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2020-06-08_Agenda Packet--Dossier de l'ordre du jourCity of Saint John Common Council Meeting AGENDA Monday, June 8, 2020 6:00 pm Meeting Conducted by Electronic Participation Si vous avez besoin des services en francais pour une reunion de Conseil communal, veuillez contacter le bureau du greffier communal au 658-2862. Pages 1. Call to Order 2. Approval of Minutes 2.1 Minutes of May 25, 2020 5-17 3. Approval of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 Federation of Canadian Municipalities (FCM) Funding Program Applications 18-21 (Recommendation in Report) 5.2 Street Name Change (Recommendation in Report) 22-24 5.3 Real Property Attribute Information Distribution Agreement (Recommendation 25-29 in Report) 5.4 Planning Advisory Committee: Money -in -Lieu of Land for Public Purposes - 30-41 4315 Loch Lomond Road (Recommendation in Report) 5.5 Licence Agreement for Temporary Use Occupancy at Comer of Princess and 42-45 Canterbury Streets (Recommendation in Report) 5.6 Microsoft Business and Services Agreement— Contract Renewal 46-85 (Recommendation in Report) 6. Members Comments 7. Proclamation 7.1 National Indigenous Peoples Day - June 21, 2020 86-86 8. Delegations / Presentations 9. Public Hearings - 6:30 p.m. 9.1 Proposed Zoning Bylaw Amendment - 191 Red Head Rd with Planning 87-118 Advisory Committee report recommending approval and Staff Presentation 9.1.1 191 Red Head Road (1st and 2nd Reading) 119-132 9.1.2 Citizen Letter 133-133 10. Consideration of By-laws 10.1 Street Closing Bylaw Amendment portion of Fairville Boulevard (3rd Reading) 134-134 11. Submissions by Council Members 12. Business Matters - Municipal Officers 12.1 Sustainability Update (Verbal) 12.2 General Fund COVID-19 Financial Impact Update 135-142 12.3 COVID-19 Operations Update (Verbal) 12.4 Amended Sports Field Service Restoration Plan 143-148 12.5 Municipal Economic and Community Recovery Planning Update 149-154 12.6 Update on Water Levels in the South Bay Wellfield 155-158 13. Committee Reports 13.1 Planning Advisory Committee: Proposed LPP Release - 0 Katie Drive 159-171 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 15.1 C. Osborne: Changes to Parking By -Laws (Recommendation: Refer to the 172-177 Parking Commission) 15.2 S. Robertson: Potential Closure of Charles Gorman Arena (Recommendation: 178-179 Receive for Information) K 16. Supplemental Agenda 17. Committee of the Whole 17.1 Workforce Adjustments - Saint John Police Force 180-184 17.2 Workforce Adjustments - Transit 185-189 18. Adjournment K3 NOTICE: THE CITY IS COMMITTED TO TAKING IMPORTANT STEPS IN REDUCING THE SPREAD OF COVID- 19. THE PUBLIC, INCLUDING THE MEDIA, IS NOT PERMITTED TO ATTEND IN PERSON. THE MEETING IS AVAILABLE BY LIVESTREAMING ON YOUTUBE. ACCESS TO THE LIVESTREAMING OF THE MEETING IS AVAILABLE ON THE CITY'S WEBSITE. The public may view a live stream of the meeting on the City's website: https://www.youtube.com/channel/UCWOdmpd x2m-YiZluYABzow/live AVIS: LA VILLE S'EST ENGAGEE A PRENDRE DES MESURES IMPORTANTES POUR REDUIRE LA PROPAGATION DE COVID-19. LE PUBLIC Y COMPRIS LES MEDIAS NEST PAS AUTORISE A ASSISTER EN PERSONNE. LA REUNION EST DISPONIBLE EN DIRECT SUR YOUTUBE. L'ACCES AU LIVESTREAMING DE LA REUNION EST DISPONIBLE SUR LE SITE DE LA VILLE. Le public peut voir une diffusion en direct de la reunion sur le site Web de la Ville: https://www.youtube.com/channel/UCWOdmpd x2m-YiZluYABzow/live Committee of the Whole 1. Call to Order Si vous avez besoin des services en fran�ais 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., Electronic Participation 1.1 Approval of Minutes 68(1) 1.2 Employment Matter 68(1)0) 1.3 Employment Matter 68(1)0) 1.4 Employment Matter 68(1)0) 1.5 Employment Matter 68(1)0) 1.6 Employment Matter 68(1)0) 1.7 Financial Matter 68(1)(c,g) 1.8 Legal Matter 68(1)(f) 1.9 Employment Matter 68(1)0) 1 Ville de Saint John Seance du conseil communal Lundi 8 juin 2020 18h Reunion tenue grace a la participation electronique Comite plenier 1. Ouverture de la seance Si vous souhaitez obtenir des services en fran�ais 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 l'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, Salle de conference, 8e etage, hotel de ville 1.1 Approbation du proces-verbal 68(1) 1.2 Questions relatives a 1'emploi 68(1)j) 1.3 Questions relatives a 1'emploi 68(1)j) 1.4 Questions relatives a 1'emploi 68(1)j) 1.5 Questions relatives a 1'emploi 68(1)j) 1.6 Questions relatives a 1'emploi 68(1)j) 1.7 Question d'ordre juridique 68(1)f) 1.8 Questions financieres 68(1)c)g) 1.9 Questions relatives a 1'emploi 68(1)j) 1.10 Questions relatives a 1'emploi 68(1)j) Seance ordinaire 1. Ouverture de la seance 2. Approbation du proces-verbal 2.1 Approbation du proces-verbal — 25 mai 2020 3. Adoption de I'ordre du jour 4. Divulgations de conflits d'interets K 5. Questions soumises a I'approbation du conseil 5.1 Demandes de financement du programme de la Federation canadienne des municipalites (FCM) (recommandation dans le rapport) 5.2 Changement de nom de rue (recommandation dans le rapport) 5.3 Accord de distribution de renseignements sur les attributs des biens immobiliers (recommandation dans le rapport) 5.4 Comite consultatif d'urbanisme : compensation monetaire pour un terrain d'utilite-4315, chemin Loch Lomond (recommandation dans le rapport) 5.5 Permis d'occupation pour une occupation temporaire au coin des rues Princess et Canterbury (recommandation dans le rapport) 5.6 Microsoft Business and Services Agreement (MBSA) - Renouvellement de contrat (recommandation dans le rapport) 6. Commentaires presentes par les membres 7. Proclamation 8. Delegations et presentations 9. Audiences publiques —18 h 30 9.1 Proposition de modification du reglement de zonage —191, chemin Red Head avec rapport du comite consultatif d'urbanisme recommandant I'approbation et presentation du personnel 9.1.1 191, chemin Red Head (jr' et 2e lecture) 9.1.2 Lettre de citoyens 10. Etude des arretes municipaux 10.1 Modification du reglement sur la fermeture de rue pour un tron�on du boulevard Fairville (3e lecture) 11. Interventions des membres du conseil 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.1 Mise a jour sur le developpement durable (verbal) 12.2 Fonds d'administration relativement a la COVID-19 — mise a jour de I'impact financier K3 12.3 Mise a jour des activites — COVID-19 (verbal) 12.4 Plan modifie de restauration du service des terrains de sport 12.5 Mise a jour de la planification municipale de la relance economique et communautaire 12.6 Mise a jour sur les niveaux d'eau dans le champ de captage a South Bay 13. Rapports deposes par les comites 13.1 Comite consultatif d'urbanisme : Publication proposee de terrains d'utilite publique — 0 Katie Drive 14. Etude des sujets ecartes des questions soumises a I'approbation du Bureau 15. Correspondance generale 15.1 C. Osborne : modification des reglements municipaux sur le stationnement (recommandation : consulter la Commission sur le stationnement) 15.2 S. Robertson : fermeture potentielle de I'arena Charles Gorman (recommandation :6 titre d'information) 16. Ordre du jour supplementaire 17. Comite plenier 17.1 Reamenagement des effectifs — Saint John Police Force 17.2 Reamenagement des effectifs —Transit 18. Levee de la seance CI COMMON COUNCIL/ CONSEIL COMMUNAL May 25, 2020 / le 25 mai 2020 1► IILI[ 1111IF.=00411w_1:M► 1IIIisI1►[e COMMON COUNCIL OF THE CITY OF SAINT JOHN MAY 25, 2020 AT 6:00 PM MEETING CONDUCTED BY ELECTRONIC PARTICIPATION Present: All Members of Common Council present at the meeting attended by video conference Mayor Don Darling Deputy Mayor Shirley McAlary Councillor -at -Large Gary Sullivan Councillor Ward 1 Blake Armstrong Councillor Ward 1 Greg Norton Councillor Ward 2 Sean Casey Councillor Ward 2 John MacKenzie Councillor Ward 3 David Hickey Councillor Ward 3 Donna Reardon Councillor Ward 4 David Merrithew Councillor Ward 4 Ray Strowbridge Also Present: All staff present at the meeting attended by video conference City Manager J. Collin City Solicitor J. Nugent Q.C. Fire Chief K. Clifford Commissioner Finance K. Fudge Commissioner Growth & Community Development J. Hamilton Deputy Commissioner Transportation and Environment J. Hussey Commissioner Saint John Water B. McGovern Common Clerk J. Taylor Administrative Officer R. Evans Deputy Common Clerk P. Anglin 61 COMMON COUNCIL/ CONSEIL COMMUNAL May 25, 2020 / le 25 mai 2020 To conform to the Government COVID-19 State of Emergency and Mandatory Order isolation requirements, City Hall is closed to the public. Council Members and senior staff participated by video conference. In addition the Public Hearing was conducted by teleconference for registered applicants. 1. Call to Order 2. Approval of Minutes 2.1 Minutes of May 4, 2020 Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that the minutes of the meeting of Common Council held on May 4, 2020, be approved. MOTION CARRIED. 3. Approval of Agenda Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that the agenda of this meeting be approved with the addition of the following items: 17.1 Develop Saint John Human Resource Secondment Extension 17.2 Fundy Quay — Option to Lease Agreement 17.3 TD Station Negotiations MOTION CARRIED. 4. Disclosures of Conflict of Interest S. Consent Agenda 5.1 That as recommended by the City Manager in the submitted report M&C 2020- 126: Contract 2020-03: Shamrock Park—Sewer Replacement, Common Council approves that the contract be awarded to the low Tenderer, Galbraith Construction Ltd., at the tendered price of $666,218.58 (including HST) as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. 5.2 That as recommended by the City Manager in the submitted report M&C 2020- 130: Enbridge Gas New Brunswick Inc. — Municipal Operating Agreement (Revival and Amending Agreement), Common Council approves the revival and amending agreement and authorizes the Mayor and Common Clerk to execute the revival and amending agreement in the submitted form between Liberty Utilities (Gas New Brunswick) LP, as 2 C.1 COMMON COUNCIL/ CONSEIL COMMUNAL May 25, 2020 / le 25 mai 2020 represented by its general partner Liberty Utilities (Gas New Brunswick) Corp. and the City of Saint John. 5.3 That the submitted report M&C 2020-132: Terms of Spring Debenture Issue, be received for information. 5.4 That as recommended by the City Manager in the submitted report M&C 2020- 136: Rockwood Park Horse Stables License Renewal, Common Council approves a license agreement with Turn of the Century Trolleys Inc. (TCT Inc.) in the form and on the terms and conditions as submitted for a term of five years, and that the Mayor and Common Clerk be authorized to execute the submitted license agreement. 5.5 That as recommended by the City Manager in the submitted report M&C 2020- 121: City Market Tower Interior Renovations Second Floor and Fit -Up, Common Council approves the change order submitted by Eclipse Construction Services Ltd., for the City Market Tower Interior Renovations Second Floor and Fit -Up, in the amount of $324,843.49 plus HST. Further to the base quote amount, Common Council approves that a contingency allowance be carried for this project of 15% for a total project cost of $373,570 plus HST. 5.6 That as recommended by the City Manager in the submitted report M&C 2020- 129: Initiate Stop -up and Closure of Portion of Algonquin Place, Common Council adopt the following resolution: 1. That the Public Hearing to consider the passing of a By-law to Close a 511 square metre portion of a public street known as Algonquin Place, as shown on a Plan of Survey (see attached), be set for Monday, June 22, 2020 at 6:30 p.m. in the Council Chamber; 2. That Common Council authorize the publishing of a notice of its intention to consider passing of such By-law identified above; and 3. In the event that Common Council gives First and Second Reading to Amending a By- law as stated above, that Council withhold Third Reading pending a further report from City staff regarding the details of the possible sale of an adjoining parcel of the Provincially owned property to W&S Holdings. 5.7 That as recommended by the City Manager in the submitted report M&C 2020- 133: Proposed Public Hearing Date — 134 Taylor Avenue, 1739 Grandview Avenue, 913 Latimore Lake Road and rescheduled hearing date for 90 Paradise Row, Common Council approves the following: 1. Schedule the public hearings for the rezoning applications of Hughes Surveys & Consultants Inc. (134 Taylor Avenue), Patrick Hunter (1739 Grandview Avenue) and 3 rA COMMON COUNCIL/ CONSEIL COMMUNAL May 25, 2020 / le 25 mai 2020 Northrup Group (913 Latimore Lake Road) for Monday July 6, 2020 at 6:30 p.m. to occur via web conference, and refer the applications to the Planning Advisory Committee for a report and recommendation; and 2. Reschedule the public hearing for the rezoning application for Saint John Energy (90 Paradise Row) for Tuesday August 4, 2020 at 6:30 p.m. to occur via web conference. 5.8 That as recommended by the City Manager in the submitted report M&C 2020- 134: Holy Cross Cemetery — Revised Mausoleum Proposal, Common Council hereby approves of the revised proposal for the establishment of a mausoleum at Holy Cross Cemetery, Sand Cove Road, Saint John, New Brunswick by Saint John Diocesan Cemeteries Inc. as shown on Attachment 1 to the submitted report. Moved by Deputy Mayor McAlary, seconded by Councillor Reardon: RESOLVED that the recommendation set out in each consent agenda item respectively be adopted. MOTION CARRIED UNANIMOUSLY. 6. Members Comments Council members commented on various community events. 7. Proclamations 8. Delegations/Presentations 9. Public Hearings 6:30 PM 9.1 Proposed Street Closing — Portion of Fairville Boulevard (151 and 2nd Reading) The Common Clerk advised that the necessary advertising was completed with regard to the proposed by-law amendment to stop up and close a portion of Fairville Boulevard, by adding thereto Section 2 immediately after Section 1 thereof, with no objections received. The Clerk advised that due to the COVID-19 Mandatory Order on social distancing the Public Hearing Notice also required those interested to participate in the Public Hearing, were required to register with the Office of the Common Clerk. The Clerk advised only one request to present was filed, by Mr. Ben Cressman who wishes to speak in favour of the street closing. The Mayor invited Mr. Cressman to make his presentation. CI E:3 COMMON COUNCIL/ CONSEIL COMMUNAL May 25, 2020 / le 25 mai 2020 Participating by teleconference Mr. Cressman spoke in favour of the proposal. Moved by Deputy Mayor McAlary, 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 Fairville Boulevard by adding thereto Section 2 immediately after Section 1 thereof, be read a first time. IL 100000MGM :k]k]11191 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 Deputy Mayor McAlary, seconded by Councillor Merrithew: 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 Fairville Boulevard by adding thereto Section 2 immediately after Section 1 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 Bylaws 11. Submissions by Council Members 11.1 Illegal Dumping of Garbage (Councillor MacKenzie) Deputy Commissioner A. Poffenroth advised that the City has two bylaws that may be used depending on where the garbage is being dumped; the Unsightly Premises Bylaw and the Solid Waste Bylaw. The Unsightly Premises Bylaw does allow ticketing. Moved by Councillor Hickey, seconded by Deputy Mayor McAlary: RESOLVED that the matter Illegal Dumping of Garbage be referred to the City Manager. MOTION CARRIED. 12. Business Matters - Municipal Officers 12.1 Sustainability Update G7 COMMON COUNCIL/ CONSEIL COMMUNAL May 25, 2020 / le 25 mai 2020 The City Manager updated Council on the sustainability items approved by Council to address Prong 2 - the $10 million deficit in the short term 2021 and Prong 1 and Prong 3 long term transformational reforms. Staff is implementing the Council recommendations. Moved by Deputy Mayor McAlary, seconded by Councillor Hickey: RESOLVED that the verbal Sustainability Update be received for information. IL [0000114L1ilk] SI119a 12.2 Operational Concept Restoration of Services The City Manager advised that during COVID-19 the City has incurred $5 million in lost revenue; the $5 million must be made up by reducing costs. Referring to the submitted presentation entitled Operational Concept Restoration of Services, the Director of Corporate Performance S. Rackley -Roach outlined the COVID-19 essential services stage, and the phased approach to public service recovery based on mandatory orders from the Premier and Director of Public Health. Service suspensions based on lack of funds in 2020 were also addressed. Options to address service suspensions being introduced safely based on community involvement / partnerships were discussed. Moved by Deputy Mayor McAlary, seconded by Councillor Hickey: RESOLVED that Common Council approve the submitted Operational Concept for the restoration of services and programs. IL [00]►[4L1ilk] ilk] 11193 12.2 Dominion Park Revitalization Referring to the submitted report entitled M&C 2020-131: Dominion Park Revitalization Deputy Commissioner T. O'Reilly and Derek Chaisson Chair Dominion Park Community Association, discussed the guiding policies and sustainability plan related to enabling the revitalization of Dominion Park. Moved by Councillor Armstrong, seconded by Councillor Norton: RESOLVED that as recommended by the City Manager in the submitted report M&C 2020-131: Dominion Park Revitalization, Common Council approve the following: 1. Increase the 2021 General Fund Capital Program by up to $135,000 for investment in Dominion Park; rd iK COMMON COUNCIL/ CONSEIL COMMUNAL May 25, 2020 / le 25 mai 2020 2. Authorize up to $150,000 insurance proceeds from the claim for damage due to 2018 and 2019 flooding at Dominion Park be placed into the General Fund Capital Reserve for use only at Dominion Park for a period of time not longer than December 31, 2021; 3. Endorse the City of Saint John in partnership with the Dominion Park Community Association make application to the Provincial Community Investment Fund, the Provincial Family and Youth Capital Assistance Program, and seek private sponsorship opportunities to supplement City investment in Dominion Park; and 4. Uphold Common Council's 2017 resolutions as reiterated in M&C 2020-131, except that, notwithstanding focus on Rockwood Park would follow completion of the Rainbow Park Master Plan, focus on Dominion Park shall supercede or occur concurrently with improvements to Rockwood Park as a result of the damages caused by the flooding in 2018 and 2019. IL [0000MGM :k]k]11191 13. Committee Reports 13.1 Finance Committee: Budget Monitoring Policy Referring to the submitted report entitled M&C 2020-127: Budget Monitoring Policy Commissioner of Finance K. Fudge advised of the importance of the suite of financial policies that enhance accountability and strengthen cost control through adherence to guidelines. Moved by Councillor Merrithew, seconded by Deputy Mayor McAlary: RESOLVED that as recommended by the City Manager in the submitted report M&C 2020-127. Budget -Monitoring Policy, Common Council approve the City of Saint John Budget Monitoring Policy FAS -021. MOTION CARRIED. 13.2 Growth Committee: Municipal Economic and Communitv Recovery Plannin Referring to the submitted report entitled M&C 2020-137: Municipal Economic and Community Recovery Planning Deputy Commissioner of Growth and Community Development P. Ouellette outlined immediate initiatives to address recovery and criteria for utilizing the growth reserve and recovery funding. Moved by Deputy Mayor McAlary, seconded by Councillor Hickey: RESOLVED that as recommended by the City Manager in the submitted report M&C 2020-137: Municipal Economic and Community Recovery Planning, Common Council: VA 11 COMMON COUNCIL/ CONSEIL COMMUNAL May 25, 2020 / le 25 mai 2020 1. Receive and file the submitted presentation; 2. Direct the City Manager to proceed with the implementation of the immediate initiatives as outlined in the presentation; 3. Direct the City Manager to return to Growth Committee in June with direction on street closure options for Saint John; 4. Adopt the Growth Reserve Fund objectives and criteria for economic recovery investments as outlined in the presentation. MOTION CARRIED. 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence Moved by Deputy Mayor McAlary, seconded by Councillor Hickey: RESOLVED that the general correspondence items 15.1 to 15.17 inclusive be lifted from the table. MOTION CARRIED. 15.1 Canadian Manufacturers and Exporters - Request to Present Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that the Canadian Manufacturers and Exporters - Request to Present be received for information. IL [00]►[4L1ilk] ilk] 11193 15.2 Port Saint John - Heavy Vehicle Permit Fees Moved by Deputy Mayor McAlary, seconded by Councillor Hickey: RESOLVED that the correspondence from Port Saint John — Heavy Vehicle Permit Fees be received for information. IL 10000►[4L1ilk] ilk] I1191 15.3 A. Rouse - Sustainability Plan for the City of Saint John Moved by Councillor Reardon, seconded by Councillor Hickey: RESOLVED that the correspondence from A. Rouse - Sustainability Plan for the City of Saint John be received for information. IL 10000►[4L1ilk] ilk] I1191 12 8 COMMON COUNCIL/ CONSEIL COMMUNAL May 25, 2020 / le 25 mai 2020 15.4 P. Groody - Saint John Energy and the Future - An Initial Critique of Your Sustainabilitv Plan Moved by Councillor Reardon, seconded by Councillor Hickey: RESOLVED that the correspondence from P. Groody - Saint John Energy and the Future — An Initial Critique of Your Sustainability Plan be received for information. MOTION CARRIED. 15.5 R. Goodwin - Citizen Petition: Saint John Energy is Not for Sale Moved by Councillor Reardon, seconded by Councillor Casey: RESOLVED that the correspondence from R. Goodwin - Citizen Petition: Saint John Energy is Not for Sale be received for information. MOTION CARRIED. 15.6 C. Osborne: Proposed Cuts Moved by Councillor Reardon, seconded by Deputy Mayor McAlary: RESOLVED that the correspondence from C. Osborne: Proposed Cuts be received for information. MOTION CARRIED. 15.7 H. Duncan - Sale of Saint John Energy Moved by Councillor Reardon, seconded by Councillor Hickey: RESOLVED that the correspondence from H. Duncan - Sale of Saint John Energy be received for information. MOTION CARRIED. 15.8 S. Nadeau - Appointment of Provincial Librarian Moved by Deputy Mayor McAlary, seconded by Councillor Reardon: RESOLVED that the correspondence from S. Nadeau - Appointment of Provincial Librarian be received for information. MOTION CARRIED. 13 COMMON COUNCIL/ CONSEIL COMMUNAL May 25, 2020 / le 25 mai 2020 15.9 J. Pearce - Feedback on Restructuring Plan Moved by Councillor Hickey, seconded by Councillor Reardon: RESOLVED that the correspondence from J. Pearce - Feedback on Restructuring Plan be received for information. MOTION CARRIED. 15.10 The Chamber - Saint John Sustainability Report and Options Moved by Deputy Mayor McAlary, seconded by Councillor Reardon: RESOLVED that the correspondence from The Chamber - Saint John Sustainability Report and Options be received for information. MOTION CARRIED. 15.11 New Brunswick's Three Municipal Associations —Association francophone des municipalites du N.B., Cities of N.B. Association and Union of Municipalities of N.B. Letter to Premier Moved by Councillor Reardon, seconded by Councillor Strowbridge: RESOLVED that the correspondence from New Brunswick's Three Municipal Associations; Association francophone des municipalites du N.B., Cities of N.B. Association and Union of Municipalities of N.B. re: Letter to Premier with attached report prepared by the FCM entitled Protecting Vital Municipal Services be received for information. IL [00]►[GL1ilk] ilk] 11193 15.12 Moosehead Breweries - Tax on Transportation Trucks Moved by Councillor Reardon, seconded by Councillor MacKenzie: RESOLVED that the correspondence from Moosehead Breweries - Tax on Transportation Trucks be received for information. IL [000011GL1ilk] ilk] I1191 15.13 L. Hersey - Complaint — Saint John Transit Moved by Councillor Reardon, seconded by Councillor Strowbridge: RESOLVED that the correspondence from L. Hersey - Complaint — Saint John Transit be referred to the Transit Commission. IL [000011GL1ilk] ilk] I1191 14 10 COMMON COUNCIL/ CONSEIL COMMUNAL May 25, 2020 / le 25 mai 2020 15.14 Atlantic Provinces Trucking Association re: Heavy Vehicle Permit/Tax Moved by Councillor Reardon, seconded by Deputy Mayor McAlary: RESOLVED that the correspondence from Atlantic Provinces Trucking Association re: Heavy Vehicle Permit/Tax be received for information. MOTION CARRIED. 15.15 Vet's Taxi re: Recent Decision of Council —Age of Vehicles Moved by Councillor Reardon, seconded by Councillor Sullivan: RESOLVED that the correspondence Vet's Taxi re: Recent Decision of Council —Age of Vehicles be referred to the City Manager for a bylaw amendment in October 2020. MOTION TIED with Deputy Mayor McAlary and Councillors Armstrong, Strowbridge, MacKenzie and Casey voting nay. MOTION CARRIED with the Mayor breaking the tie voting in favour of the motion. Moved by Deputy Mayor McAlary, seconded by Councillor Armstrong: RESOLVED that the previous motion be reconsidered. MOTION CARRIED with Councillors Reardon, Merrithew and Sullivan voting nay. Responding to question, the City Manager stated that the bylaw could not receive three readings and be in place by June 1, 2020. Moved by Deputy Mayor McAlary, seconded by Councillor Armstrong: RESOLVED that the correspondence Vet's Taxi re: Recent Decision of Council —Age of Vehicles be referred to the City Manager to bring a bylaw amendment to Council by September 111 enabling the age of taxi vehicles to be 8 years old. MOTION CARRIED with Councillors Reardon, Merrithew and Sullivan voting nay. 15.16 Rocmaura: Armchair Gala Moved by Deputy Mayor McAlary, seconded by Councillor Casey: RESOLVED that due to the uncertainty of the City's financial situation that all ticket purchases be declined until December 31, 2020. MOTION CARRIED. 15 11 COMMON COUNCIL/ CONSEIL COMMUNAL May 25, 2020 / le 25 mai 2020 15.17 Email from Minister ELG J. Carr re Sustainability Plan The Common Clerk advised that an acknowledgement letter has already been forwarded to Minister Carr. Moved by Councillor Reardon, seconded by Councillor Hickey: RESOLVED that the email from Minister ELG J. Carr re Sustainability Plan be received for information. MOTION CARRIED. 16. Supplemental Agenda 17. Committee of the Whole 17.1 Develop Saint John Human Resource Secondment Extension Moved by Councillor Reardon, seconded by Councillor Hickey: RESOLVED that as recommended by the Committee of the Whole having met on May 25th, 2020 Common Council approve the Secondment Agreement respecting Jeffrey Cyr and that the Mayor and Common Clerk be authorized to execute same. MOTION CARRIED. 17.2 Fundy Quay— Option to Lease Agreement Moved by Councillor Hickey, seconded by Deputy Mayor McAlary: RESOLVED that as recommended by the Committee of the Whole having met on May 25th, 2020 Common Council approve that the City of Saint John amend section 2.2(b) of the Option Agreement between the City and Fundy Quay Developments Inc. to replace "on or before May 29, 2020" with "on or before August 7, 2020"; and that the Mayor and Common Clerk be authorized to execute an amending agreement in this respect. MOTION CARRIED. 17.3 TD Station Non -Disclosure Agreement Moved by Deputy Mayor McAlary, seconded by Councillor Hickey: RESOLVED that as recommended by the Committee of the Whole having met on May 25th, 2020 Common Council approve that City enter into a Confidentiality and Non - Disclosure Agreement with Global Spectrum LP in relation to the negotiation of a potential Lease of TD Station, and that the Mayor and Common Clerk be authorized to execute the said Agreement. 12 COMMON COUNCIL/ CONSEIL COMMUNAL May 25, 2020 / le 25 mai 2020 MOTION CARRIED. 18. Adjournment Moved by Councillor Hickey, seconded by Councillor MacKenzie: RESOLVED that the meeting of Common Council held on May 25, 2020 be adjourned. MOTION CARRIED. The Mayor declared the meeting adjourned at 9:53 p.m. 13 17 COUNCIL REPORT M&C No. 2020-142 Report Date June 02, 2020 Meeting Date June 08, 2020 Service Area Finance and Administrative Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Federation of Canadian Municipalities (FCM) Funding Programs applications OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Samir Yammine Kevin Fudge/lan Fagan John Collin RECOMMENDATION It is recommended that Common Council request staff to submit two applications to the Federation of Canadian Municipalities (FCM) under the Municipal Asset Management Program (MAMP) for the City of Saint John Asset Management Information System Strategy and Asset Management Monitoring and Reporting. EXECUTIVE SUMMARY The purpose of this report is to seek Council's approval to request staff to submit two applications to the Federation of Canadian Municipalities (FCM) under the Municipal Asset Management Program (MAMP) for the City of Saint John Asset Management Information System Strategy and Asset Management Monitoring and Reporting. PREVIOUS RESOLUTION NA REPORT Background FCM has recently launched the latest round of intakes for the anticipated Municipal Asset Management Program (MAMP). iF:3 -2 - The Municipal Asset Management Program (MAMP) is an eight-year, $110 -million program funded by Infrastructure Canada to support Canadian municipalities and communities in making informed infrastructure investment decisions based on stronger asset management practices. The program offers municipal grant funding as well as grants to partner organizations to provide training and capacity -building activities to increase skills within local governments to sustainably maintain their asset management programs now and in the future. Eligible activities for MAMP's second round of funding have stayed consistent, allowing municipalities to continue to advance their asset management practices or get started with program development. Examples of eligible activities include: • Asset Management Plans • Risk Assessment Strategies • Condition Assessments • Asset Management and Work Order Management software (municipalities can only use 50% of the grant amount for software) • Lifecycle Strategies • Levels of Service Framework MAMP funding covers 80% of total eligible project costs for municipalities with a population over 1,000 and 90% for a population under 1,000, to a maximum of $50,000 and projects must be completed within 12 months of being approved for funding Eligible costs include consultant fees as well as staff salaries working directly on the implementation of the proposed projects. Analysis Asset Management Information System (AMIS) Strategy The Asset Management Information System Strategy is the first step prior to acquire an Asset Management Software. The AMIS will enable the City to improve the methods used to collect, store, manage and maintain asset data and information as well as make capital and operation investments decision based on scientific data. The objective of the Asset Management Information System Strategy is to perform the following tasks: ➢ Establish an AMIS governance structure ➢ Finalize business and technical requirements ➢ Perform a market survey -3- ➢ Prepare business case for Council approval ➢ Develop and manage an RFP Asset Management Monitoring and Reporting The Asset Management Monitoring and Reporting is part of the City of Saint John Asset Management Roadmap. The objective of this stream is to guide the City staff to achieve the following ➢ Measure and monitor the effectiveness of the City Asset Management Program ➢ Communicate to the Public and Council over the levels of service decisions ➢ Define the levels of service the City delivers to its customers ➢ Develop Key Performance Indicators (KPI) to measure customer and technical asset performance ➢ Measure and report the performance and success in delivering services supported by well managed infrastructure The scope of work consists of the following tasks: ➢ Review the existing LOS and KPI ➢ Develop LOS framework ➢ Identify gaps and recommendations based on LOS framework ➢ Develop strategy/plan for developing KPI and measurements ➢ Develop KPI and LOS ➢ Create a protocol for regular monitoring and reporting on AM program implementation results (report card) to Council and Public ➢ Provide various presentations and workshops to Council, Senior Leadership Team, Staff and Finance Committee on the progress of the stream and ongoing consultation STRATEGIC ALIGNMENT The proposed funding applications are well aligned with the City of Saint John Asset Management Road Map, Policy, Strategy, the Council's Priorities 2016-2020, Plan SJ and the long-term financial sustainability of the City of Saint John. SERVICE AND FINANCIAL OUTCOMES The City of Saint John has an opportunity to leverage capital funding from the new FCM funding programs toward the City Asset Management Program. Funding of the Asset Management Monitoring and Reporting has already been allocated under an existing Purchase Order (PO). The remaining funding of the Asset Management Information System Strategy will be funded under the operating budget. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS K91 -4 - The following City departments were consulted during this process and preparation of the report: Finance & Administration Services, Saint John Water, Transportation and Environmental Services. ATTACHMENTS NA 21 COUNCIL REPORT M&C No. 2020-141 Report Date May 29, 2020 Meeting Date June 08, 2020 Service Area Corporate Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: STREET NAME CHANGE OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Yves Leger Stephanie Rackley -Roach John Collin RECOMMENDATION It is recommended that Common Council amend the list of Official Street Names and approve the following changes: 1. Rename "cour Sonya Court" to "rue Via Calabria Street". EXECUTIVE SUMMARY As part of a new development, a private street forming an extension to the existing Sonya Court was named Via Calabria Street. No residences or businesses are currently using a civic address on Sonya Court. As such, it is Staff's opinion that Sonya Court should be renamed to become part of Via Calabria Street in order to reduce confusion for emergency service responders. PREVIOUS RESOLUTION None. REPORT As part of a new development (see attachment), a private street forming an extension to the existing Sonya Court was named Via Calabria Street, as requested by the Developer. No residences or businesses are currently using a civic address on Sonya Court. As such, it is Staff's opinion that Sonya Court should be renamed to become part of Via Calabria Street so the entire length of the street has the same name, in order to reduce confusion for emergency service responders. WA -2 - STRATEGIC ALIGNMENT Ensuring street names meet NB 9-1-1 guidelines aligns directly with Council's "Vibrant, Safe City" priority. SERVICE AND FINANCIAL OUTCOMES The costs to the City of Saint John for this change are approximately $150 associated with replacing the street name sign at the intersection with Mountain View Drive and installing a new street name sign at the intersection with Colter Street. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Transportation and Environmental Services were consulted and will cover the costs from their operating budget. ATTACHMENTS Subdivision Plan Calabria Estates — Phase 1 W APPROVALS C: o Z3z M z 7367400 0 0 00 00 PO Ln N Registration Data Owner Name : 048367 N.B. Inc. PID : 00313429 Effective Date : 2012-06-26 Instrument : Transfer # 38548401 Reg. 2018-11-02 Owner Name : 048367 N.B. Inc. PID : 00426452 Effective Date : 2012-06-26 Instrument : Transfer # 38548401 Reg. 2018-11-02 Owners 048367 N.B. Inc. - John P. Rocca - President PID 00315838 Darling Real Estate Inc. Property 2�c 38� Doc. 35554246 / Reg. 2015-12-18 PID 00344325 Lot "B" see Plan File 52 No. 115 0•1r20 1. Directions are N. B. Grid azimuths derived from G.P.S. observations on N.B. Mon. 28160 (NAD83 CSRS HPN Values). 2. All distances are in metres; to convert to imperial equivalents divide by 0.3048. 3. Area of survey outlined thus O , peripheral information compiled from various sources. 4. All document and plan references refer to the Registry Office for Saint John County or the Land Titles District of New Brunswick. 5. Field survey completed on May 21, 2019. 6. All computations performed and coordinates shown on this plan are based on New Brunswick Stereographic Double Projection and the NAD83(CSRS) Reference System as realized by Service New Brunswick High Precision Network coordinate survey monuments. 7. Via Calabria is a private street that is not owned by The City of Saint John. Via Calabria Street, shown thus: - 8. Drainage facilities serving the development are private and not owned or maintained by The City of Saint John. k lT� Are M Key Plan Scale 1:15,000 Purpose Of Plan To create Lot 19-01, a Lot for Future Subdivision and Development and to show Right of Ways. New Brunswick Grid Co -Ordinate Values O 807 /Sta. X Y Rmks. / 94. 7 320 O 38' 7 2 538 857.403 7 367 340.948 FD. SQUIB. 00" 93• 1201 8 2 538 871.387 7 367 340.068 FD. S.M. Q).Co 79.19 ■ten 36, 433 66 2 539 009.937 7 367 166.058 FD. S.M. �0 14.01 44.51 00 321 68 2 538 974.004 7 367 251.477 FD. S.M. � 53.71 �� / Q 35.28 226 2 538 720.865 7 367 276.048 FD. S.M. 184° 15' 30" 320 2 538 753.767 7 367 351.682 FD. S.M. 321 2 538 744.284 7 367 329.883 FD. S.M. 376 2 539 003.560 7 367 206.227 PLAN 31631337 J 377 2 539 007.139 7 367 183.685 FD. S.M. (Z'Future Subdivision 402 2 538 989.889 7 367 167.769 FD. S.M. CO ,o M 414 2 538 798.553 7 367 182.687 PLAN 31631337 and Development 1202 PID 00471839 422 2 538 983.707 7 367 119.479 FD. 1. S. 1 .76 ha � 429 2 539 -P Lot 72-3 430 2 539 000.496 7 367 1 7 367 162.1670 PLAN 31631337 S1Q3B37 3.00 14.00 00 Cn see plan D7 No. 70 431 2 538 743.224 7 367 266.321 PLAN 31631337 433 2 538 969.412 7 367 333.903 FD. S.M. C4\ ` o 436 2 538 959.499 7 367 170.223 PLAN 31631337 Crov 445 2 538 861.090 7 367 215.047 PLAN 31631337 e 0 448 2 538 888.497 7 367 211.457 PLAN 31631337 J 449 2 538 895.465 7 367 212.508 PLAN 31631337 97° 44'00„ 450 2 538 906.934 7 367 218.790 PLAN 31631337 OD 455 2 538 853.112 7 367 196.707 PLAN 31631337 00 68 23.o8 456 2 538 891.482 7 367 191.681 PLAN 31631337 Sod 30, 497° 457 2 538 898.450 7 367 192.732 PLAN 31631337 " 459 2 538 911.262 7 367 190.115 PLAN 31631337 �' Lot 19 - 01 44 o0 1204 \ \4 �o ' �� 38 00 0 6.67 460 2 538 930.611 7 367 189.758 PLAN 31631337 CO 922 ^MO o �� 1.49 ha 1 76° 35' 1 0"� 469 2 538 940.233 7 367 206.740 PLAN 31631337 _ D I 472 2 538 996.870 7 367 248.372 PLAN 31631337 O I I r M O 29 ° i2 S4 ° 25' 20" 1203 L J 0 1206 495 2 538 812.364 7 367 214.434 PLAN 31631337 496 N 3 3 81 x 0 33.7g 13.60 496 2 538 786.598 7 367 225.642 PLAN 31631337 Q• ,0' 7.05 450 0 d ExistingMunicipal „ 28 / V 4 �� °' p 277° 0 185° 23 50 807 2 538 778.471 7 367 347.345 CALC. PT. PID 55217996 293° 10 ° C 0 445 449 /�° <�� Services Easement N �44 00" �� Part Lot 69A 3 S b °/46 ' /� o 429 1205 825 2 538 881.035 7 367 260.897 C.C. \ see Plan 31631337 see Plan 31631337 0 4 rq • 448 / o Q rn 0 826 2 538 921.238 7 367 206.285 C.C. �0"• d��is/oh Street • �/ ��G-------- --�� 376 827 2 538 892.630 7 367 231.296 C.C. ��• 44 °nd see / FL��' �Q m 828 2 538 901.285 7 367 173.945 C.C. 7367200 \..� \ 495 3 30, leve/op dote is a G°rano°� Q - - - - - - - - r0 0 7367200 922 2 538 794.576 7 367 243.982 PLAN 31631337 40 �e \ \ �N rn Q r+ 1201 2 538 915.804 7 367 337.275 S.S.M. \. see Plan 31631337 nt fonds and Lora \ N iO 00 0 1202 2 538 913.183 7 367 302.084 S.S.M. \ LO / PID 552181 19 455 456 O • / \ \ N 377 m OD� N� 1203 2 538 917.491 7 367 224.912 S.S.M. �/ \ \ m Z 1204 2 539 034.524 7 367 243.259 CALC. PT. Land For Public Purposes 7.05 457 30 `3A \ \ • ° o 1205 2 539 033.642 7 367 223.065 CALC. PT. 459 St 8j -0 P� �.. , ' 460 0 \ \ _N. \ 414 25 20 \ \ o � 1206 2 539 034.921 7 367 236.602 CALC. PT. 00,, 00 3910 2 538 334.491 7 367 707.802 N.B. MON. (OBS.) -F- \. ��OM" 30.49 : \ U' 66 28160 2 535 354.190 7 363 188.696 N.B. MON. / / 2 74° 3 O 430 r � v N UO 7 4 436 402 PID 00313395 ■ - � o Co 20.2 Lot 10, o 1ti 00 +, "`'' Q 274°52'40" Block „B„ \. o f 00 J U Q o I see plan F38 No. 54 Q o Q z m 20.12 �N a O �� ,> L EG EN D0 422 _ o Q ROUND IRON BAR FOUND / \ �• • 01 SQUARE IRON BAR FOUND ■ ------ IRON PIPE FOUND Q l STANDARD SURVEY MARKER FOUND _ I STANDARD SURVEY MARKER PLACED �O WOODEN POST PLACED ® I I I I \ CALCULATED POINT (D TABULATED POINT Curve Arc TRAVERSE CONTROL POINT 0 Chord Azimuth N.B. GRID CO-ORDINATE MONUMENT 448 - 445 28.00 HYDRO POLE / UTILITY WIRE 0/6-1 277° 27' 50" FOUNDATION Fd n. 13.35 STREET R.O.W. 13.08 241* 17' 20" NEW PROPERTY LINE 456 - 455 39.21 UTILITY EASEMENT - 277 °27' 50" ADJACENT PROPERTY LINE 459 - 457 13.35 CENTRELINE - 281 ° 32' 40" FENCE -X X X - 20.31 STRUCTURE 19.35 0 OF WAY TO TURE 1203 - 450 0 ao SUUBDIVOSIONGHT AND DEVELOPMENT LANDS �_Z7Z J 00 AND LANDS FOR PUBLIC PURPOSES Pq U) N Curve Data Curve Arc Radius Chord Chord Azimuth C.C. 448 - 445 28.00 50.00 27.64 277° 27' 50" 825 450 - 449 13.35 19.00 13.08 241* 17' 20" 827 456 - 455 39.21 70.00 38.70 277 °27' 50" 825 459 - 457 13.35 19.00 13.08 281 ° 32' 40" 828 460 - 459 20.31 19.00 19.35 271 °03' 30" 826 1203 - 450 1 12.42 119.00 1 12.20 1 239° 53' 20" 1826 24 0 0 0 rn ro LO N s No. 213373 G / Scale Factor Applied 1.000030 Subdivision Plan Calabria Estates - Phase Mountain View Drive, City of Saint John, Saint John County, New Brunswick Certified Correct HUGHES SURVEYS 8c CONSULTANTS INC. Surveyed by August 8, 2019 Marc J. Cormier Date New Brunswick Land Surveyor # 395 20 0 20 40 60 80 1 : 1000 meters Dwg. No. Disk No. Topos Disk No. S18255 2018 H18255 2018 Dwn. by Job No. Rev. No. Map Ref. B.E.S. Y18-255 G/08-T4B,NE COUNCIL REPORT M&C No. 2020-149 Report Date June 03, 2020 Meeting Date June 08, 2020 Service Area Corporate Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Real Property Attribute Information Distribution Agreement OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Yves Leger Stephanie Rackley -Roach John Collin RECOMMENDATION RESOLVED That the City enter into a three (3) months (June 1, 2020 to August 31, 2020) Real Property Attribute Information Distribution Agreement with Service New Brunswick for the right to use property attribute information as described therein in the form attached to M&C No. 2020-149; and that the Mayor and Common Clerk be authorized to execute the necessary contract documents. BE IT FURTHER RESOLVED that the City enter into a subsequent Real Property Attribute Information Distribution Agreement with Service New Brunswick under the same form, terms and conditions for an additional three (3) months (September 1, 2020 to November 30, 2020) if said Agreement is received by the City on or before August 31, 2020; and that the Mayor and Common Clerk be authorized to execute the necessary contract documents. EXECUTIVE SUMMARY The purpose of this report is to seek Council's approval to enter into an interim agreement with Service New Brunswick in order to keep receiving monthly property information updates until August 31, 2020. PREVIOUS RESOLUTION None. OR -2 - REPORT The City and Service New Brunswick had a data exchange agreement in place in which the City provided SNB with civic addressing data in return for monthly property information updates. This agreement had been in place for a number of years and although it had expired a few years ago, the data exchange continued until January of this year. At that time, Service New Brunswick initiated discussions to put a new agreement in place. While a new long-term agreement has yet to be finalized, because property information is crucial to many City operations, Staff requested that monthly property information updates continue in the interim. As such, SNB had proposed an interim agreement providing updates until the end of May, which Council approved April 20, 2020. However, because the finalized agreement is still not ready, another interim agreement (attached) prepared by Service New Brunswick, will provide the City with updated property information until August 31, 2020. STRATEGIC ALIGNMENT Given up -to date property information is crucial for many City operations, signing this interim agreement aligns with Council's Priority for Growth & Prosperity and Valued Service Delivery. SERVICE AND FINANCIAL OUTCOMES There is no cost associated with signing this interim agreement. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The City's Legal Department has reviewed the agreement, which appears to be a standard form used by Service New Brunswick, and have no concerns. ATTACHMENTS Real Property Attribute Information Distribution Agreement 41.1 w � ' Real Property Attribute Information Distribution Agreement 1. General 1.1 The user of the property attribute information is: Name: The City of Saint John Address: P. O. Box 1971, Saint John, NB, E2L 41_1 1.2 SNB will deliver to the user for no fee the real property attribute information as described below: Deliverables: Real property attribute information for active/inactive PIDs (.csv) Digital property mapping for active PIDs (.shp) or (.dxf) Property assessment attribute information for current PANs (.dbf) or (.txt) Extent: PLANET data: City of Saint John Graphics: Kings County Delivery: Secure (internal) e-mail service Frequency: Monthly Term: June 1. 2020 to Auaust 31. 2020 (3 month 1.3 Description of the use of the property attribute information: The data is used in a many aspects of rn uirniciipal Ibusiness, frorn bruiiilding pen niJt applUicatlains to planning, by-law enforcement, irnu nicipall services billing, f'oree prevention, police investigations, arnic�l others. The data is only access�iiible to, Coity staff and coirrsultarnts hired by the City., we also proOdle pUib is access to data that Is, pw.lokly avaHa le, elsewlliere and does not pane any pr'lvacy caince°inrs (e.&. RID, PAN, Assessed valllue) through our Open Data site. AXI 2 2. Ownership 2.1 SERVICE NEW BRUNSWICK will retain sole ownership rights to the property attribute information. 2.2 The User shall have an unlimited, but not exclusive, right to use the property attribute information, and in the case of a corporation, this right shall not extend to affiliates of the User as defined in the Business Corporations Act., R.S.N.B. 1973 Chapter B91. 2.3 The User shall have an unlimited, but not exclusive, right to create value added products from the property attribute information. 2.4 Except for publishing PID, PAN and assessed value attributes through the Open Data website as identified in subsection 1.3, the User may not give, loan, lease, sell or otherwise make the property attribute information available to any other party in its original form without negotiating a licensing agreement with SERVICE NEW BRUNSWICK 2.5 Except for publishing PID, PAN and assessed value attributes through the Open Data website as identified in subsection 1.3, the User may not give, loan, lease, sell or otherwise make the property attribute information available as part of a value-added product without negotiating a licensing agreement with SERVICE NEW BRUNSWICK 2.6 The User shall not use the property attribute information for purposes other than those stated in sub section 1.3 without first having obtained the written approval of SERVICE NEW BRUNSWICK. 3. Limited Warranty 3.1 The property attribute information is licensed as is, if the media is defective the User may return it within 30 days of the date of delivery and SERVICE NEW BRUNSWICK shall replace it at no charge. 3.2 While the property attribution information may not be free from error or omission, care has been taken to ensure the best possible quality. 3.3 SERVICE NEW BRUNSWICK shall not be liable for any loss or damage of any kind including personal injury or death arising from the use of the property attribution information or accompanying written materials or from errors, deficiencies or faults therein, whether such damage is caused by negligence or otherwise. 4. Assignment 4.1 This agreement or any portion thereof shall not be assigned by the User without the prior written consent of SERVICE NEW BRUNSWICK 4.2 If the User undergoes a change in either ownership or organization, this agreement will become null and void. 5. Entire Agreement 5.1 This Agreement is the entire agreement between the parties and supersedes all previous agreements, arrangements, or understandings between the Parties hereto whether written or oral, in connection with or incidental to the property attribution information. 6. Time is of the essence 6.1 Time shall be of the essence of this Agreement 4.11 3 7. Interpretation 7.1 It is hereby agreed that where the context requires, words in the singular include the plural, and words in the plural include the singular and words imparting the masculine gender include the feminine and neuter genders. 8. Law of the Contract 8.1 This Agreement shall be governed by and construed in accordance with the laws of the Province of New Brunswick and the laws of Canada applicable in the Province of New Brunswick. The above conditions are agreed to: Signature Date Jonathan Taylor Common Clerk City of Saint John Signature Date Don Darling Mayor City of Saint John We%7 °1 Illllllh Illllllh p lllllllh °°p pu° �I 1111111.°1161111 I�u° CIC'101,,,11 li,,11 ITT E, IIIIIII. , May 22, 2020 hyo", The City of Saint john His Worship Mayor Don Darling and Members of Common Council Your Worship and Councillors: SUBJECT: Money in -lieu of Land for Public Purposes 4315 Loch Lomond Road The Planning Advisory Committee (Committee) considered the attached report at its May 20, 2020 virtual meeting. The applicant, Philip Beckwith of 648669 NB Inc., appeared before the Committee in agreement with the staff report and recommendation. He also provided a brief explanation in support of the application. No one else spoke on this matter, and no correspondence was received from the public about this application. After considering the matter, as recommended by staff, the Committee resolved to recommend to Common Council the acceptance of a money in -lieu of Land for Public Purposes dedication. RECOMMENDATION: That Common Council accept a money in -lieu of Land for Public Purposes dedication for the proposed 648669 NB Inc. Subdivision at 4315 Loch Lomond Road. Respectfully submitted, Alexa dr a vveaver Cra-wflord Chair Page 1 of 1 30 The City of Sint John Date: May 15, 2020 To: Planning Advisory Committee From: Growth & Community Planning Growth & Community Development Services Meeting: May 20, 2020 SUBJECT Applicant: 648669 NB Inc. (Philip Beckwith) Landowner: 648669 NB Inc. Location: 4315 Loch Lomond Road PID: 00351296 Plan Designation: Rural Settlement Zoning: Rural Settlement Residential (RS) Application Type: Subdivision Jurisdiction: The Community Planning Act authorizes the Planning Advisory Committee to advise Common Council concerning the acceptance of money in -lieu of Land for Public Purposes dedications. EXECUTIVE SUMMARY The property owner is proposing to subdivide the property at 4315 Loch Lomond Road into two residential lots. The acceptance of a money in -lieu of Land for Public Purposes dedication is recommended. Page 1 of 4 31 648669 NB Inc. 4315 Loch Lomond Road May 15, 2020 RECOMMENDATION That Common Council accept a money in -lieu of Land for Public Purposes dedication for the proposed 648669 NB Inc. Subdivision at 4315 Loch Lomond Road. ANALYSIS Proposal The property owner is proposing to subdivide the property at 4315 Loch Lomond Road into two residential lots (Submission 1). There is an existing dwelling on each of these proposed lots served by on-site servicing. However, the dwelling on proposed Lot 20-02 will require the installation of a new well acceptable to the Province of New Brunswick. Site and Neighbourhood The property is in the Treadwell Lake area in East Saint John. There are two dwellings on the property. A long -existing rural residential subdivision is located to the north and west of the property. The Saint John Airport is to the south and the St. Joseph's Catholic Church and Hope Centre (community centre) is to the northeast at 4349 Loch Lomond Road. The general area is bounded by the Treadwell Lake to the west, the Loch Lomond Lake to the north, and the Robertson Lake (Reservoir) to the east. Municipal Plan The Municipal Development Plan (Municipal Plan) has designated the property as Rural Settlement. The Treadwell Lake area is one of only three areas outside of the Primary Development Area (PDA) where new rural residential subdivision development is encouraged'. Plan Policies LU -101 & LU -102 support new residential subdivision development that is consistent with the surrounding neighbourhood and involve lot sizes less than four hectares (Attachment 2). In comparison, the Municipal Plan discourages the creation of new residential lots outside the PDA that are less than four hectares, except for up to two new lots in an existing Rural Residential designation. Land for Public Purposes The Subdivision By-law requires ten percent of the area of a proposed subdivision to be vested to the City as Land for Public Purposes (LPP). Such land dedications must be assented to by Common Council (Council). However, at the discretion of Council, a money in -lieu of LPP dedication may be accepted. The Subdivision By-law encourages the assent of proposed LPP dedications that involve a pedestrian walkway between streets or land required to support the City's Trails and Bikeways Strategic Plan. ' The other two Rural Settlement areas are in the Marti non-Ketepec and Lorneville areas. Page 2 of 4 32 648669 NB Inc. 4315 Loch Lomond Road May 15, 2020 Otherwise, the Subdivision By-law encourages the acceptance of money in -lieu of LPP dedications for subdivisions that do not offer these benefits. This approach is supported by The City of Saint John Parks and Recreation Strategic Plan (PlaySJ) and the Parks and Recreation service area. Since the proposed subdivision does not meet the land dedication requirements of the Subdivision By-law, staff is recommending the acceptance of a money in -lieu of LPP dedication. The Community Planning Act (Act) requires that money in -lieu of LPP dedications represent eight percent of the market value of the unimproved land at the time of subdivision. In the case where both lots have already been developed, this amount will be determined based on the estimated unimproved land value of the proposed new lot (Lot 20-02). The Act also requires that money in -lieu dedications be deposited into a special account and that Common Council expend the money for "acquiring or developing land for public purposes2 and for no other purpose." Zoning and Development Officer Variances The subject property is zoned Rural Settlement Residential (RS). The proposed subdivision requires the consideration of the following variances from the Zoning By-law: (1) A reduction to the minimum lot area requirement of 5,350 square metres to approximately 1,412 square metres and approximately 1,865 square metres for proposed Lots 20-01 & 20-02, respectively; (2) A reduction to the minimum lot frontage requirement of 60 metres to approximately 28 metres and approximately 38 metres for proposed Lots 20-01 & 20-02, respectively; and (3) A reduction to the minimum side yard requirement of 4.5 metres to approximately 4 metres for the existing dwelling on proposed Lot 20-02. The Development Officer will process the above variances based upon the context of the neighbourhood, as supported by Plan Policies LU -101 & LU -102. Conclusion The Subdivision By-law encourages the acceptance of a money in -lieu of LPP dedication for the proposed subdivision, which is being recommended by staff. ALTERNATIVES AND OTHER CONSIDERATIONS No other alternatives were considered. z Land for public purposes means land, other than streets, for the recreational or other use or enjoyment of the general public (Community Planning Act, 2018). Page 3 of 4 33 648669 NB Inc. 4315 Loch Lomond Road May 15, 2020 ENGAGEMENT Public 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 May 8, 2020. APPROVALS AND CONTACT Author Manager I Commissioner Mark O'Hearn, CPT Ken Melanson , BA, MCIP, RPP I Jacqueline Hamilton, MCIP, RPP Contact: Mark O'Hearn Telephone: (506) 649-6075 Email: Mark. OHearn@saintjohn.ca Application: 20-0019 APPENDIX Map 1: Site Location Map 2: Future Land Use Map 3: Zoning Map 4: Aerial Photography Attachment 1: Site Photography Attachment 2: Municipal Plan Policies LU -101 & LU -102 Submission 1: Tentative Subdivision Plan Page 4 of 4 34 The City of \`; p 1 �- Site Location 35 Date- April 21, 2020 648669 NB Inc. (Philip Beckwith) - 4315 Loch Lomond Road 0 50m »� \\\\\\\\\�� / \ \ \\\/� \ /�/ \ \\\� y »� ..\� \� /\\\� The City of Saint John �Map 2 - �Future Land Use 6 Date- April 21, 2020 0 50 m 648669 NB Ilinc., (Rhilip Beckwith)- 4315 Loch Lomond Oad L -------------------- j y _ 41q� ROsjtl±�(pV�,¢y r� U� (GFN) Neighbourhood Community Facility (RF') Environmental Protection (RS) Rural Settlement Residential (T) Transportation Section 59 Conditions �Map 3 - Zoning The City of Saint John r �� 37 ®ata: April 21, 2020,_ 648669 NB IIinc, (PIhIiIllilp Beckwith)- 4315 Lech Lomond RoadWV 1' i 'y' 90 �v �. h 7 r F/I °r �i1 1 v 1 75 �� 116 � 01% ilk r OF 04, y. f� 69 r „ ds «i n✓ R� a/�i 50 lGi�kr,.. ��✓ 'v,49 fu ! 4 i 29 h4 'r CSC � 1 °lo 19 � jf- 44 29 40, , e �i A y f_.� �r " 29d d 19 142£39, 15 42£34 As 0 1431, rjays r i r 0 ids 4340 r , alaWIT'l-,,, Ir„,„,'+Ol.'Nd 111�m111fflmj , r("IPfWY,'ML;IIMIr SIFr"WRIA,"6 The City of Saint John r �� Date- : April 21, 2020 „"' y28ND ��' Flo TI N , 270 1 x �Map 4 - Aerial Photograph Y 648669 N IIinc, (I�IhIiIllilp Beckwith)- 4315 Lech Lomond Road 4340 r , alaWIT'l-,,, Ir„,„,'+Ol.'Nd 111�m111fflmj , r("IPfWY,'ML;IIMIr SIFr"WRIA,"6 The City of Saint John r �� Date- : April 21, 2020 „"' Attachment 1 �® The City of Saint John r �® ®ata: May 5, 2020 r'I ,. 648669 NB Ilinc,, (PlhIilllip ecIk litlh) 4315 Loch Lomond A Attachment 2: Municipal Plan Policies — 4315 Loch Lomond Road Policy Policy LU -101 Create the Rural Settlement Area designation on the Future Land Use map (Schedule B). Council intends that lands within the Rural Settlement Area designation are to be developed in a way that is consistent with the character and form of the existing community. The development of low-density housing with private on-site water and wastewater systems is permitted, as are appropriate commercial uses, community facilities, home occupations and parks. Policy LU -102 Permit the creation of new lots that have a minimum lot area of less than four (4) hectares (40,000 square metres) subject to compliance with the provisions in the Zoning By-law. Staff Comment The property is designated Rural Settlement. The area of proposed Lot 20-01 is only 6.43 percent less than the median area of the twenty-three residential properties abutting Treadwell Drive and the area of proposed Lot 20-02 exceeds this median by 23.59 percent. Proposed Lots 20-01 & 20-02 exceed the lot frontage median of the properties at 4283 to 4291 Loch Lomond Road by 89.83 percent and 157.63 percent, respectively. The Zoning By-law requires a minimum side yard of 4.5 metres. The existing dwelling on proposed Lot 20-01 would have an approximate side yard of 10 metres, but the dwelling on proposed Lot 20-02 would have an approximate side yard of 4 metres. There are other properties in the area with a similar side yard, especially in the older portion of the adjoining rural subdivision. It must also be mentioned that according to a registered subdivision plan (James F. Russell Estate Subdivision, Hughes Surveys & Consultants Ltd., February 9, 1983), a common lot boundary had previously existed at this location separating these two dwellings. WIN ©br,,.I �� rr r "�r��/j/�/ »; "� m Mjo 4/� 1 / irr M✓ 9 r� v i%ZIM Oi'h1 rM 71�l"Y r fl, ,r /r✓ ryi yr,�dxy" yl,°."r_ Y �ryti,�ru» , �^W,' j„ ar!/�//iris //r I t a 1 "fir ri/ 9% /fir lilarl"/�� 1� /n, d fr/ ry v bIrN�iyr/D ' 7 "r;�; v0Y4b �4/,�i%/r Xr 1 ,r y a 1 y f r ri 0 r1 d RT c l 'W ✓, / u pui ✓ "ir., Y'+a � r 1 �i�/ ,,, "�/' ,% aIW : l�Jr%" �'✓a r "Mu;�.. 1x9, ^",,, 1. 02„ r, / lnl x / ;"; , lye T 1, ;i> qu e me eke,, ,,/ ' , /irrJ � r ��r r r tress' �� '%,�d ,. � ,,; J y� „u`M� .,,� "" !+"r,; � %,f �.i r I i 1 „ ,/Frr M �� , �, � dr/ „ ;, �haG 9 ✓' r �"! / � �� / i/ 04, "urs% a ISS LOj r nl/ f udri o '` „ G � t�N �Hb/li' „ s ,,,r X412 4q es n id metr a rrr 'aa„ Wn*F 6 �rl;^�im- acrd 62 � `i ,,.,.," ,• '!/lr/ ;r �N � �,�'..N'�w! a✓., �r/N "l"��,i / "� , �;:';'W mfr �t.�ei ,N rr' a / r/ r r Ai+ rr fir 6 r,✓� ni/' 1 le r' r� Ui ,i / x� ali f u' P lip ,/ 431 /W�7 a / r;Y%%% +,,,, I ^'�"��.,,,"„ ,�ua�ltl �� r/i`'r "�%/F^va✓,r7" �� ,r ��Y�w✓ �',r a,�� ami.. M,y R , VIP", �/ "/. � f, r r/ SI � � � (/ .,4pr � d�3�r �4✓u �. � � ,a„e: r Illllllllllllllllllff(r, i r ;ai' W,r r �I /fyfyx r rex r' r llo":. .n �G �,” w,, ,..., ,,," n ,° ;° r,lr ��,; I. ��,.., ,r dY y,,, r ,r. x� 1 r,.". ,,., rr: ,1" ', ,. yl i r '.. 'W°a✓/ 2 /%0111N, Based on the February 2, 2020 application submitted by 648669 NB Inc. (ftilip Beckwith). All dimensions are approximate. COUNCIL REPORT M&C No. 2020-143 Report Date June 02, 2020 Meeting Date June 08, 2020 Service Area Finance and Administrative Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Licence Agreement for Temporary Use Occupancy at Corner of Princess and Canterbury Streets OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Curtis Langille Kevin Fudge/lan Fagan John Collin RECOMMENDATION 1. That the City enter into a Licence agreement with Village View Suites, or an affiliated company hereby called the "Operator" for $1.00 to grant its agents, employees, partners and contractors access to and use a portion of the City owned property, identified as PID No. 8979, identified as Schedule "A" (attached) for the storage and laydown area of materials and equipment and further removal of same, subject to the following terms and conditions: a. the Licence shall commence on June 29, 2020 and conclude at 11:59 pm (local time) on September 15, 2020; b. that the Operator shall, at no expense to the Licensor, obtain and maintain in full force and effect during the entire term of this Licence, a Commercial General Liability Insurance policy with policy limits of not less than five million dollars ($5,000,000.00) inclusive per occurrence for bodily injury and property damage; which policy shall name the City as an additional insured and shall contain a cross -liability clause; c. proof of insurance stated in (b) above is due on or before close of business June 26, 2020; d. all damages, cost, claims, demands, actions, suits or other proceedings by whomsoever claimed, made, brought or prosecuted in any manner and whether in respect of property owned by others or in the Licensee -2 - does hereby indemnify and save harmless the Licensor from respect of damage sustained by others based upon or arising out of or in connection with the use of the Licensed Area; e. the Operator is responsible for security of the area and their property; f. that the Operator has made satisfactory arrangements with the Saint John Parking Commission for the temporary relocation of the necessary parking spaces for the users of the parking lot for the length of time as noted above in (a); g. the Operator is responsible to have the site thoroughly cleaned to the satisfaction of the City of Saint John representatives when the temporary use has concluded; and h. that the Operator or its representatives be authorized to make application for any permit that is required in conjunction with the temporary use/occupancy. 2. That the Mayor and Common Clerk be authorized to execute the License Agreement. EXECUTIVE SUMMARY The new owner of the former Saint John Parking Garage, located at the intersection of Canterbury and Grannan Streets is in the process of constructing multiple floors to the garage structure as part of a redevelopment plan for this site. The owner is in need of a temporary laydown/storage area for a short period of time to support the re -development of the former parking garage. The proponent has requested to use a portion of the City's owned property for this use, located at the corner of Princess and Canterbury Streets. Approximately one half of the lot is proposed for the laydown/storage area, while the remaining portion of the site will continue to be used for commercial parking. The proposed use of this site would commence on June 29th and end September 15th of this year. This site is managed by the Saint John Parking Commission (SJPC) for a commercial parking lot and arrangements have been made to relocate its parking tenants during this period of time. The terms and conditions contained in the recommendation of this report will be included in a License agreement that will provide Village View Suites and their agents the access they requested and also protect the City against any unforeseen circumstances. PREVIOUS RESOLUTION N/A STRATEGIC ALIGNMENT !i93 -3 - Providing for entrepreneur opportunities in the City's Uptown Core aid in creating a livable community that is vibrant and diverse, while providing an integrated approach to economic development. REPORT Further to the comments contained in the Executive Summary. The proponent has approached the City to use a portion of the City owned parking lot to facilitate a temporary laydown area of construction materials, along with a sea -can to be on site to house equipment. The estimated cost to the construction project underway at the former SJPC garage is approximately six (6) million dollars. This is a substantial investment by the owners and will further enhance the vitality and economic base to the City's Uptown core. The terms and conditions as set out in the recommendation contained in this report will facilitate the request for a temporary use and will also protect the interests of the City of Saint John. SERVICE AND FINANCIAL OUTCOMES The Saint John Parking Commission is supportive of this proposal and will coordinate the temporary re -location of the parking tenants to nearby parking areas. There are no financial costs to the City associated with this project, while the economic benefits and increased vibrancy while providing additional residential units and commercial base to the City is significant. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Saint John Parking Commission and Develop Saint John are supportive of this proposal and their input has been provided into this report where applicable. ATTACHMENT Location Map !El! Temporary Use of City Lot: Corner of Princess and Canterbury Streets Printed: 06/01/20 15:52:19 PM 45 COUNCIL REPORT M&C No. 2020-87 Report Date June 01, 2020 Meeting Date June 08, 2020 Service Area Corporate Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Microsoft Business and Services Agreement — Contract Renewal OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Sarah Ranson Stephanie Rackley -Roach John Collin RECOMMENDATION The City Manager recommends that: 1. The City enter into a three (3) year term Enterprise Enrollment Agreement with Microsoft Corporation for Volume Licensing Renewal of Microsoft's software as outlined in the forms attached to M&C 2020-87. 2. That the Mayor and Common Clerk be authorized to execute the necessary documents from Microsoft (attached). EXECUTIVE SUMMARY The City's agreement with Microsoft expired on April 1, 2020. The attached contract renews the agreement for another three years and prepares the City to move to Office 365. This enables the City to avoid upgrade costs for several software tools and implement operational efficiencies. PREVIOUS RESOLUTION May 15, 2017:5:12: RESOLVED that as recommended by the City Manager in the submitted report M&C 2017-129: Microsoft Business and Services Agreement, the City enter into a three (3) year term Enterprise Enrollment Agreement with Microsoft Corporation for Volume Licensing renewal of Microsoft's Software as outlined in the form attached to M&C 2017-129. REPORT In 2017, the City entered into a three (3) year Business and Services Agreement with Microsoft for Microsoft Office tools and systems. This agreement expired on April 1, 2020. The City and our Commissions use a number of Microsoft software products. These include the: • Operating Systems (OS) for 700+ desktop computers, laptops, and tablets; • Microsoft Office Suite (e.g., Word, Excel, PowerPoint, OneNote); • Operating Systems for 200+ servers; and • Application software for servers (e.g., Exchange (email), SharePoint (Intranet), SQL (databases)). The software listed above is used by 1,000+ employees. More importantly, this software powers and enables City communication systems (i.e., saintjohn. ca, email), financial systems, protective services (i.e., 911 dispatch, Police records, Fire Resource Management), road maintenance tracking, Saint John Water utility infrastructure monitoring and design, property planning, and Council agendas for the citizens of Saint John. It is important that these enabling technologies remain secure, up to date, and operating. In order to continue to use and benefit from Microsoft software, the City is required to execute a new Business and Services Agreement with Microsoft. The Information Technology (IT) team has undertaken a review and audit of the City's Microsoft licensing requirements. This review considered current requirements, strategic priority changes for the City over the next three years, recent changes in the options for the delivery of IT service (i.e., Cloud computing, new cybersecurity tools), and changes to Microsoft's licensing rules. Strategically speaking, this is a critical year for determining the Microsoft contract. The City faces the challenges of rising Microsoft costs, equipment that is end of life, business needs for more diverse and flexible technology solutions for communications, and more effective methods to virtually collaborate and complete projects. The move to Cloud computing is not a question of "if" as it is "when." Determining at what point to invest in new solutions and change the status quo is critical. By starting our move before on -premise solutions are obsolete, we create space for a smooth transition and start saving operating costs associated with on -premise tools more quickly. Benefits that continue with the new contract are software assurance guarantees such as security patching and technical support. The basic package of Microsoft Office incudes four programs; a notes documentation system called OneNote, Microsoft Word processing program, Microsoft PowerPoint for presentations, and Microsoft Excel for financial documents and analytics. All users who need access to SharePoint have it, as it is our main communications platform. It also -3 - supports file shares (i.e., personal drives or service area drives) to access documents for operational purposes. The new contract allows for operational efficiencies and enhancements. For example, Microsoft's Advanced Threat Protection Plan works with our current security tools to offer policy configuration, virus protection, and malicious activity detection capabilities in email to ensure attachments, links, and files are not malicious. This security tool includes protection for SharePoint and Teams by checking documents and links shared among team members. The City also receives anti-phishing protection, which mitigates a cyberattacker's ability to spoof a City email address. Lastly, we have real-time detection of viruses. This security package can replace our current spam filter, which saves $5,000.00 annually. Another efficiency is that the new contract has diverse licensing options so that cost per user is right -sized to user requirements. Further, the new contract makes possible the ability for users with desktop licenses to work in Office programs from anywhere, which reduces our reliance on the virtual private network (VPN). Although a VPN connection is still required for remote access to the network, Microsoft Office tools and email will be available for users remotely without the VPN connection. Our current SharePoint and Exchange programs require upgrades for functionality, but more importantly security. By moving these programs to the Cloud now for City users, we save approximately $35,000 in upgrade costs. Further, the newer version of SharePoint is more user-friendly and collaborative, allowing for additional collaboration tools such as Yammer. More savings can be gained as we move additional users to the Cloud solution. Finally, rather than relying on WebEx for video conferencing, the new Microsoft contract provides the City the use of Microsoft Teams. This results in annual savings of up to $16,000.00. STRATEGIC ALIGNMENT One of City Council's priorities is to advance a culture of continuous improvement to drive operational efficiencies. The new Microsoft contract achieves this by saving costs on upgrades to key technology systems, reducing operating costs by adapting to new technology sooner, and by right -sizing technology to our users' needs rather than purchasing the same tools for everyone. SERVICE AND FINANCIAL OUTCOMES The new contract costs $238,490.16 annually, which is an annual increase of $34,779.94 over the previous contract. Costs include licensing for all Windows servers and databases in addition to all City and our Commissions users. By !E:3 -4 - leveraging opportunities with a Cloud -focused solution, the City realizes approximately $55,627.36 in cost avoidance. Funds are allocated in the approved operating budget to cover the costs of Microsoft licensing. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The City Solicitor's service area has reviewed this agreement. The Materials Management service area is supportive of proceeding, and acknowledges Microsoft software is a sole source. ATTACHMENTS 1. Program Signature Form 2. Enterprise Enrolment 3. Enterprise Purchase Agreement 4. Previous Enrolment Form 5. Commodity Tax Terms & Conditions 6. Qualitying Governement Entity Addendum 7. Customer Price Sheet 8. Product Selection Form ttU 11 �0 AAicrosoft �I�IU Program Signature Form For use with agreements associated with a Purchase Agreement MBA/MBSA number U8753202 Agreement number 75E61130 Wurne I Licensing Note: Enter the applicable active numbers associated with the documents below. Microsoft requires the associated active number be indicated here, or listed below as new. For the purposes of this form, "Customer" can mean the signing entity, Enrolled Affiliate, Government Partner, Institution, or other party entering into a volume licensing program agreement. This signature form sets out the documents entered into under this signature form and together along with the terms and conditions contained therein are part of the contract(s) identified above. This program signature form and all attachments identified are entered into between the Customer and the relevant Microsoft Affiliates signing, as of the effective date identified below. Microsoft Licensing Contracts Licensing Documents <Choose Agreement> Number.. - Document Number or Code <Choose Agreement> Document Number or Code <Choose Agreement> Document Number or Code <Choose Agreement> Document Number or Code <Choose Agreement> Document Number or Code <Choose Enrollment/Registration> Document Number or Code <Choose Enrollment/Registration> Document Number or Code <Choose Enrollment/Registration> Document Number or Code <Choose Enrollment/Registration> Document Number or Code Enterprise Enrollment X20-10408 Previous Enrollment(s)/Agreement(s) Form X20-12873 Enterprise Enrollment Product Selection Form 0965278.003 PSF Qualifying Government Entity Addendum X20-12104 Commodity Tax Terms & Conditions X20-12842 ProgramSignForm (MSSign)(SUB)(NA)CAN(ENG)(May202O) Page 1 of4 50 Document X20-12886 By signing below, the Microsoft Licensing Affiliate agrees to be bound by the terms of the Licensing Documents in the table immediately above. Microsoft Corporation Signature Printed First and Last Name Printed Title Signature Date (date Microsoft Affiliate countersigns) Agreement Effective Date (may be different than Microsoft's signature date) Microsoft Sales Contracts Purchasing Documents Customer Price Sheet Number.. - 0965278.003 Purchase Agreement X20-10806 <Choose A reement> Document Number or Code <Choose A reement> Document Number or Code <Choose A reement> Document Number or Code Microsoft Sales Affiliate is authorized by Microsoft Licensing Affiliate to distribute Products and supply Professional Services ordered under the Enrollment. By signing below the Microsoft Sales Affiliate agrees to be bound by the terms of the contract(s) and documents identified in the table immediately above. Microsoft Canada, Inc. CRA Busn. No. (BN): 877845941 GST/HST: 877845941 RT0001 QST: 1021036966TQ0001 Signature Printed First and Last Name Printed Title Signature Date (date Microsoft Affiliate countersigns) To Accept All Contracts By signing this signature form, the Customer attests it has received copies of the contract document(s) listed in the tables above and agrees to be bound by the terms of those contract(s) and documents. Customer represents and warrants that (1) Customer has read and understands the terms therein, including ProgramSignForm (MSSign)(SUB)(NA)CAN(ENG)(May202O) Page 2 of 51 Document X20-12886 all documents it incorporates by reference and any amendments to those document(s) and (2) agrees to be bound by those terms. Name of Entity (must be legal entity name)* The City of Saint John. Signature* Printed First and Last Name* Printed Title* Signature Date* Tax ID * indicates required field Optional 2nd Customer signature or Outsourcer signature (if applicable) Name of Entity (must be legal entity name)* Signature* Printed First and Last Name* - Printed Title Signature Date* * indicates required field Name of Entity (must be legal entity name)* Signature* Printed First and Last Name* Printed Title Signature Date* * indicates required field Customer will be invoiced by the Microsoft Sales Affiliate identified above If Customer requires additional contacts or is reporting multiple previous Enrollments, include the appropriate form(s) with this signature form. After this signature form is signed by the Customer, send it and the Contract Documents to Customer's channel partner or Microsoft account manager, who must submit them to the following address. When the signature form is fully executed by Microsoft, Customer will receive a confirmation copy. ProgramSignForm (MSSign)(SUB)(NA)CAN(ENG)(May2020) Page 3 of 4 52 Document X20-12886 Microsoft Corporation Dept. 551, Volume Licensing 6880 Sierra Center Parkway Reno, Nevada 89511 USA Microsoft Canada, Inc. 1950 Meadowvale Blvd. Mississauga, Ontario L5N 81-9 Canada ProgramSignForm (MSSign)(SUB)(NA)CAN(ENG)(May2020) Page 4 of 4 53 Document X20-12886 Enterprise Enrollment Government For use with Purchase Agreement with Microsoft Sales Affiliate Enterprise Enrollment number Previous Enrollment number 7203748 Microsoft to complete Software Advisor to complete This Enrollment must be attached to a signature form to be valid. This Microsoft Enterprise Enrollment is entered into between the entities identified on the signature form as of the effective date. Enrolled Affiliate represents and warrants it is the same Customer, or Customer's Affiliate, that entered into the Enterprise Agreement identified on the signature form. This Enrollment consists of: (1) these terms and conditions, (2) the terms of the Enterprise Agreement identified on the signature form, (3) the terms of either the Microsoft Business Agreement or Microsoft Business and Services Agreement ("Master Agreement") identified on the signature form, (4) the Product Selection Form, (5) the Product Terms, (6) the Online Service Terms, (7) any Supplemental Contact Information form, Previous Agreement/Enrollment form and other forms that may be required, (8) the Online Services Supplemental Terms and Conditions if Customer's Master Agreement is a version 2009 or earlier and Enrolled Affiliate is ordering Online Services, and (9) any order submitted under this Enrollment. This Enrollment may only be entered into under a 2011 or later Enterprise Agreement. By entering into this Enrollment, Enrolled Affiliate agrees to be bound by the terms and conditions of the Enterprise Agreement and the Master Agreement. Effective date. If Enrolled Affiliate is renewing Software Assurance or Subscription Licenses from one or more previous Enrollments or agreements, then the effective date will be the day after the first prior Enrollment or agreement expires or terminates. if this Enrollment is ;renewed, the effective date of the renewal term will be the day after the Expiration Date of the initial term. Otherwise, the effective date will be the date this Enrollment is accepted by Microsoft. Any reference to "anniversary date" refers to the anniversary of the effective date of the applicable initial or renewal term for each year this Enrollment is in effect. Term. The initial term of this Enrollment will expire on the last day of the month, 36 full calendar months from the effective date of the initial term. The renewal term will expire 36 full calendar months after the effective date of the renewal term. Any reference in this Enrollment to "day" will be a calendar day. Prior Enrollment(s). If renewing Software Assurance or Subscription Licenses from another Enrollment or agreement, the previous Enrollment or agreement number must be identified in the respective boxes above. If renewing from multiple Enrollments or agreements, or transferring Software Assurance or MSDN details, the Previous Agreement/Enrollment form must be used. Terms and Conditions 1. Definitions. Terms used but not defined in this Enrollment will have the definition in the Enterprise Agreement and applicable Master Agreement. The following definitions also apply: "Additional Product" means any Product identified as such in the Product Terms and chosen by Enrolled Affiliate under this Enrollment. EA20201 Enr(SUB)(NA)CAN(ENG)(0Ct2019) Page 1 of 9 54 Document X20-10408 "Enterprise Online Service" means any Online Service designated as an Enterprise Online Service in the Product Terms and chosen by Enrolled Affiliate under this Enrollment. Enterprise Online Services are treated as Online Services, except as noted. "Enterprise Product" means any Desktop Platform Product that Microsoft designates as an Enterprise Product in the Product Terms and chosen by Enrolled Affiliate under this Enrollment. Enterprise Products must be licensed for all Qualified Devices and Qualified Users on an Enterprise -wide basis under this program. "Expiration Date" means the date upon which the Enrollment expires. "Industry Device" (also known as line of business device) means any device that: (1) is not useable in its deployed configuration as a general purpose personal computing device (e.g., personal computer), a multi- function server, or a commercially viable substitute for one of these systems, and (2) only employs an industry or task -specific software program (e.g., a computer-aided design program used by an architect or a point of sale program) (`Industry Program"). The device may include features and functions derived from Microsoft software or third -party software. If the device performs desktop functions (e.g., email, word processing, spreadsheets, database, network or Internet browsing, or scheduling, or personal finance), then the desktop functions: (1) may only be used for the purpose of supporting the Industry Program functionality, and (2) must be technically integrated with the Industry Program or employ technically enforced policies or architecture to operate only when used with the Industry Program functionality. "Managed Device" means any device on which any Affiliate in the Enterprise directly or indirectly controls one or more operating system environments. Examples of Managed Devices can be found in the Product Terms. "Microsoft Sales Affiliate" means the Microsoft Affiliate that is authorized to distribute Products and supply Professional Services ordered under the Enrollment. "Qualified Device" means any device that is used by or for the benefit of Enrolled Affiliate's Enterprise and is: (1) a personal desktop computer, portable computer, workstation, or similar device capable of running Windows Pro locally (in a physical or virtual operating system environment), or (2) a device used to access a virtual desktop infrastructure (`VDI"). Qualified Devices do not include any device that is: (1) designated as a server and not used as a personal computer, (2) an Industry Device, or (3) not a Managed Device. At its option, the Enrolled Affiliate may designate any device excluded above (e.g., Industry Device) that is used by or for the benefit of the Enrolled Affiliate's Enterprise as a Qualified Device for all or a subset of Enterprise Products or Online Services the Enrolled Affiliate has selected. "Qualified User" means a person (e.g., employee, consultant, contingent staff) who: (1) is a user of a Qualified Device, or (2) accesses any server software requiring an Enterprise Product Client Access License or any Enterprise Online Service. It does not include a person who accesses server software or an Online Service solely under a License identified in the Qualified User exemptions in the Product Terms. "Reserved License" means for an Online Service identified as eligible for true -up in the Product Terms, the License reserved by Enrolled Affiliate prior to use and for which Microsoft will make the Online Service available for activation. "Software" means licensed copies of Microsoft software identified in the Product Terms. Software does not include Online Services or Services Deliverables, but Software may be part of an Online Service. "Software Advisor" means an entity authorized by Microsoft and engaged by an Enrolled Affiliate to provide pre- and post -transaction assistance related to this agreement. "Use Rights" means, with respect to any licensing program, the use rights or terms of service for each Product and version published for that licensing program at the Volume Licensing Site and updated from time to time. The Use Rights include the Product -Specific License Terms, the License Model terms, the Universal License Terms, the Data Protection Terms, and the Other Legal Terms. The Use Rights supersede the terms of any end user license agreement (on-screen or otherwise) that accompanies a Product. EA20201 Enr(SUB)(NA)CAN(ENG)(0Ct2019) Page 2 of 9 55 Document X20-10408 2. Order requirements. a. Minimum order requirements. Enrolled Affiliate's Enterprise must have a minimum of 500 Qualified Users or Qualified Devices. The initial order must include at least 500 Licenses in a single Product pool for Enterprise Products or Enterprise Online Services. (i) Enterprise commitment. Enrolled Affiliate must order enough Licenses from the Product pool for each Enterprise Product ordered to cover all Qualified Users and/or all Qualified Devices. Enrolled Affiliate may elect to mix Enterprise Products and Enterprise Online Services within a Product pool as long as all Qualified Devices not covered by a License are only used by users covered with a user License. (ii) Enterprise Online Services only. If no Enterprise Product is ordered, then Enrolled Affiliate need only maintain at least 500 Subscription Licenses for Enterprise Online Services. b. Additional Products. Upon satisfying the minimum order requirements above, Enrolled Affiliate may order Additional Products and Services. c. Use Rights for Enterprise Products. For Enterprise Products, if a new Product version has more restrictive use rights than the version that is current at the start of the applicable initial or renewal term of the Enrollment, those more restrictive use rights will not apply to Enrolled Affiliate's use of that Product during that term. d. Country of usage. Enrolled Affiliate must specify the countries where Licenses will be used on its initial order and on any additional orders. e. Microsoft Sales Affiliate. Orders must be submitted to Microsoft Sales Affiliate. Microsoft Sales Affiliate and Enrolled Affiliate determine pricing and payment terms as between them. Microsoft Sales Affiliate does not have authority to bind or impose any obligation or liability on the Microsoft Affiliate that enters into this Enrollment. f. Software Advisor. Enrolled Affiliate must select and work with a Software Advisor authorized in Enrolled Affiliate's location to provide pre- and post -transaction assistance related to this Enrollment. Microsoft may pay fees to Software Advisors and other third parties Microsoft authorizes to assist Enrolled Affiliate in exchange for their advisory services. Software Advisors and other third parties do not have authority to bind or impose any obligation or liability on Microsoft. g._ Adding Products. (i) Adding new Products not previously ordered. New Enterprise Products or Enterprise Online Services may be added at any time by contacting a Microsoft Account Manager or Software Advisor. New Additional Products, other than Online Services, may be used if an order is placed in the month the Product is first used. For Additional Products that are Online Services, an initial order for the Online Service is required prior to use. (ii) Adding Licenses for previously ordered Products. Additional Licenses for previously ordered Products other than Online Services may be added at any time but must be included in the next true -up order. Additional Licenses for Online Services must be ordered prior to use unless the Online Services are (1) identified as eligible for true -up in the Product Terms or (2) included as part of other Licenses. h. True -up requirements. Enrolled Affiliate must submit an annual true -up order that accounts for changes since the initial order or last order. If there are no changes, then an update statement must be submitted instead of a true -up order. (i) Enterprise Products. For Enterprise Products, Enrolled Affiliate must determine the number of Qualified Devices and Qualified Users (if ordering user -based Licenses) at the time the true -up order is placed and must order additional Licenses for all Qualified Devices and Qualified Users that are not already covered by existing Licenses, including any Enterprise Online Services. EA20201 Enr(SUB)(NA)CAN(ENG)(0Ct2019) Page 3 of 9 56 Document X20-10408 (ii) Additional Products. For Additional Products that have been previously ordered under this Enrollment, Enrolled Affiliate must determine the maximum number of Additional Products used since the latter of the initial order, the last true -up order, or the prior anniversary date and submit a true -up order that accounts for any increase. (iii) Online Services. For Online Services identified as eligible for true -up in the Product Terms, Enrolled Affiliate may place a reservation order for the additional Licenses prior to use. (iv) Subscription License reductions. Enrolled Affiliate may reduce the quantity of Subscription Licenses at the Enrollment anniversary date on a prospective basis if permitted in the Product Terms, as follows: 1) For Subscription Licenses that are part of an Enterprise -wide purchase, Licenses may be reduced if the total quantity of Licenses and Software Assurance for an applicable group meets or exceeds the quantity of Qualified Devices or Qualified Users (if ordering user -based Licenses) identified on the Product Selection Form, and includes any additional Qualified Devices and Qualified Users added in any prior true -up orders. Step-up Licenses and add-on Subscription Licenses do not count towards this total count. 2) For Enterprise Online Services in a given Product pool that are not a part of an Enterprise -wide purchase, Licenses can be reduced as long as the initial order minimum requirements are maintained. 3) For Additional Products available as Subscription Licenses, Enrolled Affiliate may reduce the Licenses. If the License count is reduced to zero, then Enrolled Affiliate's use of the applicable SubscriptionLicense will be cancelled. Invoices will be adjusted to reflect any reductions in Subscription Licenses at the true -up order Enrollment anniversary date and effective as of such date. (v) Update statement. An update statement must be submitted instead of a true -up order if, since the initial order or last true -up order, Enrolled Affiliate's Enterprise has not: (1) changed the number of Qualified Devices and Qualified Users Licensed with Enterprise Products or Enterprise Online Services, and (2) increased its usage of Additional Products. This update statement must be signed by Enrolled Affiliate's authorized representative. (vi) True -up order period. The true -up order or update statement must be received by - Microsoft between 60 and 30 days prior to each Enrollment anniversary date. The third - year true -up order or update statement is due within 30 days prior to the Expiration Date, and any license reservations within this 30 day period will not be accepted. Enrolled Affiliate may submit true -up orders more often to account for increases in Product usage, but an annual true -up order or update statement must still be submitted during the annual order period. (vii)Late true -up order. If the true -up order or update statement is not received when due, Subscription License reductions cannot be reported until the following Enrollment anniversary date (or at Enrollment renewal, as applicable). i. Step-up Licenses. For Licenses eligible for a step-up under this Enrollment, Enrolled Affiliate may step-up to a higher edition or suite as follows: (i) For step-up Licenses included on an initial order, Enrolled Affiliate may order according to the true -up process. (ii) If step-up Licenses are not included on an initial order, Enrolled Affiliate may step-up initially by following the process described in the Section titled "Adding new Products not previously ordered," then for additional step-up Licenses, by following the true -up order process. EA20201 Enr(SUB)(NA)CAN(ENG)(0Ct2019) Page 4 of 9 57 Document X20-10408 j. Clerical errors. Microsoft may correct clerical errors in this Enrollment, and any documents submitted with or under this Enrollment, by providing notice by email and a reasonable opportunity for Enrolled Affiliate to object to the correction. Clerical errors include minor mistakes, unintentional additions and omissions. This provision does not apply to material terms, such as the identity, quantity or price of a Product ordered. k. Verifying compliance. Microsoft may, in its discretion and at its expense, verify compliance with this Enrollment as set forth in the Master Agreement. 3. Pricing. a. Price levels. Each Product is assigned to a Product pool as shown in the Product Terms. Price levels (A, B, C or D) are set separately for each pool. Price levels for the applicable Product pools are set forth in the Product Selection Form. Price levels are reestablished at the beginning of the renewal term. If Enrolled Affiliate qualifies for a different price level during the applicable initial or renewal term, Microsoft may at its discretion establish a new price level for future new orders either upon Enrolled Affiliate's request or on its own initiative. Any changes will be based upon price level rules in the Product Selection Form. b. Setting prices. Enrolled Affiliate's prices for each Product or Professional Service will be established by Microsoft Sales Affiliate. 4. Payment terms. Payment terms will be established by Microsoft Sales Affiliate. 5. End of Enrollment term and termination. a. General. At the Expiration Date, Enrolled Affiliate must immediately order and pay for Licenses for Products it has used but has not previously submitted an order, except as otherwise provided in this Enrollment. b. Renewal option. At the Expiration Date of the initial term, Enrolled Affiliate can renew Products and Services by renewing this Enrollment for one additional 36 month term or by signing a new Enrollment. Microsoft must receive a Renewal Form, Product Selection Form, and renewal order prior to or at the Expiration Date. Microsoft will not unreasonably reject any renewal. Microsoft may make changes to this program that will make it necessary for Customer and its Enrolled Affiliates to enter into new agreements and Enrollments at renewal. c. If Enrolled Affiliate elects not to renew. (i) Software Assurance. If Enrolled Affiliate elects not to renew Software Assurance for any Product under its Enrollment, then Enrolled Affiliate will not be permitted to order Software Assurance later without first acquiring a new License with Software Assurance. (ii) Online Services eligible for an Extended Term. For Online Services identified as eligible for an Extended Term in the Product Terms, the following options are available at the end of the Enrollment initial or renewal term. 1) Extended Term. If Enrolled Affiliate does not renew prior to the Expiration Date, access to the Online Services will automatically continue month-to-month in accordance with the terms of the Enrollment ("Extended Term") for up to one year unless designated in the Product Terms to continue until cancelled. Pricing for Online Services during the Extended Term is established by Microsoft Sales Affiliate and subject to 3% administrative fee. If Enrolled Affiliate does not want an Extended Term, Enrolled Affiliate must submit a request to Microsoft at least 30 days prior to the Expiration Date. EA20201 Enr(SUB)(NA)CAN(ENG)(0Ct2019) Page 5 of 9 58 Document X20-10408 2) Cancellation during Extended Term. At any time during the first year of the Extended Term, Enrolled Affiliate may terminate the Extended Term by submitting a notice of cancellation to Microsoft for each Online Service. Thereafter, either party may terminate the Extended Term by providing the other with a notice of cancellation for each Online Service. Cancellation will be effective at the end of the month following 30 days after Microsoft has received or issued the notice. (iii) Subscription Licenses and Online Services without an Extended Term. If Enrolled Affiliate elects not to renew, the Licenses will be cancelled and will terminate as of the Expiration Date. Any associated media must be uninstalled and destroyed and Enrolled Affiliate's Enterprise must discontinue use. Microsoft may request written certification to verify compliance. d. Termination for cause. Any termination for cause of this Enrollment will be subject to the "Termination for cause" section of the agreement. e. Early termination. If an Enrolled Affiliate terminates its Enrollment as a result of a breach by Microsoft, or if Microsoft terminates this Enrollment because Enrolled Affiliate has ceased to be Customer's Affiliate, then Enrolled Affiliate will have the following options for Licenses, excluding Subscription Licenses: (i) It may immediately pay the total remaining amount due, including all installments, in which case, Enrolled Affiliate will have perpetual rights for all Licenses it has ordered (for the latest version of Products ordered under Software Assurance coverage in an initial or renewal term), or (ii) It may pay only amounts due as of the termination date, in which case Enrolled Affiliate will have perpetualLicenses (for the latest version of Products ordered under Software Assurance coverage in an initial or renewal term) for (1) all copies of Products for which payment has been made in full, and (2) a proportional number of copies of Products it has ordered for which payment has been made. EA20201 Enr(SUB)(NA)CAN(ENG)(0Ct2019) Page 6 of 9 59 Document X20-10408 Enrollment Details 1. Enrolled Affiliate's Enterprise. a. Identify which Affiliates are included in the Enterprise (Required). Affiliates must be separate legal entities, not departments, divisions, or business units. Check only one box in this section. If no boxes are checked, Microsoft will deem the Enterprise to include the Enrolled Affiliate only. If more than one box is checked, Microsoft will deem the Enterprise to include the largest number of Affiliates. ® Enrolled Affiliate only ❑ Enrolled Affiliate and all Affiliates ❑ Enrolled Affiliate and the following Affiliate(s) (Only identify specific affiliates to be included if fewer than all Affiliates are to be included in the Enterprise.): ❑ Enrolled Affiliate and all Affiliates, with :following Affiliate(s) excluded: b. Please indicate whether Enrolled Affiliate's Enterprise will include all new Affiliates acquired after the start of this Enrollment: Include future Affiliates 2. Contact information. Each party will notify the other in writing if any of the information in the following contact information page(s) changes. The asterisks (*) indicate required fields. By providing contact information, Enrolled Affiliate consents to its use for purposes of administering this Enrollment by Microsoft, its Affiliates, and other parties that help administer this Enrollment. The personal information provided in connection with this Enrollment will be used and protected in accordance with the privacy statement available at https://www.microsoft.com/licensing/servicecenter. a. Primary contact. This contact is the primary contact for the Enrollment from within Enrolled Affiliate's Enterprise. This contact is also an Online Administrator for the Volume Licensing Service Center and may grant online access to others. The primary contact will be the default contact for all purposes unless separate contacts are identified for specific purposes. Name of entity (must be legal entity name)* The City of Saint John. Contact name: First* SARAH Last* RANSON Contact email address* sarah.ranson@saintjohn.ca Street address* 15 MARKET SQ City* SAINT JOHN Province* NB EA20201 Enr(SUB)(NA)CAN(ENG)(0Ct2019) Page 7 of 9 60 Document X20-10408 Postal code* E2L 41_1 Country* Canada Phone (506) 649-6047 Tax ID * indicates required field b. Notices contact and Online Administrator. This contact (1) receives the contractual notices, (2) is the Online Administrator for the Volume Licensing Service Center and may grant online access to others, and (3) is authorized to order Reserved Licenses for eligible Online Services, including adding or reassigning Licenses and stepping -up prior to a true -up order. ® Same as primary contact (default if no information is provided below, even if box is not checked) Contact name: First* Last* Contact email address* Street address* City* Province* Postal code* Country* Phone Language preference. Choose the language for notices. English ❑ This contact is a third party (not Enrolled Affiliate). Warning: This contact receives personally identifiable information of the Customer and its Affiliates. * indicates required field c. Online Services Manager. This contact is authorized to (1) manage the Online Services ordered under the Enrollment and (2) reserve Licenses for eligible Online Services, including adding or reassigning Licenses and stepping -up prior to a true -up order. ® Same as notices contact and Online Administrator (default if no information is provided below, even if box is not checked) Contact name: First* Last* Contact email address* Phone ❑ This contact is from a third party organization (not the entity). Warning: This contact receives personally identifiable information of the entity. * indicates required field d. Software Advisor information. Software Advisor's contact for this Enrollment is: Software Advisor company name* Softchoice LP Street address (PO boxes will not be accepted)* 173 Dufferin St., Suite 200 City* Toronto Province* ON Postal code* M6K 3H7 Country* Canada Contact name* Licensing Administrator Phone 416-588-9002 x 2307 Contact email address* MSSelquestconfirmation@softchoice.com * indicates required field EA20201 Enr(SUB)(NA)CAN(ENG)(0Ct2019) Page 8 of 9 61 Document X20-10408 By signing below, the Software Advisor identified above confirms that all information provided in this Enrollment is correct. Signature* Printed name* Printed title* Licensing Administrator Date* * indicates required field Changing a Software Advisor. If Microsoft or the Software Advisor chooses to discontinue doing business with each other, Enrolled Affiliate must choose a replacement Software Advisor. If Enrolled Affiliate or the Software Advisor intends to terminate their relationship, the initiating party must notify Microsoft and the other party using a form provided by Microsoft at least 90 days prior to the date on which the change is to take effect. e. If Enrolled Affiliate requires a separate contact for any of the following, attach the Supplemental Contact Information form. Otherwise, the notices contact and Online Administrator remains the default. (i) Additional Notices Contact (ii) Software Assurance Manager (iii) Subscriptions Manager (iv) Customer Support Manager (CSM) contact 3. Financing elections. Is a purchase under this Enrollment being financed through MS Financing? ❑ Yes, ® No. EA20201 Enr(SUB)(NA)CAN(ENG)(0Ct2019) Page 9 of 9 62 Document X20-10408 N, 1\41crosoft M Enterprise Purchase Agreement Enrollment number Microsoft to complete VolumL it e lei i iii g This Purchase Agreement must be attached to a signature form and accompanied by an Enterprise Enrollment to be valid. This Microsoft Enterprise Purchase Agreement ("Agreement") is entered into between the Enrolled Affiliate and the Microsoft Sales Affiliate identified on the Program Signature Form. It establishes the terms under which Enrolled Affiliate will order Licenses for Products and Professional Services from the Microsoft Sales Affiliate. This Agreement will be effective as of the effective date of the Enrollment identified above ("Enrollment") between the Enrolled Affiliate and the Microsoft Licensing Affiliate. This Agreement consists of the terms and conditions in this document, any Customer Price Sheet that refers to this Agreement, and any other purchasing documents identified on the Program Signature Form signed by Enrolled Affiliate and attached to the Enrollment. Enrolled Affiliate represents that it is the same entity that entered into the Enrollment. Name of Entity (must be legal entity name)* The City of Saint John. Language preference. Choose the language for notices. English Billing contact: This is the contact to which Microsoft Sales Affiliate will send invoices. The Billing contact may also be contacted regarding purchase order matters or other invoicing queries. Name of entity* The City of Saint John. Accounts payable contact name: First* SARAH Last* RANSON Accounts payable contact email address* sarah.ranson@saintjohn.ca Street address* 15 MARKET SQ City* SAINT JOHN Province* NB Postal code* E21-41-1 Country* Canada Phone (506) 649-6047 Financing.* Is a purchase under this Agreement being financed through Microsoft Financing? ❑ Yes, ® No If a purchase under this Enrollment is financed through MS Financing, and Enrolled Affiliate chooses not to finance any associated taxes, it must pay these taxes directly to Microsoft. 'Indicates required fields. Enrolled Affiliate will notify Microsoft Sales Affiliate in writing if any of the above information changes. By providing contact information, Enrolled Affiliate consents to its use for purposes of administering this Purchase Agreement by Microsoft Sales Affiliate, its Affiliates, contractors and other parties that help administer this agreement. The personal information provided in connection with this agreement will be used and protected in accordance with the privacy statement available at https://www.microsoft.com/licensing/servicecenter. EA20201 PurchaseAgr(SUB)(NA)CAN(ENG)(Oct2019) Page 1 of 4 63 Document X20-10806 1. Definitions. Terms used in this Agreement but not otherwise defined will have the definition provided in the Enrollment. The following definitions also apply: "Customer Price Sheet" means the written statement provided to Enrolled Affiliate that contains Enrolled Affiliate's initial order and associated pricing. "Microsoft Licensing Affiliate" means the Microsoft legal entity that enters into the Enrollment under which the Enrolled Affiliate is licensed to access and use Microsoft Products. "Microsoft Sales Affiliate" refers to the Microsoft legal entity that enters into this Agreement. 2. Ordering and Payment. a. Orders. Enrolled Affiliate will order Microsoft Products and Professional Services from Microsoft Sales Affiliate as permitted or required under the Enrollment. Prices will be reflected on the Customer Price Sheet. Microsoft Sales Affiliate has no obligations with respect to an order until Microsoft Licensing Affiliate accepts it. b. Setting prices. Except for Online Services designated in the Product Terms as being exempt from fixed pricing, Enrolled Affiliate's prices for each Product ordered will be fixed throughout the applicable initial or renewal Enrollment term, provided that Enrolled Affiliate qualifies for the same price level for the entire term. Price levels and prices are reestablished at the beginning of the renewal term. c. Payment terms. Microsoft Sales Affiliate will invoice Enrolled Affiliate for all Products and Professional Services ordered, and Enrolled Affiliate will pay the amount due to Microsoft Sales Affiliate according to the terms, payment methods and in the currency stated on Microsoft Sales Affiliate's invoice and Customer Price Sheet. d. Spread payment option. For the initial or renewal order Enrolled Affiliate may pay upfront or elect to spread its payments over the applicable Enrollment term. If spread payments are elected, unless indicated otherwise on the Customer Price Sheet, Microsoft Sales Affiliate will invoice Enrolled Affiliate in three equal annual installments. The first installment will be invoiced upon Microsoft Licensing Affiliate's acceptance of the applicable initial or renewal order and remaining installments will be invoiced on each subsequent Enrollment anniversary date. e. Mid-term orders. Mid-term orders will be invoiced upon acceptance of each order. Enrolled Affiliate may elect to pay annually or upfront for Online Services ordered mid-term but must pay upfront for all other Licenses ordered mid-term. f. Reserved Licenses. Payment for a reservation order may be deferred until the next true -up order. Reserved Licenses will be invoiced retroactively to the month in which they were ordered. If Enrolled Affiliate fails to submit a true -up order or update statement in accordance with the terms of the Enrollment, Microsoft Sales Affiliate will invoice Enrolled Affiliate for all Reserved Licenses not previously ordered. g. Subscription License reductions. Invoices will be adjusted to reflect any reductions in Subscription Licenses (as described in the Enrollment) at the true -up order Enrollment anniversary and effective as of such date. h. Online Services Extended Term. For the first twelve months of an Extended Term, Online Services will be invoiced monthly at the then -current published price for Enrolled Affiliate's price level as of the Enrollment Expiration Date plus a 3% administrative fee. As of the first day of the thirteenth month of the Extended Term, Online Services that continue until cancelled will be invoiced at the then -current published price for price level A plus a 3% administrative fee. i. Taxes. Amounts owed to Microsoft Sales Affiliate are exclusive of any taxes, unless specified on the invoice as tax inclusive. Enrolled Affiliate shall pay any applicable value added, goods and EA20201 PurchaseAgr(SUB)(NA)CAN(ENG)(Oct2019) Page 2 of 4 64 Document X20-10806 services, sales, gross receipts, or other transaction taxes, fees, charges or surcharges or any regulatory cost recovery surcharges or similar amounts that are owed under this Agreement and that Microsoft Sales Affiliate is permitted to collect from Enrolled Affiliate. Enrolled Affiliate shall be responsible for any applicable stamp taxes and for all other taxes that it is legally obligated to pay, including any taxes that arise on the distribution or provision of Products or Professional Services by Enrolled Affiliate to its Affiliates. Microsoft Sales Affiliate shall be responsible for payment of all taxes based on its net income, gross receipts taxes imposed in lieu of taxes on income or profits, and taxes on its property ownership. If any taxes are required to be withheld on payments made to Microsoft Sales Affiliate, Enrolled Affiliate may deduct such taxes from the amount owed and pay them to the appropriate taxing authority, but only if Enrolled Affiliate promptly provides Microsoft Sales Affiliate an official receipt for those withholdings and other documents reasonably requested to allow Microsoft Sales Affiliate to claim a foreign tax credit or refund. Enrolled Affiliate will ensure that any taxes withheld are minimized to the extent possible under applicable law. 3. Termination. a. Term. This Agreement has the same term as the Enrollment b. Termination. Without limiting any other remedies it may have, either party may terminate this Agreement if the other party materially breaches its obligations under this Agreement. Except where the breach is by its nature not curable within 30 days, the terminating party must give the other party 30 days' notice of its intent to terminate and an opportunity to cure the breach. A material breach of this Agreement will be construed as a material breach of the Enrollment. In the event of termination under this provision by the Microsoft Sales Affiliate, or if the Microsoft Licensing Affiliate terminates the Enrollment for cause, all amounts due under any unpaid 'invoices shall become due and payable immediately. For Subscription Licenses, in the event of a breach by Microsoft, or if Microsoft terminates an Online Service for regulatory reasons, Enrolled Affiliate will receive a credit for any amount paid in advance for the period after termination. c. Effect of termination. Enrolled Affiliate's options in the event of early termination or expiration of the Enrollment are described in the applicable sections of the Enrollment. 4. Confidentiality. The parties will be bound by the provisions related to Confidentiality in the Master Agreement with respect to Confidential Information disclosed to each other in the course of their business relationship under this Agreement. 5. Warranties and Limitation of Liability. All warranties, obligations to defend against third -party claims and limitations of liability set forth in the Master Agreement (as modified by any applicable country -specific provisions) shall also apply to claims under this Agreement. Microsoft Licensing Affiliate is solely responsible for claims relating to the performance of Products and Microsoft's defense of third -party claims (including claims of intellectual property infringement). Microsoft Sales Affiliate is not liable for such claims and, to the maximum extent permitted by applicable law, expressly disclaims all express, implied and statutory warranties and liability for such claims, including, without limitation, warranties of quality, title, non - infringement, merchantability, and fitness for a particular purpose. 6. Miscellaneous. The following provisions apply to this Agreement, notwithstanding anything to the contrary in the Master Agreement. EA20201 PurchaseAgr(SUB)(NA)CAN(ENG)(Oct2019) Page 3 of 4 65 Document X20-10806 a. Applicable Law. The terms of this Agreement will be governed by the law of the jurisdiction where the Microsoft Sales Affiliate has its headquarters at the time of entering into this Agreement. The 1980 United Nations Convention on Contracts for the International Sale of Goods and its related instruments will not apply to this Agreement. b. Notices. Notices, authorizations, and requests in connection with this Agreement must be sent by regular or overnight mail or express courier to the addresses and numbers listed in this Agreement. Notices must be in writing and will be treated as delivered on the date shown on the return receipt or on the courier confirmation of delivery. Microsoft may provide information to Enrolled Affiliate about upcoming ordering deadlines, services and subscription information in electronic form, including by email to contacts provided by Enrolled Affiliate. Emails will be treated as delivered on the transmission date. c. Assignment. This Agreement may not be assigned, sublicensed, or otherwise transferred by Enrolled Affiliate without the prior written consent of Microsoft Sales Affiliate; any attempt to do so without consent will be void. Microsoft Sales Affiliate may assign any of its rights under this Agreement, including, without limitation, the right to sue for amounts due and outstanding from Enrolled Affiliate, without the need for any further consent. d. Entire Agreement. This Agreement is the parties' entire understanding with respect to this subject and merges and supersedes all prior Agreements, discussions, and understandings, express or implied, on this subject. Changes made to this Agreement after it is presented to Enrolled Affiliate for signature are non-binding unless expressly accepted by both parties. Any terms on Enrolled Affiliate's purchase order that are additional to or conflict with this Agreement are expressly rejected and not part of this Agreement. e. Order of precedence. In the case of a conflict between any documents in this Agreement that is not expressly resolved in those documents, their terms will control in the following order, from highest to lowest priority: (1) this Purchase Agreement, (2) the Customer Price Sheet, (3) any other documents in this agreement. Terms in an amendment control over the amended document and any prior amendments concerning the same subject matter. f. Severability. If any provision in this Agreement is held to be unenforceable, the balance of the agreement will remain in full force and effect. g. Waiver. Failure to enforce any provision of this agreement will not constitute a waiver. Any waiver must be in writing and signed by the waiving party. h. Dispute resolution. When bringing any action arising under this Agreement, the parties agree to the following exclusive venues: (i) If Microsoft Sales Affiliate brings the action, the venue will be where Enrolled Affiliate has its headquarters. (ii) If Enrolled Affiliate brings the action against any Microsoft Affiliate located outside of Europe, the venue will be the state or federal courts in King County, State of Washington, U.S.A. (iii) If Enrolled Affiliate brings the action against a Microsoft Affiliate located in Europe, and not also against a Microsoft Affiliate located outside of Europe, the venue will be where such Microsoft Affiliate has its headquarters. The parties consent to personal jurisdiction in the agreed venue. This choice of venue does not prevent either party from seeking injunctive relief in any jurisdiction with respect to a violation of intellectual property rights or confidentiality obligations. EA20201 PurchaseAgr(SUB)(NA)CAN(ENG)(Oct2019) Page 4 of 4 66 Document X20-10806 Volume ILicensing Previous Enrollment(s)/Agreement(s) Form Entity Name: The City of Saint John. Contract that this form is attached to: Enterprise Enrollment For the purposes of this form, "entity" can mean the signing entity, Customer, Enrolled Affiliate, Government Partner, Institution, orother party entering into a volume licensing program agreement. Please provide a description of the previous Enrollment(s), Agreement(s), Purchasing Account(s), and/or Affiliate Registration(s) being renewed or consolidated into the new contract identified above. a. Entity may select below any previous contract(s) from which to transfer MSDN subscribers to this new contract. Entity shall ensure that each MSDN subscriber transferred is either properly licensed under the new contract or is removed. b. Entity may select below only one previous contract from which to transfer the Software Assurance (SA) Benefit contact details, i.e., benefits contact (not the SA manager) and the program codes, to this new contract. c. An Open License cannot be used to transfer either the SA Benefit details or MSDN subscribers. d. The date of the earliest expiring Enrollment/Agreement that contains SA or Online Services will be the effective date of the new contract (or SA coverage period for Select Plus). e. Please insert the number of the earliest expiring Enrollment/Agreement with SA or Online Services in the appropriate fields of the new contract. Enrol lment/Agreement/ Enrol lment/Agreement/ Purchasing Account/Affiliate Purchasing Account/Affiliate Registration Description Registration Public Customer Number Transfer SA Benefit Contact Transfer MSDN Subscribers Enterprise Enrollment PrevEnrAgrForm(WW)(ENG)(Oct2019) Page 1 of 1 67 Document X20-12873 I1I1lU 1i'! 1�1 1� 1 IDD o S�: l ILicensing Commodity Tax Terms & Conditions (Canada only) (Direct) This document establishes the commodity tax terms & conditions for purchases of licenses, services, software assurance, online services, or other products (collectively "Products") purchased under the associated Enrollment. This form must be submitted for all new direct enrollments for customers with a Primary Contact Address located within Canada (hereinafter "Customer"). Furthermore, if Customer is applying a tax exemption in section 5 below, this form must be submitted to Microsoft for approval prior to submission of the related Enrollment for acceptance. For purposes of this document, commodity tax includes any federal or provincial and local taxes, fees, charges, surcharges or other similar fees or charges imposed on or with respect to Products and Services that are the subject of the associated Enrollment and include, but are not limited to Goods and Services Tax, Harmonized Sales Tax, Quebec Sales Tax, and Provincial Sales Tax, and all other federal, provincial and local taxes and regulatory fees as defined by the applicable laws or authority of the Primary Contact Address jurisdiction and the Canada Revenue Agency ("Commodity Tax"). 1. Customer Information. a. Customer's legal entity name as it appears on the Enrollment (i.e. the `Primary Contact' on the Enrollment and Program Signature Form): Customer's Legal Name: * THE CITY OF SAINT JOHN. b. The Enrollment is for which Licensing Program (e.g. EA, EAS, SCE)? * EA c. Enrollment Number (to be completed by Microsoft): 2. Application of Commodity Taxes. Commodity Tax shall be applied to purchases made under the Enrollment based on the laws or authority of the Primary Contact Address jurisdiction provided in the Enrollment Number referenced in section 1(c), unless this address is updated. Commodity Tax is not based on any other address identified or indicated on an invoice. Any other addresses or location(s) identified on an invoice (e.g. country of usage) are for internal reference only. 3. Liability for Taxes. Customer shall pay all Commodity Taxes imposed on purchases made under this Enrollment. 4. Communication Products and Services. Microsoft may provide Products and Services to its Customers separately or together with other Products and Services provided under this Enrollment. Communication services, to the extent included under this Enrollment, may be subject to additional Commodity Taxes. Microsoft reserves the right, to determine in its sole discretion, whether to unbundle Products and Services provided to the customer for a single charge for the purpose of separately applying Commodity Taxes to any of the Products and Services provided under this Enrollment. MicrosoftTaxTermsandConditions(EA)(CAN)(ENG)(Feb20l9) Page 1 of 2 68 Document X20-12842 5. Certification of Commodity Tax Exemption. Complete this section if a Commodity Tax exemption applies to the purchases made under this Enrollment. Pursuant to the law(s) of the jurisdiction for the Primary Contact Address indicated in the Enrollment Number referenced in section 1(c) above, purchases made under this Enrollment should not include Commodity Tax based on the attached exemption documentation identified in the drop-down menu below: [Click here to choose document type if an exemption applies] Exemption applies to:* GST/HST only ❑, PST only ❑, both GST and PST ❑ Any pre -approval granted shall be void if the Customer's legal name in Section 1(a) does not match the Enrollment submitted for processing. 6. Commodity Tax Status Change Request. Microsoft has, in good faith, relied upon the Customer's representations regarding Commodity Tax exemption status for the Enrollment, as identified in Section 5 of this form. If Customer later requests a change in the Commodity Tax exemption status, the Commodity Tax exemption status change will be applied on a prospective basis to invoices issued under this Enrollment after the date that the Commodity Tax exemption status change is processed by Microsoft. MicrosoftTaxTermsandConditions(EA)(CAN)(ENG)(Feb20l 9) ��1 Page 2 of 2 Document X20-12842 Volume ILicensing Qualifying Government Entity Addendum This Qualifying Government Entity Addendum modifies the terms of the Select or Select Plus ("Agreement") or Enterprise or Enterprise Subscription Agreement ("Agreement") as follows: 1. The following definition is added: "Eligible Entity" means a public sector entity that meets the criteria set out at http://www.microsoft.com/licensing/contracts in the document entitled "Microsoft Government Eligibility Definition." 2. The definitions of "Customer" and "Affiliate" are amended as follows: When used in this Agreement or Enrollment, as applicable, "Customer" refers to the Eligible Entity that signs this Agreement/Enrollment with Microsoft, and the definition of "Affiliate", as set forth in the Master Agreement, is modified to include only Eligible Entities located in the same country as the Eligible Entity signing this Agreement/Enrollment, as applicable, with Microsoft. 3. The Minimum Order requirements section of the Agreement is amended as follows: Notwithstanding anything to the contrary in the Agreement, an Eligible Entity's Enterprise must have a minimum of 250 Qualified Users or Qualified Devices, and its initial order must include at least 250 Licenses in a single Product pool for Enterprise Products or Enterprise Online Services. If no Enterprise Product is ordered, an Eligible Entity need only maintain at least 250 Subscription Licenses for Enterprise Online Services. 4. The following pricing provision is added: Customer represents that Customer and Customer's Affiliates are Eligible Entities. As an Eligible Entity, Customer may receive price level D for all Products and pools under this Agreement/Enrollment, as applicable. 5. The following "Mid-term Cancellation for Non -appropriation of Funds" provision is added: Termination of Enrollment — non -appropriation of funds. Subject to the provisions in the Section titled "Effect of termination or expiration," a Customer or an Enrolled Affiliate may terminate an Agreement or Enrollment without liability, penalty or further obligation to make payments if funds to make payments under the Agreement or Enrollment are not appropriated or allocated for such purpose. Effect of termination. Upon termination of any Enrollment, the Enrolled Affiliate must order Licenses for all copies of Products it or its Affiliates have run under its Enrollment for which the Enrolled Affiliate has not previously submitted an order. Except as provided in the next paragraph, in the event of termination, all unpaid installments of the purchase price for any Licenses will immediately become due and payable, and the Enrolled Affiliate will be entitled to perpetual Licenses only after all such payments have been made. Early termination. If Customer or Enrolled Affiliate terminates an Enrollment for non -appropriation of funds, or Microsoft terminates an Enrollment for non-payment due to non -appropriation of funds of Customer or Enrolled Affiliate, then Customer or the Enrolled Affiliate will have the following options: a. It may immediately pay the total remaining amount due, including all installments, in which case the Enrolled Affiliate will have perpetual Licenses for all copies of the Products it has ordered, or Qualify ingGovEntityAddendum(WW)ExEMEA(ENG)(Oct2019) Page 1 of 2 Document X20-12104 b. It may pay only amounts due as of the termination date, in which case the Enrolled Affiliate will have perpetual Licenses for (1) all copies of all Products for which payment has been made in full, and (2) the number of copies of Products it has ordered (including the latest version of Products ordered under SA coverage in an initial or renewal term) for which payment has been made in installments that is proportional to the total of payments made versus total amounts due if the early termination had not occurred. 6. Where "Extended Term" is available for eligible Online Services, the following is added: Enrolled Affiliate will not automatically have an Extended Term. If Enrolled Affiliate wants an Extended Term, Enrolled Affiliate may submit a request to Microsoft. Microsoft must receive the request not less than 30 days prior to the Expiration Date. 7. The following provision is added: Natural Disaster. In the event of a natural disaster, Microsoft may provide additional assistance or rights by posting them on http://www.microsoft.com at such time. 8. The following "Over -assignment provision" is amended: The Over -assignment provision does not apply to Government customers. Qualify ingGovEntityAddendum(WW)ExEMEA(ENG)(Oct2019) Page 2 of 2 71 Document X20-12104 Microsoft Volume Licens,ing The City of Saint John. Microsoft volume Licensing - Customer Price Sheet - Final Pricing Quote Number. 0,965278.003 Billing currency: CAD Creation Date: 6/412O20 Term Of Agreement: 3 Years Effective Duration: 30 days Opportunity ID: 7.TQFYOFEXJ Enrollment Number: Payment Schedule: Annual Language, English (United States) Price List Month: June 2020 ... . ....... . .. . Sarah Ranson The City of Saint John. Phone. 506-721-0496 15 Market Square, City Hall, 91h Floor, 15 Market Square, City Hall, 9th Floor Fax: Saint John,, NB, Canada, E21L 4t.1 sarah.ranson a saintlohn.ca 7"' Software Advisor Licensing AdminSoftchoice ILP Phone: 41658'89002 173 Dufferin St., Suite 200 Fax: Toronto, ON, Canada, MW 3H7 MSSelquestconfirmatioln so choice,com Moo / 711 Xn` p7o/ 77 ''1 7557 Sam Baghdadii Hossarn. Bag hdadl@mcrosoft.com Purchase Order Number Purchase Order Date Section I Section 2 72 'Me City of Saint John,, Quote Number:0'965278.003 0.00 otat Annual PayTefl �'Y�e ( I 238A90A6 –L— — 2-- Totaill Annual Payment Year 2 238A90.16 Totai Annual Pay"TVY60,r —3 238,490.16� WOIPLSS I,BiGO;YD;RO;PO�BDO;BLOBDSLO„BMO-IBEO,EO;BVO:BDGMO;BOGMO 73 Page 2 of 12 MS Quote The City of Saim John. Quole Numbor0965278,003 VVORL SS I;B I;GO,;YO�RO;,PO;BDO;BLOODSLO;BMO;BeO,EO;BVO;BD�GMQBOGMO 74 Page 3 of 12 MS Quote The Ciity of Sakit John. Quote Number 0965278.003 WO,PLSS 1;8 1�(34D;YO:RO;PO;BDO;BLO;BDSLO,BMO,BEO'EO;BVOBDCMO;BOGMO 75 Page 4 of 12 MS Owe The City of SaW John. Quote Number:0965278.003 Page 5 of 12 WO;PLS81 ;81;GO�JYO,-IRO:PO.B:DO;BL(BDSLO;BMIO;BEO;rzO;BVO;BDGMO;BOG�MO ms Quote 76 The City ot Saint John, Quote Number:0965278,003 `oreCAL8rkJge0365FiromSA AL NG S,ubs VL —Ihty MVC PtUrim PerUsr AAA-12417 Adjustable on 12 1,82 261 Canada 5�,700.24 =Fm .1-, 3815 E1 U�ar 0365EI FromSA Shrd Svr AL NG SubsVL MVL . ....... . ..t0lOout Gov GovOnly PerVsr 7R7-00001 AdjiustaWe monthly12 674 � 302� Canada 24,426.76 WmE3FrwnSAALNG SuIbsVL MVI. PerUsr AAA-10766 Ad�uslabla MorilhIly 121 5,721 144� Canaida 9',884,16 CoreCALBfidge0365Ftorn5A ACING5ubsVF— W, PerUisir AAA-12416 Adjustable Monthly 12 1,92 302i Canada 6,958,08 ArldlOonal Products ........... EOArchEx0Onln ShrdSvr ALNG 5ubsVL MVL Govonly Per'Usr 4DS-00002 Adjustable Monthly 12 2.73 302 Canada 9',821,04 Exch,q0nlnPl@n2 ShirdSvr ALNG SuIbSVL MVL GovOnly Port)sr TOA-0001 1 Adjustable Monthly 12 7.66 17 Canada 1,562.64 Q365AdvThVddnPln1I §h—rd"SvrA-L—NG r --- ! 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Quote Nuniber.0965278.003 Paqp 8 of 12 MS Quote 79 VSP,roSubMSDN ALNG UcSA)Pk MVL 77D-001 10 1.184,52 MAO 37C28 ExchgSwEnt AL 6 UcSAK MVL 395-02412 6,249.24 6,287.80 4,326.36 SfBSvr ALNG bcSAR MVL SH U-00215 5.625,.24 4,759,80 3.89*36 SfB,SVrEniCAL ALNG UoSAR MV1. 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MVL G, v Goy0nGy PerUsr KF5-00001 1.92 6-365F3 ShrdSvr ALNG SubsVL MA GovOnly PerU r TPA -000117 3,47 ....... . . . . . . . . " " NO, On R fimm M365'E-S--S yALNGSUMVL(3,ravQ365ADVTllf4CATPRTCrRP'i F';q'4.N'sr PEJIOG007 11.60 M365F3FvHUSL ShrdSvr ALNG SU MVL Gov GovOWy OFFICE3,65F3 N'Wsr JFX-00002 7.46 OiF54i—VTi;WrtcWPln2 ALNG SU MVL Gov 0365ADR VT� EATPRTCTNPI Perusr FSZ-00003 2.87 tV0,PLSS 1:8 I;GO;YO;RO,POBDO;.BL�O;BDSLC;BMP D;BEO;EO,BVO;BIDGMO:BOGMO The City of Saint John. Quote Nwnber0965278.003 Page 9 of 12 MS Quote 0365E3 ShrdSvr ALNG SU 11... GovOnN Exchq4nInP1ari2 PerU$r AAA -10,885 14.86 0365E3 ShrdSvr ALNG SU MVL GovOMy 0355E3 PerUsr'AAA-108B8 18.70 Hl , ior Editions, UnItPrico M365E5Socunty ShrdSvr ALNG SubsA MVL Gov GcwOrfly PeWsr PEJI-000011 13,52 14C365F36'OUSL Shr,dSvr At NG Su bsVL MVL Gov GovOnly PerUsr JFM -00001 10.931 03,65AdVTMPAdnPln2 ShrdSvr ALNG SUbsVL MVL Gov GovOnfy PerUsr FSZ-moll 4.79 M. -IN SS1;81:C,�DCYO:RG;PO,,BDO;BLO;BD. SU.O;BMO�BEO,;EO,eE3VO:eDcm'O;BOGMO E-13 The Cily of Saint John, Quote Number:0965278.003, Page IQ of 12 MS Quote The City of Saint Johni, Quota Number:0965278,003 m// N /"11111 Note 1: If the payment stnrcture Is changed, the list price may not reffect the actual ilisf price but may be updated to reflect the Ip,ayment struotoe chosen,. Note Z Purchase Orders should include taxes where applicable. Note 3t For 1i Subscription Licenses, ncludmg Online Services, Total Extended Amounrl Will be calculated to reflect Monthly INal Unit Price multiplied Iby IMfonths Remaining multiplied by License Quantity. If the Usage Date ichanges to a later date which impacts Months Remaining, Iti Extended Amount YAI be used to reflect thins pror0on for any month invoiced after the 15th of that month. rho Usage Start Date only applies to the Initial Pricing and Usage period, Subsequont Priding and Usage periods align to conlinue coverage until the end of the subscription terra, �Noto 4: Choosing to submit a step -,up order or true -up order for Enterprise CAL soils requires stepping up all Core CALS to the higher edition, Note 5: Future Monthly Subscription pricing is expressed iin monthly terms to support pro -ration of months remaining in the Enrollment based on usage date of order. Online Services must be ordered prior to deployment, except where perri through License Reservation for those Online Services eligible for the true -up or annual order process, Note 6: For Online Services eligible for true -up or annual order processes, the true -up or annual order rnusl reflect the date of any License Reservations, License Reservations are available through the Volume Licensing Service Center at: http!/Iwww,microsoft.comMicensingiservtcecenilerld,ofault.aspx.. Note 7. For on -premises SubscrIption Ucenses, true -up order muust refte(A the correct Usage Date when Incremental Product qparnity was first used or Quafified DevicaWUsers (if applice0e) were added. Note 8: Microsoft Professional Services: If no Professional Services support SKU is listed on this Price Sheet, Customer acknowledges that such support is inot included in this Enterprise Agreement. Note 9: The purchase of Services for which Enrolled Affighate is Invoiced under these terms and conditbris is strictly at Enrolled Affilislo's option. Enrolled AffiNate understands there is no obligation to purchase Services from Microsoft, Enrolled Affiliate further understands that the price of Services purchased from Microsoft is the sainie regardless of whether Cusloirner chooses to license Microsoft sofftware under Customer's Enteirpinse Agreement or through any other Microsoft Services channel. Note W In some cases, more than one Product can have the same higher edition, You may therefore see the same SKU listed twice with different prices in the Future Pricing section of your CPS. In such cases, Microsoft WHI grant you the lower of the two future prices listed for any future purchases. iNoto IV True -ops are only applicable to Enterprise Products. eligible Enterprise inline Services and Additional Products (including eligible Online Senoces but not Service Offerings), 2�pl ri"j", Unless otWwise indicared on the Customer Price Sheet, Microsoft will invoice Enrolled Affiliate in 3 equal annual hnslatments. The first installment will be invoiced upon acceptance of the Enrollment, and thereafter on the annwersary of the Enrollment. WO;PLSS I;B I;CO;,yO�R01PO.BDO;BLOBDSLO;BMO;BEO;EO;BVO:BDGMID,BOG�MO E -IN Page 11 of 12 MS i The City of Saint John, Quote Numbar:0965278.003 Delivery and Payment Terri Subject to Mocrosofl's review of Enrolled Affiliate's fmanciali ooni and overall creditworthiness, all amounts wig be due and owing within 3O calendar days of the date of Microsoft's invoice, This payment due date is specified on the invoice, The terms of any extension of oredit under this Enrollment may be revised or witindrawn at any time upon Microsafte Millen notice and non-payment within payment terms may result in the Enrolled Affiliate's Enrollment being placed on hold or terminated. Microsoft may, at its option, assess a finanica charge of the lesser of I % per month, or part thereof, or the highest amount allowed by law on all past due amounts from the first day the amount lis past due untif thie amount is paid in full, and will be 1payable on demand, Enrolled Affiliate muist make all payments In the form of bank wire transfers or electronic fundstransfers through an automated clearinghouse wrath electronic remittance detail, in aiccordanois with the payment ilnstructiions Microsoft provides on its invoice to Enrolled Affiliate, PLEASE NOTE: At (tie start of each term of an Enrollment, price ievels are established for that term based upon terms in the applicable Agreement and Enrollment, For Direct Enrollments, final pricing is established by the licensing Microsoft affiliate based on the applicable price fevols and other factors. For indirect Enrollments, final pricing is owablished by die Custornes reselter based on the applicable price levels and other factors, Therefore, Customers should not expect to, receive the same pricing across different Eninaflatents, particularly when the Enrollments are under different channel models (Direct and Indired), If an Affiliate is not Included under this Enrollment, but signs a separate Enricillment, Met AffiliaN nNay be slobject to pricing other than what has been established in this Enrollment While the payment On an initial order and any Order for Online Services may be spread annualty across the term of the Enrollment, any subsequent additional product and true -up orders for License & Software Assiuraince are invoiced in total unless otherwise specified, Method for determining Enrolled Affiliate's price levels is desihbed In the Agreement and Enrotliment ihs Customer Price Sheet is confldenitiat between the licensing Microsoft Affiliate and Enrolled) Affiliate, However, Enrolled Affiliate must provide the signed final CustornarPrice Sheet to Enrolled Affiflate's Software Advisor, The Software Advisor will in turn submit the Customer Price Sheet along with the complete and signed Enrollment to the Microsoft Affiliate to process for billing. The City of Saint John. by sighing the signature forri page, acknowledges that it has read the enrofliment referred to In the CUSIOMOr Price Sheet fincluding any amendments to that enropment). Refer to Me enrollment fair a description of payment terms. All pricing and other terms are subject to change by Microsoft at any l4ne until execution and delivery by all parties of the final enrollment and all other necessary legal documentation, Please do not sign the signature formilcover page or process this price shieet unless Final Price Shaef is indkalad on top of the first page. After a Cu5tomar with on -premises Product Licenses transitions to Online SoMoos, the Ciusloqwr rinay. at Customers option transition back to their original product Licenses, If you wish to transition back to youron-preirmses Product License, please contact your' A=u:nit Manager, License Advisor, or Reseller for assistance. W0;PLS$l .Bl ;GO;YO:R(PO,BD�O�M,O,:BDSLOBMO;BEO:r:O,IBVOIBDGMO;BOGMO E -IN Page 12 of 12 MS Quote Enterprise Enrollment Product Selection Form licrosoft I Volume Licensing Proposal ID Enrollment Number 096527 8.003 1 Products and Enterprise Online services USLs: Unless otherwise indicated in associated contract price level set using the highest quantity from Groups 1 through 4. EA-EASProdSelForrn(WVV)(ENG) Page I of 2 IMS Quote Enterprise Enrollment Product Selection Form Additional Product Application Pool: Unless Otherwise indicated in associated contract documents,, Price level set using quantity from Group 1, Additional Product Server Pool: Unless otherwise indicated in associated contract documents, Price level set using the highest quantity from Group 2 or 3, D Additional Product Systems Pool: Unless othenvise indicated in associated contract documents, Price level set using quantity from Group 4. D Unless otherwise indicated in the associated contract documents, the price level for each Product offering I pool is set as described aBove, based upon the quantity to price level mapping betow:. 20MM/C 2,399 and below A 2,400 to 5,999 B 6,000 to 14,999 C 15,000 and above D Note 1: Enterprise Onfine, Services may not be available in all locations. Please see the Product List for a list of locations where these may be purchasedi. Note 2. Unless otherwise indicated un associated Agreement documents. the CAL selection must be the same across the Enterprise for each Profile, -iZte 3. Enrolled Affiliate acknowledges that in order to use a third party to reiimage the Windows Operating System Upgrade,Enrofled Affilbte must certify that iit has acquired qualilying operating system licenses. The requirement applies to Windows Enterprise Cis Upgrade,See Product Terms for details. Note 4: if Enrolled Affiliate does not order an Enterprise Product or Enterprise Online Service associated with an applicable Product pool, he price level for Additional Products in the same pool will be price level "A' throughout the term of the Enrollment, PA -I ASProd$e$Forrn(WW)(ENG) Page 2 of 2 MS Quote PROCLAMATION WHEREAS: The United Nations Declaration on the rights of indigenous Peoples (UNDRIP) was adopted by the United Nations General Assembly during the 62nd session, September 13, 2007; and WHEREAS: On November 12d', 2010, the Government of Canada endorsed the UN Declaration; and WHEREAS: since Sunday, June 21, 2020 is National Indigenous Peoples Day in Canada. NOW THEREFORE: I, Mayor Don Darling, of Saint John do hereby proclaim June 21, 2020, as National Indigenous Peoples Day, in the city of Saint John. In witness whereof I have set my hand and affixed the official seal of the Mayor of the City of Saint John. E:11.1 May 22, 2020 His Worship Mayor Don Darling and Members of Common Council Your Worship and Councillors: SUBJECT: Rezoning 191 Red Head Road On April 20, 2020 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its May 20, 2020 meeting. The staff planner, Kenneth Melanson of Growth & Community Development Services provided a presentation outlining the report and recommendation. The City of saint John The applicant, Sandor Torok, appeared before the Committee in agreement with the staff report and recommendation. He also provided additional details on his proposal and responded to questions of the committee. No one else spoke on this matter at the meeting. One letter of objection and three letters of support were received for this application. After considering the matter, as recommended by staff, the Committee resolved to recommend to Common Council to rezone the property and to apply the recommended Section 59 conditions. RECOMMENDATION: That Common Council rezone a parcel of land having an area of approximately 6574 square metres, located at 191 Red Head Road, also identified as PID Number 00344929, from Rural Residential (RR) to Rural General Commercial (CRG). 2. That Common Council, pursuant to the provisions of Section 59 of the Community Planning Act impose the following condition upon the development and use of the parcel of land having an area of approximately 6574 square metres, located at 191 Red Head Road, also identified as PID Number 00344929: Page 1 of 2 87 Sandor Torok 191 Red Head Road May 22, 2020 (a) the parcel of land will be restricted to the following uses as identified in the Rural General Commercial (CRG) Zone of the City of Saint John Zoning By-law: • An artist or craftsperson studio; • Bed and breakfast; • Dwelling unit, subject to paragraph 11.11(3)(b) of the Zoning By- law; • Home occupation, subject to section 9.9 of the Zoning By-law; • Secondary suite, subject to section 9.13 of the Zoning By-law; • Supportive housing, subject to section 9.14 of the Zoning By-law; • Vehicles sales, incidental, with a maximum of five vehicles on the lot at any one time; (b) only one of the above land uses mentioned in 2(a) can be established on the site, in addition to a residential dwelling, at any one time. Respectfully submitted, Alexandra Weaver Crawford Chair Page 2 of 2 88 The City of Saint John Date: May 15, 2020 To: Planning Advisory Committee From: Growth & Community Planning Growth & Community Development Services Meeting: May 20, 2020 SUBJECT Applicant: Sandor Torok Landowner: Sandor Torok Location: 191 Red Head Road PID: 00344929 Plan Designation: Rural Residential Existing Zoning: Rural Residential (RR) Proposed Zoning: Rural General Commercial (CRG) 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 recommendation at a public hearing on Monday, June 8, 2020. Page 1 of 6 89 Sandor Torok 191 Red Head Road May 15, 2020 EXECUTIVE SUMMARY Sandor Torok (the applicant) is seeking to establish a small car sales lot on the subject property. Mr. Torok has lived at the site for several years. The proposed car sales business, if approved, would be secondary to the ongoing residential use of the lot. The applicant has illustrated a nine -metre area adjacent to the dwelling where the proposed vehicles would be located. He has also identified a small area at the rear of the existing dwelling that he would dedicate as office space for the proposed business. The City's Municipal Plan contemplates limited small-scale commercial uses in the rural residential areas of the City, providing the residential character of these areas is preserved. Staff recommend approval for the proposed rezoning as the intended use will be secondary to the primary residential function of the property, and will be located at approximately 50 metres from Red Head Road. Further, Section 59 conditions have been proposed that will restrict the use of the lot to a list of uses identified in the Rural General Commercial (CRG) zone that would have no apparent negative impact on the surrounding community. RECOMMENDATION That Common Council rezone a parcel of land having an area of approximately 6574 square metres, located at 191 Red Head Road, also identified as PID Number 00344929, from Rural Residential (RR) to Rural General Commercial (CRG). 2. That Common Council, pursuant to the provisions of Section 59 of the Community Planning Act impose the following condition upon the development and use of the parcel of land having an area of approximately 6574 square metres, located at 191 Red Head Road, also identified as PID Number 00344929: (a) the parcel of land will be restricted to the following uses as identified in the Rural General Commercial (CRG) Zone of the City of Saint John Zoning By-law: • An artist or craftsperson studio; • Bed and breakfast; • Dwelling unit, subject to paragraph 11.11(3)(b) of the Zoning By-law; • Home occupation, subject to section 9.9 of the Zoning By-law; • Secondary suite, subject to section 9.13 of the Zoning By-law; • Supportive housing, subject to section 9.14 of the Zoning By-law; • Vehicles sales, incidental, with a maximum of five vehicles on the lot at any one time; (b) only one of the above land uses mentioned in 2(a) can be established on the site, in addition to a residential dwelling, at any one time. Page 2 of 6 90 Sandor Torok 191 Red Head Road May 15, 2020 DECISION HISTORY The City's property files, which date back to 1979, do not contain any information concerning the subject property. ANALYSIS Proposal The applicant is seeking to rezone the subject site at 191 Red Head Road from Rural Residential (RR) to Rural General Commercial (CRG) in order to facilitate the establishment of a used car sales operation for up to five vehicles as a secondary use to the existing use of the lot as a single -unit dwelling. The applicant has lived at the subject property for several years and is now seeking to establish a used car sales lot on a portion of the property, while retaining the residential component of the property as the primary function. The proposed zone, Rural General Commercial (CRG), permits "vehicle sales, incidental" for up to five vehicles. The submitted site plan illustrates an approximate nine -metre space between the dwelling and garage (Submission 1) that, if approved, would be dedicated to the sale of vehicles. The vehicles would be parked on a paved surface facing Red Head Road, which is approximately 50 metres from this area of the property. The applicant has indicated that he plans to dedicate a small area in the rear of the existing dwelling as an `office space' for the proposed business (Submission 2). This area would be an approximate nine square -metre space accessed from the rear entrance of the dwelling. Finally, the applicant is proposing to place a small sign in the front yard area to promote the business. Site and Neighbourhood There is a mixture of land uses in this part of the City, including residential, commercial, industrial, public utilities, and a provincially designated wetland area. The block of Red Head Road containing the subject site is characterized by low-density residential development with some dwellings dating back to the beginning of last century. Mid-sized to large lots are typical in this area, with most dwellings overlooking Courtenay Bay. The site is approximately 600 metres from the Bayside Drive and Red Head Road intersection. The context for a small-scale vehicle sales business has been established previously in this area of Red Head Road. In 1992 the lot at 89 Red Head Road was rezoned to a local commercial zone to permit the establishment of a motorcycle sales and repair business. Originally established as a local convenience store in the mid-1970s, the property at 119 Red Head Road is also located in a commercial zone. Staff have no record of complaints submitted regarding the commercial operations of businesses at these properties in the past. The site is accessed by a long, winding driveway that terminates at a large three -car garage. The house is situated in the middle of the large lot, setback approximately 33 metres from the Page 3 of 6 91 Sandor Torok 191 Red Head Road May 15, 2020 front property line, and elevated approximately 15 metres above sea level. The property includes a small shed adjacent to the garage, as well as several wooden pallets stored at the rear of the lot. In addition to the vehicles on the lot owned and used by the applicant, various other vehicles in differing states of repair are also located on the property. Municipal Development Plan and Rezoning The subject site is located in the Rural Residential (RR) zone, approximately 55 metres from the boundary of the Primary Development Area (PDA). The land use designation established by the City's Municipal Plan is Rural Residential as the property is an existing residential lot located outside the PDA. The Plan contemplates commercial land uses in the Rural Residential land use designation where they are able to complement the residential character of the neighbourhood. The Plan directs Council to consider the need to protect the character of the rural residential areas of the City when new land uses are proposed. Introducing land uses that are fundamentally incompatible in the rural residential context can contribute to the slow deterioration of the residential fabric of these areas over time. Conversely, the inclusion of some commercial land uses can help strengthen a rural neighbourhood by introducing appropriate commercial options that are accessible to rural residents to serve their needs, or provide small- scale employment for residents. In this spirit, the Rural General Commercial (CRG) zone identifies several land uses that are able to complement an existing residential neighbourhood. The zone is designed to offer commercial opportunities in the rural neighbourhoods of the City without compromising the strength and sustainability of the commercial and mixed-use areas within in the PDA, which are identified as the focused areas for growth over the lifespan of the Plan. Among the commercial uses in the zone, the establishment of a vehicle sales lot for up to five automobiles is listed as a permitted use. Limiting the number to five or fewer allows the principal use of the lot, which in this case would remain residential, to continue as the dominant use. At this scale, staff believe that the proposed business would have minimal impact on the quality of life for neighbouring residents. The proposed area for the sale of vehicles is located at the top of the driveway, approximately 50 metres from Red Head Road. This part of the site is elevated approximately 15 metres from sea level and situated behind some natural features of the site. Locating the car sales operation to this area of the property further mitigates any potential visual impacts of the proposed use. The aesthetics of the property would remain residential in nature and would not lend an appearance of commercial encroachment into the neighbourhood. The applicant has indicated that he intends on installing a free standing sign at the front of the property to promote the presence of the proposed car sales business. The Zoning By-law requires a minimum three -metre front yard setback for a free-standing sign in the Rural General Commercial (CRG) zone. Page 4 of 6 92 Sandor Torok 191 Red Head Road May 15, 2020 Staff recommend that Section 59 conditions be adopted that restrict use of the lot to an appropriate list of uses identified in the Rural General Commercial (CRG) zone. These uses, if established at some time in the future, would have no apparent negative impact on the surrounding neighbourhood. Finally, staff are aware that there are some items on the property that should be removed to ensure the aesthetics of the site are reflective of the community standard, and in keeping with the surrounding context of a residential neighbourhood. Staff have been in discussions with the applicant regarding the need to remove some items from the lot prior to the establishment of the proposed vehicle sales operation, to which the applicant has indicated he is willing to comply. Historic aerial photos of the property suggest that the property has not been unsightly in the past, nor does there appear to have been vehicles stored on the site during these times. There is no record of complaints being issued against the property. Conclusion The Municipal Plan supports limited commercial land uses in the Rural Residential areas of the City, based on the ability of the proposed use to preserve the existing residential character of the neighbourhood. Staff believe that the scale of the proposed use, which is limited to a maximum of five cars for sale on the lot at any one time, would be non -disruptive to the surrounding area. The existing context of the area, with pre -established commercial uses in close proximity to the site also supports this proposal. Staff recommend conditions that limit the use of the site to a list of uses identified in the Rural General Commercial (CRG) zone that are in keeping with the residential context of the surrounding community. ALTERNATIVES AND OTHER CONSIDERATIONS That Common Council not give third reading to the rezoning until confirmation is received from staff that any unsightly items have been removed from the lot. ENGAGEMENT Proponent The applicant visited residents living in the immediate area of the subject site in mid-February to advise them of his proposed rezoning application. As a result, staff have received three letters of support from neighbouring residents (Submission 3). Public 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 May 8, 2020. The rezoning was posted on the City of Saint John website on May 15, 2020. Page 5 of 6 93 Sandor Torok 191 Red Head Road May 15, 2020 APPROVALS AND CONTACT Author I Manager I Commissioner Jody Kliffer, MCIP, RPP I Ken Melanson , BA, MCIP, RPP I Jacqueline Hamilton, MCIP, RPP Contact: Jody Kliffer Telephone: (506) 658-4528 Email: Jody.Kliffer@saintjohn.ca Application: 20-015 APPENDIX Map 1: Site Location Map 2: Future Land Use Map 3: Zoning Map 4: Aerial Photography Attachment 1: Site Photography Attachment 2: Municipal Plan Policy Review Submission 1: Site Plan Submission 2: Floor Plan Submission 3: Letters of Support Page 6 of 6 94 mc"<� Map 1 - Site Location 95 Sandoir'Toirolk - 191 Red Head Road 44100/0 The City of Saint John Date, 1February 20, 2020 0 150* a LCI it Map 2 Future % % % d Use Sandoir'Toirolk - 191 Red Head Road The City of Saint John Date, 1February 21, 2020 0 150 m R (CG) General Commercial (RU) Rural (CL) Local Commercial (RR) Rural Residential (IH) Heavy Industrial (IM) Medium Industrial (R2) Two -Unit Residential (US) Utility Service Map 3 - Zoning Sandoir'Toirolk - 191 Red Head Road Section 59 Conditions The City of Saint John 97 Date, 1February 21, 2020 0 50 m L ------- j ° G < � \ Mp 4 ^ Aerial 2'Photography /to \\ph Date- �February 24, 2020 a dof °?r52 - i( 2°« Head Road _ The City of Saint John Date, Marchi 9, 2020 4 T If \/ I i Lill WO X.. Development Services To Whom it may concern; I Chelsea Furlotte am writing about Sanclor Torok who resides at 191 Red Head Road Saiint John, NB E2P 1JI I reside beside Mr. Torok, a,nd are supporting his application for a 'Used Car Sales License at 191 Red Head Road, Saint John, NB. Sincerely, 2 Chelsea Furlotte bM Date: 102 OVINOWNEW ONE =41 SI Ong= Wam Development Services To Whom it may concern; We Denise Daigle and Paul W Elson are writing about Sandor Torok who resides at 191 Red Head Road Saint John, NB E2P 1,13. We reside beside Mr. Torok, and are supporting his application for a Used Car Sales License at 191 Red Head Road, Saint John, NB. Sincerely, Denise Daigle Date: Paul W Elson Date: o WN AFMIM-EIRMN 0 M-flnuolamm *42= Development Services To Whom it may concern; I Michael Hanson am writing about Sanclor Torok who resides at 191 Red Head Road Saint John, NB E2P 1JI I reside beside Mr. Torok, and are supporting his application for a Used Car Sales Sincerely, Michael Hanson Date IiIIIIII 105 _. ,, �� , �� m,° �. �. .� �,� �� ._ iROIIM=Ak 4,1M. 51 5T.4, I Growth & Community Planning Team Growth & Community Development Services WIN M.2 Proposal Map 1 -2:t\Location 109 Sandor Tbrok - 191 Red Head Road The (-,Ay of Swint John DW,R PAarch 13, 2020 0 150 r ilr P �INi 1111111 II r I, / y i El isD] I 11,04 1 a +1.2. The Q�y of Samt John �Mapi 4 - Aerial Photography Dafe� Februa�y 24, 202a, Saindor Torok - 191 IRed IHead Road M4,111,0416MO60, Front Yard 6 112 Display area for car sales IM1111,0416MO60, 113 lullyliNamseN. The, � 10,v cA Sa�nl J(cOwi Map 2', -, Future Land Use D,--,te Pebruaiy 21, 2020 Sa ind or Torok -1 1 Red lHlead IR oa d u"I L--------------------- -- 114 IM111,10glamseN. C(r)G(, I t,IJfXji jrlvefl;ial4R'l f� Mo,'ql ((,I L u c3l C o m mamal Fiurk l Resxleilul (11-1) ',�iv� (I NI 'Aedmim t ndusYma� (PuJ Tvv�i l I ll)pX vc,*Irf l;( al Map 3 - Zoning Sa ndl oir Toir ok - 1911 R Pdl Head R oa id X * SeC[rn. (rn(Viom, The C,4Ly cif S,iirt �Inhn 115 Staff Recommendation to PAC •lip 1•• ••� ,* Website public notice posted May 15, 2020. 11 MA 1. That Common property to CRG; an• Common2. That ! proposed Section 51,#j'. 12 iMF:3 Cl VIC AD D RESS ME 0' xv OMNI, HERiTAGE AREA: Y N I NTENSI FI CATI ON AREA: Y N FLOOD RI SK AREA: Y l N APPROVED GRADING PIAN) Y N APPLICATICN#: Diff � DATE REC UVED� L RECEIVED BY: APPLI CANT EMAIL 9' 'PHONE ;f'MAILING ADDRESS -D C') POSTAL CODE q 1 V_ p �A_ r> UT� H �j PHONE CONTRACTOR EMAIL MAILING NG ADDRESS POSTAL CODE OWNER EMAIL PHONE LING ADDRESS POSTAL CODE PRESENT USE: PROPOSED USE: I NTERiOR RENOVATION NEWCONSTRUCTION [:]VARIANCE STREET EXCAVATION HERITAGE DEVELOPMENT EXTERIOR RENOVATION ACCESSORY BLDG PLAN MNG LE17ER []DRIVEWAY CULVERT HEMTAGE SIGN F]POOL �PACAPPLICATION HERITAGE INFILL ADDITIONDRAINAGE DECK DEMOLITION COUNCILAPP WATER & SEW ERAG E H EMTAGE DEMO E] CHANGE OF USE SIGN OSUBDIVISION OTHER OTHER MINIMUM ST ANDARDS OTHER 0 OTHER F-11 consent to the City of Saint John sending tome commercial electronic messages, from time to time, regarding City initiatives and incentives. General (014,ction Vdifement 1'fus mfornumop� Is heing collected In orderjol. dic" ( a), (?f Saml John lo dehver an exiving progran� serv�', the collecuon u lonited ho that whwh es Tier' Oar ddr, cr rhe pn�)grwn wrilwe r requirol ro do so ljp+ haw, ih4' Ciq, of S'onv ,lAn � X not shapv your personal p nfia-mu a on v, rh aray thin/ pear ti) ui r rho w p p ur Lap ress o m,5 enr liehgo I a 14 rhuwl ry fi) r t r'flecf r 0rg 1h "V r prfi" op u I (a ()n is to he furor d en rh ( R ho I rc rpal� I res ,oar and 117c Righ I to h rfi rpna ly on and I 'ro te e darn trf Prn we i, A , i. I 'or , /ariher nnfi, rnguo opi 0 1' q ueVy ons ata ' flail Building Srh Moor - 15NIarketS*quare ,Slam John, 1W13 b.21. IL'N (506) 65N-2rd02 1, the uncjersiqned, hereby oppfy for the perrr4sf or opprcvoi(s), indicated above for the work OeSarine(l on pians, wbmissions and forms heiewHh Rbrniltled Ibis app6c&on indudes all relevant documentation necessary for She applied l:or Dat=rnvrtlCvj or approvo4ls). r agree to comply with the ptans, specificat;ans and further agree fo comply with a8d refevant 0ly By-laws and conditions lrnposed 119 Appficart Nome 2 Appl-Cont Signature Date Council, Application 'I iiint shqp GROWTH & COM UNITY DEVELOPMENT SERVlCES CITY OF SAiNT JOHN . ..... APPLICATION,# C M1C ADDRESS I . . . ....... E) Land for Public Purposes Non -Conforming Use Release Service Fee$200 Service Fee: $300 Section 39 Amendment Zoning By-law Amendment Service Fee: $,2,500 Service Fee: $2,500 E3 Satisfactory Servicing Service Fee: $200 Zoning By-law Amendment with a Municipal Plan Amendment Service Fee: $3,500 DETAILED DESCRIPTION OF APPLICATION Whero-o "cable, indicate the change �eg��,p Secth'p 39,tondjtjpnA,,;z,6ninq,, or Municipal Man dias gnsfio,, J pli 'ubitiissi''h, of tans, or dowmente r~ tta ellevatioi oor planes, other to, fultly des&64'the"�'aoi " cofi@�, The's, 9 pr l tmina op jor to seekih4, ,o A a One -Stop 'a n oetil imi,nary bpos�W and a Pre-Apj ,d n oetingilsencoura§edpr app�ovaj. kei;6"c htact Development Shop at (506) 658-2,911 for further infibri'm'ation. .. .. . ...... ..... .............. . . .. .......... AUTMORIZATION As of the date of this application, 1, the undersigned, am the registered owner of the land deschbed 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 additional information that will be necessary for this application, Registered OwneKor Authoriie—d 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. 0491 M Siandor Torok 191 Read Head Road Saint John, NB E2P 1J3 506-609-1307 on= To Whom it may concerij I Sandor Torok am applying for a Used Car Sales Dealer License. The location would be at my above residential address ( with rezoning). I have worked as an Automotive Service Technician (Mechanic) for 40 plus years. Unfortunately in September of 2019 1 inj�ured my left hand in an accident. This will make it almost impossible to do my job as a Vehicle Mechanic. So that being, said, having a used car dealer licence would enable me to continue working and supporting myself., M =.. Sandor Torok 121 \/ I i Lill iW 4 T If `P491 1/1-45pervice Brunswick To/Desfillalmi re: RED HEAD MOTORS 191 RED H EAU Road SAINT'JOHN NB E2P 133 Ile: Business Number (13N) ecount Number 'rhe above Business Name ]iris been assigped the Ulo,ving BN account number Objet. Num6ro de compte du 1111111111111ero Wentreprise (NEI) pour le Notiveau-Brunswick Le IlLIM6ro de compte SUivant a &6 assigne A la COI-POI-afi011 SUSIllentionnee: 757299532NPOOOI The Government of New 131-Unswick arid the Canada Revenue Agency (CRA) have agreed to Use tile BN as a common business iden6rier. Over the coming montlis the government will continue to phase in LISC ofthe 13N with provincial departments and agencies. The corperation or its agent inay be requested to provide the assigned BN when registering for provincial programs or applying for various fiCCUCS and permits. Please Use tK�- BN provided above, when reqIiested, M failLII-e to do so may lead to delays in the processing ofapplications, Le gOLIvernement du NOLIveau-Brunswick el. PAgence dir reverill du Canada (ARC) ont convenu d'LltiliSel- le nuin&o d'entreprise (NE) a titre d'identifiCateUr d'entreprise commun. ALI COLKS CICS prochains rilois, le gouvernernent d LI N OUVCa U- B I'LL Lis w I c k coo t 111 LI era Saccroitrc graduellement I'Litifisation du NF Ml scin de ses ministries et de ses organismes. La corporation OU Soil agCIl1 pourrait devoir 1`01.11`rlir le num6ro de compte susmentionn6 au morrient de presenter Line dernande clans le cadre (I'Ll I) programme provincial OU POUr obtenir' Lille liCe[ICC OU UTI perlllis. veudlez Utiliser le 111,11116'ro Sentreprise qui vows a &,te assigT16 lorsqu'on vows le demandera, sinon le traitement de vos demandes POUrrait &tre retards:. Corporate Regrklry / Regisire corporatif Tel ff �Idphone (506)� 453-2703 11.0. Box NIM Fax/]'�,Iecojmcur, (506)433-26t3 Fredericton, Nil Imp //%vmv.snb u Canada F311 5Gl M111 C<Ise posL ale 1998 Fredericion. NB Canada E31i 5GI 125 X.. Development Services To Whom it may concern; I Chelsea Furlotte am writing about Sanclor Torok who resides at 191 Red Head Road Saiint John, NB E2P 1JI I reside beside Mr. Torok, a,nd are supporting his application for a 'Used Car Sales License at 191 Red Head Road, Saint John, NB. Sincerely, 2 Chelsea Furlotte bM Date: 126 OVINOWNEW ONE =41 SI Ong= Wam Development Services To Whom it may concern; We Denise Daigle and Paul W Elson are writing about Sandor Torok who resides at 191 Red Head Road Saint John, NB E2P 1,13. We reside beside Mr. Torok, and are supporting his application for a Used Car Sales License at 191 Red Head Road, Saint John, NB. Sincerely, Denise Daigle Date: Paul W Elson Date: o Iii 11101IN AFMIM-EIRMN 0 M-flnuolamm *42= Development Services To Whom it may concern; I Michael Hanson am writing about Sanclor Torok who resides at 191 Red Head Road Saint John, NB E2P 1JI I reside beside Mr. Torok, and are supporting his application for a Used Car Sales Sincerely, Michael Hanson Date lim-11 X Al arra Fr Of"4 S If voj,� 9 tir 5SO 9 00000l 00, Map Scale/ tchelle cartographique I : 17 8 2 While this map may not be free from error or omission, care has been taken to ensure the best possible quality. This map is a graphical representation of property boundaries which approxirnates the size, configuration and location of properties. It is not a survey and is not intended to be used for legal descriptions or to calculate exact dimensions or area. Wme si cefte carte West peut-iRre pas libre de tou�te erreur ou omission, toutes, les pr6cautions ont &6 prises pour en assurer W meilleure qualit6 possible. Cefte carte est une representation graphique approximative des terrains (limiter, dimensions, configuration et emplacement). Elie n'a aucun caract6re officiel et ne doit done pas seMr 6 la redaction de la description 129 PROPOSED ZONING BY-LAW AMENDMENT RE: 191 RED HEAD ROAD 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 meeting to be held via web conference on Monday, June 8, 2020 at 6:30 p.m., by: Rezoning a parcel of land having an area of approximately 6,574 square metres, located at 191 Red Head Road, also identified as PID No. 00344929, from Rural Residential (RR) to Rural General Commercial (CRG), as illustrated below. PROJET DE MODIFICATION L'ARRETE DE ZONAGE OBJET: 191, CHEMIN RED HEAD Par les presentes, un avis public est donne par lequel le conseil communal de The City of Saint John indique son intention d'etudier la modification suivante a I'Arrete de zonage de The City of Saint John, par conference Web le lundi 8 Juin 2020 mai A18h30: Rezonage d'une parcelle de terrain d'une superficie d'environ 6 574 metres carres, situee au 191, chemin Red Head, et portant le NID 00344929, de zone residentielle rurale (RR) a zone commerciale generale rurale (CRG), comme le montre la carte ci-dessous. REASON FOR CHANGE: To allow for the incidental sale of up to five vehicles on the site. For details on how to participate in the Public Hearing, to inspect the amendment, or to register to participate, please contact the Office of the Common Clerk at CommonClerk@saintjohn.ca. Saint John Common Council meetings can be viewed online at https://www.youtube.com/user/saintjohnweb RAISON DE LA MODIFICATION: Permettre la vente accessoire d'un maximum de cinq vehicules sur le site. Pour savoir comment participer a I'audition publique, inspecter la modification ou de vous inscrire pour participer, veuillez communiquer avec le bureau du greffier commun a I'adresse CommonClerk@saintjohn.ca. Les reunions du conseil communal de Saint John peuvent etre consultees en ligne A https://www.youtube.com/user/saintjohnweb. W191 Written objections to the amendment may be sent to the undersigned at City Hall or via email at commonclerk@saintjohn.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 Veuillez faire part de vos objections au projet de modification par ecrit au soussigne a I'hotel de ville ou par courriel a I'adresse 22rn maulirk@iu.tjrlhu . 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 131 BY-LAW NUMBER C.P. 111-OXX A LAW TO AMEND THE ZONING BY-LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: The Zoning By-law of The City of Saint John enacted on the fifteenth day of December, A.D. 2014, is amended by: Amending Schedule "A", the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 6,574 square metres, located at 191 Red Head Road, also identified as being PID No. 00344929, from Rural Residential (RR) to Rural General Commercial (CRG). - all as shown on the plan attached hereto and forming part of this by-law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by- law the * day of *, A.D. 2020 and signed by: Mayor/Maire ARRETE No C. P. 111- ARRETE MODIFIANT L'ARRETE DE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une reunion du conseil communal, The City of Saint John a decrete ce qui suit : L'arrete sur le zonage de The City of Saint John, decrete le quinze (15) decembre 2014, est modifie par: La modification de I'annexe «A», Plan de zonage de The City of Saint John, permettant de modifier la designation pour une parcelle de terrain d'une superficie d'environ 6 574 metres carres, situee au 191, chemin Red Head, et portant Ie NID 00344929, de zone residentielle rurale (RR) a zone commerciale generale rurale (Rural General Commercial (CRG). - toutes les modifications sont indiquees sur le plan ci-joint et font partie du present arrete. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le 2020, avec les signatures suivantes Common Clerk/Greffier communal First Reading - Premiere lecture Second Reading - Deuxieme lecture Third Reading - Troisieme lecture `19% From: timothy hinam [mailto:t mo19840hotmail.com] Sent: May -19-20 9:09 PM To: External - CommonClerk Subject: Rezoning of 191 redhead road Good afternoon My name is Tim Hinam and I live on Midwood Ave, which is just before the property that is being proposed to be rezoned to vend used vehicles. I am slightly concerned about potential increase in traffic in area, especially on my street where test drive traffic could go. Our street is a short dead end road and we do not have a lot of traffic on a regular. As such, the children (during more normal times) play outside and traverse the street to go to the small playground on our street. Also halfway up the road ( Midwood Ave) there is a crest to a small hill where view on other side can be obstructed and is not marked with a blind hill sign. Traffic coming onto our street unaware does not know the layout and how residents operate and use street in our quiet neighborhood. Thank you for the opportunity to voice my opinion/concern. Sincerely Tim Hinam Resident on Midwood Ave. BY-LAW NUMBER L.G. 4-1 A BY-LAW RESPECTING THE CLOSING OF ROADS, STREETS OR HIGHWAYS IN THE CITY OF SAINT JOHN Be it enacted by the Common Council of The City of Saint John as follows: A By-law of The City of Saint John entitled, "A By-law Respecting The Closing of Roads, Streets or Highways in The City of Saint John", enacted on the eleventh day of March, A.D. 2019, is hereby amended by adding thereto Section 2 immediately after Section 1 thereof, as follows: 2 The City of Saint John does hereby stop up and close permanently the following street: FAIRVILLE BOULEVARD: All that portion of Fairville Boulevard, a public street in the City of Saint John, in the County of Saint John and Province of New Brunswick, comprising 476 square metres as shown on a Plan of Survey titled, "Survey Plan Portion of Fairville Boulevard, City of Saint John, Saint John County, Province of New Brunswick," prepared by Don -More Surveys & Engineering Ltd. and dated March 5, 2020 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. 2020 and signed by: ARRETE No L.G. 4-1 ARRETE RELATIF A LA FERMETURE DES CHEMINS, DES RUES OU DES ROUTES DAN THE CITY OF SAINT JOHN Lors dune reunion du conseil communal, The City of Saint John a d&cr&t& cc qui suit : Par les pr6sentes, 1'arr&6 de The City of Saint John intitul&, « Arr6t& relatif a la fermeture des chemins, des rues ou des routes dans The City of Saint John», d&cr&t& le 11 mars 2019, est modifi& par 1'ajout de Particle 2 imm6diatement apr6s Particle 1, comme suit: 2 Par les pr6sentes, The City of Saint John barre et ferme de fa�on permanente la rue suivante : BOULEVARD FAIRVILLE : Toute la partie du boulevard Fairville, une rue publique dans la ville de Saint John, court& de Saint John, dans la province du Nouveau -Brunswick, d'une superficie d'environ 476 metres carr&s comme le montre le plan d'arpentage intitul6 « Partie du plan d'arpentage indiquant le boulevard Fairville, ville de Saint John, court& de Saint John, province du Nouveau - Brunswick », pr&par& par Don -More Surveys & Engineering Ltd. et dat& du 5 mars 2020, joint aux pr6sentes. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le pr&sent arr6t& le * * * * * * * 2020, avec les signatures suivantes : Mayor/Maire Common Clerk/Greffier communal First Reading - May 25, 2020 Premiere lecture - le 25 mai 2020 Second Reading - May 25, 2020 Deuxi&me lecture - le 25 mai 2020 Third Reading - Troisi&me lecture - R011! COVID-19 Financial Impact Update 4)"' SAINT JOHN June 91h 12024 ■P17 Change in Assumptions From Previous Update 7.0 O 08 5.0 m m w 1.0 w April 141h 2020 Forecast Update May 151h, 2020 Update $5.0 Million Projected Revenue 137 June 91h 12020 Update $4.7 Million SAIG*T1' 7(7HN waft ksudget Shortfalls Across the Country PMERAN10110 FVX!4AATP0IN OF CANADIAN CMAO III QV$ FC M 'ZW(�PAUTMS MIJNICIPAUX(S ... ....... PMERAN10110 FVX!4AATP0IN OF CANADIAN CMAO III QV$ FC M 'ZW(�PAUTMS MIJNICIPAUX(S -$2.0 -$1.0 $0.0 $1.0 $2.0 $3.0 $4.0 $5.0 $6.0 $7.0 $8.0 Millions 139 SAIG*T1' 7(7HN 1, Wages wrid B&riefit,s uiiiiii NA a in a g e im e it t ■ Ilinslide Workersuuuuui Outss i Workers uuuuu Casuak uuuuu Illi c, e m ': litre m :j e in e ht 140 SAIG*T1' 7(7HN Goods & Services 174.734 — A— iiiiiiii Sand andIIS ■ "IFir ave II & ""IFir li ire li ire g uuuuui II: � s e II MITI uuuuu Asphak uuuuu VeNcle ':� e i nta II': A s st II': it t (P - SAINT' JOHN Conclusion COUNCIL REPORT M&C No. M&C 2020-144 Report Date June 03, 2020 Meeting Date June 08, 2020 Service Area Transportation and Environment Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Amended Sports Field Service Restoration Plan OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Tim O'Reilly Michael Hugenholtz John Collin RECOMMENDATION Your City Manager recommends Common Council endorse the amended service restoration plan for sports field maintenance as presented in M&C 2020-144. EXECUTIVE SUMMARY This report recommends an amended sports field maintenance service restoration plan. The City is considering financial and safety factors in restoring services during the COVID-19 pandemic. These factors remain fluid with the changing nature of the pandemic itself. A recent updated review of the City's financial status has identified funds available to support restoration of more services including maintenance of City sports fields from an "asset management", in which we are currently resourced to provide, to a "playable standard". The new proposed operating model in 2020 still requires continued co-operation with the user group organizations but less so than what was proposed at the May 25, 2020 Council meeting. PREVIOUS RESOLUTION Common Council endorsed an updated City Service Restoration Plan at its May 25, 2020 meeting. REPORT Each year the City maintains 7 City -owned multi-purpose fields and 13 City - owned ball diamonds as well as contributes to the maintenance of 8 school district multi-purpose fields and 2 school district ball diamonds. Hourly rental fees charged to sports field user groups recover some (less than 20%) of the M91 -2 - costs to operate and maintain these fields. City taxpayers subsidize the remaining costs. COVID-19 has impacted the City in many ways. Reduced revenues has caused the need to reduce costs as the City is not permitted to incur a deficit. Restoring City services is also far from "business as ususal" as an additional layer of safety protocols are needed in many cases to help mitigate the spread of this disease. Similar to many municipalities across the country, various City Parks & Recreation services are being particularly impacted as a result of the pandemic. First, these services often encourage the public to come together to participate in activities; this is exactly the opposite of the general advice being provided by health officials during the pandemic. Second, allowing the return to a sense of normalcy by re -instating some Parks & Recreation services, while maintaining safety during the pandemic, requires additional considerations from a facility (City) perspective and a participant (sports organization) perspective, that also change with the Province's multi -phased Recovery Plan. Third, many City Parks & Recreation services are seasonal in nature, growing significantly in the Spring through Fall, requiring in a typical year the hiring of seasonal staff and procurement of additional goods and services to support the seasonal services. City staff has needed to consider the various factors described in the preceding paragraph as plans are created to restore Parks & Recreation services. Simply put, there is no "off the shelf" blueprint to follow in times like these. Sports field maintenance is one of the Parks & Recreation services that need to be viewed through these various financial and safety lenses. At the May 25, 2020 Council meeting a service restoration plan update was provided to Common Council for endorsement. Based on the latest financial update available at the time, City staff recommended suspension of the additional investment that would have been needed to bring and maintain the City's sports fields to a "playable" standard for 2020. The City would still provide asset protection services to sports fields, a similar approach being taken for other parks & recreation assets. An offer to consider community maintenance options to replace City efforts was made to completely fill the gap between the asset protection and "playable" standards. Another update to the City's financial status was completed June 1, 2020, with an improvement in status. Additional services, including the ability to provide some sports field maintenance investment, were assessed for restoration. City staff held a meeting with multiple sports field user organizations on the evening of June 1, 2020. The intent of this meeting was for City staff and these organizations to begin to work toward a plan to allow field sports to resume to some level in 2020, considering the continued financial uncertainty the City is facing during the pandemic and a co-operative approach that is needed to `E -3 - mitigate spread of COVID-19 with a return -to -play plan. Although this was an initial meeting with need for further discussion, City staff used the results of the meeting, as well as consultations with Moncton and Fredericton, to form an outline of a plan for 2020. The current state of this plan is as follows: • The City will not open several sports fields in 2020. The sports organizations will adjust down their field needs over the days following the June 1 meeting given confirmed and expected lower demand for field use and report back to City staff. City staff will then make the final call by deciding and announcing fields that will and will not be opened in 2020. Focus will be on opening fields at the City's four District Field complexes. Fields with lower use and/or greater preperation investments outside the District Facilities will be prioritized to remain closed in 2020. • Organizations are required to submit their Operational Plans, as required by the Province, for city staff review before any field access is granted. Any changes to the facility to accommodate organizations' plans need to be addressed co-operatively. Note several organizations are still working on their Operational Plans following development of more general plans by their provincial or federal parent organizations. • Fields are planned to be opened in two stages in 2020: o Stage 1 will be an opening for initial access once deemed safe for use by the City. Basic safety requirements will be met based on inspections of the fields by City staff. Instructional signs related to COVID-19 will be installed. Fields are expected to start becoming available for this access mid-June. Fees will not be charged during this stage. o Stage 2 will be the more typical opening where the fields are prepared by the City in line with City standards (mounds and infields prepped, lines drawn, more frequent mowing commenced, etc.). Fields are expected to start becoming available for this access in early July. Fees will be charged during this stage. • There was general consensus to re-evaluate at a future date field use for the "fall" season. Schools may or may not have fall sports. Higher contact sports such as football will need to be reviewed. With very limited exceptions, the City will not allow the summer season to extend into the fall season to make up for lost access in May/June. • Sports organizations' volunteers can assist with field maintenance in two general ways with this modified plan: o "Light" work to expedite field prep for the Stage 1 access following the City's inspection and identification of work needed. The City will let organizations know which fields and the type of "light" work needed as inspections are completed. Clean- up of garbage, general tidying, and clean-up of "dirt" on the fields are examples of work where volunteers can be used. Mal -4- o "Light" work during the season such as garbage pick-up and some of the disinfecting & cleaning work of frequently touched surfaces, particularly at non -District facilities. • Some progress on the above plan will be impacted by the timing of the Province's move to the second "Yellow" stage where low contact sports would be permitted: o City staff has begun working toward the Stage 1 opening of fields. City investment commitments can be managed. o The City will align committing to significant investments needed for Stage 2 preperation with indications the Province is moving to the second "Yellow" stage, potentially occurring by the time this report is presented to Council. This more conservative approach will be balanced with enabling as quick a turnaround time as possible to expedite preparations of the fields. STRATEGIC ALIGNMENT This report aligns with Common Council's priorities of investing in recreation, exploring service improvements through partnerships, and being fiscally responsible. SERVICE AND FINANCIAL OUTCOMES Although the intent is to implement Stage 1 and Stage 2 preparedness of City sports fields by the timelines indicated and meet defined established service delivery standards related to sports field maintenance throughout the season, City staff has cautioned the various organizations about the need for managed expectations given the uncertainty in 2020 on various fronts. City staff has estimated the net taxpayer investment required to enhance City fields from "asset management" to "playable" conditions based on an estimation of costs and revenues from field fees as well as an assumption of sports organization contribution to "light" maintenance activities. This analysis was completed in two scenarios, being with and without an assumption the City would be able to secure federally -funded students for delivey of this service: CCSTS Sceneriol (with fed funded st.udents)� Sceneriir2 (without fed funded students) Labour $56,60& $7131,000 Truck Rentall $4,0GG $4,GOG S011 11 $8.,0mT $8,Goa IFertiilfizer $6,400 $6,4100 Lights $13,600 $13,600 mlic. $141,400 $14,4100 SUBTOTAL $1a3,o0o $177,40�a REVEINJES $75,6fr0 $75,000 Difference (Met taxpayer subsiidizatiionj,. $28,QFN0 $102,4400 -5 - City staff estimate between $28,000 and $103,000 of City taxpayer investment will be needed to bring and maintain sports fields to a playable standard, depending on if and how many federally funded students can be confirmed to reduce labour costs. City staff have identified several continuous improvement opportunities to reduce costs to restore this service in 2020. Attempting to offset a significant amount of the labour costs by pursuing federal funding for students is one example. Another example is a modified crew deployment plan resulting in a significant reduction in the number of vehicles required to deliver this service while being able to increase service deliver required with COVID-19 at three of the District Field Hubs; a crew member will report each day directly to three of the District Field Hubs while one small crew will maintain the remaining sports fields outside these hubs. Relying on sports organization co-operation for "light" maintenance duties will also reduce costs and expedite service delivery. Some duties will be integrated into other parts of the City's organization outside maintenance operating hours, which will reduce the need for additional labour costs while allowing the fields to be used each evening. Although efforts have been made to find efficiencies, these cost estimates do remain conservative in one respect. City staff will be deciding to keep a select number of fields closed for the 2020 season once sports organization feedback is recieved. There is an expectation goods and service savings will result from this approach and the savings will be continuously monitored. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The following sports organizations participated in the virtual meeting the evening of Monday June 1, 2020: Molson Coed, Saint John Soccer, Church Slo Pitch, Fundy Minor Football, Port City Minor, Southern New Brunswick Baseball League, Moosehead Slo Pitch, National Softball Association, Saint John Junior Alpines, Saint John Little League, Fundy Soccer, Fundy Lacrosse, two Athletic Directors with the Anglophone South School District. Generally, these organizations were enthusiastic about expediting access to City fields and maintaining service levels, requiring City staff to reiterate the need for managed expections. There was some agreement on the need to re-evaluate the level of demand and offers of consolidating play on fewer fields from the organizations but more input is requested following the meeting. The meeting did definitely allow both the City and the sports organizations to understand more fully how the uncertainties with 2020 is impacting our respective service delivery plans and ways we can collaborate to roll out a summer sports season as best we can for the benefit of the community. -6 - City staff are working with their Parks & Recreation counterparts in Moncton and Fredericton toward a co-ordinated approach to restoring our relative services. A staged approach to field opening, planned COVID-19 signage at sports fields, and a requirement to have sports organizations submit their Operational Plans to the City are examples of the co-ordinated approach highlighted in this report. ATTACHMENTS N/A `[E:3 COMMON COUNCIL REPORT M&C No. 4 `Iia k here to eWer �ex� Report Date June 03, 2020 Meeting Date June 08, 2020 Service Area Growth and Community Development Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: June 8th, 2020 Update: Municipal Economic and Community Recovery Planning OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Phil Ouellette Jacqueline Hamilton John Collin RECOMMENDATION Staff recommend that Common Council adopt the following resolutions: 1. Receive and file this report; 2. Direct the City Manager to proceed with the implementation of the 6 additional immediate initiatives as outlined in this report; 3. Approve the allocation of up to $40,000 from the Growth Reserve Fund for City staff to efficiently execute ongoing municipal economic and community recovery programming, without any one expenditures exceeding $10,000. EXECUTIVE SUMMARY Since Council received its first staff update on May 25, 2020, the City's Municipal Economic and Community Recovery (MECR) team has undertaken a tremendous volume of work to accelerate further investigation and implementation of recovery programming. This report identifies six additional immediate initiatives that staff are pursuing, an overview of medium- to long-term initiatives as well as a request to allocate Growth Reserve Funding to support existing recovery programming. `[�7 -2 - STRATEGIC ALIGNMENT On May 25, through the advice of the Growth Committee, Common Council adopted a series of resolutions to proceed with the City's Municipal Economic and Community Recovery Planning, including the implementation of immediate initiatives, added consultation on street closures and parameters to access funding from the Growth Reserve Fund earmarked for recovery. REPORT Since Council received its first staff update on May 25, 2020, the City's Municipal Economic and Community Recovery (MECR) team has undertaken a tremendous volume of work to accelerate further investigation and implementation of recovery programming. Over the past two weeks, the team has: • Developed and launched a survey for public feedback on options for open/pedestrian-friendly streets; • Evaluated the list of over 40 recovery initiatives and pursued additional short-term wins for the community; • Developed a format and invitations for citizens and business owners to participate in virtual town hall meetings to collect their feedback on open streets, economic and community recovery; • Sought ongoing guidance and feedback from Economic Development Greater Saint John, Discover Saint John, Develop Saint John, the Regional Chamber and Uptown Saint John; • Continued preparations for the opening of the Night Market on South Market Street, which is now announced to open on Thursday June 18, 2020. The MECR team identified the next round of immediate initiatives to support recovery and has already started working through implementation plans. The team's initial objective was to proceed with one initiative a month, and we are now actively implementing or working through the due diligence of nine initiatives total, three of which were initiated on May 25 and the six new items below. The new list of immediate initiatives includes: 1. Travelling Picnic Tables: The City will be working with local artists to design up to ten uniquely designed picnic tables that will be moved around to various municipal properties and parks, with the purpose of -3 - inviting residents and visitors to picnic at the tables after packing a meal, or picking one up from one of the many wonderful restaurants in Saint John. An exciting potential partnership with Uptown Saint John is already in the works to further align this initiative with their membership. 2. New Uptown Pop -Up Park: In partnership with the Government of New Brunswick, the City will be removing fencing and further animating a centrally located rectangular grass area near Loyalist Plaza for the summer months. This location is yet another great way for residents and visitors to enjoy the outdoors with a front row seat along Saint John's harbour, and picnic with their recently purchased meals from one of our city's many restaurants. 3. Shipping container beer garden: The City will soon be announcing the successful bid to support a shipping container beer garden at Loyalist Plaza, which is intended to be open for business in the coming month. 4. Restoration of Development Incentive and Heritage Grants: This program was temporarily paused in response to the public health pandemic, and we are now happy to announce that both programs are now fully operational and available to eligible residents and developers who are contributing to the growth of our City. 5. Inviting applications for event street closures: Staff are finalizing a new streamlined application process for groups interested in temporarily closing City streets for events that are able to uphold the expectations of the mandatory public health orders on social distancing. 6. COVID-19 Community Response Fund for Vulnerable Populations: The City of Saint John has been named one of the recipient communities for the COVID-19 Community Response Fund generously supported by the Canadian Medical Association Foundation (CMAF) and Federation of Canadian Municipalities (FCM). As a recipient, the City will receive $22,000 to provide COVID-19 related supports to our vulnerable population. A partnership has been established with the Human Development Council to direct these funds to mental health services for homeless/transient individuals most affected by the pandemic. Above and beyond the mentioned immediate initiatives, the MECR team continues to assemble a variety of potential future initiatives to support recovery, which will be reviewed and evaluated over the coming weeks and months, many of which could proceed for implementation. In addition, upcoming public engagements will be an opportunity to solicit feedback from citizens and businesses on what else the City could do to support recovery. Some of these medium- to long-term initiatives include: 151 -4- • A new grant program to invite additional programming in commercial areas from community groups; • Neighborhood yard sale days; • A pop-up drive-in theatre; • Movies and/or music in municipal facilities or the park; • A tailored development incentive program to respond to new needs caused by the public health pandemic; • Leveraging federal and provincial stimulus funding programs to unlock catalytic growth projects across the City; • Block party start-up kits; and • A traveling stage. In addition, City staff have undertaken an examination of all upcoming capital projects and their potential impact on commercial areas over the coming months, and staff are pleased to inform the community that none of the projects should have any significant impact on our commercial districts. Staff were prepared to consider delays to construction if the work was going to place significant negative economic impacts on local businesses. It is also important to note that the events page administered by Discover Saint John (www.discoversaintjohn.com/events) can be accessed by Saint John residents and visitors to keep track of all the special events occurring in the City throughout the coming months. While this event page has historically sought to influence visitors, with the focus on staycations and local attractions, it is an excellent venue for both residents and visitors to re -discover the community, attractions and events. Growth Reserve Fund Staff are requesting that Common Council approve the allocation of up to $40,000 from the Growth Reserve Fund to accelerate ongoing municipal economic and community recovery programming, without any one expenditures exceeding $10,000. These funds will only be accessed if the need arises and costs cannot be mitigated through volunteer capacity, financial partnership or access to available federal and provincial funding. In addition, staff will uphold the eight Recovery Funding criteria, adopted by Common Council on May 25, 2020, for any expenditure from the $40,000 allocation. This funding is restricted to the following six immediate initiatives: `% -5- 1. Open streets; 2. Saint John Night Market; 3. Travelling picnic tables; 4. New pop-up park; 5. Shipping container beer garden; 6. Inviting applications for event street closures. The up to $40,000 will be used for such things as corresponding materials, signage, marketing and advertisement to execute these recovery initiatives. Pre - approval of this modest amount of money from the Growth Reserve will limit delays to implementation of projects since each small request would not need to return to Council for approval. Staff will report back to Council periodically on the progress of this Growth Reserve Fund investment and, in addition, staff will seek approval from Common Council on any additional or larger scale investments from the Growth Reserve Fund. Timelines Additional details of each one of the active immediate recovery initiatives will be made available to the public over the coming weeks. The open streets survey will close on Sunday June 7t", and staff will be offering some initial high-level findings from the survey during the Council meeting on June 8t". The virtual town halls on open streets and recovery programming will occur during the week of June Stn The initial open streets related recommendations will be presented to Council during their meeting on June 22nd SERVICE AND FINANCIAL OUTCOMES The total funds in the Growth Reserve Fund as of April 15, 2020 was $928,608, and $245,774 of those funds are committed and active. Therefore, as of April 15, there was a total of $682,834 of uncommitted funding in the Growth Reserve Fund. Common Council's decision to earmark 80% of total uncommitted funding towards economic recovery results in $546,267.20. fIW -6 - INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Members of the Municipal Economic and Community Recovery Team include: Commissioner of Growth and Community Development; Population Growth Manager; Manager of Strategic Communications and Public Affairs; Manager of P.R.O. Kids and Community Development; Director of Strategic Affairs; Assistant Comptroller; Deputy Commissioner of Parks and Public Spaces; Deputy Commissioner of Engineering; Municipal Engineer; Arts and Culture Coordinator; Acting City Market Manager; Director of Corporate Performance and Chief Information Officer. ATTACHMENTS N/A `N'il COUNCIL REPORT M&C No. 2020-146 Report Date June 01, 2020 Meeting Date June 08, 2020 Service Area Saint John Water His Worship Mayor Don Darling and Members of Common Council SUBJECT. Update on Water Levels in the South Bay Wellfield OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Kendall Mason J. Brent McGovern John Collin RECOMMENDATION It is recommended that Council receive and file this report. EXECUTIVE SUMMARY The purpose of this report is to provide Council and the public with an update regarding the water level in the South Bay Wellfield. On February 13th, 2020, some areas of West Saint John were transitioned from the South Bay Wellfield as their primary drinking water source to drinking water from the new Loch Lomond Drinking Water Treatment Facility. As was planned, areas in West Saint John being served with water from the Loch Lomond Drinking Water Treatment Facility include six (6) neighbourhoods; the Lower West, Milford, Randolph, Fundy Heights, Duck Cove and Sand Cove. Reducing the demand on the South Bay Wellfield by transitioning the six neighbourhoods has allowed the aquifer to begin recharging causing the water level to rise from approximately 1.75 metres below sea level in February 2020 to approximately 0.25 metres above mean sea level around the end of May 2020. The aquifer should continue to recover such that the City returns to compliance with the Approval to Operate (regulatory) requirement of +1 metre above mean sea level. Saint John Water continues to closely monitor the South Bay Wellfield water levels in conjunction with the Department of Environment and Local Government. PREVIOUS RESOLUTION On November 19, 2019, Common Council received and filed an update on the project in M&C No. 2019-300. -2 - On August 19, 2019, Common Council resolved to accept the proposal of Fairville Construction Ltd. for the purchase of a new Packaged Pumping Station in M&C No. 2019-212. On July 29, 2019, Common Council resolved to approve an adjustment to the 2019 Water & Sewerage Utility Fund Capital Program to establish a new project entitled Fallsview Drive — Interim Booster Pump Station. Also in the same report (M&C No. 2019-189), Common Council resolved to award tender No. 2019- 081204T: Package Pump Station — Civil Works to Keel Construction Ltd. On July 8, 2019, Common Council resolved that the City implement the interim solution described in M&C No. 2019-168 "South Bay Wellfield Performance" to supply water from the Loch Lomond Drinking Water Treatment Facility to Lower West, Milford, Randolph, Fundy Heights, Duck Cove and Sand Cove neighbourhoods, while it develops a long-term solution to ensure a sustainable supply of safe, clean drinking water for West Saint John. STRATEGIC ALIGNMENT Saint John invests in sustainable City services and municipal infrastructure. REPORT On September 14, 2017, the South Bay Wellfield began delivering water to customers west of the Reversing Falls. The first year (2017- 2018) of pumping ground water from the South Bay Wellfield resulted in the water level in the wells dropping below sea level and putting the wells at risk of salt water intrusion. From a regulatory perspective, the Province of New Brunswick issues to the City of Saint John an Approval to Operate the Drinking Water Treatment and Distribution System. There are specific requirements identified in the APPROVAL TO OPERATE W-1510. Within APPROVAL W-1510 the water level in each of the three South Bay production well is not to drop below +1m above mean sea level (amsl) more than 100 days/year with a maximum of 20 consecutive days. Given the City was unable to meet this requirement by serving West Saint John with water from the South Bay Wellfield, a solution was needed to address the risk and return to regulatory compliance. On February 13th, 2020, some areas of West Saint John were transitioned from the South Bay Wellfield as their primary drinking water source to drinking water from the new Loch Lomond Drinking Water Treatment Facility. Areas in West Saint John currently being served with drinking water from the Loch Lomond Drinking Water Treatment Facility include Lower West, Milford, Randolph, Fundy Heights, Duck Cove and Sand Cove neighbourhoods as shown in yellow in the Figure 1. `RV -3 - Customers in the green shaded area continue to be supplied with drinking water from the South Bay Wellfield. Figure 1. By proceeding with the servicing option of delivering water from the new Loch Lomond Drinking Water Treatment Facility to the six neighbourhoods in West Saint John, this reduced the demand on the South Bay Wellfield so as to allow the aquifer to recharge, improving the sustainability of the wellfield and allowing the water levels in each of the production wells to begin trending upwards toward the minimum +1m amsl that is required within the Approval to Operate. On February 13th, 2020, the elevation of the water in the three production wells was approximately 1.75 metres below mean sea level as shown in Figure 2. At the end of May, 2020 the elevation of the water in the three wells was approximately 0.25 metres amsl as can also be seen in Figure 2. The elevation of the water in the wells has rebounded above mean sea level within approximately the three months of reducing the demand on the wellfield and while this is a positive sign the wellfield will continue to be closely monitored. This increase in water level helps protect the aquifer from salt water intrusion, however, the water levels must continue to recover to meet the regulatory requirement of +1 metre amsl. Close monitoring of the South Bay Wellfield will continue with the Department of Environment and Local Government. Staff will report back to Council in the coming months with a further update on the groundwater levels. WIN -4 - Figure 2. Saint John Water continues to communicate with the Department of Transportation and Infrastructure (NBDTI) as it relates to the long-term plans of the Reversing Falls Bridge as it is very important that there be some clarity on the Province's plans before the City contemplates proceeding with any significant long-term investments and servicing options so as to make best use of ratepayer dollars. SERVICE AND FINANCIAL OUTCOMES Saint John Water continues to serve customers across the City with safe, clean drinking water. Regular testing of the water supplies from both the South Bay Wellfield and Loch Lomond Drinking Water Treatment Facility confirm that Saint John has two excellent sources of high-quality drinking water. Quarterly test results are available on the City's website. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS n/a ATTACHMENTS n/a May 22, 2020 His Worship Mayor Don Darling and Members of Common Council Your Worship and Councillors: SUBJECT: Proposed LPP Release 0 Katie Drive On January 13, 2020, Common Council referred the above matter to the The City of saint John Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its May 20, 2020 meeting. Rick Turner, on behalf of the potential purchaser, Galbraith Construction Ltd., appeared before the Committee via telephone conference and expressed agreement with the staff recommendation. Mr. Turner noted Galbraith Construction owns the majority of the adjacent land parcels. Mr. Jeff Tulk, of 2340 Ocean Westway, an area resident, appeared before the Committee via telephone conference and objected to the staff recommendation. Mr. Tulk expressed concern with potential truck traffic from a potential access to Galbraith Construction's quarry in the area, should it ever be developed, through the subject parcel. Mr. Curtis Langille, representing the City of Saint John Real Estate Services, appeared before the Committee via web conference and expressed agreement with the staff recommendation. Mr. Turner reappeared before the Committee, and noted a new access to the quarry may be developed or it may not and noted the area experiences a high volume of truck traffic now along Ocean Westway. In response to questions from Committee members Staff noted any development of a new access to the quarry would involve at a minimum a rezoning and the existing section of Katie Drive is an undeveloped Public Street, which provides for Public access through these lands. No other persons Page 1 of 2 159 Hughes Surveys and Consultants 0 Katie Drive May 22, 2020 appeared before the Committee and no letters were received regarding the proposal. RECOMMENDATION: That the Planning Advisory Committee concur with Common Council regarding the sale of a City owned parcel, previously vested to the City as Land for Public Purposes (LPP), located at 0 Katie Drive, also identified as PID number 00369496. Respectfully submitted, 2i—&� Alexandra Weaver Crawford Chair Page 2 of 2 160 The City of Saint John Date: March 13, 2020 To: Planning Advisory Committee From: Growth & Community Planning Growth & Community Development Services Meeting: March 17, 2020 SUBJECT Applicant: Hughes Surveys & Consultants Inc. on behalf of Galbraith Construction Landowner: City of Saint John Location: 0 Katie Drive PID: 00369496 Plan Designation: Rural Resource Existing Zoning: Rural (RU) Application Type: Land for Public Purposes Release Jurisdiction: The Community Planning Act authorizes the Planning Advisory Committee to advise Common Council concerning the sale of land for public purposes. EXECUTIVE SUMMARY The subject site is land for public purposes acquired in 1975 in association with a proposed development. The adjacent landowner has approached Real Estate Services to purchase the property. City Staff have deemed the property surplus, and Common Council has resolved to seek the concurrence of the Planning Advisory Committee for the sale of the subject site. Page 1 of 4 161 Hughes Surveys & Consultants Inc. 0 Katie Drive March 13, 2020 The development outlined on the 1975 plan of subdivision did not occur, and these lands have remained in their natural, undeveloped state. RECOMMENDATION That the Planning Advisory Committee concur with Common Council regarding the sale of a City owned parcel, previously vested to the City as Land for Public Purposes (LPP), located at 0 Katie Drive, also identified as PID number 00369496. DECISION HISTORY The subject property was vested to the City in 1975 when it was designated land for public purposes (LPP) for the Kilkenny Court Subdivision. The proposed subdivision development included the construction of a Public Street (Katie Drive), with the LPP parcel and three lots on each side of Katie Drive. Subsequently, the Public Street right-of-way and LPP parcel were created, however the street construction and service extensions were never completed. ANALYSIS Proposal Galbraith Construction, an adjacent landowner, has approached the City to acquire the LPP parcel. The company is reviewing options to provide an access through the site, via the undeveloped portion of Katie Drive to Ocean Westway. This would provide an alternate access route to their aggregate extraction operation to the northwest of the subject site. Should the access proposal proceed it would be subject to additional planning approvals including a rezoning. At its January 13, 2020 meeting, Common Council resolved to seek the concurrence of the Planning Advisory Committee to divest the land, identified as being PID No. 00369496, from being "Land for Public Purposes" and if so, deem the subject property surplus to its needs. Site and Neighbourhood The 4378 square metre triangular-shaped site is wooded and is located at the northern terminus of Katie Drive, which is an undeveloped Public Street. A water transmission main passes through the southern portion of the site. As the original subdivision development never occurred, no recreational use has been developed on the site and the City has no requirement to retain this site for current or future recreational purposes. The subject site is located in the City's Ocean Westway neighbourhood; an area characterized by low-density residential development consisting of single -unit dwellings along Ocean Westway. This section of Ocean Westway terminates approximately one kilometre to the west at the Spruce Lake Water Treatment Facility. The site and adjacent lands are zoned Rural (RU) with the properties along Ocean Westway zoned Two -Unit Residential (R2). A long-standing Page 2 of 4 162 Hughes Surveys & Consultants Inc. 0 Katie Drive March 13, 2020 quarry operation is located approximately 720 metres to the west and is zoned Pit and Quarry (PQ). Municipal Development Plan and Zoning The subject site is designated Rural Resource in the Municipal Plan. These are areas, which are intended to generally remain in their natural state, or, subject to regulation and required approvals, be used for appropriate resource uses. The Municipal Plan also promotes a strategic approach to parkland development, and encourages the development of "a strategy to repurpose or divest of surplus parks" (Policy CF - 6). To implement this policy, Common Council endorsed The City of Saint John Parks and Recreation Strategic Plan (PIaySJ). PIaySJ promotes the divestment of surplus parks and greenspace through right sizing. This approach will enable the City to reinvest in existing parks and recreation assets in areas identified for growth in PlanSJ. Based on this, sale of the subject parcel conforms to the policy direction established in the Municipal Plan. The site is zoned Rural. It was never developed for a recreational use, and Parks and Public Spaces Staff have confirmed that they have no plans develop the site. Conclusion Staff recommend that the Committee concur with the sale of the subject site. Real Estate Services has determined the property is surplus and the Municipal Plan and PIaySJ support the divestment of surplus parkland. Parks and Public spaces confirmed the City has no plans to develop the site for a recreational purpose. ALTERNATIVES AND OTHER CONSIDERATIONS No alternatives were considered. ENGAGEMENT Public 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 March 5, 2020. APPROVALS AND CONTACT Author I Manager Mark Reade, P.Eng., MCIP, RPP I Ken Melanson , BA, MCIP, RPP Page 3 of 4 163 Hughes Surveys & Consultants Inc. 0 Katie Drive March 13, 2020 Contact: Mark Reade Telephone: (506) 721-0736 Email: Mark.Reade@saintjohn.ca Application: 20-020 APPENDIX Map 1: Site Location Map 2: Future Land Use Map 3: Zoning Map 4: Aerial Photography Attachment 1: Site Photography Attachment 2: 1975 Subdivision Plan — Kilkenny Court Subdivision Page 4 of 4 164 Map 1 - Site Location I Hughes Surveys and Consultants - 0 Katie Diriv i 0010' The City of Saint John 165 Date, 1February 12, 2020 0 5C* The City of Saint John Map 2 - Future Land Use 166 Date, �February 12, 2020 0 50 m Hughes Surveys and Consultants �- 0 Katie Dirlive L ------------ j * (CG) General Commercial (R2) Two -Unit Residential (RL) Low -Rise Residential (RU) Rural Section 59 Conditions The City of Saint John Map 3 - Zoning 167 Date, 1February 12, 2020 0 50 m Hughes Surveys and Consultants �- 0 Katie Dirive L ------------ j The City of Saint John Map 4A - Aerial Photography Date- �February 12, 2020 0 50 m Hughes Surveys and Consultants - 0 Katie Dirlive L ------------ j * Map , ° /„ Photography Hughes View of site from water main access looking north View of site looking east View of site from water main access looking east View of adjacent lands looking west i, The City of Saint John Attachment r Photography Hughes Surveys and Consultants Inc. - 0 Katie Dirive -- - --- -- _ �}_ -- -- 'r. -- -- .F, _ - --- - - - - - --- - k= - ^�'L' - .ti"i'4�.i1, �✓•r' :tiFr :'.'r ,rt .�.-,. - f - - :.� - �•.C!Y:"': -_ ""� _ r-';kk. - * 'L�{rte '�.:;1:'�. 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" t � � y _ .. - i � - � - - -' � •, ~� -li�,,,��``1�irw•d�`�-�� Aa•F -u,+- ;. d - �� • . - _ - .. r' -. _ 3 =t� ` r:.: j5+• t ti s:.i'r K."fr3'.F' ' i r +�$+� .r , � ' �. , � � r � � . - - �* 'r _ - � r' ��..,tip _ �rJ `.�.� "..� •r '�`, VIA Jk LLy-rY.r' -� NEW 'j 'rM..-v'. +.ti _ _ • fir" V+'. , r xX*moi '' ..4 _.Y �:�`ro r Y, 'b1+ti'��`.. �5«* '' _ .. - 5. , .. - � � { ,' . � �i � � �' •+fF. _ � - � ,{' '+•�:-,+�0 `r 'f .r:' ,y' 'r:'ti..: +rF :.r4 - - Y i ,. . , . * - ..} •:tr -+.- + - r *�`i %.:+.4"�- "'ar � r ;�• r�'y- r�''•r- i wx,. r'.,~ ;'�i•T•� 'Sti _ - - .. _ '� J*` 4i t _ 'S' +ky4,:r v �5,.+ 'fir•; •�•. - 4 _ k "•ww ":'M yy _ 3 - ' '1' _':"�=.", �'Y,Y~f, '*�'r Fr I� y 171 , _ �'ti, �•,•.,, ,'� f- ' 'i Yin. • '-i,n• ' h ' :'Ya. a�;a '�'+ � �4ti ■: •.M1t'' �% .�a•�r "4. rt5:w 311 To Mayor and Council: May 27th, 2020 Hello, I am writing in regards to changes that were apparently made to the parking by-laws in January 2020. These changes as presently written for residential neighbourhoods, those outside of the uptown core, are not in the best interest of the citizens who reside there, nor future development or re- development. Additionally proper notification by mail was not provided to all residents of the proposed changes, nor that said changes were put into effect. I was told by two parking commission staff that I spoke with on May 22nd, 2020 that a notification on Social Media had been broadcast, however Social Media does not constitute an official notice to the public. Social Media is not accessible by all citizens, nor is it uniform in it's notifications to all viewers. Our family and immediate neighbours received no notice by mail, phone call or email of a public engagement session or public hearing regarding proposed parking changes that effect all of us. Further on the City of Saint John Website we find this page: Alternate -Side Parking I Saint John http_ //www.saintiohn.ca/en/home/citvhall/transportation/parking/residentialparking/alternatesideparking.a SPX Alternate -Side IIl)arldnS n an effort to better manage street deanng, snow rer novall and street r naint.enanc::e ini the Soutlh C'enit°rall PeoflnsUla, year rc:yu nd allternat.e -sde paddrig has been put into effect. t...iow does, alternate ..side t)arking work? :::ror n the 1.st° t°o tlhe 15t1h day of each month, paddrig is allowed on the odd numbered s de of the street. l::rc: m the 1. t1h to tlhe hast day of each month, paddrig its aIIIlcowed on the even -numbered s de of the street. C'Ihangeover from one s de of the street to the other takes pIlac:e from w01. l; an°n. to 12:00 aan°n. on the 15t.h day and the (last day of each month. Sc:hecJUle 11 e 1. of the Scant John 7ka.,ffac: By ImAl Iksts the streets and street sec::tiic: ns where allt.ernat.e -s de paddrig its in effect. IKing Street lust - Allt°eornat°e Side Parkinig l:::or the knllc: dks of <ing Street. East. between Carmarthen & Wentworth Streets and IPS t:t. and Crown streets, allt.ernat.e -s de paddrig its in effec::t from December :l. to IMarch S:l.. IPaddrit its perr nit:t.ed on both s des of the street of these two knlloc:lks from Apriill :l. to INover ober Std. `r% The wording above outlines that this by-law is to apply to uptown only, which according to Parking Commission staff that I spoke with is indeed not the case. The information which affects the West Side and North End is actually under schedule "G", not "H-1" as stated above, and should be mentioned here on the City's Website. Clarification to both staff and the public is needed, as is proper updating of all documents and online documents as well. West side residential areas and North End residential areas should not be lumped in with issues in the Uptown core. They have distinct qualities and issues. I did recall reading a post sometime during the Winter that there would be a change to the parking by- laws. As I recall this was intended to make the wording clearer on the signs and residents would no longer have to switch sides on an almost daily basis, which I thought would be a very positive change. Apparently however, hidden in the fine print was to also change and apply this by-law for year round alternate side parking, instead of just the November 15th to April 15th period residents have become accustomed to and to add additional streets to the list. I believe you will find that like 1, most residents did not understand this change, and do not agree with it during the Summer months. As noted by media outlets, there have been other complaints about the application and notification of this by-law change. This is a failure to communicate properly with residents. Residents and Taxpayers concerns must come first. On the afternoon of May 22nd, 2020 1 parked my 1/2 ton truck and utility trailer in front of my home located at 325 St. James Street West as I have done many times in the past year that my family has lived here. As I was loading a very long ladder on my trailer a white newer -model SUV marked "Parking Commission..." pulled up in front of my truck and then backed up with it's lights flashing. The two occupants were a female driver and a male passenger wearing masks. I was asked by the female driver if I was "just taking down my staging", perplexed by this question coming from Parking Commission staff I gave a funny look and said "No, I am not." I was then told that I was "parked on the wrong side of the street". As I glanced along my vehicle and trailer fore and aft, I found that it was facing the correct way down the street. But this was not the issue, indeed I did not know that I had in fact purchased a home which was now located on the "wrong side of the street" for half of the year. Further perplexed I asked what exactly they meant by this. The lady driving explained that during this period of the month I was not allowed to be parked on this side of the street in front of my own house, even in the Summer months. This came as a shock as it was a sunny warm day, during the week. April had passed, which is when alternate side parking restrictions were always lifted. I was told that a new by-law was put in place in January and that even in Summer months street cleaners needed to be able to do their work. No street cleaner has come down this street to date, today being May 27th, 2020. In 14 months of owning this property, there has never been a street sweeper along this block. In speaking with two neighbours about this issue, I found that one across the street named Darin confirmed that in the 25 years he and his family have lived in this block of St. James Street West he has not seen a street sweeper come down this block of the street to clean it. Further, would not a simple notice of street sweeping be sufficient as in years past, such as the Winter snow clearing signs along the side of the road the night before or notices be effective? My next door neighbour Gary said that he, like I, did not receive a written notice of this change by mail. The by-law has merit in the uptown area, and during the winter months (November 15th through April 15th) in the North End and West Side. However during the summer months is not needed outside of the busy uptown (South End). Very little traffic travels the streets on which many of these changes have been made, and rarely do many of these streets see any service work such as street cleaning. Our block of St. James Street West for example has yet to have the asphalt repaired and is still filled with gravel from broken pipes in February. Given the Covid-19 delays, I can understand why this is not yet repaired, but it is not the only example. The bl-law as currently written and applied is only creating new difficulties for residents, especially those who live in apartments and have no off-street parking. Further it serves as another deterrent to new construction and/or redevelopment in these areas. I agree that the alternate side parking is needed during the Winter months, and that the change to it switching sides in the middle of the month is much more agreeable. However, it is not needed in the Summer months and is another deterrent to living in these inner city neighbourhoods. In some cases there is now insufficient parking for residents on these streets, let alone their guests. There are a few examples on the West side which spring to mind. In this instance I was told by the two Parking Commission Staff that I could park around the corner of the block on either City Line or Lancaster Street. You will find that (based on City of Saint John website) the width of both City Line (approx. 30') and Lancaster Street (approx. 30') is narrower by approximately 4 feet than the width of St James St West in front of my home. Further down St. James Street, next to the park where this new by-law also applies, we find the street to be even wider, at 37.5 feet. In either case, this is more than adequate for parking both sides and two vehicles to pass during the Summer months as well as during the Winter, as there is adequate room for snow to be piled on the grass medians alongside the sidewalks. I submit that the block in which I live, situated between City Line and Lancaster Street is in fact more suitable for parking and overnight parking than either City Line or Lancaster Street by reason also of heavy truck, bus and other vehicle traffic. City Line and Lancaster Street are feeders for residential traffic into and out of neighbourhoods, whereas St. James Street West is not. I was informed by the two parking officers that I could park whenever I wished on City Line or Lancaster Street, even though there is heavy traffic to the Digby Ferry on Lancaster Street and on City Line there is a bus stop on both sides of the street and heavy truck traffic to the Irving rail yard. Would it not make more sense to park on the quiet last block of St. James Street West? Common sense would dictate that one could park on the quieter of the streets, for which width is found to be more than equal. In fact the use of alternate side parking along more than one block of St James Street West is not needed at all, Summer or Winter, as the width of the street is much greater than those without restrictions. I hope that my letter illustrates the need for more in-depth look at this and a more common sense approach that needs to be applied to this by-law, rather than a broad brush stroke to paint all streets alike. Broad brush strokes rarely work out well for residents. Parking in this unique and historic little city of Saint John needs to be looked at on a block by block basis, based on factual information. To illustrate this issue as seen by residents I have also attached a 2019 Image from Google Street View, showing width with two cars parked either side of street in Summer months. This view is looking from City Line towards Lancaster Street. Attached is also a 2013 Google image from Lancaster Street looking down St. James Street West alongside Queen Square West, again illustrating the extra width of these streets compared to those without restrictions. This by-law also impacts the use of Queen Square ` FM West, any events held there would have less parking on the quieter side streets, rather than Lancaster Street, which as discussed is narrower and busier than Watson or St James West which run alongside the park. I request that the By -Law be reviewed and amended to only be in effect in the Uptown core year round, and that it should only apply to the other residential neighbourhoods of the city during the Winter Months. Unless the width of a street is below 30 feet (paved asphalt surface), as is the case on both Lancaster and City Line on which street parking is allowed both sides. Further on a block by block basis consideration should be given to year round parking both sides where width is greater than 30 feet, especially next to Queen Square West on the St. James Street side, to encourage more events and activities to take place there both Summer and Winter. Sincerely, Christopher & Melissa Osborne Owners & Residents of 325 St. James Street West ` FAN From: Sandy Robertson <.sandy(,cana,dawater.ca> ............................................................. Sent: May 30, 2020 6:55 PM To: Darling, Don <Olean.7a.rl%n sai.ntacr.h.n.ca>; McAlary, Shirley<S.hi.rl.ey..lIAlary(csa%ntacr.h.n.:a>; Sullivan, Gary <nary.S.ulava.n.(raai.ntacr.h.n..a>; Casey, Sean<Sea.n..Cas.e(caai.nt�crh.n.ca>; MacKenzie, John <Jcr.h.n....IMaclKenzieC.sa.i.nt.lq?.n....ca>; Armstrong, Blake <Blake.Armstrong(r.sai.ntacr.h.n ra>; Norton, Greg ........ ...... ...................... <G .red..N.crrtcr.n(c�.igin (cahn.ca>; Reardon, Donna <D onna..Reardcr.n sa ntjcr.h.n: a>; Hickey, David < 7avi.d:II01rkey. sa.%ntjcr.h.n.: a>; Merrithew, David <david..rnerrit.h.e . sai.ntj.crh.n.ca>; Strowbridge, Ray <Ra..Y..Strgw..r.!.dge. sai.ntlr?.h.17. ea> Cc: External - CommonClerk <ecarnmonci.erk. .sai.ntacr.hn ra> Subject: Possible closure of Millidgeville's Charles Gorman Arena SUBJECT: POSSIBLE CLOSURE OF CHARLES GORMAN ARENA IN MILLIDGEVILLE TO POTENTIALLY SAVE THE CITY MONEY Mayor Darling and Council Members; My background for the information of the members of Council who do not know me! - I grew up in Millidgeville when we still had the airport, attended SJHS, then Mt. Allison before beginning my business career I first started a new business in years have 1966. Over the years I have owned a number of businesses and employed many people. My various companies and I personally, have for over fifty years contributed significant tax dollars to the City of Saint John through various forms of taxation, water and sewer fees, and numerous other City cost burdens required for a business to operate in Saint John, NB. I have lived in Millidgeville since the 1940's, when there were fewer than 100 year round residents from Boars Head Road to the northern end of Millidge Avenue. We (Millidgeville) had no recreation facilities of any kind funded by the city back then. Millidge Avenue was a dirt road and there was no water of sewer service. There was a one room school on Manners Sutton Road with a well with a pitcher pump and an outhouse. Everyone with a year round home had a well and septic tank. The summer homes in Millidgeville had outhouses and their own well or drew from two private community wells. There was one indoor rink in the city, the old Saint John Forum on Main Street and there was an "official" city outdoor rink for North Enders at the Old Shamrock Grounds where schoolboy hockey was played. Those of us kids who lived in Millidgeville skated and played hockey on the ice in Brothers Cove. Millidgeville's development started in the mid -fifties when a lot of Post War Vets with young families were stepping up and moved into the area to build a home in these beautiful suburbs. The one room Millidgeville School on Manners Sutton Road was no longer acceptable for the rapidly increasing number of children so the M. Gerald Teed primary school was built and the new state of the art Milledgeville North High School was constructed. Along with the schools came some sports fields and tennis courts (recently taken away by the city) but kids still had to get to town if they wanted to play hockey or recreationally skate indoors in the new Lord Beaverbrook Rink on Main Street after the old Forum burned to the ground. In Centennial Year, 1967, new rinks were built in commemoration of Canada's 100th. Birthday. One was built in the east, one in the north and two on the west side. The LBR continued serving the central part of city and the south end. One of those rinks, the Charles Gorman Arena was built in Millidgeville on University Avenue. That rink has served the children of Millidgeville for 53 years and it has performed `rE:3 yeoman service for the Millidgeville community for all those years and can do so for many more decades. Several years ago, the City Planning Staff came up with a "Millidgeville Secondary Plan" that in simple terms would lead to Millidgeville being a bedroom for Saint John. Unfortunately it didn't provide for a kitchen, or other rooms (uses) particular for those residents who are now older. While other cities were designing communities that were walkable — with easily accessible community services like a grocery stores, barbershops, hairdressers, restaurants, bars, etc., - our city went in the opposite direction and made Millidgeville a drive to and from community. To live in Millidgeville today a vehicle is a necessity as our closest grocery stores are the Superstore on Somerset Street or Sobey's on Visart Street; much too far to walk and carry groceries for a senior and many not so senior. There has been recreational skating at the Gorman Arena which nearby residents of all ages can walk to. In addition, schoolboy/schoolgirl hockey and its benefits may have been missed by some of our decision makers. Once again, if the Gorman Arena closes residents of Millidgeville will need a car to get to the Beaverbrook rink or to the even further away arenas. Please do not make it even more difficult for the residents of Millidgeville by closing our arena and making out community less attractive as a place to I ive. Sincerely, G.A. (Sandy) Robertson emailed to: Mayor Don Darling dcan.da.rli.ng.sa%ntjcr.h.n.a Councilors Shirley McAlary sh. rl.eY...m.cal.a.ry. saint cahn.ca Gary Sullivan ga.rya.ull.ivansantjcr.h.n.ca Sean Casey John MacKenzie iohn.mackenzie2saintiohn.ca Blake Armstrong lake.a.rmstron.; sai.ntj.crh.n.ca Greg Nortongreg..ncr..rtcr.n(.sai.ntcahn.ca Donna Reardon dcanna..rea.rdcr.n .sai.ntioh.n ra David Hickey d2yid...hi ke.�(r�.sai.ntacr.h.n �a David Merrithew david..merrith.e C sai.nt.l ?.r?....ca. Ray Strowbridge r2y...sIL2L r d e(c sa ntacr.h.n.: a and the Common Clerk c.2.mmoncllerk(c�.sai.ntaa.h.n ra SustainabilityPlan — Wo Getting to $6 Million Common Council� June 8, 2020 SAINT JOHN iF:ii1 Loca1486 $680k $826k (Inside Workers) Local 18 $960k $1290k (Outside Workers) TOTAL $5015k $6203k (+ $100k below) In place and reductions ongoing. Complete by 1Oct. Reduction of 8 FTEs Tentative agreement, if approved, will achieve this savings, and significantly more in 2022 and beyond. Must be higher than $6000k since some of the savings will in in Water Operating Fund (not part of $10 million challenge) COMMITTEE OF THE WHOLE REPORT M&C No. M&C 2020-151 Report Date June 03, 2020 Meeting Date June 08, 2020 Service Area Finance and Administrative Services His Worship Mayor Don Darling and Members of Common Council SUBJECT. Workforce Adjustments —Saint John Police Force CLOSED SESSION DISCUSSION REASON This matter is to be discussed in closed session pursuant to the provisions of subsection 68(1)(j) of the Local Governance Act. OPEN SESSION RESOLUTION REQUIRED? Yes, resolution and Public Report from Committee of the Whole to be added to open session AUTHORIZATION Primary Author Commissioner%Dept. Head City Manager Ian Fagan Kevin Fudge John Collin RECOMMENDATION It is recommended that Council approve the letter attached addressed to the Saint John Board of Police Commissioners. EXECUTIVE SUMMARY Common Council previously approved a budget reduction to the Saint John Police force of $1.175 million and a letter was sent to the Saint John Board of Police Commissioners to advise of the resolution. Council has since adjusted the City's overall budget reduction targeted towards workforce adjustment from $5 million to $6 million. The attached letter is to advise the Saint John Board of Police Commissioners that the new budget adjustment will be $1.3 million for the years 2021 and 2022. PREVIOUS RESOLUTION Having met on Decmeber 2, 2019, Council resolved the following: RESOLVE© to direct the City Manager to address 50% of the entirety of the deficit in 2021 and 2022 through workforce adjustments and personnel policy changes; om Having met on May 4, 2020, Council resolved the following: RESOLVED that the City Manager be directed to look at a further $1M in reductions in workforce adjustments. The City is projecting an operating deficit of approximately $10 million for both the 2021 and 2022 budgets. Council has considered the various options to both increase revenue through increased fees and reduce funding for services. All areas of the City's operations, including the various Agencies, Boards and Commissions, have been reviewed and a plan was approved and adopted to meet the requirements of a balanced budget. Some measures, such as new service agreements,taxation reform, and regional collaboration continue to be pursued by the City with Provincial Government; however, these actions willtake time to establish and the City will not see the benefit of the work in time for the 2021 budget. Only measures that can be taken in time for the 2021 budget can be attributed towards the $10 million deficit. To that end, the City must make some difficult decisions to operate under a reduced budget, The $6 millionworkforce reductions and personnel policy changes will impact all services, including the Saint John Police Force, but must be accomplished as part of the solution to a sustainable Saint John. It is the mandate of the Saint John Board of Police Commissioners to best determine how the budget reduction is applied. STRATEGIC ALIGNMENT This aligns with Council Priority of being Fiscally Responsible. SERVICE AND FINANCIAL OUTCOMES This intiative would see the annual budget for the Saint John Police Force reduce by $1.3 million. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS ATTACHMENTS Letter to Saint John Board of Police Commissioners dated June 8, 2020 `E:191 Saint John Board of Police Commissioners 1 Peel Plaza Saint John NB E21- OE1 Attention: Chairperson Ed Keyes Dear Saint John Board of Police Commission: This letter is further to the letter from Council dated January 1.4C", 2020 in regards to Budgetary Adjustment which directed a reduction in the police budget for the years of 2021 and 2022. Council further met on May 25" and resolved that a further $1 million in cuts be applied for workforce adjustment. For the Police Commission this has changed the previous $1.175 million allocation to $1.3 million. Council respects the mandate of the Police Commission to explore deficit reduction measures through workforce initiatives deemed most appropriate. The City's desire is to continue to work with the Commission to find solutions, including exploring shared services, as a way to lower overall impact to services. M P.O. Box 1971 Saint John, NB Canada UL 4L1 I www.sainqohn.ca I C.P. 1971 Saint John, N. -B. Canada E21L 40 SAINT JOHN M&C No. M&C 2020-152 Report Date June 03, 2020 Meeting Date June 08, 2020 Service Area Finance and Administrative Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Workforce Adjustments — Transit CLOSED SESSION DISCUSSION REASON This matter is to be discussed in closed session pursuant to the provisions of subsection 68(1)(j) of the Local Governance Act. OPEN SESSION RESOLUTION REQUIRED? Yes, resolution and Public Report from Committee of the Whole to be added to open session AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Ian Fagan Kevin Fudge John Collin RECOMMENDATION It is recommended that Council approve the letter attached addressed to the Saint John Transit Commission. EXECUTIVE SUMMARY As part of the City of Saint John Sustainability Plan adopted by Common Council on May 4, 2020, Council re -affirmed its support of the Transit Operational Review with the goal to find efficiencies of at least $750,000 with an additional $250,000 approved on the Stand -By list if needed. Council further resolved to target an overall municipal workforce adjustment amount of $6 million, which represents 601 of the City's projected deficit $10 million deficit for 2021. In line with this desire, the targeted reduction for Transit has increased by $100,000 to be accomplished through workforce adjustments. PREVIOUS RESOLUTION Having met on December 2, 2019, Council resolved the following: RESOLVED to direct the City Manager to address 50% of the entirety of the deficit in 2021 and 2022 through workforce adjustments and personnel policy changes; S Having met on May 4, 2020, Council resolved the following: RESOLVED that the City Manager be directed to look at a further $1M in reductions in workforce adjustments. The City is projecting an operating deficit of approximately $10 million for the 2021 and 2022 budgets. Council has considered the various options to either increase revenue through increased fees or reduction in funding to different services. All areas of the City operations, including the various Agencies, Boards and Commissions, have been reviewed and a plan was approved and adopted to meet the requirements of a balanced budget. The current Transit assessment work is expected to yield at least $750,000 in savings with a possible additional budget reduction of $250,000 from the Stand -By list. The workforce adjustment target of $6 million will be reflected in an additional $100,000 adjustment for Transit, bringing the total Transit reduction to $850,000. Some measures, such as new service agreements,taxation reform and greater regional collaboration, continue to be pursued but will take time and the City will not see the benefit of that work in time for the 2021 budget. Only measures that can be taken in time forthe 2021 can be attributed towards the $10 million deficit. To that end, many areas and services are impacted, including Saint John Transit. The proposed reduction in operating expenses will see the Saint John Transit Commission contribute to the sustainability of the City of Saint John by helping the City obtain the necessary budget reductions for 2021 and 2022. The reduction will have an impact to services and it is the mandate of the Saint John Transit Commission to best determine how the budget impact is applied. STRATEGIC ALIGNMENT This aligns with Council Priority of being Fiscally Responsible. SERVICE AND FINANCIAL OUTCOMES This intiative would see the expected savings from the Transit study yield at least $850,000 with an additional $250,000 as a budget reduction on the Stand -By list if needed. `E:N INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS None ATTACHMENTS Letter to Saint John Transit Commission dated June 8, 2020 MIYA • R40 Saint John Transit Commission 55 Macdonald Street Saint John NB E2J OC7 Attention: Patricia Ellsworth Dear Saint John Transit Commission, Be; Budgetary Adjustment The City current sustainability challenges are well documented. A plan to address the City's forecast deficit of $10 million in 2021 and 2022 was presented on May 4, 2020 and unanimously approved by Common Council, That plan included workforce adjustments of $5 million to account for 50% of the projected deficit and a target reduction to the Transit subsidy of $750,000. Transit is also expected to be prepared to absorb an additional $250,000 in reduced funding (to a total of $1 million) should the City be obliged to implement some or all of its standby initiatives. During the meeting, a further resolution of Council was adopted as follows: RESOLVED that the City Manager be directed to look at a further $110 in reductions in workforce adjustments, The City is therefore adjusting its workforce costs by $6 million annually for the 2021 and 2022 budgets. To achieve this, Council is advising the Saint John Transit Commission that the reduction to their subsidy for the years 2021 and 2022 will be $850,000 instead of the initially envisioned $750,000. In keeping with Council's general approach to cost avoidance, Council does expect the majority of the necessary reductions to be through workforce adjustments. Transit must also be prepared for the total reduction to increase to $1 million should standby initiatives be required for implementation. The expectation is that the necessary adjustments and changes would occur during 2020 so that the entire savings can be realized in time for the 2021 budget. P.O. Box 1971 Saint John, NB Canada EX 40 1 www.sain§ohn.ca I C.P. 1971 Saint John, N. -B. Canada E21- 40 Council respects the mandate of the Transit Commission to explore deficit reduction measures through workforce initiatives deemed most appropriate. The City's desire is to continue to work with the Commission to find solutions, including potentially bringing the Transit service within the City organizational structure to increase efficiencies and synergies of other professional services. Thank you for your collective leadership and support as the City moves forward in addressing the City's current financial and sustainability challenges. M= "', 0