2021-06-14_Agenda Packet--Dossier de l'ordre du jour
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Committee of the Whole
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Si vous avez besoin des services en français pour une réunion de Conseil communal, veuillez contacter le
bureau du greffier communal au 658-2862.
Each of the following items, either in whole or in part, is able to be discussed in private pursuant to the
provisions of subsection 68(1) of the Local Governance Act and Council / Committee will make a
decision(s) in that respect in Open Session:
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1.1!Approval of Minutes 68(1)
1.2!Financial Matter 68(1)(c)
1.3!Financial Matter 68(1)(c)
1.4!Legal Matter 68(1)(f,g)
1.5!Financial Matter 68(1)(c)
1.6!Nominating Committee 68(1)(b)
Ville de Saint John
Séance du conseil communal
Lundi 14 juin 2021
18 h
e
2 étage Salle du conseil communal, hôtel de ville Le public aura accès à la réunion
par voie électronique
16
Comité plénier
1. Ouverture de la séance
Si vous souhaitez obtenir des services en français pour une séance du conseil communal,
veuillez communiquer avec le bureau du greffier communal au 658-2862.
privé en vertu des dispositions prévues au paragraphe 68(1) de la \[ƚź ƭǒƩ ƌğ ŭƚǒǝĻƩƓğƓĭĻ
ƌƚĭğƌĻ. Le conseil/comité prendra une ou des décisions à cet égard au cours de la séance
publique :
16h30, Réunion tenue avec participation électronique
1.1!Approbation du procès-verbal 68(1)
1.2!Question financière 68(1)(c)
1.3!Question financière 68(1)(c)
1.4!Question juridique 68(1)(f,g)
1.5!Question financière 68(1)(c)
1.6!Comité de nomination 68(1)(b)
Séance ordinaire
1. Ouverture de la séance
1.1!Reconnaissance du territoire
1.2 Hymne national
2. Approbation du procès-verbal
2.1 Procès-verbal du 17 mai 2021
5.
5.1 Accord de licence pour Fog Cutter Inc. Mobile Food-Unit
(Recommandation dans le rapport)
5.2 Accord de licence pour BeaverTails Mobile Food Unit (Recommandation
dans le rapport)
5.3 municipale 50,
rue Princess (Édifice Ritchie) (Recommandation dans le rapport)
5.4 85,87 et 91 rue King et
7 Sherwood Drive (Recommandation dans le rapport)
5.5 Remplacement du revêtement extérieur et des vitres du bâtiment des
opérations municipales : 175, avenue Rothesay (Recommandation dans le
rapport)
5.6 Contrat 2021-11 : rue St. James (de la rue Prince William à la rue
Germain) Remplacement
pluviaux et réfection de la rue (Recommandation dans le rapport)
5.7 Accord de licence pour le Gahan Beer Garden sur la Place des Loyalistes
(Loyalist Plaza) (Recommandation dans le rapport)
5.8 Achat de véhicules de remplacement pour le parc juin 2021
(Recommandation dans le rapport)
5.9 Annulation de la réunion du conseil communal (Recommandation dans le
rapport)
5.10 Microsoft date de renouvellement
(Recommandation dans le rapport)
5.11 Licence Peter Murray et à la patinoire Lord Beaverbrook
(Recommandation dans le rapport)
5.12 Nominations dans les agences, conseils, commissions et comités
(Recommandation dans le rapport)
!!
6.
7. Proclamation
8. Délégations et présentations
9. Audiences publiques
10. Étude des arrêtés municipaux
10.1 Modification proposée au plan municipal 695, rue Somerset
10.2 Présentation publique Plan municipal proposé 60, Technology Drive
11. Interventions des membres du conseil
12. Affaires municipales évoquées par les fonctionnaires municipaux
12.1 La Commission Vérité et Réconciliation appelle à laction et à la
reconnaissance des autochtones
12.2 Amélioration de la sécurité routière et du transport actif sur lavenue
University
12.3 Site de Fundy Quay mise à jour sur le projet
13. Rapports déposés par les comités
14. Étude des sujets écartés des
15. Correspondance générale
15.1 D. James : Utilisation de caméras de feux rouges (Recommandation :
Recevoir pour information)
16. Ordre du jour supplémentaire
17. Comité plénier
18. Déclarations
18.1 Processus de sélection du maire adjoint
19. Levée de la séance
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MINUTES REGULAR MEETING
COMMON COUNCIL OF THE CITY OF SAINT JOHN
May 17th, 2021 AT 6:00 PM
nd
2 FLOOR COMMON COUNCIL CHAMBER
Present: 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 John MacKenzie
Councillor Ward 3 Donna Reardon
Councillor Ward 3 David Hickey
Councillor Ward 4 David Merrithew
Councillor Ward 4 Ray Strowbridge
Also Present: City Manager J. Collin
General Counsel M. Tompkins
Fire Chief & Chief Emergency Management Services K. Clifford
Chief of Staff & Chief Financial Officer K. Fudge
Commissioner, Human Resources S. Hossack
Commissioner, Public Works and Transportation Services M. Hugenholtz
Commissioner, Utilities & Infrastructure Services B. McGovern
Commissioner, Growth & Community Services J. Hamilton
Director Legislative Services / City Clerk J. Taylor
Deputy City Clerk P. Anglin
Administrative Clerk R. Evans
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1. Call to Order
Due to the COVID-19 Mandatory Order restriction protocols public access to the Council
Chambers is restricted. To ensure public access and transparency the meeting is being
livestreamed,
concluded.
2. Approval of Minutes
2.1 Minutes of May 3, 2021
Moved by Councillor Merrithew, seconded by Councillor MacKenzie:
RESOLVED that the May 3rd, 2021 meeting minutes be approved.
MOTION CARRIED.
th
2.2 Minutes of May 5, 2021
Moved by Councillor Sullivan, seconded by Councillor Reardon:
th
RESOLVED that the May 5, 2021 meeting minutes be approved.
MOTION CARRIED.
3. Approval of Agenda
Moved by Councillor Reardon, seconded by Councillor Hickey:
th
RESOLVED that the agenda of May 17, 2021 be approved with the addition of the
following:
!Attachment to item 5.9 Confidentiality and Non-Disclosure Agreement,
!Addition of item 8.1 a recommendation from Committee of the Whole with respect
to a Letter of Intent with LBR.
MOTION CARRIED.
4. Disclosures of Conflict of Interest
5. Consent Agenda
5.1 That as recommended by the City Manager in the submitted report M&C 2021-
124: Refrigeration System Upgrades - Various Arenas that:
1.!The tender submitted by Black & McDonald Limited, for the Refrigeration
System Upgrades at the various Arenas in the amount of $240,235 plus HST
be accepted. Further to the base tender amount, a contingency allowance be
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included out for this project in the amount of $10,000 plus HST, for a total cost
of $250,235 plus HST; and that the Mayor and City Clerk be authorized to
execute the necessary contract documents; and
2.!That the City accept the offer by the Regional Development Corporation for
Saint John -
Council at its May 17, 2021 meeting and that the Mayor and City Clerk by
authorized to execute the said offer.
5.2 That as recommended by the City Manager in the submitted report M&C
2021-146: Lower Roofs Replacement, City Market, Common Council approve the
tender submitted by Dowd Roofing Inc, for the Replacement of the Lower Roofs at
the City Market in the amount of $204,250.00 (plus HST) be accepted. Further to the
base amount, it a contingency allowance be carried for this project in the amount of
$20,000.00 plus HST, for a total amount of $224,250.00 plus HST; and that the Mayor
and City Clerk be authorized to execute the necessary contract documents.
5.3 That as recommended by the City Manager in the submitted report M&C 2021-
147: Contract 2021-147: National Disaster Mitigation Program (NDMP) Funding Sub-
Contribution Agreement; Common Council adopt the following:
That the City enter into a Sub-Contribution Agreement with Her Majesty the Queen in
Right of New Brunswick as represented by the Minister of Justice and Public Safety for
-147; and that the Mayor and City Clerk be
authorized to execute the necessary contract documents; and,
Common Council approve the proposal from CBCL Limited for the Flood Risk Mitigation
Strategy for Lower Cove Loop in the amount of $89,987.50 including HST be accepted and
that the Mayor and City Clerk be authorized to execute the appropriate documentation
in that regard.
5.4 That as recommended by the City Manager in the submitted report M&C 2021-
152: Contract 2021-07: Broadview Avenue (Charlotte Street to Carmarthen Street) -
Water, Sanitary and Storm Sewer Renewal and Street Reconstruction the contract be
awarded to the low tenderer, Galbraith Construction Ltd., at the tendered price of
$1,151,535.25 (including HST) as calculated based upon estimated quantities, and further
that the Mayor and City Clerk be authorized to execute the necessary contract
documents.
5.5 That as recommended by the City Manager in the submitted report M&C 2021-
157: Fire Services Review Reserve Funding, Common Council approve the transfer of
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$95,800.00 (plus applicable HST) from the General Fund Operating Reserves to fund the
cost of the Fire Service Review as part of the approved restructuring plan.
5.6 That as recommended by the City Manager in the submitted report M&C 2021-
148: CCTV Restore Peel Parking Garage,
1.!Common Council approve the expenditure of funds of $63,855.71 plus HST to
restore CCTV (closed-circuit television) functionality at the Peel Plaza Parking
Garage, and;
2.!Authorize the City Manager to sign the quote from Atlantic Alarm and Sound Ltd.
to indicate the prices, specifications and conditions are satisfactory and accepted;
and to authorize work to begin.
5.7 That as recommended by the City Manager in the submitted report M&C 2021-
149: Emergency Alerts Voicemail and Text Services, Common Council approve that:
1.!The City expend $0.02 per voicemail and text message sent during an emergency
event for emergency alert services from Twilio Inc. until the service is terminated
within 30 days of written notice; and further
2.!ut emergency alerts
3.!That the Mayor and City Clerk be authorized to execute any necessary documents
to effect the use of the Twilio emergency alert service.
5.8 That as recommended by the City Manager in the submitted report M&C 2021-
151: Statement of Work Agreement with Esri Canada, Common Council approve the
Agreement Esri Canada Consulting Service Request Terms and Conditions between Esri
professional services to
restore ArcGIS Enterprise and that Mayor and City Clerk be authorized to execute the
necessary documents.
5.9 That as recommended by the City Manager in the submitted report M&C 2021-
158: Non-Disclosure Agreement Between the City and Irving Pulp & Paper, Limited,
Torchlight Bioresources Inc., and Rathco Ltd:
1.!The City of Saint John enter into a Non-
information to be disclosed by The City of Saint John, IPPL, Torchlight, and Rathco
in discussions amongst the foregoing pertaining to the possibility of a district
energy system ("DES"); and further that
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2.!the Mayor and City Clerk be authorized to execute NDAs in a form substantially
similar to the template agreement attached, in order to ensure the confidentiality
of information as may be disclosed between The City of Saint John and other
applicable parties in future discussions with such parties regarding a DES.
5.10 That as recommended by the City Manager in the submitted report M&C 2021-
159: Student Microsoft Licensing the City enter into an Agreement with Softchoice LP,
an Ontario limited partnership, to purchase Office 365 on the Microsoft Cloud Solution
-159; and that the Mayor
and City Clerk be authorized to execute the necessary contract documents.
5.11 That as recommended by the City Manager in the submitted report M&C 2021-
155: Strategic Real Estate Capital Reserve Fund:
BE IT RESOLVED that Common Council create a Strategic Real Estate Capital Reserve Fund,
and that this fund is established from $1,625,899 received from Develop Saint John as
part of its wind down on December 31, 2021;
FURTHER BE IT RESOLVED that this fund be restricted for strategic real estate
development opportunities in the City of Saint John, and that the City Manager be
directed to return to Council with a policy on the parameters for spending from this fund.
Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan:
RESOLVED that the recommendation set out in each consent agenda item respectively,
be adopted.
MOTION CARRIED UNANIMOUSLY.
6. Proclamations
6.1 Disability Awareness Week May 30 to June 5, 2021
The Mayor proclaimed May 30 - June 5, 2021 Disability Awareness Week in the City of
Saint John.
7. Consideration of Issues Separated from Consent Agenda
8. Committee of the Whole
8.1 Letter of Intent LBR
Moved by Councillor MacKenzie, seconded by Councillor Reardon:
RESOLVED that the City enter into a Letter of Intent with the Board of Trustees of the Lord
Beaverbrook Rink at Saint John, Inc. for the purpose of adopting a License Agreement to
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access the Peter Murray Arena in the form attached to M&C No. 2021-156; and that the
Mayor and City Clerk be authorized to execute the necessary documents.
MOTION CARRIED.
9. Members Comments
Moved by Councillor MacKenzie, seconded by Councillor Reardon:
RESOLVED that the Procedural Bylaw rules regarding speaking time limits be suspended
to allow Council Members to speak longer than 3 minutes.
MOTION CARRIED.
Council Members commented on their term as elected officials on Common Council
th
coming to an end May 25 passing on the torch to a newly elected council and gave
thanks to their family, colleagues, staff and the public for their support, contributions,
hard work and sacrifices.
10. Adjournment
Moved by Councillor Norton, seconded by Councillor Reardon:
RESOLVED that the meeting of Common Council held on May 17, 2021 be adjourned.
MOTION CARRIED.
The Mayor declared the meeting adjourned at 7:16 p.m.
6
COMMON COUNCIL REPORT
M&C No. 2021-161
Report Date May 26, 2021
Meeting Date June 14, 2021
Service Area General Counsel
Her Worship Mayor Donna Noade Reardon and Members of Common Council
SUBJECT: Licence Agreement for Fog Cutter Inc. Mobile Food-Unit
AUTHORIZATION
Primary Author Commissioner/Dept. Head City Manager
Curtis Langille Melanie Tompkins John Collin
RECOMMENDATION
1.!That the City enter into a Licence Agreement with Fog Cutter Inc. in the
form as attached to M&C 2021-161; and further
2. That the Mayor and Common Clerk be authorized to execute the said
Licence Agreement and all other documents ancillary thereto.
EXECUTIVE SUMMARY
Fog Cutter Inc. is a food vendor franchise that is seeking approval from the City to
operate one of its mobile units for a period of three months on City owned land,
adjacent to the Loyalist Plaza. Considering the COVID-19 pandemic and its impact
on sales, Real Estate Services has not increased the rent for this season, other than
a slight increase for providing electricity to the unit. The location for this unit will
remain the same as last year, but will have a slightly shorter season due to the
anticipated construction schedule for Loyalist Plaza and the Market Square
Boardwalk, forming part of the Fundy Quay development. The remaining terms
and conditions, which are set out in the attached Licence Agreement, are
unchanged.
PREVIOUS RESOLUTION
N/A
REPORT
Fog Cutter Inc. wishes to locate its mobile food vendor unit on City owned
property within the Loyalist Plaza area (see attached map) for a fifth consecutive
year. With the exception of a slightly shorter season for the operation of the
mobile food unit, the attached terms and conditions of the Licence are essentially
- 2 -
the same as per the previous year. If Council is in agreement, the proposed licence
will facilitate the operation of Fog Cutter Inc. mobile unit once again for the 2021
season on City owned property.
STRATEGIC ALIGNMENT
Providing for entrepreneurial s in
creating a livable community that is vibrant and diverse, while providing an
integrated approach to economic development.
SERVICE AND FINANCIAL OUTCOMES
The Fog Cutter Mobile Unit situated in the Loyalist Plaza area will add to the vitality
and comLicence will generate a
total of $2,442.00 in rent for the full term.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
Envision Saint John and Facilities Management have provided input into the
preparation of this reportattached
Licence and is satisfied with the Terms and Conditions of the agreement.
ATTACHMENT
Licence Agreement with Fog Cutter Inc Mobile Food Unit.
COMMON COUNCIL REPORT
M&C No. 2021-162
Report Date May 27, 2021
Meeting Date June 14, 2021
Service Area General Counsel
Her Worship Mayor Donna Noade Reardon and Members of Common Council
SUBJECT: Licence Agreement for BeaverTails Mobile Food Unit
AUTHORIZATION
Primary Author Commissioner/Dept. Head City Manager
Curtis Langille Melanie Tompkins John Collin
RECOMMENDATION
1.!That the City enter into a Licence Agreement with BeaverTails Commercial
Inc. and Parent and Sons Investments Ltd. In the form as attached to M&C#
2021-162 , and further
2. That the Mayor and Common Clerk be authorized to execute the said
Licence Agreement and all documents ancillary thereto.
EXECUTIVE SUMMARY
BeaverTails is a food vendor franchise that is seeking approval from the City to
operate one of its mobile units for a period of 4 ½ months on City-owned land,
adjacent to the Loyalist Plaza. Considering the COVID-19 pandemic and its impact
on sales, Real Estate Services has not increased the rent for this season, other than
a slight increase for providing electricity to the unit. The location for this unit will
remain the same as last year, but will have a slightly shorter season due to the
anticipated construction schedule for Loyalist Plaza and the Market Square
Boardwalk forming part of the Fundy Quay development. The remaining terms
and conditions, which are set out in the attached Licence Agreement (the
, are unchanged.
PREVIOUS RESOLUTION
N/A
REPORT
BeaverTails wishes to locate one of its mobile units on City-owned property within
the Loyalist Plaza area (see attached map) for a ninth consecutive year. With the
exception of a slightly shorter season for the operation of the mobile food unit,
the attached terms and conditions of the Licence are essentially the same as per
- 2 -
the previous year. If Council is in agreement, the proposed license will facilitate
the operation of BeaverTails mobile unit once again for the 2021 season on City-
owned property.
STRATEGIC ALIGNMENT
Providing for entrepreneurial core aids in
creating a livable community that is vibrant and diverse, while providing an
integrated approach to economic development.
SERVICE AND FINANCIAL OUTCOMES
The BeaverTails Mobile Unit situated in the Loyalist Plaza area will add to the
vitality anLicence will
generate a total revenue of $3,663.00 in rent for the duration of the term.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
Envision Saint John and Facilities Management has provided input into the
Licence and is satisfied with the Terms and Conditions of the agreement.
ATTACHMENT
Licence Agreement for BeaverTails Mobile Food Unit
COMMON COUNCIL REPORT
M&C No. 2021-170
Report Date June 09, 2021
Meeting Date June 14, 2021
Service Area General Counsel
Her Worship Mayor Donna Noade Reardon and Members of Common Council
SUBJECT: Easement for Pedestrian Access in Favour of Civic #50 Princess Street
(Ritchie Building)
AUTHORIZATION
Primary Author Commissioner/Dept. Head City Manager
Curtis Langille Melanie Tompkins John Collin
RECOMMENDATION
1.!That the City grant an easement to 2753272 Ontario Inc. for Pedestrian
Access over PID No. 304683 , such easement to be
approximately 23.23 square metres (250 square feet), as generally shown
on the Favour of Civic #50 Princess
attached to M&C 2021-170,
in consideration of the sum of $1,000.00 and subject to the following
conditions:
a)!That the Grantee, at its own cost, prepare any plan of survey required
to depict the easement area and effect the conveyance;
b)!That the Grantee, at its own cost, repaint the five parking spaces that
must be relocated on the City Lands, as shown on the above noted
sketch;
c)!That the Grantee, at its own cost, place the necessary barriers, in
accordance with requirements of the National Building Code of
Canada, to protect the access to the Ritchie Building from the City
Lands;
d)!That the Grantee be responsible, at its own cost, for the maintenance
of the easement area, including snow removal and any reinstatement
and continued maintenance of the finished surface of the easement
area;
e)!That the Grantee pay for all registration and filing fees required by
Service New Brunswick, if applicable, for the plan of survey and Grant
of Easement; and
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2.!That the Mayor and City Clerk be authorized to execute the documents
necessary to effect the conveyance of the easement.
EXECUTIVE SUMMARY
A numbered company, 2753272 Ontario Inc. recently purchased the property at
civic #50 Princess Street (Ritchie Building) with plans of renovating the vacant
upper floors and converting them into fourteen (14) new apartment units. The
Ritchie building is 3 to 4 stories high and the upper floors have been vacant for
more than 40 years. To achieve the intended increase in density, the architectural
plans showing the design of the interior of the building require two new man-
doors located on the south-side of the Ritchie building; one for tenant access to
the upper floor residential units, and the other for a garbage disposal area. There
is a third door which has been in existence for a number of years that provides
access for one existing dwelling unit. The National Building Code of Canada
requires the main-doors noted above to have access to a public thorough-fare,
that being Canterbury Street. The City owns the adjoining lot, identified as PID
No.304683 where the proponent requires an access from their building at civic
#50 Princess Street. This lot is vacant and provides access to five (5) parking spaces
on-site in addition to a driveway access to the property to the rear.
Real Estate Services has negotiated with the owner of the Ritchie building to
provide an easement for pedestrian access from their building to Canterbury
Street, subject to the Terms and Conditions contained in the recommendation to
Council. If Council is in agreement, adoption of the recommendation contained in
this report will facilitate the required easement and provide for the renovation of
the upper floors of the Ritchie building for 14 new residential units.
PREVIOUS RESOLUTION
N/A
REPORT
The lands proposed to be subject to the recommended easement have been
owned by the City for a number of years. The purpose of this lot is mainly to
provide access to the parking areas, located on adjoining properties to the rear
of this lot. In addition, five parking spaces are situated on these lands, adjacent
to the Ritchie building. The lot is further encumbered by a 3.66 metre wide
utility easement that runs parallel to the south-side property boundary. There is
very little value to this lot, other than what has been described above.
The conditions we recommend be attached to the proposed easement will
facilitate the requirements of the National Building Code that would provide for
the required egress to and from the Ritchie building. The proponent will bear
- 3 -
the responsibility for all costs associated with the granting of this easement;
including the preparation of a plan of survey, SNB registration and filling fees, re-
painting the parking lines and any maintenance of the easement area, including
snow removal. The proponent will also be responsible for a one-time $1,000.00
fee for consideration of this grant of easement. If approved, Building Inspection
would be in a position to issue a building permit to allow the required
renovations to move forward. The increase in density of residential units in the
, increased tax base to the City and the enhanced utilization of the
current, vacant upper floors of this building are a win/win situation for all
involved.
STRATEGIC ALIGNMENT
Providing for entrepreneurial opportunities
creating a livable community that is vibrant and diverse, while providing an
integrated approach to economic development.
SERVICE AND FINANCIAL OUTCOMES
The addition of 14 town area will increase
the desired density of this neighbourhood, while enhancing the vitality of this area
and utilizing existing City services. This easement will generate a one time
$1,000.00 in revenue to the City, while increasing the tax base to the City.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
Growth and Community Services (Building Inspection and Planning) and the Saint
John Parking Commission have provided input into the preparation of this report.
is satisfied with the easement conditions and will
draft the Grant of Easement which will reflect those conditions.
ATTACHMENTS
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COMMON COUNCILREPORT
M&C No. 2021-132
Report Date June 08, 2021
Meeting Date June 14, 2021
Service Area Growth and Community
Services
Her Worship Mayor Donna Noade Reardon and Members of Common Council
SUBJECT: Proposed Public Hearing Date 85-87 and 91 King Street and 7
Sherwood Drive
AUTHORIZATION
Primary Author Commissioner/Dept. Head City Manager
Jennifer Kirchner Jacqueline Hamilton John Collin
RECOMMENDATION
RESOLVED That Common Council schedule the public hearing for the Zoning By-
law amendment application submitted by Malcolm Boyd on behalf of W/L
Holdings Inc. for the property located at 85-87 King Street (PID 00037093) and 91
King Street (PID 00039982) and a rezoning application submitted by Jordan Perry
for the property located at 7 Sherwood Drive (PID 00324012), for Monday, August
nd
23, 2021 at 6:30 p.m. at the Council Chamber, City Hall 2 floor, 15 Market Square,
Saint John, NB with a virtual participation option.
EXECUTIVE SUMMARY
The purpose of this report is to advise Common Council of the Zoning By-law
amendment application and the rezoning application received and to recommend
an appropriate public hearing date. The next available public hearing date is
Monday, August 23, 2021.
PREVIOUS RESOLUTION
At its meeting of August 3, 2004, Common Council resolved that:
1. the Commissioner of Planning and Development receive all
applications for amendments to the Zoning By-law and Section 39
\[now referred as section 59\] resolutions/agreements and proceed
to prepare the required advertisements; and
2. when applications are received a report will be prepared
recommending the appropriate resolution setting the time and
place for public hearings and be referred to the Planning Advisory
Committee as required by the Community Planning Act.
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REPORT
In response to the motion above, this report indicates the applications received
and recommends an appropriate public hearing date. Details of the applications
are documentation
at the public hearing.
The following application has been received:
Name of Location Existing Proposed Reason
Applicant Zone Amendment
Malcolm Boyd 85-87 King Uptown Amendment to To construct a
on behalf of Street (PID Commercial Schedule G building
W/L Holdings 00037093) (CU) (Central containing
Inc. and 91 King Peninsula commercial
Street (PID Maximum and
00039982) Building Height residential
Map) of the uses.
Zoning By-law to
increase the
building height
from 28 metres
and 42 metres
to
approximately
55 metres.
Name of Location Existing Proposed Zone Reason
Applicant Zone
Jordan Perry 7 Sherwood Local Mid-Rise To remove a
Drive (PID Commercial Residential (RM) commercial
00324012) (CL) zone use and to
legalize 3
existing
residential
units.
STRATEGIC ALIGNMENT
While the holding of public hearings for proposed Zoning By-law amendments and
rezoning are a legislative requirement of the Community Planning Act, it is also a
key component of a clear and consistent land development processes envisioned
in the One Stop Development Shop Program. These processes provide
transparency and predictability for the development community and City
residents.
- 3 -
On a broader note, the development approval process works towards fulfilling key
Council priorities including:
!ensuring Saint John has a competitive business environment for
investment,
!supporting business retention and attraction; and
!driving development in accordance with PlanSJ which creates the density
required for efficient infrastructure, services, and economic growth.
SERVICE AND FINANCIAL OUTCOMES
The scheduling of the public hearing and referral to the Planning Advisory
Committee satisfies the legislative and service requirements as mandated by the
Community Planning Act.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
N/A
ATTACHMENTS
None
COMMON COUNCILREPORT
M&C No. 2021-165
Report Date June 08, 2021
Meeting Date June 14, 2021
Service Area Utilities and
Infrastructure Services
Her Worship Mayor Donna Noade Reardon and Members of Common Council
SUBJECT: Municipal Operations Office Building Cladding and Glazing
Replacement: 175 Rothesay Avenue
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author Commissioner/Dept. Head City Manager
3 ¬¨± 9 ¬¬¨¤ *ȁ "±¤³ -¢'®µ¤± *®§ #®««¨
RECOMMENDATION
It is recommended that the tender submitted by Eclipse Construction Services
Ltd., for the Cladding and Glazing Replacement at the Municipal Operations
Office Building in the amount of $445,826.47 (plus HST) be accepted. Further
to the base tender amount, it is recommended that a contingency allowance
be included out for this project in the amount of $40,000 plus HST, for a total
cost of $485,826.47 plus HST. Additionally, it is recommended that the Mayor
and Common Clerk be authorized to execute the necessary contract
documents.
EXECUTIVE SUMMARY
The purpose of this report is the Cladding
and Glazing Replacement at the Municipal Operation Office Building to the
lowest compliant bidder.
PREVIOUS RESOLUTION
NA
STRATEGIC ALIGNMENT
The Cladding and Glazing Replacement at the Municipal Operation Complex
Building is clearly aligned with the Councilinvest in sustainable City
services and municipal infrastructure as well as with the Asset Management Policy
to minimize risk to the Level of Service (LOS).
REPORT
second-floor windows are
over 36 years old and are in poor condition.
observable
from the street. The metal siding presents rust, blemishes, discoloration, and
damaged surfaces at all metal cladding surfaces. Rust issues are primary among
the observable deficiencies, particularly at the surface of the metal cladding of
the south and west facing elevations.
The scope consists of the following:
Removal of horizontal metal siding, flashings, and accessories to facilitate
the installation of z-bar designed to support new metal cladding and
composite panels.
Removal of existing glazing at the second-floor level.
Install new metal cladding.
Install new glazing
SERVICE AND FINANCIAL OUTCOMES
The total cost to complete the work for the Cladding and Glazing Replacement at
the Municipal Operation Complex Building, if awarded to the lowest bidder as
recommended, will be $506,648.97 Including HST Rebate and $40,000
contingency.
The pre-tender budget for the work was estimated at $495,000 plus HST not
including contingency.
Cost of this project is funded under the Covid-19 Resilience Infrastructure Stream
Funding and the City General 2021 Capital Program.
The analysis is as follows:
Capital Budget: $105,000
Covid-19 Funding Stream: $418,600
Project net cost: $506,648.97
Variance (Under Budget): $16,951.03
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
th
A public tender call was issued on May 14, 2021 and closed on June 1, 2021. Two
(2) companies responded to the tender call by submitting bids. The results are as
follows (excluding HST):
COMPANY NAME TENDER PRICE*
Eclipse Construction Services Ltd. $ 445,826.47
Avondale Construction Ltd. $ 513,000.00
*Exclusive of HST
Staff of Supply Chain Management have reviewed the tenders and have found
them to be complete and formal in every regard. Staff believes that the low
tenderer has the necessary resources and expertise to perform the work and
recommend acceptance of their tender.
The above pSupply
Chain Management support the recommendation being put forth.
ATTACHMENTS
N/A
/haahb /h b/L\[w9thw
M&C No. 2021-167
Report Date June 08, 2021
Meeting Date June 14, 2021
Service Area Utilities and
Infrastructure Services
Her Worship Mayor Donna Noade Reardon and Members of Common Council
SUBJECT: /ƚƓƷƩğĭƷ ЋЉЋЊΏЊЊʹ {Ʒ͵ WğƒĻƭ {ƷƩĻĻƷ ΛtƩźƓĭĻ źƌƌźğƒ {ƷƩĻĻƷ Ʒƚ DĻƩƒğźƓ
{ƷƩĻĻƷΜ ğƷĻƩͲ {ğƓźƷğƩǤ ğƓķ {ƷƚƩƒ {ĻǞĻƩ wĻƓĻǞğƌ ğƓķ {ƷƩĻĻƷ
wĻĭƚƓƭƷƩǒĭƷźƚƓ
AUTHORIZATION
Primary Author Commissioner/Dept. Head City Manager
J. Brent McGovern / John Collin
Michael Baker
RECOMMENDATION
It is recommended that Contract 2021-11: St. James Street (Prince William Street
to Germain Street) Water, Sanitary and Storm Sewer Renewal and Street
Reconstruction be awarded to the low tenderer, TerraEx Inc., at the tendered
price of $515,539.25 (including HST) as calculated based upon estimated
quantities, and further that the Mayor and Common Clerk be authorized to
execute the necessary contract documents.
EXECUTIVE SUMMARY
The purpose of this report is to recommend that Council award Contract 2021-11:
St. James Street (Prince William Street to Germain Street) Water, Sanitary and
Storm Sewer Renewal and Street Reconstruction to the low Tenderer.
PREVIOUS RESOLUTION
February 22, 2021: M&C 2021-051 Utility and General Fund Revised 2021
Capital Programs approved.
May 3, 2021: M&C 2021-135 Utility and General Fund 2021 Capital Programs
Revision II approved.
- 2 -
REPORT
BACKGROUND
The approved 2021 General Fund and Water and Sewerage Utility Fund Capital
Programs include funding for the reconstruction of St. James Street from Prince
William Street to Germain Street. The work involves the replacement of the
existing watermain and sanitary sewer, installation of a new storm sewer for
separation and full street reconstruction including new concrete curb, concrete
sidewalk, grass medians, roadway granulars, asphalt, trees, and signage.
TENDER RESULTS
Tenders closed on June 1, 2021, with the following results, including HST:
1. TerraEx Inc., Saint John, NB $515,539.25
2. Dexter Construction Company Limited, $595,466.55
Saint John, NB
3. Fairville Construction Ltd., Saint John, NB $627,371.00
4. Galbraith Construction Ltd., Saint John, NB $699,617.75
567,449.10, including HST.
ANALYSIS
The tenders were reviewed by staff and all were found to be formal in all respects.
Staff is of the opinion that the low tenderer has the necessary resources and
expertise to perform the work and recommend acceptance of their tender.
FINANCIAL IMPLICATIONS
The Contract includes work that is charged against the 2021 General Fund and
Water and Sewerage Utility Fund Capital Programs. This project is partially funded
by the Integrated Bilateral Funding program. Assuming award of the Contract to
the low tenderer, an analysis has been completed which includes the estimated
amount of work that will be performed by the Contractor and Others.
The analysis is as follows:
Budget $ 621,000
Project net cost $ 591,500
Variance (surplus) $ 29,500
- 3 -
POLICY TENDERING OF CONSTRUCTION CONTRACTS
The recommendation in this report is made in accordance with the provisions of
Specifications, and the specific project specifications.
STRATEGIC ALIGNMENT
This report rity for Valued Service Delivery, specifically as
it relates to investing in sustainable City services and municipal infrastructure.
Throughout the preliminary design development in 2020 the engineering team
worked closely with Transportation Services and Growth and Community Services
to ensure all municipal plans, policies and by-laws were adhered to during
preliminary design development. Transportation Services and Growth and
Community Services were involved in the full review process (Preliminary design
to Final Design) throughout the design development.
Currently, the Saint John Traffic By-Law permits alternate side parking (switching
twice monthly) on this section of St. James Street. The on-street parking is utilized
by the area residents through the Residential Zone Parking Permit program. It was
determined through the preliminary design process with Transportation Services
that on street parking would be incorporated in the design as it is utilized by area
residents for parking their vehicles. The street is also one-way with traffic flowing
in a westerly direction. The reconstructed street will allow for the two 2.4m wide
parking lanes (alternating sides) and a travel lane width, including allowance for
snow storage.
For this project, a review of the Central Peninsula Secondary Plan (The Plan) was
completed. The Plan contains several Policies and Proposals relating to the
Central Peninsula. Throughout the engagement process in developing the Plan,
more street trees and greening was identified as a community priority. With
respect to St. James Street, the Plan has identified the conditions on the street as
substandard; there are numerous vacant lots and derelict buildings and the street
lacks greenery. It has identified the need for public investment along St. James
Street to encourage infill development and improvements to the existing housing
stock to reposition the street as an important and attractive corridor.
The Plan contains the following Policies and Proposals relating to St. James Street:
Policy:
SE-3 Reposition St. James Street as an important east-west corridor
thereby facilitating reinvestment
Proposals:
6. Complete the gaps in the fabric along St. James Street through infill
development.
- 4 -
7. Promote the redevelopment of the St. John the Baptist/King Edward
School site as new residential development. Ensuring the development
of the new school and the implementation of the Secondary Plan are
coordinated and mutually supportive will be critical to the realization
of the Vision.
8. Encourage the adaptation, expansion, or redevelopment of the
commercial-industrial building on the block bounded by Wentworth,
St. James, Carmarthen, and Queen Streets as contemporary
community hub, which may include such facilities as health clinics,
learning centres, gathering spaces, and other neighbourhood assets.
9. On the same block, encourage the development of residential infill
such as townhouses along Carmarthen Street between St. James Street
and Queen Street to increase density, housing stock, and repair the
street at the west end of St. James Street.
10. Extend Germain Street to connect with Lower Cove Loop to re-
establish the grid pattern of streets and open up more land for
residential development by contemplating a stop up and closure of
Ross Street.
11. Create an enhanced streetscape and public realm along St. James
Street to encourage investment and improve pedestrian conditions.
The reconstruction of this section of St. James Street supports the above through
the replacement of asphalt curbs with concrete curbs and asphalt sidewalks with
new concrete sidewalks, new grass medians and the planting of street trees. For
the one vacant lot for this section of St. James Street water, sanitary and storm
services will be installed to the property line in an attempt to ensure the street
does not need to be excavated in the future for development at this vacant lot. In
addition, access ramps will be installed in the sidewalks at pedestrian crossings
that will be flush to the asphalt roadway surface to remove any barriers to access
by all users of the pedestrian transportation infrastructure.
The plans to improve the accessibility for pedestrians and the plans for additional
this reconstruction project is supported by MoveSJ. The draft MoveSJ Cycling
Strategy aligns closely with the Central Peninsula Secondary Plan by identifying
several north-south and east-west Active Transportation (AT) corridors through
the Peninsula. Lower Cove Loop and Broad Street are identified as an east-west
Active Transportation corridor, building off the vision for Harbour Passage around
the Peninsula. Although cyclists will continue to be permitted to use St. James
Street, the envisioned AT investment in the nearby Lower Cove Loop/ Broad Street
corridor means there is not the expectation as part of MoveSJ that specific cycling
infrastructure needs to be incorporated into the St. James Street design.
- 5 -
SERVICE AND FINANCIAL OUTCOMES
The municipal infrastructure on this street is in poor condition and requires
replacement. The renewal of the infrastructure will reduce the likelihood of future
service disruptions to the residents due to infrastructure failures. The storm water
and sanitary sewer flows will also be separated on this section of St. James Street.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
This report was reviewed with Public Works and Transportation Services.
ATTACHMENTS
N/A
COMMON COUNCIL REPORT
M&C No. 2021-163
Report Date June 01, 2021
Meeting Date June 14, 2021
Service Area General Counsel
Her Worship Mayor Donna Noade Reardon and Members of Common Council
SUBJECT: Licence Agreement for Gahan Beer Garden at Loyalist Plaza
AUTHORIZATION
Primary Author Commissioner/Dept. Head City Manager
Curtis Langille Melanie Tompkins John Collin
RECOMMENDATION
1.!That the City enter into a Licence Agreement with Murphy Investments
Ltd./Gahan Saint John Inc. in the form as attached to M&C 2021-163; and
further
2. That the Mayor and Common Clerk be authorized to execute the said
Licence Agreement and all other documents ancillary thereto.
EXECUTIVE SUMMARY
Murphy Investments Ltd./Gahan Saint John Inc. (Gahan) is seeking approval from
nd
the City to operate for a 2 consecutive season, a beer garden at Loyalist Plaza.
The facility would operate for a period of three months on the same premises as
last year. Considering the COVID-19 pandemic and its impact on sales, Real Estate
Services has not materially increased the rent for this season; there is a slight
increase in rent for providing electricity to the business. The location for this beer
garden will remain the same as last year but will have a slightly shorter season due
to the anticipated construction schedule for Loyalist Plaza and the Market Square
Boardwalk, forming part of the Fundy Quay development. The terms and
conditions, which are set out in the attached Licence Agreement, remain largely
the same as the previous year.
PREVIOUS RESOLUTION
N/A
- 2 -
REPORT
The Gahan Beer Garden operated last season at Loyalist Plaza. It was well
supported by patrons and added vibrancy to the Market Square/Boardwalk area.
Initially, it was anticipated this season that the Boardwalk and Loyalist Plaza area
would be under construction as part of the Fundy Quay development; however,
that construction timeline has been pushed to September, at the earliest. As a
result, the City is in a position to offer a licence for the Gahan Beer Garden to
operate again this year.
Since the Covid-19 pandemic is still ongoing, staff have not increased the rent
over last season to mitigate a potential impact on sales. The Terms and
Conditions under which Gahan operated last season will remain essentially the
same for this year, except that cost of the power utility required to operate the
business will be added to the rent being collected.
STRATEGIC ALIGNMENT
creating a livable community that is vibrant and diverse, while providing an
integrated approach to economic development.
SERVICE AND FINANCIAL OUTCOMES
The Gahan Beer Garden situated in the Loyalist Plaza area will add to the vitality
total of $4,362.00 in rent for the full term.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
Envision Saint John and Facilities Management have provided input into the
Licence and is satisfied with the Terms and Conditions of the agreement.
ATTACHMENT
Licence Agreement with Murphy Investments Ltd./Gahan Saint John Inc. for Beer
Garden.
/h b/L\[w9thw
M&C No. 2021-176
Report Date June 07, 2021
Meeting Date June 14, 2021
Service Area Public Works and
Transportation Services
Her Worship Mayor Donna Noade Reardon and Members of Common Council
SUBJECT: Fleet Replacement Procurement June 2021
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author(s) Commissioner/Dept. Head City Manager
Kevin Loughery / Michael Hugenholtz / John Collin
Chris Roberts Jeff Hussey
RECOMMENDATION
It is recommended that Common Council award the purchase of three (3) half
ton, four-wheel drive extended cab pick-up trucks and two (2) three-quarter ton,
four-wheel drive extended cab pick-up trucks at a total cost of $290,564.00 plus
HST to Downey Ford Sales Ltd.
EXECUTIVE SUMMARY
The City of Saint John manages a fleet rolling stock of approximately 290 units.
EManagement Division works with various City
departments to identify and replace units which have reached the end of their
useful service lives. The purpose of this report is to make recommendations to
award the latest proposed units which require Common Council approval.
The City currently has over 75 units past their optimal replacement point (ORP, a
calculation based on the age of a unit, the odometer reading, overall condition
and maintenance cost) and this year, 36 units (some of which are the least reliable
and most expensive to maintain)
processes.
PREVIOUS RESOLUTION
Not applicable.
- 2 -
REPORT
Of the 290 rolling stock units, Fleet Management manages approximately 94
pickup trucks utilized by various City of Saint John departments and commissions.
These people units, equipment units and toolbox units perform a wide variety of
tasks; crew movers, supervisors, mini-packers, mini-dump, rescue, line painting,
sign installation, crane, boom and bucket, locates, fleet pool, etc.
Below is a breakdown of Service Area allocations, as well as the payload capacity
of the units.
Total Current Pick-Up Units
Saint John Police Force
01020304050
Fire andPublic Works
Utilities and
EmergencySaint John PoliceAnd
Infrastructure
MangementForceTransportation
Services
Payload
ServicesServices
Capacity
150 / 1500
311622
250 / 2500
30215
350 / 3500
0051
450 / 4500
00147
550 / 5500
3110
The five (5) pick-up trucks in this recommendation are to replace five (5), like for
like, units; 411,434, 438, 410, and 428.
- 3 -
Maintenance Cost
$45,000.0020.5
20
$40,000.00
19.5
$35,000.00
19
$30,000.00
18.5
$25,000.00
18
$20,000.00
17.5
$15,000.00
17
$10,000.00
16.5
$5,000.00
16
$-15.5
438 -410 -
428 -434 -411 -
20112015
201420132013
GMCFORD
DODGEFORDFORD
CANYOF250
RAMSUPERCSUPERC
N W/EXT.
1500 STAB 4X4AB 4X4
BOX CACAB
Lifetime
$19,796.2$38,868.4$28,794.1$37,251.7$26,035.6
Last Three Years
$12,026.7$22,960.8$21,306.1$26,473.8$17,707.4
ORP #
2019191817
Of the five (5) units being replaced, three (3) units will be sent to directly to
auction and two (2) units will be cycled / removed from active use and held to
offset 2022 summer rental period. Once the 2022 summer rental period is over,
the two (2) remaining units will be sent to auction.
The unit specifications used in this RFP process have been previously utilized for
past recent purchases and should allow for a closer standardization of the fleet,
should reallocation be required. The tentative delivery date on the new five (5)
pick-up trucks is 52 weeks.
PREVIOUS RESOLUTION
Not applicable.
STRATEGIC ALIGNMENT
as it relates to investing in sustainable City services and municipal infrastructure.
SERVICE AND FINANCIAL OUTCOMES
This purchase is a planned replacement of existing fleet units, approved in the
2021 capital budget. The funds specifically are provided for in the Water Fleet
Reserve, funded from the respected operating budgets.
- 4 -
The specifications allow for vendors to submit proposals of new and/or used
equipment to be evaluated using common criteria.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS SUPPLY CHAIN
MANAGEMENT
Supply Chain Management facilitated two (2) Request for Proposal (RFP)
processes to solicit proposals for:
1.!Pick-Up Truck: Half Ton Four Wheel Drive Extended Cabs
2.!Pick-Up Truck: Three-Quarter Ton Four Wheel Drive Extended Cabs
As such the two (2) RFP processes closed on May 27, 2021 with the following
proponents responding by submitting proposals:
The first RFP for Pick-Up Truck: Half Ton Four Wheel Drive Extended Cabs:
COMPANY NAME RFP PRICE*
Downey Ford Sales Ltd. $54,950.00
*Exclusive of HST
The second RFP for Pick-Up Truck: Three-Quarter Ton Four Wheel Drive
Extended Cabs:
COMPANY NAME RFP PRICE*
Downey Ford Sales Ltd. $62,857.00
*Exclusive of HST
A review committee, consisting of staff from Supply Chain Management, Utilities
and Infrastructure Services and Fleet Services reviewed the submissions for
completeness and compliance with the RFP requirements and selection criteria
consisting of the following:
1. Presentation and Quality of Proposal
2. Compliance with Specifications
3. Delivery Timeframe
4. Service Response Time
5. Value Added
6. Cost
ndard procedures, the committee
merits. Following this, the financial bids were opened and evaluated, and
corresponding scores were added to the technical scores.
Downey Ford Sale
overall rating of the evaluation criteria offering strong overall solutions for the
City at the lowest cost.
- 5 -
Supply Chain Management support the recommendations being put forth.
ATTACHMENTS
None
/haahb /h b/L\[ w9thw
M&C No. 2021-168
Report Date June 08, 2021
Meeting Date June 14, 2021
Service Area Legislative Services
Her Worship Mayor Donna Noade Reardon and Members of Common Council
SUBJECT: /ğƓĭĻƌƌğƷźƚƓ ƚŅ /ƚƒƒƚƓ /ƚǒƓĭźƌ aĻĻƷźƓŭ
AUTHORIZATION
Primary Author Commissioner/Dept. Head City Manager
Jonathan Taylor John Collin
RECOMMENDATION
That the Common Council Meeting scheduled for Monday, August 9, 2021 be
cancelled.
REPORT
Council and Committee of the Whole meeting are schedule on Monday evenings
on a bi-weekly basis.
Staff is recommending that the Common Council meeting scheduled for Monday,
August 9, 2021 be cancelled to facilitate summer vacation time and assist with
workload management. An additional Common Council meeting can be scheduled
at another time, should the need arise.
PREVIOUS RESOLUTION
n/a
STRATEGIC ALIGNMENT
n/a
SERVICE AND FINANCIAL OUTCOMES
n/a
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
n/a
ATTACHMENTS
ЋЉЋЊ wĻǝźƭĻķ /ƚƒƒƚƓ /ƚǒƓĭźƌ {ĭŷĻķǒƌĻ
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COMMON COUNCIL REPORT
M&C No. 2021 - 169
Report Date June 09, 2021
Meeting Date June 14, 2021
Service Area Strategic Services
Her Worship Mayor Donna Noade Reardon and Members of Common Council
SUBJECT: Microsoft Business and Services Agreement Renewal Update
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author Commissioner/Dept. Head City Manager
Stephanie Rackley-Roach Kevin Fudge John Collin
RECOMMENDATION
The City Manager recommends that:
1.!Common Council approve the unforeseen, one-time additional
expenditure , as required, for enhanced
Microsoft security in the amount up to $188,856.72 plus HST;
2.!The City amend the three (3) year-term Enterprise Enrollment Agreement
with Microsoft Corporation for Volume Licensing Renewal
of Mfor years 2 and 3 as outlined in the forms attached
to M&C 2021-169; and
3.!That the Mayor and City Clerk be authorized to execute the necessary
documents from Microsoft (attached) and documents ancillary thereto.
EXECUTIVE SUMMARY
Common Council approved a three (3) year Enterprise Enrollment Agreement
on June 8, 2020. The
intention of the Agreement was to purchase Microsoft licenses that would allow
the City to migrate to an Office 365 environment (i.e., a hosted solution) over the
next three years. With the cyberattack experienced on November 13, 2020, the
City was forced to accelerate the implementation of Office 365 within weeks to
restore the network, critical applications, and data.
The original Agreement included basic
profile as it relates to cyberattacks, it was recommended that the City implement
- 2 -
enhanced security licenses. In addition to features that prevent dangerous links
and malicious attachments from entering an organization via email and other
tools, the enhanced security provides more intelligent threat protection,
investigation, and response. It also allows for more flexibility to configure the
Cityconditional access and other security protocols.
The annual cost in the original Agreement was $238,490.16 plus HST. Working
with Softchoice, the Microsoft Vendor, a business case was created to
ensure that the City was properly licensed for years 2 and 3 of the Agreement to
support public service delivery and meet security requirements. The new annual
cost is $427,346.88 plus HST, an additional cost of $188,856.72 plus HST.
Since the network was restored, the City has been purchasing monthly security as
an interim solution for each user. The projected annal cost of this interim solution
is approximately $302,784 plus HST (based on 950 users). Once the new Microsoft
Agreement is in place the City will no longer be paying for the interim monthly
solution. The City will submit a portion of the monthly costs paid to date for
security as part of the insurance claim.
PREVIOUS RESOLUTION
Resolved June 8, 2020:
That as recommended by the City Manager in the submitted report M&C 2020-
87: Microsoft Business and Services Agreement Contract Renewal, Common
Council adopt the following:
1.!The City enter into a three (3) year term Enterprise Enrollment Agreement
software as outlined in the forms attached to M&C 2020-87; and
2.!That the Mayor and Common Clerk be authorized to execute the necessary
documents from Microsoft (submitted).
REPORT
current A
by Common Council on June 8, 2020. The Agreement at that time was for three
(3) years and developed to prepare the City to migrate to Microsoft Office 365.
The City and its Commissions use a number of Microsoft software products
including:
!Operating Systems (OS) for over 700 desktop computers, laptops, and
tablets;
!Microsoft Office Suite (e.g., Word, Excel, PowerPoint);
- 3 -
!Operating Systems for servers (e.g., computers that run applications,
storage); and
!Application software (e.g., email, SharePoint, Teams, and databases).
The software listed above enables approximately 950 users to deliver public
service. This software powers and enables City communication and collaboration
systems (i.e., through email and Teams), 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.
On November 13, 2020, the City of Saint John experienced a cyberattack. The
scope of the attack was wide-
IT infrastructure. As part of the forensic investigation, a decision was made to
team with the
Agreement to start the rebuild (i.e., set up users, emails, servers).
The original Agreement did not include enhanced security licenses required to
better protect the City against cyberattacks and mitigate damage should an attack
occur. Basic security was included only as it typically takes several years to move
from an on-premise (i.e., local installation) to a hosted (i.e., cloud) solution.
However, with the need to
quickly as possible, enhanced security licenses were purchased through
annual renewal process to include enhanced security as part of the Agreement.
The original Agreement included Advanced Threat Protection that works
to prevent dangerous links and malicious attachments from entering an
organization via email and other tools (i.e., SharePoint, OneDrive, and Teams). On
the occasion that Office 365 ATP somehow fails to intercept these dangers, the
automated investigation and response feature will kick in and remediate the
breach. These security features are considered basic.
The security licensing included in the renewal of the Microsoft Agreement for
years 2 and 3 is enhanced. This plan affords an organization the same functionality
as ATP, plus more intelligent features related to threat protection, investigation,
and response. It also supports more complex configuration for conditional access
(i.e., who can and cannot access the network) and compliance management.
When considering an organization cybersecurity risk profile, enhanced Microsoft
security is considered an industry best practice. Governments and large
organizations are at a higher risk for cyberattacks. Organizations that have been
attacked once, with public communication of the event and severity, are at an
even greater risk of experiencing subsequent attacks. While organizations can
- 4 -
secure their systems to prevent attacks, ,
n organization is attacked. Microsoft is considered the best security
solutions provider and the implementation of enhanced security is just one
component of a strong cybersecurity program.
STRATEGIC ALIGNMENT
One of Common
improvement to drive operational efficiencies. The Microsoft contract renewal
achieves this by right-sizing the licensing and security requirements for an
organization as complex as the City of Saint John. This includes both the City and
Police security requirements.
SERVICE AND FINANCIAL OUTCOMES
orking with Softchoice
and Microsoft, the City was able to gain additional flexibility in securing Microsoft
licensing that would enable service areas to deliver public service cost-effectively
with enhanced security.
The Agreement approved by Common Council in 2020 outlined an annual cost of
$238,490.16 plus HST. With the inclusion of enhanced security for the remaining
years of the agreement (i.e., years 2 and 3), the cost has increased to $427,346.88
plus HST. The increased cost is $188,856.72 plus HST.
The requirement for enhanced Microsoft security was not foreseen at the time
Common Council approved the 2021 operating budgets. Enhanced security
features were implemented given the accelerated migration to Office 365 to
rebuild network services necessitated as a result of the cyberattack on November
13, 2020. Working with the Finance Team, these increased costs will be offset
with surpluses in the operating budgets. However, if projected surpluses cannot
cover the full increase in cost of Microsoft licensing of $188,856.72 plus HST, the
additional funds will The
operating reserve contains funds set aside to address costs related to unexpected
and/or emergency events. Any funds required from the operating reserve for
enhanced security costs in 2021 may be replaced with monies recovered from the
insurance claim.
The City is currently paying $26.56 plus HST per user each month for the enhanced
security through Bulletproof. With approximately 950 users onboarded to the
C, an annual cost for enhanced
security on a monthly basis is approximately $302,784 plus HST. Converting
enhanced security into the Microsoft Agreement creates annual savings of
$124,562.88 plus HST over the month-to-month approach.
- 5 -
Given the necessity to implement enhanced security immediately to rebuild the
network, the City will submit a portion of the month-to-month security license
costs paid to date as part of the insurance claim. The IT team will work with the
The cost associated with licensing users is allocated in respective service area
operating budgets. The additional security costs were not approved in 2021
operating budgets as the enhanced security was not anticipated until the
cyberattack. Given the necessity of the enhanced security, the IT team will work
with the Finance team to ensure that the Microsoft licensing costs, inclusive of
enhanced security, are properly allocated moving forward.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
G eneral Counsel has been involved in discussions with Softchoice and Microsoft.
This report and attached documentation have been provided to General Counsel
for their review.
The Finance Team has been consulted on the impact of the additional costs for
Microsoft security on the 2021 operating budget. The impact will be reflected in
the budget analysis for each service area and the operating reserve.
ATTACHMENTS
1.!Program Signature Form
2.!Customer Price Sheet
3.!Product Select Form
!
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Njdsptpgu!Bggjmjbuft!tjhojoh-!bt!pg!uif!fggfdujwf!ebuf!jefoujgjfe!cfmpx/!
Microsoft Licensing Contracts
LicensingDocumentsNumberorCode
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Epdvnfout!jo!uif!ubcmf!jnnfejbufmz!bcpwf/
MicrosoftLicensingAffiliate
Microsoft Corporation
Signature !!!!!
Printed First and Last Name !!!!!
Printed Title !!!!!
Signature Date !!!!!
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Agreement Effective Date !!!!!
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Purchasing Documents Number or Code
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Microsoft Sales Affiliate
Microsoft Canada, Inc.
CRA Busn. No. (BN):!988956:52!
GST/HST:!988956:52SU1112!
QST:!2132147:77UR1112
Signature !!!!!
Printed First and Last Name !!!!!
Printed Title !!!!!
Signature Date !!!!!
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To Accept All Contracts
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COMMON COUNCIL REPORT
M&C No. MC 2021-175
Report Date June 08, 2021
Meeting Date June 14, 2021
Service Area Public Works and
Transportation Services
Her Worship Mayor Donna Noade Reardon and Members of Common Council
SUBJECT: Peter Murray Arena License with the Lord Beaverbrook Rink
AUTHORIZATION
Primary Author Commissioner/Dept. Head City Manager
Michael Hugenholtz John Collin
RECOMMENDATION
RESOLVED that the City enter into a three (3) month License Agreement with the
Board of Trustees of the Lord Beaverbrook Rink at Saint John, Inc. for the use of
the Peter Murray Arena in the form attached to M&C No. 2021-175; and that the
Mayor and City Clerk be authorized to execute the necessary documents.
EXECUTIVE SUMMARY
This report proposes a License with the Board of Trustees of the Lord Beaverbrook
Rink at Saint John, Inc. to permit them access to and operate the Peter Murray
Arena for the approximate months of July, August, and September, 2021. This
opportunity would provide additional access to a City of Saint John recreation
PREVIOUS RESOLUTION
At its May 17, 2021 meeting Common Council endorsed signing a Letter of Intent
(LOI) with the Board of Trustees of the Lord Beaverbrook Rink at Saint John, Inc.
(LBR). This LOI is attached to this report. This LOI set the groundwork for the
License that is before Common Council for consideration. The LOI also provided
the LBR with ability to pursue clients as part of their Business Case ahead of the
License being ready.
REPORT
The City of Saint John operates three City arenas, the Peter Murray Arena, the
Charles Gorman Arena, and the Stewart Hurley Arena. These arenas traditionally
operate seasonally, October through March, however one of the three arenas has
- 2 -
also traditionally operated a month or more before and after the start and finish
of this
Since 2018, arenas have been operated even outside these months. In 2018,
arenas were operated in August to support the Canada 55+ Games. In 2019, 2020,
and until May 15 in 2021, the City entered into Licenses with two different hockey
schools to exclusively provide access to one City operated arena.
The LBR approached City staff to discuss a License at one arena for the remainder
Unlike
in the previous Licenses, in this case the LBR, not the City, would operate an arena
traditionally operated by City staff. Given that the LBR (the Board) has experience
operating a city-owned arena, City staff had comfort exploring this opportunity.
This change however resulted in the need for new terms to a License that were
not in place in previous instances.
Through consistent communications between the LBR and City staff, a
consideration that considers this change in operating model.
Towards Enhancing a Robust Relationship
Both the City and the LBR operate City-owned arenas that are ultimately assets in
which City taxpayers are financially responsible for operating and infrastructure
deficits. There is some coordination of the two operations such as common use
of contractors, sharing of equipment, support from City departments, and
approval of Capital expenditures.
There are some broader policy and management considerations, in which more
robust and regular communications between the two organizations would
benefit. These include applicati
Policy, safety management, facility booking coordination opportunities, and
marketing.
Exploring the LBR operating the Peter Murray Arena this summer is another
example where ongoing collaboration can result in improved community benefits.
.
SERVICE AND FINANCIAL OUTCOMES
This opportunity would provide additional access to a City of Saint John recreation
facility for the
The proposed monthly fee of $18,000 that the LBR would pay the City is expected
to recover variable costs, contingencies, quality assurance, and a contribution to
- 3 -
facility wear & tear. In this case, labour costs associated with operations &
maintenance were subtracted from the rate as the LBR would use their own staff.
Since the City is responsible for the operating deficit of the LBR, any net revenues
benefit of City taxpayers. On the other hand, any net expenses during the License
would ultimately be the responsibility of City taxpayers.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
Input on this opportunity has been provided by Growth & Community Services,
Facility Management, and our Insurance team.
reviewed the attached License Agreement.
Communications between City staff and board members of the LBR have
continued.
ATTACHMENTS
List attachments related to report.
!Letter of Intent executed by both parties.
!License Agreement between the City of Saint John and the Board of
Trustees of the Lord Beaverbrook Rink at Saint John, Inc.
This License made in duplicate this ____ day of June, 2021.
BY AND BETWEEN:
THE CITY OF SAINT JOHN, having its
City Hall at 15 Market Square, Saint John,
New Brunswick, a body corporate by Royal
Charter, confirmed and amended by Acts of
the Legislative Assembly of the Province of
New Brunswick, hereinafter called the
Licensor
OF THE ONE PART
-! and -
BOARD OF TRUSTEES OF THE LORD
BEAVERBROOK RINK IN SAINT
JOHN, INC. a body corporate duly
incorporated under the Companies Act,
having its head office in the City of Saint
John in the County of Saint John and
Province of New Brunswick, hereinafter
OF THE OTHER PART
WHEREAS the Licensor is the owner of the premises located at 711
Dever Road in Saint John, New Brunswick, having PID No. 00036590,
commonly known as the Peter Murray Arena (the Premises); and
WHEREAS the Licensee has made a request to the Licensor for the use of
the Premises, save and except for the following: any offices and storage rooms
st
already used or occupied by the Licensor on or before July 1, 2021, the sports
fields and the use by the Licensor, its officers, servants, agents, contractors and
workers of a right of way for access to and from those parts of the Premises not
hereby licensed; and
WHEREAS the parking lot within the Premises will be shared by the
parties to this License; and
WHEREAS the Licensor has agreed to grant the within License upon the
terms and conditions herein contained.
NOW THEREFORE THIS INDENTURE WITNESSETH that for and in
consideration of the charges stipulated in this License and other good and
valuable consideration, the receipt whereof is hereby acknowledged, the Licensor
does hereby grant, subject to the terms, conditions, covenants and provisions
herein contained, permission and license to the Licensee, its servants, agents,
employees, contractors and invitees to enter into and upon and exit from the
Premises during such days and periods of occupation and use as are more
particularly set out below. All times referenced in this License are expressed in
Atlantic Daylight Time and not otherwise.
1. The Licensee may occupy and use the Premises on the days and during the
nd
corresponding hours particularized below between the dates of July 2, 2021, and
th
September 30, 2021, inclusive (the Term):
(a)!On any day during the Term between the hours of 8:00 a.m. and
12:00 am Midnight, inclusive.
License Agreement
The City of Saint John and Board of Trustees of the Lord Beaverbrook Rink in Saint John, Inc.
-2-
(b)!For the purposes of this License, the temporal periods described in
this Article 1 shall be collectively referred to as the License Period.
2. (a) The Licensee shall pay to the Licensor for the occupation and use
of the Premises pursuant to Article 1, the total amount of Fifty-Four
Thousand Dollars ($54,000.00) plus HST during the License Period (the
.
(b) The payment of the License Fee shall be made to the Licensor by
the Licensee by cash or certified cheque at the City of Saint John
Customer Service Centre, ground floor of the City Hall Building, 15
Market Square, Saint John, New Brunswick, or such other place as may
from time to time be designated by the Licensor in the following
installments and before the date identified below for the payment of each
installment:
th
i)!On or before June 30, 2021, the amount of Eighteen
Thousand Dollars ($18,000.00) plus HST for the period
ndst
commencing July 2, 2021, until and including July 31, 2021;
st
ii)!On or before August 1, 2021, the amount of Eighteen
Thousand Dollars ($18,000.00) plus HST for the period
stst
commencing August 1, 2021, until and including August 31,
2021; and
st
iii)!On or before September 1, 2021, the amount of Eighteen
Thousand Dollars ($18,000.00) plus HST for the period
st
commencing September 1, 2021, until and including September
30th, 2021.
(c) The ice-time purchased at the Premises pursuant to the terms of
this License shall be used by the Licensee; however, the Licensee may
resell its purchased ice-time to a third party/third parties, which shall abide
by the terms of this License and which may be prohibited by the Licensor
from using the Premises at its sole discretion.
(d) The Licensee shall provide to the Licensor on a weekly basis no
later than the preceding Wednesday
the following week (Sunday to Saturday, inclusive), together with the
contact information for at least one individual for the group using the ice
each time. Should there be any changes to the schedule of ice use, the
Licensee shall notify the Licensor in writing immediately of any such
changes.
(e) The Licensor shall reserve one (1) storage room of the Licensors
choosing at the Premises during the License Period that the Licensee shall
be able to use for storing property belonging to the Licensee. Said storage
room can be occupied on the first day of the License Period and must be
fully vacated by the final day of the License Period.
3. (a) The Licensor may terminate this License and the Licensee shall
have no further recourse should the Licensee fail to pay the License Fee
pursuant to the terms of this License or otherwise fail to meet any
obligations, conditions or agreements stipulated in this License.
(b) Either the Licensor or the Licensee may terminate this License
upon the giving of advance written notice of thirty (30) business days.
Should such a termination occur, the Licensee shall be refunded a prorated
License Agreement
The City of Saint John and Board of Trustees of the Lord Beaverbrook Rink in Saint John, Inc.
-3-
share of the License Fee, as calculated by reference to the proportion of
the hours remaining during the License Period.
(c) Should the Licensee terminate this License without giving the
advance written notice required in Article 3(b) above, the Licensee shall
be obligated to pay to the Licensor, as a penalty for providing inadequate
written notice, the equivalent of three (3) weeks of the License Fee, as
calculated by reference to the applicable License Fee payable in the
month(s) that are covered by the specific period in question.
4. (a) The Licensee shall keep in place during the full Term hereof
comprehensive general liability insurance in a minimum amount of Five
Million Dollars ($5,000,000.00) wherein the Licensor is named an
additional inwherein there is a cross-liability clause, all of
which also expressly covers and protects the Licensor in circumstances
where the Licensee chooses to resell ice-time pursuant to Article 2(c)
above and which also expressly covers any allegations/claims of physical
or sexual abuse.
(b) The Licensee shall provide a Certificate of Insurance to the
Licensor at the time of the execution of this License evidencing the
insurance coverage described herein and providing that coverage shall not
be altered or cancelled without the insurers giving thirty (30)
in writing to the Licensor prior to any such alteration or cancellation.
(c) The Licensee shall ensure that any third party to which the
Licensee resells its ice time pursuant to Article 2(c) is either covered by
the Licensees insurance or has insurance that meets the terms of this
Article 4 and the Licensee must provide proof of said insurance to the
Licensor if and when requested by the Licensor.
5. The Licensee shall not have any claim against the Licensor for loss or
damage of any nature, kind or description whatsoever arising from the exercise or
purported exercise of the License herein granted, unless such loss or damage is
due to the negligence of the Licensor or its employees, servants or agents.
6. Notwithstanding Article 4 hereof, the Licensee does hereby indemnify and
save harmless the Licensor from all damages, claims, demands, actions, suits or
other proceedings by whomsoever made, brought or prosecuted in any manner
and whether in respect of property owned by others or in respect of damage
sustained by others based upon or arising out of or in connection with this License
or anything done or purported to be done in any manner hereunder.
7. The Licensee and all the Ls customers shall, at all times, comply
with such rules and regulations in use by the Licensor from time to time as may
be reasonably applicable. Moreover, the Licensee acknowledges and agrees that it
shall develop and follow a written COVID-19 Operational Plan should one be
required under order of the Minister of Public Safety pursuant to the terms of the
Emergency Measures Act and shall also comply with any other statutory or
regulatory requirements that may apply from time to time. This COVID-19
Operational Plan shall be submitted to and subject to the approval of the Licensor
and shall be fully responsive to all requirements under order, statute or regulation
having regard to the activities of the Licensee within the Premises during the
License Period. Additionally, the Licensee acknowledges and agrees that it shall
comply with any COVID-19 Operational Plan put in place by the Licensor as
owner of the Premises. Should the Licensee resell its ice-time pursuant to Article
2(c) above, it shall ensure as an express term of such reselling that the third party
shall at all times adopt and comply with both the Licensees and the Licensors
COVID-19 Operational Plans.
License Agreement
The City of Saint John and Board of Trustees of the Lord Beaverbrook Rink in Saint John, Inc.
-4-
8. The Licensee shall determine the amount and pay to the proper authority,
when applicable, all fees, charges or royalties properly due to Composers,
Authors and Publishers Association of Canada Limited and/or to Performing
Rights Organizations of Canada Limited in accordance with the Copyright Act,
Chapter C-30, R.S.C. 1970 as amended, such fees, charges or royalties are the
sole responsibility of the Licensee.
9. Except in accordance with the terms of this License, the Licensee shall not
assign, transfer or otherwise by any act cause or permit this permission and
License or any portion hereof to be assigned or transferred to any person(s)
whomsoever.
10. The Licensee shall, upon the termination of this License, immediately and
at its own expense, remove from the Premises any and all property brought or
placed upon the Premises by the Licensee and shall restore the Premises to as
good an order and condition as prevailed immediately prior to the commencement
of the Term hereof and in the event of the failure of the Licensee to do so with
reasonable expedition, of which the Licensor shall be the sole judge, the Licensor
may effect such remoown risk and expense,
but the Licensor shall, by reason of any action taken or things required under this
paragraph, be entitled to compensation, reimbursement and indemnity from the
Licensee.
11. The Licensee shall:
(a)!undertake during the Term the following customer interaction,
maintenance, and inspection duties:
i)!book ice times, collect revenue, and generally interact with
customers to whom the Licensee intends to resell ice;
ii)!check all public areas and ice surface for safety/cleanliness;
iii)!inspect ice resurfacer and perform pre-trip inspection;
iv)!maintain the ice surface;
v)!clean the Premises;
vi)!complete inspections of the ice surface daily, including
completing the inspection form;
vii)!complete inspections of the ice plant operations daily,
including completing the inspection form;
viii)!complete monthly facility inspections, including completing
the inspection form;
ix)!follow COVID-19 Operating Plans;
x)!pick up litter around exterior of arena and in parking lot; and
xi)!transport cutting edges between the Premises and Licensors
contractor for maintenance of said cutting edges.
(b)!provide to the Licensor for its approval, prior to the
commencement of the Term, a facility inspection and maintenance plan,
including, but not limited to, the ice surface, the ice plant and other areas
of the facility, and follow said plan during the Term of this License;
(c)!inform the Licensor of all required maintenance or repairs that may
be required during the Term that fall outside the scope of duties listed in
Article 11(a);
(d)!obtain the following consumables and/or services when needed at
the Licensors expense, using the Licensors supply contracts as directed,
and provide to the Licensor by each Wednesday the list of said
License Agreement
The City of Saint John and Board of Trustees of the Lord Beaverbrook Rink in Saint John, Inc.
-5-
consumables and/or services procured the prior week and the
corresponding costs incurred by the Licensee for reimbursement purposes:
i)!ice resurfacer blade sharpening; and
ii)!propane for ice resurfacer;
(e)!obtain at the Licensees expense any additional consumables
and/or services not listed in Article 11(d) including cleaning supplies and
equipment; and
(f)!seek and obtain the Licensors approval prior to fixing objects to
the Premises.
12. The Licensor shall:
(a)!install the ice required for the License prior to the commencement
of the Term;
(b)!carry out an orientation for the Premises prior to the
commencement of the Term;
(c)!pay for utilities; and
(d)!act in a reasonable manner to complete repairs, including engaging
third-party contractors, as necessary and when informed by the Licensee.
The Licensor may complete an inspection of the Premises and the forms
that the Licensee is required to complete pursuant to Article 11(a) at any
time.
13. Notwithstanding anything to the contrary contained herein, the Licensor
shall not be liable for any delays or failures in performance resulting from acts
beyond its reasonable control including, without limitation, acts of God, terrorist
acts, shortage of supply, breakdowns or malfunctions, interruptions or
malfunction of facilities, labour difficulties (including any event of strike or
lockout arising in the context of the Licensors workplace), pandemic, war, or
civil unrest.
14. The Licensee may request the Licensor to immediately stop accepting
payments on this License should COVID-19 restrictions require the prohibition of
the Licensees activities in the Premises. The Licensor may recover reasonable
consequential costs, if any, from the Licensee such as removal of the ice, up to a
maximum of Five Thousand Dollars ($5000.00). The Licensee agrees to
reimburse the Licensor within fifteen (15) business days of the issuance of written
notice by the Licensor to the Licensee itemizing such costs.
15. If the Licensee chooses to invoke Article 14 and the Licensor complies
with a request made thereunder, the remainder of the License shall be considered
cancelled. Payments described in Article 2(b) shall be corrected to reflect the
period of use of the Premises prior to said COVID-19 restrictions preventing the
Licensees activities on a prorated basis taking into account any costs the Licensor
calculates as having arisen from such cancellation.
16. The Licensor, in its sole discretion, reserves the right to terminate this
License without penalty and with immediate effect and shall refund to the
Licensee a prorated portion of the License Fee for that portion of the License
Period that has been paid by the Licensee but not used.
License Agreement
The City of Saint John and Board of Trustees of the Lord Beaverbrook Rink in Saint John, Inc.
-6-
IN WITNESS WHEREOF the parties hereto have set their corporate seals
duly attested by the signatures of their properly authorized officers respectively
the day and year first above written.
SIGNED, SEALED & DELIVERED) THE CITY OF SAINT JOHN
In witness thereof )
)
)
) ______________________________
) Donna Noade Reardon, Mayor
)
)
)
) ______________________________
) Jonathan Taylor, City Clerk
)
) Common Council Resolution:
) __________________, 2021.
)
)
)
)
) BOARD OF TRUSTEES OF THE
) LORD BEAVERBROOK RINK
) IN SAINT JOHN, INC.
)
)
) Per:
) ______________________________
) _____________________, President
)
COUNTY OF SAINT JOHN
PROVINCE OF NEW BRUNSWICK
I, ______________________, of the ________________________ and
Province of New Brunswick, MAKE OATH AND SAY:
1. THAT I am the __________________ of Board of Trustees of the Lord
Beaverbrook Rink in Saint John, Inc., the Licensee named in the foregoing
instrument and have custody of the corporate seal of the said company and am
duly authorized to make this affidavit.
2. THAT the seal affixed to the foregoing License and purporting to be the
corporate seal of Board of Trustees of the Lord Beaverbrook Rink in Saint John,
Inc., is the corporate seal of the said Board of Trustees of the Lord Beaverbrook
Rink in Saint John, Inc., the Licensee named in the foregoing instrument, and it
was affixed by the officer authorized to so affix the seal.
3. THAT the signature, ___________________, subscribed to the said
instrument is my signature and as ________________ I am duly authorized to
execute the said instrument.
4. THAT the said document was executed as aforesaid at the
___________________ in the Province of New Brunswick on the _____ day of
June, 2021.
SWORN TO before me at the )
_____________ in the Province of )
of New Brunswick this _____ day )
of June, 2021. )
)
) ______________________________
)
)
____________________________ )
)
Commissioner of Oaths )
Being a Solicitor )
COMMON COUNCILREPORT
M&C No. 2021-181
Report Date June 09, 2021
Meeting Date June 14, 2021
Service Area Legislative Services
Her Worship Mayor Donna Noade Reardon and Members of Common Council
SUBJECT: Appointments to Agencies, Boards, Commissions and Committees
AUTHORIZATION
Primary Author Commissioner/Dept. Head City Manager
Jonathan Taylor John Collin
RECOMMENDATION
That Council direct the Nominating Committee to review and make
recommendations to fill the the Agencies, Boards, Commissions and Committee
vacancies resulting from the municipal election; and further, that the Council
appointees on the Planning Advisory Committee be increased to 2 members.
EXECUTIVE SUMMARY
Council is responsible for appointing over 170 individuals (Council members and
citizens) to 31 Agencies, Boards, Commissions and Committees. Council is
required to fill the vacancies resulting from the municipal election and therefore
should direct its Nominating Committee to begin this work.
PREVIOUS RESOLUTION
N/A
REPORT
The City of Saint John currently has 31 Agencies, Boards, Commissions and
Committees (ABCCs) to which it appoints membership. The ABCCs differ in
terms of size, the services they deliver and/or the functions they fulfill, their
connection and/or reporting relationship with the city, their governance
structure, and their funding from the city.
In some cases, the ABCCs provide direct service delivery to the residents (e.g.
Police, Transit, Parking) and in other cases, Common Council is provided with an
opportunity to appoint an individual to represent its interests or the interests of
the community at large (e.g. Saint John Airport, SJ Port Authority, Uptown SJ).
- 2 -
There are currently eight (8significant ABCCs (i.e. with significant financial
and/or operational linkage to the City of Saint John), including: SJ Transit, SJ
Parking, SJ Board of Police Commissioners, SJ Energy, Planning Advisory
Committee, SJ Aquatic Centre, Harbour Station (TD) Commission, Trade and
Convention Centre Oversight Committee. The Mayor is required to sit on five of
the eleven in an ex-officio capacity.
There are nine (9) other ABCCs and four (4) Committees of Council on which either
Mayor or Councillors are required to sit. They are Canada Games Foundation,
Cities Association of NB, Federation of Canadian Municipalities, Heritage
Development Board, Regional Facilities Oversight, PRO Kids, SJ Emergency
Measures, Fundy Region Service Commission, Community Grants, Finance
Committee, Growth Committee, Public Safety Committee and Nominating
Committee.
Lastly, there are nine (9) ABCCs where Council may appoint at least one member.
These include: Shared Risk Pension, Fort LaTour Development Authority, Imperial
Theatre, Lord Beaverbrook Rink, Rockwood Park Endowment, Saint John Airport,
SJ Community Arts Board, SJ Free Public Library, Substandard Property Appeals
and Uptown SJ.
In total, Council is responsible for appointing approximately 170 individuals (both
council members and citizens) to the ABCCs. Most of these positions involve
citizen appointments for terms of 3 years with a limit of 2 consecutive terms being
served.
The terms for Council members serving on ABCCs are generally for 4 years (their
term on Council). Council members do not receive additional compensation for
serving on the ABCCs and should not be appointed as chair. The exception to this
is for Standing Committees of Council and Council created committees where
Council members do serve as chair.
As a result of the municipal election, all positions on ABCCs requiring
appointments of Council members are now vacant and therefore must be filled as
soon as possible. It is recommended that Council direct its Nominating Committee
to begin the review process and appointment process immediately.
The Nominating Committee will review all ABCC vacancies and submit
recommended ABCC appointees to a closed session of the Committee of the
Whole. The Committee of the Whole must support the recommendations by
majority vote before the process can be finalized. A recommendation from
Committee of the Whole to make the board appointment is then submitted to
agenda for final approval.
- 3 -
STRATEGIC ALIGNMENT
Good Governance
SERVICE AND FINANCIAL OUTCOMES
N/A
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
N/A
ATTACHMENTS
ABCC list
Recommended Change in Composition
Council Resolution Y
ABC Terms or ByLaw Requirement Y
Legislative Requirement
Make-up Description Mayor or DesignateThree City staff, two community members-at-large and two Common Council Members
Board Description To receive and maintain a fund and apply the income or capital for the training and development of amateur athletes in Canada; to receive the surplus funds of the Saint
John 1985 Canada Summer Games Society.To promote the exchange of information among members, to co-operate and liaise with other agencies and associations having a municipal interest,
and to strive for a united front in all matters pertaining to the realization of municipal goals as may be requested or deemed advisable from time to time.Effective January 1, 2013
the City of Saint John Shared Risk Plan converted and replaced the City of Saint John pension plan. The primary purpose of the CSJ Shared Risk Plan is to provide pensions to eligible
employees after retirement and until death in respect of their service as employees.The City of Saint John Community Grants Evaluation Committee is a standing committee of three City
staff, two community members-at-large and two Common Council Members. Committee representation of City Staff shall include a representative from Finance and Administrative Services
and two representatives from Growth & Community Development Services.The Federation of Canadian Municipalities is the national voice of municipal government representing 90 per cent
of Canada's municipal population.
AGENCIES, BOARDS AND COMMISSIONS
Member of Council Required?YYNYY
12021
# of Current Council Appointments
Name Canada Games FoundationCities of New BrunswickCity of Saint John Shared Risk Pension Plan Board of TrusteesCommunity Grants Evaluation CommitteeFederation of Canadian Municipalities
YY
The Primary responsibilities of the Finance Committee include: financial reporting, audit, accounting systems, and internal controls, budget development, forecasting, fiscal management,
resource allocation, open data, information management and continuous improvement.The objective of the Fort LaTour Development Authority is to develop or cause to be developed the area
of land on which Fort LaTour was located and adjacent land as a historic attraction for the educational benefit of the citizens of New Brunswick and for the economic advantage of the
City.Allocate funding to the regional facilities in Saint John, inlcuding Harbour Station, Aquatic Centre, Imperial Theatre, Saint John Arts Centre, and the Trade and Convention Centre.
Each municipality in greater Saint John appoints a member.The Primary responsibilities of the Growth Committee include growth of the economy and tax base with linkage to Enterprise
SJ, Waterfront development, Industrial parks, Tourism development, and Heritage preservation.The Committee will establish key relationships with the Planning Advisory Committee, Saint
John Development Corporation, Saint John Industrial Parks, Uptown Saint John, Enterprise Saint John, Discover SJ, Heritage Development Board, Saint John Port Authority, SJ Sub-standard
Properties Appeal Committee, Trade and Convention Oversight Committee.
YNYY
6026
Finance Committee (Council Standing Committee)Fort LaTour Development AuthorityGreater Saint John Regional Facilities CommissionGrowth Committee (Council Standing Committee)
Y
Heritage Conservation Act
4 members appointed by Council. Mayor Ex Officio1 Councillor appointed by the Mayor;
The Saint John Harbour Station Commission was established to manage the operations of the Harbour (TD) Station. The City has the obligation under the legislation to finance all net operating
and capital expenditures. All capital assets acquired and held for use of the Commission are vested in the City. Harbour (TD) Station commenced operations October 2, 1993.The purpose
of the Heritage Development Board is to investigate and report on the establishment of preservation areas and related by-laws and includes such things as making recommendations on by-laws,
engaging consultants, advising management with respect to policy and adopting guidelines.Board members must not only be, but must be seen to be, supporters of the Theatre. They should
also avoid potential conflicts of interest between their Board roles and in their work, so that they can be relatively unfettered in their support of the Theatre. Board members will
bring with them different skill sets, experience and expertise – which will allow them to provide the Theatre, and other Board members, with measurable and valuable “in-kind” contributions
to the Theatre’s operation.To manage and administer the operations of the Lord Beaverbrook Rink.3 Member Committee of Council established to make recommendations for appointments to
the City's agencies, boards, and commissions.
NYNNY
11003
Harbour (TD) Station CommissionHeritage Development Board Imperial Theatre Inc.Lord Beaverbrook RinkNominating Committee
From 1 to 2 members of Council
Council members and City employees can be on PAC, but must not constitute majority (their terms end with their status).Common Council appoints 11 members plus at least one member of
Common Council.Mayor Ex Officio
To provide advice to Common Council on applications to amend the Municipal Development Plan, the Zoning By-Law or Section 39 Conditions, subdivision proposals where new infrastructure
(i.e. roads), public right-of-ways, easements or dedications for Land for Public Purposes are involved.;and to make decisions with respect to proposals for conditional uses, significant
variances, establishment of similar, compatible and temporary uses.PRO Kids provides program and financial assistance to children and youth in need so that all children and youth will
have the opportunity to participate in the arts, cultural, recreation, and sport activity of their choice.To serve as The City of Saint John's original administrators of the $2,000,000
endowment fund committed by Brunswick Pipeline to the Saint John Horticulture Association.The Saint John Airport serves a region consisting of approximately 200,000 residents. The
airport operates as a community not-for-profit corporation, incorporated in the Province of New Brunswick under a lease agreement with the federal government. Governance and operating
transparency is ensured by the appointment of a Board of Directors representing a number of stakeholder groups.The Commission is responsible for the management and operation of the
City’s Aquatic Centre facility and to promote and initiate recreational programs, activities and sporting events in and on the property and facilities managed and controlled by it for
persons of all ages and interests in order to advance the health, welfare and well-being of the people of the City and the Province.
NYNNN
11000
Planning Advisory CommitteePRO Kids (Positive Recreation Opportunities for Kids)Rockwood Park Endowment FundSaint John AirportSaint John Aquatic Centre Commission
Y
Police Act
1 appointed by Solicitor Gen., 1 shall be the Mayor (or Mayor's designate) and 6 others appointed by Council who MUST LIVE IN THE CITY.Council appoints all members, 2 of whom may be
members of CouncilCommittee consists of the Mayor and 3 members of Council.The number of Commissioners shall be the number appointed by the City of Saint John from time to time.
The Saint John Board of Police Commissioners is the governance authority for the Police Force. The role of the Board is to establish a vision and actionable objectives for the community,
to provide oversight (including complaints) and to ensure accountability in the application of Police resources to accomplish the objectives.The Saint John Community Arts Board develops
and promotes the arts as integral to the vitality of the Saint John community. Saint John is a vibrant creative centre embracing excellence, originality, diversity and artistic expression
that inspires people to live here as their community of choice.The Saint John Emergency Measures Organization committee's role is to advise the municipality on the development of emergency
measures plans for the municipality.The Commissioners are ultimately responsible for approving the operations, making decisions on operating plans and policies, which involves an awareness
of a variety of legislation and other matters.The duties of the board are specified under the NB Public Libraries Act. Members of this board are considered trustees. Collectively,
they administer all aspects of the library, in conjunction with the head librarian.
YNYNN
2410
2 (only 1 required)
Saint John Board of Police CommissionersSaint John Community Arts BoardSaint John Emergency Measures Organization CommitteeSaint John Energy (Power Commission of the City of Saint John)Saint
John Free Public Library
Saint John Transit Commission Act
Maximum of 7 members appointed by CouncilThe Council shall appoint not more than seven members to the Commission, three of whom shall be members of the Council.
The purpose of the Saint John Parking Commission is to regulate and control parking in the City of Saint John and to maintain the parking meters installed on said streets with power
to install and/or remove meters as the Commission deems desirable; to establish the rates to be charged and to collect the proceeds. The commission has the power to make and alter
rules and regulations with respect to parking on property or facilities owned or controlled by it and also, subject to the approval of the Police Department, with respect to parking
on public streets, highways or public places.The mandate of the Saint John Port Authority is to oversee the operation of the Port of Saint John, provide the required port infrastructure
to support maritime trade and to promote the port in the best interests of Canada’s domestic and international waterborne trade. The Board is responsible for the management of the
activities of the Authority.The Saint John Substandard Properties Appeal Committee is required to allow those property owners who have been served a notice dealing with dangerous and
unsightly premises to appeal the decision of the Standards Officer.The Saint John Transit Commission was established by the City of Saint John to operate the public transit system.
The City has the obligation under the legislation to finance all net operating and capital expenditures. The Commission has full power and authority to maintain and operate a public
transit system.
NNNY
3003
Saint John Parking CommissionSaint John Port AuthoritySaint John Substandard Properties Appeal CommitteeSaint John Transit Commission
Change to commitee composition, we suggest one member from each committee of Council sit on the Steering Committee rather than chairs of Growth and Finance.
Y
Three (3) Members of Common Council Board of Directors has 21 members, of whom City appoints one member.
The City of Saint John is preparing to develop a new 10-Year Strategic Plan. The plan will identify a renewed vision for the City and a new set of long-term goals that will move our
community forward in achieving its vision. Committee members will remain until the end of the project. To help guide this process, the City of Saint John is establishing a Strategic
Plan Steering Committee and accepting applications from residents to serve on the Committee.Established to review the annual budget prepared by Hilton Canada for the operation of the
Saint John Trade and Convention Centre; to monitor the operations of the facility pursuant to an agreement between the City of Saint John and Hilton Canada Inc., and to make a recommendation
to the Greater Saint John Regional Facilities Commission for the amount of the annual operating subsidy to be shared by the four municipalities.To assist, promote, encourage, coordinate
and advance commercial, residential, recreational, cultural, civic development and economic welfare of the Central Business District.
YNN
311
Strategic Planning Steering CommitteeTrade and Convention Centre Oversight CommitteeUptown Saint John
!
!
June 14, 2021
Her Worship Mayor Donna Noade Reardon
and Councillors
SUBJECT: Proposed Municipal Plan Amendment 695 Somerset Street
A Public Presentation was made on April 19, 2021 of a proposed amendment to the Municipal
Development Plan which would re-designate on Schedule A of the Municipal Development
Plan, land having an area of 3445 square metres, located adjacent to 695 Somerset Street, also
identified as PID No. 00415497 and PID No. 55147557, from Local Centre to Stable
Commercial; and re-designate on Schedule B of the Municipal Development Plan, land having
an area of 3445 square metres, located adjacent to 695 Somerset Street, also identified as PID
No. 00415497 and PID No. 55147557, from Local Centre to Stable Commercial to permit an
office/maintenance building and storage area.
The required advertising has been completed and attached you will find a copy of the public
notice, and any letters of opposition or support received.
If Council wishes, it may choose to refer the matter to the Planning Advisory Committee for a
report and recommendation and authorize the necessary advertising with a Public Hearing to
be held on Monday, August 23, 2021 in the Council Chamber at 6:30 pm, or not to proceed
with the proposed amendment process and adopt a resolution to deny the application.
Respectfully submitted,
Jonathan Taylor
City Clerk!
!
PROPOSED MUNICIPAL PLAN PROJET DE MODIFICATION DU PLAN
AMENDMENTMUNICIPAL
RE: 695 SOMERSET STREETOBJET : 695, RUE SOMERSET
Public Notice is hereby given that the Par les présentes, un avis public est donné
Common Council of The City of Saint John par lequel le conseil communal de ville de
intends to consider an amendment to the Saint John a l’intention d’étudier la
Municipal Development Plan which would: modification du plan d’aménagement
municipal comme suit :
1. Re-designate on Schedule A of the 1. À l’annexe A du plan d’aménagement
Municipal Development Plan, land municipal, modifier le zonage d’un
having an area of 3445 square metres, terrain d’une superficie de 3445 mètres
located adjacent to 695 Somerset carrés, situé à côté du 695, rue
Street, also identified as PID No. Somerset, également identifié comme
00415497 and PID No. 55147557, from NID 00415497 et NID 55147557, du
Local Centre to Stable Commercial centre local à commercial stable
as illustrated below; comme illustré ci-dessous;
2. Re-designate on Schedule B of the 2. À l’annexe B du plan d’aménagement
Municipal Development Plan, land municipal, modifier le zonage d’un
having an area of 3445 square metres, terrain d’une superficie de 3445 mètres
located adjacent to 695 Somerset carrés, situé à côté du 695, rue
Street, also identified as PID No. Somerset, également identifié comme
00415497 and PID No. 55147557, from NID 00415497 et NID 55147557, du
Local Centre to Stable Commercial centre local à commercial stable
as illustrated below; comme illustré ci-dessous;
A public presentation of the proposed Une présentation publique de la modification
amendment will take place at a regular proposée aura lieu lors d’une réunion ordinaire
meeting of Common Council, to be held in the du Conseil communal, qui aura lieu dans la
Council Chamber at City Hall with a remote salle du Conseil à l’hôtel de ville, avec option
participation option on Monday, April 19, de participation à distance, le lundi 19
2021. avril 2021.
REASON FOR CHANGE: RAISON DE LA MODIFICATION
To permit an office/maintenance building and Permettre un bâtiment de bureau / d'entretien
storage area. et une zone de stockage.
Written objections to the proposed amendment Les objections écrites à la modification
may be made to the Council, in care of the proposée peuvent être présentées au Conseil,
undersigned, by May 19, 2021. Enquiries may aux soins du soussigné, d’ici le 19 mai 2021.
be made at the office of the Common Clerk or Les demandes de renseignements peuvent
Growth and Community Development être présentées au bureau du greffier
Services, City Hall, 15 Market Square, Saint communal ou aux Services de croissance et
John, N.B. between the hours of 8:30 a.m. and de développement communautaire, Hôtel de
4:30 p.m., Monday through Friday, inclusive, ville, 15, Market Square, Saint John (N.-B.),
holidays excepted. entre 8 h 30 et 16 h 30, du lundi au vendredi,
inclusivement, jours fériés exclus.
Jonathan Taylor, Common Clerk
658-2862 Jonathan Taylor, greffier communal
658-2862
PRELIMINARY -FOR DISCUSSION
PROPOSED MUNICIPAL PLAN PROJET DE MODIFICATION DU PLAN
AMENDMENTMUNICIPAL
RE: 60 TECHNOLOGY DRIVE OBJET : 60, PROMENADE TECHNOLOGY
Public Notice is hereby given that the Par les présentes, un avis public est donné
Common Council of The City of Saint John par lequel le conseil communal de ville de
intends to consider an amendment to the Saint John a l’intention d’étudier la
Municipal Development Plan that would: modification du plan d’aménagement
municipal comme suit :
1. Revise Policy LU-68 to recognize that the 1. Réviser la politique LU-68 pour
Somerset Business Park may be further reconnaître que le parc commercial
developed with medium to high density Somerset peut être aménagé davantage à
residential land uses; des fins d’utilisations résidentielles de
densité moyenne à forte;
2.Redesignate on Schedule A of the 2. À l’annexeA du plan d’aménagement
Municipal Development Plan, land having municipal, modifier le zonage d’un terrain
an approximate area of 13.71 hectares, d’une superficie de 13,71 hectares, située
located at 60 Technology Drive, also au 60, promenade Technology, également
identified as PID 55144109 and PID identifié comme NID 55144109 et NID
55190458, from Employment Area, Local 55190458, qui passera de secteur
Centre, and Urban Neighbourhood to d'emploi, centre local et quartier urban
Urban Neighbourhood, as illustrated à quartier urban, comme illustré ci-
below; dessous;
3.Redesignate on Schedule B of the 3. À l’annexeB du plan d’aménagement
Municipal Development Plan, land having municipal, modifier le zonage d’un terrain
an approximate area of 13.71 hectares, d’une superficie de 13,71 hectares, situé
located at 60 Technology Drive, also au 60, promenade Technology, également
identified as PID 55144109 and PID identifié NID 55144109 et NID 55190458,
55190458, from Business Centre, Stable qui passera de centre d'affaires,
Residential, and Local Centre to résidentiel stable, et centre local à
Medium to High Density Residential, as résidentiel à densité moyenne ou forte,
illustrated below. comme illustré ci-dessous.
A public presentation of the proposed Une présentation publique de la modification
amendment will take place at a regular proposée aura lieu lors d’une réunion ordinaire
meeting of Common Council, to be held in the du Conseil communal, qui aura lieu dans la
Council Chamber at City Hall with a remote salle du Conseil à l’hôtel de ville, avec option
participation option on Monday, June 14, de participation à distance, le
2021. lundi 14 juin 2021.
REASON FOR CHANGE: RAISON DE LA MODIFICATION
To permit a development consisting of multi-Permettre un aménagement composé de
unit residential buildings. bâtiments résidentiels à logements multiples.
Written objections to the proposed amendment Les objections écrites à la modification
may be made to the Council, in care of the proposée peuvent être présentées au Conseil,
undersigned, by July 14, 2021. aux soins du soussigné, d’ici le 14 juillet
2021.
Enquiries may be made at the office of the Les demandes de renseignements peuvent
Common Clerk or Growth & Community être présentées au bureau du greffier
Services, City Hall, 15 Market Square, Saint communal ou aux Services de croissance et
John, N.B. between the hours of 8:30 a.m. and de développement communautaire, Hôtel de
4:30 p.m., Monday through Friday, inclusive, ville, 15, Market Square, Saint John (N.-B.),
holidays excepted. entre 8 h 30 et 16 h 30, du lundi au vendredi,
inclusivement, jours fériés exclus.
Jonathan Taylor, Common Clerk Jonathan Taylor, greffier communal
(506) 658-2862 (506) 658-2862
General Application Form
GROWTH & COMMUNITY DEVELOPMENT SERVICES
onestop@saintjohn.ca Phone: 658-2911 Fax: 632-6199 CITY OF SAINT JOHN
LOCATIONCIVIC ADDRESS :PID # :
HERITAGE AREA: Y / N INTENSIFICATION AREA: Y / N FLOOD RISK AREA: Y / N APPROVED GRADING PLAN: Y / N
APPLICATION #:DATE RECEIVED:
RECEIVED BY:
APPLICANTEMAILPHONE
MAILING ADDRESS POSTAL CODE
CONTRACTOR EMAILPHONE
MAILING ADDRESS POSTAL CODE
OWNEREMAILPHONE
MAILING ADDRESS POSTAL CODE
PRESENT USE:PROPOSED USE:
BUILDINGPLANNINGINFRASTRUCTUREHERITAGE
INTERIOR RENOVATIONNEW CONSTRUCTIONVARIANCESTREET EXCAVATIONHERITAGE DEVELOPMENT
EXTERIOR RENOVATIONACCESSORY BLDGPLANNING LETTERHERITAGE SIGN
DRIVEWAY CULVERT
ADDITIONPOOLPAC APPLICATIONHERITAGE INFILL
DRAINAGE
DECKDEMOLITIONCOUNCIL APPWATER & SEWERAGEHERITAGE DEMO
CHANGE OF USESIGNSUBDIVISIONOTHEROTHER
MINIMUM STANDARDSOTHEROTHER
I consent to the City of Saint John sending to me commercial electronic messages, from time to time, regarding City initiatives and incentives.
General Collection Statement
I, the undersigned, hereby apply for the permit(s) or approval(s), indicated
above for the work described on plans, submissions and forms herewith
This information is being collected in order for the City of Saint John to deliver an existing
submitted. This application includes all relevant documentation necessary for
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the applied for permit(s) or approval(s). I agree to comply with the plans,
service. Unless required to do so by law, the City of Saint John will not share your personal
specifications and further agree to comply with all relevant City By-laws and
information with any third party without your express consent.
conditions imposed.
The legal authority for collecting this information is to be found in the Municipalities Act and
_______________________________________________________
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Applicant Name
regarding the collection of personal information, please contact the Access & Privacy Officer:
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8th Floor -15 Market Square
Saint John, NB E2L 1E8
_______________________________________________________
commonclerk@saintjohn.ca
Date
(506) 658-2862
Council Application
GROWTH & COMMUNITY DEVELOPMENT SERVICES
CITY OF SAINT JOHN
CIVIC ADDRESSAPPLICATION #FEE PAID Z!O!
TYPE OF APPLICATION
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GROWTH & COMMUNITY DEVELOPMENT SERVICES
CITY OF SAINT JOHN
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COMMON COUNCIL REPORT
M&C No. 2021-180
Report Date June 09, 2021
Meeting Date June 14, 2021
Service Area General Counsel
Her Worship Mayor Donna Noade Reardon and Members of Common Council
SUBJECT: Truth and Reconciliation Commission Calls to Action and Indigenous
Recognition
AUTHORIZATION
Primary Author Commissioner/Dept. Head City Manager
Jacqueline Boucher and Melanie Tompkins John Collin
Melanie Tompkins
RECOMMENDATION
1.!That the City cease using in its records and actions; and
further
2.!That the City Manager take the necessary steps to have the name
removed from other sources (including Google maps) as soon as possible; and
further
3.!That, through the Civic Commemoration Committee, the City make it a priority to
consult with stakeholders and community members to have the community
currently officially renamed through the New Brunswick
Department of Tourism, Culture, and Heritage, and updated in the Geographical
Names Board of Canada.
EXECUTIVE SUMMARY
At the Council meeting held March 22, 2021, Council expressed a desire, and the City
Manager committed, to include an appropriate recognition of Indigenous People during
council meetings. Indigenous land acknowledgments are one way to recognize Indigenous
people. They are being used more prominently since the Truth and Reconciliation
Commi
The purpose of this report is to outline the general history of the Truth and Reconciliation
Commission of Canada, the Calls to Action aimed at local governments, the background
on land acknowledgment, the stakeholder consultation we completed, and to
discuss ways in which The City of Saint John could promote reconciliation.
During our consultation, comment was made that one way for the City to promote
reconciliation is to remove
PREVIOUS RESOLUTION
N/A
- 2 -
REPORT
1. The Truth and Reconciliation Commission of Canada and the Calls to Action
settlement between Residential Schools Survivors, the Assembly of First Nations, Inuit
representatives and the parties responsible for the creation and operation of the schools:
the federal government and church bodies. The TRC carried out extensive research and
heard from a multitude of Residential Schools Survivors, their families, members of their
communities, former staff of Residential Schools and others. The TRC Final Report was
released in 2015 and includes 94 Calls to Action. The Calls to Action are an appeal to
mobilize all levels of government, organizations, and individuals to make concrete
changes in society. The Calls to Action list specific actions to redress the legacy of
Residential Schools and advance the process of reconciliation.
Residential Schools were an aggressive policy developed under the authority of a federal
law called the Indian Act. They were first created in 1886 and the last one closed in 1996.
Indian Act,
under which the schools were developed, as follows:
The great aim of our legislation has been to do away with the tribal system and
assimilate the Indian people in all respects with the other inhabitants of the
1
Dominion as speedily as they are fit to change."
21 things You May Not Know About
, writes that it is estimated that between 6000 and 15,000 children who
2
attended Residential Schools between 1870 and 1996 either died or disappeared.
The TRC found that the use of residential schools resulted in complete disruption to
Indigenous communities, on-going and intergenerational trauma, the loss of language
and cultural practices, poverty, a disproportionate rate of incarceration of Indigenous
people, and hundreds of missing and murdered Indigenous women. In the end, the TRC
The TRC Final Report has caused individuals, organizations and governments to realize
that they not only have a role to play but a moral responsibility to make amends for the
past. Of the 94 Calls to Action, 5 are directed to local and other levels of government.
They are:
3 - We call upon federal, provincial, territorial, and municipal governments to
fully adopt and implement the United Nations Declaration on the Rights of
*Note: The United Nations Declaration on the Rights of Indigenous People
is the most comprehensive international instrument on the
1
R. Douglas Francis et al., Destinies : Canadian History since Confederation (Toronto: Nelson
Publishing, 2008), 44.; Bob Joseph, 21 things you may not know about the Indian Act (Port
Coquitlam: Indigenous Relations Press, 2018), 40.
2
Bob Joseph, 21 things you may not know about the Indian Act, supra, at p. 52.
- 3 -
rights of indigenous peoples. It establishes a universal framework of
minimum standards for the survival, dignity, and well-being of the
indigenous peoples of the world and it elaborates on existing human
rights standards and fundamental freedoms as they apply to the specific
situation of indigenous peoples.
We call upon federal, provincial, territorial, and municipal governments
to repudiate concepts used to justify European sovereignty over Indigenous
peoples and lands, such as the Doctrine of Discovery and terra nullius, and to
reform those laws, government policies and litigation strategies that continue
- We call upon federal, provincial, territorial, and municipal governments to
provide education to public servants on the history of Aboriginal peoples,
including the history and legacy of residential schools, the United Nations
Declaration on the Rights of Indigenous Peoples, Treaties and Aboriginal rights,
Indigenous law and Aboriginal-Crown relations. This will require skills-based
training in intercultural competency, conflict resolution, human rights, and anti-
- We call upon the federal government to work with provincial, territorial,
and municipal governments, churches, Aboriginal communities, former
residential school students, and current landowners to develop and implement
strategies and procedures for the ongoing identification, documentation,
maintenance, commemoration, and protection of residential school cemeteries
or other sites at which residential school children were buried. This is to include
the provision of appropriate memorial ceremonies and commemorative
markers to honour the deceased chil
- We call upon provincial, territorial, municipal, and community archives to
work collaboratively with the National Centre for Truth and Reconciliation to
identify and collect copies of all records relevant to the history and legacy of the
residential school system, and to provide these to the National Centre for Truth
There are also eight
40, 55, 64, 87
and 88.
The recent announcement of the discovery of the remains of 215 children, some as young
as 3, at the site of the Kamloops Indian Residential School in British Columbia, by the
Tk'emlúps te Secwépemc First Nation, in late May is a stark reminder for governments
and others of the need to address the Calls to Action and to embark on the path to
reconciliation.
We note that, in addition to the TRC Calls to Action, another significant report into Missing
was released on June 3, 2019
following a National Inquiry. This report included 231 individual Calls to Justice directed
at all levels of government, social service providers, industry, and all Canadians.
- 4 -
Our consultations revealed that Indigenous people and communities are generous with
their time and wisdom, and prepared to help guide governments down the path of
reconciliation. For example, in a recent letter to her Worship Noade Reardon and the
General Counsel, received June 8, 2021, Chief George Ginnish and Chief Rebecca
Inc. have offered to provide educational sessions
o. Should the City choose to take further
steps down the path of reconciliation, it should consider accepting this offer.
2. Land Acknowledgments
The TRC Final Report and Calls to Action resulted in a significant rise in the use of land
acknowledgments as a move toward reconciliation. A land acknowledgment is a
statement made to recognize the long history of Indigenous populations on the land
before European contact and colonization and demonstrates active thought about what
happened in the past and creates space for Indigenous reconciliation to happen in the
present and future.
By having arranged for a smudging ceremony, the reading of a land acknowledgment and
the singing of the Honor Song at the outset of the June 14, 2021 Council meeting, by
making the land acknowledgment a part of every council meeting moving forward, and
by considering the recommendation in this report, The City of Saint John is making space
for reconciliation and taking steps towards the fulfilment of the Calls to Action aimed at
local governments.
3. Stakeholder Consultation
A.!The Province of NB.
We began our consultation in late March by contacting the Legislative Assembly of New
Brunswick, to get a sense of the LegislatureWe
were advised that the Lieutenant-Governor has done land acknowledgments and
obtained the text of the land acknowledgements given in Speeches from the Throne
Opening Sessions of the Legislative Assembly for the past 3 years.
B.!Eastern Circle
Following the Council meeting of March 22, 2021, when the land acknowledgment was
raised and discussed, Eastern Circle, an organization advocating for Indigenous
communities in Saint John, provided a statement to the Saint John Times Globe regarding
the issue. We were able to speak with Mykayla Spinney, one of the co-founders of Eastern
Circle. Ms. Spinney provided invaluable information on the land acknowledgment and
where it should fall in the order of business on the council agenda. She also discussed
with us the use of an Indigenous flag at City Hall, and graciously offered to attend the
th
Council meeting on June 14 to perform a smudging ceremony and to sing the Honour
Song.
C.!The Wolastoqey Nation in New Brunswick
In April, we spoke with a lawyer who represents the Wolastoqey Nations in New
Brunswick who provided insight on the historical relationship Indigenous communities
have with the land upon which the City of Saint John rests. We also spoke with the Legal
- 5 -
and Governance Advisor to the Wolastoqey Nation in New Brunswick, whose guidance
and input on land acknowledgments were also insightful.
D.!Aboriginal Peoples Council
We contacted the New Brunswick Aboriginal Peoples Council, an organization that
represents off-reserve Aboriginal people. Unfortunately, we had not yet received a
response at the time of preparation of this report.
E.!Moncton and Fredericton
We spoke with the City Solicitors for the Cities of Moncton and Fredericton to understand
their current practice regarding Indigenous recognition. It is our understanding that an
Indigenous flag is flown in Moncton and that the City of Fredericton has a full-time
Manager of First Nations Relations and Special Projects.
F.!The Honorable Graydon Nicholas
The Honourable Graydon Nicholas was the Lieutenant Governor of New Brunswick from
2009 to 2014, becoming the first Indigenous person to hold this office. We had an
enriching and educational conversation on Indigenous history and language in the Saint
John region with the Honourable Mr. Nicholas, who informed us that an important Treaty
was signed in 1778 between Indigenous people and the British Crown at Fort Howe, here
in what is now known as Saint John.
The Honorable Mr. Nicholas offered to draft language for a land acknowledgment for The
City of Saint John and accepted our offer to read it at the first meeting of the newly
elected Council.
The final text of the land acknowledgment prepared by the Honorable Graydon Nicholas,
which incorporates small changes by other stakeholders, is as follows:
raditional
territory of the Wolastoqiyik/Maliseet. The Wolastoqiyik/Maliseet along with their
Indigenous neighbours, the Mi'Kmaq/Mi'kmaw and Passamaquoddy/Peskotomuhkati
signed Peace and Friendship Treaties with the British Crown in the 1700s that
protecte
th
This is the text that will be read at the outset of the June 14 meeting of Council by the
Honorable Mr. Nicholas. The reading will be preceded by a smudging ceremony by Ms.
Mykayla Spinney of Eastern Circle, and followed by the singing of the Honor Song by Ms.
Spinney.
More stakeholder consultation will be required should the City chose to take further steps
on the Calls to Action. The consultation outlined in this report was focused on developing
appropriate language for a land acknowledgment at council meetings and was conducted
within a relatively short timeline.
- 6 -
4.
From the Canadian Association of University Teachers:
of
cultivating strong relationships with the First Peoples of Canada. Acknowledging
territory and First Peoples should take place within the larger context of genuine
and ongoing work to forge real understanding, and to challenge the legacies of
colonialism. Territorial acknowledgements should not simply be a pro forma
Through our stakeholder consultations, the eradication of to
describe a community in the North End - was mentioned as a possible step the City could
take toward reconciliation. The terminology is outdated and offensive.
According to the Provincial Archives of New Brunswick, that community is identified as
being located near the mouth of the Saint John River, 3.2 km Northwest of Saint John, in
Ward 2. It was named for a trading house built by James White in 1779. In 1871 the
community had steamer wharves, several large sawmills, and a population of 1,500.
The name is included in the Canadian Geographical Names Database which
is run by the Geographical Names Board of Canada (GNBC). GNBC has published a
, which we
have obtained. We are informed by the Department of Tourism, Culture, and Heritage,
that there is an application process through that department which eventually would
reach the Canadian Geographical Names Database.
After consulting with the Growth and Community Services Department, we also
understand that a request can be sent to Esri Inc. to have the name expunged or changed
in its database and the third-party toponym data it is referencing. Esri, Google, and
Mapbox together account for the most used web maps and applications. We are also
aware of other instances where . For example,
we note that the Canada Mortgage and Housing Corporation is using the name as a
geographic area in its Housing Market Information Portal.
There are opportunities for the City to effect change toward reconciliation by eradicating
its use and the use . Within the staff of City Hall, the
term has already been restricted from use. We recommend that the City and its Boards,
Agencies and Commissions, cease using the word in all records and actions, and take steps
to cause this word to be expunged from other records. And because we expect that usage
is likely to continue unless the City renames the community, we also recommend that the
City take the steps necessary to officially rename that community.
- 7 -
STRATEGIC ALIGNMENT
This report and the recommendation align with the ,
which recognizes and celebrates
which promotes Saint John as a community for all to live, work and play.
SERVICE AND FINANCIAL OUTCOMES
N/A
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
We consulted with the following stakeholders in the preparation of this report:
-!The Honourable Graydon Nicholas, Lieutenant Governor of New Brunswick from
2009 to 2014;
-!The Legislative Assembly of New Brunswick;
-!A solicitor for the Wolastoqey First Nations in New Brunswick;
-!The Legal and Governance Advisor, Wolastoqey Nation in New Brunswick;
-!City Solicitors for the City of Moncton and the City of Fredericton;
-!The Manager of First Nations Relations and Special Projects, City of Fredericton;
-!The New Brunswick Aboriginal Peoples Council (no response);
-!Mykayla Spinney, co-founder of Eastern Circle;
-!Arts and Culture Coordinator, Growth and Community Services, City of Saint John.
We received and considered correspondence from Chief George Ginnish and Chief
ATTACHMENTS
Nil
June 14, 2021
Recognition
TRC Calls to Action and Indigenous
The Residential School SystemThe Truth and Reconciliation Commission and Calls to Action Land AcknowledgmentsRenaming “Indiantown”
2
Table of Contents:
1.2.3.4.
Before there can be reconciliation, there must be truth…
3
1. The Residential School System
1879
,
Sir John A. Macdonald
-
Thomas Moore Keesickcirca. 1891
4
“When the school is on the reserve, the child lives with its parents, who are savages, and though he may learn to read and write, his habits and training mode of thought are Indian.
He is simply a savage who can read and write. It has been strongly impressed upon myself, as head of the Department, that Indian children should be withdrawn as much as possible from
the parental influence, and the only way to do that would be to put them in central training industrial schools where they will acquire the habits and modes of thought of white men.”
1. The Residential School System
5
1. The Residential School System
Indian Act” by Bob Joseph
From “21 Things You May Not Know About the
-
6
1. The Residential School System
The continuing legacy of residential schools: “The legacy of the residential school system continues to impact Indigenous people, families, and communities. On its doorstep we can lay
the responsibility for the high poverty rates, the large number of Indigenous children in foster care, the disproportionate number of incarcerated Indigenous people, and the hundreds
of missing and murdered Indigenous women.”
94 Calls to Action
–
TRC created through a legal settlement between Residential Schools Survivors, the Assembly of First Nations, Inuit representatives and the parties responsible for creation and operation
of the schools: the federal government and the church bodies. Final Report in 2015
7
2. The Truth and Reconciliation Commission and Calls to Action
••
included 231 Individual Calls to Justice.
–
the “destruction of those structures and
2019
–
15,000 children died or disappeared at or
-
Between 6,000following their attendance at Residential Schools. In total, approximately 150,000 children attended residential schools. Many of the children who died have not yet been
found. “Cultural Genocide”: practices that allow the group to continue as a group.” A coherent policy to eliminate Aboriginal people as a distinct peoples and force assimilation. The
National Inquiry into Missing and Murdered Indigenous Women and Girls
8
2. The Truth and Reconciliation Commission and Calls to Action
The TRC Final Report concluded that: •••
First Nation,
Secwépemc
te
to address the Calls to Action.
discovery of the remains of 215
The recent announcement of the
announced on May 27, 2021, has
School in British Columbia, by the
children, some as young as 3, at the
9
Tk'emlúps
site of the Kamloops Indian Residential
reminded Canada of the very real need
2. The Truth and Reconciliation Commission and Calls to Action
-
time event, it is a multi
-
Truth and Reconciliation Commission of Canada
-
generational journey that involves all Canadians.”
reconciliation is not a one
“From the outset, this Commission has emphasized that
10
2. The Truth and Reconciliation Commission and Calls to Action
We call upon federal, provincial, territorial, and municipal governments to fully adopt and implement the United Nations Declaration on the Rights of Indigenous Peoples as the framework
for reconciliation.We call upon federal, provincial, territorial, and municipal governments to repudiate concepts used to justify European sovereignty over Indigenous peoples and lands,
such as the Doctrine of Discovery and terra nullius, and to reform those laws, government policies and litigation strategies that continue to relay on such concepts.
11
2. The Truth and Reconciliation Commission and Calls to Action
Direct Calls to Action for Municipalities (43, 47, 57, 75, and 77)43.47.
-
racism.
-
Crown relations. This will require skills
-
We call upon federal, provincial, territorial, and municipal governments to provide education to public servants on the history of Aboriginal peoples, including the history and legacy
of residential schools, the United Nations Declaration on the Rights of Indigenous Peoples, Treaties and Aboriginal rights, Indigenous law and Aboriginalbased training in intercultural
competency, conflict resolution, human rights, and anti
continued
–
12
2. The Truth and Reconciliation Commission and Calls to Action
Direct Calls to Action for Municipalities (42, 47, 57, 75, and 77) 57.
the deceased
honour
We call upon the federal government to work with provincial, territorial, and municipal governments, churches, Aboriginal communities, former residential school students, and current
landowners to develop and implement strategies and procedures for the ongoing identification, documentation, maintenance, commemoration, and protection of residential school cemeteries
or other sites at which residential school children were buried. This is to include the provision of appropriate memorial ceremonies and commemorative markers to children.
continued
–
13
2. The Truth and Reconciliation Commission and Calls to Action
Direct Calls to Action for Municipalities (42, 47, 57, 75, and 77) 75.
We call upon provincial, territorial, municipal, and community archives to work collaboratively with the National Centre for Truth and Reconciliation to identify and collect copies of
all records relevant to the history and legacy of the residential school system, and to provide these to the National Centre for Truth and Reconciliation.
continued
–
14
2. The Truth and Reconciliation Commission and Calls to Action
Direct Calls to Action for Municipalities (42, 47, 57, 75, and 77) 77.Indirect Calls to Action for municipalities: 3, 17, 23, 40, 55, 64, 87, and 88
European contact and colonization and land
reconciliation to happen in the present and future.
happened in the past and creates space for Indigenous
long history of Indigenous populations on the land before
acknowledgments demonstrate active thought about what
15
A land acknowledgment is a statement made to recognize the
3. Land Acknowledgments
Inc
Tplu’taqnn
Mi’gmawe’l
of
Knockwood
and Chief Rebecca
Ginnish
Indigenous children at a former residential school in Kamloops, BC.
Deputy Clerk of the New Brunswick Legislature Lawyer for the First Nations in New Brunswick The Wolastoqey Nation in New Brunswick (representing the 6 Wolastoqey communities in New Brunswick)
City Solicitors for Moncton and Fredericton Manager of First Nations Relations and Special Projects for the City of FrederictonMykayla Spinney of Eastern Circle Chief George The Honourable
Graydon Nicholas
their time and knowledge in the effort to establish a land acknowledgment for
We are indebted to the members of the Indigenous community who granted us the City of Saint John, particularly following the discovery of the remains of 215
16
3. Land Acknowledgement
Consultations with:
and
signed Peace and
/Maliseet. The
Mi'kmaw
/
Mi'Kmaq
is situated is the traditional
resources.
Wolastoqiyik
Peskotomuhkati
, the
/Maliseet along with their Indigenous
Menaquesk
The land on which the City of Saint
neighbours
territory of the
John/1700s that protected their rights to lands and
Friendship Treaties with the British Crown in the
Wolastoqiyik
17
Passamaquoddy/
3. City of Saint John Land Acknowledgement
.
This community is located near the mouth of the Saint John River, 3.2 km Northwest of Saint John, and was named for a trading house built by James White in 1779, currently in Ward 2.
The name is included in the Canadian Geographical Names Database which is run by the Geographical Names Board of Canada (GNBC).Changes to official names are made through application
to the New Brunswick Toponomy Manager with the Department of Tourism, Culture, and Heritage.
18
4. Renaming “Indiantown”
•••
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19
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20
COMMON COUNCIL REPORT
M&C No. 2021-166
Report Date June 08, 2021
Meeting Date June 14, 2021
Service Area Public Works and
Transportation Services
Her Worship Mayor Donna Noade Reardon and Members of Common Council
SUBJECT: University Avenue Traffic Safety and Active Transportation
Improvements
AUTHORIZATION
Primary Author Commissioner/Dept. Head City Manager
Michael Hugenholtz John Collin
RECOMMENDATION
Your City Manager recommends Common Council endorse the traffic safety and
Active Transportation Improvements on University Avenue, as described as the
in M&C 2021-166.
EXECUTIVE SUMMARY
During a 2020 presentation to Common Council as the City is finishing the third
City staff listed a
series of early deliverables
one of these early deliverables. This report works towards putting that plan into
action.
Three goals are planned to be accomplished with the improvements proposed for
University Avenue in this report:
1.!Address concerns expressed by various members of the community
regarding risk to motorist safety at the western end of University Avenue,
2.!Improve pedestrian safety along University Avenue, and
3.!Implement improvements to cycling infrastructure on University Avenue.
Assessment by City staff, review of available data, use of industry best practices,
and consultations contributed to the plan presented in this report.
It is recommended the attached City Staff presentation be referenced as this
report is reviewed as the presentation contains several visual guides to help
explain the plan.
- 2 -
PREVIOUS RESOLUTION
Common Council was briefed at a high level on this project as part of a 2020
presentation and a May 3, 2021 staff report on overall 2021 traffic safety
improvement initiatives. However, several current members of Common Council
were not present at the time of these previous reports, this report also provides
contextual information.
REPORT
University Avenue includes five vehicle lanes. The centre vehicle lane is only
available at certain points along the street where vehicles need to turn left in
either direction; a centre median exists where these left turns are not permitted
and/or required. The two vehicle lanes along the curb are currently designated
as lanes to be shared between motorists and cyclists. There are sidewalks along
both sides of the street. There are five crosswalks along the street (Millidge
Avenue, at the Gorman arena, Polaris Court, Varsity Street/hospital access, and
Sandy Point Road) and all but the one at Sandy Point Road are marked
crosswalks. The street carries less than 10,000 vehicles per day and has a 60
KM/H speed limit. University Avenue connects Millidge Avenue to Sandy Point
Road, each having one through lane in either direction. The Saint John Regional
Hospital, indirect access to University of New Brunswick (Saint John), a City
arena, and several apartment complexes all front onto University Avenue.
University Avenue is on a busy Transit route with high-use stops. University
Avenue is within the UNBSJ Plateau/Regional Hospital Primary Centre as defined
in PlanSJ.
Three separate opportunities led to City staff assessing potential changes to
University Avenue. These include:
1.!Addressing concerns expressed by various members of the community
Avenue,
2.!Improving pedestrian safety along University Avenue, again partially
motivated by received community concerns, and
3.!Implementing improvements to cycling infrastructure on University
Avenue, referencing a recommendation of MoveSJ.
Opportunity #1
Over the past couple of years several community members expressed concerns
with the safety of motorists on University Avenue, just to the east of Millidge
Avenue. The presence of a right turn unimpeded free-flow lane from Millidge
Avenue to University Avenue, the presence of a Transit shelter and stop in the
immediate area, the presence of two retail driveways in the immediate area (Tim
, and the presence of all five vehicle lanes in
the area all contributed to these community concerns.
- 3 -
Opportunity #2
Several community members have expressed concerns with safely being able to
cross University Avenue over the years. Lack of enough crosswalks, lack of
enhanced features at crosswalks, curves in the road obstructing sight lines
between motorists and pedestrians, and the presence of four or five vehicle
lanes to cross, including two through lanes in each direction, contributed to
these community concerns.
Opportunity #3
University Avenue is an important
final leg of the Campus Harbour Connection Bike Route, the first comprehensive
and continuous cycling network in the City, that connects the two Primary
Centres defined in PlanSJ, UNBSJ Plateau/Regional Hospital Primary Centre and
Uptown Primary Centre. I
Cycling Strategy with a recommendation to upgrade to dedicated Bike Lanes
from the existing Shared Use Lanes.
Initial Plan
City staff developed an initial plan for University Avenue based on all three
identified opportunities, as well as using available data, and industry best
practices.
The five vehicle lanes were envisioned to reduce to three lanes, maintaining the
left turn lanes along the street in between the gaps in the centre median. The
two curb lanes on either side of the street would be converted to 2.1 metre
dedicated one-way Buffered Bike Lanes, that would be the first installation in the
City of these kind of bike lanes, offering a greater degree of separation and
prominence between cyclists and motorists. The dedicated bike lanes would end
on the approaches to Millidge Avenue and Sandy Point Road to re-establish two
lanes in each direction to offer a greater level of service for turning vehicles.
Transportation best practices would be used to guide these transition points. In
addition to enhancing infrastructure for cyclists, reducing the number of through
lanes along the majority of University Avenue would also reduce the number of
conflict points between motorists and a crossing pedestrian at crosswalks,
including mitigating the passing of vehicles stopped in the second lane waiting
for the pedestrian to cross. A reduction in the number of lanes at the western
end of University Avenue would also partially address the motorist safety
concerns expressed by community members.
Also, as part of this initial plan, the Transit shelter/stop on the eastbound side of
the street near Millidge Avenue would be moved further east, past the
congested area with the two retail driveways.
- 4 -
One crosswalk would be installed and a second enhanced as part of the plan.
The newly installed crosswalk would be placed in the vicinity of the new Transit
shelter/stop near Bloom Street. This new crosswalk would include side-mounted
solar-powered flashing lights, activated via wireless pedestrian push buttons,
known as a Rectangular Rapid Flashing Beacon (RRFB) used in other parts of the
City. The existing marked crosswalk between Varsity Street and the hospital
entrance would be upgraded with an RRFB system given the obstructed sight
lines at the curve to the west of the location.
The right turn slip lane from Millidge Avenue to University Avenue would be
converted from an unobstructed free-flow lane to a lane with Yield signs that
must merge into the (now) one through lane eastbound. A potential
may be considered in
the future if the intersection is planned for reconstruction.
Consultations
City staff completed several consultations on these improvement plans,
including with the general community, emergency services, and a representative
Ultimately, these consultations resulted in
General community consultations were completed between April 28 and May 7,
2021. On the evening of April 28, 2021, City staff led a virtual community
meeting. A total of 32 individuals pre-registered for the meeting and 21
attended the virtual meeting. The meeting included a presentation by City staff
y
community members. Community members, including any who attended the
virtual meeting, or anyone else in the community was then able to provide e-
mailed feedback until May 7. The City staff presentation and the recording of
the virtual meeting was provided for anyone who was unable to attend the
virtual event but wanted to become informed before providing feedback. A total
of 44 community members provided feedback via e-mail. City staff spoke by
phone with a few community members.
Feedback during the virtual community meeting generally concentrated on the
cycling infrastructure and provided consensus for the need for improved cycling
facilities. In fact, many participants suggested support to dedicate half the
street, on one side of the centre median, for active transportation; the Initial
Plan, transitioning from Shared Lanes to Buffered Bike Lanes, would not provide
a safe enough space and/or encourage cyclists of different ages and abilities to
use the infrastructure. There was some acceptance, however, this plan to move
vehicular traffic to the other side of the median may not be feasible at the
western end of the street. Some concern was expressed that vehicular volumes
are greater than reported and special attention needs to be provided to ensure
traffic continues to flow smoothly. Some concern was expressed that motorists
- 5 -
would ignore a painted bike lane. A complete list of provided feedback is
attached to this report as Appendix A.
Feedback from the provided e-mail submissions between April 28 and May 7
were generally opposite to the consensus of the participants at the meeting.
The majority (28 each, 75%) of the 37 e-mail submissions that provided an
opinion on the envisioned conversion of two vehicle lanes to two Buffered Bike
Lanes, indicated they did not support the plan, citing impact on motorists.
aligned with some other
feedback received from the community in that the drive-thru line for the Tim
e at times. In these cases,
motorists waiting to turn left (from the Millidge, west) or right (from the Sandy
Point, east) directions are unable to complete the turn into the driveway and
must wait on the street.
Feedback from emergency services were also provided. The Saint John Fire
Department provided support for the plan, with the understanding access to all
streets and driveways to and from University Avenue would be maintained,
which will be. The Saint John Police Force provided support for the plan.
Ambulance NB provided support for the plan, with the understanding
ambulances can pass other stopped vehicles, which is expected to be the case
in this report.
report.
First, City staff further assessed and are recommending to not proceed with
dedicating one side of the road (one side of the centre median) to Active
Transportation. Moving all vehicular traffic to one side of the centre median
creates several challenges. These include an unorthodox transition from using
both sides of the median to just one side, the loss of a separate left and right
turn lane at the Sandy Point end, and either 8 or 11 intersections of streets or
driveways along the remaining section of University Avenue (after the suggested
). The latter issue creates several sub-issues
including lack of separate left turn lane status, extensions of each street or
driveway to the oth-
between the installed multi-use trail and the extended streets and driveways.
Although it is conceivable and likely that the asphalt inventory on the side with
the multi-use trail can be significantly reduced, it is unlikely any of this land is
wide enough to sell for development and therefore the City would still be
required to maintain the space even if the majority of the space was converted
to greenspace. All these factors combined, City staff are recommending against
- 6 -
suggestions made during consultation to move all vehicular traffic to one side of
the centre median.
However, the concerns expressed by several participants during the virtual
community meeting that Buffered Bike Lanes alone are not sufficient to promote
a safe enough cycling network on University Avenue to promote use by cyclists
of various ages and of various abilities were not lost on City staff. Therefore, City
staff are recommending bollards be installed seasonally along the entire length
of the Buffered Bike Lanes on both sides of the street at 5 metre spacing, except
at driveways, street intersections, Transit stops, and before the Millidge Avenue
and Sandy Point Road ends where the two vehicle lanes are re-introduced.
Bollards were suggested as a solution during the virtual meeting. Further, a
November 2020 report of the Transportation Association of Canada called
cited, based on
literature review, that there was minimal perceived safety difference between a
buffered bike lane with bollards and a bike lane protected with curbs or other
physical element separating the cycling area from the vehicle area of the
roadway. In essence, the addition of the bollards wo
permanent Protected Bike Lanes, offering outcomes closer to what was
suggested by participants during the virtual event. The bollard design would be
like what was used seasonally for two years on Main Street North and the
Viaduct approximately 10 years ago. The bollards would be removed each
winter and reinstalled each spring so that snow plowing, and road drainage are
not impacted. There will be annual costs to remove & reinstall bollards, most of
out of pocket expenses. Staff will be
monitoring these costs over the first season which will inform future decisions
for similar treatments on other streets.
City staff are also recommending, after consultations, a speed limit reduction on
University Avenue from 60 KM/H to 50 KM/H. The speed limit reduction
supports the Protected Bike Lane design with use of bollards at 5-metre spacing.
The existing average speeds are already manageable at 55 KM/H with the
planned physical measures (bollards, reduction to one through lane per
direction) expected to further reduce operating speeds. City staff would return
at a future date to recommend the Traffic By-Law amendment to cause this
speed limit change to become effective.
-thru backing up to University Avenue at
times, there is a risk of motorists stopping in the one remaining eastbound and
westbound through lane waiting to turn into the driveway, blocking motorists
intended to continue travelling on the street. City staff are recommending three
additional
1.!Stopping the westbound Buffered Bike Lane (with bollards) further to the
Instead of stopping the Bike
Lane driveway, the Bike Lane would be
stopped at Bloom Street. Reintroduction of two vehicle lanes, the curb
- 7 -
lane remaining a Shared Lane, would allow any vehicles waiting to turn
right into to wait in the curb lane,
allowing second lane to be used for other through traffic,
2.!For eastbound traffic, City staff recommend removing more of the centre
median to allow for one or two more vehicles to queue in the left-turn
lane into the , providing more situations
where the remaining single eastbound through lane would remain clear
of stopped vehicles, and
3.!To manage situations where the extended left turn lane into the Tim
backs up into traffic, City staff are
recommending
University Avenue between Millidge Avenue and the beginning of the
extended left turn lane into the , as
-Law. City staff would
return at a future date to recommend the Traffic By-Law amendment to
cause this change to become effective. This provision would be
communicated with on-street signage.
City staff note that the three plan updates described in the previous paragraph
are expected to reduce the risk of motorists being blocked from using the
remaining one eastbound and one westbound lane on University Avenue, the
risk will still be present.
City staff also believes feedback from community members that have expressed
concerns with implementing Bike Lanes on University Avenue have been heard
Re-establishment of
two vehicle lanes at either end of University Avenue, continuation of left turn
lanes along the street, and the additional measures at the western end of the
street, are all efforts to promote an acceptable level of service for motorists.
City staff are firm however in its conclusion that four through lanes on University
Avenue are not required for the volumes, and further to this, both Millidge
Avenue and Sandy Point Road that connect to University Avenue each only have
one through lane in each direction.
STRATEGIC ALIGNMENT
Cycling Strategy.
SERVICE AND FINANCIAL OUTCOMES
The City has partnered with the Saint John Cycling Club to apply to the Canada
Healthy Communities Initiative to fund the project. The project was not
recommended for funding during the first round of funding but the Club will be
applying again this month for attempt at approval during the second round.
- 8 -
City staff will consider availability of project funding within the various 2021
Public Works & Transportation Operating Budgets in the event the federal
funding source is not secured.
The below table details the projected project implementation costs:
Project Component Estimated Cost
Buffered Bike Lanes with Bollards $45,000
Bus Shelter Relocation $10,000
RRFB Crosswalks at Bloom and Varsity $20,000
Left Turn Lane Lengthening East of Millidge Ave $25,000
TOTAL $100,000
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
The following stakeholders provided input into this report:
!General community via consultation opportunities
!Saint John Cycling Club
!
!Saint John Transit
!Saint John Fire Department
!Saint John Police Force
!Ambulance NB
!Growth & Community Services Department
ATTACHMENTS
Appendix A: Summary of Feedback Provided at April 28, 2021 Virtual Community
Meeting.
City Staff Presentation
Appendix A
University Avenue Virtual Public Consultation Summary
April 28, 2021
6:30pm 8:00pm
21 attendees
Public Comments and Questions
-!
lot.
-!McAuley sidewalk asphalt is the same grade as the road and is dangerous.
-!Does not agree the average speed is 55km an hour people are driving a lot faster.
-!There are only speed limit signs at the beginning and end of he avenue
-!The crosswalk at the Gorman is very dangerous.
-!Merge lane concerns her that people will run into the bikers.
-!Suggest removing the island at the merge and have motorist come to the red light then turn
right no merge lane.
-!Happy the bus stop is moving, the stop at Candlewood should be removed as the new location is
very close to Candlewood.
-!Concerns about what is considered a sidewalk.
-!There is a lot of traffic coming down Noel / Woodhaven and onto University feels it should be
measured between Woodhaven and Millidge for more accurate counts of road usage.
-!Do not feel safe at all biking to university.
-!Like the 2-lane traffic reduction from 4, do not like the current proposal, painted lines on the
street is not enough.
-!Recommend one side of the island be for motorists and the other side for pedestrian and
cyclists as well as buses.
-!Painted bike lanes are weak improvements, cyclists want to feel separated.
-!.
-!Do not feel safe biking on University Avenue and a buffered bike lane is a big improvement than
what it is now.
-!
hybrid solution then divert to one side of University.
-!How does the Transportation Plan fall in line with the Strategic Plan?
-!Traffic counts should be redone.
-!Would be nice to reduce some policies (been advocating for a sidewalk on Boars Head for
years).
-!While walking some sidewalks are level with the street.
-!Can we put a layer of asphalt on them and bring them to a level that everyone is able to use
them?
-!Who are the cyclists the City is designing for? Young inexperienced or older experienced?
-!Bike lanes do not provide a lot of comfort.
-!All cars should be on one side and the other side for pedestrians and cyclists.
-!Agree with buffered lane, separate lanes would be better.
-!Recommend a bike box for people turning left to the hospital.
-!Concern with the Milldige Ave pedestrian lights, they all come on at the same time.
-!Like the bike lanes on one side.
-!Will there be protection from the merge lane coming off Millidge, motorist will just drive in the
bike lane to get to Jean Coutue.
-!Concerned with University Avenue going to 1 lane in each direction. The hospital is one of the
largest employers and bottle necks occur now.
-!Concerned with removing the 2 lanes as this is an ambulance route, bus route and will cause
more bottle necks.
-!If there was ever an evacuation this is the route and there would be a problem with the
reduction in lanes.
June 14, 2021
University Avenue
Presentation to Common Council
Traffic Safety and Active Transportation
Transit Bus Shelter
Cross Section: Current Roadway Use
Cross Section: Current Roadway Use
Context: Current Design (2019)
alignment
MoveSJ
Motorist safety at western end of streetPedestrian crossing safetyCycling safety, access,
Opportunities to Respond to Community Feedback
“It’s about balance”
1.2.3.
medians)
Connection Bike
centre
Harbour
land uses
University Avenue part of Campus RouteWide road to work with (caveat being Busy Transit areaNearby Focus of Municipal PlanProject funding opportunity
Other Opportunities
••••••
)
Millidge
2021 count)
-
2021 count (COVID)
-
20,000 vehicles per day is typical threshold for requiring two vehicle lanes per direction (Road Diet)6,200 daily vehicles estimated on University with 2012 count (at 3,500 daily vehicles
estimated on University with 202055 KM/H average speed measured on University Avenue (202060 KM/H current speed limit
•••••
Community and Stakeholder FeedbackReview of traffic volume dataReview of speed dataReview of collision dataTransportation Best PracticesSuccesses and Lessons Learned in similar projects
Use of Data, Best Practices, and Experience
••••••
Draft Cycling Strategy
MoveSJ
Alignment with
Cross Section: Current Roadway Use
Cross Section: Current Roadway Use
Motorist Safety Concerns West End of Street
Ave and
Millidge
Avenue
Bloom StreetVarsity Street/Hospital
••
Road DietTwo dedicated bike lanesTurn lanes maintained at Sandy Point RdBike boxesTransit stop/shelter movedTwo signalized crosswalksReduced vehicle lanes across crosswalksYield signs
and loss of free flow lane from Millidge
••••••••
Cross Section: Proposed Roadway Use
Initial Plan
with Bollards
Buffered Bike Lanes
Buffered Bike Lanes
Signalized Crosswalk Design
at Bloom and at Varsity/Hospital
Design Details
mail) feedback submissions from community
-
21 community participants in April 28 virtual community meeting37 written (ePhone calls between City staff and community membersSaint John Cycling Club Saint John Transit Saint John
Fire and Police ForceRepresentative of Tim Horton’s/Wendy’sVarious feedback demonstrates need for balanced approach to design
Consultations
••••••••
Option Suggested During Consultations
median to extend
centre
1
Becomes first Protected Bike Lane in City
•
Stop westbound Buffered Bike Lane at Bloom StreetRemove portion of left turn lane to Tim Horton’s/Wendy’sImplement “No Stopping” zoneAddition of bollards along Buffered Bike LanesReduce
speed limit from 60 KM/H to 50 KM/H
Changes from “Initial Plan” to “Final Plan”1.2.3.4.5.
2
3
Final Plan Incorporating Community Feedback
Law Amendments recommended at a later date
-
Endorse “Final” PlanTraffic By
Recommendations to Common Council
••
/haahb /h b/L\[w9thw
M&C No. 2021-177
Report Date June 09, 2021
Meeting Date June 14, 2021
Service Area Utilities and
Infrastructure Services
Her Worship Mayor Donna Noade Reardon and Members of Common Council
SUBJECT: CǒƓķǤ vǒğǤ Ώ tƩƚƆĻĭƷ \[ğǒƓĭŷ
AUTHORIZATION
Primary Author Commissioner/Dept. Head City Manager
Jeffrey Cyr Brent McGovern John Collin
RECOMMENDATION
It is recommended that this report be received and filed.
EXECUTIVE SUMMARY
In 2019, the City of Saint John entered into an agreement with Fundy Quay Developments
Inc. for the development of the former coast guard site. Since this time, $15 Million in
infrastructure funding has been secured and efforts to implement this work are well
underway. The purpose of this report is to provide a detailed update of the progress made
development.
PREVIOUS RESOLUTION
In December of 2019, Common Council approved an option agreement for the lease and
purchase of the Fundy Quay property to Fundy Quay Developments Inc.
At its February 22, 2021 meeting, Common Council awarded a contract for Architectural
Services for the revitalization of Loyalist Plaza and Extension of Harbour Passage along
the Fundy Quay to the Glenn Group.
At its March 8, 2021 meeting, Common Council awarded a contract for Engineering
Services for the Fundy Quay Site Works to Dillon Consulting Inc.
At its March 29, 2021 meeting, Common Council approved the City accepting funding
offers from the Regional Development Corporation for two projects, Quay
and .
At its March 29, 2021 meeting, Common Council approved the City entering into
Agreement with the Regional Development Corporation for funding under the Canada
New Brunswick Integrated Bilateral Agreement for Investing in Canada Infrastructure
Program Harbour Passage (Phase 1) - Loyalist Plaza and Pedway
Co and .
- 2 -
REPORT
The Fundy Quay property represents one of the highest profile development
opportunities on the Atlantic Coast and the single greatest opportunity to realize the
s urban waterfront. A re-imagined Fundy Quay will serve to
enhance the Saint John urban experience through a mix of uses such as retail and
commercial space and services, specialty shops and boutiques, residential condominiums
and apartments, hospitality, entertainment, cultural uses, green spaces, cafes, and active
transportation linkages that will truly make the site a vibrant catalyst for future
waterfront activity.
Envision Saint John: The Regional Growth
Agency is providing project leadership and management support for the Fundy Quay
project, a transformational waterfront development project for the City of Saint John and
the greater region.
Fundy Quay Site History
Coast Guard Property
The Fundy Quay site was an historic series of tidal slips forming a section of Saint John
historic , the Federal Government infilled a number of the slips to
create an approximately 6-acre property to house the Coast Guard operations. The Coast
their
remaining operation
As the intensity and scale of Coast Guard operations at the Fundy Quay declined, the City
of Saint John identified the property as a strategic site for a transformational waterfront
development. The City began negotiations with the Federal Government and through the
Saint John Development Corporation issued a call for proposals for development in 2005.
The Hardman Group were selected as the successful proponent.
Hardman Group
In 2006, the Hardman Group and the Saint John Development Corporation entered into a
preliminary memorandum of understanding (MOU) to explore the opportunity for
development of the Fundy Quay. The MOU contained both a due diligence phase and a
land development phase. The due diligence phase consisted of the two parties cost
sharing in geotechnical and environmental engineering evaluation of the site. Through
this process, several challenging attributes of the site were identified including
complications associated with the fill material used to create the property, soil
contamination from historical coast guard operations and the physical condition of the
seawall. The two parties continued to work towards the development, however,
unforeseen challenges including the global recession of 2008 and the cancellation of
several large industrial projects proposed for Saint John led to the cancellation of the
project in 2011.
Second Developer
In 2012, the Saint John Waterfront Development Partnership released a new call for
proposals for development of the site, however, no proposals were received at that time.
Following the RFP, Cushman Wakefield were retained to support the identification of a
potential developer for the site. A Halifax based developer was identified and
- 3 -
negotiations were held, but an agreement for the sale of the property was never
executed. Negotiations with this developer ceased in 2017.
New Brunswick Museum
In late 2017, the Fundy Quay was identified by the Province of New Brunswick as a
potential location for the New Brunswick Museum. In 2018, the City subdivided and sold
a roughly 70,000 square foot parcel of land to the Province. Schematic design and public
engagement were completed by the Province in 2018, however, the project was cancelled
later that year due to budget challenges.
The Fundy Quay Project (2019 to Present)
Developer Selection
In response to the cancellation of the museum project, in April 2019, Develop Saint John
(a predecessor organization of Envision Saint John) issued a call for expressions of interest
for the development of the Fundy Quay. This process solicited two formal responses from
capable developers interested in the project. An evaluation committee was established
by Develop Saint John and included the City and DevelopSJ staff, DevelopSJ board
members, and other strategic community members. Following a rigorous proposal review
process, the Elias Management Group was recommended as the successful proponent for
the development of the Fundy Quay and subsequently approved by the board of Develop
Saint John in June of 2019.
Agreement with Fundy Quay Developments Inc.
As negotiations moved forward with EMG, it was determined that the best approach for
the site was the signing of an option agreement. In previous efforts to develop the Fundy
Quay, no formal agreements of this nature were signed, resulting in drawn out and
undefined processes for negotiation and due diligence. The proposed option agreement
covers the period of 2020 and 2021 and is structured to encourage the developer to move
the project forward, while establishing clear milestones where Fundy Quay Developments
Inc. increasingly commits to the project. At the conclusion of 2021, with the site
infrastructure ready for delivery, Fundy Quay Developments Inc. are required to exercise
the option to retain control of the site.
Upon EMG exercising the option agreement, they will enter a ground lease (to-own)
agreement with the City of Saint John. The ground lease will last for a maximum of up to
25 years, with EMG required to purchase the site by the conclusion of the 25th year or at
an earlier date.
The ground lease model provides several advantages which support the viability for the
development of the Fundy Quay. Primarily, it offsets challenges in financing large land
acquisitions, which typically require substantial down payments and have high interest
rates. With the site challenges that already exist on the Fundy Quay, this approach helped
to improve project viability and best positioned the development for early success.
Project Infrastructure Funding & Business Case
In February of 2021, $15.15 Million in Federal and Provincial infrastructure funding was
announced in support of the Fundy Quay project. This was in addition to $3.27 Million
already approved by the Federal Government for the seawall project.
- 4 -
The funding package represented a significant improvement in the overall value for the
in the Fundy Quay, resulting in the improvement of several existing
assets (that are near the end of their asset life) and future cost avoidance associated with
the construction of several new priority assets, for which there will be public pressure to
invest in future years. These include:
!The Repair and Raising of the Seawall. The seawall containing the Fundy Quay
property has been in a state of disrepair for nearly two decades. Allowing further
deterioration of the seawall could have significant financial repercussions for the
City in the future. The scope of this project includes the repair of the seawall and
the raising of the wall to address the long-term impacts of sea level rise.
!The regrading of the Fundy Quay site. With the seawall being raised roughly 1.5m
2m in height, the City has the opportunity to maximize value on its agreement
with Fundy Quay Developments Inc. by providing a development ready site. This
includes the regrading of the Fundy Quay property to the new height of the wall.
!Soil Remediation and Management. In addition to site regrading, to meet the
requirements of the agreement with Fundy Quay Developments Inc. in providing
a development ready site, the City is also pursuing the remediation and
management of contaminated soils. With the addition of up to 2 m of fill material,
every opportunity will be explored to provide appropriate cap and cover and to
manage contaminated materials on site.
!The refurbishment of Loyalist Plaza. Loyalist Plaza is approximately 40 years old.
The physical infrastructure is near the end of its asset life, and the space is not
designed to have a frontage on new development at the Fundy Quay. Interest in
re-investing in this space has emerged in several instances in recent years,
including in the Central Peninsula Neighbourhood Plan.
!Market Square Pedway Connection. A pedway connection from Market Square
will be constructed linking the new development at the Fundy Quay into the
broader indoor connection that the Saint John pedway system offers. This will
support the economic health of municipal assets such as Market Square, the
Trade and Convention Centre and will support an expedited build-out of the
Fundy Quay project.
!The Extension of Harbour Passage. With the relocation of the Canadian Coast
Guard operations to the industrial park, there are growing public expectations to
extend waterfront access along the perimeter of the Fundy Quay property. The
Harbour Passage extension will nearly double the length of urban waterfront
access in the Uptown and further support alternative routes for active
transportation and cycling.
- 5 -
Overall, the approved project scope and funding secure substantial public benefits and a
strong return-on-investment for the City of Saint John and its federal and provincial
partners. A summary of the funding breakdown is provided below.
Fundy Quay Tri-Lateral Funding Breakdown
Total
Total Cost Federal Provincial Municipal
$4,121,000 $0 $0 $4,121,000
Soil Remediation
$2,500,000 $0 $625,000 $1,875,000
Infill
Harbour Passage Phase 1, Loyalist
$9,995,000 $7,996,000 $0 $1,999,000
Plaza, and Pedway
$2,675,000 $1,070,000 $1,382,750 $222,250
Harbour Passage Extension, Phase 2
$3,270,000 $3,240,000 $1,665,000
$8,175,000
Seawall Repair
Offsetting Community Development
$0 $0 $825,000 ($825,000)
Fund Contribution to SJ Capital
Budget
υЊЋͲЌЌЏͲЉЉЉ υЏͲЉАЋͲАЎЉ υВͲЉЎАͲЋЎЉ
υЋАͲЍЏЏͲЉЉЉ
Total
A key benefit of this investment for the City will be revenue generated from two sources,
the ground lease/sale of the land to the developer and the tax revenue generated from a
high-density development. These are revenues that would be unlikely to be attained
without the improvements proposed as part of this project. The agreement with the
Developer establishes a value of $6.45 Million for the improved property. This represents
roughly 1.55 times the incremental investment in infrastructure proposed, meaning the
City is positioned to recover its incremental costs through the land agreement. While the
City is positioned to recover costs through the land agreement with the developer, the
majority of municipal revenues will be generated through the development of the
property. Preliminary estimates are that the development will generate between $2
Million and $3 Million in municipal property tax revenues annually at full build out.
Developer Option Agreement Requirements
The option agreement for the Fundy Quay ground lease sets out several developer
requirements to be addressed within the first year of option. While there were some
delays because of the timeline for infrastructure funding approvals, all the requirements
were met by early 2021. This includes:
!The payment of a non-refundable $250,000 option fee, which will be credited as
the first lease payment;
!The acquisition of the portion of the Fundy Quay property owned by the Province
of New Brunswick;
!Assembling a project team with the experience necessary to complete the
development;
!The preparation of a concept plan and public engagement in coordination with
the City of Saint John;
!To complete business and project plans demonstrating project viability and
proposed phases for the development.
- 6 -
Infrastructure Design & Construction
Public Infrastructure
Since the formal launch of the project in late February 2021 significant progress has been
made in moving forward the public infrastructure components of the Fundy Quay project.
Progress on the major components is summarized below:
Seawall: As the first component of the project to receive infrastructure funding,
design work for the seawall repairs is completed, the project was tendered, and
the contractor was mobilized on site in April of 2021. The construction to repair
and raise the seawall is broken into two phases. The first phase focuses on the
southern portion of the seawall and is scheduled for completion by late
September of 2021. The second phase of construction is along the northern
portion of the seawall and is anticipated to be completed by the Fall of 2021.
Currently, seawall construction is on schedule.
Site Works: The site works project includes both the soil remediation and
management and the site regrading. Design and engineering services were
retained in March of 2021 and this work has moved forward at an expedited pace.
Currently concept design work has been completed and the consultant is moving
forward with the preparation of detailed design drawings and the tender
package. A tender release is planned for over the summer with construction
beginning in late September or early October. This component of the project is
phased in alignment with the seawall schedule, as the site regrading will follow
the completion of each seawall phase. In fall of 2021, soil remediation and
regrading work will be isolated to the southern portion of the site, with work
beginning on the northern portion in fall of 2022.
Public Space: The public space includes both the redesign and construction of
loyalist plaza in addition to extension of Harbour Passage along the perimeter of
the Fundy Quay property. Architectural services were retained in February of
2021 and design work is proceeding quickly. To date, the first major phase of
stakeholder and public engagement was completed, which included a digital
public open house in April of this year. This formative engagement supported the
project team in identifying solutions to foundational items which require
consideration as part of the concept design, which included items such as the
location of the stage, the location and design of the pedway connection, and
options for the boardwalk and patio area. With this formative direction, the
consultants are well into concept design. The concept design will be used to
support the next phase of community engagement.
Construction of the public space component of the project will be phased and
coordinated with the numerous municipal infrastructure projects occurring in the
area. The first phase of construction is planned for this fall and will focus primarily
on demolition, material salvage, infrastructure, and site regrading at loyalist
plaza. New construction of loyalist plaza is planned for spring of 2022 and is
anticipated to span the majority of the construction season. Harbour Passage will
be phased to follow the completion of the siteworks project, with the majority of
construction occurring in 2022 and 2023. The pedway connection is expected to
be predominantly constructed offsite and could be in place in either late 2022 or
2023, subject to finalizing the design.
- 7 -
Current Status of the Private Sector Development
Fundy Quay Developments Inc. has continued to ramp activities towards the
development of the interior of the Fundy Quay property. Design and engineering work in
support of the project continues to progress and the development team has expressed
intentions of undergoing the development approvals process this year. The current
objective of the developer is to begin their first building in 2022, once the City completes
the site regrading for the southern portion of the Fundy Quay property.
Important Project Considerations
Infrastructure Canada Timelines: At the last update to Common Council, a
significant project risk was identified with regards to unachievable funding
timelines for the public space component of the project. At this time, it was noted
the Covid-19 resilience stream that the project was funded through required all
st
work to be completed by December 31, 2021. Since this update, the City has
received an extension on the funding, providing an additional 2 years to complete
the work and eliminating this project risk.
Managing Impacts on the Boardwalk Businesses: Construction activities at
loyalist plaza and along the boardwalk pose a serious challenge to the businesses
operating patios in this area, particularly given the impacts of Covid-19 on the
financial health of all service industry establishments. Every effort is being made
to identify opportunities to minimize and mitigate these impacts on the
boardwalk businesses and communications with the North Market Wharf Cultural
Association occurs on a weekly basis. Strategies to mitigate these impacts will be
built into any tender documents released.
Harbour Passage as an Active Transportation Network: Harbour Passage offers
an opportunity for Saint John residents to enjoy the waterfront and to travel
within the City using active modes of transportation. The design of this segment
of Harbour Passage will continue this active transportation linkage offering
another alternative to Saint John residents.
STRATEGIC ALIGNMENT
Responsibility, Growth and Prosperity, and Vibrant Safe City and it is one of Saint
a strategic Growth Concept identified in
SERVICE AND FINANCIAL OUTCOMES
The Fundy Quay public space improvements are part of a broader project to
development on the Fundy Quay site, creating a strong business case for the
project. The Ground Lease with Fundy is based on a maximum value of $6.45M
and will generate initial lease payments of $250,000 annually until purchased. The
development of the site is anticipated to generate $2M - $3M in annual property
tax revenue at full build out and securing the development has been instrumental
- 8 -
in the approval of an additional $15M in federal and provincial infrastructure
investments.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
N/A
ATTACHMENTS
N/A
June 3, 2021
Saint John Common Council
City Hall
15 Market Square
Saint John, NB E2L 4L1
Dear Mayor and council,
I am writing to you in the interests of public safety. On May 24, 2021, I drove up Pugsley Avenue and stopped at a red
light at the intersection with Somerset Street. The light turned green. I paused and looked both ways before
proceeding. As I started to advance, a car came up the hill on Somerset and ran the red light. Fortunately, I was able to
stop in time as the car zipped past me, it's young driver's head down as if he were texting or was otherwise
distracted. Had my light changed to green a few seconds before I arrived and I had proceeded without stopping, my
car would have been t-boned and there would have been serious injuries.
This was not the first, second, third, fourth, fifth, sixth, or seventh time that I have witnessed cars running red lights on
th
Somerset Street. It was the 8 time in 3 months, at this particular intersection (3 times), at the intersection of
Somerset and Wellesley Avenue (3 times), and at the entrance to the Atlantic Superstore (twice). That's 8 violations
of this nature on just one street, witnessed by just one driver. One can only imagine how often this happens across the
entire city!
Among the events that I witnessed was a driver who came down Somerset towards the Superstore and, seemingly
oblivious to anything, passed cars on the right hand side of the road (in a designated bike path) that had already
stopped for the red light. As well, I was horrified to witness the driver of a school bus appear to deliberately step on
the gas and run a red light at the corner of Somerset and Wellesley.
I am assuming there is a history of this behaviour, particularly at Pugsley and Somerset, as I have on several
occasions noticed a police car parked opposite the church, apparently monitoring traffic. If this is the case, this'
watching and waiting' has clearly been ineffective. As well, with budget cuts to the police force, the officers who
remain on duty have little time to deal with traffic violations.
As you are no doubt aware, the New Brunswick government has tabled legislation to allow municipalities to use
photo radar and red-light cameras with automated license plate readers to gather evidence of potential violations of
the Motor Vehicle Act. L Ǟƚǒƌķ ƌźƉĻ Ʒƚ ƩĻĭĻźǝĻ ğƓ ğƭƭǒƩğƓĭĻ ƷŷğƷ {ğźƓƷ WƚŷƓ /ƚƒƒƚƓ /ƚǒƓĭźƌ Ǟźƌƌ ƭǒƦƦƚƩƷ Ʒŷźƭ
ƌĻŭźƭƌğƷźƚƓ ğƓķͲ ǞŷĻƓ ƦğƭƭĻķͲ Ǟźƌƌ ƆƚźƓ ƚƷŷĻƩ ĭźƷźĻƭ ğĭƩƚƭƭ /ğƓğķğ ƷŷğƷ ŷğǝĻ ĭŷƚƭĻƓ Ʒƚ ǒƭĻ Ʒŷźƭ ƷĻĭŷƓƚƌƚŭǤ Ʒƚ ƒğƉĻ
ƚǒƩ ƭƷƩĻĻƷƭ ƭğŅĻƩ͵
There is an abundance of evidence that red light cameras effectively reduce the number of vehicles running red lights.
No further study is needed. Hundreds of communities across North America have recognized that this initiative can
save lives. I trust that this Mayor and council will agree that this is an important public safety issue that 1nust be
addressed.
Yours sincerely,
Doug James
Pugsley Avenue
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M&C No.
2021-179
Report Date June 7, 2021
Meeting Date June 14, 2021
Service Area Legislative Services
Her Worship Mayor Noade Reardon and Members of Common Council
SUBJECT: tƩƚĭĻƭƭ ŅƚƩ {ĻƌĻĭƷźƚƓ ƚŅ 5ĻƦǒƷǤ ağǤƚƩ
AUTHORIZATION
Primary Author Commissioner/Dept. Head City Manager
Jonathan Taylor Jonathan Taylor John Collin
RECOMMENDATION
That this report be received for information.
EXECUTIVE SUMMARY
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At the first meeting of the 2021 Council on June 14, councillors wishing to serve as deputy
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mayor will declare their interest. At the next meeting on June 21, Council will elect a deputy
mayor by majority vote for the term of Council. A balloting voting procedure in Committee of
the Whole will be used to assist in the appointment process and will be completed before a
majority vote in Open Council.
PREVIOUS RESOLUTION: (March 22, 2021)
RESOLVED that that as recommended by the City Manager in the submitted report M&C 2021-
083, Council approve Option 3 for the selection of the Deputy Mayor and direct staff to prepare
a Procedural Bylaw amendment for council's approval reflecting the following:
Council Nominates and Elects the Deputy Mayor
During the first meeting of Council following the quadrennial election, councillors who are
interested in the deputy mayor position will self-identify declaring their interest and stating
their reasons at the meeting in Open Session; and, at the second meeting of Council following
the quadrennial election, council members will elect the deputy mayor by a show of hands
and adopt a resolution to appoint the deputy mayor for the 4-year term of Council.
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REPORT
In New Brunswick, the positions of mayor and councillor are chosen by the local electorate in
the quadrennial municipal election, however, the position of deputy mayor does not appear
on the voting ballot and is not elected by the public. The Local Governance Act s.48(3)
Council of a local government shall elect the deputy mayor in accordance
with a procedural bylaw
Each local Council is therefore responsible for determining how it elects the deputy mayor;
which council members are eligible for appointment (ward councillors, at-large councillors,
or both); the election process to be employed and the term length of office.
Role of the Deputy Mayor
The role of the deputy mayor is to act in the place of the mayor in the absence or inability of
the mayor to act, or if the office of Mayor is vacant. When the mayor is present the deputy
When acting in
place of the mayor, per s. 48(1) of the Local Governance Act, the deputy mayor is expected to
fulfill the following duties of the mayor:
(a)!preside at all meetings of council, except as provided for otherwise in a procedural by-law
made under paragraph 10(2)(a) or in a municipal charter or a private or special Act,
(b)!provide leadership to council,
(c)!communicate information and recommend actions to council for the improvement of the
local finances, administration and government,
(d)!speak on issues of concern to the local government on behalf of council, and
(e)!perform any other duties conferred on him or her by this or any other Act or by council.
The role of deputy mayor, under the Local Governance Act, does not have any regular or day-
to-day responsibilities or authorities over and above those assigned under the Act to other
councillors.
Deputy Mayor Procedural By-law Provisions
In May 2021 Common Council enacted its current procedural by-By-law Respecting the
Procedures of the Common Council of The City of Saint John-law prescribes how
Council meetings are conducted, how decisions are made and recorded, how participants
(including the public) are involved in meetings, and how the Deputy Mayor is elected.
Pursuant to s. 12.2 of the by-law, the deputy mayor appointment process as follows:
(a)!At the first regular Meeting of Council following an election, newly elected
Councillors may nominate themselves for the position of Deputy Mayor by verbal
declaration in open session.
(b)!Consideration by Council of these nominations shall be scheduled for the following
regular Meeting of Council, at which time Council shall openly elect by show of
hands a Deputy Mayor from the list of Councillors who nominated themselves
pursuant to paragraph (a).
(c)!The successful candidate shall hold office until the next municipal election.
Prior to this by-law change, Council had followed a custom of electing as deputy mayor the
councillor having received the most votes in the municipal election.
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Deputy Mayor Appointment
The 2021 Council will hold its first regular Council meeting on June 14, 2021. Councillors
wishing to serve as deputy mayor must verbally declare their interest at this meeting. At the
next regular meeting, Council must adopt a motion by majority vote to elect deputy mayor.
Should more than one councillor declare an interest in serving as deputy mayor, a balloting
voting method would be employed to allow Council to determine which Councillor has
majority support.
-law does not address balloting as described above, when a
matter relating to proceedings in Council or Committee of the Whole arises that is not covered
in provisions of the procedural by-law, the procedure to be followed is decided with reference
to Rules of Order (s. 4.2).
Rules recommends employing a repeated balloting procedure until 1 candidate
receives majority support. The method would be a Plurality Vote and would involve each
council member choosing 1 councillor to be elected as deputy mayor. Should the first round
of voting not result in a majority candidate (a tie), the councillor(s) receiving the lowest number
of votes would be dropped from the ballot and an addition round of voting would commence.
This procedure would continue a councillor receives the majority vote.
The procedure is as follows:
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!Councillors having declared their interest to serve as deputy mayor on June 14 would
be added to a ballot;
!The ballots would be distributed to Council members in Open Session of Committee of
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the Whole on June 21
!Each Council member, including the Mayor, would select the top candidate of their
choice and submit it to the clerk;
!The Clerk and General Counsel would tally the votes separately and the Clerk would
announce the name of the candidate who received the most votes;
!Should a tie occur, the candidate with the lowest vote count would be removed from
the ballot and additional rounds of voting would occur until one candidate has received
the majority of votes;
!Council would adjourn the Committee of the Whole meeting and reconvene in open
session of Council;
!The Committee of the Whole would recommend the appointment of the successful
candidate;
!Council would vote to elect the Deputy Mayor. The Mayor does not vote in Council
unless to break a tie.
STRATEGIC ALIGNMENT
Good governance
SERVICE AND FINANCIAL OUTCOMES
N/A
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
General Office
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ATTACHMENTS
N/A