requirements of the Council Community Fund Policy and may proceed to the next meeting of Common Council. Date Q, 11:3 Council Community Fund Outcome Report Name Council Member: Name of Community -Based Organization: Contact: Address: Telephone: Email: Identify which grant type you received by typing an X next to one of the three below. Community Project I F-Community Event I I Small capital asset I nstructions: S4 Please provide a financial summary of the expenditure with proof of expenditure. Nf Please attach a photo of the minor capital work, project, or event as evidence of the project completion. Funding cannot be reimbursed without evidence of the project being completed. S4 Please provide evidence of how the support of the City of Saint John was acknowledged for this project. Funding cannot be reimbursed with this acknowledgement. S4 Please provide a description of the completed outcomes to demonstrate success. Complete the following revenues and expenses related to your project, event, or small capital asset. A separate attachment may be submitted. Attach proof of expenditure / receipts. REVENUES EXPENSES Source Amount Source Amount City of Saint John Council Community Fund b Total Revenues Total Expenses Balance Recipients will promptly return any unspent portion of the funds to the City. Describe how the City of Saint John was acknowledged for the Council Community Funds? Council Priorities: GROW, GREEN, BELONG, MOVE, PERFORM. Describe the key outcomes and results achieved from the funding. How do they support council priorities? Provide the approximate number of residents, participants who benefited from your project, event, or small capital asset. Include any other relevant statistics. I have reviewed these expenses and I believe they are true and accurate. Signature of the CBO's authorized signing authority: PRINT Name: Date: Approved by Council Member signature: W:7101111a01MI"M Date: b PIR191 r z x 0 E=4 z N O N C N LL cc m .E E E O U 0 cc O cc �U cc LL 0 0 6 0 LO L� O 0 CD CD Q ZD i O L^^ 0- cu L 0 L ^O O co :3 V w El P4 U .0 W co L V) T� V L� L O a� c� co ^o W co L U) E ^, ^ TW V E m ^L, ^W O 0 / 1 ��1 U L O (n , L L cp W E E V E � cu ^�, O > E W ca C: O O � : E O � U N .E Q ccu ,V E c:)O c� N a N� c ca {/} 1L Q ^� W O 0 � E � O ��_ mC: = Ica E� CO O Q =3 =3 U (n O CO E O 0 CD—L .E N .0 .U E 0 .— O 0 c� A � N Q N � a - 7 7 7 7 L 00 O N U (B 0 L 0 O DL c U � O �c co � O O 0 U) O COS M U-6 E +� E� O �� a� Um cu 0.— cu Q >% C oV a) _0C _� cu>% Q�� OEM c�nc�n LC >� O� U O U LZ Co QC) -0 C CL U L Q Q) .2) N N a),, OQ 4-1w i-- i-- LL• • • • +-' L O O C: U O —_ a� C O cm DL U v a� 0)O U) E C + : O O cB O vi }' — E Q cn L N V) N p O VD-Q co>� N� N --o cu >, Uv O C O O U � Q Z — O wU U .L m C L U cm CL LL L A U U a c E E O U r/7 C �I 7 O U Z O O b a CO LL b U From: City of Saint John, New Brunswick <webform-noreply@saintjohn.ca> Sent: Wednesday, February 21, 2024 1:44 PM To: Common Clerk <commonclerk@saintjohn.ca> Subject: Webform submission from: Submission to Council Form [ External Email Alert] **Please note that this message is from an external sender. If it appears to be sent from a Saint John employee, please forward the email to spamsamplea-saintiohn.ca or contact the IT Service Desk.** Submitted on Wed, 02/21/2024 - 13:43 Submitted by: Anonymous Submitted values are: About Person/Group Submitting First name Adam Last name Pottle 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. No About your Submission Topic of submission Charlotte and Sydney bicycle lanes Purpose for submission (what is the ask of council): Council should reverse their decision to install bicycle lanes on Sydney and Charlotte. Executive summary 1►�1:3 Hello Council, I recently learned Saint John intends to install bike lanes on Sydney and Charlotte. This decision should be reversed. Traffic speeds rarely exceed 30-35 km/h in the South End, and there has been no study associated with projected usage of the proposed bike lanes. To the best of my knowledge, no studies have been performed of projected, let alone actual, usage of any proposed or existing bike lanes in the entire city, and they mostly go unused, which is readily apparent. 25 parking spaces being eliminated will have extremely negative impacts of the South End residents in this area, as well as the Queen Square Farmer's Market. Parking is increasingly limited in this growing neighbourhood. A dense residential area with slow moving traffic is precisely where bicycles should share the road with motor vehicles. This money would be better spent elsewhere. Converting Sydney and Charlotte to one-way for their entire lengths is good, but for the south end of Charlotte to function effectively, Saint John should reopen the long -closed south end of Germain onto Lower Cove Loop. As I am not a traffic engineer, I am unsure what changes to Ross Street would be needed, but reopening this awkward end of Germain would encourage development on the remaining vacant land in the area. It would also enhance the accessibility of Harding, and the west end of St James. Thanks, Adam 18401 From: City of Saint John, New Brunswick <webform-noreply@saintjohn.ca> Sent: Saturday, February 10, 2024 1:08 PM To: Common Clerk <commonclerk@saintjohn.ca> Subject: Webform submission from: Submission to Council Form [ External Email Alert] **Please note that this message is from an external sender. If it appears to be sent from a Saint John employee, please forward the email to spamsamplea-saintiohn.ca or contact the IT Service Desk.** Submitted on Sat, 02/10/2024 - 13:07 Submitted by: Anonymous Submitted values are: About Person/Group Submitting First name Robbie Last name Collins 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 City of Saint John Preferred Pharmacy Provider Contract Purpose for submission (what is the ask of council): To cease participation in preferred pharmacy network contracts. Executive summary K091 Having a preferred provider pharmacy contract with Sobeys is hurting your members and your local businesses. These networks take away customers' choice of pharmacy, and the partnership forces locally owned pharmacies out of the picture and further hurts competition. You have members who are receiving unsatisfactory services but yet do not have the ability to make their own independent choice. You also have members in rural areas that have access issues. An individual should have the freedom to choose a pharmacy based upon the services and relationships that they find most beneficial to their individual health concerns. We also do not need large corporations squeezing the locally owned businesses out of the competition. PZ-I From: Dave MacFarlane <catering101@hotmail.com> Sent: Tuesday, February 6, 2024 8:32:02 AM To: City of Saint John Mayor's Office <mayor@saintlohn.ca> Cc: MacKenzie, John <iohn.mackenzie@saintlohn.ca>; Harris, Brent <brent.harris@saintlohn.ca>; Sullivan, Gary <gary.sullivan@saintlohn.ca>; Killen, Joanna <ioanna.killen@saintlohn.ca>; Norton, Greg <greg.norton@saintiohn.ca>; Ogden, Barry <barry.ogden@saintiohn.ca>; Hickey, David <david.hickey@saintiohn.ca>; Lowe, Gerry <gerry.lowe@saintiohn.ca>; Radwan, Paula <paula.radwan@saintiohn.ca>; Stewart, Greg <greg.stewart@saintiohn.ca>; Taylor, Jonathan <ionathan.taylor@saintiohn.ca> Subject: Request for Silencing Train Whistle in Compliance with Noise By-law [ 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 spamsamplea-saintiohn.ca or contact the IT Service Desk.** Dear City Council of Saint John, Dave MacFarlane 2-243 Queen St. Saint John N.B. E2L1T1 I am writing to express my concern regarding the excessive noise generated by the train whistles in our community. The regular blowing of train whistles poses a significant disturbance to residents, especially during late hours, disrupting peace and tranquility in our neighborhood. As a resident of Queen St., I have observed that the train whistles, particularly during the night, disturb the peace and quiet necessary for a restful environment. Beyond the nuisance, the constant noise adversely affects the quality of life for residents, disrupts sleep patterns, and can even have negative impacts on mental and physical health. I am aware that the city has established noise by-laws to address such disturbances and ensure the well-being of its citizens. According to By -Law number M22, of the noise by-law, it is prohibited to generate excessive noise that disturbs the peace and quiet of residential areas. Considering the provisions outlined in the noise by-law and the adverse effects caused by the train whistles, I respectfully request that the city takes appropriate measures to silence the train whistles, especially during non -emergency situations. Implementing measures such as the use of quiet zones or alternative warning systems can effectively mitigate the noise pollution without compromising safety. NIM Furthermore, I urge the city council or relevant department to consider the well-being of the residents and take proactive steps to address this issue promptly. By enforcing the noise by-law and implementing practical solutions, we can create a more livable and harmonious community for everyone. Thank you for considering my request. I am hopeful that the city will take necessary actions to alleviate this ongoing concern and enhance the quality of life for all residents. Sincerely, Dave MacFarlane. �; M&C No. 2024-64 Report Date February 27, 2024 Meeting Date March 04, 2024 Service Area General Counsel SUBJECT: Results of Request for Expressions of Interest re City -owned land at 160 Thorne Avenue EXECUTIVE SUMMARY OF COMMITTEE OF THE WHOLE REPORT FOR OPEN SESSION OF COUNCIL Staff called for an Expression of Interest for the property at 160 Thorne Avenue (the "Site"). The RED closed on June 7, 2023, with only one proposal being submitted. Staff are recommending that the City sell the Site to 511978 N.B. Inc. for appraised value. COUNCIL RESOLUTION 1. That the City enter into an Agreement of Purchase and Sale generally in the form as presented to Committee of the Whole at its meeting held March 4, 2024, with 511978 N.B. Inc. for the parcel of land located at 160 Thorne Avenue (PID 55174106) 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; and 2. That the City retain a Local Government Services Easements for its infrastructure located within the subject lands. M&C No. 2024-060 Report Date February 27, 2024 Meeting Date March 04, 2024 Service Area Growth and Community Development Services SUBJECT: City Market Lease with Charlotte Street Bakery EXECUTIVE SUMMARY OF COMMITTEE OF THE WHOLE REPORT FOR OPEN SESSION OF COUNCIL City staff is pleased to present a new lease for the owners of Charlotte Street Bakery in the recently renovated space at the top of the Market between the Butcher's Daughter and Jeremiah's. This new business, operated by Roselynn Foods ltd., will usher in a much -needed element to the City Market, with a focus on fresh baking. COUNCIL RESOLUTION 1. NOW THEREFORE BE IT RESOLVED that the city enter into a lease generally in the form as presented to Committee of the Whole at its meeting held March 04, 2024 for stalls "B and C" and ancillary spaces in the City Market with RoseLynn Foods Ltd., dba Charlotte Street Bakery; and 2. FURTHER BE IT RESOLVED that the Mayor and City Clerk be authorized to execute any necessary documents. K�1 M&C No. 2024-061 Report Date February 26, 2024 Meeting Date March 04, 2024 Service Area Growth and Community Development Services SUBJECT: City Market Lease with Jo"s Samosas EXECUTIVE SUMMARY OF COMMITTEE OF THE WHOLE REPORT FOR OPEN SESSION OF COUNCIL City staff is pleased to present a new lease for Jo's Teahouse Samosas in the former LebanOn the Go space between the Blue Pelican and A Brillant Choice on the North side of the building. COUNCIL RESOLUTION 1. NOW THEREFORE BE IT RESOLVED that the city enter into a lease generally in the form as presented to Committee of the Whole at its meeting held March 04, 2024 for stall "2" and ancillary spaces in the City Market with Jo's Teahouse Samosas, dba Jo's Samosas; and 2. FURTHER BE IT RESOLVED that the Mayor and City Clerk be authorized to execute any necessary documents. KI.1.1 M&C No. M&C 2024-052 Report Date February 13, 2024 Meeting Date March 04, 2024 Service Area Utilities & Infrastructure SUBJECT: Stage at Ihtoli-maqahamok (Market Slip) EXECUTIVE SUMMARY OF COMMITTEE OF THE WHOLE REPORT FOR OPEN SESSION OF COUNCIL Stage programming and site activation are important components to a successful public space project. While the physical construction is getting close to complete, in order to have events and shows booked for the summer, the bookings need to be completed in advance of the opening of the space. The restaurant tenants and Market Square operators have expressed their desire to contract with JSM Sports Entertainment Inc. to provide the management service but since the space is owned by the City, the license to operate the space must come from the City. The expenses related to acts on the stage are borne by the tenants. COUNCIL RESOLUTION That the City enter into the License Agreement generally in the form presented to Committee of the Whole at its meeting held March 4, 2024, with 750561 N.B. Inc for the purpose of providing events, concerts, and general programming to the City facility called "Ihtoli-magahamok — The Gathering Space," and that the Mayor and Clerk be authorized to execute the said License Agreement and any other documents ancillary thereto. KIM