2020-04-06_Agenda Packet--Dossier de l'ordre du jourCity of Saint John
Common Council Meeting
AGENDA
Monday, April 6, 2020
6:00 pm
8th Floor Common Council Chamber (Ludlow Room), City Hall
Si vous avez besoin des services en francais pour une reunion de Conseil communal, veuillez contacter le
bureau du greffier communal au 658-2862.
Pages
1. Call to Order
2. Approval of Minutes
2.1 Minutes of March 23, 2020 5-22
3. Approval of Agenda
4. Disclosures of Conflict of Interest
5. Consent Agenda
5.1 Contract No. 2019-06: Germain Street (St. James Street to Queen Street) — 23-25
Storm Sewer Installation (Recommendation in Report)
5.2 Acadian Games MOU Amendment (Recommendation in Report) 26-33
5.3 City of Saint John FCM Federation of Canadian Municipalities (FCM) 34-36
Sustainable Communities Awards (Recommendation in Report)
5.4 Contract 2020-08: Gault Road Water Main Extension (Recommendation in 37-42
Report)
5.5 Microsoft Business and Services Agreement—Annual Update 43-46
(Recommendation in Report)
5.6 Establishment of a Supply Agreement for VMware Products (Recommendation 47-48
in Report)
5.7 Contract 2019-14: Water Main Cleaning & Lining - Phase 16 (Recommendation 49-51
in Report)
6. Members Comments
7. Proclamation
7.1 National Public Safety Telecommunicators Week - April 12 to April 18, 2020
8. Delegations / Presentations
8.1 Saint John Transit Commission: Plan of Action
9. Public Hearings - 6:30 p.m.
10. Consideration of By-laws
10.1 Reaffirmation of Council Resolutions from March 23, 2020
11. Submissions by Council Members
12. Business Matters - Municipal Officers
12.1 Sustainability Update (Verbal)
12.2 Emergency Operations Centre - Covid-19 Update
12.3 Preliminary Financial Update - Covid-19
13. Committee Reports
14. Consideration of Issues Separated from Consent Agenda
15. General Correspondence
15.1 P. Groody: Focus and Responsible Behaviour in Times of Crisis
16. Supplemental Agenda
17. Committee of the Whole
17.1 City Market and Covid-19 Impacts
17.2 Request from Reversing Falls Skywalk Inc.
17.3 Discover Saint John Amended Agreement
18. Adjournment
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City of Saint John
Common Council Meeting
Monday, April 6, 2020
NOTICE: THE CITY IS COMMITTED TO TAKING IMPORTANT STEPS IN REDUCING
THE SPREAD OF COVID-19. THE PUBLIC, INCLUDING THE MEDIA, IS NOT
PERMITTED TO ATTEND IN PERSON. THE MEETING IS AVAILABLE BY
LIVESTREAMING ON YOUTUBE. ACCESS TO THE LIVESTREAMING OF THE
MEETING IS AVAILABLE ON THE CITY'S WEB SITE.
AVIS: LA VILLE S'EST ENGAGEE A PRENDRE DES MESURES IMPORTANTES POUR
REDUIRE LA PROPAGATION DE COVID-19. LE PUBLIC Y COMPRIS LES MEDIAS
N'EST PAS AUTORISE A ASSISTER EN PERSONNE. LA REUNION EST DISPONIBLE
EN DIRECT SUR YOUTUBE. L'ACCES AU LIVESTREAMING DE LA REUNION EST
DISPONIBLE SUR LE SITE DE LA VILLE.
Committee of the Whole
1. Call to Order
Si vous avez besoin des services en fran�ais pour une r6union de Conseil communal, veuillez
contacter le bureau du greffier communal au 658-2862.
Each of the following items, either in whole or in part, is able to be discussed in private pursuant
to the provisions of subsection 68(1) of the Local Governance Act and Council / Committee will
make a decision(s) in that respect in Open Session:
4:00 p.m., 8th Floor Boardroom, City Hall
1.1 Approval of Minutes 68(1)
1.2 Financial Matter 68(1)(c)
1.3 Financial Matter 68(1)(c,f)
1.4 Financial Matter 68(1)(c,f)
1.5 Financial Matter 68(1)(c)
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Ville de Saint John
Seance du conseil communal
Lundi 6 avril 2020
18h
Salle du conseil communal (salle Ludlow), au 8e etage de I'hotel de ville
Comite plenier
1. Ouverture de la seance
Si vous souhaitez obtenir des services en fran�ais pour une seance du conseil communal,
veuillez communiquer avec le bureau du greffier communal au 658-2862.
Chacun des points suivants, en totalite ou en partie, peut faire I'objet d'une discussion
en prive en vertu des dispositions prevues au paragraphe 68(1) de la Loi sur la
gouvernance locale. Le conseil/comite prendra une ou des decisions a cet egard au
cours de la seance publique :
16 h, Salle de conference, 8e etage, hotel de ville
1.1 Approbation du proces-verbal 68(1)
1.2 Questions financieres 68(1)c)
1.3 Questions financieres 68(1)c, f)
1.4 Questions financieres 68(1)c, f)
1.5 Questions financieres 68(1)c)
Seance ordinaire
1. Ouverture de la seance
2. Approbation du proces-verbal
2.1 Proces-verbal de la reunion du 23 mars 2020
3. Adoption de I'ordre du jour
4. Divulgations de conflits d'interets
5. Questions soumises a I'approbation du conseil
5.1 Contrat n° 2019-06 : Rue Germain (de la rue St. James a la rue Queen) —
Installation d'un egout pluvial (recommandation dans le rapport)
2
5.2 Modification au protocole d'entente sur les Jeux de I'Acadie
(recommandation dans Ie rapport)
5.3 Prix des collectivites durables de la Federation canadienne des
municipalites (FCM) de la ville de Saint John (recommandation du
rapport)
5.4 Contrat 2020-08 : Prolongement de la conduite d'eau principale de la
route Gault (recommandation dans le rapport)
5.5 Microsoft Business and Services Agreement — Mise a jour annuelle
(recommandation dans le rapport)
5.6 Etablissement d'un accord de fourniture pour les produits VMware
(recommandation dans le rapport)
5.7 Contrat 2019-14 : Nettoyage et revetement de la conduite d'eau
principale — Phase 16 (recommandation dans le rapport)
6. Commentaires presentes par les membres
7. Proclamation
7.1 Semaine nationale des operateurs en telecommunications — du 12 au
18 avril 2020
8. Delegations et presentations
8.1 Saint John Transit Commission : Plan d'action
9. Audiences publiques —18 h 30
10. Etude des arretes municipaux
10.1 Reaffirmation des resolutions du Conseil du 23 mars 2020
11. Interventions des membres du conseil
12. Affaires municipales evoquees par les fonctionnaires municipaux
12.1 Mise a jour sur la durabilite (verbale)
12.2 Centre d'operations d'urgence — Mise a jour sur la COVID-19 (verbale)
12.3 Mise a jour financiere preliminaire — COVID-19
13. Rapports deposes par les comites
14. Etude des sujets ecartes des questions s3oumises a I'approbation du Bureau
15. Correspondance generale
15.1 P. Groody : Ce sur quoi I'accent est mis et comportements responsables
en temps de crise
16. Ordre du jour supplementaire
17. Comite plenier
17.1 Impact sue le marche de la ville et Covid-19
17.2 Demande de Reversing Falls Skywalk Inc.
17.3 Discover Saint John entente modifiee
18. Levee de la seance
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COMMON COUNCIL/ CONSEIL COMMUNAL
March 23, 2020 / le 23 mars 2020
MINUTES — REGULAR MEETING
COMMON COUNCIL OF THE CITY OF SAINT JOHN
MARCH 23, 2020 AT 6:00 PM
IN THE COUNCIL CHAMBER
Present: Mayor Don Darling attending in person
Deputy Mayor Shirley McAlary attending by conference call
Councillor -at -Large Gary Sullivan by attending conference call
Councillor Ward 1 Blake Armstrong attending by conference call
Councillor Ward 1 Greg Norton attending by conference call
Councillor Ward 2 Sean Casey attending by conference call
Councillor Ward 2 John MacKenzie attending by conference call
Councillor Ward 3 David Hickey attending by conference call
Councillor Ward 3 Donna Reardon attending by conference call
Councillor Ward 4 David Merrithew attending in person
Councillor Ward 4 Ray Strowbridge attending by conference call
Also Present: City Manager J. Collin attending in person
City Solicitor J. Nugent Q.C. attending by conference call
Fire Chief K. Clifford attending by conference call
Commissioner Finance K. Fudge attending by conference call
Commissioner Growth & Community Development J. Hamilton attending
by conference call
Commissioner Transportation and Environment M. Hugenholtz attending
by conference call
Common Clerk J. Taylor attending in person
Deputy Common Clerk P. Anglin attending in person
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COMMON COUNCIL/ CONSEIL COMMUNAL
March 23, 2020 / le 23 mars 2020
Due to the State of Emergency declared by the Province caused by the Covid-19
pandemic, the majority of Council Members attended by conference call. The City
Manager conducted roll call of the Council Members to determine quorum. The entire
membership of Common Council was in attendance. The City Manager advised that to
ensure access to the public and transparency of the meeting, livestreaming of the City's
YouTube feed and the Rogers feed are being monitored for disruptions. The Mayor
called an Emergency Session to permit the Council Members to attend by conference
call; this is currently permitted in the Procedural Bylaw. A Procedural Bylaw amendment
is provided in the Council Kit to allow remote attendance at future Regular Meetings of
Common Council without the requirement of having to call an Emergency Meeting.
1. Call to Order
1.1 Emergency Meeting Notice
The Mayor provided Notice that an Emergency Council meeting has been called for
Monday, March 23rd, 2020 at 6:00 p.m. in the Council Chamber of City Hall. This
Emergency Meeting has been called in response to the Covid-19 pandemic and the State
of Emergency declared by the New Brunswick Government on March 201h. The
Procedural Bylaw permits Council Members to attend an Emergency Meeting of
Common Council by conference call.
The continuity of Local Government is imperative in a State of Emergency. Due to the
current restrictions on public gatherings, it is necessary for Common Council to have the
ability to participate in a meeting remotely. By holding an Emergency Meeting, Council
is able to give 151 2nd, and 3rd reading on March 23rd to an amendment of Council's
Procedural Bylaw which would permit remote participation via teleconference or
videoconference, by Council Members to Regular Council meetings.
10.2 Procedural Bylaw Amendment to Allow Council Members to Participate in Open
Session Meetings by Remote Technology (1st, 2nd & 3rd Readings)
The Common Clerk advised that the continuity of Local Government is imperative in a
State of Emergency declared on March 201h necessitated by the Covid-19
pandemic. Due to the current restrictions on public gatherings, it is necessary for
Council Members to have the ability to participate in Council Meetings remotely. By
holding an Emergency Meeting, Council is able to give 151 2nd, and 3rd reading to an
amendment to Council's Procedural Bylaw which will permit the remote participation by
Council members in future Regular Council meetings by teleconference or
videoconference.
Responding to question, the City Manager advised that the current meeting has
convened by calling an Emergency Meeting under the Province's declared State of
Emergency due to Covid-19. Our current Procedural Bylaw permits Council Members'
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March 23, 2020 / le 23 mars 2020
participation by conference call in an Emergency Meeting. The submitted bylaw
amendment will provide a long-term approach to address remote participation in
Regular Session of Common Council by teleconference or videoconference without the
requirement to call an Emergency Meeting.
Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan:
RESOLVED that the by-law entitled, "By -Law No. M-5, A Law to Amend a By -Law
respecting the Procedure of the Common Council of the City of Saint John", permitting
Council Members to participate in open session meetings of Common Council and
Committees using remote technology, be read a first time.
MOTION CARRIED.
Read a first time by title, the by-law entitled, "By -Law No. M-5, A Law to Amend a By -
Law respecting the Procedure of the Common Council of the City of Saint John".
Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan:
RESOLVED that the by-law entitled, "By -Law No. M-5, A Law to Amend a By -Law
respecting the Procedure of the Common Council of the City of Saint John", permitting
Council Members to participate in open session meetings of Common Council and
Committees using remote technology, be read a second time.
MOTION CARRIED.
Read a second time by title, the by-law entitled, "By -Law No. M-5, A Law to Amend a By -
Law respecting the Procedure of the Common Council of the City of Saint John".
Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan:
RESOLVED that the by-law entitled, "By -Law No. M-5, A Law to Amend a By -Law
respecting the Procedure of the Common Council of the City of Saint John", permitting
Council Members to participate in open session meetings of Common Council and
Committees using remote technology, be read in its entirety.
MOTION CARRIED.
The by-law entitled, "By -Law No. M-5, A Law to Amend a By -Law respecting the
Procedure of the Common Council of the City of Saint John", was read in its entirety.
Moved by Deputy Mayor McAlary, seconded by Councillor Merrithew:
RESOLVED that the by-law entitled, "By -Law No. M-5, A Law to Amend a By -Law
respecting the Procedure of the Common Council of the City of Saint John", permitting
Council Members to participate in open session meetings of Common Council and
Committees using remote technology, be read a third time, enacted, and the Corporate
Common Seal affixed thereto.
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COMMON COUNCIL/ CONSEIL COMMUNAL
March 23, 2020 / le 23 mars 2020
MOTION CARRIED.
Read a third time by title, the by-law entitled, "By -Law No. M-5, A Law to Amend a By -
Law respecting the Procedure of the Common Council of the City of Saint John."
2. Approval of Minutes
2.1 Minutes of March 9, 2020
Moved by Deputy Mayor McAlary, seconded by Councillor Norton:
RESOLVED that the minutes of the meeting of Common Council held on March 9, 2020,
be approved.
MOTION CARRIED.
3. Approval of Agenda
Moved by Deputy Mayor McAlary, seconded by Councillor MacKenzie:
RESOLVED that the agenda of this meeting be approved with the following changes:
Moving ahead on the agenda as the first item of business:
10.2 Procedural Bylaw Amendment to Allow Council Members to Participate in Open
Session Meetings by Remote Technology (1st, 2nd & 3rd Readings)
And the addition of items:
17.1 Fundy Quay Option to Lease Agreement
17.2 South Bay Wellfield Sustainable Yield — Commencement of Action Against BGC
Engineering Inc. and Peer Reviewers
17.3 Saint John Water — Bill Payment Information
17.4 Suspension of Seasonal Licence at Stewart Hurley Arena for Year 2020
MOTION CARRIED.
4. Disclosures of Conflict of Interest
City Solicitor J. Nugent and Councillor G. Norton declared a conflict of interest with item
17.2 South Bay Wellfield Sustainable Yield — Commencement of Action Against BGC
Engineering Inc. and Peer Reviewers.
S. Consent Agenda
5.1 That as recommended by the City Manager in the submitted report M&C 2020-
79: Contract 2019-13: West Saint John Water Supply — Orthophosphate System, the
contract be awarded to the low Tenderer, G.J. Cahill & Company (1979) Ltd., at the
tendered price of $246,100.00 (including HST) as calculated based upon estimated
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COMMON COUNCIL/ CONSEIL COMMUNAL
March 23, 2020 / le 23 mars 2020
quantities; and further that the Mayor and Common Clerk be authorized to execute the
necessary contract documents.
5.2 That the submitted report M&C 2020-50: All -Terrain Vehicles on Cosy Lake Road,
be received for information.
5.3 That as recommended by the City Manager in the submitted report M&C 2020-
83: Initiate Stop -Up and Closure and Subsequent Sale for Portion of Fairville Boulevard
Common Council approve the following:
1. That the Public Hearing to consider the passing of a By-law to Close a 476 square
metre portion of a public street known as Fairville Boulevard, as shown on a
Survey Plan (submitted), be set for Monday, June 8, 2020 at 6:30 p.m. in the
Council Chamber;
2. That Common Council authorize the publishing of a notice of its intention to
consider passing of such By-law identified above; and
3. In the event that Common Council gives Third Reading to Amending a Bylaw as
stated above, that Council approve the sale of the subject property to SBLP
Harding Street Property Inc. for $1.00, subject to the reservation of any
municipal or public utility easements required and further, that the Mayor and
Common Clerk be authorized to execute any document to effect the transfer.
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. Members Comments
Council members commented on various community events.
7. Proclamations
7.1 Purple Day — March 26, 2020
The Mayor declared March 26, 2020 as Purple Day in the City of Saint John.
8. Delegations/Presentations
9. Public Hearings 6:30 PM
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COMMON COUNCIL/ CONSEIL COMMUNAL
March 23, 2020 / le 23 mars 2020
10. Consideration of Bylaws
10.1 Zoning By -Law Amendment — 399 Burchill Road (3rd Reading)
Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan:
RESOLVED that the by-law entitled, "By -Law Number C.P. 111-89 A Law to Amend the
Zoning By -Law of The City of Saint John" amending Schedule "A", the Zoning Map of The
City of Saint John, by re -zoning a parcel of land having an area of approximately 995.1
hectares, located at 399 Burchill Road, also identified as being a portion of PID Number
00412189, from Heavy Industrial (IH), Pit and Quarry (PQ), Rural (RU), and Medium
Industrial (IM) to Green Energy (GE); and rezoning a parcel of land having an area of
approximately 2.5 hectares, located at 399 Burchill Road, also identified as being a
portion of PID Number 00412189, from Pit and Quarry (PQ) and Rural (RU) to Special
Zone 5 (SZ -5), be read.
MOTION CARRIED.
The by-law entitled "By -Law Number C.P. 111-89 A Law to Amend the Zoning By -Law of
The City of Saint John" was read in its entirety.
Moved by Deputy Mayor McAlary, seconded by Councillor Merrithew:
RESOLVED that the by-law entitled, "By -Law Number C.P. 111-89 A Law to Amend the
Zoning By -Law of The City of Saint John" amending Schedule "A", the Zoning Map of The
City of Saint John, by re -zoning a parcel of land having an area of approximately 995.1
hectares, located at 399 Burchill Road, also identified as being a portion of PID Number
00412189, from Heavy Industrial (IH), Pit and Quarry (PQ), Rural (RU), and Medium
Industrial (IM) to Green Energy (GE); and rezoning a parcel of land having an area of
approximately 2.5 hectares, located at 399 Burchill Road, also identified as being a
portion of PID Number 00412189, from Pit and Quarry (PQ) and Rural (RU) to Special
Zone 5 (SZ -5), be read a third time, enacted, and the Corporate Common Seal affixed
thereto.
MOTION CARRIED.
Read a third time by title, the by-law entitled "By -Law Number C.P. 111-89 A Law to
Amend the Zoning By -Law of The City of Saint John."
11. Submissions by Council Members
11.1 Covid-19 Mitigation Plans and Economic Crisis Plan (Mayor Darling)
Responding to questions, "Does the Wage Escalation Policy gives us guidance with how
we move forward under circumstances like Covid-19; does it help us in good times and
bad times?" the Commissioner of Finance stated the Wage Escalation Policy is a capping
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COMMON COUNCIL/ CONSEIL COMMUNAL
March 23, 2020 / le 23 mars 2020
of the overall wages and benefits for the City's budget. It is not a labour policy, nor is it a
union policy. The intent is that the City spends within its means; that our budgets and
spending is within our revenue generation. The Policy does prescribe that we must find
ways to ensure that our overall wages and benefits are within an affordability threshold.
Responding to questions, the City Manager stated for the public record that he did not
assist in developing the motion and cannot support the motion. The primary reason is
that he believes we have the tools to act decisively and appropriately as needed. There
is a Wage Escalation Policy that is directly tied to growth; we have direction from
Council that 50% of the deficit will be addressed through workforce adjustments and a
requirement under law to balance the budget for 2021 and the years thereafter. He
stated that staff has the tools to provide recommendations in the future on what needs
to be done based on the Covid-19 impacts, impacts we don't know the results of.
Responding to questions "Do you feel you have the tools to address the day to day
needs of the Covid-19 pandemic and mediation? Is there anything Council can do either
in the form of this motion or otherwise to assist you in addressing the pandemic?" the
City Manager responded the City is following the lead of the Province on all of their
medical recommendations for Covid-19 and the City has implemented these
recommendations. The Province continues to look at additional measures. The Province
is on record saying they will look at the necessary compensation and adjustment to their
budgets at some time in the future and we will follow that lead. For today, the City is
providing essential services in the City and has commenced plans to return to some
degree of normalcy in the future. It is still far too early to make any determinations on
exactly what will be required in those plans.
Responding to a question on the first bullet of the motion specifically "Is there any data
to analyse what the impacts of Covid-19 are?" the City Manager stated "Concerning that
part of the motion, we will explore, understand, analyse the financial impacts. Whether
it is appropriate to do so on a weekly, monthly, quarterly basis will depend on how the
situation unfolds in the coming days and weeks. The notion of conducting a financial
analysis is absolutely sound and the City would do this anyway. But today, asking to
produce a definitive financial impact in a month is not achievable. It will require a lot of
work. It is, perhaps, not the first priority dealing with Covid-19 emergency as we know it
today."
Responding to the question "What is the total costs of the City's payroll?" the
Commissioner of Finance stated that for the 2020 budget the total payroll (wages,
benefits, including pension, fringe benefits) is approx. $91M of the $156M City budget
(i.e. 57% of the budget); and that the City has approx. 900 employees.
Responding to the question, "If things were catastrophic, and our deficits were
mounting how many employees could we lay off?" the City Manager stated the question
has two -parts:
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COMMON COUNCIL/ CONSEIL COMMUNAL
March 23, 2020 / le 23 mars 2020
1. From the perspective of contract law, based on the City's Collective
Agreements:
• Local 18 (outside workers)— has no lay off clause
• Local 486 (inside workers) — there are certain limitations based on seniority in
terms of terminating individuals, however for the large majority of the inside
workers there are no restrictions. Those who have been around for a very long
time are protected under their Collective Agreement.
• Fire — has no limitations. Council approves the yearly fire establishment.
• Police — maximum number that can be laid off is 10-11 police officers.
2. From the perspective of common law in an emergency, unforeseen,
unforecasted, unavoidable situation an employer could be entitled to disregard
or not follow certain terms within Collective Agreements. There is no doubt this
would be challenged and would be addressed by the Courts.
As requested, the City Solicitor categorized the 3 -part perspective model to determine
layoffs:
1. The contractual perspective / The City Solicitor has reviewed the Collective
Agreement provisions that appear to be relevant to the issue.
2. The statute perspective / Statutes such as the Employment Standards Act,
Industrial Relations Act, have some provisions that may be applicable to some
groups of employees with respect to layoffs.
3. The common law perspective / the legal principle referred to as frustration of
contract is a challenging principle; it is not an easy principle to apply to relieve
parties from their obligations under contract, but it is theoretically available in
appropriate cases. We have not come anywhere near the point of reaching an
opinion as to whether or not that principle has any application with respect to
any of our employee groups including those who are bound by collective
agreements.
Responding to questions on the Wage Escalation Policy and a rising deficit situation
specifically "How does the Wage Escalation Policy" address a sudden global recession /
potential depression?" the Commissioner of Finance responded that the Wage
Escalation Policy is an affordability policy based on a rolling three year tax base. With
respect to immediate or emergency requirements, the policy looks at affordability based
on the tax base and it is done on an annual basis. It would not provide an immediate,
result; it would be based on the next round of tax base information. The City's overall
revenue trajectory, about 90% of the City's revenues, are property tax based,
unconditional grants and the Province's short-term social assistance revenues.
The City Manager clarified that the Wage Escalation Policy speaks about budgets and
not wage increases. The overall budget is based on a three-year rolling average. The
Policy does not say that the budget will increase at the percentage of the three-year
rolling average of growth; it will not go above the three-year rolling average without a
business case being made. In other words it is the maximum, not a given. There is scope
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March 23, 2020 / le 23 mars 2020
within the Wage Escalation Policy to recommend to Council wage increases that are less
than the three-year rolling average of growth.
Moved by Councillor Merrithew, seconded by Councillor Norton:
RESOLVED that the City Manager to directed to:
• Prepare a monthly forecast of the impacts from Covid-19 on finances, human
resources and City operations. Including mitigation plans.
• Work with our employee groups to gain, at minimum, a wage freeze for 4 years
and the flexibility to reduce wage costs as necessary, to protect the sustainability
of the local economy and taxpayers.
• That due to restrictions related to some employee groups in terms of binding
arbitration and the failure to recognize local conditions, that a corresponding
recommendation be made to budget allocations, should current realities be
ignored and wage increases be forced upon taxpayers.
• That the barriers associated with current collective agreements be clearly
communicated to the public from all city, agencies, boards, and commissions
within the next 30 days.
• That council rejects in principle any labour agreement that is not at minimum a
wage freeze and with restrictive clauses removed, impeding necessary
management, productivity and cost flexibility.
• Enhance governance to ensure the barriers we face related to our workforce,
collective agreements and the negotiation process are addressed.
• Work with the Provincial and Federal governments to achieve the necessary
support to rebuild the Saint John economy.
• This would include the key reforms, already on our priority lists, direct support
from both the Federal and Provincial Governments.
• That the Ernst and Young Operational audit due at the end of March, include
commentary on the new realities we face and that a staffing report be presented
to council within 30 days of receipt, with recommended actions and priorities.
MOTION DEFEATED with Deputy Mayor McAlary and Councillors Sullivan, Armstrong,
MacKenzie, Casey, Strowbridge, Reardon and Hickey voting nay.
11.2 Common Council Salary Deductions (Councillor Ca
The City Manager advised that a change to the Council Members' salary requires a
change to the existing Council Members Salary Bylaw and the bylaw process requires 15t
2nd and 3rd readings. A change to the salary cannot be effected by a motion. Staff will
need to draft the required bylaw amendments and then Council must give 15t and 2nd
reading at a meeting of Council, followed by 3rd reading at a subsequent meeting.
Moved by Councillor Casey, seconded by Councillor Sullivan:
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March 23, 2020 / le 23 mars 2020
RESOLVED that Common Council reduce the salary of the Mayor by $10,000 and reduce
each Councillor and the Deputy Mayor salary by 10 percent.
MOTION DEFEATED with Deputy Mayor McAlary and Councillors Sullivan, Armstrong,
Hickey, MacKenzie, Reardon, and Strowbridge voting nay.
12. Business Matters - Municipal Officers
12.1 Sustainability Update (Verbal)
The City Manager commented on several issues:
Restructuring Plan - A brief on the restructuring plan was provided to the Finance
Committee March 17th. The focus for Council, the City and the Province has shifted to
Covid-19. The restructuring update to Council will be postponed from the planned
Special Meeting scheduled for Tuesday March 31 to the Council Meeting of April 6th. The
update will be 2-3 hours long. Additional delays may be required. The Special Council
meeting planned for Tuesday March 31 to discuss the restructuring is no longer
required. It is intended to proceed with the Committee meeting with Regional Caucus
scheduled for Monday March 30th
The City Manager commented that the sustainability plan is ongoing, and audits,
analysis, initiatives are proceeding.
Referencing the Local 18 Collective Agreement negotiation, a tentative agreement has
been reached at the bargaining team level. However ratification with Local 18 cannot be
done because of the declared Provincial State of Emergency. As part of the negotiation
terms, it was agreed that the ratification by the Union and the vote by Common Council
would take place on the same day. The path forward will require ratification by Local 18
and a Common Council vote in favour.
Moved by Deputy Mayor McAlary, seconded by Councillor Merrithew:
RESOLVED that the Sustainability verbal update be received for information.
MOTION CARRIED.
12.2 Covid-19 Operational Update (Verbal)
The City Manager introduced the Emergency Operations Centre (EOC) team
participating by conference call. The EOC is the primary coordination centre for cross -
functional organization within City Hall departments, and provides coordination with
the community. The EOC has also taken a lead role with future planning. On March 16th
the EOC Activation Level 1— Enhanced Monitoring was reported. On March 17th the EOC
Activation Level 2- Partial Monitoring was reported and remains the current status. Fire
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Chief K. Clifford is Incident Commander for the Covid-19 emergency and leads the EOC
Team. The SJEMO Situational Report update will focus on regional and municipal
updates and not provide a full review of federal and provincial updates.
Fire Chief K. Clifford - Incident Commander (IC) reported that SJEMO has been
monitoring the Covid-19 development since first reported globally in late December
2019 / early January 2020. The SJEMO has transitioned from Level 1 — enhanced
monitoring to Level 2 - partial activation effective mid last week. The Incident
Commander stated that the world-wide spread and exponential growth of the virus is
alarming. Our citizens absolutely need to heed the strong direction of our regional,
provincial and national health authorities. Our health authorities' direction is our only
chance to reduce what could be historic and catastrophic outcomes for our nation. At
this point it is unknown how Canada, New Brunswick and Saint John will endure through
the crisis. The ultimate outcome will depend on all of us. We do not know how many
people in our community will get sick or how many will die. We do know that following
the direction of federal, provincial and regional health authorities will minimize these
horrendous outcomes. SJEMO utilizes the Incident Command System as an objective
based organizational structure for putting order to the decisions that need to be made
in times of crisis. As a municipality, SJEMO has had a pandemic emergency response
plan for a number of years, never expecting to utilize it. We are truly dealing with the
unknown at this time and we need to navigate this uncharted crisis together with our
community. We are prepared to do just that; our SJEMO team and our ICS organization
structure. Team members of command and general members will provide updates on
how their respective role will help the community navigate this crisis.
The following SJEMO team members defined their roles:
Deputy Chief Rob Nichol - SJEMO Planning Section Chief provided insight into the ICS
structure in place for the Covid-19 emergency. Incident Command is management by
objectives (MBO). The Incident Commander has established 5 overarching objectives,
incident management steps, to manage this pandemic. These objectives are reviewed
continually and strategies and tactics are established to accomplish the objectives. The
key to effective incident management is the communication of these objectives and the
effective management of the resources required. The 5 identified objectives by the IC
are as follows:
1. Implement all necessary measures to ensure the safety of the citizens and
employees of the City of Saint John as directed by the Office of the Chief Medical
Officer of Health.
2. Ensure essential services are maintained including continuity of public safety
services and critical infrastructure.
3. Provide systematic updates to the public, staff and SJEMO stakeholders on
verified information pertaining to the City's response to the pandemic.
4. Ensure business continuity plans at the City and individual department level are
implemented to ensure the best use of available resources.
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5. Support Regional Health Authority and Public Health with requests for assistance
for assessment centres which may be implemented within City limits.
Deputy Chief Mike Carr - Liaison Officer SJEMO Responsible for coordinating all
external agencies with SJEMO which capitalizes on the ongoing training and relationship
building that occurs daily. This connectivity increases our interoperability with external
stakeholders and improves our understanding of their emergency response procedures.
SJEMO has been in contact with NBEMO and the Regional Health Authority since
January 22nd this year. The Department of Public Health is not getting the results they
are looking for with respect to flattening the curve. On Thursday March 191h Premier
Higgs declared a province -wide State of Emergency. The Liaison Officer is in direct
contact with the NBEMO Regional Coordinator who is our conduit to all provincial
departments and neighbouring communities. We are connected directly with our local
stakeholders SJ Energy, Port of Saint John, Saint John Airport, and local industry. Liaison
Officer M. Carr provided the following provincial updates: There were no new Covid-19
cases reported today in New Brunswick. There are now two assessment clinics operating
in Saint John organized by the Department of Health. Social Development is setting up
two overflow shelters to assist Outflow and Coverdale with their social distancing
compliance. A phone line is being activated today to report those who are not compliant
with the State of Emergency declaration. SJEMO and NBEMO are carefully monitoring
the New Brunswick River Watch and meeting accordingly. All information from the
province is being disseminated to SJEMO, our Senior Leadership Team, and the Public
Information Officer in this dynamic event.
Manager Strategic Communications and Public Affairs Lisa Caissie - Public Information
Officer Reporting to the IC, the Public Information Officer delivers reliable information
and official directives to the community. Good information is key to supporting our
community; it educates, lessens anxiety and may save lives. Communication strategy
over the past weeks focused on providing factual information with understanding and
empathy along with two main overarching priorities.
Priority 1: Communicate the verified, "what, why, how and when" for the transition
from a full municipal service delivery model to one that focuses exclusively on essential
services and those deemed highly desirable as identified by the City's Senior Leadership
Team and information provided from key agencies.
Priority 2: Support the timely dissemination of verified key messages, recommendations
and directives from Public Health Agencies at the provincial and federal level. The
Communication Team has been successful using existing online channels for
communication with the early development of a webpage "SaintJohn.ca/coronavirus"
for sharing reliable updates in one location in both official languages. City social media
channels are in use to share official updates and push visitors back to official sites for
additional information. On March 17th a press briefing was hosted by the City with the
Mayor, City Manager and SJEMO Director to announce the transition to an essential
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services model. The City issues news releases when updates are available, and continues
to assist with internal communication efforts led by the City's human resources team
from within the EOC.
Director Human Resources Stephanie Hossack - Operations Section Chief EOC
The Operations Section has assumed an important role in helping to sustain delivery of
essential services in our community and ensuring our employees receive the support
they require in delivering municipal services. The Operations Section, led by S. Hossack
and Deputy Operation Section Chief Jeff Hussey, has been organized into five functional
groups to achieve maximum mitigation.
1. Critical Infrastructure
2. Emergency City Services
3. Public Safety
4. Employee Support
The Critical Infrastructure Group, led by Kendall Mason, is working with teams in
Transportation and Environment Services, SJ Water, Engineering and Information
Technology with full support from every area and with minimal difficulty.
Emergency City Services, led by David Dobbelsteyn and Public Safety Services led by Jim
Fleming are fully deployed, including Saint John Fire, Police, Ambulance NB and Saint
John Transit. An important example of collaboration with our partners is the work of our
City's Emergency Social Services Group with the Provincial Department of Social
Development and the Canadian Red Cross to protect some of the most vulnerable
members of our community. Recent developments include relocating Outflow, our
men's' shelter. Coverdale, our women's' shelter will be moved to Bayside Middle School
starting Wednesday evening. These facilities will be operated 24 hours a day, 7 days a
week.
Some general observations were provided:
1. Consistent with direction from the City Manager and the Declared State of
Emergency we have been working with management in service areas to enable
effective delivery of services at significantly reduced levels of staffing, therefore
minimizing risk to our people while continuing to serve our citizens.
2. With the safety and wellbeing of our employees in mind we have united the
efforts of our Employee Support Group led by Amy Poffenroth with those of
Command Staff including SJEMO Safety Officer Loral McEwan-Wills and the
Public Information Officer Lisa Caissie.
We have built a safety management system over the years to fully operationalize our
values at the front line. In order to maximize the effectiveness of our efforts to protect
employees protocols have been adapted such as a heightened emphasis for all
employees on the requirement on self-assessment and reporting; increasing the level
of personal protective equipment (PPE) provided to essential employees; ensuring that
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regular safety procedures and hazard identifications are being followed; and
reinforcement of advice from Public Health Authorities. The Business Continuity Team
led by Stephanie Rackley -Roach has been collecting data from across the organization
and conducting analysis to optimize service delivery, manage risk, and channel
resources where they are most needed and to achieve sound sustainable business
outcomes. Key City services will be accessed as the situation progresses and certain
services may be brought online if it is safe to do so. The entire Senior Leadership Team
is supporting these efforts.
Fire Chief K. Clifford — Incident Commander (IC)
The IC thanked the IC Team for their work during the early stages of the crisis. We have
spent the past five years building a process and team of people that will best lead our
City through any crisis. It is conceivable that this particular crisis will last months. Our
Municipal Team will need to be supported. They will need to endure; they will need to
be strong, resilient and spirited as we work one day at a time not knowing what the
conclusion of the crisis will be or when it will come. This is uncharted territory for all of
us.
City Manager
The City Manager provided additional points from his perspective. In addition to the
coordination and discussion at the IOC, the following are also occurring:
• The Province and all City Managers meet almost daily by teleconference to discuss
issues of mutual concern and to map a path forward.
• All municipalities in the province are aligned following the lead of the Chief
Medical Officer of Health and the recommendations from that bureau.
• Since the State of Emergency was declared by the Province there has been
relatively good adherence to the directives within that declaration. The Province
currently estimates that there is approximately 94% compliance. The Province
would wish to have 100% compliance. One of the tools put in place is a Toll free #
for clarification on the directive and to report individuals not conforming to the
directives within the State of Emergency.
• Parks and walking trails — The Chief Medical Officer of Health emphasizes that
those using parks and trails must practice social distancing and to not touch
publicly accessed surfaces
• On direction of the Chief Medical Officer the use of taxis has not been curtailed.
• The Premier has stated that all options are on the table going forward, fines for
violating the declaration may be an option.
• Provincial borders not closed.
• International border with USA is closed.
• Last week the City went from a full service model to an essential services model.
• We will aim to reintroduce key services of benefit to the community, for example,
permitting is not an essential service but it is a requirement; building inspections
are a requirement. Staff is examining ways that these and other services of benefit
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to the community will be reintroduced once the recommendations of the Chief
Medical Officer of Health are satisfied.
• The City's webpage on Covid-19 provides community direction. It does not repeat
provincial information.
• The Provincial website provides essential information and should be followed.
• The spring freshet (NB River Watch) is being monitored and the issues of potential
flooding in the region. At this point in time there is no update. We are mindful of
what has happened the past 2 years.
Moved by Deputy Mayor McAlary, seconded by Councillor MacKenzie:
RESOLVED that the Covid-19 Operational Update be received for information with
thanks on the excellent, thorough report.
MOTION CARRIED.
13. Committee Reports
14. Consideration of Issues Separated from Consent Agenda
15. General Correspondence
15.1 ME Carpenter Letter: Discover Saint John (Recommendation: Receive for
Information)
Moved by Councillor Merrithew, seconded by Deputy Mayor McAlary:
RESOLVED that the M.E. Carpenter letter regarding Discover Saint John be received for
information.
MOTION CARRIED.
15.2 K. Savoie Letter: Parking Regulations on Lower West Side (Recommendation:
Refer to City Manager)
Moved by Councillor Merrithew, seconded by Councillor Reardon:
RESOLVED that the K. Savoie letter regarding Parking Regulations on the Lower West
Side be referred to the City Manager.
MOTION CARRIED.
15.3 Sculpture Saint John 2020 - Request to Present (Recommendation: Refer to
the Clerk to schedule)
Moved by Councillor Norton, seconded by Councillor Reardon:
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March 23, 2020 / le 23 mars 2020
RESOLVED that the Sculpture Saint John 2020 Request to Present be referred to the
Clerk to schedule.
MOTION CARRIED.
15.4 C. Osborne Letter: Code of Conduct Complaint
Moved by Councillor Merrithew, seconded by Deputy Mayor McAlary:
RESOLVED that the C. Osborne Letter regarding a Code of Conduct complaint be
received for information and that the Clerk maintain a file on the Code of Conduct
Complaints for review.
IL 10000011GY1:k]k]11191
15.5 D. James Letter: Code of Conduct Complaint
Moved by Councillor Merrithew, seconded by Deputy Mayor McAlary:
RESOLVED that the D. James Letter regarding a Code of Conduct complaint be received
for information and that the Clerk maintain a file on the Code of Conduct Complaints for
review.
MOTION CARRIED.
16. Supplemental Agenda
17. Committee of the Whole
17.1 Fundy Quay Option to Lease Agreement
Moved by Deputy Mayor McAlary, seconded by Councillor Reardon:
RESOLVED that as recommended by the Committee of the Whole having met on March
23, 2020 Common Council adopt the following:
That the City of Saint John amend section 2.2(b) of the Option Agreement between the
City and Fundy Quay Developments Inc. to replace "within (3) months of their execution
of this agreement" with "on or before May 29, 2020", and that the Mayor and Common
Clerk be authorized to execute an amending agreement in this respect.
MOTION CARRIED.
17.2 Saint John Water — Bill Payment Information
Moved by Deputy Mayor McAlary, seconded by Councillor Reardon:
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RESOLVED that as recommended by the Committee of the Whole having met on March
23, 2020 Common Council approves that the report entitled M&C # 2020-89 Saint John
Water Bill Payer Information is to be shared with Council and water and sewer
ratepayers (our citizens and businesses) the actions being taken and the options
available to ratepayers during this period of uncertainty that we are in due to COVID-19,
the coronavirus. It is recognized that this virus will cause financial hardship on many
residents and businesses in Saint John and for this reason Saint John Water wishes to
highlight the actions taken and options available to valued ratepayers.
IL [0000114L1:]:]11191
17.3 Suspension of Seasonal Licence at Stewart Hurley Arena for Year 2020
Moved by Deputy Mayor McAlary, seconded by Councillor Reardon:
RESOLVED that as recommended by the Committee of the Whole having met on March
23, 2020, Common Council adopt the recommendation in the report entitled M&C #
2020-86 Suspension of Seasonal Licence at Stewart Hurley Arena for Year 2020, namely
the amendment to its licence agreement with 707990 N.B. Ltd., which was approved at
its meeting of January 27, 2020 (M&C 2020-28), the effect of which will be to postpone
the commencement of the term of the licence agreement respecting the Stewart Hurley
Arena until such time that the Province permits a resumption in the use of arenas in
light of the COVID19 pandemic, and that the Mayor and Common Clerk be authorized to
execute the amendment in the submitted form.
MOTION CARRIED.
Councillor Norton and City Solicitor J. Nugent withdrew from the meeting by
disconnecting from the conference call.
17.4 South Bay Wellfield Sustainable Yield — Commencement of Action Against BGC
EnRineerina Inc. and Peer Reviewers
Moved by Deputy Mayor McAlary, seconded by Councillor Reardon:
RESOLVED that as recommended by the Committee of the Whole having met on March
23, 2020, Common Council adopt the following:
1. That the City commence formal legal proceedings in the New Brunswick Court of
Queen's Bench against BGC Engineering Inc., Matt Alexander of Fundy
Engineering and Ken Howard, and further;
2. That the July 8th, 2019 resolution of Council pertaining to Torys' retainer for
legal services required in relation to the West Wells as amended on December
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16, 2019, be further amended as follows to reflect the legal costs associated with
pursuing formal legal proceedings in the Court of Queen's Bench:
a. The words "not to exceed $365,000.00 plus HST and disbursements"
are deleted and replaced with "not to exceed $765,000 plus HST and
disbursements."
MOTION CARRIED.
18. Adjournment
Moved by Councillor Sullivan, seconded by Councillor Reardon:
RESOLVED that the meeting of Common Council held on March 23, 2020 be adjourned.
MOTION CARRIED.
The Mayor declared the meeting adjourned at 8:47 p.m.
18
WA
COUNCIL REPORT
M&C No.
2020-078
Report Date
March 11, 2020
Meeting Date
April 06, 2020
Service Area
Transportation and
Environment Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT. Contract No. 2019-06: Germain Street (St. James Street to Queen
Street) — Storm Sewer Installation
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner/Dept. Head
City Manager
Joel Landers
Michael Hugenholtz/Brian
Keenan
John Collin
RECOMMENDATION
It is recommended that Contract No. 2019-06: Germain Street (St. James Street to
Queen Street) — Storm Sewer Installation be awarded to the low Tenderer,
Galbraith Construction Ltd., at the tendered price of $ 197,577.48 (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 2019-06:
Germain Street (St. James Street to Queen Street) — Storm Sewer Installation to
the low Tenderer.
PREVIOUS RESOLUTION
July 30, 2018; 2019 General Fund Capital Program approved
W
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REPORT
BACKGROUND
The approved 2019 General Fund Capital Program includes a project on Germain
Street for the installation of 95 m of 300 mm and 60 m of 375 mm storm sewer to
separate flows on Germain Street between St. James Street and Queen Street.
TENDER RESULTS
Tenders closed on March 11, 2020 with the following results, including HST:
1. Galbraith Construction Ltd., Saint John, NB
$ 197,577.48
2. Midi Construction Ltd., Saint John, NB
$ 219,770.75
3. TerraEx Inc., Saint John, NB
$ 251,436.00
4. Fairville Construction Ltd., Saint John, NB
$ 258,625.80
5. Maguire Excavating Ltd., Saint John, NB
$ 304,062.88
The Engineer's estimate for the work was $221,896.53 including HST.
ANALYSIS
The tenders were reviewed by staff and were found to be formal in all respects
with the exception of the tender from Midi Construction Ltd.. which contained a
conflict between the written and numerical bid prices that required correction in
accordance with specification article 2.11 (u) (ii). The corrected tender result is
indicated above.
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 2019 General Fund Capital
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 $ 162,000
Project net cost $ 179,200
Variance (Shortfall) $ 17,200
The projected budget shortfall can be managed within the overall General Fund
Capital Program envelope.
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-3-
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The recommendation in this report is made in accordance with the provisions of
Council's policy for the tendering of construction contracts, the City's General
Specifications and the specific project specifications.
STRATEGIC ALIGNMENT
This report aligns with Council's Priority for Valued Service Delivery, specifically
as it relates to investing in sustainable City services and municipal infrastructure.
SERVICE AND FINANCIAL OUTCOMES
The project will separate the combined Storm water and Sanitary flows on
Germain Street between St. James Street and Queen Street.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
N/a
ATTACHMENTS
N/a
OR
COUNCIL REPORT
M&C No.
2020-91
Report Date
March 27, 2020
Meeting Date
April 06, 2020
Service Area
Transportation and
Environment Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: Acadian Games MOU Amendment
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Authors
Commissioner/Dept. HeadCity
Manager
Amy McLennan /
Tim O'Reilly
Michael Hugenholtz
John Collin
RECOMMENDATION
The City Manager recommends that Common Council authorize the Mayor and
Common Clerk to sign the amended Memorandum of Understanding attached to
M&C 2020-91, relating to the postponement of the Acadian Games until 2021.
EXECUTIVE SUMMARY
The City of Saint John, in partnership with the Town of Quispamsis, was
scheduled to host the Acadian Games in 2020. Due to the COVID-19 pandemic,
the Acadian Games Society made the decision to postpone the Games until
2021.
In order to confirm its endorsement of this postponement and its continued
participation in 2021, the City would need to sign the attached amended
Memorandum of Understanding. It should be noted that this does not entail any
additional financial commitment from the City of Saint John; the payments
agreed to in the original Memorandum of Understanding have been disbursed.
PREVIOUS RESOLUTIONS
On January 29, 2018, it was resolved that Common Council authorize the Mayor
and Common Clerk to sign the Memorandum of Understanding attached to M&C
2018-22 — 2020 Acadian Games MOU; and commit $19,750 in each of the 2019
and 2020 General Fund Operating Budgets toward the 2020 Acadian Games to
align with terms of said Memorandum of Understanding.
41.1
-2 -
REPORT
The Acadian Games started in 1971. Saint John hosted these Games in 1996 and
2010. The four-day event would be anticipated to draw approximately 1,000
athletes, along with their families, from the Atlantic Provinces; this would result
in a significant economic benefit for the region.
The Games include track and field, mountain biking, mini -handball, volleyball,
soccer, badminton, and ultimate Frisbee. A demonstration sport and cultural
competitions are also involved.
The City of Saint John, in partnership with the Town of Quispamsis, was
scheduled to host the Acadian Games in 2020 (June 24 -June 28). Due to the
COVID-19 pandemic, the Acadian Games Society made the decision to postpone
the Games until 2021 (June 30 -July 4). The Town of Quispamsis has already
committed to their continued involvement in the Games and have signed the
amended MOU.
STRATEGIC ALIGNMENT
Hosting the Acadian Games in 2021 aligns with Council's priority of a 'Vibrant,
Safe Community', by investing in culture and recreation experiences that create
a sense of community pride.
Partnering with the Town of Quispamsis on this event also supports a regional
approach to recreation.
SERVICE AND FINANCIAL OUTCOMES
The attached amended MOU references both defined costs to the City, as well as
opportunity and risk. The City contributed $39,500 toward the Games; 50% of
that contribution ($19,750) was budgeted in each of the 2019 and 2020 General
Fund Operating Budgets in order to distribute the contribution over two (2) fiscal
yea rs.
In terms of overall facility use, it is anticipated that the Emera turf field at
Shamrock Park will be used for soccer events and trails at Rockwood Park will be
used for mountain biking events. Costs associated with preparing the City's
facilities for the Games are expected to be low to nil and manageable within the
existing operating budget.
Costs associated with the AGM referenced in the MOU were incurred in 2019
and the Games Organizers have confirmed there would be no additional costs to
the City should an AGM take place in 2020 as well. Any remaining receptions are
scheduled to be held in Quispamsis, with associated costs covered by the Town
WA
of Quispamsis. Arrangements have also already been made for the
storing/repairing of benches to be used for the opening and closing ceremonies;
therefore, no costs are expected with regard to that item noted in the MOU.
The City would be responsible for a share of any operating deficits resulting from
the Games. It should be noted that City staff have been in regular attendance at
meetings of the organizing committee and have been kept apprised of the
financials. Only one (1) of the previous editions of the Acadian Games resulted
in a deficit and staff believes the risk of the Games incurring a deficit is very low.
Additionally, the commitment from the Town of Quispamsis reduced the City's
required investment; the partnership also mitigates deficit risk and profit sharing
opportunity, using a 79/21 split based on population.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
The amended Memorandum of Understanding was reviewed by the City
Solicitor.
ATTACHMENTS
Amended Memorandum of Understanding to Host the 4111 Acadian Games (Deux
de I'Acadie)
4.11
MEMORANDUM OF UNDERSTANDING
MEMORANDUM OF UNDERSTANDING MADE IN DUPICATE
BETWEEN: La Societe des Jeux de I'Acadie inc., a corporation duly incorporated under the laws of the
Province of New Brunswick, having its head office at 702 Principale Street, Suite 210,
Petit -Rocher, New Brunswick, hereafter referred to as "la Societe,"
of the first part
AND: The City of Saint John, a municipality duly incorporated under the laws of the Province of
New Brunswick, hereafter referred to as the "Host Municipality,"
of the second part.
AND: The Town of Quispamsis, a municipality duly incorporated under the laws of the Province of
New Brunswick, hereafter referred to as the "Host Municipality,"
of the third part.
AND: L'Association Regionale de la Communaute francophone de Saint-Jean inc, duly
incorporated under the laws of the Province of New Brunswick, having its head office at
715 Priestman Street, Fredericton, New Brunswick, hereafter referred to as the "ARCf,"
of the fourth part.
Whereas the Host Municipality has met the requirements of the Societe and has been retained to organize
the 41 th Finals of the 2020 2!021 Jeux de I'Acadie (hereafter known as "Les Jeux"),
For and in consideration of the mutual covenants set out herein, the above-mentioned parties agree as
follows:
THE MUNICIPALITIES
1) The Host Municipalities agree to sign a memorandum of understanding with the ARCf and the
Organizing Committee clearly establishing the responsibilities of the latter;
4) The Host Municipalities recognizes that signage and running of events for the organization and
holding of Les, Jeux will be in French;
3) The Host Municipality agrees to offer, free of charge, a light snack to participants in the Societe's
2$19 2020 annual general meeting if this meeting should be held in their municipality;
4) The Host Municipality agrees to hold a reception for dignitaries after every opening and closing
ceremony of Les Jeux if this reception should be held in their municipality;
5) The Host Municipalites agrees to make the required sports facilities under its control available to
ARCf and its Organizing Committee and to provide for their maintenance;
CIVIL LIABILITY (MUNICIPALITIES)
6) The Host Municipalities agrees to contribute before June 2029, 2021 a minimum of 10% of the
operating budget for Les Jeux, (Saint John 39 500$ and Quispamsis 10 000$)
Wel
FINANCIAL OPERATIONS AND FUNDING
ARCF AND THE ORGANIZING COMMITTEE AGREES AS FOLLOWS:
17) To submit the proposed operating budget for Les Jeux to the Host Municipality and the Societe for
approval on or before August 1, 2019; "i!!I020
18) To submit any and all modifications to the operating budget to the Host Municipalities and the
Societe for approval;
19) To participate actively on the joint committee responsible for managing the sponsorship policy of
Les Jeux de I'Acadie. This committee is made up of members of the Societe and the ARCf and the
Organizing Committee;
20) To cooperate with the Societe in the delivery of services related to the sponsorship of the 2920
2021 Finals of Les Jeux de I'Acadie;
21) To submit any funding projects for the approval of the Societe on or before August 1, 204-9, 2021'
and prior to their execution;
22) Not to organize and hold a fundraising campaign prior to the 2019 Finals of Les Jeux de I'Acadie
without the prior authorization of the Societe;.
23) To submit for the approval of the Societe any applications to the governments of New Brunswick
and Canada for financial assistance, whether in the form of grants, loans, projects, or other;
24) To submit for the approval of the Societe any admission fees for events related to the organization
and holding of Les Jeux;
25) To pay, subject to these presents, all expenses related to the organization and holding of Les Jeux;
26) To submit for the approval of the Societe prior to its execution, any written or verbal agreement
between the Host Municipalities and/or the Organizing Committee and any sponsor, service
provider or other; such agreement shall comply with the sponsorship policy of Les Jeux de I'Acadie.
ARCf and its Organizing Committee agrees that if there is no written agreement, the content of
the verbal agreement shall be conveyed to the Societe in writing;
THE SOCIETE AGREES AS FOLLOWS:
27) To allocate a grant to ARCf and the Organizing Committee corresponding to a total amount of
$20,000;
a) The grant will be allocated as follows:
i) A first payment of 25% of the total amount by May 15 of the year of Les Jeux;
ii) A second payment of 25% of the total amount by June 1 of the year of Les Jeux
iii) A third payment of 25% of the total amount by July 15 of the year of Les Jeux;
iv) A fourth payment of 25% of the total amount within thirty (30) days -of the adoption
of the final report of Les Jeux and the audited financial statements thereof;
b) The total amount of financial assistance shall be used only for the organization and
administration of Les Jeux under the following budget items: athlete services, administrative
services, protocol, promotion and publicity, sports programming, funding, volunteers, and
general services;
c) Should ARCf and the Organizing Committee accumulate a surplus exceeding $10,000, it
will not receive the fourth payment of 25% of the total amount of $20,000 granted by the
Societe;
091
41) To provide the facilities required to hold sports competitions and for the cultural component
according to the standards set out by the Soci6t6; facilities will be subject to the approval of the
Soci6t6;
42) To provide any other space or site for the smooth operation of Les Jeux as set out in the "Guide
de la mesure et Evaluation du processus de s6lection de la municipalit6 hotesse de la Finale des
Jeux de I'Acadie"; such spaces and sites will be subject to the approval of the Soci6t6;
43) To provide the Soci6t6 with the minutes of all meetings within seven (7) days of the meetings;
44) To present a detailed report on the status of the organization of Les Jeux to the Soci6t6 at meetings
held by the Soci6t6's Board of Directors;
45) To submit to the Soci6t6 for approval by March 1, 2019, the choice of the sport in the active living
component according to the terms and conditions established by the Soci6t6;
46) To submit to the Soci6t6 for approval by March 1, 2019, the choice of the second artistic discipline
in the cultural component according to the terms and conditions established by the Soci6t6;
THE HOST MUNICIPALITY AGREES AS FOLLOWS:
47) To procure the equipment, materials, and athletes' benches from the previous host municipality,
repair them at its expense if necessary, and use and pass them on to the next host municipality.
The equipment, materials, and athletes' benches shall remain the property of the SOCIETE by
virtue of a gift by COFJA 2010 in Saint John (the Saint John 2010 organizing committee) at the
SOCIETE's 2010 AGM. The Host Municipalities are responsible to pay for the transportation of
the equipment, materials, and athletes' benches received from the previous host municipality, to
pay for any repairs for damage to the equipment, materials and athletes' benches which
occurred during transportation and to make the equipment, materials and athletes' benches
available to the next Host Municipality.
THE SOCIETE AGREES AS FOLLOWS:
48) To convey to the Organizing Committee at least thirty (30) months prior to the holding of Les Jeux
the information concerning the necessary sports and cultural facilities;
49) To provide the official forms for compilation of the sports results at least thirty (30) days prior to
the beginning of Les Jeux;
50) To provide the Organizing Committee at least thirty (30) months prior to the holding of Les Jeux
with information concerning:
a) The rules for sports competitions and sports equipment;
b) The regulations of the cultural component and of material needs;
c) Medical services to be made available to the athletes;
d) Use of sponsorships;
e) Protocol policies;
F) Organization and general operations of the Organizing Committee (Guide d'organisation);
g) Requirements for the Prix de I'amiti6 (friendship award);
h) Requirements for the Prix de I'am6lioration (improvement award);
i) Requirements for the sportsmanship banners;
j) Requirements for the medals ceremony;
k) Requirements for writing the final report on Les Jeux;
PUBLICITY AND PROMOTION
31
In witness whereof, the Societe has affixed its seal and the signature of its duly authorized officer hereto
this 28th day of March 2018.
Per :
Gu -L� aine Le ace, Presidente
La Societe des Jeux de I'Acadie Inc.
In witness whereof, the Host Municipality of Saint John has affixed its seal and signature of its duly authorized
directors this 28th day of March 2018.
Per:
Per:
Don Darling
Mayor
Saint John Nouveau -Brunswick
'witness
Saint John Nouveau -Brunswick
In witness whereof, the Host Municipality of Quispamsis has affixed its seal and signature of its duly
authorized directors this 28th day of March 2018.
Per:, ,.
--m
aty"Clark
Mayor
Quispamsis Nouveau -Brunswick
Per: ..,
pliUldNNH��IsiH °�t�iitness
SOP PA�,js, �Quispamsis Nouveau -Brunswick
r 1898
a
WA
In witness whereof, ARCf has affixed its seal and signature of its duly authorized directors this 28th day of
March 2018.
Per:
Per:
Nathalie Justason
Presidente ARV
Saint John Nouveau -Brunswick
Witness
Saint John Nouveau -Brunswick
091
COUNCIL REPORT
M&C No.
2020-93
Report Date
March 27, 2020
Meeting Date
April 06, 2020
Service Area
Finance and
Administrative Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: City of Saint John FCM Federation of Canadian Municipalities (FCM)
Sustainable Communities Awards
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Authors
Commissioner/Dept. Head
City Manager
Samir Yammine/
Nancy Moar
Kevin Fudge
John Collin
RECOMMENDATION
That Saint John Common Council support the applications for the following FCM 2020
Sustainable Communities Award categories: Climate Change, Asset Management, and
Visionary awards. Upon accepting the recommendation, the Mayor will sign the letter of
support to accompany these applications on behalf of Council.
EXECUTIVE SUMMARY
The City of Saint John is a member of FCM, the national voice of municipal government
since 1901. Members include more than 2,000 municipalities of all sizes, from Canada's
cities and rural communities, to northern communities and 20 provincial and territorial
municipal associations. Together, they represent more than 90 percent of all Canadians
from coast to coast to coast. Municipal leaders from across Canada assemble each year
to set FCM policy on key issues.
Since 2001, the Federation of Canadian Municipalities (FCM) Sustainable Communities
Awards have celebrated the most innovative environmental initiatives in Canadian cities
and communities of all sizes and 20 years of administering funding under the Green
Municipal Fund.
The City will be submitting applications in the following FCM 2020 Sustainable
Communities Award categories: Climate Change; Asset Management; and Visionary
awards. A requirement of the submission is endorsement from Common Council.
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REPORT
Since 2001, the FCM awards have celebrated environmental initiatives and sustainability
trailblazers in municipalities across Canada.
These awards showcase outstanding and innovative municipal projects and honour
sustainability projects that demonstrate environmental responsibility and excellence,
and take an integrated approach to yielding social and economic benefits for their
communities.
The winning projects leverage current and advanced technologies as well as best
practices in the area of environment and sustainability, and can be replicated and scaled
up across Canada to achieve national quality -of -life, sustainability and climate goals. The
awards honour the most innovative sustainability and environmental initiatives in nine
categories.
The City will submit projects in three categories: Climate Change; Asset Management;
and Visionary awards. All entries will be eligible for a special "Inspire" award.
The City has received numerous funding opportunities from the FCM and in 2008 was
the winner of an FCM Award for the Municipal Energy Efficiency Program.
The applications will be submitted via an online form. The original date for submission
was March 31. The FCM has extended the deadline to April 30, 2020.
STRATEGIC ALIGNMENT
This initiative supports Council's Priorities (Valued Service Delivery and Fiscally
Responsible).
SERVICE AND FINANCIAL OUTCOMES
City staff are preparing the applications. In the event that an application is chosen as a
winner, the FCM is offering to cover the cost of registration and certain travel -related
costs to the Sustainable Communities Conference, October 20-22, 2020, in St. John's,
NL.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
This report has been prepared with input from Asset Management and
Communications.
ATTACHMENTS
1. Letter of Support from Mayor Darling and Saint John Common Council
W
-3-
The City of Saint John
Mayor Don Darling
Mayor's Office ( Bureau de maire
April 6, 2020
To the Federation of Canadian Municipalities (FCM) Awards Committee:
At its meeting of April 6, 2020, Common Council passed the following
recommendation:
That Saint John Common Council support the applications for the following
FCM 2020 Sustainable Communities Award categories: Climate Change; Asset
Management; and Visionary awards. Upon accepting the recommendation, the
Mayor will sign the letter of support to accompany these applications on behalf
of Council.
I understand that all submissions will be considered for the FCM "Inspire" Award.
I am pleased to submit this letter on behalf of Saint John Common Council in
support of the City's three applications for the FCM 2020 Sustainable
Communities Award.
On behalf of Common Council and our community, I thank you for this
opportunity.
Sincerely,
Mayor Don Darling
City of Saint John
P.O. Box 1971, Saint John, NB ( C.P. 1971 Saint John, N. -B.
Canada E21-41-1
www.saintjohn.ca
01.1
COUNCIL REPORT
M&C No.
2020-81
Report Date
March 12, 2020
Meeting Date
April 06, 2020
Service Area
Saint John Water
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: Contract 2020-08: Gault Road Water Main Extension
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner/Dept. Head
City Manager
Susan Steven -Power
Brent McGovern/
Brian Keenan
John Collin
RECOMMENDATION
It is recommended that Contract No. 2020-08: Gault Road Water Main Extension
be awarded to the low Tenderer, Galbraith Construction Ltd., at the tendered
price of $677,773.49 (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
Premier Blaine Higgs has stated that construction activities shall continue and are
not prohibited under the declaration of the State of Emergency in response to the
COVID-19 pandemic. He has instructed, however, that the construction industry
must work safely and follow measures as recommended by the Chief Medical
Officer of Health.
The purpose of this report is to recommend that Council award Contract 2020-08:
Gault Road Water Main Extension to the low Tenderer.
This report shall also inform Council of an Information Notice (attached) that will
be delivered to the residents in the project area.
PREVIOUS RESOLUTION
August 19, 2019; 2020 Water & Sewerage Utility Fund Capital Program approved
Kul
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REPORT
BACKGROUND
The approved 2020 Water and Sewerage Utility Fund Capital Program included
funding for the installation of a new water main extending from 289 Gault Road
to 480 Gault Road. This project is necessary to connect two dead end sections of
water main and improve the reliability of the water distribution system in this
area. This work will include the installation of pipe, valves and water services
within the street right-of-way. Asphalt, topsoil, sod and curb will be reinstated as
required.
TENDER RESULTS
Tenders closed on March 10, 2020 with the following results, including HST:
1. Galbraith Construction Ltd., Saint John, NB $ 677,773.49
2. Fairville Construction Ltd., Saint John, NB $ 774,270.85
3. TerraEx Inc., Saint John, NB $ 876,927.90
4. Dexter Construction Company Limited,
Saint John, NB $ 880,900.00
5. Maguire Excavating Ltd., Saint John, NB $ 899,601.88
The Engineer's estimate for the work was $924,698.90, including HST.
/_101FAW01161
The tenders were reviewed by staff and all were found to be formal in all respects.
The tender from TerraEx Inc. contained an arithmetic error that required
correction in accordance with specification article 2.11 (u) (i). The corrected
tender result is indicated above. 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 2020 Water and Sewerage
Utility Fund Capital 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
Project net cost
Variance (Surplus)
M-11
$ 950,000.00
$ 730,371.45
$ 219,628.55
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Igo] 114V=II1►19711 ilk] 1►[eto] a0]0RII: e141 M 011150]►1111ATTO V
The recommendation in this report is made in accordance with the provisions of
Council's policy for the tendering of construction contracts, the City's General
Specifications and the specific project specifications.
STRATEGIC ALIGNMENT
This report aligns with Council's Priority for Valued Service Delivery, specifically as
it relates to investing in sustainable City services and municipal infrastructure.
SERVICE AND FINANCIAL OUTCOMES
This project is necessary to connect two dead end sections of water main and
improve the reliability of the water distribution system in this area.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
N/A
ATTACHMENTS
Gault Road Water Main Extension — Notice to Property Owners
061
GAULT ROAD WATER MAIN EXTENSION
NOTICE TO PROPERTY OWNERS
April 6, 2020
During the spring and summer of 2020, the City of Saint John, through its contractor, Galbraith Construction
Ltd., will be installing a water main from 289 Gault Road to 480 Gault Road. This project is necessary to
connect two dead end sections of water main and improve the reliability of the water distribution system in
this area. Construction work will include the installation of a pipe, valves and water services within the street
right-of-way. Asphalt, topsoil, sod and the curb will be reinstated as required.
Traffic and Service Interruptions
The Gault Road Water Main Extension Project is tentatively scheduled to begin on April 20, 2020 with an
anticipated completion date at the end of July, 2020 (weather and other conditions permitting). A minimum
of one lane of traffic will be maintained on Gault Road during the construction and residents will have access
to their properties as the work progresses. Safe passage for pedestrians will also be maintained during
construction. Although there will be water interruptions and delays in traffic, it is our intent to keep these
inconveniences to a minimum. Citizens are encouraged to discuss any safety concerns with the City's or
Contractor's site representatives.
Required Water Service Connection for Property Owners
Upon completion of this project, water services will be installed to the property line of each property where a
building stands. Under the Local Governance Act and By -Law Number M-16: A By -Law Respecting Water and
Sewerage, property owners not currently connected to a City water main must connect to the new
municipal water main. (Non-compliant property owners will be charged the annual unconnected water rates
if there is no connection to the water main.)
Property owners are responsible for all initial water service installation and connection costs on the private
side of the property line in accordance with the Water and Sewerage By -Law. Please read the attached
Directions for Connecting to the Municipal Water System for detailed steps.
The Gault Road Water Main Extension Project is part of the City's ongoing commitment to continually improve
its infrastructure as part of the 2020 City of Saint John Water & Sewerage Utility Fund Capital Program.
For further information about this project, please contact Susan Steven -Power, P.Eng. at the City of Saint
John by calling (506) 632-6899 or by email at susan.steven-power@saintjohn.ca.
_:1191
Guidance for Connecting to the Municipal Water System
The following steps must be completed in order to connect to the Municipal Water System:
1. Hire a contractor to install a water service from your house to the public service at your property line.
You may contact Galbraith Construction Ltd., the contractor who is completing the work in the street right-of-way for
the City, or you may hire your own contractor. Regardless of who you choose to hire, work on your private property is
between you and the contractor; the City of Saint John will not be involved in the negotiations for this work.
Gault Road)
Water Service Pipe On Homeowner's Property
Waterline on
City Property
City's Responsibility I Homeowner's Responsibility
2. Obtain a Water and Sewerage permit.
Prior to installing a new private water service, you or your contractor must obtain a permit from the City's One Stop
Development Shop. The City will be required to inspect the private water service prior to the pipe being backfilled.
There will be a $100 fee for the connection permit and inspection. The water valve at the property line will be left in the
"off" position. You can contact the One Stop Development Shop by calling (506) 658-2911 or emailing
onestop@saintjohn.ca.
3. Disconnect your existing well.
You must disconnect from your private well and properly decommission your well in accordance with "The Water Well
Regulation — Clean Water Act (90-79), Section 27". The Province of New Brunswick provides a "Guidelines for
decommissioning (abandonment) of Water Wells" document available online at www.gnb.ca.
4. Schedule an inspection with the City of Saint John's Plumbing Inspector.
Before Saint John Water will turn on the water at the property line, they must hear from the City's Plumbing Inspector.
Any plumbing changes will require a plumbing permit through your plumbing contractor. The property owner must get
the City Plumbing Inspector to approve any plumbing changes in the home. Call (506) 658-4569 to arrange for the
inspection.
5. Call Saint John Water to turn on your water.
Once you have installed everything and have had it approved, you can call Saint John Water at (506) 658-4455 to turn on
your water. This is a free service.
Financial assistance is available to property owners in accordance with City of Saint John policy. Please see the
attachment for details.
!II
Financial Assistance Program for Water Service Connection
Financial assistance in the form of a rebate is available to property owners in accordance with City of Saint John policy.
The total eligible amount is based on the following formula:
[Annual Combined W&S Rate]
x [0.25]
$1,428.00
x 0.25
x [Distance in metres from the building to the street right-of-way] (varies) x 10 metres
Total amount of financial assistance
Who is eligible for the financial assistance?
$ 3,570.00
Any existing property owner who is given notice by the Commissioner of Saint John Water to connect to newly installed
municipal water services is eligible.
When can I apply for the financial assistance rebate? What do I need to submit?
[Details to be included in final notice]
:1
COUNCIL REPORT
M&C No.
2020-87
Report Date
April 01, 2020
Meeting Date
April 06, 2020
Service Area
Corporate Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: Microsoft Business and Services Agreement —Annual Update
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner/Dept. HeadCity
Manager
Sarah Ranson
Stephanie Rackley -Roach
John Collin
RECOMMENDATION
The City Manager recommends that:
The Mayor and Common Clerk be authorized to execute the necessary
documents to complete the annual Enterprise Update Statement process for
Year 3 in accordance with the terms of the Microsoft Business and Services
Agreement signed on May 15, 2017 in M&C No. 2017-129.
EXECUTIVE SUMMARY
In 2017, the City entered into a three (3) year Business and Services Agreement
with Microsoft for Software Assurance. Software Assurance is a collection of
benefits included with Microsoft products such as free software upgrades, e -
training, and backup recovery. For each year of the agreement, the City is
required to complete an Enterprise Update Statement. This process essentially
accounts for any new licenses that have been added during the year. Enterprise
Update Statements for the final year, Year 3, is required.
PREVIOUS RESOLUTIONS
November 18, 2019: 5.2 That as recommended by the City Manager in the
submitted report M&C 2019-308: Microsoft Business and Services Agreement —
Annual Update Statements, the Mayor and Common Clerk be authorized to
execute the necessary documents to complete the annual Enterprise Update
Statements process for Year 1 and Year 2 in accordance with the terms of the
Microsoft Business and Services Agreement signed on May 15, 2017 in M&C No.
2017-129.
!i93
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May 15, 2017: 5:12: RESOLVED that as recommended by the City manager in the
submitted report M&C 2017-129: Microsoft Business and Services Agreement,
the city enter into a three (3) year term Enterprise Enrollment Agreement with
Microsoft Corporation for Volume Licensing renewal of Microsoft's Software as
outlined in the form attached to M&C 2017-129.
REPORT
Microsoft software products are used by over one thousand (1000) users,
including employees of the City of Saint John and our agencies, boards, and
commissions. Products include:
• Operating Systems (OS) for desktop computers, laptops, and tablets
• Microsoft Office Suite (Word, Excel, PowerPoint, Outlook, etc.)
• Operating Systems for application servers
• Application software for servers (e.g., email — Exchange, internal web site
service — SharePoint, databases — SQL)
Microsoft software powers and enables City communication systems
(saintjohn.ca, email), financial systems, protective services (911 dispatch, Police
records, Fire Resource Management), road maintenance tracking, Saint John
Water Utility infrastructure monitoring and design, property planning, and
Council agendas.
Software Assurance is a comprehensive volume -licensing program that includes
a range of software and service benefits. Software Assurance provides the City
with 24x7 technical support, deployment planning services, end-user and
technical e -training, exclusive technologies and rights, backup disaster recovery
rights, as well as the latest Microsoft software version releases. Software
Assurance allows the City's Information Technology administrators to ensure
that these enabling technologies remain secure, up to date, and operational
while remaining fiscally responsible.
The agreement with Microsoft also provides the flexibility to grow without the
need to purchase incremental licenses every time they are required. Once a
year, the City is required to align the agreement with the total number of
licenses that may have been added in the previous twelve (12) months. This
true -up process involves an inventory of all the qualified computers, users, and
servers added over the course of the year, along with any additional product use
requiring a license from Microsoft.
STRATEGIC ALIGNMENT
The Microsoft operating system, Windows, and the Microsoft Office products
(Word, Excel, PowerPoint, Outlook, etc.) are integral to City operations. The
agreement signed in 2017 provides fiscal stability and enables strategic policies
!El!
and improvements. The Enterprise Update Statements are required in the terms
of this agreement.
SERVICE AND FINANCIAL OUTCOMES
The City has a zero true -up for year three of the agreement. This means that no
new licensing was required. The Information Technology team manages servers
and assets to control costs related to adding licences. With a zero true -up there
are no additional costs required for the remainder of the current Microsoft
Business and Services Agreement.
The Information Technology team has started the process of developing
requirements of the new agreement with Microsoft. There is an effort to ensure
the most cost-effective products are obtained by the City to better evolve with
changing technology requirements.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
The City's Legal team has advised on requirements for approval of the City's
Microsoft Business and Services Agreement — Annual Update Statement.
ATTACHMENTS
Microsoft Business and Services Agreement — Annual Update Statement (Year 3)
!1'7
Microsoft
Enterprise Update Statement
Enterprise Agreement Number 75E61130
Enrollment Number 7203748
Company Name The City of Saint John.
Volume Licensing
In accordance with the terms of entity's Enterprise Agreement and Enrollment, a true -up order must
be submitted for each Enrollment's anniversary (including at Enrollment expiration and prior to any
renewal) to account for License quantity increases for:
a. Qualified Desktops/Devices or Qualified Users
b. Online Services (where permitted)
c. Previously ordered Additional Products
d. Products included in the Server and Cloud Enrollment or Enrollment for Core
Infrastructure
e. Products included in the Enrollment for Application Platform. Products selected with the
three year true -up option must place the true -up order only upon enrollment expiration
and prior to renewal.
If entity has ordered any additional quantities since its last Enrollment anniversary, this annual true -up
order is still required. Entity must submit an Enterprise Update Statement for each anniversary when
there has been no increase in required License quantities as described above.
® In checking this box, entity confirms that under the above referenced Enrollment, there has been
no increase in the number of required Licenses not already ordered in a prior placed True Up
Orders. Entity understands that it is the responsibility of the entity to ensure that all licenses
installed are used according to the Enterprise Agreement and Enrollment referenced above.
Select applicable year for this Update statement: Year 3
Customer/Government Partner (as applicable)
Name
.. .. -
Name of Entity*
The City of Saint John.
Signature*
Printed Name*
Printed Title*
Signature Date*
03/23/2020
* indicates required fields
EAU nive rsal U pdateStatem ent(WW)(E N G)(J u1201 5) 46 Page 1 of 1
COUNCIL REPORT
M&C No.
2020-096
Report Date
April 1, 2020
Meeting Date
April 6, 2020
Service Area
Corporate Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT. Establishment of a Supply Agreement for VMware Products
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner/Dept. Head
City Manager
Sarah Ranson
Stephanie Rackley -Roach
John Collin
RECOMMENDATION
The City Manager recommends that the Mayor and Common Clerk authorize
staff to leverage the Province of New Brunswick's vendor supply agreement with
Onx for VMware licensing and product support for a period of three (3) years,
with three (3) one (1) year optional renewal periods, exercising the City's right
under the Public Procurement Act of the Province of New Brunswick.
EXECUTIVE SUMMARY
VMware product licensing is required to support the virtual infrastructure that
runs the City's information technology network. The City can leverage the
Province of New Brunswick's recently awarded supply agreement with Onx to
cost-effectively purchase the VMware products required for the City's network.
The estimated licensing costs to the City is approximately $70,000 for three (3)
yea rs.
PREVIOUS RESOLUTIONS
N/A
REPORT
The City manages over 230 virtual workstations and servers or virtual machines
(VM). Servers run the City's information technology network including access to
all the applications and data required to deliver public service. This would
include access to such applications and data related to e-mail, Microsoft
products, records management, geographical information systems, and the City's
website.
-2 -
Virtual infrastructure allows the City to use our hardware more efficiently.
VMware products are installed to allow multiple virtual machines to run on the
same physical server. Other benefits include increased infrastructure availability
and cost savings with reduced physical space.
The VMware licensing provides for required maintenance and support. This
allows the City to keep current with the latest technology. It also ensures the
expertise is available in a timely manner if issues arise.
The Province of New Brunswick recently awarded their contract for VMware
products with Onx on March 23, 2020. Under the Public Procurement Act of the
Province of New Brunswick, the City can leverage the provincial contract to enter
into a supply agreement with Onx.
STRATEGIC ALIGNMENT
The provincial agreement provides good value for the City of Saint John. In
leveraging the Province of New Brunswick's purchasing power and associated
supply agreements, the City is provided with more affordable licensing. This
approach to procurement aligns with Council's priority of being fiscally
responsible.
SERVICE AND FINANCIAL OUTCOMES
The City's Information Technology team has reviewed VMware product
requirements with the vendor. The estimated value is approximately $70,000
when converting costs into Canadian dollars and applying discounts. It is
anticipated that costs will increase by ten (10) to fifteen (15) percent after April
30, 2020. In order to take advantage of the lower costs, the City must issue a
purchase order before the end of April 2020. Funding is allocated in the 2020
approved operating budget to cover the costs of VMware licensing for the next
three (3) years. Future operating budgets will include any contract extensions.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
The City's Materials Management team was consulted in reviewing the provincial
agreement and support the recommendation.
ATTACHMENTS
N/A
!E:3
COUNCIL REPORT
M&C No.
2020-94
Report Date
April 03, 2020
Meeting Date
April 06, 2020
Service Area
Saint John Water
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: Contract 2019-14: Water Main Cleaning & Lining — Phase 16
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner/Dept. HeadCity
Manager
John Campbell
Brent McGovern /Brian
Keenan
John Collin
RECOMMENDATION
It is recommended that Contract No. 2019-14: Water Main Cleaning & Lining —
Phase 16 not be awarded to the Tenderer, Trenchless Solutions Inc., at their
tendered price of $1,413,551.25 (including HST) as calculated based upon
estimated quantities.
EXECUTIVE SUMMARY
The purpose of this report is to recommend that Council not proceed with award
of Contract 2019-14: Water Main Cleaning & Lining — Phase 16.
PREVIOUS RESOLUTIONS
July 30, 2018, (M&C 2018-220) 2019 Water & Sewerage Utility Fund Capital
Program Approved.
REPORT
BACKGROUND
The approved 2019 Water and Sewerage Utility Fund Capital Program includes
funding for cleaning and lining of existing unlined, cast-iron water mains to
improve pressure, water quality and fire flows. Each year since 2006, the City of
Saint John has carried out its program of cleaning and lining existing cast-iron
water mains. To date, more than 50km of water main have been cleaned and
lined.
!Loll
-2 -
TENDER RESULTS
Tenders closed on February 18, 2020 with the following results, including HST:
1. Trenchless Solutions Inc., Moncton, NB $ 1,413,551.25
The Engineer's estimate for the work was $1,131,161.85 including HST.
ANALYSIS
The tender was reviewed by staff and was found to be formal in all respects.
However, the tendered amount exceeds the Engineer's estimate by $282,389.40.
This represents a 25% increase over the Engineer's estimate which was prepared
using the historical unit rates for Water Main Cleaning & Lining contracts. Staff
attempted to negotiate with the Tenderer in accordance with Division 2.9.02
Over -Budget Bids of the City of Saint John General Specifications but was
unsuccessful in reaching an acceptable bid price reduction.
FINANCIAL IMPLICATIONS
The Contract includes work that was budgeted in the 2019 Water and Sewerage
Utility Fund Capital Program. Staff recommend that Contract 2019-14: Water
Main Cleaning & Lining — Phase 16 not be awarded in accordance with Division
2.11 Reserved Rights of the City of Saint John General Specfications. Assuming
the Contract is not awarded to the Tenderer it is proposed that the funding
remain in the Water and Sewerage Utility Fund Capital Program for reallocation
to other projects subject to approval by Council.
POLICY—TENDERING OF CONSTRUCTION CONTRACTS
The recommendation in this report is made in accordance with the provisions of
Council's policy for the tendering of construction contracts, the City's General
Specifications and the specific project specifications.
STRATEGIC ALIGNMENT
This report aligns with Council's Priority for Valued Service Delivery, specifically
as it relates to investing in sustainable City services and municipal infrastructure.
SERVICE AND FINANCIAL OUTCOMES
Saint John Water will evaluate proceeding with Water Main Cleaning & Lining
projects in the future through preparation of a cost benefit analysis in
comparison to traditional pipe replacement.
6119]
-3 -
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
City Solicitor's Office has reviewed this matter and the recommendation is
consistent with the City's General Specifications and its reserved rights as
expressly provided therein.
ATTACHMENTS
N/A
51
PROCLAMATION
WHEREAS: emergencies can occur at any time requiring police, fire or
emergency medical services; and
WHEREAS: when an emergency occurs, the prompt response of police
officers, firefighters and paramedics is critical to the
protection of life and preservation of property; and
WHEREAS: the safety of our police officers, firefighters and paramedics
is dependent upon the quality and accuracy of information
obtained from citizens contacting the Public Safety
Communications Centre; and
WHEREAS: the Public Safety Communications Centre is the first link to
citizens seeking emergency services; and
WHEREAS: every year during the second week of April, the
telecommunications personnel in the public safety
community are honored nationally; and
WHEREAS: April 12 - 18, 2020, is recognized as National Public Safety
Telecommunicators Week; and
WHEREAS: National Public Safety Telecommunicators Week is a time to
celebrate and thank the Public Safety Communications
Centre Operators for their compassion, understanding and
professionalism in their performance of duty serving the
public.
NOW THEREFORE: I, Mayor Don Darling, of Saint
John do hereby proclaim the week of April 12 to April 18, 2020, as "National
Public Safety Telecommunicators Week", in honour of the men and women
whose diligence and professionalism keep our city and citizens safe.
In witness whereof I have set my hand and affixed the official seal of the Mayor
of the City of Saint John.
61►
SAINr JOHN'mNsn' q)�
ApM 03 t 2020
the SaPA John hansit Comunission uimJeirstaimh dw role hat we phy 6 the cammuNty during this challenging time. Our
mission Is to provide stable, safe and rehable tranqportatJoirr for esseirrtia�i tiravO oirfly. We recognize that as an resdt of
safety prmadures that we have been forced to jpIeirneirrt that we have both nniteJ passeingeir capacity and no ongeir
have a mechanism to colledlares on our busesll ds has as dUNA impact on the Anandal health of our
organization. We undeirstand he balance required to pmvWe this esseirrtial and (:iritJ(:zd socizfli service whi�e eirrsuiring
that we am as 01clent as pd' ssiNe with our fiirrairrcia�i obhgatioirrs.
As as Commissiono we have as r,-flairii of action hot lankig tomorrow and through the following RR) days, YOHI
deliver as revised route p1wn hot would chs6y mirror as regular SatuKay sdadule, but w4h the ongdIng
monlohIng to adjust spedfic routes to ensure that we do not cause overcrowding or bottleirieck lssues. We
have some preliminary data tat would suggest some of our main routes are a�iready or at
capacity with the marent schelde, but feeder routes may be able to be optJlirnu�zed. Tihl s wHHI resuhnii a
reduuAn in headcount required to maklain as reduced seirVice. We WHHI be assu.uli1x71g he ayoff
notices, as required by our collective agreement, tomorrow Tuesday, April 711 for effective reductions 30 days
afterwards. Tihs WHHI aHow us to conqpWte more analysis on what routes are chtJlufl, as weHi as ciraft a
comprehensive camm,unication plan to ensue our riders are aware of he changes w6l Or advance of
I rin r-) I e rin e ri t as t I o Ir11.
In paraild, we are also continuing to Orvestigate akernative and sde options to r61nstate faires. We will be
responding to Rmvincial departmenis that have decided to puH bronsit pass Fnachases because they are under
the Unpression that transit is 'firee', it is Irnot. We s&qMy do not have as sde akernative to collect fares, and the
decision by as Provincial agency is uryust and increases the finandlall burden on he (Jty, our sde funding
pannIr. We are as Ip as of the CAlel ADAlel URBAN FIAlel SIT ASSOCIAPOlel (('L)1'A)road ho on Moiriday, Mairchi
30thi Irequ.nested additional finandali support from our FederikGoverriment to h6lr-) Ikee,-)
afloat during Wls bNe We are Iby no strench the My transit orgairiIIzatJ�oin facing hiriairidaIi hairdshlIIr~-) as as resuh�
of fare and passenger reductions, and we wKd support oingoing discussions at RmvOck! mid Federal levels
to obtain financial support
https://www.theglobeandmail.com/canada/article-canadian-transit-agencies-seek-more-than-l-billion-in-
emergency-funds/
We wanted to bring to Munch our appredadorvfor the ongoing support of hris &mJ esseirrtia�i service nr our City
and to reird'on:e that we recognize the added stain thatthis may ph(:e on bwJgets. We ako thought that it is pirwJeirrt
in Include you In our plans to midgate hnanciali Impacts in Ibzlla irr(:e with he sociali respoirrsibility we have to dehveir pubh(:
transportation to our cRizens, Whetheir that be to tiravO to essential Obs or to use these services as wO, su(:h as
hospita�, giro(:eiry stores and phas irirna(:Ies.
PatrUa U[sworth
Chairperson, Saint John bansit Cammisslarr
11" Floor, My Hat P.O. Box 1971, Saint John, N.B. E2L4L1 * Tel §06) 632q275 * E-mail: parking@saintoohn.ca
111me Etage, Hotel de Ville, C.P. 1971, Saint ohn NA. E21L Al * Tel: POY 632-7275 * Courriel: parking@saintoohn.ca
www.saintjohn.ca/parking
6V
54
AIN uIc: H
The Saint John Transit Commission understands the role that
we play in the community during this challenging time. Our
mission is to provide stable, safe and reliable transportation for
essential travel only.
We recognize that as a result of safety procedures that we
have been forced to implement that we have both limited
passenger capacity and no longer have a mechanism to
collect fares on our buses. This has a direct impact on the
financial health of our organization.
We understand the balance required to provide this
essential and critical social service while ensuring that we
are as efficient as possible with our financial obligations.
55
AIN uIc: H
Policy Direction
• Saint John Transit is adhering to the Direction of the Chief Medical officer
• Have removed stop at Saint John Airport from schedule
• During initial stages have maintained full services to minimize congestion on the
buses to help mitigate the potential spread of Covid-19
Employee Safety
• Drivers have been provided gloves & face masks
• Rear seat behind driver has been taped off to ensure social distancing and
minimal contact with the driver
• Saint John Transit office is closed to the Public and all employees are not to
gather in groups
• Notices have been posted throughout the office and on buses to educated
everyone about how to protect yourself from not getting sick
56
AIN uIc: H
• Increased the cleaning of
buses from twice/week to
every day
• Ordered a sprayer to more
effectively clean the bus.
Will allow for disinfecting of
the entire interior of the bus,
not just the high usage
areas.
57
AIN uc: H
• Moved entry of the bus to rear door March 18th, 2020
— Resulted in inability to collect fares (cash, transit cards or transfers)
• Taped off seating to accommodate SOE restrictions
• Are investigating a
solution to reinforce
driver safety and
distancing from
passengers
• Will allow front of bus
boarding to resume fare
collection
59
AIN uIc: H
• Continue to provide a safe, reliable and efficient Transit system
• First few weeks required innovative reactive changes
• Need to optimize service delivery to maintain the financial health of the
organization
— Implementing route changes that will reduce runs and frequency for
some routes while maintaining service for routes that have higher
demand.
— Data indicates that some main routes are seeing on average 7-9
passengers per run, which is our `pandemic capacity' and we cannot
introduce bottlenecks into the system
— Overall system impact would be a 20% reduction in service hours
• Reintroduction of fare collection in a safe manner
• Support petitions to Provincial and Federal governments for financial aid
60
AIN uc: H
• Moving from a full service to an optimized service will target
improvements in the range of;
— Layoffs of approximately 17-19 employees: Drivers, Mechanics and
maintenance staff will be impacted
— Salaries and benefits will be reduced by approximately
$120, 000/month
— Fuel consumption will decrease by approximately $14,000/month
• Ensuring comprehensive communication strategy is in place to minimize
disruption to passengers
• Exploring passenger feedback options to map where essential workers
are travelling and time of day demands
61
AIN uIc: H
• Saint John Transit Commission is a legal entity;
— Separate Bank Account
— Separate Payroll
— Separate CRA business number
— Subsidy paid in 12 equal monthly payments
— City is responsible for funding 100% of Transit annual deficit
Revenues From Own Sources $4,315,000
Expenditures $10,209,787
Net Subsidy from City $5,894,787
62
AIN uIc: H
• High Financial Risk due to COVID-19;
• Currently not collecting Fare Revenue ($360K per month);
• Fuel Hedging Contract — fixed contract price for year, fuel price
reductions will not impact projections;
• Based on 2020 budgeted City subsidy, Saint John Transit has
a major cash flow deficiency risk that will impact its ability to
meet future payment obligations;
• City is liable for all Transit deficits, therefore high risk to City
2020 financial results.
• 30 day Notice Period in Collective Agreement
63
AIN uIc: H
2020 Transit Subsidy Budget - $5,849,787
Risk Based on Current Operation
City Funded Deficit
$10,000,000 Covid Recovery - Assumes 3 months before recovery
$9)000)000
$8)000)000 $8)715)655
--
$7,000,000
$5)894)787......,..---- $7,241,628
$6,000,000
---------
$5)000)000
$4)000)000
C161M
$1,000,000
$500,000
$0
-$500,000
-$1, 000, 000
-$1)500)000
-$2)000)000
-$2)500)000
-$3)000)000
Projected Transit Cash Shortfall
COVID Recovery - Assumes 3 months before recovery
$464,524
-
_
-$913,124
---------------------
65
-$2)394)716
C
$8)000)000
$7,000,000
$6)000)000
$5)000)000
$4)000)000
2020 Transit Subsidy Budget
- $578947787
City Funded Deficit
Covid Recovery - Assume 3 months before recovery $7,607,655
$5,894,787 $6,815,063
-
Q� � �J' � ted' , °'`° °�
P C °�
� O
66
Transit Cash Shortfall due to COVID19 — Service Reductions
COVID •COVID Recovery - Assume 3 months before recovery
$600,000
$400,000
$200,000
$0
-$200,000
-$400,000
-$600,000
-$800,000
-$1,000,000
-$1)200)000
-$1)400)000
-$1)600)000
$464,254
$36)83%
-$521)979
dw go 4'M am
67
-$1)328)571
�4 �°� �°�°� �°�
• Local and National media coverage that positioned us as leaders in
addressing and adapting to changes
• Continued focus to communicate changes proactively and with respect
for our employees and passengers
• Union statements have been positive and supportive in a time when
other transit agencies have not received the same
— CBC article. March 27, 2020 (Grant Logan President of Local 1182,
Amalgamated Transit Union) "... Logan said union members feel supported
by their employers and feel safety is being taken seriously."
— Social Quotes
• Great decision thanks for trying to keep everyone safe
• Can't thank Saint John Transit and the drivers enough for keeping the
buses on the road. So grateful.
• ...please don't take the bus away from ppl who need it
• Thank you for still running for those of us who are still working i
68
AIN uIc: H
COUNCIL REPORT
M&C No.
2020-95
Report Date
April 01, 2020
Meeting Date
April 06, 2020
Service Area
Finance and
Administrative Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT. Meeting of March 23, 2020 — Procedural Matters
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner/Dept. Head
City Manager
John L. Nugent
John L. Nugent
John Collin
RECOMMENDATION
Recommendation No. 1: That Common Council adopt the following resolution:
RESOLVED that as recommended by the City Manager in the submitted report M&C
2020-79: Contract 2019-13: West Saint John Water Supply — Orthophosphate System, the
contract be awarded to the low Tenderer, G.J. Cahill & Company (1979) Ltd., at the
tendered price of $246,100.00 (including HST) as calculated based upon estimated
quantities; and further that the Mayor and Common Clerk be authorized to execute the
necessary contract documents.
Recommendation No. 2: That Common Council adopt the following resolution:
RESOLVED that as recommended by the City Manager in the submitted report M&C
2020-83: Initiate Stop -Up and Closure and Subsequent Sale for Portion of Fairville
Boulevard, Common Council approve the following:
1. That the Public Hearing to consider the passing of a By-law to Close a 476 square
metre portion of a public street known as Fairville Boulevard, as shown on a Survey Plan
(submitted), be set for Monday, June 8, 2020 at 6:30 p.m. in the Council Chamber;
2. That Common Council authorize the publishing of a notice of its intention to
consider passing of such By-law identified above; and
3. In the event that Common Council gives Third Reading to Amending a Bylaw as stated
above, that Council approve the sale of the subject property to SBLP Harding Street
Property Inc. for $1.00, subject to the reservation of any municipal or public utility
easements required and further, that the Mayor and
Common Clerk be authorized to execute any document to effect the transfer.
Recommendation No. 3: That Common Council adopt the following resolution:
RESOLVED that the by-law entitled, `By -Law Number C.P. 111-89 A Law to Amend the
Zoning By -Law of The City of Saint John' amending Schedule "A", the Zoning Map of
C:1']
-2 -
The City of Saint John, by re -zoning a parcel of land having an area of approximately
995.1 hectares, located at 399 Burchill Road, also identified as being a portion of PID
Number 00412189, from Heavy Industrial (IH), Pit and Quarry (PQ), Rural (RU), and
Medium Industrial (IM) to Green Energy (GE); and rezoning a parcel of land having an
area of approximately 2.5 hectares, located at 399 Burchill Road, also identified as being a
portion of PID Number 00412189, from Pit and Quarry (PQ) and Rural (RU) to Special
Zone 5 (SZ -5), be read in its entirety.
Recommendation No. 4: That Common Council adopt the following resolution:
RESOLVED that the by-law entitled, `By -Law Number C.P. 111-89 A Law to Amend the
Zoning By -Law of The City of Saint John' amending Schedule "A", the Zoning Map of
The City of Saint John, by re -zoning a parcel of land having an area of approximately
995.1 hectares, located at 399 Burchill Road, also identified as being a portion of PID
Number 00412189, from Heavy Industrial (IH), Pit and Quarry (PQ), Rural (RU), and
Medium Industrial (IM) to Green Energy (GE); and rezoning a parcel of land having an
area of approximately 2.5 hectares, located at 399 Burchill Road, also identified as being a
portion of PID Number 00412189, from Pit and Quarry (PQ) and Rural (RU) to Special
Zone 5 (SZ -5), be read a third time, enacted, and the Corporate Common Seal affixed
thereto.
Recommendation No. 5: That Common Council adopt the following resolution:
RESOLVED that as recommended by the Committee of the Whole having met on March
23, 2020 Common Council adopt the following:
That the City of Saint John amend section 2.2(b) of the Option Agreement between the
City and Fundy Quay Developments Inc. to replace "within (3) months of their execution
of this agreement" with "on or before May 29, 2020", and that the Mayor and Common
Clerk be authorized to execute an amending agreement in this respect.
Recommendation No. 6: That Common Council adopt the following resolution:
RESOLVED that as recommended by the Committee of the Whole having met on March
23, 2020, Common Council adopt the following:
1. That the City commence formal legal proceedings in the New Brunswick Court of
Queen's Bench against BGC Engineering Inc., Matt Alexander of Fundy Engineering and
Ken Howard, and further;
2. That the July 8th, 2019 resolution of Council pertaining to Torys' retainer for legal
services required in relation to the West Wells as amended on December 16, 2019, be
further amended as follows to reflect the legal costs associated with pursuing formal legal
proceedings in the Court of Queen's Bench:
a. The words "not to exceed $365,000.00 plus HST and disbursements" are deleted and
replaced with "not to exceed $765,000 plus HST and disbursements."
EXECUTIVE SUMMARY
In order to assure the legal efficacy of a number of resolutions adopted at the
March 23, 2020 meeting of Common Council in open session, those resolutions
should be re -adopted at the open session meeting scheduled for April 6, 2020.
PREVIOUS RESOLUTION
-3 -
Resolutions made at the March 23, 2020 Common Council meeting in open session
which are set out in the Recommendation.
STRATEGIC ALIGNMENT
N/A
REPORT
The agenda for the March 23, 2020 open session meeting of Common Council was
prepared and distributed in the midst of the evolving response of the Province of
New Brunswick to the COVID-19 pandemic. That agenda contained a number of
items including a proposed amendment to the Council's Procedural By-Lawwhich,
if enacted, would provide authority to Council to conduct their open session
Common Council meetings electronically. During this same time frame, the
Minister of Public Safety issued a Declaration of State of Emergency and it became
increasingly clear that Common Council urgently required authority to conduct
open session Council meetings electronically in order to preserve the continuity
of local government.
Consequently, and subsequent to the distribution of the original agenda for the
March 23rd Common Council meeting, a notice of emergency meeting to be held
on March 23rd was issued, for the purpose of giving all three readings to the
amendment in question (only in an emergency may more than two readings be
given at a single meeting). Council's Procedural By -Law limits emergency
meetings to the items identified in the notice unless there is unanimous consent
of Council to deal with additional items. However, the meeting of March 23rd
purported to adopt resolutions dealing with non -emergency items as well. In
order to avoid the possibility of the latter resolutions being found, upon challenge,
to be invalid, it is necessary they be re -adopted at the Council meeting scheduled
for April 6, 2020.
SERVICE AND FINANCIAL OUTCOMES
N/A
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
This matter has been discussed with the City Manager and the Common Clerk.
ATTACHMENTS
Council Reports:
M&C No. 2020-79 (Item 5.1)
71
-4 -
M&C No. 2020-83 (Item 5.3)
By -Law No. 111-89 — A Law to Amend Zoning By -Law (Item 10.1)
M&C No. 2020-76 (Item 17.1)
M&C No. 2020-88 (Item 17.4)
COUNCIL REPORT
M&C No.
2020-79
Report Date
March 11, 2020
Meeting Date
March 23, 2020
Service Area
Saint John Water
His Worship Mayor Don Darling and Members of Common Council
SUBJECT. Item 5.1.docx
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner/Dept. HeadCity
Manager
John Campbell
Brent McGovern /Brian
Keenan
John Collin
RECOMMENDATION
It is recommended that Contract No. 2019-13: West Saint John Water Supply —
Orthophosphate System be awarded to the low Tenderer, G.J. Cahill & Company
(1979) Ltd., at the tendered price of $246,100.00 (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 2019-
13: West Saint John Water Supply — Orthophosphate System to the low
Tenderer.
PREVIOUS RESOLUTIONS
March 26, 2018, (M&C 2018-88), West Water — Orthophosphate Treatment
Update, Received and Filed.
July 30, 2018, (M&C 2018-220) 2019 Water & Sewerage Utility Fund Capital,
Program Approved.
01
-2 -
REPORT
BACKGROUND
The approved 2019 Water and Sewerage Utility Fund Capital Program includes
funding for the design and construction of a permanent orthophosphate system
for the West Saint John water supply. The existing, temporary orthophosphate
system will be replaced with a permanent, more operationally cost-effective
system.
TENDER RESULTS
Tenders closed on March 3, 2020 with the following results, including HST:
1. G. J. Cahill & Company (1979) Ltd., Saint John, NB $ 246,100.00
2. Filtrum Inc., Quebec, QC $ 247,135.00
3. Select Mechanical Incorporated, Quispamsis, NB $ 273,749.29
The Engineer's estimate for the work was $260,130.00 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 Water and Sewerage
Utility Fund Capital 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 $ 296,000.00
Project net cost $ 289,290.00
Variance (Surplus) $ 6,710.00
Igo] 114V=II1►19711 ilk] 1►[eto] 9ito] ►1.i[: e141[Q►[Ki]►1[11ATTO M
The recommendation in this report is made in accordance with the provisions of
Council's policy for the tendering of construction contracts, the City's General
Specifications and the specific project specifications.
rL1
-3 -
STRATEGIC ALIGNMENT
This report aligns with Council's Priority for Valued Service Delivery, specifically
as it relates to investing in sustainable City services and municipal infrastructure.
SERVICE AND FINANCIAL OUTCOMES
The installation of a new, permanent orthophosphate system will provide for a
longer-term, more cost-effective system for the West Saint John groundwater
system.
This project will be completed within the original approved financial budget.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
N/A
ATTACHMENTS
N/A
rN'7
COUNCIL REPORT
M&C No.
2020-83
Report Date
March 16, 2020
Meeting Date
March 23, 2020
Service Area
Finance and Administrative
Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT. Item 5.3 REPORT.docx
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner/Dept. HeadCity
Manager
Curtis Langille
Kevin Fudge/lan Fogan
John Collin
RECOMMENDATION
It is recommended Common Council adopt the following resolution:
1. That the Public Hearing to consider the passing of a By-law to Close a 476
square metre portion of a public street known as Fairville Boulevard, as
shown on a Survey Plan (see attached), be set for Monday, June 8, 2020
at 6:30 p.m. in the Council Chamber;
2. That Common Council authorize the publishing of a notice of its intention
to consider passing of such By-law identified above; and
3. In the event that Common Council gives Third Reading to Amending a By-
law as stated above, that Council approve the sale of the subject property
to SBLP Harding Street Property Inc. for $1.00, subject to the reservation
of any municipal or public utility easements required and further, that
the Mayor and Common Clerk be authorized to execute any document to
effect the transfer.
EXECUTIVE SUMMARY
On October 12, 2010 Council approved a land exchange between the City and
the owners of the Lancaster Mall property along with other nearby lands for the
purpose of providing extensive road reconstruction work in the area of Fairville
Boulevard, adjoining to the Lancaster Mall. The City has received all of its
parcels of land and there remains one parcel for consideration to be conveyed
from the City to the owners of the Mall and associated lands. It should be
understood that although the ownership of the mall property has changed and
MCI
-2 -
there are no legal agreements in place with the now current ownership group, it
is staff's position that the City should honor its commitment in this agreement.
Staff is in agreement with the portion of Fairville Boulevard, as shown on the
attached plan of survey to be considered for closure and subsequent sale to SBLP
Harding Street Property Inc. The recommendation contained in this report will
facilitate the process for Council to consider the closing of the street as shown
on a plan of survey (attached) and if closed will facilitate the transfer of the land
to the proponent. SBLP Harding Street Property Inc. is in the planning process to
develop this site this year and the additional land (if stopped -up and closed and
acquired) would greatly enhance the layout and development of the site. It is
expected the City would benefit in property taxes from a full build -out of a
minimum of $80,000.00 annually.
PREVIOUS RESOLUTION
In 2018, Council (M&C #2018-217) approved the sale of two parcels of land that
abut SBLP's property; one at the corner of Fairville Boulevard and Harding Street
and the other being a former portion of Harding Street.
STRATEGIC ALIGNMENT
Providing for entrepreneur opportunities in the City and creating a livable
community that is vibrant and diverse, while providing an integrated approach to
economic development.
REPORT
Further to the comments contained in the Executive Summary.
Background
On October 12, 2010 Council approved a number of land exchanges between the
City and the owners of the Lancaster Mall property for the purpose of providing
for extensive road reconstruction work in the area of Fairville Boulevard
adjoining to the Lancaster Mall. In addition, the "connector" road that existed
between Harding Street and Fairville Boulevard had been reconstructed and
shifted slightly further east so that it aligned properly with a new street
intersection to serve Lancaster Mall. Part of the City's commitment to the then
owners of the Lancaster Mall was to convey the former connector street for
$1.00 and to sell the former portion of Harding Street. In 2018, Council approved
the aforementioned exchanges to the new owners, SBLP and they are now part
of the assembled site.
No
-3 -
Current Deal
The City has received all of its parcels of land from the then owners of the Mall
but there remains one parcel for consideration. If stopped -up and closed, a 476
portion of Fairville Boulevard (presently landscaped area) would be transferred
to the ownership group of the Mall and nearby lands. Staff recommends the sale
of the subject parcel to SBLP for $1.00 as had been previously agreed upon.
Various City departments have been advised and are supportive of the
proponent's development plans for this property and are in agreement to have
Council consider the closure of a portion of Fairville Boulevard, as shown on the
attached plan of survey. There is a public utility and municipal infrastructure
contained within the "to be" closed portion of street that would need to be
reserved out so that they would continue to be maintained.
The recommendation contained in this report will initiate the process to consider
the street closing, and if Third Ready is given, the sale of the parcel to the
proponent with the reservation of the required easements.
SERVICE AND FINANCIAL OUTCOMES
As part of the original land exchange agreement with the previous owner of the
Lancaster Mall and associated lands on the opposite side of Fairville Boulevard,
there are no financial costs to the City other than survey costs associated with
this land conveyance. The anticipated cost for the commercial development
planned for this site is estimated to be approximately three (3) million and the
tax benefit to the City will be approximately $80,000 annually.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
Saint John Water, Transportation and Environment Services, Growth and
Development Services along with Infrastructure Development are all in
agreement to have the surveyed portion of Fairville Boulevard closed and
conveyed to the adjoining property owner. The City Solicitor's office has
received a copy of this report for comment.
ATTACHMENTS
1. Location Map; and
2. Plan of Survey
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6 2531727.959 7MI649229 P3125x029
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12 253/669272 7..15S1154 P39254425
13 2531"1 ns 73615!0.690 P312SO23
14 2531671.402 7391551990 P31254925
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Ta • SPaal CbaNp ala
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• P--rFamwwn dm
Pude dl FaM4y.
Key Plan ! Le Plan Principal
sub 4aw. 1'IQ=
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Pod Ow NADO3K4R55 "m od
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2. a Wgneanmmarmw4 Poe
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Survey Plan - Plan D'Arpentage
Portion of/ Une panie du
Boulevard Fairville
Boulevard
City of/ Ville de Saint John
Comte de Saint John County
Province of Now Brunswick
Province du Nouveau -Brunswick
e 4a
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i
SURVEYS SI
ENGINEERING LTD.
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GAP MJ KEIRSTEAD, WWAGNe 94
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N®.2151G1
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Notes
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2. a Wgneanmmarmw4 Poe
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9 time -ft- r knW too. dnp wa
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W i�malme SM -ft. .
144 dwN.d Pwn ansa nara..
$ Food -y as oA Fe -y 2029
Survey Plan - Plan D'Arpentage
Portion of/ Une panie du
Boulevard Fairville
Boulevard
City of/ Ville de Saint John
Comte de Saint John County
Province of Now Brunswick
Province du Nouveau -Brunswick
e 4a
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i
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ENGINEERING LTD.
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GAP MJ KEIRSTEAD, WWAGNe 94
BY-LAW NUMBER C.P. 111-89
A LAW TO AMEND
THE ZONING BY-LAW
OF THE CITY OF SAINT JOHN
ARRETE No C.P. 111-89
ARRETE MODIFIANT L'ARRETE DE
ZONAGE DE THE CITY OF SAINT
JOHN
Be it enacted by The City of Saint Lors d'une reunion du conseil
John in Common Council convened, as communal, The City of Saint John a
follows: decrete ce qui suit :
The Zoning By-law of The City of L'arrete sur le zonage de The City
Saint John enacted on the fifteenth day of of Saint John, decrete le quinze (15)
December, A.D. 2014, is amended by: decembre 2014, est modifie par:
1. Adding the following to the list of 1.
Other zones in Section 2.2:
"Special Zone No. 5 SZ -5"
2. Adding the following as Section 14.9: 2.
3.
4.
"14.10 Special Zone No. 5 (SZ -5)
14.10(1) Permitted Uses
Any land, building, or
structure may be used for
the purposes of, and for no
other purpose than, the
following:
• An access road for a
pit and/or quarry;
• All uses permitted in
Section 14.11
Amending Schedule "A", the Zoning
Map of The City of Saint John, by re-
zoning a parcel of land having an area
of approximately 995.1 hectares,
located at 399 Burchill Road, also
identified as being a portion of PID
Number 00412189, from Heavy
Industrial (IH), Pit and Quarry (PQ),
Rural (RU), and Medium Industrial
(IM) to Green Energy (GE).
Rezone a parcel of land having an area
of approximately 2.5 hectares, located
at 399 Burchill Road, also identified as
being a portion of PID Number
00412189, from Pit and Quarry (PQ)
and Rural (RU) to Special Zone 5 (SZ -
5).
14.10(2) Zone Standards
Standards for development
in Special Zone No.5 shall
be as set -out in subsection
12.4(4) and Parts 4 to 9
where this zone shall be
considered a Pit and
Quarry (PQ) zone or a
Green Energy (GE) zone,
as the case may be."
3.
9
E -11I
L'adjonction de 1'e1ement suivant a la
liste d'Autres zones d'article 2.2 :
Zone speciale no 5 SZ -5 »
L'adjonction de Particle 14.9 qui se lit
comme suit:
14.10 Zone speciale n° 5 (SZ -5)
14.10(1) Usages permis
Les terrains, batiments et
constructions ne peuvent
etre affectes qu'aux fins
suivantes :
• Une route d'acces pour
une gravieres et / ou
une carriere;
• Toutes les usages
autorisees dans la
section 14.11
Modifier le zonage de un parcelle de
terrain d'une superficie d'environ
995,1 hectares, situee au 399, chemin
Burchill, et portant une partie du NID
00412189, les zones industrie lourde
(IH), industrie moyenne (IM), carriere
et graviere (PQ) et rurale (RU) a zones
energie verte (GE).
Modifier le zonage de un parcelle de
terrain d'une superficie d'environ 2,5
hectares, situee au 399, chemin
Burchill, et portant une partie du NID
00412189, les zones carriere et graviere
(PQ) et rurale (RU) a zone speciale n°
5 (SZ -5).
14.10(2) Normes applicables a la
zone
Les normes
d'amenagement dans la
zone speciale n° 5 doivent
etre conformes aux
dispositions de paragraphe
12.4(4) et des parties 4 a 9,
et la zone en question doit
etre consideree en tant que
- all as shown on the plan attached hereto
and forming part of this by-law.
IN WITNESS WHEREOF The City of
Saint John has caused the Corporate
Common Seal of the said City to be affixed
to this by-law the * day of *, A.D. 2020
and signed by:
Mayor/Maire
zone carrieres et de
gravieres (PQ) ou zones
energie verte (GE) selon le
cas.
- toutes les modifications sont indiquees sur
le plan ci joint et font partie du present
arrete.
EN FOI DE QUOI, The City of Saint John
a fait apposer son sceau communal sur le
present arrete le 2020,
avec les signatures suivantes
Common Clerk/Greffier communal
First Reading - March 9, 2020 Premiere lecture - le 9 mars 2020
Second Reading - March 9, 2020 Deuxieme lecture - le 9 mars 2020
Third Reading - Troisieme lecture -
E:3A
GROWTH & COMMUNITY DEVELOPMENT SERVICES
SERVICE DE LA CROISSANCE ET DU DEVELOPPEMENT COMMUNAUTAIRE
REZONING / REZONAGE
Amending Schedule "A" of the Zoning By -Law of The City of Saint John
Modifiant Annexe «A» de I'Arrete de zonage de The City of Saint John
j"
i
r
/011
r
Gr�
FROM / DE TO / A
Rural RU SZ -5 Special Zone No. 5
Zone rurale Zone speciale n° 5
Pit and Quarry�� GreenEnergy
Zone de carrieres PQ `pf GE Zone d,energie
et de gravieres verte
Applicant: Meg Morris (Natural Forces)
Location: 399 Burchill Road
PID(s)/NIP(s): Portion of/de 00412189
Considered by P.A.C./considers par le C.C.U.: February 19 fevrier, 2020
Enacted by Council/Approuve par le Conseil:
Filed in Registry Office/Enregistre le:
By -Law #/Arrete #
Drawn By/Crese Par: Andrew Pollock Date Drawn/Carte Crsee: March 13 mars, 2020
83
GROWTH & COMMUNITY DEVELOPMENT SERVICES
SERVICE DE LA CROISSANCE ET DU DEVELOPPEMENT COMMUNAUTAIRE
REZONING / REZONAGE
Amending Schedule "A" of the Zoning By -Law of The City of Saint John
Modifiant Annexe «A» de I'Arrete de zonage de The City of Saint John
FROM / DE
Pit and Quarry
Zone de carrieres
et de gravieres
\CN V•
TO/A
,` _ Special Zone No. 5
PQ ,, SZ 5 Zone speciale n° 5
Applicant: Meg Morris (Natural Forces)
Location: 399 Burchill Road
PID(s)/NIP(s): Portion of/de 00412189
Considered by P.A.C./considers par le C.C.U.: February 19 fevrier, 2020
Enacted by Council/Approuvs par le Conseil:
Filed in Registry Office/Enregistre le:
By -Law #/Arrete #
Drawn By/Creee Par: Andrew Pollock Date Drawn/Carte Creee: March 13 mars, 2020
84
GROWTH & COMMUNITY DEVELOPMENT SERVICES
SERVICE DE LA CROISSANCE ET DU DEVELOPPEMENT COMMUNAUTAIRE
REZONING / REZONAGE
Amending Schedule "A" of the Zoning By -Law of The City of Saint John
Modifiant Annexe «A» de I'Arrete de zonage de The City of Saint John
Jdys Hill
Dr.,
FROM / DE TO / A
Heavy Industrial IH
Zone d'industrie lourde
RuralGreen Energy
RU °�°�'''`'% GE Zone d'energie
Zone rurale �"��%%�"%
verte
Medium Industrial
Zone d'industrie moyenne IM
Applicant: Meg Morris (Natural Forces)
Location: 399 Burchill Road
PID(s)/NIP(s): Portion of/de 00412189
Considered by P.A.C./considers par le C.C.U.: February 19 fevrier, 2020
Enacted by Council/Approuve par le Conseil:
Filed in Registry Office/Enregistre le:
By -Law #/Arrete #
Drawn By/Crsse Par: Andrew Pollock Date Drawn/Carte Crsse: March 13 mars, 2020
85
COMMITTEE OF THE WHOLE REPORT
M&C No.
2020-76
Report Date
March 17, 2020
Meeting Date
March 23, 2020
Service Area
Develop Saint John
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: Fundy Quay — Option to Lease Agreement
OPEN OR CLOSED SESSION
This matter is to be discussed in closed session pursuant to the provisions of
subsection 68(1)(c) of the Local Governance Act.
OPEN SESSION RESOLUTION REQUIRED?
Yes, resolution and full report to be added to open session
AUTHORIZATION
Primary Author
Commissioner/Dept. Head
City Manager
Jeffrey Cyr
Steve Carson
John Collin
RECOMMENDATION
That the City of Saint John amend section 2.2(b) of the Option Agreement
between the City and Fundy Quay Developments Inc. to replace "within (3)
months of their execution of this Agreement" with "on or before May 29, 2020",
and that the Mayor and Common Clerk be authorized to execute an amending
agreement in this respect.
EXECUTIVE SUMMARY
The purpose of this report is to amend the option agreement to provide more time to
finalize and execute the terms of the ground lease. Additional time is required due to
the ongoing Provincial review of the Fundy Quay infrastructure application and
challenges associated with the Covid 19 outbreak.
PREVIOUS RESOLUTION
At it's December 2nd meeting, Common Council approved the following
resolution:
That the City of Saint John enter into an Option Agreement with Fundy
Quay Developments Inc. regarding the site known as Fundy Quay in the
form as attached to this M. + C. No. 2019-333; and
-2-
2. That the Mayor and Common Clerk be authorized to execute said Option
Agreement.
REPORT
At its December 2nd 2019 meeting, Common Council approved an Option Agreement
and appended Ground Lease for the Fundy Quay site. At this time, the rent for the
Ground Lease and the pricing structure for the Option to Purchase therein were
predicated on the City delivering a development ready site to Fundy Quay
Developments Inc. at the time the Option to Lease is exercised. As the required
Provincial infrastructure funding to prepare the site for development was not secured at
the time, the option agreement provided additional time for a decision to be made on
the City's infrastructure funding applications, and allowing the City and the developer to
finalize the terms of the agreement. The option agreement provided an additional three
months to complete the terms of the agreement, as at that time, the Regional
Development Corporation of the Province had indicated that decisions were planned to
be made within the near future.
In early March of 2020, the Province provided the City of Saint John with a letter
notifying that the Fundy Quay project was not selected in the current round of funding
under the Integrated Bi -Lateral Agreement with the Federal government. Since then,
the Province has re-engaged the City and Develop Saint John on options to move the
project forward. While these discussions are positive, the ultimate decision on
infrastructure funding has still yet to be concluded. In light of the recent outbreak of
Covid 19 and the challenges facing the Province and all of Canada, it is anticipated that
more time will be required to finalize a decision.
While both parties have agreed in principle on the final terms of ground lease, until
there is clarity on the Provincial decision regarding the infrastructure funding for the
Fundy Quay, the final version of the ground lease cannot be completed. For this reason,
an extension to the timelne is being requested.
STRATEGIC ALIGNMENT
The development of the Fundy Quay is aligned with Council's priorities of Fiscal
Responsibility, Growth and Propserity, and Vibrant Safe City. It is also a strategic
Growth Concept identified in the City's Central Peninsula Neighbourhood Plan.
SERVICE AND FINANCIAL OUTCOMES
The development of the Fundy Quay will be an important tax base generator and
transformational project for the City of Saint John.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
E to
-3 -
The City's Legal department have been engaged and will prepare the
amendments to the agreement.
ATTACHMENTS
N/A
M&C No.
i/ fOUnd OfSh,1 ej)0iW
Report Date
March 19, 2020
Meeting Date
March 23, 2020
Service Area
Corporate Services
SUBJECT. South Bay Wellfield Sustainable Yield — Commencement of Action
Against BGC Engineering Inc. and Peer Reviewers
EXECUTIVE SUMMARY OF COMMITTEE OF THE WHOLE REPORT FOR OPEN
SESSION OF COUNCIL
At its July 8t", 2019 meeting, Council resolved to terminate its contract with BGC
Engineering Inc., and to initiate the Dispute Resolution Process leading to
arbitration under the said contract. At its meeting held December 16, 2019, the
City resolved to advance claims directly against each of Matt Alexander of Fundy
Engineering Inc. and Kenneth Howard of the University of Toronto who peer
reviewed BGC's work in relation to the sustainability of the West Wells, and to
bring each of them in the BGC Engineering dispute resolution process in this
respect.
Although efforts were made to seek to resolve out of court the City's claim
against BGC and the two peer reviewers, events have arisen that make an early
out of court resolution of the City's claim unfeasible. The City must commence
formal legal proceedings now, to ensure that the statutory limitation period does
not expire.
Committee of the Whole resolution from March 23, 2020:
RESOLVED that the Committee of the Whole, having met on March 23, 2020,
recommends that Council adopt the following resolution:
1. That the City commence formal legal proceedings in the New Brunswick
Court of Queen's Bench against BGC Engineering Inc., Matt Alexander of
Fundy Engineering and Ken Howard; and further
2. That the July 8, 2019 resolution of Council pertaining to Torys' retainer for
legal services required in relation to the West Wells as amended on
December 16, 2019, be further amended as follows to reflect the legal costs
associated with pursuing formal legal proceedings in the Court of Queen's
Bench:
a. The words "not to exceed $365,000.00 plus HST and disbursements" are
deleted and replaced with "not to exceed $765,000.00 plus HST and
disbursements."
EiD]
EMERGENCY MANAGEMENT ONGANIZATNON
ORGANISME DE GESTION DES SERVNCES DFURGENCE
Saint John EMO COVID-19 Report to Common Council April 6t", 2020
Deputy Incident Commander - Rob Nichol
Good evening your Worship and Members of Common Council:
This is the second update to Council from the EOC and we will follow a similar format as the
previous update. The Command and General staff will each give a brief update from their
respective areas to give you a sense of how their role is helping this community respond to this
crisis.
Since the last update the Saint John EMO has remained at partial activation in response to the
COVID-19 pandemic. Current numbers show over 1.3 million cases globally, nearly 16,000 cases
in Canada, 103 cases in New Brunswick, and 23 in the Saint John region. NB has 7
hospitalizations (3 in ICU). The only certainty is that our normal is constantly changing as the
situation develops and the City of Saint John is adapting as required. We continue to follow the
directives of the Department of Health and the Chief Medical Officer of Health, Dr. Russell as
we navigate the COVID-19 pandemic.
Strong leadership in times of crisis is essential. The leadership demonstrated at the Senior
Executive, Senior Leadership, and Command and General Staff at the Emergency Operation
Centre is second to none. The strong leadership and adaptability of the staff have ensured
objectives are being met and essential city services are maintained for the citizens of Saint John
in a safe and effective manner. In preparation for this briefing I am reminded of Simon Sinek's
quote "The ability of a group of people to do remarkable things hinges on how well those
people pull together as a team." As the City navigates the uncharted waters of COVID-19 your
EOC team and city employees have pulled together as a team and are providing exceptional
leadership during this crisis.
Planning Section Chief - Peter Ehler
0I91
Currently SJEMO is utilizing two operational periods weekly. Each period has a formal
scheduled briefing, (the operation period brief) and two formal scheduled meetings; the
Strategy and Tactics Meeting and the Planning Meeting.
This planning cycle ensures that we share a common operating picture across service units and
outside stakeholders, that best practice and processes are shared and adopted uniformly across
the organization, that duplication of effort is avoided and that finite resources are directed to
areas of greatest need and efficacy.
Planning generates a written Incident Action Plan for each period where all stakeholders can
reference information about safety, resources, and current operations; additionally, the
incident action plans create lasting documentation of SJEMOs efforts and actions for future
analysis and learning.
I will conclude the planning section update with a review of the current incident objectives
1. Implement all necessary measures to ensure the safety of the citizens and the employees of
the City of Saint John as directed by the Office of the Chief Medical Officer of Health (Public
Health).
2. Ensure essential services are maintained, including public safety services and critical
infrastructure.
3. Provide systematic updates to the public, staff, senior leadership, and SJEMO stakeholders
on verified information pertaining to the City's response to the pandemic.
4. Establish draft plan to restore those city service that can be safely re -instated while
respecting all of the direction provided by the Chief Medical Officer.
Liaison Officer —Josh Hennessey
As the Liaison Officer I am responsible for coordinating all external agencies with Saint John
EMO. Through collaboration we are able to leverage the skills within our community and
achieve greater alignment with our stakeholders as we work through this challenging time. We
continue to have positive information sharing between; Saint John Energy, Port Saint John,
Saint John Airport, Canadian Red Cross, Canadian Coast Guard and Local Industry. As the
Liaison Officer, I am in direct contact with our Provincial Regional Emergency Management
Coordinator, Les Weber. With the help of Les we work together continually, to try to gain
better clarity on directives as they are issued through Public Health to best serve and protect
our community.
021
Since our last briefing to Common Council a number of updates have occurred. These include
but are not limited to the following;
• 2 new cases were reported today in the province of New Brunswick with the total
number of cases provincially at 103
• On March 25th Public Health implemented self -isolation measures in the Province of
New Brunswick
• On March 28th New Brunswick closed its' borders to all non-essential travel. This
directly impacts the City of Saint John through the Digby Ferry site whereby screening is
currently set up at this location
• Social Development established two overflow shelters that are fully operational in
support of Coverdale and Outflow
• Public Health has established a first responder exposure reporting line
• Public Health has a fully operational Remote Assessment Site at 4347 Loch Lomond
Road that serves all of Zone 2- which is roughly St Stephen to Sussex
• As of today Saint John Airport has suspended all commercial flights until April 30th
Information sharing is vitally important to managing this event. As information flows to the
Liaison Officer, it is distributed throughout Saint John EMO and the City of Saint John Senior
Leadership team. This ensures that all members are informed, with the most current
information to make decisions.
Public Information Officer to Common Council - Lisa Caissie
Over the past three weeks, our Covid-19 Communications Strategy has remained focused on
two overarching priorities:
Priority One: Communicate details for the delivery of our essential services and those deemed
"highly desirable", as identified by the City's senior leadership team. And further communicate
any refinement made to the delivery of these services.
Priority Two: Support the timely dissemination of verified key messages, recommendations and
directives from our lead public health officials.
Our communication team continues to be well positioned to deliver on these priorities.
Since early March, we have issued 14 news releases to provide updates to the public as they
relate to essential city services, notifications and reminders.
We immediately established a dedicated webpage, www.saintiohn.ca/coronavirus in order to
house the latest information and resources for citizens.
ON
We are also publishing and sharing daily posts through our official City of Saint John Facebook
and Twitter accounts.
Our actions continue to be taken based on recommendations and directives from Public Health,
and are in line with precautions other municipalities in NB have taken.
The most notable municipal updates over the past two weeks have included the following:
1) The closure of all municipal play structures and our two skateboard parks on March 26.
These measures were taken out of an abundance of caution to reduce exposure to
touchable surfaces that are not being sanitized, and limit close gatherings of children
and youth.
2) On March 24, we issued a release from Saint John Water to announce the payment
deferral options for those who are experiencing financial hardship as a result of the
COVID-19 pandemic. This program is being administered on a case-by-case basis.
3) The City began offering community permits and approvals and development support
through a virtual suite, electronically and by telephone, from the One Stop Development
Shop on March 27. Individuals wishing to access these services can do so during regular
business hours, Monday to Friday. Further details are available on our COVID-19
webpage under Virtual City Services and Support.
4) On March 31, members of our SJFD, SJPF and Municipal Works participated in a siren
salute to pay tribute to those working in our regional hospital and local grocery stores. A
video was produced and shared though our social media channels.
5) On April 1 and April 3, releases were issued to notify the public about changes to service
delivery over the Easter long weekend. These changes include reduced Transit services
on Good Friday, hours for the Saint John City Market, and changes to the garbage and
compost collection schedules.
6) Late last week, after receiving confirmation from the Office of the Chief Medical Officer
of Health, the City communicated that our City parks and trails remain open at this time.
However, in order to remain open the rules around social distancing and no gatherings
must be followed. Compliance is key and the City is monitoring for it on a regular basis.
Our webpage will remain our primary virtual communication medium, along with social media
channels, and is updated daily to provide the public with information in a single, reliable
location, and in both Official languages.
Putting municipal updates aside for a moment, on a community level, it has not been difficult to
spot the many helpers in our city. We have seen tremendous acts of kindness, support and
compassion from organisations, institutions and individuals.
4
019]
The examples are endless and reaffirm that we are in this together, and we are stronger
together.
EMO Operations Section Chief Stephanie Hossack
I appreciate this opportunity to provide you an update on the work of the Operations Section as
well as the important contributions of the Safety Officer, Loral McEwen -Wills and her team. I
will begin this evening with a Safety update.
Over the past two weeks, your Safety team has been very active, with engagement across the
organization. Accomplishments include:
1. Raising the organization's safety awareness by providing critical information from
official sources.
2. Put together informational resources for managers and staff that address issues that
could affect service delivery.
3. Collaborated with other municipalities and organizations to develop a unified approach
to protecting employees.
4. Heightened awareness of available internal support resources as well as public health
services.
Working very closely with the safety team, the Operations Section's goal in this activation is to
bring stability, safety, assurance and valued service. The operations section has five divisions —
employee support, public safety, critical infrastructure, essential and desirable city services and
service restoration. There are approximately 15 staff members supporting these divisions.
Our experience over the last two weeks provides ample evidence that employees have risen to
the challenge of being true champions of our community. Without exception, they have placed
the wellbeing of their fellow citizens first and have persevered in their duties while working
under difficult and stressful circumstances. We have endeavored to support their vital work.
At this time, I would like to share with you highlights from the Operations Section, Collectively
we have:
1. successfully provided all essential services to our citizens
2. supported our employees in problem solving and in making every work -setting and task
safe
3. reinforced the importance of maintaining both physical and mental health
4. collaboration with municipalities across Canada
5. strengthened our Customer Service team and
6. started building a Service Restoration guide and processes
�L!
In conclusion, the Operations Section and the Safety Team serve the needs of every aspect
of the City's services during this time of public emergency. Throughout, we have aligned our
efforts with two overarching commitments: to serve our community and to care for our
employees, and we will continue to do so.
Logistics Section Chief — Dan LeBlanc
The Logistics Section has activated 4 of its 6 designated units. For expediency, I will only
provide updates on the two most active units.
The Commination Unit, led by Sarah Ranson, has provided Saint John EMO with invaluable
support for phone, data and hardware connectivity. Since activation, Sarah and the IT team
have facilitated 657 service requests.
More specifically, municipal staff working remotely has pushed the capacity of the corporate
Net -Motion / Mobility Client server to limits never intended; and our IT team has found ways to
keep it up and running; thus allowing employees, who are working remotely, to continue
supporting the needs of our citizens, as well as providing support to our COVID-19 Pandemic
response.
As challenging as it has been for the Communications Unit, its mild in comparison to the
challenges the Supply Unit faces. Statistically, the Supply Unit facilitated 26 requests for
supplies, of which 20 have been completed with 4 remaining open and 2 are on hold.
In brief, the focus of supply requests has been for:
• Sanitization and disinfection supplies for hands and vehicles; and
• The replenishment of various forms of Personal Protective Equipment
Although it's not a high number of requests, you have to keep in mind that the 'entire world' is
sourcing the same or similar supplies as Saint John EMO. Monic MacVicar and Chris Roberts
from Material Management have stepped up to the challenge - with what I consider amazing
results.
On that note, I thank Kevin Loughery of Fleet Services for identifying Quat Plus as a disinfectant
product for our municipal vehicles. Kevin also drafted the SOP for its use - and is facilitating the
distribution of Quat Plus through Fleet Services.
ri
OR
Financial / Administrative Section Chief - Jeanne Chown
The Finance Section is responsible for monitoring and documenting spending associated with
our response to Covid-19. This is done as close to real time as possible to collect and track all
costs. The Provincial process and forms are being used to enable the City to apply for disaster
financial assistance, if applicable.
In the Finance Section there are four units. I will briefly run through what each unit has been
doing:
1. The time unit documents personnel hours spent working on Covid-19 related work ...as well
as hours lost due to staff unable to perform their duties for Covid-19 related reasons.
• All expenses, including payroll, are tracked using a work order and job order number.
• The time unit normally tracks vehicle expenses with the assistance of the fleet service
area. Up to now there has not been any vehicle expenses directly linked to this event.
2. The Cost unit tracks purchases made through procurement, logistics and all City
departments using the designated Work Order Number.
3. The procurement unit for this event is being handled by the Logistics Unit utilizing the City's
Procurement staff.
4. The compensation and Claims unit tracks and follows up on related insurance claims filed
against or by the City. There have been none to date.
Saint John EMO has assisted in gathering at a high level a list of potential savings from service
areas as a result of Covid-19. A detailed analysis is being done by the City's Finance
Department.
Deputy Chief Mike Carr
Even though we are in the midst of the COVID-19 crisis, I would like to take this opportunity to
provide an update on the 2020 Spring Freshet that traditionally begins at the end of April. First
and foremost, we must understand that there is a multitude of factors that influence spring
freshet water levels. Analysts can only compare current data to previous years and make a
prediction. Therefore, I will provide the current information provided by NBEMO.
Currently, water levels are remaining steady at slightly below half of flood level.
• The snow survey data by the Department of Environment and Local Government is
showing that much of the upper river valley has higher than average snow levels with upwards
of 2 % feet remaining.
• When using snow water equivalent data for the Saint John River Basin, we are 3.7%
above average, and 8.6% less than last year. What does all this mean? Based on the available
data, we are predicting a moderate flood level of 5.1 m.
Next, I would like to highlight the flood activation levels from our Spring Freshet Emergency
Response Policy approved by council in 2019. These activation levels are used to define the
actions by the City of Saint John with respect to service delivery when specific criteria are met.
Key levels are:
• 4.2 m is considered flood level for our area and used as reference
• 4.7 m is SJEMO's partial activation level that helps citizens on a case by case basis
• 5.2 m is our full activation emergency response trigger, which includes sandbag
distribution centres.
My estimate is we will hover below the emergency response trigger point of 5.2 m, which,
according to our Policy would not trigger Sandbag Distribution Centres. However, our GIS
department led by Yves Leger, has mapped a 5.1 m flood level, which has demonstrated many
of the same areas will be impacted as previous years, but to a lesser extent. I would like to
emphasize that sandbags help protect property, not people, which is our number one concern
during these trying times.
I can assure you that regardless of this pandemic, SJEMO and NBEMO have been preparing for
the spring freshet since December of 2019, and we are moving forward with adjusting the
emergency services we deliver to adhere to social distancing. Regardless of the water levels
this spring, SJEMO will be taxed as we manage two emergency events, and are preparing in
advance, by focusing on the safety of our citizens and workforce, public communication, and
critical infrastructure protection. The excellent team at SJEMO, which is represented by all city
departments, is ready for the challenge.
EMO Director, Fire Chief Kevin Clifford
In closing Your Worship and Council, we have just begun the fourth week of our formal
response to COVID-19. Many of the unknowns that I spoke of two weeks ago still exist — how
many in our community and in our nation, will get sick and or die, we don't know. We do know
that the threat is real and that there have been dire outcomes for our neighbors west and
E3
Otl
south of us. The measures that our Nation, our Province, and this Municipality have taken are
absolutely necessary and give the path for the best possible outcome to this crisis.
As you have just heard, the City of Saint John Emergency Measures Organization has set the
structure, and possess the discipline, talent, and resources to address this unique pandemic
challenge as well as the possible concurrent challenge of a third consecutive flood.
There is most likely a long road to go and we will need to be measured in our approach day
after day. We are resolved to help our community navigate this crisis and we are grateful that
we are not alone in facing this challenge.
We thank the citizens within our community whose spirit and resolve inspires us; the bravery,
competence and self-sacrifice of our health professionals; our industrial community who once
again have reached out offering assistance to both the City of Saint John, and the people who
live here; and our retail employees who brave the hazard of being exposed to the virus every
day on the front line. For all of its evil impact COVID-19 has caused all of us to reflect on the
importance that each member of this Community is.... to one another.
Your Saint John EMO team pride themselves on the fact that that we are part of a community
of great courage and strength; and in the context of this Community's courage and strength in
getting through this crisis, I am reminded of a verse from the song titled "Visions" which boldly
states — "all we have to give ... is whatever it takes) I
Your Worship and Members of Council —That's the update from your SJEMO group.
01:3
Financial d Covid-19
April 6th,
INT JOHN
99 W"
;SAINT JOHN
Unprecedented Economic Conditions
Finance Committee April 15 — Financial Risk
Assessment
102
SAINT JOHN
5
• Average $120K per month;$360K next quarter, $1.4M for year
• Average $360K per month, $1.1M per quarter, $3.3M rest of year
• Average $75K per month , $160K next quarter, $900K rest of year
• Average $240K per month, $720K next quarter, $2.5M rest of year
• Average $80K per month, $240K per quarter, $800K rest of year
iDIC
(Pl'�-
;SAINT JOHN
• Estimated After Closure & Layoffs - $50K per month, $150K per quarter, $600K
per year;
• 10-20% of Metered Consumption would equal $180K -360K per month;
• Flat Rate Deferrals, lost interest estimate $25K -50K per month
• Lower interest rate and lower cash balance — Average $20K per month, $60K next
3 months, $200K rest of year
• Estimated monthly loss in off-street and Peel Plaza Parking of $70K per month,
$210K next 3 months, $700K rest of year.
...................................................................................................................................................................................................................................................................................................................................................................................................a...04........................................................................................................................................................................................................................................................................................................................................................................
6
;SAINT JOHN
Closure ofRegional Facilities
with Workforce Adjustments
Amend Service Agreements
RE ^ /[)iSCOVerSaiOt]OhO\
JOW�
Hiring Freeze & No Overtime
Restrict Contract Work /eX:
016, Commissionaires, Consulting
�
105
Long Term Risks (over 1 year)
Pension Plan
Federal &Provincial Stimulus Packages
Conclusion
SUBMISSION TO COUNCIL FORM
the City of Saint gahn
ABOUT PERSON/GROUP PRESENTING
First Name: Paul Last Name: Groody
Name of Organization/Group (where applicable): chdk heireto entertcxt.
Mailing Address:
City or Town: Saint John Province: NB Postal Code:
Day Time Phone Number:
Email:
❑X If you do NOT wish to have your personal information (address, phone number,
email) become part of the public record, please check this box.
ABOUT YOUR SUBMISSION
Topic of Submission: Focus and Responsible Behaviour in Times of Crisis
Purpose for Submission (what is the ask of Council): 1 am writing this letter for several
reasons, though primarily because citizens rightly expect good governance and responsible behaviour in
times of crisis.
Executive Summary: Specifically, this citizen urges Council to: (1) Be mindful of the importance of
open, transparent, honest and ethical governance in this time of extraordinary public health and
economic emergency; governance that contributes to community solidarity and gives focus to the needs
of citizens. (2) Recognize the grave financial conditions that Saint John faces and, as such, do not spend
taxpayers' money on another consultant, when an effective and economical alternative for the
development of a Code of Conduct resolution process is readily available. (3) Be respectful of and act on
concerns brought to you by citizens — without bias or any preconceived notion of propriety.
YOUR SIGNATURE
Signature: See attached letter Date: 2020-04-01
979 Duck Cove Lane
Saint John, NB E2M 3G3
April 1, 2020
Saint John Common Council
PO Box 1971
Saint John, NB E2L 4L1
(Attention: Common Clerk)
FOCUS AND RESPONSIBLE BEHAVIOUR IN TIMES OF CRISIS
Mayor and Councillors,
I am writing this letter for several reasons, though primarily because citizens
rightly expect good governance and responsible behaviour in times of crisis.
Requests
Specifically, this citizen urges Council to:
1. Be mindful of the importance of open, transparent, honest and
ethical governance in this time of extraordinary public health and
economic emergency; governance that contributes to community
solidarity and gives focus to the needs of citizens.
2. Recognize the grave financial conditions that Saint John faces and,
as such, do not spend taxpayers' money on another consultant,
when an effective and economical alternative for the development
of a Code of Conduct resolution process is readily available.
3. Be respectful of and act on concerns brought to you by citizens —
without bias or any preconceived notion of propriety.
Focus on Governance
Something is not right with Saint John Common Council. Recent media reports,
notably Barbara Simpson's March 28th article in the Telegraph -Journal, leave
citizens puzzled. In the depths of an extraordinary public health and economic
emergency, the city's Deputy Mayor is calling the Mayor's behaviour "childish".
"It makes us all look like a bunch of clowns", she says.
FOCUS AND RESPONSIBLE BEHAVIOUR IN TIMES OF CRISIS April 1, 2020
Disappointment does not express how people feel.
A subject that calls for clear focus and action right now is the need for adequate
and suitably located COVID-19 testing sites for Saint John. MLAs, our MP and
countless citizens have spoken out on this issue. Council, however, seems to be
"absent". If anything needs collaborative action at this time, it is helping to
resolve this matter.
Don't Dither or Waste More Taxpayers' Money
On July 8, 2019, Common Council adopted a Bylaw Respecting the Code of
Conduct for Elected Members of the City of Saint John — an important day for
municipal governance. In saying this, one presumes that the bylaw was adopted
to enhance the quality of that governance and set a bar for the performance of
Council and its members.
Words in the two last paragraphs of its preamble emphasize its relevance:
consistent with the principles of transparent and accountable
government;
... underscores the requirement that elected officials be independent,
impartial, and duly responsible in serving their constituents. "
A problem with the Bylaw, however, which was recognized by councillors from
the outset and stated on several occasions since, is that it lacks a stated process
for the resolution of complaints or as Councillor Sullivan said in his letter on
December 2, 2019 [11.1 Council Code of Conduct (Councillor Sullivan)]: "the
mechanism and structure for its implementation is lacking". The Councillor
suggested a mechanism and moved the following motion, seconded by
Councillor Norton:
"RESOLVED that the subject of a Council Code of Conduct Complaint
Resolution Procedure be referred to the City Manager to investigate
best practices and recommend a process to Council for the
investigation any resolution of Code of Conduct complaints against
Council Members." [... from Minutes of the meeting]
The motion was defeated "with Deputy Mayor McAlary, and Councillors Casey,
Reardon, Mackenzie, Hickey, and Merrithew voting against the motion".
Councillor Strowbridge had earlier withdrawn for the duration of the meeting
and Councillor Armstrong temporarily (it would seem for this item only).
112 2
FOCUS AND RESPONSIBLE BEHAVIOUR IN TIMES OF CRISIS April 1, 2020
Thus, only two councillors seem to have recognized the common sense merits
of what was being proposed. Disappointing. The City has the staff expertise to
efficiently investigate best practices and to make necessary recommendations
on process. Not complicated; not overly time consuming.
Heaven forbid, but Council might even look to Moncton's bylaw for guidance.
The bottom line in all of this is that responsibility for administration of the
Bylaw rests clearly with Council. But Council, at least the majority of its
members, does not appear to have the courage to act on that responsibility.
Now, fast forward almost three months to Council's meeting of February 24,
2020. On that Agenda was item 15.5 CUPS: Formal Complaint per Bylaw Number
LG -5. The merits of this complaint, or lack thereof, are not the point here. What
is pertinent, however, is that the union submission appears to have spurred
another item being added late to the Agenda: 11.3 Code of Conduct (Mayor
Darling). The Mayor's letter indicates again the need for a complaint resolution
procedure, stating "Common Council requires an unbiased, clear and transparent
process that can be followed regardless of the circumstances by which a code of
conduct complaint is made. This process must also include a mechanism for
dealing with frivolous and vexatious complaints."
It was informative to be present during the discussion that led to adoption of
the following resolution, moved by Deputy Mayor McAlary and seconded by
Councillor Strowbridge, with only Councillor Armstrong voting nay:
"RESOLVED that the City Manager be directed to obtain estimates for
the costs to retain the services of a third party unbiased expert, who
would develop a process for accepting and denying code of conduct
complaints. In addition the expert would provide clear guidelines for
the process of hearing code of conduct complaints to ensure
governance best practices are respected and included in such a process.
This report should be brought back to council no later than September
30, 202o but no sooner than July 2020 given the current workload and
time restrictions on this council. " [... from Minutes of the meeting]
Initially, the Mayor's suggested motion made no reference to obtaining
estimates to "retain the services of a third party unbiased expert", but he did
liberally propose that Council spend up to $1o,000 to hire a consultant; a figure
seemingly picked out of thin air. A last-minute proposal to spend $1o,000 not
113 3
FOCUS AND RESPONSIBLE BEHAVIOUR IN TIMES OF CRISIS April 1, 2020
planned for or budgeted. And this, in a time of dire financial circumstances for
taxpayers and on the same evening that Council was considering the 50%
reduction of its casual workforce for 2021-2022. Inconceivable.
There is no need to pay for another consultant. Councillor Sullivan's proposal
of December 2, 2019 is an effective alternative and a far more economical one.
Act on and Resolve the Complaints of Citizens
Now, let's go to the emergency meeting of March 23, 2020. Those who
organized and conducted the "electronic" meeting are to be congratulated.
Among the several matters of interest on that evening's Council Agenda were
two conduct complaints:
Item 15.4 C. Osborne Letter: Code of Conduct Complaint
Item 15.5 D. James Letter: Code of Conduct Complaint
To be clear, I happen to know both of these gentlemen and hold each in high
regard. I do not, however, participate in "social media", nor have I ever had a
"social media" account.
The material in the Agenda packet was an eye-opener for one unexperienced in
the medium of modern electronic communications. It was also apparent from
the letters and attachments that the complaints had a common background and
that both warranted fair, unbiased consideration by Council. Unfortunately,
Council chose the standard "Receive and File" option for each, without any
noticeable thought being given to the substance of either complaint. This
appears to be the method of choice for dealing with anyone who suggests that
the behaviour of or a decision made by Council has been anything less than
stellar.
Council has an obligation to duly consider and act on submissions made to it by
members of the public — citizens and taxpayers who expect their Council to act
responsibly and in their best interests.
Sincerely,
Paul Groody, citizen
114 4
COMMITTEE OF THE WHOLE REPORT
M&C No.
2020-98
Report Date
April 01, 2020
Meeting Date
April 06, 2020
Service Area
Finance and
Administrative Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: City Market and Covid-19 Impacts
CLOSED SESSION DISCUSSION REASON
This matter is to be discussed in closed session pursuant to the provisions of
subsection 68(1)(c) and (f) of the Local Governance Act.
OPEN SESSION RESOLUTION REQUIRED?
Yes, resolution and full report to be added to open session
AUTHORIZATION
Primary Author
Commissioner/Dept. Head
City Manager
Ian Fagan
Kevin Fudge
John Collin
RECOMMENDATION
That the committee authorize staff to offer City Market tenants a rent deferral
program due to financial hardship from Covid-19. Tenants who require this
assistance will be able to defer rent interest free with a payment plan over the
final six months of 2020.
EXECUTIVE SUMMARY
This report is intended to inform Members of Council of the impacts of the
Covid-19 crisis on the City Market and its tenants, the vendors.
Staff are recommending that a process be established wherein vendors could
apply to have rent deferred in the short term while in and recovering from the
State of Emergency, to be paid over the last six months of the year.
This would allow for short term impacts to be mitigated and give vendors time to
catch up on rent payments missed during the impacted time frame.
PREVIOUS RESOLUTION
There are various resolutions approving the leases with all the City Market
tenants. Most leases are similar in terms including cost per square foot and are
not reproduced here for the sake of brevity.
`sM
REPORT
As Council is keenly aware, the Covid-19 pandemic is having a devastating impact
on the local economy and the small businesses that are essential to the
operation of the City Market. The Market remains open to provide essential
grocery items while 25 out of 33 tenants (made up of regular stall, bench and
weekend tenants) have closed and of the 8 that remain open or partially open,
two of those will struggle to meet their April rent. April's rent receipts are
expected to decrease by 88% (from $34,000 to $4,000) and will likely decrease
again in May and June should the crisis continue.
Several programs from different levels of government have been announced to
help small businesses such as wage subsidies of up to 75% for three months,
interest free loans, deferred remittance of sales tax and deferral of worksafe
premiums up to three months. While these programs will be an aid to small
businesses, there still exists a short-term cash problem. Much of the aid may not
flow for some time.
It is proposed that in an effort to help sustain the small businesses of the Market
that the City also offer, through an application process, to the tenants of the
Market, a month by month deferral of rent, of up to three months max, to be
paid over the final six months of year. As the Province has also ordered that no
evictions can happen until after May 31St, this deferral would protect taxpayers
from covering the amount owed by the vendors. This measure would also help
vendors plan their recovery so that when the State of Emergency is lifted,
tenants will know exactly how much rent is owing, when it is to be paid and the
City can maximize the Market occupancy.
The application process would see each vendor who is asking for a deferral of
their rent, to apply, give their reasons for the application and calculate (with
staff verification) the total amount of the rent deferral and their future rent
obligations. A three-month deferral is in line with the programs and deferrals
offered by other levels of government and should the crisis continue longer, staff
would return with an updated report for Council consideration.
Staff has conducted a survey of other mall landlords and most malls in the region
(McAllister Place, Brunswick Square, Regent Mall, Brookside Mall) are not
changing their practices of collecting rent except for Market Square whom are
offering a two-month deferral. Some farmer's markets (Charlottetown and
other small 1 day markets) are not charging rent at all during this period with no
certainty how long that can be maintained. The city market building operates at
near $1,000,000 in annual costs with rents contributing $500,000 toward
operating costs.
As added measures, the City has dedicated more human resources to the City
Market to help with security and cleaning to keep the market safe. It is a public
`sr -1
building and without adequate vigilance it would become increasingly difficult to
maintain safety and security without a lot of vendors and vendor employees who
by merely being present, help keep nuisance issues under control.
The City is also putting time and effort into planning events and building small
infrastructure around the pedestrian conversion of South Market Street. It is
envisioned that animating that space throughout the days and evenings will help
contribute to the vibrancy and economic recovery of the City and the City
Market Vendors. Events like the Night Market, the Sea Can initiative and others
yet to be announced, taking place on South Market street will be an exciting
addition to the Uptown experience. It is hoped that bringing new events and
experiences to the area around the City Market will help all small businesses in
the Uptown area experience a revival post Covid-19.
STRATEGIC ALIGNMENT
This initiative aligns with Council priority of Growth and Prosperity by helping
sustain and promote a strong economy and small businesses as located in the
City Market.
SERVICE AND FINANCIAL OUTCOMES
The regular monthly rent collected from full-time and Saturday tenants is
approximately $38,000 and it is estimated the rent to be collected over the next
couple of months will be approximately $4,000 a month. The proposed program
of a rent deferral would still have all the rent for the year collected over the last
half of the year.
Regrettably, there may be some retailers who may not survive this crisis and in
saying that, revenue for the year will likely not meet budget. The actual
revenues will be closely monitored along with the increased financial scrutiny
and reporting contemplated to deal with the Covid-19 impacts.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
None
ATTACHMENTS
IReM12
COMMITTEE OF THE WHOLE REPORT
M&C No.
2020-100
Report Date
April 02, 2020
Meeting Date
April 06, 2020
Service Area
Finance and
Administrative Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT. Request from Reversing Falls Skywalk Inc.
CLOSED SESSION DISCUSSION REASON
This matter is to be discussed in closed session pursuant to the provisions of
subsection 68(1)(c) and (f) of the Local Governance Act.
OPEN SESSION RESOLUTION REQUIRED?
Yes, resolution and full report to be added to open session
AUTHORIZATION
Primary Author
Commissioner/Dept. Head
City Manager
Ian Fagan
Kevin Fudge
John Collin
RECOMMENDATION
That the request from Reversing Falls Skywalk Inc. be denied and that Council
authorize staff to offer tenants of the City a rent deferral program due to
financial hardship from Covid-19. The offer would allow tenants who are
affected to defer rent, interest free, with a payment plan over the final six
months of 2020.
EXECUTIVE SUMMARY
Reversing Falls Skywalk Inc. has requested a rent abatement in a letter to
Council. It is recommended that Council deny this request and offer a rent
deferral program to all tenants, on a case by case basis, directed to those who
are impacted in the short term by the Covid-19 crisis. This would allow for short
term impacts to be mitigated and give the tenant time to catch up on rent
payments missed during the impacted time frame.
PREVIOUS RESOLUTION
Having met on October 15, 2015, Council approved a lease with Reversing Falls
Skywalk Inc. which included financial terms of $4,000 a month in rent.
`§F:3
REPORT
As Council is keenly aware, the Covid-19 pandemic is having a devastating impact
on the local economy and the small businesses that are essential to keep that
economy churning and growing. The reversing falls restaurant building was
leased to Reversing Falls Skywalk Inc. in 2015 on a triple net lease basis. The
lease provides for the leasee to be 100% responsible all costs associated with the
property, including property tax. In addition to those terms, the leasee is also
obligated to pay to the City (the leasor) $4,000 a month in rent for a 60 year
term beginning in 2015.
The lease potentially saved the building from demolition or avoided significant
capital investment from the City to maintain the building. The City is now
receiving property tax and lease payments as outlined in the letter from the
tenant. The tenant has also recently switched to a seasonal operation in an
effort to reduce operating costs. The tenant is now seeking a rent abatement to
deal with the impacts of Covid-19.
Several programs from different levels of government have been announced to
help small businesses, such as wage subsidies of up to 75% for three months,
interest free loans, deferred remittance of sales tax and deferral of worksafe
premiums up to three months. While these programs will be an aid to small
businesses, there still may be short-term cash problems as much of the aid may
not flow for some time.
It is recommended that Council deny the request for rent abatement. The City is
facing its own budget balancing issues for 2021 before the associated impacts of
Covid-19 became real. The budget and City spending must be carefully
monitored and prioritized in order to meet the requirements of a balanced
budget.
It is proposed that the City offer a month by month deferral of rent, of up to
three months max, to be paid over the final six months of year. This would apply
to all tenants of the City, applied on a case by case basis, and intended to bridge
a short term cash flow to those tenants whose cash flow has been affected by
the Covid-19 crisis. As the Province has also ordered that no evictions can
happen until after May 31St, this deferral would protect taxpayers from covering
the amount owed by the tenants. This measure would also help tenants plan
their recovery so that when the State of Emergency is lifted, tenants will know
exactly how much rent is owing, when it is to be paid and the City can mitigate
any potential loses.
The application process would see each tenant who is asking for a deferral of
their rent, to apply, give their reasons for the application and calculate (with
staff verification) the total amount of the rent deferral and their future rent
obligations. A three-month deferral is in line with the programs and deferrals
Mel
offered by other levels of government and should the crisis continue longer, staff
would return with an updated report for Council consideration.
Staff has conducted a survey of other mall landlords and most malls in the region
(McAllister Place, Brunswick Square, Regent Mall, Brookside Mall) are not
changing their practices of collecting rent except for Market Square whom are
offering a two-month deferral.
STRATEGIC ALIGNMENT
This initiative aligns with Council priority of Growth and Prosperity by helping
sustain and promote a strong economy and small businesses located in the City
of Saint John.
SERVICE AND FINANCIAL OUTCOMES
There may be some small businesses who may not survive this crisis and in
saying that, projected revenue for the year for the City will likely not meet
budget. The actual revenues will be closely monitored along with the increased
financial scrutiny and reporting associated with the Covid-19 impacts.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
None
ATTACHMENTS
None
`Wel
March 31�h, 2020
�-1 n TaTe no
The COVID-19 pandemic is devastating for businesses dependent upon tourism.
Reversing Fall's Skywalk (RFS) operates its tourism business from a City owned property,
at 20iO Bridge Road and pays mointhly rent toi the City.
COVID-19 has forced RFS to lay off staff and cancel planis to reopen on May 8th., We
respectfully request rent abatement until we can reopen for business.,
Please consider the financial contribution that RFS hails made to our city. In 2015 ten' deIrs
were out for the Reversing Falls building to be demolished. By revitalizing the site RFS
saved taxpayers $901,000 in estimated demolition cost and has, since paid $136,0001 in,
rent and $59,242 of property taollected $448,000 of HST as it generated
economic activit�y, provided jobs and welcomed visitors to Saint John.
Now faced with the extraordinary hardship of COVID-19 we plead for rent abatement.
Rent deferment would not suffice because the business is sufficiently challenging without
,io i0ebt bitir4eit, -�44ed.
Thank You,
Max Kotlowl
121
M&C No.
M&C 2020-97
Report Date
April 01, 2020
Meeting Date
April 06, 2020
Service Area
Finance and
Administrative Services
SUBJECT: Amendments to Discover Saint John 2020 Contract
REPORT
In light of the economic impact of the COVID-19 pandemic, the City foresees
significant impacts to the projected revenue from the Tourism Accommodation
Levy in 2020, which was intended to finance the City's payment obligation to
Discover Saint John under the 2020 Service Agreement. City staff has worked
with leadership from Discover Saint John to identify suitable contract
amendments to mitigate this potential financial liability on the City of Saint John.
Staff recommend:
1. That The City of Saint John enter into the Amending Agreement in the
form as attached to this report (M&C No. 2020-97) with Saint John
Destination Marketing Inc., and;
2. That the Mayor and Common Clerk be authorized to execute said
Amending Agreement.
`PA
April 1, 2020
Saint John Destination Marketing Inc.
PO Box 1971
Saint John NB E2L 4L1
Attention: Victoria Clarke, Executive Director
Ms. Clarke:
RE: Saint John Destination Marketing Inc. and The City of Saint John - 2020 Service
Agreement
This is further to the discussions that took place between you and city staff recently about the
impact of COVID-19 on the above noted Service Agreement, and is intended to confirm that
Saint John Destination Marketing Inc. agrees not to hold The City of Saint John to its payment
obligations for April 1st, July 1st, and October 1st, 2020 as currently stipulated at s. 2(1) of the
Service Agreement. This will also confirm that, in order to account for the impact of COVID-19
on the 2020 Tourism Accommodation Levy which finances the City's current payment
obligation under the Service Agreement and in order to avoid the City having to terminate the
Service Agreement, Destination Marketing also agrees to amend the Service Agreement to
modify the amount payable to Destination Marketing by the City as follows:
The City shall pay to Destination Marketing:
a) $593,200 plus HST, payable in 2 installments as follows:
a. $467,640.53 + HST on Jan. 1, 2020
b. $125,559.47 + HST on April 15, 2020 and
b) The accommodation levy collected in 2020, pursuant to the City's Tourism
Accommodation Levy By -Law less a 5% administration fee, to be paid monthly as the
levy for a given month is remitted pursuant to the By -Law.
Staff intends to present an Amending Agreement to Council which reflects the above at its
meeting on April 6, 2020. Since a meeting of Council will not be held today, April 1st, the date
at which the City's next payment is due under the current agreement, we ask that Destination
Marketing signify its consent to the above by signing and returning a copy of this
correspondence.
P.O. Box 1971John,d . EA 411 www.saintjo971. EA 4L1
`IN
If the City does not receive confirmation by return letter signed below before 6 pm today, then,
pursuant to section 18 of the 2020 Service Agreement, this shall serve as the City's 90 days
written notice to terminate the Agreement.
We believe it is in both parties' interest to amend the 2020 Service Agreement, rather than
terminate it, so as to alleviate the burden created by COVID-19. We look forward to your reply.
Regards,
John Collin
City Manager
Saint John Destination Marketing Inc. has read this letter and agrees with its content and the
proposed amendment to the Service Agreement.
Victoria Clarke
Executive Director
April 1, 2020
Date
April l , 2020
Date
2
Wzl
AMENDMENT No. 1
To
SERVICE AGREEMENT
THIS AGREEMENT made in duplicate this day of April, 2020;
BETWEEN:
THE CITY OF SAINT JOHN, a body corporate by Royal
Charter, confirmed and amended by Acts of the
Legislative Assembly of the Province of New
Brunswick, maintaining its City Hall at 15 Market
Square, Saint John, NB E2L 41_1 (the "City")
SAINT JOHN DESTINATION MARKETING INC., a
company incorporated under the laws of New
Brunswick having its head office at 15 Market
Square in the City of Saint John, in the province of
New Brunswick ("Destination Marketing")
aJAAkTA1 ]11A
A. The Parties entered into a Service Agreement effective January 1, 2020 for the purpose of
centralizing the City's tourist promotion function in one organization and engaging Destination
Marketing to promote and optimize the economic benefit from tourism for the City in the short
term (the "Agreement"). The Parties now wish to amend the Agreement in the manner set out
herein to reflect the impact of the COVID-19 pandemic on the Tourism Accommodation Levy,
collected pursuant the Saint John Tourism Accommodation Levy By -Law, which finances the
City's payment obligation under the Agreement.
B. The Parties therefore agree as follows:
Interpretation
1. Capitalized terms used but not defined in this Agreement shall have the respective
meanings given to them in the Agreement.
`091
Amendment No. 1 to Service Agreement
Amendment
2. The Parties agree to amend the Agreement as follows:
a) Section 1 is amended by:
i. Deleting the following at subsection 1(1)(g):
"and two additional Visitor Information Centres (collectively, the "Visitor
Information Centres") from the Victoria Day long weekend through to and
including the Labour Day long weekend"
ii. Deleting subsection 1(1)(j).
iii. Deleting the words "Centres" at subsection 1(6) and replacing them with
"Centre".
b) Section 2(1) is amended by deleting it and replacing it with the following:
"2(1) It shall pay to Destination Marketing in consideration for the provision of
Destination Management Functions the following:
a) $593,200 plus HST, payable in 2 installments as follows:
i. $467,640.53 + HST on Jan. 1, 2020;
ii. $125,559.47 + HST on April 15, 2020; and
b) The total amount of the accommodation levy collected for the
months of January to November 2020, pursuant to the City's
Tourism Accommodation Levy By -Law, less a 5% administration fee,
to be paid as follows:
i. For the levy collected for the months of January and
February 2020, payment shall be made on April 15, 2020;
ii. For the levy collected for the months of March to October,
2020, the levy shall be paid on the 15th of the month
following the month in which said levy is to be remitted to
the City under the Saint John Tourism Accommodation Levy
By -Law;
iii. For the levy collected for the month of November, the levy
shall be paid on December 31, 2020.
3. General Provisions
4. Except as expressly amended, modified and supplemented hereby, the provisions of the
Agreement are and remain in full force and effect and shall be read with this Agreement
mutatis mutandis.
`SOU
Amendment No. 1 to Service Agreement
5. This Agreement may be executed in counterparts, in which case (i) the counterparts
together shall constitute one agreement, and (ii) communication of execution by fax or
electronic transmission shall constitute good delivery.
6. This Amending Agreement is for the benefit of and binds the Parties and their successors
and permitted assigns.
IN WITNESS WHEREOF the Parties have executed this Agreement.
THE CITY OF SAINT JOHN
Mayor
Common Clerk
Common Council Resolution Date: April 6, 2020
SAINT JOHN DESTINATION MARKETING INC.
per
'/10
Duly authorized signing officer