Loading...
2021-06-14_Agenda Packet--Dossier de l'ordre du jour 5!Q/N/!Txfbsjoh!Jo!Dfsfnpoz!jo!Dpvodjm!Dibncfs /źƷǤ ƚŅ {ğźƓƷ WƚŷƓ /ƚƒƒƚƓ /ƚǒƓĭźƌ aĻĻƷźƓŭ Ʒŷ aƚƓķğǤͲ WǒƓĻ ЊЍͲ ЋЉЋЊ Committee of the Whole Њ͵ /ğƌƌ Ʒƚ hƩķĻƩ Si vous avez besoin des services en français pour une réunion de Conseil communal, veuillez contacter le bureau du greffier communal au 658-2862. Each of the following items, either in whole or in part, is able to be discussed in private pursuant to the provisions of subsection 68(1) of the Local Governance Act and Council / Committee will make a decision(s) in that respect in Open Session: Ɠķ ЍʹЌЉ Ʀ͵ƒ͵Ͳ Ћ CƌƚƚƩ .ƚğƩķƩƚƚƒͲ /źƷǤ Iğƌƌ 1.1!Approval of Minutes 68(1) 1.2!Financial Matter 68(1)(c) 1.3!Financial Matter 68(1)(c) 1.4!Legal Matter 68(1)(f,g) 1.5!Financial Matter 68(1)(c) 1.6!Nominating Committee 68(1)(b) Ville de Saint John Séance du conseil communal Lundi 14 juin 2021 18 h e 2 étage Salle du conseil communal, hôtel de ville Le public aura accès à la réunion par voie électronique 16 Comité plénier 1. Ouverture de la séance Si vous souhaitez obtenir des services en français pour une séance du conseil communal, veuillez communiquer avec le bureau du greffier communal au 658-2862. privé en vertu des dispositions prévues au paragraphe 68(1) de la \[ƚź ƭǒƩ ƌğ ŭƚǒǝĻƩƓğƓĭĻ ƌƚĭğƌĻ. Le conseil/comité prendra une ou des décisions à cet égard au cours de la séance publique : 16h30, Réunion tenue avec participation électronique 1.1!Approbation du procès-verbal 68(1) 1.2!Question financière 68(1)(c) 1.3!Question financière 68(1)(c) 1.4!Question juridique 68(1)(f,g) 1.5!Question financière 68(1)(c) 1.6!Comité de nomination 68(1)(b) Séance ordinaire 1. Ouverture de la séance 1.1!Reconnaissance du territoire 1.2 Hymne national 2. Approbation du procès-verbal 2.1 Procès-verbal du 17 mai 2021 5. 5.1 Accord de licence pour Fog Cutter Inc. Mobile Food-Unit (Recommandation dans le rapport) 5.2 Accord de licence pour BeaverTails Mobile Food Unit (Recommandation dans le rapport) 5.3 municipale 50, rue Princess (Édifice Ritchie) (Recommandation dans le rapport) 5.4 85,87 et 91 rue King et 7 Sherwood Drive (Recommandation dans le rapport) 5.5 Remplacement du revêtement extérieur et des vitres du bâtiment des opérations municipales : 175, avenue Rothesay (Recommandation dans le rapport) 5.6 Contrat 2021-11 : rue St. James (de la rue Prince William à la rue Germain) Remplacement pluviaux et réfection de la rue (Recommandation dans le rapport) 5.7 Accord de licence pour le Gahan Beer Garden sur la Place des Loyalistes (Loyalist Plaza) (Recommandation dans le rapport) 5.8 Achat de véhicules de remplacement pour le parc juin 2021 (Recommandation dans le rapport) 5.9 Annulation de la réunion du conseil communal (Recommandation dans le rapport) 5.10 Microsoft date de renouvellement (Recommandation dans le rapport) 5.11 Licence Peter Murray et à la patinoire Lord Beaverbrook (Recommandation dans le rapport) 5.12 Nominations dans les agences, conseils, commissions et comités (Recommandation dans le rapport) !! 6. 7. Proclamation 8. Délégations et présentations 9. Audiences publiques 10. Étude des arrêtés municipaux 10.1 Modification proposée au plan municipal 695, rue Somerset 10.2 Présentation publique Plan municipal proposé 60, Technology Drive 11. Interventions des membres du conseil 12. Affaires municipales évoquées par les fonctionnaires municipaux 12.1 La Commission Vérité et Réconciliation appelle à laction et à la reconnaissance des autochtones 12.2 Amélioration de la sécurité routière et du transport actif sur lavenue University 12.3 Site de Fundy Quay mise à jour sur le projet 13. Rapports déposés par les comités 14. Étude des sujets écartés des 15. Correspondance générale 15.1 D. James : Utilisation de caméras de feux rouges (Recommandation : Recevoir pour information) 16. Ordre du jour supplémentaire 17. Comité plénier 18. Déclarations 18.1 Processus de sélection du maire adjoint 19. Levée de la séance DPNNPO!DPVODJM!0!DPOTFJM!DPNNVOBM! Nbz!28-!3132!0!mf!28!nbj!3132! ! ! ! MINUTES REGULAR MEETING COMMON COUNCIL OF THE CITY OF SAINT JOHN May 17th, 2021 AT 6:00 PM nd 2 FLOOR COMMON COUNCIL CHAMBER Present: Mayor Don Darling Deputy Mayor Shirley McAlary Councillor-at-Large Gary Sullivan Councillor Ward 1 Blake Armstrong Councillor Ward 1 Greg Norton Councillor Ward 2 John MacKenzie Councillor Ward 3 Donna Reardon Councillor Ward 3 David Hickey Councillor Ward 4 David Merrithew Councillor Ward 4 Ray Strowbridge Also Present: City Manager J. Collin General Counsel M. Tompkins Fire Chief & Chief Emergency Management Services K. Clifford Chief of Staff & Chief Financial Officer K. Fudge Commissioner, Human Resources S. Hossack Commissioner, Public Works and Transportation Services M. Hugenholtz Commissioner, Utilities & Infrastructure Services B. McGovern Commissioner, Growth & Community Services J. Hamilton Director Legislative Services / City Clerk J. Taylor Deputy City Clerk P. Anglin Administrative Clerk R. Evans 1 DPNNPO!DPVODJM!0!DPOTFJM!DPNNVOBM! Nbz!28-!3132!0!mf!28!nbj!3132! 1. Call to Order Due to the COVID-19 Mandatory Order restriction protocols public access to the Council Chambers is restricted. To ensure public access and transparency the meeting is being livestreamed, concluded. 2. Approval of Minutes 2.1 Minutes of May 3, 2021 Moved by Councillor Merrithew, seconded by Councillor MacKenzie: RESOLVED that the May 3rd, 2021 meeting minutes be approved. MOTION CARRIED. th 2.2 Minutes of May 5, 2021 Moved by Councillor Sullivan, seconded by Councillor Reardon: th RESOLVED that the May 5, 2021 meeting minutes be approved. MOTION CARRIED. 3. Approval of Agenda Moved by Councillor Reardon, seconded by Councillor Hickey: th RESOLVED that the agenda of May 17, 2021 be approved with the addition of the following: !Attachment to item 5.9 Confidentiality and Non-Disclosure Agreement, !Addition of item 8.1 a recommendation from Committee of the Whole with respect to a Letter of Intent with LBR. MOTION CARRIED. 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 That as recommended by the City Manager in the submitted report M&C 2021- 124: Refrigeration System Upgrades - Various Arenas that: 1.!The tender submitted by Black & McDonald Limited, for the Refrigeration System Upgrades at the various Arenas in the amount of $240,235 plus HST be accepted. Further to the base tender amount, a contingency allowance be 2 DPNNPO!DPVODJM!0!DPOTFJM!DPNNVOBM! Nbz!28-!3132!0!mf!28!nbj!3132! included out for this project in the amount of $10,000 plus HST, for a total cost of $250,235 plus HST; and that the Mayor and City Clerk be authorized to execute the necessary contract documents; and 2.!That the City accept the offer by the Regional Development Corporation for Saint John - Council at its May 17, 2021 meeting and that the Mayor and City Clerk by authorized to execute the said offer. 5.2 That as recommended by the City Manager in the submitted report M&C 2021-146: Lower Roofs Replacement, City Market, Common Council approve the tender submitted by Dowd Roofing Inc, for the Replacement of the Lower Roofs at the City Market in the amount of $204,250.00 (plus HST) be accepted. Further to the base amount, it a contingency allowance be carried for this project in the amount of $20,000.00 plus HST, for a total amount of $224,250.00 plus HST; and that the Mayor and City Clerk be authorized to execute the necessary contract documents. 5.3 That as recommended by the City Manager in the submitted report M&C 2021- 147: Contract 2021-147: National Disaster Mitigation Program (NDMP) Funding Sub- Contribution Agreement; Common Council adopt the following: That the City enter into a Sub-Contribution Agreement with Her Majesty the Queen in Right of New Brunswick as represented by the Minister of Justice and Public Safety for -147; and that the Mayor and City Clerk be authorized to execute the necessary contract documents; and, Common Council approve the proposal from CBCL Limited for the Flood Risk Mitigation Strategy for Lower Cove Loop in the amount of $89,987.50 including HST be accepted and that the Mayor and City Clerk be authorized to execute the appropriate documentation in that regard. 5.4 That as recommended by the City Manager in the submitted report M&C 2021- 152: Contract 2021-07: Broadview Avenue (Charlotte Street to Carmarthen Street) - Water, Sanitary and Storm Sewer Renewal and Street Reconstruction the contract be awarded to the low tenderer, Galbraith Construction Ltd., at the tendered price of $1,151,535.25 (including HST) as calculated based upon estimated quantities, and further that the Mayor and City Clerk be authorized to execute the necessary contract documents. 5.5 That as recommended by the City Manager in the submitted report M&C 2021- 157: Fire Services Review Reserve Funding, Common Council approve the transfer of 3 DPNNPO!DPVODJM!0!DPOTFJM!DPNNVOBM! Nbz!28-!3132!0!mf!28!nbj!3132! $95,800.00 (plus applicable HST) from the General Fund Operating Reserves to fund the cost of the Fire Service Review as part of the approved restructuring plan. 5.6 That as recommended by the City Manager in the submitted report M&C 2021- 148: CCTV Restore Peel Parking Garage, 1.!Common Council approve the expenditure of funds of $63,855.71 plus HST to restore CCTV (closed-circuit television) functionality at the Peel Plaza Parking Garage, and; 2.!Authorize the City Manager to sign the quote from Atlantic Alarm and Sound Ltd. to indicate the prices, specifications and conditions are satisfactory and accepted; and to authorize work to begin. 5.7 That as recommended by the City Manager in the submitted report M&C 2021- 149: Emergency Alerts Voicemail and Text Services, Common Council approve that: 1.!The City expend $0.02 per voicemail and text message sent during an emergency event for emergency alert services from Twilio Inc. until the service is terminated within 30 days of written notice; and further 2.!ut emergency alerts 3.!That the Mayor and City Clerk be authorized to execute any necessary documents to effect the use of the Twilio emergency alert service. 5.8 That as recommended by the City Manager in the submitted report M&C 2021- 151: Statement of Work Agreement with Esri Canada, Common Council approve the Agreement Esri Canada Consulting Service Request Terms and Conditions between Esri professional services to restore ArcGIS Enterprise and that Mayor and City Clerk be authorized to execute the necessary documents. 5.9 That as recommended by the City Manager in the submitted report M&C 2021- 158: Non-Disclosure Agreement Between the City and Irving Pulp & Paper, Limited, Torchlight Bioresources Inc., and Rathco Ltd: 1.!The City of Saint John enter into a Non- information to be disclosed by The City of Saint John, IPPL, Torchlight, and Rathco in discussions amongst the foregoing pertaining to the possibility of a district energy system ("DES"); and further that 4 DPNNPO!DPVODJM!0!DPOTFJM!DPNNVOBM! Nbz!28-!3132!0!mf!28!nbj!3132! 2.!the Mayor and City Clerk be authorized to execute NDAs in a form substantially similar to the template agreement attached, in order to ensure the confidentiality of information as may be disclosed between The City of Saint John and other applicable parties in future discussions with such parties regarding a DES. 5.10 That as recommended by the City Manager in the submitted report M&C 2021- 159: Student Microsoft Licensing the City enter into an Agreement with Softchoice LP, an Ontario limited partnership, to purchase Office 365 on the Microsoft Cloud Solution -159; and that the Mayor and City Clerk be authorized to execute the necessary contract documents. 5.11 That as recommended by the City Manager in the submitted report M&C 2021- 155: Strategic Real Estate Capital Reserve Fund: BE IT RESOLVED that Common Council create a Strategic Real Estate Capital Reserve Fund, and that this fund is established from $1,625,899 received from Develop Saint John as part of its wind down on December 31, 2021; FURTHER BE IT RESOLVED that this fund be restricted for strategic real estate development opportunities in the City of Saint John, and that the City Manager be directed to return to Council with a policy on the parameters for spending from this fund. Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that the recommendation set out in each consent agenda item respectively, be adopted. MOTION CARRIED UNANIMOUSLY. 6. Proclamations 6.1 Disability Awareness Week May 30 to June 5, 2021 The Mayor proclaimed May 30 - June 5, 2021 Disability Awareness Week in the City of Saint John. 7. Consideration of Issues Separated from Consent Agenda 8. Committee of the Whole 8.1 Letter of Intent LBR Moved by Councillor MacKenzie, seconded by Councillor Reardon: RESOLVED that the City enter into a Letter of Intent with the Board of Trustees of the Lord Beaverbrook Rink at Saint John, Inc. for the purpose of adopting a License Agreement to 5 DPNNPO!DPVODJM!0!DPOTFJM!DPNNVOBM! Nbz!28-!3132!0!mf!28!nbj!3132! access the Peter Murray Arena in the form attached to M&C No. 2021-156; and that the Mayor and City Clerk be authorized to execute the necessary documents. MOTION CARRIED. 9. Members Comments Moved by Councillor MacKenzie, seconded by Councillor Reardon: RESOLVED that the Procedural Bylaw rules regarding speaking time limits be suspended to allow Council Members to speak longer than 3 minutes. MOTION CARRIED. Council Members commented on their term as elected officials on Common Council th coming to an end May 25 passing on the torch to a newly elected council and gave thanks to their family, colleagues, staff and the public for their support, contributions, hard work and sacrifices. 10. Adjournment Moved by Councillor Norton, seconded by Councillor Reardon: RESOLVED that the meeting of Common Council held on May 17, 2021 be adjourned. MOTION CARRIED. The Mayor declared the meeting adjourned at 7:16 p.m. 6 COMMON COUNCIL REPORT M&C No. 2021-161 Report Date May 26, 2021 Meeting Date June 14, 2021 Service Area General Counsel Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT: Licence Agreement for Fog Cutter Inc. Mobile Food-Unit AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Curtis Langille Melanie Tompkins John Collin RECOMMENDATION 1.!That the City enter into a Licence Agreement with Fog Cutter Inc. in the form as attached to M&C 2021-161; and further 2. That the Mayor and Common Clerk be authorized to execute the said Licence Agreement and all other documents ancillary thereto. EXECUTIVE SUMMARY Fog Cutter Inc. is a food vendor franchise that is seeking approval from the City to operate one of its mobile units for a period of three months on City owned land, adjacent to the Loyalist Plaza. Considering the COVID-19 pandemic and its impact on sales, Real Estate Services has not increased the rent for this season, other than a slight increase for providing electricity to the unit. The location for this unit will remain the same as last year, but will have a slightly shorter season due to the anticipated construction schedule for Loyalist Plaza and the Market Square Boardwalk, forming part of the Fundy Quay development. The remaining terms and conditions, which are set out in the attached Licence Agreement, are unchanged. PREVIOUS RESOLUTION N/A REPORT Fog Cutter Inc. wishes to locate its mobile food vendor unit on City owned property within the Loyalist Plaza area (see attached map) for a fifth consecutive year. With the exception of a slightly shorter season for the operation of the mobile food unit, the attached terms and conditions of the Licence are essentially - 2 - the same as per the previous year. If Council is in agreement, the proposed licence will facilitate the operation of Fog Cutter Inc. mobile unit once again for the 2021 season on City owned property. STRATEGIC ALIGNMENT Providing for entrepreneurial s in creating a livable community that is vibrant and diverse, while providing an integrated approach to economic development. SERVICE AND FINANCIAL OUTCOMES The Fog Cutter Mobile Unit situated in the Loyalist Plaza area will add to the vitality and comLicence will generate a total of $2,442.00 in rent for the full term. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Envision Saint John and Facilities Management have provided input into the preparation of this reportattached Licence and is satisfied with the Terms and Conditions of the agreement. ATTACHMENT Licence Agreement with Fog Cutter Inc Mobile Food Unit. COMMON COUNCIL REPORT M&C No. 2021-162 Report Date May 27, 2021 Meeting Date June 14, 2021 Service Area General Counsel Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT: Licence Agreement for BeaverTails Mobile Food Unit AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Curtis Langille Melanie Tompkins John Collin RECOMMENDATION 1.!That the City enter into a Licence Agreement with BeaverTails Commercial Inc. and Parent and Sons Investments Ltd. In the form as attached to M&C# 2021-162 , and further 2. That the Mayor and Common Clerk be authorized to execute the said Licence Agreement and all documents ancillary thereto. EXECUTIVE SUMMARY BeaverTails is a food vendor franchise that is seeking approval from the City to operate one of its mobile units for a period of 4 ½ months on City-owned land, adjacent to the Loyalist Plaza. Considering the COVID-19 pandemic and its impact on sales, Real Estate Services has not increased the rent for this season, other than a slight increase for providing electricity to the unit. The location for this unit will remain the same as last year, but will have a slightly shorter season due to the anticipated construction schedule for Loyalist Plaza and the Market Square Boardwalk forming part of the Fundy Quay development. The remaining terms and conditions, which are set out in the attached Licence Agreement (the , are unchanged. PREVIOUS RESOLUTION N/A REPORT BeaverTails wishes to locate one of its mobile units on City-owned property within the Loyalist Plaza area (see attached map) for a ninth consecutive year. With the exception of a slightly shorter season for the operation of the mobile food unit, the attached terms and conditions of the Licence are essentially the same as per - 2 - the previous year. If Council is in agreement, the proposed license will facilitate the operation of BeaverTails mobile unit once again for the 2021 season on City- owned property. STRATEGIC ALIGNMENT Providing for entrepreneurial core aids in creating a livable community that is vibrant and diverse, while providing an integrated approach to economic development. SERVICE AND FINANCIAL OUTCOMES The BeaverTails Mobile Unit situated in the Loyalist Plaza area will add to the vitality anLicence will generate a total revenue of $3,663.00 in rent for the duration of the term. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Envision Saint John and Facilities Management has provided input into the Licence and is satisfied with the Terms and Conditions of the agreement. ATTACHMENT Licence Agreement for BeaverTails Mobile Food Unit COMMON COUNCIL REPORT M&C No. 2021-170 Report Date June 09, 2021 Meeting Date June 14, 2021 Service Area General Counsel Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT: Easement for Pedestrian Access in Favour of Civic #50 Princess Street (Ritchie Building) AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Curtis Langille Melanie Tompkins John Collin RECOMMENDATION 1.!That the City grant an easement to 2753272 Ontario Inc. for Pedestrian Access over PID No. 304683 , such easement to be approximately 23.23 square metres (250 square feet), as generally shown on the Favour of Civic #50 Princess attached to M&C 2021-170, in consideration of the sum of $1,000.00 and subject to the following conditions: a)!That the Grantee, at its own cost, prepare any plan of survey required to depict the easement area and effect the conveyance; b)!That the Grantee, at its own cost, repaint the five parking spaces that must be relocated on the City Lands, as shown on the above noted sketch; c)!That the Grantee, at its own cost, place the necessary barriers, in accordance with requirements of the National Building Code of Canada, to protect the access to the Ritchie Building from the City Lands; d)!That the Grantee be responsible, at its own cost, for the maintenance of the easement area, including snow removal and any reinstatement and continued maintenance of the finished surface of the easement area; e)!That the Grantee pay for all registration and filing fees required by Service New Brunswick, if applicable, for the plan of survey and Grant of Easement; and - 2 - 2.!That the Mayor and City Clerk be authorized to execute the documents necessary to effect the conveyance of the easement. EXECUTIVE SUMMARY A numbered company, 2753272 Ontario Inc. recently purchased the property at civic #50 Princess Street (Ritchie Building) with plans of renovating the vacant upper floors and converting them into fourteen (14) new apartment units. The Ritchie building is 3 to 4 stories high and the upper floors have been vacant for more than 40 years. To achieve the intended increase in density, the architectural plans showing the design of the interior of the building require two new man- doors located on the south-side of the Ritchie building; one for tenant access to the upper floor residential units, and the other for a garbage disposal area. There is a third door which has been in existence for a number of years that provides access for one existing dwelling unit. The National Building Code of Canada requires the main-doors noted above to have access to a public thorough-fare, that being Canterbury Street. The City owns the adjoining lot, identified as PID No.304683 where the proponent requires an access from their building at civic #50 Princess Street. This lot is vacant and provides access to five (5) parking spaces on-site in addition to a driveway access to the property to the rear. Real Estate Services has negotiated with the owner of the Ritchie building to provide an easement for pedestrian access from their building to Canterbury Street, subject to the Terms and Conditions contained in the recommendation to Council. If Council is in agreement, adoption of the recommendation contained in this report will facilitate the required easement and provide for the renovation of the upper floors of the Ritchie building for 14 new residential units. PREVIOUS RESOLUTION N/A REPORT The lands proposed to be subject to the recommended easement have been owned by the City for a number of years. The purpose of this lot is mainly to provide access to the parking areas, located on adjoining properties to the rear of this lot. In addition, five parking spaces are situated on these lands, adjacent to the Ritchie building. The lot is further encumbered by a 3.66 metre wide utility easement that runs parallel to the south-side property boundary. There is very little value to this lot, other than what has been described above. The conditions we recommend be attached to the proposed easement will facilitate the requirements of the National Building Code that would provide for the required egress to and from the Ritchie building. The proponent will bear - 3 - the responsibility for all costs associated with the granting of this easement; including the preparation of a plan of survey, SNB registration and filling fees, re- painting the parking lines and any maintenance of the easement area, including snow removal. The proponent will also be responsible for a one-time $1,000.00 fee for consideration of this grant of easement. If approved, Building Inspection would be in a position to issue a building permit to allow the required renovations to move forward. The increase in density of residential units in the , increased tax base to the City and the enhanced utilization of the current, vacant upper floors of this building are a win/win situation for all involved. STRATEGIC ALIGNMENT Providing for entrepreneurial opportunities creating a livable community that is vibrant and diverse, while providing an integrated approach to economic development. SERVICE AND FINANCIAL OUTCOMES The addition of 14 town area will increase the desired density of this neighbourhood, while enhancing the vitality of this area and utilizing existing City services. This easement will generate a one time $1,000.00 in revenue to the City, while increasing the tax base to the City. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Growth and Community Services (Building Inspection and Planning) and the Saint John Parking Commission have provided input into the preparation of this report. is satisfied with the easement conditions and will draft the Grant of Easement which will reflect those conditions. ATTACHMENTS Њ͵ \[ƚĭğƷźƚƓ ağƦͳ ğƓķ Ћ͵ {źƷĻ ƦƌğƓ͵ COMMON COUNCILREPORT M&C No. 2021-132 Report Date June 08, 2021 Meeting Date June 14, 2021 Service Area Growth and Community Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT: Proposed Public Hearing Date 85-87 and 91 King Street and 7 Sherwood Drive AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Jennifer Kirchner Jacqueline Hamilton John Collin RECOMMENDATION RESOLVED That Common Council schedule the public hearing for the Zoning By- law amendment application submitted by Malcolm Boyd on behalf of W/L Holdings Inc. for the property located at 85-87 King Street (PID 00037093) and 91 King Street (PID 00039982) and a rezoning application submitted by Jordan Perry for the property located at 7 Sherwood Drive (PID 00324012), for Monday, August nd 23, 2021 at 6:30 p.m. at the Council Chamber, City Hall 2 floor, 15 Market Square, Saint John, NB with a virtual participation option. EXECUTIVE SUMMARY The purpose of this report is to advise Common Council of the Zoning By-law amendment application and the rezoning application received and to recommend an appropriate public hearing date. The next available public hearing date is Monday, August 23, 2021. PREVIOUS RESOLUTION At its meeting of August 3, 2004, Common Council resolved that: 1. the Commissioner of Planning and Development receive all applications for amendments to the Zoning By-law and Section 39 \[now referred as section 59\] resolutions/agreements and proceed to prepare the required advertisements; and 2. when applications are received a report will be prepared recommending the appropriate resolution setting the time and place for public hearings and be referred to the Planning Advisory Committee as required by the Community Planning Act. - 2 - REPORT In response to the motion above, this report indicates the applications received and recommends an appropriate public hearing date. Details of the applications are documentation at the public hearing. The following application has been received: Name of Location Existing Proposed Reason Applicant Zone Amendment Malcolm Boyd 85-87 King Uptown Amendment to To construct a on behalf of Street (PID Commercial Schedule G building W/L Holdings 00037093) (CU) (Central containing Inc. and 91 King Peninsula commercial Street (PID Maximum and 00039982) Building Height residential Map) of the uses. Zoning By-law to increase the building height from 28 metres and 42 metres to approximately 55 metres. Name of Location Existing Proposed Zone Reason Applicant Zone Jordan Perry 7 Sherwood Local Mid-Rise To remove a Drive (PID Commercial Residential (RM) commercial 00324012) (CL) zone use and to legalize 3 existing residential units. STRATEGIC ALIGNMENT While the holding of public hearings for proposed Zoning By-law amendments and rezoning are a legislative requirement of the Community Planning Act, it is also a key component of a clear and consistent land development processes envisioned in the One Stop Development Shop Program. These processes provide transparency and predictability for the development community and City residents. - 3 - On a broader note, the development approval process works towards fulfilling key Council priorities including: !ensuring Saint John has a competitive business environment for investment, !supporting business retention and attraction; and !driving development in accordance with PlanSJ which creates the density required for efficient infrastructure, services, and economic growth. SERVICE AND FINANCIAL OUTCOMES The scheduling of the public hearing and referral to the Planning Advisory Committee satisfies the legislative and service requirements as mandated by the Community Planning Act. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS N/A ATTACHMENTS None COMMON COUNCILREPORT M&C No. 2021-165 Report Date June 08, 2021 Meeting Date June 14, 2021 Service Area Utilities and Infrastructure Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT: Municipal Operations Office Building Cladding and Glazing Replacement: 175 Rothesay Avenue OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager 3 ¬¨± 9 ¬¬¨­¤ *ȁ "±¤­³ -¢'®µ¤±­ *®§­ #®««¨­ RECOMMENDATION It is recommended that the tender submitted by Eclipse Construction Services Ltd., for the Cladding and Glazing Replacement at the Municipal Operations Office Building in the amount of $445,826.47 (plus HST) be accepted. Further to the base tender amount, it is recommended that a contingency allowance be included out for this project in the amount of $40,000 plus HST, for a total cost of $485,826.47 plus HST. Additionally, it is recommended that the Mayor and Common Clerk be authorized to execute the necessary contract documents. EXECUTIVE SUMMARY The purpose of this report is the Cladding and Glazing Replacement at the Municipal Operation Office Building to the lowest compliant bidder. PREVIOUS RESOLUTION NA STRATEGIC ALIGNMENT The Cladding and Glazing Replacement at the Municipal Operation Complex Building is clearly aligned with the Councilinvest in sustainable City services and municipal infrastructure as well as with the Asset Management Policy to minimize risk to the Level of Service (LOS). REPORT second-floor windows are over 36 years old and are in poor condition. observable from the street. The metal siding presents rust, blemishes, discoloration, and damaged surfaces at all metal cladding surfaces. Rust issues are primary among the observable deficiencies, particularly at the surface of the metal cladding of the south and west facing elevations. The scope consists of the following: Removal of horizontal metal siding, flashings, and accessories to facilitate the installation of z-bar designed to support new metal cladding and composite panels. Removal of existing glazing at the second-floor level. Install new metal cladding. Install new glazing SERVICE AND FINANCIAL OUTCOMES The total cost to complete the work for the Cladding and Glazing Replacement at the Municipal Operation Complex Building, if awarded to the lowest bidder as recommended, will be $506,648.97 Including HST Rebate and $40,000 contingency. The pre-tender budget for the work was estimated at $495,000 plus HST not including contingency. Cost of this project is funded under the Covid-19 Resilience Infrastructure Stream Funding and the City General 2021 Capital Program. The analysis is as follows: Capital Budget: $105,000 Covid-19 Funding Stream: $418,600 Project net cost: $506,648.97 Variance (Under Budget): $16,951.03 INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS th A public tender call was issued on May 14, 2021 and closed on June 1, 2021. Two (2) companies responded to the tender call by submitting bids. The results are as follows (excluding HST): COMPANY NAME TENDER PRICE* Eclipse Construction Services Ltd. $ 445,826.47 Avondale Construction Ltd. $ 513,000.00 *Exclusive of HST Staff of Supply Chain Management have reviewed the tenders and have found them to be complete and formal in every regard. Staff believes that the low tenderer has the necessary resources and expertise to perform the work and recommend acceptance of their tender. The above pSupply Chain Management support the recommendation being put forth. ATTACHMENTS N/A /haahb /h…b/L\[w9thw M&C No. 2021-167 Report Date June 08, 2021 Meeting Date June 14, 2021 Service Area Utilities and Infrastructure Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT: /ƚƓƷƩğĭƷ ЋЉЋЊΏЊЊʹ {Ʒ͵ WğƒĻƭ {ƷƩĻĻƷ ΛtƩźƓĭĻ ‘źƌƌźğƒ {ƷƩĻĻƷ Ʒƚ DĻƩƒğźƓ {ƷƩĻĻƷΜ ‘ğƷĻƩͲ {ğƓźƷğƩǤ ğƓķ {ƷƚƩƒ {ĻǞĻƩ wĻƓĻǞğƌ ğƓķ {ƷƩĻĻƷ wĻĭƚƓƭƷƩǒĭƷźƚƓ AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager J. Brent McGovern / John Collin Michael Baker RECOMMENDATION It is recommended that Contract 2021-11: St. James Street (Prince William Street to Germain Street) Water, Sanitary and Storm Sewer Renewal and Street Reconstruction be awarded to the low tenderer, TerraEx Inc., at the tendered price of $515,539.25 (including HST) as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. EXECUTIVE SUMMARY The purpose of this report is to recommend that Council award Contract 2021-11: St. James Street (Prince William Street to Germain Street) Water, Sanitary and Storm Sewer Renewal and Street Reconstruction to the low Tenderer. PREVIOUS RESOLUTION February 22, 2021: M&C 2021-051 Utility and General Fund Revised 2021 Capital Programs approved. May 3, 2021: M&C 2021-135 Utility and General Fund 2021 Capital Programs Revision II approved. - 2 - REPORT BACKGROUND The approved 2021 General Fund and Water and Sewerage Utility Fund Capital Programs include funding for the reconstruction of St. James Street from Prince William Street to Germain Street. The work involves the replacement of the existing watermain and sanitary sewer, installation of a new storm sewer for separation and full street reconstruction including new concrete curb, concrete sidewalk, grass medians, roadway granulars, asphalt, trees, and signage. TENDER RESULTS Tenders closed on June 1, 2021, with the following results, including HST: 1. TerraEx Inc., Saint John, NB $515,539.25 2. Dexter Construction Company Limited, $595,466.55 Saint John, NB 3. Fairville Construction Ltd., Saint John, NB $627,371.00 4. Galbraith Construction Ltd., Saint John, NB $699,617.75 567,449.10, including HST. ANALYSIS The tenders were reviewed by staff and all were found to be formal in all respects. Staff is of the opinion that the low tenderer has the necessary resources and expertise to perform the work and recommend acceptance of their tender. FINANCIAL IMPLICATIONS The Contract includes work that is charged against the 2021 General Fund and Water and Sewerage Utility Fund Capital Programs. This project is partially funded by the Integrated Bilateral Funding program. Assuming award of the Contract to the low tenderer, an analysis has been completed which includes the estimated amount of work that will be performed by the Contractor and Others. The analysis is as follows: Budget $ 621,000 Project net cost $ 591,500 Variance (surplus) $ 29,500 - 3 - POLICY TENDERING OF CONSTRUCTION CONTRACTS The recommendation in this report is made in accordance with the provisions of Specifications, and the specific project specifications. STRATEGIC ALIGNMENT This report rity for Valued Service Delivery, specifically as it relates to investing in sustainable City services and municipal infrastructure. Throughout the preliminary design development in 2020 the engineering team worked closely with Transportation Services and Growth and Community Services to ensure all municipal plans, policies and by-laws were adhered to during preliminary design development. Transportation Services and Growth and Community Services were involved in the full review process (Preliminary design to Final Design) throughout the design development. Currently, the Saint John Traffic By-Law permits alternate side parking (switching twice monthly) on this section of St. James Street. The on-street parking is utilized by the area residents through the Residential Zone Parking Permit program. It was determined through the preliminary design process with Transportation Services that on street parking would be incorporated in the design as it is utilized by area residents for parking their vehicles. The street is also one-way with traffic flowing in a westerly direction. The reconstructed street will allow for the two 2.4m wide parking lanes (alternating sides) and a travel lane width, including allowance for snow storage. For this project, a review of the Central Peninsula Secondary Plan (The Plan) was completed. The Plan contains several Policies and Proposals relating to the Central Peninsula. Throughout the engagement process in developing the Plan, more street trees and greening was identified as a community priority. With respect to St. James Street, the Plan has identified the conditions on the street as substandard; there are numerous vacant lots and derelict buildings and the street lacks greenery. It has identified the need for public investment along St. James Street to encourage infill development and improvements to the existing housing stock to reposition the street as an important and attractive corridor. The Plan contains the following Policies and Proposals relating to St. James Street: Policy: SE-3 Reposition St. James Street as an important east-west corridor thereby facilitating reinvestment Proposals: 6. Complete the gaps in the fabric along St. James Street through infill development. - 4 - 7. Promote the redevelopment of the St. John the Baptist/King Edward School site as new residential development. Ensuring the development of the new school and the implementation of the Secondary Plan are coordinated and mutually supportive will be critical to the realization of the Vision. 8. Encourage the adaptation, expansion, or redevelopment of the commercial-industrial building on the block bounded by Wentworth, St. James, Carmarthen, and Queen Streets as contemporary community hub, which may include such facilities as health clinics, learning centres, gathering spaces, and other neighbourhood assets. 9. On the same block, encourage the development of residential infill such as townhouses along Carmarthen Street between St. James Street and Queen Street to increase density, housing stock, and repair the street at the west end of St. James Street. 10. Extend Germain Street to connect with Lower Cove Loop to re- establish the grid pattern of streets and open up more land for residential development by contemplating a stop up and closure of Ross Street. 11. Create an enhanced streetscape and public realm along St. James Street to encourage investment and improve pedestrian conditions. The reconstruction of this section of St. James Street supports the above through the replacement of asphalt curbs with concrete curbs and asphalt sidewalks with new concrete sidewalks, new grass medians and the planting of street trees. For the one vacant lot for this section of St. James Street water, sanitary and storm services will be installed to the property line in an attempt to ensure the street does not need to be excavated in the future for development at this vacant lot. In addition, access ramps will be installed in the sidewalks at pedestrian crossings that will be flush to the asphalt roadway surface to remove any barriers to access by all users of the pedestrian transportation infrastructure. The plans to improve the accessibility for pedestrians and the plans for additional this reconstruction project is supported by MoveSJ. The draft MoveSJ Cycling Strategy aligns closely with the Central Peninsula Secondary Plan by identifying several north-south and east-west Active Transportation (AT) corridors through the Peninsula. Lower Cove Loop and Broad Street are identified as an east-west Active Transportation corridor, building off the vision for Harbour Passage around the Peninsula. Although cyclists will continue to be permitted to use St. James Street, the envisioned AT investment in the nearby Lower Cove Loop/ Broad Street corridor means there is not the expectation as part of MoveSJ that specific cycling infrastructure needs to be incorporated into the St. James Street design. - 5 - SERVICE AND FINANCIAL OUTCOMES The municipal infrastructure on this street is in poor condition and requires replacement. The renewal of the infrastructure will reduce the likelihood of future service disruptions to the residents due to infrastructure failures. The storm water and sanitary sewer flows will also be separated on this section of St. James Street. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS This report was reviewed with Public Works and Transportation Services. ATTACHMENTS N/A COMMON COUNCIL REPORT M&C No. 2021-163 Report Date June 01, 2021 Meeting Date June 14, 2021 Service Area General Counsel Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT: Licence Agreement for Gahan Beer Garden at Loyalist Plaza AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Curtis Langille Melanie Tompkins John Collin RECOMMENDATION 1.!That the City enter into a Licence Agreement with Murphy Investments Ltd./Gahan Saint John Inc. in the form as attached to M&C 2021-163; and further 2. That the Mayor and Common Clerk be authorized to execute the said Licence Agreement and all other documents ancillary thereto. EXECUTIVE SUMMARY Murphy Investments Ltd./Gahan Saint John Inc. (Gahan) is seeking approval from nd the City to operate for a 2 consecutive season, a beer garden at Loyalist Plaza. The facility would operate for a period of three months on the same premises as last year. Considering the COVID-19 pandemic and its impact on sales, Real Estate Services has not materially increased the rent for this season; there is a slight increase in rent for providing electricity to the business. The location for this beer garden will remain the same as last year but will have a slightly shorter season due to the anticipated construction schedule for Loyalist Plaza and the Market Square Boardwalk, forming part of the Fundy Quay development. The terms and conditions, which are set out in the attached Licence Agreement, remain largely the same as the previous year. PREVIOUS RESOLUTION N/A - 2 - REPORT The Gahan Beer Garden operated last season at Loyalist Plaza. It was well supported by patrons and added vibrancy to the Market Square/Boardwalk area. Initially, it was anticipated this season that the Boardwalk and Loyalist Plaza area would be under construction as part of the Fundy Quay development; however, that construction timeline has been pushed to September, at the earliest. As a result, the City is in a position to offer a licence for the Gahan Beer Garden to operate again this year. Since the Covid-19 pandemic is still ongoing, staff have not increased the rent over last season to mitigate a potential impact on sales. The Terms and Conditions under which Gahan operated last season will remain essentially the same for this year, except that cost of the power utility required to operate the business will be added to the rent being collected. STRATEGIC ALIGNMENT creating a livable community that is vibrant and diverse, while providing an integrated approach to economic development. SERVICE AND FINANCIAL OUTCOMES The Gahan Beer Garden situated in the Loyalist Plaza area will add to the vitality total of $4,362.00 in rent for the full term. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Envision Saint John and Facilities Management have provided input into the Licence and is satisfied with the Terms and Conditions of the agreement. ATTACHMENT Licence Agreement with Murphy Investments Ltd./Gahan Saint John Inc. for Beer Garden. /h…b/L\[w9thw M&C No. 2021-176 Report Date June 07, 2021 Meeting Date June 14, 2021 Service Area Public Works and Transportation Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT: Fleet Replacement Procurement June 2021 OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author(s) Commissioner/Dept. Head City Manager Kevin Loughery / Michael Hugenholtz / John Collin Chris Roberts Jeff Hussey RECOMMENDATION It is recommended that Common Council award the purchase of three (3) half ton, four-wheel drive extended cab pick-up trucks and two (2) three-quarter ton, four-wheel drive extended cab pick-up trucks at a total cost of $290,564.00 plus HST to Downey Ford Sales Ltd. EXECUTIVE SUMMARY The City of Saint John manages a fleet rolling stock of approximately 290 units. EManagement Division works with various City departments to identify and replace units which have reached the end of their useful service lives. The purpose of this report is to make recommendations to award the latest proposed units which require Common Council approval. The City currently has over 75 units past their optimal replacement point (ORP, a calculation based on the age of a unit, the odometer reading, overall condition and maintenance cost) and this year, 36 units (some of which are the least reliable and most expensive to maintain) processes. PREVIOUS RESOLUTION Not applicable. - 2 - REPORT Of the 290 rolling stock units, Fleet Management manages approximately 94 pickup trucks utilized by various City of Saint John departments and commissions. These people units, equipment units and toolbox units perform a wide variety of tasks; crew movers, supervisors, mini-packers, mini-dump, rescue, line painting, sign installation, crane, boom and bucket, locates, fleet pool, etc. Below is a breakdown of Service Area allocations, as well as the payload capacity of the units. Total Current Pick-Up Units Saint John Police Force 01020304050 Fire andPublic Works Utilities and EmergencySaint John PoliceAnd Infrastructure MangementForceTransportation Services Payload ServicesServices Capacity 150 / 1500 311622 250 / 2500 30215 350 / 3500 0051 450 / 4500 00147 550 / 5500 3110 The five (5) pick-up trucks in this recommendation are to replace five (5), like for like, units; 411,434, 438, 410, and 428. - 3 - Maintenance Cost $45,000.0020.5 20 $40,000.00 19.5 $35,000.00 19 $30,000.00 18.5 $25,000.00 18 $20,000.00 17.5 $15,000.00 17 $10,000.00 16.5 $5,000.00 16 $-15.5 438 -410 - 428 -434 -411 - 20112015 201420132013 GMCFORD DODGEFORDFORD CANYOF250 RAMSUPERCSUPERC N W/EXT. 1500 STAB 4X4AB 4X4 BOX CACAB Lifetime $19,796.2$38,868.4$28,794.1$37,251.7$26,035.6 Last Three Years $12,026.7$22,960.8$21,306.1$26,473.8$17,707.4 ORP # 2019191817 Of the five (5) units being replaced, three (3) units will be sent to directly to auction and two (2) units will be cycled / removed from active use and held to offset 2022 summer rental period. Once the 2022 summer rental period is over, the two (2) remaining units will be sent to auction. The unit specifications used in this RFP process have been previously utilized for past recent purchases and should allow for a closer standardization of the fleet, should reallocation be required. The tentative delivery date on the new five (5) pick-up trucks is 52 weeks. PREVIOUS RESOLUTION Not applicable. STRATEGIC ALIGNMENT as it relates to investing in sustainable City services and municipal infrastructure. SERVICE AND FINANCIAL OUTCOMES This purchase is a planned replacement of existing fleet units, approved in the 2021 capital budget. The funds specifically are provided for in the Water Fleet Reserve, funded from the respected operating budgets. - 4 - The specifications allow for vendors to submit proposals of new and/or used equipment to be evaluated using common criteria. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS SUPPLY CHAIN MANAGEMENT Supply Chain Management facilitated two (2) Request for Proposal (RFP) processes to solicit proposals for: 1.!Pick-Up Truck: Half Ton Four Wheel Drive Extended Cabs 2.!Pick-Up Truck: Three-Quarter Ton Four Wheel Drive Extended Cabs As such the two (2) RFP processes closed on May 27, 2021 with the following proponents responding by submitting proposals: The first RFP for Pick-Up Truck: Half Ton Four Wheel Drive Extended Cabs: COMPANY NAME RFP PRICE* Downey Ford Sales Ltd. $54,950.00 *Exclusive of HST The second RFP for Pick-Up Truck: Three-Quarter Ton Four Wheel Drive Extended Cabs: COMPANY NAME RFP PRICE* Downey Ford Sales Ltd. $62,857.00 *Exclusive of HST A review committee, consisting of staff from Supply Chain Management, Utilities and Infrastructure Services and Fleet Services reviewed the submissions for completeness and compliance with the RFP requirements and selection criteria consisting of the following: 1. Presentation and Quality of Proposal 2. Compliance with Specifications 3. Delivery Timeframe 4. Service Response Time 5. Value Added 6. Cost ndard procedures, the committee merits. Following this, the financial bids were opened and evaluated, and corresponding scores were added to the technical scores. Downey Ford Sale overall rating of the evaluation criteria offering strong overall solutions for the City at the lowest cost. - 5 - Supply Chain Management support the recommendations being put forth. ATTACHMENTS None /haahb /h…b/L\[ w9thw M&C No. 2021-168 Report Date June 08, 2021 Meeting Date June 14, 2021 Service Area Legislative Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT: /ğƓĭĻƌƌğƷźƚƓ ƚŅ /ƚƒƒƚƓ /ƚǒƓĭźƌ aĻĻƷźƓŭ AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Jonathan Taylor John Collin RECOMMENDATION That the Common Council Meeting scheduled for Monday, August 9, 2021 be cancelled. REPORT Council and Committee of the Whole meeting are schedule on Monday evenings on a bi-weekly basis. Staff is recommending that the Common Council meeting scheduled for Monday, August 9, 2021 be cancelled to facilitate summer vacation time and assist with workload management. An additional Common Council meeting can be scheduled at another time, should the need arise. PREVIOUS RESOLUTION n/a STRATEGIC ALIGNMENT n/a SERVICE AND FINANCIAL OUTCOMES n/a INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS n/a ATTACHMENTS ЋЉЋЊ wĻǝźƭĻķ /ƚƒƒƚƓ /ƚǒƓĭźƌ {ĭŷĻķǒƌĻ PROPOSED 2021 COMMON COUNCIL MEETING SCHEDULE oe! Sfhvmbs!Dpvodjm!nffujoht!dpnnfodf!bu!7;11!qn!jo!uif!Dpvodjm!Dibncfs-!3Gmpps-!Djuz!Ibmm/! ! oe! Dpnnjuuff!pg!uif!Xipmf!dpnnfodf!bu!5;41!qn!jo!uif!3Gmpps!Cpbsesppn!pg!Djuz!Ibmm!boe!qsfdfef!uif! sfhvmbs!Dpvodjm!nffujoht/! ! Kbovbsz!5-!3132!Op!nffujoh! Kbovbsz!22-!3132!REGULAR MEETING PUBLIC HEARING Kbovbsz!29-!3132!Op!nffujoh!tdifevmfe!!pomz!jg!sfrvjsfe! Kbovbsz!36-!3132!REGULAR MEETING Gfcsvbsz!2-!3132!Op!nffujoh!tdifevmfe!!pomz!jg!sfrvjsfe! Gfcsvbsz!9-!3132!REGULAR MEETING PUBLIC HEARING Gfcsvbsz!27-!3132!)Uvftebz*!Op!nffujoh!tdifevmfe!!pomz!jg!sfrvjsfe! Gfcsvbsz!33-!3132!REGULAR MEETING Nbsdi!2-!3132!Op!nffujoh!tdifevmfe!!pomz!jg!sfrvjsfe! Nbsdi!9-!3132!REGULAR MEETING PUBLIC HEARING Nbsdi!26-!3132!Op!nffujoh!tdifevmfe!!pomz!jg!sfrvjsfe! Nbsdi!33-!3132!REGULAR MEETING Nbsdi!3:-!3132!Op!nffujoh!tdifevmfe!!pomz!jg!sfrvjsfe! Bqsjm!7-!3132!)Uvftebz*!REGULAR MEETING PUBLIC HEARING Bqsjm!23-!3132!Op!nffujoh!tdifevmfe!!pomz!jg!sfrvjsfe! Bqsjm!2:-!3132!REGULAR MEETING Bqsjm!37-!3132!Op!nffujoh!tdifevmfe!!pomz!jg!sfrvjsfe! Nbz!4-!3132!REGULAR MEETING Nbz!21-!3132!MUNICIPAL ELECTION - NO MEETING Nbz!28-!3132!SFHVMBS!NFFUJOH! Nbz!36-!3132!)Uvftebz*!MUNICIPAL ELECTION RESULTS NO MEETING Nbz!42-!3132!Op!nffujoh!tdifevmfe! Kvof!8-!3132!SWEARING-IN CEREMONY Kvof!25-!3132!REGULAR MEETING PUBLIC HEARING Kvof!32-!3132!Op!nffujoh!tdifevmfe!!pomz!jg!sfrvjsfe! Kvof!39-!3132!REGULAR MEETING Kvmz!6-!3132!Op!nffujoh!tdifevmfe!!pomz!jg!sfrvjsfe! Kvmz!23-!3132!REGULAR MEETING PUBLIC HEARING Kvmz!2:-!3132!Op!nffujoh!tdifevmfe!!pomz!jg!sfrvjsfe! Kvmz!37-!3132!REGULAR MEETING Bvhvtu!4-!3132!)Uvftebz*!Op!nffujoh!tdifevmfe!!pomz!jg!sfrvjsfe! Bvhvtu!:-!3132!MEETING CANCELLED Bvhvtu!27-!3132!Op!nffujoh!tdifevmfe!!pomz!jg!sfrvjsfe! Bvhvtu!34-!3132!REGULAR MEETING PUBLIC HEARING Bvhvtu!41-!3132!Op!nffujoh!tdifevmfe!!pomz!jg!sfrvjsfe! Tfqufncfs!8-!3132!)Uvftebz*!REGULAR MEETING PUBLIC HEARING Tfqufncfs!24-!3132!Op!nffujoh!tdifevmfe!!pomz!jg!sfrvjsfe! Tfqufncfs!31-!3132!REGULAR MEETING Tfqufncfs!38-!3132!Op!nffujoh!tdifevmfe!!pomz!jg!sfrvjsfe! Pdupcfs!5-!3132!REGULAR MEETING PUBLIC HEARING Pdupcfs!23-!3132!)Uvftebz*!Op!nffujoh!tdifevmfe!!pomz!jg!sfrvjsfe! Pdupcfs!29-!3132!REGULAR MEETING Pdupcfs!36-!3132!Op!nffujoh!tdifevmfe!!pomz!jg!sfrvjsfe! Opwfncfs!2-!3132!REGULAR MEETING PUBLIC HEARING Opwfncfs!9-!3132!Op!nffujoh!tdifevmfe!!pomz!jg!sfrvjsfe! Opwfncfs!26-!3132!REGULAR MEETING Opwfncfs!33-!3132!Op!nffujoh!tdifevmfe!!pomz!jg!sfrvjsfe! Opwfncfs!3:-!3132!REGULAR MEETING PUBLIC HEARING Efdfncfs!7-!3132!Op!nffujoh!tdifevmfe!!pomz!jg!sfrvjsfe! Efdfncfs!24-!3132!REGULAR MEETING Efdfncfs!31-!3132!Op!nffujoh!tdifevmfe!!pomz!jg!sfrvjsfe! Efdfncfs!38-!3132!Op!nffujoh! ! ++!!Qspdfevsf!Cz.mbx!bmmpxt!gps!uif!tdifevmjoh!pg!b!Dpvodjm!boe0ps!Dpnnjuuff!pg!uif!Xipmf! nffujoh-!bt!sfrvjsfe-!po!uif!bmufsobujwf!Npoebz!pg!uif!sfhvmbsmz!tdifevmfe!Dpvodjm!nffujoh/! COMMON COUNCIL REPORT M&C No. 2021 - 169 Report Date June 09, 2021 Meeting Date June 14, 2021 Service Area Strategic Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT: Microsoft Business and Services Agreement Renewal Update OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Stephanie Rackley-Roach Kevin Fudge John Collin RECOMMENDATION The City Manager recommends that: 1.!Common Council approve the unforeseen, one-time additional expenditure , as required, for enhanced Microsoft security in the amount up to $188,856.72 plus HST; 2.!The City amend the three (3) year-term Enterprise Enrollment Agreement with Microsoft Corporation for Volume Licensing Renewal of Mfor years 2 and 3 as outlined in the forms attached to M&C 2021-169; and 3.!That the Mayor and City Clerk be authorized to execute the necessary documents from Microsoft (attached) and documents ancillary thereto. EXECUTIVE SUMMARY Common Council approved a three (3) year Enterprise Enrollment Agreement on June 8, 2020. The intention of the Agreement was to purchase Microsoft licenses that would allow the City to migrate to an Office 365 environment (i.e., a hosted solution) over the next three years. With the cyberattack experienced on November 13, 2020, the City was forced to accelerate the implementation of Office 365 within weeks to restore the network, critical applications, and data. The original Agreement included basic profile as it relates to cyberattacks, it was recommended that the City implement - 2 - enhanced security licenses. In addition to features that prevent dangerous links and malicious attachments from entering an organization via email and other tools, the enhanced security provides more intelligent threat protection, investigation, and response. It also allows for more flexibility to configure the Cityconditional access and other security protocols. The annual cost in the original Agreement was $238,490.16 plus HST. Working with Softchoice, the Microsoft Vendor, a business case was created to ensure that the City was properly licensed for years 2 and 3 of the Agreement to support public service delivery and meet security requirements. The new annual cost is $427,346.88 plus HST, an additional cost of $188,856.72 plus HST. Since the network was restored, the City has been purchasing monthly security as an interim solution for each user. The projected annal cost of this interim solution is approximately $302,784 plus HST (based on 950 users). Once the new Microsoft Agreement is in place the City will no longer be paying for the interim monthly solution. The City will submit a portion of the monthly costs paid to date for security as part of the insurance claim. PREVIOUS RESOLUTION Resolved June 8, 2020: That as recommended by the City Manager in the submitted report M&C 2020- 87: Microsoft Business and Services Agreement Contract Renewal, Common Council adopt the following: 1.!The City enter into a three (3) year term Enterprise Enrollment Agreement software as outlined in the forms attached to M&C 2020-87; and 2.!That the Mayor and Common Clerk be authorized to execute the necessary documents from Microsoft (submitted). REPORT current A by Common Council on June 8, 2020. The Agreement at that time was for three (3) years and developed to prepare the City to migrate to Microsoft Office 365. The City and its Commissions use a number of Microsoft software products including: !Operating Systems (OS) for over 700 desktop computers, laptops, and tablets; !Microsoft Office Suite (e.g., Word, Excel, PowerPoint); - 3 - !Operating Systems for servers (e.g., computers that run applications, storage); and !Application software (e.g., email, SharePoint, Teams, and databases). The software listed above enables approximately 950 users to deliver public service. This software powers and enables City communication and collaboration systems (i.e., through email and Teams), financial systems, protective services (i.e., 911 dispatch, Police records, Fire Resource Management), road maintenance tracking, Saint John Water utility infrastructure monitoring and design, property planning, and Council agendas for the citizens of Saint John. It is important that these enabling technologies remain secure, up to date, and operating. On November 13, 2020, the City of Saint John experienced a cyberattack. The scope of the attack was wide- IT infrastructure. As part of the forensic investigation, a decision was made to team with the Agreement to start the rebuild (i.e., set up users, emails, servers). The original Agreement did not include enhanced security licenses required to better protect the City against cyberattacks and mitigate damage should an attack occur. Basic security was included only as it typically takes several years to move from an on-premise (i.e., local installation) to a hosted (i.e., cloud) solution. However, with the need to quickly as possible, enhanced security licenses were purchased through annual renewal process to include enhanced security as part of the Agreement. The original Agreement included Advanced Threat Protection that works to prevent dangerous links and malicious attachments from entering an organization via email and other tools (i.e., SharePoint, OneDrive, and Teams). On the occasion that Office 365 ATP somehow fails to intercept these dangers, the automated investigation and response feature will kick in and remediate the breach. These security features are considered basic. The security licensing included in the renewal of the Microsoft Agreement for years 2 and 3 is enhanced. This plan affords an organization the same functionality as ATP, plus more intelligent features related to threat protection, investigation, and response. It also supports more complex configuration for conditional access (i.e., who can and cannot access the network) and compliance management. When considering an organization cybersecurity risk profile, enhanced Microsoft security is considered an industry best practice. Governments and large organizations are at a higher risk for cyberattacks. Organizations that have been attacked once, with public communication of the event and severity, are at an even greater risk of experiencing subsequent attacks. While organizations can - 4 - secure their systems to prevent attacks, , n organization is attacked. Microsoft is considered the best security solutions provider and the implementation of enhanced security is just one component of a strong cybersecurity program. STRATEGIC ALIGNMENT One of Common improvement to drive operational efficiencies. The Microsoft contract renewal achieves this by right-sizing the licensing and security requirements for an organization as complex as the City of Saint John. This includes both the City and Police security requirements. SERVICE AND FINANCIAL OUTCOMES orking with Softchoice and Microsoft, the City was able to gain additional flexibility in securing Microsoft licensing that would enable service areas to deliver public service cost-effectively with enhanced security. The Agreement approved by Common Council in 2020 outlined an annual cost of $238,490.16 plus HST. With the inclusion of enhanced security for the remaining years of the agreement (i.e., years 2 and 3), the cost has increased to $427,346.88 plus HST. The increased cost is $188,856.72 plus HST. The requirement for enhanced Microsoft security was not foreseen at the time Common Council approved the 2021 operating budgets. Enhanced security features were implemented given the accelerated migration to Office 365 to rebuild network services necessitated as a result of the cyberattack on November 13, 2020. Working with the Finance Team, these increased costs will be offset with surpluses in the operating budgets. However, if projected surpluses cannot cover the full increase in cost of Microsoft licensing of $188,856.72 plus HST, the additional funds will The operating reserve contains funds set aside to address costs related to unexpected and/or emergency events. Any funds required from the operating reserve for enhanced security costs in 2021 may be replaced with monies recovered from the insurance claim. The City is currently paying $26.56 plus HST per user each month for the enhanced security through Bulletproof. With approximately 950 users onboarded to the C, an annual cost for enhanced security on a monthly basis is approximately $302,784 plus HST. Converting enhanced security into the Microsoft Agreement creates annual savings of $124,562.88 plus HST over the month-to-month approach. - 5 - Given the necessity to implement enhanced security immediately to rebuild the network, the City will submit a portion of the month-to-month security license costs paid to date as part of the insurance claim. The IT team will work with the The cost associated with licensing users is allocated in respective service area operating budgets. The additional security costs were not approved in 2021 operating budgets as the enhanced security was not anticipated until the cyberattack. Given the necessity of the enhanced security, the IT team will work with the Finance team to ensure that the Microsoft licensing costs, inclusive of enhanced security, are properly allocated moving forward. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS G eneral Counsel has been involved in discussions with Softchoice and Microsoft. This report and attached documentation have been provided to General Counsel for their review. The Finance Team has been consulted on the impact of the additional costs for Microsoft security on the 2021 operating budget. The impact will be reflected in the budget analysis for each service area and the operating reserve. ATTACHMENTS 1.!Program Signature Form 2.!Customer Price Sheet 3.!Product Select Form ! Qsphsbn!Tjhobuvsf!Gpsn! Gps!vtf!xjui!bhsffnfout!bttpdjbufe!xjui!b!Qvsdibtf!Bhsffnfou!! ! NCB0NCTB!ovncfs! V9864313!!!!!! !! Bhsffnfou!ovncfs! 86F72241! Note:!!Foufs!uif!bqqmjdbcmf!bdujwfovncfst!bttpdjbufe!xjui!uif!epdvnfout!cfmpx/!!Njdsptpgu!sfrvjsft!uif!bttpdjbufe! bdujwf!ovncfs!cf!joejdbufe!ifsf-!ps!mjtufe!cfmpx!bt!ofx/ Gps!uif!qvsqptft!pg!uijt!gpsn-!!dbo!nfbo!uif!tjhojoh!foujuz-!Fospmmfe!Bggjmjbuf-!Hpwfsonfou! Qbsuofs-!Jotujuvujpo-!ps!puifs!qbsuz!foufsjoh!joup!b!wpmvnf!mjdfotjoh!qsphsbn!bhsffnfou/! Uijt!tjhobuvsf!gpsn!tfut!pvu!uif!epdvnfout!foufsfe!joup!voefs!uijt!tjhobuvsf!gpsn!boe!uphfuifs!bmpoh!xjui! uif!ufsnt!boe!dpoejujpot!dpoubjofe!uifsfjo!bsf!qbsu!pg!uif!dpousbdu)t*!jefoujgjfe!bcpwf/!!Uijt!qsphsbn! tjhobuvsf!gpsn!boe!bmm!buubdinfout!jefoujgjfe!bsf!foufsfe!joup!cfuxffo!uif!Dvtupnfs!boe!uif!sfmfwbou! Njdsptpgu!Bggjmjbuft!tjhojoh-!bt!pg!uif!fggfdujwf!ebuf!jefoujgjfe!cfmpx/! Microsoft Licensing Contracts LicensingDocumentsNumberorCode =Dipptf!Bhsffnfou?!Epdvnfou!Ovncfs!ps!Dpef! =Dipptf!Bhsffnfou?!Epdvnfou!Ovncfs!ps!Dpef! =Dipptf!Bhsffnfou?!Epdvnfou!Ovncfs!ps!Dpef! =Dipptf!Bhsffnfou?!Epdvnfou!Ovncfs!ps!Dpef! =Dipptf!Bhsffnfou?!Epdvnfou!Ovncfs!ps!Dpef! =Dipptf!Fospmmnfou0Sfhjtusbujpo?!Epdvnfou!Ovncfs!ps!Dpef! =Dipptf!Fospmmnfou0Sfhjtusbujpo?!Epdvnfou!Ovncfs!ps!Dpef! =Dipptf!Fospmmnfou0Sfhjtusbujpo?!Epdvnfou!Ovncfs!ps!Dpef! =Dipptf!Fospmmnfou0Sfhjtusbujpo?!Epdvnfou!Ovncfs!ps!Dpef! =Dipptf!Fospmmnfou0Sfhjtusbujpo?!Epdvnfou!Ovncfs!ps!Dpef! !!!!!!!!!!!! Foufsqsjtf!Fospmmnfou!Qspevdu!Tfmfdujpo!Gpsn!1:76389/118`QTG! !!!!!!!!!!!! !!!!!!!!!!!! !!!!!!!!!!!! QsphsbnTjhoGpsn)NTTjho*)TVC*)OB*DBO)FOH*)Nbz3131*!Qbhf!2!pg!5! Epdvnfou!Y31.23997! Cz!tjhojoh!cfmpx-!uif!Njdsptpgu!Mjdfotjoh!Bggjmjbuf!bhsfft!up!cf!cpvoe!cz!uif!ufsnt!pg!uif!Mjdfotjoh! Epdvnfout!jo!uif!ubcmf!jnnfejbufmz!bcpwf/ MicrosoftLicensingAffiliate Microsoft Corporation Signature !!!!! Printed First and Last Name !!!!! Printed Title !!!!! Signature Date !!!!! )ebuf!Njdsptpgu!Bggjmjbuf!dpvoufstjhot* Agreement Effective Date !!!!! )nbz!cf!ejggfsfou!uibo!!tjhobuvsf!ebuf*! Microsoft Sales Contracts Purchasing Documents Number or Code Dvtupnfs!Qsjdf!Tiffu!1:76389/118! =Dipptf!Bhsffnfou?!Epdvnfou!Ovncfs!ps!Dpef! =Dipptf!Bhsffnfou?!Epdvnfou!Ovncfs!ps!Dpef! =Dipptf!Bhsffnfou?!Epdvnfou!Ovncfs!ps!Dpef! =Dipptf!Bhsffnfou?!Epdvnfou!Ovncfs!ps!Dpef! Njdsptpgu!Tbmft!Bggjmjbuf!jt!bvuipsj{fe!cz!Njdsptpgu!Mjdfotjoh!Bggjmjbuf!up!ejtusjcvuf!Qspevdut!boe!tvqqmz! Qspgfttjpobm!Tfswjdft!psefsfe!voefs!uif!Fospmmnfou/!!Cz!tjhojoh!cfmpx!uif!Njdsptpgu!Tbmft!Bggjmjbuf!bhsfft! up!cf!cpvoe!cz!uif!ufsnt!pg!uif!dpousbdu)t*!boe!epdvnfout!jefoujgjfe!jo!uif!ubcmf!jnnfejbufmz!bcpwf/! Microsoft Sales Affiliate Microsoft Canada, Inc. CRA Busn. No. (BN):!988956:52! GST/HST:!988956:52SU1112! QST:!2132147:77UR1112 Signature !!!!! Printed First and Last Name !!!!! Printed Title !!!!! Signature Date !!!!! )ebuf!Njdsptpgu!Bggjmjbuf!dpvoufstjhot* To Accept All Contracts Cz!tjhojoh!uijt!tjhobuvsf!gpsn-!uif!Dvtupnfs!buuftut!ju!ibt!sfdfjwfe!dpqjft!pg!uif!dpousbdu!epdvnfou)t*! mjtufe!jo!uif!ubcmft!bcpwf!boe!bhsfft!up!cf!cpvoe!cz!uif!ufsnt!pg!uiptf!dpousbdu)t*!boe!epdvnfout/! Dvtupnfs!sfqsftfout!boe!xbssbout!uibu!)2*!Dvtupnfs!ibt!sfbe!boe!voefstuboet!uif!ufsnt!uifsfjo-!jodmvejoh! QsphsbnTjhoGpsn)NTTjho*)TVC*)OB*DBO)FOH*)Nbz3131*!Qbhf!3!pg!5! Epdvnfou!Y31.23997! bmm!epdvnfout!ju!jodpsqpsbuft!cz!sfgfsfodf!boe!boz!bnfoenfout!up!uiptf!epdvnfou)t*!boe!)3*!bhsfft!up! cf!cpvoe!cz!uiptf!ufsnt/! Customer Name of Entity (must be legal entity name)* Uif!Djuz!pg!Tbjou!Kpio/ Signature* !!!!! Printed First and Last Name* !!!!! Printed Title* !!!!! Signature Date* !!!!! Tax ID !!!!! * indicates required field nd Optional 2 Customer signature or Outsourcer signature (if applicable) Customer Name of Entity (must be legal entity name)* !!!!! Signature* !!!!! Printed First and Last Name* !!!!! Printed Title !!!!! Signature Date* !!!!!! * indicates required field Outsourcer Name of Entity (must be legal entity name)* !!!!! Signature* !!!!! Printed First and Last Name* !!!!! Printed Title !!!!! Signature Date* !!!!!! * indicates required field Dvtupnfs!xjmm!cf!jowpjdfe!cz!uif!Njdsptpgu!Tbmft!Bggjmjbuf!jefoujgjfe!bcpwf/! Jg!Dvtupnfs!sfrvjsft!beejujpobm!dpoubdut!ps!jt!sfqpsujoh!nvmujqmf!qsfwjpvt!Fospmmnfout-!jodmvef!uif! bqqspqsjbuf!gpsn)t*!xjui!uijt!tjhobuvsf!gpsn/! diboofm!qbsuofs!ps!Njdsptpgu!bddpvou!nbobhfs-!xip!nvtu!tvcnju!uifn!up!uif!gpmmpxjoh!beesftt/!!Xifo!uif! tjhobuvsf!gpsn!jt!gvmmz!fyfdvufe!cz!Njdsptpgu-!Dvtupnfs!xjmm!sfdfjwf!b!dpogjsnbujpo!dpqz/! QsphsbnTjhoGpsn)NTTjho*)TVC*)OB*DBO)FOH*)Nbz3131*!Qbhf!4!pg!5! Epdvnfou!Y31.23997! Microsoft Corporation Efqu/!662-!Wpmvnf!Mjdfotjoh 7991!Tjfssb!Dfoufs!Qbslxbz Sfop-!Ofwbeb!!9:622! VTB! Microsoft Canada, Inc. 2:61!Nfbepxwbmf!Cmwe/!! Njttjttbvhb-!Poubsjp!!M6O!9M:! Dbobeb! QsphsbnTjhoGpsn)NTTjho*)TVC*)OB*DBO)FOH*)Nbz3131*!Qbhf!5!pg!5! Epdvnfou!Y31.23997! COMMON COUNCIL REPORT M&C No. MC 2021-175 Report Date June 08, 2021 Meeting Date June 14, 2021 Service Area Public Works and Transportation Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT: Peter Murray Arena License with the Lord Beaverbrook Rink AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Michael Hugenholtz John Collin RECOMMENDATION RESOLVED that the City enter into a three (3) month License Agreement with the Board of Trustees of the Lord Beaverbrook Rink at Saint John, Inc. for the use of the Peter Murray Arena in the form attached to M&C No. 2021-175; and that the Mayor and City Clerk be authorized to execute the necessary documents. EXECUTIVE SUMMARY This report proposes a License with the Board of Trustees of the Lord Beaverbrook Rink at Saint John, Inc. to permit them access to and operate the Peter Murray Arena for the approximate months of July, August, and September, 2021. This opportunity would provide additional access to a City of Saint John recreation PREVIOUS RESOLUTION At its May 17, 2021 meeting Common Council endorsed signing a Letter of Intent (LOI) with the Board of Trustees of the Lord Beaverbrook Rink at Saint John, Inc. (LBR). This LOI is attached to this report. This LOI set the groundwork for the License that is before Common Council for consideration. The LOI also provided the LBR with ability to pursue clients as part of their Business Case ahead of the License being ready. REPORT The City of Saint John operates three City arenas, the Peter Murray Arena, the Charles Gorman Arena, and the Stewart Hurley Arena. These arenas traditionally operate seasonally, October through March, however one of the three arenas has - 2 - also traditionally operated a month or more before and after the start and finish of this Since 2018, arenas have been operated even outside these months. In 2018, arenas were operated in August to support the Canada 55+ Games. In 2019, 2020, and until May 15 in 2021, the City entered into Licenses with two different hockey schools to exclusively provide access to one City operated arena. The LBR approached City staff to discuss a License at one arena for the remainder Unlike in the previous Licenses, in this case the LBR, not the City, would operate an arena traditionally operated by City staff. Given that the LBR (the Board) has experience operating a city-owned arena, City staff had comfort exploring this opportunity. This change however resulted in the need for new terms to a License that were not in place in previous instances. Through consistent communications between the LBR and City staff, a consideration that considers this change in operating model. Towards Enhancing a Robust Relationship Both the City and the LBR operate City-owned arenas that are ultimately assets in which City taxpayers are financially responsible for operating and infrastructure deficits. There is some coordination of the two operations such as common use of contractors, sharing of equipment, support from City departments, and approval of Capital expenditures. There are some broader policy and management considerations, in which more robust and regular communications between the two organizations would benefit. These include applicati Policy, safety management, facility booking coordination opportunities, and marketing. Exploring the LBR operating the Peter Murray Arena this summer is another example where ongoing collaboration can result in improved community benefits. . SERVICE AND FINANCIAL OUTCOMES This opportunity would provide additional access to a City of Saint John recreation facility for the The proposed monthly fee of $18,000 that the LBR would pay the City is expected to recover variable costs, contingencies, quality assurance, and a contribution to - 3 - facility wear & tear. In this case, labour costs associated with operations & maintenance were subtracted from the rate as the LBR would use their own staff. Since the City is responsible for the operating deficit of the LBR, any net revenues benefit of City taxpayers. On the other hand, any net expenses during the License would ultimately be the responsibility of City taxpayers. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Input on this opportunity has been provided by Growth & Community Services, Facility Management, and our Insurance team. reviewed the attached License Agreement. Communications between City staff and board members of the LBR have continued. ATTACHMENTS List attachments related to report. !Letter of Intent executed by both parties. !License Agreement between the City of Saint John and the Board of Trustees of the Lord Beaverbrook Rink at Saint John, Inc. This License made in duplicate this ____ day of June, 2021. BY AND BETWEEN: THE CITY OF SAINT JOHN, having its City Hall at 15 Market Square, Saint John, New Brunswick, a body corporate by Royal Charter, confirmed and amended by Acts of the Legislative Assembly of the Province of New Brunswick, hereinafter called the Licensor OF THE ONE PART -! and - BOARD OF TRUSTEES OF THE LORD BEAVERBROOK RINK IN SAINT JOHN, INC. a body corporate duly incorporated under the Companies Act, having its head office in the City of Saint John in the County of Saint John and Province of New Brunswick, hereinafter OF THE OTHER PART WHEREAS the Licensor is the owner of the premises located at 711 Dever Road in Saint John, New Brunswick, having PID No. 00036590, commonly known as the Peter Murray Arena (the Premises); and WHEREAS the Licensee has made a request to the Licensor for the use of the Premises, save and except for the following: any offices and storage rooms st already used or occupied by the Licensor on or before July 1, 2021, the sports fields and the use by the Licensor, its officers, servants, agents, contractors and workers of a right of way for access to and from those parts of the Premises not hereby licensed; and WHEREAS the parking lot within the Premises will be shared by the parties to this License; and WHEREAS the Licensor has agreed to grant the within License upon the terms and conditions herein contained. NOW THEREFORE THIS INDENTURE WITNESSETH that for and in consideration of the charges stipulated in this License and other good and valuable consideration, the receipt whereof is hereby acknowledged, the Licensor does hereby grant, subject to the terms, conditions, covenants and provisions herein contained, permission and license to the Licensee, its servants, agents, employees, contractors and invitees to enter into and upon and exit from the Premises during such days and periods of occupation and use as are more particularly set out below. All times referenced in this License are expressed in Atlantic Daylight Time and not otherwise. 1. The Licensee may occupy and use the Premises on the days and during the nd corresponding hours particularized below between the dates of July 2, 2021, and th September 30, 2021, inclusive (the Term): (a)!On any day during the Term between the hours of 8:00 a.m. and 12:00 am Midnight, inclusive. License Agreement The City of Saint John and Board of Trustees of the Lord Beaverbrook Rink in Saint John, Inc. -2- (b)!For the purposes of this License, the temporal periods described in this Article 1 shall be collectively referred to as the License Period. 2. (a) The Licensee shall pay to the Licensor for the occupation and use of the Premises pursuant to Article 1, the total amount of Fifty-Four Thousand Dollars ($54,000.00) plus HST during the License Period (the . (b) The payment of the License Fee shall be made to the Licensor by the Licensee by cash or certified cheque at the City of Saint John Customer Service Centre, ground floor of the City Hall Building, 15 Market Square, Saint John, New Brunswick, or such other place as may from time to time be designated by the Licensor in the following installments and before the date identified below for the payment of each installment: th i)!On or before June 30, 2021, the amount of Eighteen Thousand Dollars ($18,000.00) plus HST for the period ndst commencing July 2, 2021, until and including July 31, 2021; st ii)!On or before August 1, 2021, the amount of Eighteen Thousand Dollars ($18,000.00) plus HST for the period stst commencing August 1, 2021, until and including August 31, 2021; and st iii)!On or before September 1, 2021, the amount of Eighteen Thousand Dollars ($18,000.00) plus HST for the period st commencing September 1, 2021, until and including September 30th, 2021. (c) The ice-time purchased at the Premises pursuant to the terms of this License shall be used by the Licensee; however, the Licensee may resell its purchased ice-time to a third party/third parties, which shall abide by the terms of this License and which may be prohibited by the Licensor from using the Premises at its sole discretion. (d) The Licensee shall provide to the Licensor on a weekly basis no later than the preceding Wednesday the following week (Sunday to Saturday, inclusive), together with the contact information for at least one individual for the group using the ice each time. Should there be any changes to the schedule of ice use, the Licensee shall notify the Licensor in writing immediately of any such changes. (e) The Licensor shall reserve one (1) storage room of the Licensors choosing at the Premises during the License Period that the Licensee shall be able to use for storing property belonging to the Licensee. Said storage room can be occupied on the first day of the License Period and must be fully vacated by the final day of the License Period. 3. (a) The Licensor may terminate this License and the Licensee shall have no further recourse should the Licensee fail to pay the License Fee pursuant to the terms of this License or otherwise fail to meet any obligations, conditions or agreements stipulated in this License. (b) Either the Licensor or the Licensee may terminate this License upon the giving of advance written notice of thirty (30) business days. Should such a termination occur, the Licensee shall be refunded a prorated License Agreement The City of Saint John and Board of Trustees of the Lord Beaverbrook Rink in Saint John, Inc. -3- share of the License Fee, as calculated by reference to the proportion of the hours remaining during the License Period. (c) Should the Licensee terminate this License without giving the advance written notice required in Article 3(b) above, the Licensee shall be obligated to pay to the Licensor, as a penalty for providing inadequate written notice, the equivalent of three (3) weeks of the License Fee, as calculated by reference to the applicable License Fee payable in the month(s) that are covered by the specific period in question. 4. (a) The Licensee shall keep in place during the full Term hereof comprehensive general liability insurance in a minimum amount of Five Million Dollars ($5,000,000.00) wherein the Licensor is named an additional inwherein there is a cross-liability clause, all of which also expressly covers and protects the Licensor in circumstances where the Licensee chooses to resell ice-time pursuant to Article 2(c) above and which also expressly covers any allegations/claims of physical or sexual abuse. (b) The Licensee shall provide a Certificate of Insurance to the Licensor at the time of the execution of this License evidencing the insurance coverage described herein and providing that coverage shall not be altered or cancelled without the insurers giving thirty (30) in writing to the Licensor prior to any such alteration or cancellation. (c) The Licensee shall ensure that any third party to which the Licensee resells its ice time pursuant to Article 2(c) is either covered by the Licensees insurance or has insurance that meets the terms of this Article 4 and the Licensee must provide proof of said insurance to the Licensor if and when requested by the Licensor. 5. The Licensee shall not have any claim against the Licensor for loss or damage of any nature, kind or description whatsoever arising from the exercise or purported exercise of the License herein granted, unless such loss or damage is due to the negligence of the Licensor or its employees, servants or agents. 6. Notwithstanding Article 4 hereof, the Licensee does hereby indemnify and save harmless the Licensor from all damages, claims, demands, actions, suits or other proceedings by whomsoever made, brought or prosecuted in any manner and whether in respect of property owned by others or in respect of damage sustained by others based upon or arising out of or in connection with this License or anything done or purported to be done in any manner hereunder. 7. The Licensee and all the Ls customers shall, at all times, comply with such rules and regulations in use by the Licensor from time to time as may be reasonably applicable. Moreover, the Licensee acknowledges and agrees that it shall develop and follow a written COVID-19 Operational Plan should one be required under order of the Minister of Public Safety pursuant to the terms of the Emergency Measures Act and shall also comply with any other statutory or regulatory requirements that may apply from time to time. This COVID-19 Operational Plan shall be submitted to and subject to the approval of the Licensor and shall be fully responsive to all requirements under order, statute or regulation having regard to the activities of the Licensee within the Premises during the License Period. Additionally, the Licensee acknowledges and agrees that it shall comply with any COVID-19 Operational Plan put in place by the Licensor as owner of the Premises. Should the Licensee resell its ice-time pursuant to Article 2(c) above, it shall ensure as an express term of such reselling that the third party shall at all times adopt and comply with both the Licensees and the Licensors COVID-19 Operational Plans. License Agreement The City of Saint John and Board of Trustees of the Lord Beaverbrook Rink in Saint John, Inc. -4- 8. The Licensee shall determine the amount and pay to the proper authority, when applicable, all fees, charges or royalties properly due to Composers, Authors and Publishers Association of Canada Limited and/or to Performing Rights Organizations of Canada Limited in accordance with the Copyright Act, Chapter C-30, R.S.C. 1970 as amended, such fees, charges or royalties are the sole responsibility of the Licensee. 9. Except in accordance with the terms of this License, the Licensee shall not assign, transfer or otherwise by any act cause or permit this permission and License or any portion hereof to be assigned or transferred to any person(s) whomsoever. 10. The Licensee shall, upon the termination of this License, immediately and at its own expense, remove from the Premises any and all property brought or placed upon the Premises by the Licensee and shall restore the Premises to as good an order and condition as prevailed immediately prior to the commencement of the Term hereof and in the event of the failure of the Licensee to do so with reasonable expedition, of which the Licensor shall be the sole judge, the Licensor may effect such remoown risk and expense, but the Licensor shall, by reason of any action taken or things required under this paragraph, be entitled to compensation, reimbursement and indemnity from the Licensee. 11. The Licensee shall: (a)!undertake during the Term the following customer interaction, maintenance, and inspection duties: i)!book ice times, collect revenue, and generally interact with customers to whom the Licensee intends to resell ice; ii)!check all public areas and ice surface for safety/cleanliness; iii)!inspect ice resurfacer and perform pre-trip inspection; iv)!maintain the ice surface; v)!clean the Premises; vi)!complete inspections of the ice surface daily, including completing the inspection form; vii)!complete inspections of the ice plant operations daily, including completing the inspection form; viii)!complete monthly facility inspections, including completing the inspection form; ix)!follow COVID-19 Operating Plans; x)!pick up litter around exterior of arena and in parking lot; and xi)!transport cutting edges between the Premises and Licensors contractor for maintenance of said cutting edges. (b)!provide to the Licensor for its approval, prior to the commencement of the Term, a facility inspection and maintenance plan, including, but not limited to, the ice surface, the ice plant and other areas of the facility, and follow said plan during the Term of this License; (c)!inform the Licensor of all required maintenance or repairs that may be required during the Term that fall outside the scope of duties listed in Article 11(a); (d)!obtain the following consumables and/or services when needed at the Licensors expense, using the Licensors supply contracts as directed, and provide to the Licensor by each Wednesday the list of said License Agreement The City of Saint John and Board of Trustees of the Lord Beaverbrook Rink in Saint John, Inc. -5- consumables and/or services procured the prior week and the corresponding costs incurred by the Licensee for reimbursement purposes: i)!ice resurfacer blade sharpening; and ii)!propane for ice resurfacer; (e)!obtain at the Licensees expense any additional consumables and/or services not listed in Article 11(d) including cleaning supplies and equipment; and (f)!seek and obtain the Licensors approval prior to fixing objects to the Premises. 12. The Licensor shall: (a)!install the ice required for the License prior to the commencement of the Term; (b)!carry out an orientation for the Premises prior to the commencement of the Term; (c)!pay for utilities; and (d)!act in a reasonable manner to complete repairs, including engaging third-party contractors, as necessary and when informed by the Licensee. The Licensor may complete an inspection of the Premises and the forms that the Licensee is required to complete pursuant to Article 11(a) at any time. 13. Notwithstanding anything to the contrary contained herein, the Licensor shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of facilities, labour difficulties (including any event of strike or lockout arising in the context of the Licensors workplace), pandemic, war, or civil unrest. 14. The Licensee may request the Licensor to immediately stop accepting payments on this License should COVID-19 restrictions require the prohibition of the Licensees activities in the Premises. The Licensor may recover reasonable consequential costs, if any, from the Licensee such as removal of the ice, up to a maximum of Five Thousand Dollars ($5000.00). The Licensee agrees to reimburse the Licensor within fifteen (15) business days of the issuance of written notice by the Licensor to the Licensee itemizing such costs. 15. If the Licensee chooses to invoke Article 14 and the Licensor complies with a request made thereunder, the remainder of the License shall be considered cancelled. Payments described in Article 2(b) shall be corrected to reflect the period of use of the Premises prior to said COVID-19 restrictions preventing the Licensees activities on a prorated basis taking into account any costs the Licensor calculates as having arisen from such cancellation. 16. The Licensor, in its sole discretion, reserves the right to terminate this License without penalty and with immediate effect and shall refund to the Licensee a prorated portion of the License Fee for that portion of the License Period that has been paid by the Licensee but not used. License Agreement The City of Saint John and Board of Trustees of the Lord Beaverbrook Rink in Saint John, Inc. -6- IN WITNESS WHEREOF the parties hereto have set their corporate seals duly attested by the signatures of their properly authorized officers respectively the day and year first above written. SIGNED, SEALED & DELIVERED) THE CITY OF SAINT JOHN In witness thereof ) ) ) ) ______________________________ ) Donna Noade Reardon, Mayor ) ) ) ) ______________________________ ) Jonathan Taylor, City Clerk ) ) Common Council Resolution: ) __________________, 2021. ) ) ) ) ) BOARD OF TRUSTEES OF THE ) LORD BEAVERBROOK RINK ) IN SAINT JOHN, INC. ) ) ) Per: ) ______________________________ ) _____________________, President ) COUNTY OF SAINT JOHN PROVINCE OF NEW BRUNSWICK I, ______________________, of the ________________________ and Province of New Brunswick, MAKE OATH AND SAY: 1. THAT I am the __________________ of Board of Trustees of the Lord Beaverbrook Rink in Saint John, Inc., the Licensee named in the foregoing instrument and have custody of the corporate seal of the said company and am duly authorized to make this affidavit. 2. THAT the seal affixed to the foregoing License and purporting to be the corporate seal of Board of Trustees of the Lord Beaverbrook Rink in Saint John, Inc., is the corporate seal of the said Board of Trustees of the Lord Beaverbrook Rink in Saint John, Inc., the Licensee named in the foregoing instrument, and it was affixed by the officer authorized to so affix the seal. 3. THAT the signature, ___________________, subscribed to the said instrument is my signature and as ________________ I am duly authorized to execute the said instrument. 4. THAT the said document was executed as aforesaid at the ___________________ in the Province of New Brunswick on the _____ day of June, 2021. SWORN TO before me at the ) _____________ in the Province of ) of New Brunswick this _____ day ) of June, 2021. ) ) ) ______________________________ ) ) ____________________________ ) ) Commissioner of Oaths ) Being a Solicitor ) COMMON COUNCILREPORT M&C No. 2021-181 Report Date June 09, 2021 Meeting Date June 14, 2021 Service Area Legislative Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT: Appointments to Agencies, Boards, Commissions and Committees AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Jonathan Taylor John Collin RECOMMENDATION That Council direct the Nominating Committee to review and make recommendations to fill the the Agencies, Boards, Commissions and Committee vacancies resulting from the municipal election; and further, that the Council appointees on the Planning Advisory Committee be increased to 2 members. EXECUTIVE SUMMARY Council is responsible for appointing over 170 individuals (Council members and citizens) to 31 Agencies, Boards, Commissions and Committees. Council is required to fill the vacancies resulting from the municipal election and therefore should direct its Nominating Committee to begin this work. PREVIOUS RESOLUTION N/A REPORT The City of Saint John currently has 31 Agencies, Boards, Commissions and Committees (ABCCs) to which it appoints membership. The ABCCs differ in terms of size, the services they deliver and/or the functions they fulfill, their connection and/or reporting relationship with the city, their governance structure, and their funding from the city. In some cases, the ABCCs provide direct service delivery to the residents (e.g. Police, Transit, Parking) and in other cases, Common Council is provided with an opportunity to appoint an individual to represent its interests or the interests of the community at large (e.g. Saint John Airport, SJ Port Authority, Uptown SJ). - 2 - There are currently eight (8significant ABCCs (i.e. with significant financial and/or operational linkage to the City of Saint John), including: SJ Transit, SJ Parking, SJ Board of Police Commissioners, SJ Energy, Planning Advisory Committee, SJ Aquatic Centre, Harbour Station (TD) Commission, Trade and Convention Centre Oversight Committee. The Mayor is required to sit on five of the eleven in an ex-officio capacity. There are nine (9) other ABCCs and four (4) Committees of Council on which either Mayor or Councillors are required to sit. They are Canada Games Foundation, Cities Association of NB, Federation of Canadian Municipalities, Heritage Development Board, Regional Facilities Oversight, PRO Kids, SJ Emergency Measures, Fundy Region Service Commission, Community Grants, Finance Committee, Growth Committee, Public Safety Committee and Nominating Committee. Lastly, there are nine (9) ABCCs where Council may appoint at least one member. These include: Shared Risk Pension, Fort LaTour Development Authority, Imperial Theatre, Lord Beaverbrook Rink, Rockwood Park Endowment, Saint John Airport, SJ Community Arts Board, SJ Free Public Library, Substandard Property Appeals and Uptown SJ. In total, Council is responsible for appointing approximately 170 individuals (both council members and citizens) to the ABCCs. Most of these positions involve citizen appointments for terms of 3 years with a limit of 2 consecutive terms being served. The terms for Council members serving on ABCCs are generally for 4 years (their term on Council). Council members do not receive additional compensation for serving on the ABCCs and should not be appointed as chair. The exception to this is for Standing Committees of Council and Council created committees where Council members do serve as chair. As a result of the municipal election, all positions on ABCCs requiring appointments of Council members are now vacant and therefore must be filled as soon as possible. It is recommended that Council direct its Nominating Committee to begin the review process and appointment process immediately. The Nominating Committee will review all ABCC vacancies and submit recommended ABCC appointees to a closed session of the Committee of the Whole. The Committee of the Whole must support the recommendations by majority vote before the process can be finalized. A recommendation from Committee of the Whole to make the board appointment is then submitted to agenda for final approval. - 3 - STRATEGIC ALIGNMENT Good Governance SERVICE AND FINANCIAL OUTCOMES N/A INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS N/A ATTACHMENTS ABCC list Recommended Change in Composition Council Resolution Y ABC Terms or ByLaw Requirement Y Legislative Requirement Make-up Description Mayor or DesignateThree City staff, two community members-at-large and two Common Council Members Board Description To receive and maintain a fund and apply the income or capital for the training and development of amateur athletes in Canada; to receive the surplus funds of the Saint John 1985 Canada Summer Games Society.To promote the exchange of information among members, to co-operate and liaise with other agencies and associations having a municipal interest, and to strive for a united front in all matters pertaining to the realization of municipal goals as may be requested or deemed advisable from time to time.Effective January 1, 2013 the City of Saint John Shared Risk Plan converted and replaced the City of Saint John pension plan. The primary purpose of the CSJ Shared Risk Plan is to provide pensions to eligible employees after retirement and until death in respect of their service as employees.The City of Saint John Community Grants Evaluation Committee is a standing committee of three City staff, two community members-at-large and two Common Council Members. Committee representation of City Staff shall include a representative from Finance and Administrative Services and two representatives from Growth & Community Development Services.The Federation of Canadian Municipalities is the national voice of municipal government representing 90 per cent of Canada's municipal population. AGENCIES, BOARDS AND COMMISSIONS Member of Council Required?YYNYY 12021 # of Current Council Appointments Name Canada Games FoundationCities of New BrunswickCity of Saint John Shared Risk Pension Plan Board of TrusteesCommunity Grants Evaluation CommitteeFederation of Canadian Municipalities YY The Primary responsibilities of the Finance Committee include: financial reporting, audit, accounting systems, and internal controls, budget development, forecasting, fiscal management, resource allocation, open data, information management and continuous improvement.The objective of the Fort LaTour Development Authority is to develop or cause to be developed the area of land on which Fort LaTour was located and adjacent land as a historic attraction for the educational benefit of the citizens of New Brunswick and for the economic advantage of the City.Allocate funding to the regional facilities in Saint John, inlcuding Harbour Station, Aquatic Centre, Imperial Theatre, Saint John Arts Centre, and the Trade and Convention Centre. Each municipality in greater Saint John appoints a member.The Primary responsibilities of the Growth Committee include growth of the economy and tax base with linkage to Enterprise SJ, Waterfront development, Industrial parks, Tourism development, and Heritage preservation.The Committee will establish key relationships with the Planning Advisory Committee, Saint John Development Corporation, Saint John Industrial Parks, Uptown Saint John, Enterprise Saint John, Discover SJ, Heritage Development Board, Saint John Port Authority, SJ Sub-standard Properties Appeal Committee, Trade and Convention Oversight Committee. YNYY 6026 Finance Committee (Council Standing Committee)Fort LaTour Development AuthorityGreater Saint John Regional Facilities CommissionGrowth Committee (Council Standing Committee) Y Heritage Conservation Act 4 members appointed by Council. Mayor Ex Officio1 Councillor appointed by the Mayor; The Saint John Harbour Station Commission was established to manage the operations of the Harbour (TD) Station. The City has the obligation under the legislation to finance all net operating and capital expenditures. All capital assets acquired and held for use of the Commission are vested in the City. Harbour (TD) Station commenced operations October 2, 1993.The purpose of the Heritage Development Board is to investigate and report on the establishment of preservation areas and related by-laws and includes such things as making recommendations on by-laws, engaging consultants, advising management with respect to policy and adopting guidelines.Board members must not only be, but must be seen to be, supporters of the Theatre. They should also avoid potential conflicts of interest between their Board roles and in their work, so that they can be relatively unfettered in their support of the Theatre. Board members will bring with them different skill sets, experience and expertise – which will allow them to provide the Theatre, and other Board members, with measurable and valuable “in-kind” contributions to the Theatre’s operation.To manage and administer the operations of the Lord Beaverbrook Rink.3 Member Committee of Council established to make recommendations for appointments to the City's agencies, boards, and commissions. NYNNY 11003 Harbour (TD) Station CommissionHeritage Development Board Imperial Theatre Inc.Lord Beaverbrook RinkNominating Committee From 1 to 2 members of Council Council members and City employees can be on PAC, but must not constitute majority (their terms end with their status).Common Council appoints 11 members plus at least one member of Common Council.Mayor Ex Officio To provide advice to Common Council on applications to amend the Municipal Development Plan, the Zoning By-Law or Section 39 Conditions, subdivision proposals where new infrastructure (i.e. roads), public right-of-ways, easements or dedications for Land for Public Purposes are involved.;and to make decisions with respect to proposals for conditional uses, significant variances, establishment of similar, compatible and temporary uses.PRO Kids provides program and financial assistance to children and youth in need so that all children and youth will have the opportunity to participate in the arts, cultural, recreation, and sport activity of their choice.To serve as The City of Saint John's original administrators of the $2,000,000 endowment fund committed by Brunswick Pipeline to the Saint John Horticulture Association.The Saint John Airport serves a region consisting of approximately 200,000 residents. The airport operates as a community not-for-profit corporation, incorporated in the Province of New Brunswick under a lease agreement with the federal government. Governance and operating transparency is ensured by the appointment of a Board of Directors representing a number of stakeholder groups.The Commission is responsible for the management and operation of the City’s Aquatic Centre facility and to promote and initiate recreational programs, activities and sporting events in and on the property and facilities managed and controlled by it for persons of all ages and interests in order to advance the health, welfare and well-being of the people of the City and the Province. NYNNN 11000 Planning Advisory CommitteePRO Kids (Positive Recreation Opportunities for Kids)Rockwood Park Endowment FundSaint John AirportSaint John Aquatic Centre Commission Y Police Act 1 appointed by Solicitor Gen., 1 shall be the Mayor (or Mayor's designate) and 6 others appointed by Council who MUST LIVE IN THE CITY.Council appoints all members, 2 of whom may be members of CouncilCommittee consists of the Mayor and 3 members of Council.The number of Commissioners shall be the number appointed by the City of Saint John from time to time. The Saint John Board of Police Commissioners is the governance authority for the Police Force. The role of the Board is to establish a vision and actionable objectives for the community, to provide oversight (including complaints) and to ensure accountability in the application of Police resources to accomplish the objectives.The Saint John Community Arts Board develops and promotes the arts as integral to the vitality of the Saint John community. Saint John is a vibrant creative centre embracing excellence, originality, diversity and artistic expression that inspires people to live here as their community of choice.The Saint John Emergency Measures Organization committee's role is to advise the municipality on the development of emergency measures plans for the municipality.The Commissioners are ultimately responsible for approving the operations, making decisions on operating plans and policies, which involves an awareness of a variety of legislation and other matters.The duties of the board are specified under the NB Public Libraries Act. Members of this board are considered trustees. Collectively, they administer all aspects of the library, in conjunction with the head librarian. YNYNN 2410 2 (only 1 required) Saint John Board of Police CommissionersSaint John Community Arts BoardSaint John Emergency Measures Organization CommitteeSaint John Energy (Power Commission of the City of Saint John)Saint John Free Public Library Saint John Transit Commission Act Maximum of 7 members appointed by CouncilThe Council shall appoint not more than seven members to the Commission, three of whom shall be members of the Council. The purpose of the Saint John Parking Commission is to regulate and control parking in the City of Saint John and to maintain the parking meters installed on said streets with power to install and/or remove meters as the Commission deems desirable; to establish the rates to be charged and to collect the proceeds. The commission has the power to make and alter rules and regulations with respect to parking on property or facilities owned or controlled by it and also, subject to the approval of the Police Department, with respect to parking on public streets, highways or public places.The mandate of the Saint John Port Authority is to oversee the operation of the Port of Saint John, provide the required port infrastructure to support maritime trade and to promote the port in the best interests of Canada’s domestic and international waterborne trade. The Board is responsible for the management of the activities of the Authority.The Saint John Substandard Properties Appeal Committee is required to allow those property owners who have been served a notice dealing with dangerous and unsightly premises to appeal the decision of the Standards Officer.The Saint John Transit Commission was established by the City of Saint John to operate the public transit system. The City has the obligation under the legislation to finance all net operating and capital expenditures. The Commission has full power and authority to maintain and operate a public transit system. NNNY 3003 Saint John Parking CommissionSaint John Port AuthoritySaint John Substandard Properties Appeal CommitteeSaint John Transit Commission Change to commitee composition, we suggest one member from each committee of Council sit on the Steering Committee rather than chairs of Growth and Finance. Y Three (3) Members of Common Council Board of Directors has 21 members, of whom City appoints one member. The City of Saint John is preparing to develop a new 10-Year Strategic Plan. The plan will identify a renewed vision for the City and a new set of long-term goals that will move our community forward in achieving its vision. Committee members will remain until the end of the project. To help guide this process, the City of Saint John is establishing a Strategic Plan Steering Committee and accepting applications from residents to serve on the Committee.Established to review the annual budget prepared by Hilton Canada for the operation of the Saint John Trade and Convention Centre; to monitor the operations of the facility pursuant to an agreement between the City of Saint John and Hilton Canada Inc., and to make a recommendation to the Greater Saint John Regional Facilities Commission for the amount of the annual operating subsidy to be shared by the four municipalities.To assist, promote, encourage, coordinate and advance commercial, residential, recreational, cultural, civic development and economic welfare of the Central Business District. YNN 311 Strategic Planning Steering CommitteeTrade and Convention Centre Oversight CommitteeUptown Saint John ! ! June 14, 2021 Her Worship Mayor Donna Noade Reardon and Councillors SUBJECT: Proposed Municipal Plan Amendment 695 Somerset Street A Public Presentation was made on April 19, 2021 of a proposed amendment to the Municipal Development Plan which would re-designate on Schedule A of the Municipal Development Plan, land having an area of 3445 square metres, located adjacent to 695 Somerset Street, also identified as PID No. 00415497 and PID No. 55147557, from Local Centre to Stable Commercial; and re-designate on Schedule B of the Municipal Development Plan, land having an area of 3445 square metres, located adjacent to 695 Somerset Street, also identified as PID No. 00415497 and PID No. 55147557, from Local Centre to Stable Commercial to permit an office/maintenance building and storage area. The required advertising has been completed and attached you will find a copy of the public notice, and any letters of opposition or support received. If Council wishes, it may choose to refer the matter to the Planning Advisory Committee for a report and recommendation and authorize the necessary advertising with a Public Hearing to be held on Monday, August 23, 2021 in the Council Chamber at 6:30 pm, or not to proceed with the proposed amendment process and adopt a resolution to deny the application. Respectfully submitted, Jonathan Taylor City Clerk! ! PROPOSED MUNICIPAL PLAN PROJET DE MODIFICATION DU PLAN AMENDMENTMUNICIPAL RE: 695 SOMERSET STREETOBJET : 695, RUE SOMERSET Public Notice is hereby given that the Par les présentes, un avis public est donné Common Council of The City of Saint John par lequel le conseil communal de ville de intends to consider an amendment to the Saint John a l’intention d’étudier la Municipal Development Plan which would: modification du plan d’aménagement municipal comme suit : 1. Re-designate on Schedule A of the 1. À l’annexe A du plan d’aménagement Municipal Development Plan, land municipal, modifier le zonage d’un having an area of 3445 square metres, terrain d’une superficie de 3445 mètres located adjacent to 695 Somerset carrés, situé à côté du 695, rue Street, also identified as PID No. Somerset, également identifié comme 00415497 and PID No. 55147557, from NID 00415497 et NID 55147557, du Local Centre to Stable Commercial centre local à commercial stable as illustrated below; comme illustré ci-dessous; 2. Re-designate on Schedule B of the 2. À l’annexe B du plan d’aménagement Municipal Development Plan, land municipal, modifier le zonage d’un having an area of 3445 square metres, terrain d’une superficie de 3445 mètres located adjacent to 695 Somerset carrés, situé à côté du 695, rue Street, also identified as PID No. Somerset, également identifié comme 00415497 and PID No. 55147557, from NID 00415497 et NID 55147557, du Local Centre to Stable Commercial centre local à commercial stable as illustrated below; comme illustré ci-dessous; A public presentation of the proposed Une présentation publique de la modification amendment will take place at a regular proposée aura lieu lors d’une réunion ordinaire meeting of Common Council, to be held in the du Conseil communal, qui aura lieu dans la Council Chamber at City Hall with a remote salle du Conseil à l’hôtel de ville, avec option participation option on Monday, April 19, de participation à distance, le lundi 19 2021. avril 2021. REASON FOR CHANGE: RAISON DE LA MODIFICATION To permit an office/maintenance building and Permettre un bâtiment de bureau / d'entretien storage area. et une zone de stockage. Written objections to the proposed amendment Les objections écrites à la modification may be made to the Council, in care of the proposée peuvent être présentées au Conseil, undersigned, by May 19, 2021. Enquiries may aux soins du soussigné, d’ici le 19 mai 2021. be made at the office of the Common Clerk or Les demandes de renseignements peuvent Growth and Community Development être présentées au bureau du greffier Services, City Hall, 15 Market Square, Saint communal ou aux Services de croissance et John, N.B. between the hours of 8:30 a.m. and de développement communautaire, Hôtel de 4:30 p.m., Monday through Friday, inclusive, ville, 15, Market Square, Saint John (N.-B.), holidays excepted. entre 8 h 30 et 16 h 30, du lundi au vendredi, inclusivement, jours fériés exclus. Jonathan Taylor, Common Clerk 658-2862 Jonathan Taylor, greffier communal 658-2862 PRELIMINARY -FOR DISCUSSION PROPOSED MUNICIPAL PLAN PROJET DE MODIFICATION DU PLAN AMENDMENTMUNICIPAL RE: 60 TECHNOLOGY DRIVE OBJET : 60, PROMENADE TECHNOLOGY Public Notice is hereby given that the Par les présentes, un avis public est donné Common Council of The City of Saint John par lequel le conseil communal de ville de intends to consider an amendment to the Saint John a l’intention d’étudier la Municipal Development Plan that would: modification du plan d’aménagement municipal comme suit : 1. Revise Policy LU-68 to recognize that the 1. Réviser la politique LU-68 pour Somerset Business Park may be further reconnaître que le parc commercial developed with medium to high density Somerset peut être aménagé davantage à residential land uses; des fins d’utilisations résidentielles de densité moyenne à forte; 2.Redesignate on Schedule A of the 2. À l’annexeA du plan d’aménagement Municipal Development Plan, land having municipal, modifier le zonage d’un terrain an approximate area of 13.71 hectares, d’une superficie de 13,71 hectares, située located at 60 Technology Drive, also au 60, promenade Technology, également identified as PID 55144109 and PID identifié comme NID 55144109 et NID 55190458, from Employment Area, Local 55190458, qui passera de secteur Centre, and Urban Neighbourhood to d'emploi, centre local et quartier urban Urban Neighbourhood, as illustrated à quartier urban, comme illustré ci- below; dessous; 3.Redesignate on Schedule B of the 3. À l’annexeB du plan d’aménagement Municipal Development Plan, land having municipal, modifier le zonage d’un terrain an approximate area of 13.71 hectares, d’une superficie de 13,71 hectares, situé located at 60 Technology Drive, also au 60, promenade Technology, également identified as PID 55144109 and PID identifié NID 55144109 et NID 55190458, 55190458, from Business Centre, Stable qui passera de centre d'affaires, Residential, and Local Centre to résidentiel stable, et centre local à Medium to High Density Residential, as résidentiel à densité moyenne ou forte, illustrated below. comme illustré ci-dessous. A public presentation of the proposed Une présentation publique de la modification amendment will take place at a regular proposée aura lieu lors d’une réunion ordinaire meeting of Common Council, to be held in the du Conseil communal, qui aura lieu dans la Council Chamber at City Hall with a remote salle du Conseil à l’hôtel de ville, avec option participation option on Monday, June 14, de participation à distance, le 2021. lundi 14 juin 2021. REASON FOR CHANGE: RAISON DE LA MODIFICATION To permit a development consisting of multi-Permettre un aménagement composé de unit residential buildings. bâtiments résidentiels à logements multiples. Written objections to the proposed amendment Les objections écrites à la modification may be made to the Council, in care of the proposée peuvent être présentées au Conseil, undersigned, by July 14, 2021. aux soins du soussigné, d’ici le 14 juillet 2021. Enquiries may be made at the office of the Les demandes de renseignements peuvent Common Clerk or Growth & Community être présentées au bureau du greffier Services, City Hall, 15 Market Square, Saint communal ou aux Services de croissance et John, N.B. between the hours of 8:30 a.m. and de développement communautaire, Hôtel de 4:30 p.m., Monday through Friday, inclusive, ville, 15, Market Square, Saint John (N.-B.), holidays excepted. entre 8 h 30 et 16 h 30, du lundi au vendredi, inclusivement, jours fériés exclus. Jonathan Taylor, Common Clerk Jonathan Taylor, greffier communal (506) 658-2862 (506) 658-2862 General Application Form GROWTH & COMMUNITY DEVELOPMENT SERVICES onestop@saintjohn.ca Phone: 658-2911 Fax: 632-6199 CITY OF SAINT JOHN LOCATIONCIVIC ADDRESS :PID # : HERITAGE AREA: Y / N INTENSIFICATION AREA: Y / N FLOOD RISK AREA: Y / N APPROVED GRADING PLAN: Y / N APPLICATION #:DATE RECEIVED: RECEIVED BY: APPLICANTEMAILPHONE MAILING ADDRESS POSTAL CODE CONTRACTOR EMAILPHONE MAILING ADDRESS POSTAL CODE OWNEREMAILPHONE MAILING ADDRESS POSTAL CODE PRESENT USE:PROPOSED USE: BUILDINGPLANNINGINFRASTRUCTUREHERITAGE INTERIOR RENOVATIONNEW CONSTRUCTIONVARIANCESTREET EXCAVATIONHERITAGE DEVELOPMENT EXTERIOR RENOVATIONACCESSORY BLDGPLANNING LETTERHERITAGE SIGN DRIVEWAY CULVERT ADDITIONPOOLPAC APPLICATIONHERITAGE INFILL DRAINAGE DECKDEMOLITIONCOUNCIL APPWATER & SEWERAGEHERITAGE DEMO CHANGE OF USESIGNSUBDIVISIONOTHEROTHER MINIMUM STANDARDSOTHEROTHER I consent to the City of Saint John sending to me commercial electronic messages, from time to time, regarding City initiatives and incentives. General Collection Statement I, the undersigned, hereby apply for the permit(s) or approval(s), indicated above for the work described on plans, submissions and forms herewith This information is being collected in order for the City of Saint John to deliver an existing submitted. This application includes all relevant documentation necessary for program / service; the collection is limited to that which is necessary to deliver the program / the applied for permit(s) or approval(s). I agree to comply with the plans, service. Unless required to do so by law, the City of Saint John will not share your personal specifications and further agree to comply with all relevant City By-laws and information with any third party without your express consent. conditions imposed. The legal authority for collecting this information is to be found in the Municipalities Act and _______________________________________________________ the Right to Information and Protection of Privacy Act. For further information or questions Applicant Name regarding the collection of personal information, please contact the Access & Privacy Officer: _______________________________________________________ City Hall Building Applicant Signature 8th Floor -15 Market Square Saint John, NB E2L 1E8 _______________________________________________________ commonclerk@saintjohn.ca Date (506) 658-2862 Council Application GROWTH & COMMUNITY DEVELOPMENT SERVICES CITY OF SAINT JOHN CIVIC ADDRESSAPPLICATION #FEE PAID Z!O! TYPE OF APPLICATION Mboe!gps!Qvcmjd!Qvsqptft!Opo.Dpogpsnjoh!VtfTbujtgbdupsz!Tfswjdjoh Sfmfbtf Tfswjdf!Gff;%311Tfswjdf!Gff;%311 Tfswjdf!Gff;!%411 Tfdujpo:Bnfoenfou\[pojoh!Cz.mbx!Bnfoenfou\[pojoh!Cz.mbx!Bnfoenfou!xjui! b!Nvojdjqbm!Qmbo!Bnfoenfou! Tfswjdf!Gff;%3-611Tfswjdf!Gff;%3-611 Tfswjdf!Gff;%4-611 DETAILEDDESCRIPTIONOF APPLICATION Xifsfbqqmjdbcmf-!joejdbufuif!dibohft!upfyjtujoh!Tfdujpo!:!dpoejujpot-!{pojoh-ps!Nvojdjqbm!Qmbo!eftjhobujpo!cfjoh sfrvftufe/Buubditjuf!qmbot-cvjmejohfmfwbujpot-!gmppsqmbot-boe!puifsepdvnfoubujpoup!gvmmzeftdsjcf!uifbqqmjdbujpo/Uif tvcnjttjpo!pg!bqsfmjnjobszqspqptbmboe!b!Qsf.Bqqmjdbujpo!Nffujoh!jt!fodpvsbhfeqsjpsuptffljoh!bqqspwbm/!Qmfbtfdpoubduuif PofTupq!Efwfmpqnfou!Tipq!bu!)617*!769.3:22!gps!gvsuifs!jogpsnbujpo/ ENCUMBRANCES Eftdsjcf!boz!fbtfnfout-!sftusjdujwf!dpwfobout-!boepuifs!fodvncsbodft!bggfdujoh!uif!mboe/ AUTHORIZATION Bt!pg!uif!ebuf!pg!uijt!bqqmjdbujpo-!J-!uif!voefstjhofe-!bn!uif!sfhjtufsfe!pxofspg!uif!mboeeftdsjcfe!jo!uijt!bqqmjdbujpops!uif! bvuipsj{fe!bhfou!uifsfpg-!boe!J!ibwf!fybnjofe!uif!dpoufout!pg!uijt!bqqmjdbujpo!boeifsfcz!dfsujgz!uibu!uif!jogpsnbujpo!tvcnjuufe!xjui! uif!bqqmjdbujpo!jt!dpssfdu!jotpgbs!bt!J!ibwf!lopxmfehf!pg!uiftf!gbdut-!boe!J!ifsfcz!bvuipsj{f!uif!bqqmjdbou!up!sfqsftfouuijt!nbuufs!boe! up!qspwjef!boz!beejujpobmjogpsnbujpo!uibu!xjmm!cf!ofdfttbszgps!uijt!bqqmjdbujpo/ Sfhjtufsfe!Pxofs!ps!Bvuipsj{fe!BhfouBeejujpobm!Sfhjtufsfe!Pxofs EbufEbuf Uif!jogpsnbujpo!dpoubjofe!jo!uijt!bqqmjdbujpo!boe!boz!epdvnfoubujpo-!jodmvejoh!qmbot-!esbxjoht-!sfqpsut-!boe!tuvejft-!qspwjefe!jo! tvqqpsu!pg!uijt!bqqmjdbujpo!xjmm!cfdpnf!qbsu!pg!uif!qvcmjd!sfdpse/ Dpvodjm!BqqmjdbujpoGpsn gbuipntuvejp/db Kfoojgfs!Ljsdiofs- Nbobhfs!pg!Dpnnvojuz!Qmboojoh 2!Tubss!Mbof Djuz!pg!Tbjou!Kpio!}!Wjmmf!ef!Tbjou!Kpio Ebsunpvui-!OT xxx/tbjoukpio/db C3Z!5W8 BSDIJUFDUVSF!MBOETDBQF!BSDIJUFDUVSF!QMBOOJOH!JOUFSQSFUJWF!XBZGJOEJOH!CSBOEFE!FOWJSPONFOUT Ufdiopmphz!Esjwf!Sf{pojoh!boe!Qmbo!Bnfoenfou!Sfrvftu Efbs!Kfoojgfs- Xf!ibwf!cffo!xpsljoh!xjui!uif!mboe!pxofst!up!qsfqbsf!b!nbtufs!qmbo! Jttvfe gps!uif!sfnbjojoh!qpsujpo!voefwfmpqfe!qpsujpot!pg!uif!Ufdiopmphz!Esjwf! Nbz!6-!3132 qspqfsujft!)QBO!16:11293!boe!16:112:1*!po!cfibmg!pg!uif!uxp!mboe! pxofst!xip!xpvme!mjlf!up!efwfmpq!b!’nptumz“!sftjefoujbm!efwfmpqnfou!po! mboe!dvssfoumz!{pofe!bt!Cvtjoftt!Qbsl!Dpnnfsdjbm!)DCQ*/!Jo!sfwjfxjoh! uif!Nvojdjqbm!Qmbo!boe!\[pojoh!Czmbx-!ju!mpplt!mjlf!uifz!xjmm!offe!b!qmbo! bnfoenfou!boe!sf{pojoh!up!bewbodf!b!nfejvn!efotjuz!sftjefoujbm! efwfmpqnfou!po!uiftf!mboet/!Uipvhi!uif!DCQ!{pof!qfsnjut!vqqfs.tupsfz! nvmuj.voju!sftjefoujbm!efwfmpqnfou-!ju!sfrvjsft!dpnnfsdjbm!efwfmpqnfou! Pof!pqujpo!xpvme!cf!up!dibohf!uif!Dpoejujpobm!Vtft!qfsnjuufe!voefs! dpotfrvfodf!xpvme!cf!uibu!ju!xpvme!bqqmz!jo!puifs!tjnjmbsmz!{pofe!bsfbt/! Xf!tvtqfdu!uijt!nbz!opu!cf!xfmm!sfdfjwfe/!B!tfdpoe!pqujpo!xpvme!cf!up! sf{pof!uif!qspqfsuz!up!b!npsf!dpnqbujcmf!vtf!xjui!b!tjnjmbs!ifjhiu!boe! efotjuz!uibu!njhiu!cf!qfsnjuufe!voefs!uif!DCQ!{pof/!Jo!uijt!dbtf-!uif! Ijhi!Sjtf!Sftjefoujbm!\[pof!)ISS*!jt!sfmbujwfmz!tjnjmbs!cvu!ju!pggfst!41n!pg! ifjhiu!jo!dpnqbsjtpo!up!uif!35!n!qfsnjuufe!voefs!DCQ!boe!cpui!sfrvjsf! xpvme!cf!uif!cftu!bqqspbdi!cvu!J!xpvme!cf!ibqqz!up!ejtdvtt!puifs! qsfgfssfe!bqqspbdift/! Bnfoenfou!Sbujpobmf Uif!dvssfou!DCQ!\[pof!jt!hfbsfe!upxbset!b!njyfe.vtf!efwfmpqnfou! ”tvqqpsu!b!sbohf!pg!sftjefoujbm!boe!dpnqbujcmf!fnqmpznfou!vtft! mjhiu!nbovgbduvsjoh!boe!bttfncmz/•!Ufdiopmphz!Esjwf!xbt!efwfmpqfe!jo! jt!pvs!voefstuboejoh!uibu!uifsf!ibt!cffo!mjuumf!joufsftu!ps!vqublf!jo!uif! vtft!qspqptfe!jo!uif!{pof/! Uif!tjuf!tjut!po!b!ijhi!cmvgg!pwfsmppljoh!uif!ibscpvs!boe!xjui!471! efhsff!wjfxt!pg!opsui!Tbjou!Kpio/!Ju!jt!pvs!voefstuboejoh!uibu!tjuf!jt! xfmm!tfswjdfe!xjui!xbufs!boe!tfxfs!up!tvqqpsu!jut!cvjmepvu!boe!uifsf! jt!befrvbuf!tfxfs!dbqbdjuz!up!tvqqpsu!efwfmpqnfou!jo!uijt!qbsu!pg! 2 uif!Djuz/!Uif!fmfwbufe!wjfxt!qspwjef!bo!fydfmmfou!pqqpsuvojuz!gps!ijhi! rvbmjuz!sftjefoujbm!efwfmpqnfou!boe!uif!dmptf!qspyjnjuz!pg!uif!Tpnfstfu! dpmmfdups!boe!nvmuj.voju!sftjefoujbm!efwfmpqnfout!up!uif!tpvui!nblft! uijt!bo!jefbm!tjuf!gps!ijhi!efotjuz!sftjefoujbm!efwfmpqnfou/!Uif!tjuf!jt! xfmm!xjuijo!xbmljoh!ejtubodf!pg!nboz!dpnnfsdjbm!opeft!jodmvejoh!uif! Mboetepxo!Qmb{b!boe!uif!Tvqfstupsf!Qmb{b!po!Tpnfstfu-!bt!xfmm!bt! xbmlbcmf!bsfb!pg!uif!Djuz/! Uif!sfrvftufe!sf{pojoh!jt!hfofsbmmz!dpotjtufou!xjui!uif!dvssfoumz! qfsnjuufe!dpoejujpobm!vtft!cvu!ju!epft!fmjnjobuf!tpnf!Cvtjoftt!Dfousf! vtft!xijdi!ibwf!opu!tipxo!nvdi!efwfmpqnfou!joufsftu!pwfs!uif!mbtu!31! zfbst/!Uijt!efwfmpqnfou!xjmm!fbtf!tpnf!pg!uif!qsfttvsf!gps!bggpsebcmf! ipvtjoh!jo!Tbjou!Kpio/ Qmbo!Bnfoenfou Esjwf!bt!b!’Cvtjoftt!Dfousf“!boe!ju!jt!eftjhobufe!po!Tdifevmf!C!bt!tvdi/! Sfdphoj{f!uibu!uif!Tpnfstfu!Cvtjoftt!Qbsl!ibt!cffo!ftubcmjtife!xftu!pg! Tpnfstfu!Tusffu!bekbdfou!up!Ufdiopmphz!Esjwf/!Gvsuifs!efwfmpqnfou!qpufoujbm! dpoujovft!up!fyjtu!jo!uif!Tpnfstfu!Cvtjoftt!Qbsl!boe!ju!tibmm!cf!uif!qpmjdz!pg!Dpvodjm!up! fodpvsbhf!uif!vtf!pg!uiftf!mboet!gps!bo!bqqspqsjbuf!sbohf!pg!ufdiopmphz-!lopxmfehf-! nbz!dpotjefs!beejujpobm!jowftunfou!jo!jogsbtusvduvsf!up!tvqqpsu!gvsuifs!efwfmpqnfou!pg! uif!Tpnfstfu!Cvtjoftt!Qbsl/ Ju!xpvme!bqqfbs!uibu!xf!xpvme!offe!up!bnfoe!ps!efmfuf!qpmjdz!MV.79! bnfoenfou!qspdftt/ Sf{pojoh Uif!efwfmpqfs!xpvme!bqqsfdjbuf!dpotjefsbujpo!gps!sf{pojoh!uif!mboe! gspn!DCQ!up!SI!gps!uif!sfbtpot!pvumjofe!bcpwf/!Uif!tjuf“t!dibmmfohjoh! upqphsbqiz!xjmm!sfrvjsf!uif!dbsfgvm!tjujoh!pg!nvmuj.voju!cvjmejoh!dmvtufst! jnqpsubou!wjfx!dpssjepst!up!Tbjou!Kpio!Ibscpvs!up!uif!tpvui!fbtu-! boe!uif!dbsfgvm!eftjho!pg!qvcmjd!boe!qsjwbuf!qbsl!tqbdft!cfuxffo!uif! cvjmejoht/!Po!uif!qfsjqifsz!pg!uif!efwfmpqnfou!bmpoh!Spqfxbml!Spbe-! uifsf!nbz!cf!pqqpsuvojujft!gps!tnbmmfs!tdbmf!tfnjt!ps!Upxoipnft! xifsf!uif!hsbeft!qfsnju/!Tjnjmbsmz-!uifsf!nbz!cf!pqqpsuvojujft!gps! tnbmmfs!ipvtjoh!gpsnt!po!uif!opsui!qbsu!pg!ufdiopmphz!Esjwf/!Uif!SI! nvmuj!voju!ipvtjoh!gpsnt/!Xf!xpvme!opu!boujdjqbuf!tjohmf!gbnjmz!ipvtjoh! dpnnfsdjbm!jo!tpnf!bsfbt!pg!uif!efwfmpqnfou/! Uif!Nbtufs!Efwfmpqnfou!Qmbo!'!Qsp!Gpsnb Uif!nbtufs!qmbo!ibt!cffo!efwfmpqfe!up!qsftfswf!tjhobuvsf!wjfxt-!nbyjnj{f!njdspdmjnbujd! jnqbdut-!jnqspwf!xbmlbcjmjuz!boe!dpoofdujwjuz-!boe!qsftfswf!tjhobuvsf!qbsl!tqbdft!cfuxffo! cvjmejoht/!Uif!efwfmpqfst!bsf!bmtp!joufsftufe!jo!b!2/6!qbsljoh!sbujp!xjui!bmnptu!ibmg!pg!uif! qbsljoh!voefshspvoe-!njojnj{joh!uif!tvsgbdf!qbsljoh!mput/!Pof!ofx!tusffu!fyufotjpo!jt! qspqptfe!bu!uif!njeemf!pg!Ufdiopmphz!Esjwf!beejoh!bcpvu!:1n!pg!dvm!ef!tbd!poup!291n!pg! Uif!nbtufs!qmbo!boujdjqbuft!bcpvu!611!ofx!vojut!po!QBO!16:11293!boe!16:112:1/!Jo! Uijt!dbmdvmbujpo!uif!qmboofst!ibwf!bttvnfe!!bo!bwfsbhf!voju!tj{f!pg!211!tr/n/!Qfs!voju/!Jg!uif! voju!njy!jt!tnbmmfs!uifsf!xjmm!cf!b!gfx!npsf!vojut-!jg!mbshfs!uifsf!xjmm!cf!b!gfx!mftt!vojut/!Uif! cfesppn!vojut/! TechnologyDriveProForma 23Feb BuildingUnits/FloorStoreysUnitsAGParkingUGParkingTotalParking BuildingA12672594099 BuildingB125606940109 BuildingC124486340103 BuildingD12448364076 BuildingE12560344074 BuildingF14798504696 BuildingG12672564096 BuildingH12448384078 SubTotalMultis506731 !Uif!qspqptfe!cvjmejoh!ifjhiut!bsf!wbsjfe!up!qsftfswf!wjfxt!up!uif!tpvuifbtu!boe!up! qspwjef!tpnf!wjtvbm!joufsftu!pg!uif!efwfmpqnfou!xifo!wjfxfe!gspn!b!ejtubodf/!Ifjhiut! wbsz!gps!fbdi!cvjmejoh!cvu!uif!pwfsbmm!qbsljoh!sbujp!jt!jo!uif!sbohf!pg!2/6!xjui!pwfs!ibmg!uif! Jg!zpv!ibwf!boz!rvftujpot!bcpvu!uijt!sf{pojoh!boe!qmbo!bnfoenfou!sfrvftu-!qmfbtf!gffm! gsff!up!sfbdi!pvu!up!nf!bu!zpvs!dpowfojfodf/ Tjodfsfmz-! Spc!MfCmbod-!Qmboofs :13!572!3636!y213!ejsfdu-!:13!594.3535!npcjmf spc/mfcmbodAgbuipntuvejp/db Subdivision Application GROWTH & COMMUNITY DEVELOPMENT SERVICES CITY OF SAINT JOHN CIVIC ADDRESSAPPLICATION #FEE PAID Z!O! TYPE OF APPLICATION JotusvnfouU2Tvcejwjtjpo!U3!Tvcejwjtjpo! Epdvnfout!sfrvjsjoh!Efwfmpqnfou!Mpu!cpvoebsz!bekvtunfout-!Tvcejwjtjpot!jowpmwjoh!uif!dpotusvdujpo! Pggjdfs!foepstfnfou!gps!sfhjtusbujpodpotpmjebujpot-!boe!ofx!mput!bmpoh!bopg!b!tusffu!! fyjtujoh!tusffu Tfswjdf!Gff;!%61Tfswjdf!Gff;!%611!qmvt!%211!qfs!ofx! Tfswjdf!Gff;!%361qmvt!%61!qfs!ofx!cvjmejoh!mpu cvjmejohmpu DETAILED DESCRIPTION OFAPPLICATION Buubdiuifjotusvnfoupsufoubujwf!tvcejwjtjpo!qmbo-!xijdifwfs!jt!bqqmjdbcmf-!boe!boz!beejujpobm!epdvnfoubujpoup!gvmmz!eftdsjcf!uif bqqmjdbujpo/Ufoubujwftvcejwjtjpo!qmbot!nvtu!beifsf!upuif!sfrvjsfnfoutpg!uif Community Planning Act pg!OfxCsvotxjdl/!Jo!uif dbtf!pgbU3Tvcejwjtjpo-!uif!tvcnjttjpo!pgbqsfmjnjobszqspqptbmboebQsf.Bqqmjdbujpo!Nffujoh!xjui!Djuz!tubgg!jt!fodpvsbhfe qsjps!up!tffljoh!bqqspwbm/Qmfbtf!dpoubdu!uifPofTupq!Efwfmpqnfou!Tipqbu!)617*!769.3:22gps!gvsuifsjogpsnbujpo/ ENCUMBRANCES Eftdsjcf!boz!fbtfnfout-!sftusjdujwf!dpwfobout-!boepuifs!fodvncsbodft!bggfdujoh!uif!mboe/ AUTHORIZATION Bt!pg!uif!ebuf!pg!uijt!bqqmjdbujpo-!J-!uif!voefstjhofe-!bn!uif!sfhjtufsfe!pxofs!pg!uif!mboeeftdsjcfe!jo!uijt!bqqmjdbujpops!uif! bvuipsj{fe!bhfou!uifsfpg-!boe!J!ibwf!fybnjofe!uif!dpoufout!pg!uijt!bqqmjdbujpo!boe!ifsfcz!dfsujgz!uibu!uif!jogpsnbujpo!tvcnjuufe!xjui! uif!bqqmjdbujpo!jt!dpssfdu!jotpgbs!bt!J!ibwf!lopxmfehf!pg!uiftf!gbdut-!boe!J!ifsfcz!bvuipsj{f!uif!bqqmjdbou!up!sfqsftfouuijt!nbuufs!boe! up!qspwjef!boz!beejujpobmjogpsnbujpo!uibu!xjmm!cf!ofdfttbsz!gps!uijt!bqqmjdbujpo/ Sfhjtufsfe!Pxofs!ps!Bvuipsj{fe!BhfouBeejujpobm!Sfhjtufsfe!Pxofs EbufEbuf Uif!jogpsnbujpo!dpoubjofe!jo!uijt!bqqmjdbujpo!boe!boz!epdvnfoubujpo-!jodmvejoh!qmbot-!esbxjoht-!sfqpsut-!boe!tuvejft-!qspwjefe!jo! tvqqpsu!pg!uijt!bqqmjdbujpo!xjmm!cfdpnf!qbsu!pg!uif!qvcmjd!sfdpse/ TvcejwjtjpoBqqmjdbujpo!Gpsn3 COMMON COUNCIL REPORT M&C No. 2021-180 Report Date June 09, 2021 Meeting Date June 14, 2021 Service Area General Counsel Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT: Truth and Reconciliation Commission Calls to Action and Indigenous Recognition AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Jacqueline Boucher and Melanie Tompkins John Collin Melanie Tompkins RECOMMENDATION 1.!That the City cease using in its records and actions; and further 2.!That the City Manager take the necessary steps to have the name removed from other sources (including Google maps) as soon as possible; and further 3.!That, through the Civic Commemoration Committee, the City make it a priority to consult with stakeholders and community members to have the community currently officially renamed through the New Brunswick Department of Tourism, Culture, and Heritage, and updated in the Geographical Names Board of Canada. EXECUTIVE SUMMARY At the Council meeting held March 22, 2021, Council expressed a desire, and the City Manager committed, to include an appropriate recognition of Indigenous People during council meetings. Indigenous land acknowledgments are one way to recognize Indigenous people. They are being used more prominently since the Truth and Reconciliation Commi The purpose of this report is to outline the general history of the Truth and Reconciliation Commission of Canada, the Calls to Action aimed at local governments, the background on land acknowledgment, the stakeholder consultation we completed, and to discuss ways in which The City of Saint John could promote reconciliation. During our consultation, comment was made that one way for the City to promote reconciliation is to remove PREVIOUS RESOLUTION N/A - 2 - REPORT 1. The Truth and Reconciliation Commission of Canada and the Calls to Action settlement between Residential Schools Survivors, the Assembly of First Nations, Inuit representatives and the parties responsible for the creation and operation of the schools: the federal government and church bodies. The TRC carried out extensive research and heard from a multitude of Residential Schools Survivors, their families, members of their communities, former staff of Residential Schools and others. The TRC Final Report was released in 2015 and includes 94 Calls to Action. The Calls to Action are an appeal to mobilize all levels of government, organizations, and individuals to make concrete changes in society. The Calls to Action list specific actions to redress the legacy of Residential Schools and advance the process of reconciliation. Residential Schools were an aggressive policy developed under the authority of a federal law called the Indian Act. They were first created in 1886 and the last one closed in 1996. Indian Act, under which the schools were developed, as follows: The great aim of our legislation has been to do away with the tribal system and assimilate the Indian people in all respects with the other inhabitants of the 1 Dominion as speedily as they are fit to change." 21 things You May Not Know About , writes that it is estimated that between 6000 and 15,000 children who 2 attended Residential Schools between 1870 and 1996 either died or disappeared. The TRC found that the use of residential schools resulted in complete disruption to Indigenous communities, on-going and intergenerational trauma, the loss of language and cultural practices, poverty, a disproportionate rate of incarceration of Indigenous people, and hundreds of missing and murdered Indigenous women. In the end, the TRC The TRC Final Report has caused individuals, organizations and governments to realize that they not only have a role to play but a moral responsibility to make amends for the past. Of the 94 Calls to Action, 5 are directed to local and other levels of government. They are: 3 - We call upon federal, provincial, territorial, and municipal governments to fully adopt and implement the United Nations Declaration on the Rights of *Note: The United Nations Declaration on the Rights of Indigenous People is the most comprehensive international instrument on the 1 R. Douglas Francis et al., Destinies : Canadian History since Confederation (Toronto: Nelson Publishing, 2008), 44.; Bob Joseph, 21 things you may not know about the Indian Act (Port Coquitlam: Indigenous Relations Press, 2018), 40. 2 Bob Joseph, 21 things you may not know about the Indian Act, supra, at p. 52. - 3 - rights of indigenous peoples. It establishes a universal framework of minimum standards for the survival, dignity, and well-being of the indigenous peoples of the world and it elaborates on existing human rights standards and fundamental freedoms as they apply to the specific situation of indigenous peoples. We call upon federal, provincial, territorial, and municipal governments to repudiate concepts used to justify European sovereignty over Indigenous peoples and lands, such as the Doctrine of Discovery and terra nullius, and to reform those laws, government policies and litigation strategies that continue - We call upon federal, provincial, territorial, and municipal governments to provide education to public servants on the history of Aboriginal peoples, including the history and legacy of residential schools, the United Nations Declaration on the Rights of Indigenous Peoples, Treaties and Aboriginal rights, Indigenous law and Aboriginal-Crown relations. This will require skills-based training in intercultural competency, conflict resolution, human rights, and anti- - We call upon the federal government to work with provincial, territorial, and municipal governments, churches, Aboriginal communities, former residential school students, and current landowners to develop and implement strategies and procedures for the ongoing identification, documentation, maintenance, commemoration, and protection of residential school cemeteries or other sites at which residential school children were buried. This is to include the provision of appropriate memorial ceremonies and commemorative markers to honour the deceased chil - We call upon provincial, territorial, municipal, and community archives to work collaboratively with the National Centre for Truth and Reconciliation to identify and collect copies of all records relevant to the history and legacy of the residential school system, and to provide these to the National Centre for Truth There are also eight 40, 55, 64, 87 and 88. The recent announcement of the discovery of the remains of 215 children, some as young as 3, at the site of the Kamloops Indian Residential School in British Columbia, by the Tk'emlúps te Secwépemc First Nation, in late May is a stark reminder for governments and others of the need to address the Calls to Action and to embark on the path to reconciliation. We note that, in addition to the TRC Calls to Action, another significant report into Missing was released on June 3, 2019 following a National Inquiry. This report included 231 individual Calls to Justice directed at all levels of government, social service providers, industry, and all Canadians. - 4 - Our consultations revealed that Indigenous people and communities are generous with their time and wisdom, and prepared to help guide governments down the path of reconciliation. For example, in a recent letter to her Worship Noade Reardon and the General Counsel, received June 8, 2021, Chief George Ginnish and Chief Rebecca Inc. have offered to provide educational sessions o. Should the City choose to take further steps down the path of reconciliation, it should consider accepting this offer. 2. Land Acknowledgments The TRC Final Report and Calls to Action resulted in a significant rise in the use of land acknowledgments as a move toward reconciliation. A land acknowledgment is a statement made to recognize the long history of Indigenous populations on the land before European contact and colonization and demonstrates active thought about what happened in the past and creates space for Indigenous reconciliation to happen in the present and future. By having arranged for a smudging ceremony, the reading of a land acknowledgment and the singing of the Honor Song at the outset of the June 14, 2021 Council meeting, by making the land acknowledgment a part of every council meeting moving forward, and by considering the recommendation in this report, The City of Saint John is making space for reconciliation and taking steps towards the fulfilment of the Calls to Action aimed at local governments. 3. Stakeholder Consultation A.!The Province of NB. We began our consultation in late March by contacting the Legislative Assembly of New Brunswick, to get a sense of the LegislatureWe were advised that the Lieutenant-Governor has done land acknowledgments and obtained the text of the land acknowledgements given in Speeches from the Throne Opening Sessions of the Legislative Assembly for the past 3 years. B.!Eastern Circle Following the Council meeting of March 22, 2021, when the land acknowledgment was raised and discussed, Eastern Circle, an organization advocating for Indigenous communities in Saint John, provided a statement to the Saint John Times Globe regarding the issue. We were able to speak with Mykayla Spinney, one of the co-founders of Eastern Circle. Ms. Spinney provided invaluable information on the land acknowledgment and where it should fall in the order of business on the council agenda. She also discussed with us the use of an Indigenous flag at City Hall, and graciously offered to attend the th Council meeting on June 14 to perform a smudging ceremony and to sing the Honour Song. C.!The Wolastoqey Nation in New Brunswick In April, we spoke with a lawyer who represents the Wolastoqey Nations in New Brunswick who provided insight on the historical relationship Indigenous communities have with the land upon which the City of Saint John rests. We also spoke with the Legal - 5 - and Governance Advisor to the Wolastoqey Nation in New Brunswick, whose guidance and input on land acknowledgments were also insightful. D.!Aboriginal Peoples Council We contacted the New Brunswick Aboriginal Peoples Council, an organization that represents off-reserve Aboriginal people. Unfortunately, we had not yet received a response at the time of preparation of this report. E.!Moncton and Fredericton We spoke with the City Solicitors for the Cities of Moncton and Fredericton to understand their current practice regarding Indigenous recognition. It is our understanding that an Indigenous flag is flown in Moncton and that the City of Fredericton has a full-time Manager of First Nations Relations and Special Projects. F.!The Honorable Graydon Nicholas The Honourable Graydon Nicholas was the Lieutenant Governor of New Brunswick from 2009 to 2014, becoming the first Indigenous person to hold this office. We had an enriching and educational conversation on Indigenous history and language in the Saint John region with the Honourable Mr. Nicholas, who informed us that an important Treaty was signed in 1778 between Indigenous people and the British Crown at Fort Howe, here in what is now known as Saint John. The Honorable Mr. Nicholas offered to draft language for a land acknowledgment for The City of Saint John and accepted our offer to read it at the first meeting of the newly elected Council. The final text of the land acknowledgment prepared by the Honorable Graydon Nicholas, which incorporates small changes by other stakeholders, is as follows: raditional territory of the Wolastoqiyik/Maliseet. The Wolastoqiyik/Maliseet along with their Indigenous neighbours, the Mi'Kmaq/Mi'kmaw and Passamaquoddy/Peskotomuhkati signed Peace and Friendship Treaties with the British Crown in the 1700s that protecte th This is the text that will be read at the outset of the June 14 meeting of Council by the Honorable Mr. Nicholas. The reading will be preceded by a smudging ceremony by Ms. Mykayla Spinney of Eastern Circle, and followed by the singing of the Honor Song by Ms. Spinney. More stakeholder consultation will be required should the City chose to take further steps on the Calls to Action. The consultation outlined in this report was focused on developing appropriate language for a land acknowledgment at council meetings and was conducted within a relatively short timeline. - 6 - 4. From the Canadian Association of University Teachers: of cultivating strong relationships with the First Peoples of Canada. Acknowledging territory and First Peoples should take place within the larger context of genuine and ongoing work to forge real understanding, and to challenge the legacies of colonialism. Territorial acknowledgements should not simply be a pro forma Through our stakeholder consultations, the eradication of to describe a community in the North End - was mentioned as a possible step the City could take toward reconciliation. The terminology is outdated and offensive. According to the Provincial Archives of New Brunswick, that community is identified as being located near the mouth of the Saint John River, 3.2 km Northwest of Saint John, in Ward 2. It was named for a trading house built by James White in 1779. In 1871 the community had steamer wharves, several large sawmills, and a population of 1,500. The name is included in the Canadian Geographical Names Database which is run by the Geographical Names Board of Canada (GNBC). GNBC has published a , which we have obtained. We are informed by the Department of Tourism, Culture, and Heritage, that there is an application process through that department which eventually would reach the Canadian Geographical Names Database. After consulting with the Growth and Community Services Department, we also understand that a request can be sent to Esri Inc. to have the name expunged or changed in its database and the third-party toponym data it is referencing. Esri, Google, and Mapbox together account for the most used web maps and applications. We are also aware of other instances where . For example, we note that the Canada Mortgage and Housing Corporation is using the name as a geographic area in its Housing Market Information Portal. There are opportunities for the City to effect change toward reconciliation by eradicating its use and the use . Within the staff of City Hall, the term has already been restricted from use. We recommend that the City and its Boards, Agencies and Commissions, cease using the word in all records and actions, and take steps to cause this word to be expunged from other records. And because we expect that usage is likely to continue unless the City renames the community, we also recommend that the City take the steps necessary to officially rename that community. - 7 - STRATEGIC ALIGNMENT This report and the recommendation align with the , which recognizes and celebrates which promotes Saint John as a community for all to live, work and play. SERVICE AND FINANCIAL OUTCOMES N/A INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS We consulted with the following stakeholders in the preparation of this report: -!The Honourable Graydon Nicholas, Lieutenant Governor of New Brunswick from 2009 to 2014; -!The Legislative Assembly of New Brunswick; -!A solicitor for the Wolastoqey First Nations in New Brunswick; -!The Legal and Governance Advisor, Wolastoqey Nation in New Brunswick; -!City Solicitors for the City of Moncton and the City of Fredericton; -!The Manager of First Nations Relations and Special Projects, City of Fredericton; -!The New Brunswick Aboriginal Peoples Council (no response); -!Mykayla Spinney, co-founder of Eastern Circle; -!Arts and Culture Coordinator, Growth and Community Services, City of Saint John. We received and considered correspondence from Chief George Ginnish and Chief ATTACHMENTS Nil June 14, 2021 Recognition TRC Calls to Action and Indigenous The Residential School SystemThe Truth and Reconciliation Commission and Calls to Action Land AcknowledgmentsRenaming “Indiantown” 2 Table of Contents: 1.2.3.4. Before there can be reconciliation, there must be truth… 3 1. The Residential School System 1879 , Sir John A. Macdonald - Thomas Moore Keesickcirca. 1891 4 “When the school is on the reserve, the child lives with its parents, who are savages, and though he may learn to read and write, his habits and training mode of thought are Indian. He is simply a savage who can read and write. It has been strongly impressed upon myself, as head of the Department, that Indian children should be withdrawn as much as possible from the parental influence, and the only way to do that would be to put them in central training industrial schools where they will acquire the habits and modes of thought of white men.” 1. The Residential School System 5 1. The Residential School System Indian Act” by Bob Joseph From “21 Things You May Not Know About the - 6 1. The Residential School System The continuing legacy of residential schools: “The legacy of the residential school system continues to impact Indigenous people, families, and communities. On its doorstep we can lay the responsibility for the high poverty rates, the large number of Indigenous children in foster care, the disproportionate number of incarcerated Indigenous people, and the hundreds of missing and murdered Indigenous women.” 94 Calls to Action – TRC created through a legal settlement between Residential Schools Survivors, the Assembly of First Nations, Inuit representatives and the parties responsible for creation and operation of the schools: the federal government and the church bodies. Final Report in 2015 7 2. The Truth and Reconciliation Commission and Calls to Action •• included 231 Individual Calls to Justice. – the “destruction of those structures and 2019 – 15,000 children died or disappeared at or - Between 6,000following their attendance at Residential Schools. In total, approximately 150,000 children attended residential schools. Many of the children who died have not yet been found. “Cultural Genocide”: practices that allow the group to continue as a group.” A coherent policy to eliminate Aboriginal people as a distinct peoples and force assimilation. The National Inquiry into Missing and Murdered Indigenous Women and Girls 8 2. The Truth and Reconciliation Commission and Calls to Action The TRC Final Report concluded that: ••• First Nation, Secwépemc te to address the Calls to Action. discovery of the remains of 215 The recent announcement of the announced on May 27, 2021, has School in British Columbia, by the children, some as young as 3, at the 9 Tk'emlúps site of the Kamloops Indian Residential reminded Canada of the very real need 2. The Truth and Reconciliation Commission and Calls to Action - time event, it is a multi - Truth and Reconciliation Commission of Canada - generational journey that involves all Canadians.” reconciliation is not a one “From the outset, this Commission has emphasized that 10 2. The Truth and Reconciliation Commission and Calls to Action We call upon federal, provincial, territorial, and municipal governments to fully adopt and implement the United Nations Declaration on the Rights of Indigenous Peoples as the framework for reconciliation.We call upon federal, provincial, territorial, and municipal governments to repudiate concepts used to justify European sovereignty over Indigenous peoples and lands, such as the Doctrine of Discovery and terra nullius, and to reform those laws, government policies and litigation strategies that continue to relay on such concepts. 11 2. The Truth and Reconciliation Commission and Calls to Action Direct Calls to Action for Municipalities (43, 47, 57, 75, and 77)43.47. - racism. - Crown relations. This will require skills - We call upon federal, provincial, territorial, and municipal governments to provide education to public servants on the history of Aboriginal peoples, including the history and legacy of residential schools, the United Nations Declaration on the Rights of Indigenous Peoples, Treaties and Aboriginal rights, Indigenous law and Aboriginalbased training in intercultural competency, conflict resolution, human rights, and anti continued – 12 2. The Truth and Reconciliation Commission and Calls to Action Direct Calls to Action for Municipalities (42, 47, 57, 75, and 77) 57. the deceased honour We call upon the federal government to work with provincial, territorial, and municipal governments, churches, Aboriginal communities, former residential school students, and current landowners to develop and implement strategies and procedures for the ongoing identification, documentation, maintenance, commemoration, and protection of residential school cemeteries or other sites at which residential school children were buried. This is to include the provision of appropriate memorial ceremonies and commemorative markers to children. continued – 13 2. The Truth and Reconciliation Commission and Calls to Action Direct Calls to Action for Municipalities (42, 47, 57, 75, and 77) 75. We call upon provincial, territorial, municipal, and community archives to work collaboratively with the National Centre for Truth and Reconciliation to identify and collect copies of all records relevant to the history and legacy of the residential school system, and to provide these to the National Centre for Truth and Reconciliation. continued – 14 2. The Truth and Reconciliation Commission and Calls to Action Direct Calls to Action for Municipalities (42, 47, 57, 75, and 77) 77.Indirect Calls to Action for municipalities: 3, 17, 23, 40, 55, 64, 87, and 88 European contact and colonization and land reconciliation to happen in the present and future. happened in the past and creates space for Indigenous long history of Indigenous populations on the land before acknowledgments demonstrate active thought about what 15 A land acknowledgment is a statement made to recognize the 3. Land Acknowledgments Inc Tplu’taqnn Mi’gmawe’l of Knockwood and Chief Rebecca Ginnish Indigenous children at a former residential school in Kamloops, BC. Deputy Clerk of the New Brunswick Legislature Lawyer for the First Nations in New Brunswick The Wolastoqey Nation in New Brunswick (representing the 6 Wolastoqey communities in New Brunswick) City Solicitors for Moncton and Fredericton Manager of First Nations Relations and Special Projects for the City of FrederictonMykayla Spinney of Eastern Circle Chief George The Honourable Graydon Nicholas their time and knowledge in the effort to establish a land acknowledgment for We are indebted to the members of the Indigenous community who granted us the City of Saint John, particularly following the discovery of the remains of 215 16 3. Land Acknowledgement Consultations with: and signed Peace and /Maliseet. The Mi'kmaw / Mi'Kmaq is situated is the traditional resources. Wolastoqiyik Peskotomuhkati , the /Maliseet along with their Indigenous Menaquesk The land on which the City of Saint neighbours territory of the John/1700s that protected their rights to lands and Friendship Treaties with the British Crown in the Wolastoqiyik 17 Passamaquoddy/ 3. City of Saint John Land Acknowledgement . This community is located near the mouth of the Saint John River, 3.2 km Northwest of Saint John, and was named for a trading house built by James White in 1779, currently in Ward 2. The name is included in the Canadian Geographical Names Database which is run by the Geographical Names Board of Canada (GNBC).Changes to official names are made through application to the New Brunswick Toponomy Manager with the Department of Tourism, Culture, and Heritage. 18 4. Renaming “Indiantown” ••• a as it andand . have name to maps) renamed make the Canada records Culture, City of its have Google members the inofficially to Board Tourism, steps of (including Names community Committee, “Indiantown” “Indiantown” and sources as necessary word Department the other Geographical the known the take stakeholders from Commemoration in further using Brunswick with Civic and currently ; Manager cease the removed updated New further consult City City and the and possible to ; through the the as community ThatactionsThat“Indiantown”That,prioritythethroughHeritage, soon 19 Recommendation 1.2.3. Questions? 20 COMMON COUNCIL REPORT M&C No. 2021-166 Report Date June 08, 2021 Meeting Date June 14, 2021 Service Area Public Works and Transportation Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT: University Avenue Traffic Safety and Active Transportation Improvements AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Michael Hugenholtz John Collin RECOMMENDATION Your City Manager recommends Common Council endorse the traffic safety and Active Transportation Improvements on University Avenue, as described as the in M&C 2021-166. EXECUTIVE SUMMARY During a 2020 presentation to Common Council as the City is finishing the third City staff listed a series of early deliverables one of these early deliverables. This report works towards putting that plan into action. Three goals are planned to be accomplished with the improvements proposed for University Avenue in this report: 1.!Address concerns expressed by various members of the community regarding risk to motorist safety at the western end of University Avenue, 2.!Improve pedestrian safety along University Avenue, and 3.!Implement improvements to cycling infrastructure on University Avenue. Assessment by City staff, review of available data, use of industry best practices, and consultations contributed to the plan presented in this report. It is recommended the attached City Staff presentation be referenced as this report is reviewed as the presentation contains several visual guides to help explain the plan. - 2 - PREVIOUS RESOLUTION Common Council was briefed at a high level on this project as part of a 2020 presentation and a May 3, 2021 staff report on overall 2021 traffic safety improvement initiatives. However, several current members of Common Council were not present at the time of these previous reports, this report also provides contextual information. REPORT University Avenue includes five vehicle lanes. The centre vehicle lane is only available at certain points along the street where vehicles need to turn left in either direction; a centre median exists where these left turns are not permitted and/or required. The two vehicle lanes along the curb are currently designated as lanes to be shared between motorists and cyclists. There are sidewalks along both sides of the street. There are five crosswalks along the street (Millidge Avenue, at the Gorman arena, Polaris Court, Varsity Street/hospital access, and Sandy Point Road) and all but the one at Sandy Point Road are marked crosswalks. The street carries less than 10,000 vehicles per day and has a 60 KM/H speed limit. University Avenue connects Millidge Avenue to Sandy Point Road, each having one through lane in either direction. The Saint John Regional Hospital, indirect access to University of New Brunswick (Saint John), a City arena, and several apartment complexes all front onto University Avenue. University Avenue is on a busy Transit route with high-use stops. University Avenue is within the UNBSJ Plateau/Regional Hospital Primary Centre as defined in PlanSJ. Three separate opportunities led to City staff assessing potential changes to University Avenue. These include: 1.!Addressing concerns expressed by various members of the community Avenue, 2.!Improving pedestrian safety along University Avenue, again partially motivated by received community concerns, and 3.!Implementing improvements to cycling infrastructure on University Avenue, referencing a recommendation of MoveSJ. Opportunity #1 Over the past couple of years several community members expressed concerns with the safety of motorists on University Avenue, just to the east of Millidge Avenue. The presence of a right turn unimpeded free-flow lane from Millidge Avenue to University Avenue, the presence of a Transit shelter and stop in the immediate area, the presence of two retail driveways in the immediate area (Tim , and the presence of all five vehicle lanes in the area all contributed to these community concerns. - 3 - Opportunity #2 Several community members have expressed concerns with safely being able to cross University Avenue over the years. Lack of enough crosswalks, lack of enhanced features at crosswalks, curves in the road obstructing sight lines between motorists and pedestrians, and the presence of four or five vehicle lanes to cross, including two through lanes in each direction, contributed to these community concerns. Opportunity #3 University Avenue is an important final leg of the Campus Harbour Connection Bike Route, the first comprehensive and continuous cycling network in the City, that connects the two Primary Centres defined in PlanSJ, UNBSJ Plateau/Regional Hospital Primary Centre and Uptown Primary Centre. I Cycling Strategy with a recommendation to upgrade to dedicated Bike Lanes from the existing Shared Use Lanes. Initial Plan City staff developed an initial plan for University Avenue based on all three identified opportunities, as well as using available data, and industry best practices. The five vehicle lanes were envisioned to reduce to three lanes, maintaining the left turn lanes along the street in between the gaps in the centre median. The two curb lanes on either side of the street would be converted to 2.1 metre dedicated one-way Buffered Bike Lanes, that would be the first installation in the City of these kind of bike lanes, offering a greater degree of separation and prominence between cyclists and motorists. The dedicated bike lanes would end on the approaches to Millidge Avenue and Sandy Point Road to re-establish two lanes in each direction to offer a greater level of service for turning vehicles. Transportation best practices would be used to guide these transition points. In addition to enhancing infrastructure for cyclists, reducing the number of through lanes along the majority of University Avenue would also reduce the number of conflict points between motorists and a crossing pedestrian at crosswalks, including mitigating the passing of vehicles stopped in the second lane waiting for the pedestrian to cross. A reduction in the number of lanes at the western end of University Avenue would also partially address the motorist safety concerns expressed by community members. Also, as part of this initial plan, the Transit shelter/stop on the eastbound side of the street near Millidge Avenue would be moved further east, past the congested area with the two retail driveways. - 4 - One crosswalk would be installed and a second enhanced as part of the plan. The newly installed crosswalk would be placed in the vicinity of the new Transit shelter/stop near Bloom Street. This new crosswalk would include side-mounted solar-powered flashing lights, activated via wireless pedestrian push buttons, known as a Rectangular Rapid Flashing Beacon (RRFB) used in other parts of the City. The existing marked crosswalk between Varsity Street and the hospital entrance would be upgraded with an RRFB system given the obstructed sight lines at the curve to the west of the location. The right turn slip lane from Millidge Avenue to University Avenue would be converted from an unobstructed free-flow lane to a lane with Yield signs that must merge into the (now) one through lane eastbound. A potential may be considered in the future if the intersection is planned for reconstruction. Consultations City staff completed several consultations on these improvement plans, including with the general community, emergency services, and a representative Ultimately, these consultations resulted in General community consultations were completed between April 28 and May 7, 2021. On the evening of April 28, 2021, City staff led a virtual community meeting. A total of 32 individuals pre-registered for the meeting and 21 attended the virtual meeting. The meeting included a presentation by City staff y community members. Community members, including any who attended the virtual meeting, or anyone else in the community was then able to provide e- mailed feedback until May 7. The City staff presentation and the recording of the virtual meeting was provided for anyone who was unable to attend the virtual event but wanted to become informed before providing feedback. A total of 44 community members provided feedback via e-mail. City staff spoke by phone with a few community members. Feedback during the virtual community meeting generally concentrated on the cycling infrastructure and provided consensus for the need for improved cycling facilities. In fact, many participants suggested support to dedicate half the street, on one side of the centre median, for active transportation; the Initial Plan, transitioning from Shared Lanes to Buffered Bike Lanes, would not provide a safe enough space and/or encourage cyclists of different ages and abilities to use the infrastructure. There was some acceptance, however, this plan to move vehicular traffic to the other side of the median may not be feasible at the western end of the street. Some concern was expressed that vehicular volumes are greater than reported and special attention needs to be provided to ensure traffic continues to flow smoothly. Some concern was expressed that motorists - 5 - would ignore a painted bike lane. A complete list of provided feedback is attached to this report as Appendix A. Feedback from the provided e-mail submissions between April 28 and May 7 were generally opposite to the consensus of the participants at the meeting. The majority (28 each, 75%) of the 37 e-mail submissions that provided an opinion on the envisioned conversion of two vehicle lanes to two Buffered Bike Lanes, indicated they did not support the plan, citing impact on motorists. aligned with some other feedback received from the community in that the drive-thru line for the Tim e at times. In these cases, motorists waiting to turn left (from the Millidge, west) or right (from the Sandy Point, east) directions are unable to complete the turn into the driveway and must wait on the street. Feedback from emergency services were also provided. The Saint John Fire Department provided support for the plan, with the understanding access to all streets and driveways to and from University Avenue would be maintained, which will be. The Saint John Police Force provided support for the plan. Ambulance NB provided support for the plan, with the understanding ambulances can pass other stopped vehicles, which is expected to be the case in this report. report. First, City staff further assessed and are recommending to not proceed with dedicating one side of the road (one side of the centre median) to Active Transportation. Moving all vehicular traffic to one side of the centre median creates several challenges. These include an unorthodox transition from using both sides of the median to just one side, the loss of a separate left and right turn lane at the Sandy Point end, and either 8 or 11 intersections of streets or driveways along the remaining section of University Avenue (after the suggested ). The latter issue creates several sub-issues including lack of separate left turn lane status, extensions of each street or driveway to the oth- between the installed multi-use trail and the extended streets and driveways. Although it is conceivable and likely that the asphalt inventory on the side with the multi-use trail can be significantly reduced, it is unlikely any of this land is wide enough to sell for development and therefore the City would still be required to maintain the space even if the majority of the space was converted to greenspace. All these factors combined, City staff are recommending against - 6 - suggestions made during consultation to move all vehicular traffic to one side of the centre median. However, the concerns expressed by several participants during the virtual community meeting that Buffered Bike Lanes alone are not sufficient to promote a safe enough cycling network on University Avenue to promote use by cyclists of various ages and of various abilities were not lost on City staff. Therefore, City staff are recommending bollards be installed seasonally along the entire length of the Buffered Bike Lanes on both sides of the street at 5 metre spacing, except at driveways, street intersections, Transit stops, and before the Millidge Avenue and Sandy Point Road ends where the two vehicle lanes are re-introduced. Bollards were suggested as a solution during the virtual meeting. Further, a November 2020 report of the Transportation Association of Canada called cited, based on literature review, that there was minimal perceived safety difference between a buffered bike lane with bollards and a bike lane protected with curbs or other physical element separating the cycling area from the vehicle area of the roadway. In essence, the addition of the bollards wo permanent Protected Bike Lanes, offering outcomes closer to what was suggested by participants during the virtual event. The bollard design would be like what was used seasonally for two years on Main Street North and the Viaduct approximately 10 years ago. The bollards would be removed each winter and reinstalled each spring so that snow plowing, and road drainage are not impacted. There will be annual costs to remove & reinstall bollards, most of out of pocket expenses. Staff will be monitoring these costs over the first season which will inform future decisions for similar treatments on other streets. City staff are also recommending, after consultations, a speed limit reduction on University Avenue from 60 KM/H to 50 KM/H. The speed limit reduction supports the Protected Bike Lane design with use of bollards at 5-metre spacing. The existing average speeds are already manageable at 55 KM/H with the planned physical measures (bollards, reduction to one through lane per direction) expected to further reduce operating speeds. City staff would return at a future date to recommend the Traffic By-Law amendment to cause this speed limit change to become effective. -thru backing up to University Avenue at times, there is a risk of motorists stopping in the one remaining eastbound and westbound through lane waiting to turn into the driveway, blocking motorists intended to continue travelling on the street. City staff are recommending three additional 1.!Stopping the westbound Buffered Bike Lane (with bollards) further to the Instead of stopping the Bike Lane driveway, the Bike Lane would be stopped at Bloom Street. Reintroduction of two vehicle lanes, the curb - 7 - lane remaining a Shared Lane, would allow any vehicles waiting to turn right into to wait in the curb lane, allowing second lane to be used for other through traffic, 2.!For eastbound traffic, City staff recommend removing more of the centre median to allow for one or two more vehicles to queue in the left-turn lane into the , providing more situations where the remaining single eastbound through lane would remain clear of stopped vehicles, and 3.!To manage situations where the extended left turn lane into the Tim backs up into traffic, City staff are recommending University Avenue between Millidge Avenue and the beginning of the extended left turn lane into the , as -Law. City staff would return at a future date to recommend the Traffic By-Law amendment to cause this change to become effective. This provision would be communicated with on-street signage. City staff note that the three plan updates described in the previous paragraph are expected to reduce the risk of motorists being blocked from using the remaining one eastbound and one westbound lane on University Avenue, the risk will still be present. City staff also believes feedback from community members that have expressed concerns with implementing Bike Lanes on University Avenue have been heard Re-establishment of two vehicle lanes at either end of University Avenue, continuation of left turn lanes along the street, and the additional measures at the western end of the street, are all efforts to promote an acceptable level of service for motorists. City staff are firm however in its conclusion that four through lanes on University Avenue are not required for the volumes, and further to this, both Millidge Avenue and Sandy Point Road that connect to University Avenue each only have one through lane in each direction. STRATEGIC ALIGNMENT Cycling Strategy. SERVICE AND FINANCIAL OUTCOMES The City has partnered with the Saint John Cycling Club to apply to the Canada Healthy Communities Initiative to fund the project. The project was not recommended for funding during the first round of funding but the Club will be applying again this month for attempt at approval during the second round. - 8 - City staff will consider availability of project funding within the various 2021 Public Works & Transportation Operating Budgets in the event the federal funding source is not secured. The below table details the projected project implementation costs: Project Component Estimated Cost Buffered Bike Lanes with Bollards $45,000 Bus Shelter Relocation $10,000 RRFB Crosswalks at Bloom and Varsity $20,000 Left Turn Lane Lengthening East of Millidge Ave $25,000 TOTAL $100,000 INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The following stakeholders provided input into this report: !General community via consultation opportunities !Saint John Cycling Club ! !Saint John Transit !Saint John Fire Department !Saint John Police Force !Ambulance NB !Growth & Community Services Department ATTACHMENTS Appendix A: Summary of Feedback Provided at April 28, 2021 Virtual Community Meeting. City Staff Presentation Appendix A University Avenue Virtual Public Consultation Summary April 28, 2021 6:30pm 8:00pm 21 attendees Public Comments and Questions -! lot. -!McAuley sidewalk asphalt is the same grade as the road and is dangerous. -!Does not agree the average speed is 55km an hour people are driving a lot faster. -!There are only speed limit signs at the beginning and end of he avenue -!The crosswalk at the Gorman is very dangerous. -!Merge lane concerns her that people will run into the bikers. -!Suggest removing the island at the merge and have motorist come to the red light then turn right no merge lane. -!Happy the bus stop is moving, the stop at Candlewood should be removed as the new location is very close to Candlewood. -!Concerns about what is considered a sidewalk. -!There is a lot of traffic coming down Noel / Woodhaven and onto University feels it should be measured between Woodhaven and Millidge for more accurate counts of road usage. -!Do not feel safe at all biking to university. -!Like the 2-lane traffic reduction from 4, do not like the current proposal, painted lines on the street is not enough. -!Recommend one side of the island be for motorists and the other side for pedestrian and cyclists as well as buses. -!Painted bike lanes are weak improvements, cyclists want to feel separated. -!. -!Do not feel safe biking on University Avenue and a buffered bike lane is a big improvement than what it is now. -! hybrid solution then divert to one side of University. -!How does the Transportation Plan fall in line with the Strategic Plan? -!Traffic counts should be redone. -!Would be nice to reduce some policies (been advocating for a sidewalk on Boars Head for years). -!While walking some sidewalks are level with the street. -!Can we put a layer of asphalt on them and bring them to a level that everyone is able to use them? -!Who are the cyclists the City is designing for? Young inexperienced or older experienced? -!Bike lanes do not provide a lot of comfort. -!All cars should be on one side and the other side for pedestrians and cyclists. -!Agree with buffered lane, separate lanes would be better. -!Recommend a bike box for people turning left to the hospital. -!Concern with the Milldige Ave pedestrian lights, they all come on at the same time. -!Like the bike lanes on one side. -!Will there be protection from the merge lane coming off Millidge, motorist will just drive in the bike lane to get to Jean Coutue. -!Concerned with University Avenue going to 1 lane in each direction. The hospital is one of the largest employers and bottle necks occur now. -!Concerned with removing the 2 lanes as this is an ambulance route, bus route and will cause more bottle necks. -!If there was ever an evacuation this is the route and there would be a problem with the reduction in lanes. June 14, 2021 University Avenue Presentation to Common Council Traffic Safety and Active Transportation Transit Bus Shelter Cross Section: Current Roadway Use Cross Section: Current Roadway Use Context: Current Design (2019) alignment MoveSJ Motorist safety at western end of streetPedestrian crossing safetyCycling safety, access, Opportunities to Respond to Community Feedback “It’s about balance” 1.2.3. medians) Connection Bike centre Harbour land uses University Avenue part of Campus RouteWide road to work with (caveat being Busy Transit areaNearby Focus of Municipal PlanProject funding opportunity Other Opportunities •••••• ) Millidge 2021 count) - 2021 count (COVID) - 20,000 vehicles per day is typical threshold for requiring two vehicle lanes per direction (Road Diet)6,200 daily vehicles estimated on University with 2012 count (at 3,500 daily vehicles estimated on University with 202055 KM/H average speed measured on University Avenue (202060 KM/H current speed limit ••••• Community and Stakeholder FeedbackReview of traffic volume dataReview of speed dataReview of collision dataTransportation Best PracticesSuccesses and Lessons Learned in similar projects Use of Data, Best Practices, and Experience •••••• Draft Cycling Strategy MoveSJ Alignment with Cross Section: Current Roadway Use Cross Section: Current Roadway Use Motorist Safety Concerns West End of Street Ave and Millidge Avenue Bloom StreetVarsity Street/Hospital •• Road DietTwo dedicated bike lanesTurn lanes maintained at Sandy Point RdBike boxesTransit stop/shelter movedTwo signalized crosswalksReduced vehicle lanes across crosswalksYield signs and loss of free flow lane from Millidge •••••••• Cross Section: Proposed Roadway Use Initial Plan with Bollards Buffered Bike Lanes Buffered Bike Lanes Signalized Crosswalk Design at Bloom and at Varsity/Hospital Design Details mail) feedback submissions from community - 21 community participants in April 28 virtual community meeting37 written (ePhone calls between City staff and community membersSaint John Cycling Club Saint John Transit Saint John Fire and Police ForceRepresentative of Tim Horton’s/Wendy’sVarious feedback demonstrates need for balanced approach to design Consultations •••••••• Option Suggested During Consultations median to extend centre 1 Becomes first Protected Bike Lane in City • Stop westbound Buffered Bike Lane at Bloom StreetRemove portion of left turn lane to Tim Horton’s/Wendy’sImplement “No Stopping” zoneAddition of bollards along Buffered Bike LanesReduce speed limit from 60 KM/H to 50 KM/H Changes from “Initial Plan” to “Final Plan”1.2.3.4.5. 2 3 Final Plan Incorporating Community Feedback Law Amendments recommended at a later date - Endorse “Final” PlanTraffic By Recommendations to Common Council •• /haahb /h…b/L\[w9thw M&C No. 2021-177 Report Date June 09, 2021 Meeting Date June 14, 2021 Service Area Utilities and Infrastructure Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT: CǒƓķǤ vǒğǤ Ώ tƩƚƆĻĭƷ \[ğǒƓĭŷ AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Jeffrey Cyr Brent McGovern John Collin RECOMMENDATION It is recommended that this report be received and filed. EXECUTIVE SUMMARY In 2019, the City of Saint John entered into an agreement with Fundy Quay Developments Inc. for the development of the former coast guard site. Since this time, $15 Million in infrastructure funding has been secured and efforts to implement this work are well underway. The purpose of this report is to provide a detailed update of the progress made development. PREVIOUS RESOLUTION In December of 2019, Common Council approved an option agreement for the lease and purchase of the Fundy Quay property to Fundy Quay Developments Inc. At its February 22, 2021 meeting, Common Council awarded a contract for Architectural Services for the revitalization of Loyalist Plaza and Extension of Harbour Passage along the Fundy Quay to the Glenn Group. At its March 8, 2021 meeting, Common Council awarded a contract for Engineering Services for the Fundy Quay Site Works to Dillon Consulting Inc. At its March 29, 2021 meeting, Common Council approved the City accepting funding offers from the Regional Development Corporation for two projects, Quay and . At its March 29, 2021 meeting, Common Council approved the City entering into Agreement with the Regional Development Corporation for funding under the Canada New Brunswick Integrated Bilateral Agreement for Investing in Canada Infrastructure Program Harbour Passage (Phase 1) - Loyalist Plaza and Pedway Co and . - 2 - REPORT The Fundy Quay property represents one of the highest profile development opportunities on the Atlantic Coast and the single greatest opportunity to realize the s urban waterfront. A re-imagined Fundy Quay will serve to enhance the Saint John urban experience through a mix of uses such as retail and commercial space and services, specialty shops and boutiques, residential condominiums and apartments, hospitality, entertainment, cultural uses, green spaces, cafes, and active transportation linkages that will truly make the site a vibrant catalyst for future waterfront activity. Envision Saint John: The Regional Growth Agency is providing project leadership and management support for the Fundy Quay project, a transformational waterfront development project for the City of Saint John and the greater region. Fundy Quay Site History Coast Guard Property The Fundy Quay site was an historic series of tidal slips forming a section of Saint John historic , the Federal Government infilled a number of the slips to create an approximately 6-acre property to house the Coast Guard operations. The Coast their remaining operation As the intensity and scale of Coast Guard operations at the Fundy Quay declined, the City of Saint John identified the property as a strategic site for a transformational waterfront development. The City began negotiations with the Federal Government and through the Saint John Development Corporation issued a call for proposals for development in 2005. The Hardman Group were selected as the successful proponent. Hardman Group In 2006, the Hardman Group and the Saint John Development Corporation entered into a preliminary memorandum of understanding (MOU) to explore the opportunity for development of the Fundy Quay. The MOU contained both a due diligence phase and a land development phase. The due diligence phase consisted of the two parties cost sharing in geotechnical and environmental engineering evaluation of the site. Through this process, several challenging attributes of the site were identified including complications associated with the fill material used to create the property, soil contamination from historical coast guard operations and the physical condition of the seawall. The two parties continued to work towards the development, however, unforeseen challenges including the global recession of 2008 and the cancellation of several large industrial projects proposed for Saint John led to the cancellation of the project in 2011. Second Developer In 2012, the Saint John Waterfront Development Partnership released a new call for proposals for development of the site, however, no proposals were received at that time. Following the RFP, Cushman Wakefield were retained to support the identification of a potential developer for the site. A Halifax based developer was identified and - 3 - negotiations were held, but an agreement for the sale of the property was never executed. Negotiations with this developer ceased in 2017. New Brunswick Museum In late 2017, the Fundy Quay was identified by the Province of New Brunswick as a potential location for the New Brunswick Museum. In 2018, the City subdivided and sold a roughly 70,000 square foot parcel of land to the Province. Schematic design and public engagement were completed by the Province in 2018, however, the project was cancelled later that year due to budget challenges. The Fundy Quay Project (2019 to Present) Developer Selection In response to the cancellation of the museum project, in April 2019, Develop Saint John (a predecessor organization of Envision Saint John) issued a call for expressions of interest for the development of the Fundy Quay. This process solicited two formal responses from capable developers interested in the project. An evaluation committee was established by Develop Saint John and included the City and DevelopSJ staff, DevelopSJ board members, and other strategic community members. Following a rigorous proposal review process, the Elias Management Group was recommended as the successful proponent for the development of the Fundy Quay and subsequently approved by the board of Develop Saint John in June of 2019. Agreement with Fundy Quay Developments Inc. As negotiations moved forward with EMG, it was determined that the best approach for the site was the signing of an option agreement. In previous efforts to develop the Fundy Quay, no formal agreements of this nature were signed, resulting in drawn out and undefined processes for negotiation and due diligence. The proposed option agreement covers the period of 2020 and 2021 and is structured to encourage the developer to move the project forward, while establishing clear milestones where Fundy Quay Developments Inc. increasingly commits to the project. At the conclusion of 2021, with the site infrastructure ready for delivery, Fundy Quay Developments Inc. are required to exercise the option to retain control of the site. Upon EMG exercising the option agreement, they will enter a ground lease (to-own) agreement with the City of Saint John. The ground lease will last for a maximum of up to 25 years, with EMG required to purchase the site by the conclusion of the 25th year or at an earlier date. The ground lease model provides several advantages which support the viability for the development of the Fundy Quay. Primarily, it offsets challenges in financing large land acquisitions, which typically require substantial down payments and have high interest rates. With the site challenges that already exist on the Fundy Quay, this approach helped to improve project viability and best positioned the development for early success. Project Infrastructure Funding & Business Case In February of 2021, $15.15 Million in Federal and Provincial infrastructure funding was announced in support of the Fundy Quay project. This was in addition to $3.27 Million already approved by the Federal Government for the seawall project. - 4 - The funding package represented a significant improvement in the overall value for the in the Fundy Quay, resulting in the improvement of several existing assets (that are near the end of their asset life) and future cost avoidance associated with the construction of several new priority assets, for which there will be public pressure to invest in future years. These include: !The Repair and Raising of the Seawall. The seawall containing the Fundy Quay property has been in a state of disrepair for nearly two decades. Allowing further deterioration of the seawall could have significant financial repercussions for the City in the future. The scope of this project includes the repair of the seawall and the raising of the wall to address the long-term impacts of sea level rise. !The regrading of the Fundy Quay site. With the seawall being raised roughly 1.5m 2m in height, the City has the opportunity to maximize value on its agreement with Fundy Quay Developments Inc. by providing a development ready site. This includes the regrading of the Fundy Quay property to the new height of the wall. !Soil Remediation and Management. In addition to site regrading, to meet the requirements of the agreement with Fundy Quay Developments Inc. in providing a development ready site, the City is also pursuing the remediation and management of contaminated soils. With the addition of up to 2 m of fill material, every opportunity will be explored to provide appropriate cap and cover and to manage contaminated materials on site. !The refurbishment of Loyalist Plaza. Loyalist Plaza is approximately 40 years old. The physical infrastructure is near the end of its asset life, and the space is not designed to have a frontage on new development at the Fundy Quay. Interest in re-investing in this space has emerged in several instances in recent years, including in the Central Peninsula Neighbourhood Plan. !Market Square Pedway Connection. A pedway connection from Market Square will be constructed linking the new development at the Fundy Quay into the broader indoor connection that the Saint John pedway system offers. This will support the economic health of municipal assets such as Market Square, the Trade and Convention Centre and will support an expedited build-out of the Fundy Quay project. !The Extension of Harbour Passage. With the relocation of the Canadian Coast Guard operations to the industrial park, there are growing public expectations to extend waterfront access along the perimeter of the Fundy Quay property. The Harbour Passage extension will nearly double the length of urban waterfront access in the Uptown and further support alternative routes for active transportation and cycling. - 5 - Overall, the approved project scope and funding secure substantial public benefits and a strong return-on-investment for the City of Saint John and its federal and provincial partners. A summary of the funding breakdown is provided below. Fundy Quay Tri-Lateral Funding Breakdown Total Total Cost Federal Provincial Municipal $4,121,000 $0 $0 $4,121,000 Soil Remediation $2,500,000 $0 $625,000 $1,875,000 Infill Harbour Passage Phase 1, Loyalist $9,995,000 $7,996,000 $0 $1,999,000 Plaza, and Pedway $2,675,000 $1,070,000 $1,382,750 $222,250 Harbour Passage Extension, Phase 2 $3,270,000 $3,240,000 $1,665,000 $8,175,000 Seawall Repair Offsetting Community Development $0 $0 $825,000 ($825,000) Fund Contribution to SJ Capital Budget υЊЋͲЌЌЏͲЉЉЉ υЏͲЉАЋͲАЎЉ υВͲЉЎАͲЋЎЉ υЋАͲЍЏЏͲЉЉЉ Total A key benefit of this investment for the City will be revenue generated from two sources, the ground lease/sale of the land to the developer and the tax revenue generated from a high-density development. These are revenues that would be unlikely to be attained without the improvements proposed as part of this project. The agreement with the Developer establishes a value of $6.45 Million for the improved property. This represents roughly 1.55 times the incremental investment in infrastructure proposed, meaning the City is positioned to recover its incremental costs through the land agreement. While the City is positioned to recover costs through the land agreement with the developer, the majority of municipal revenues will be generated through the development of the property. Preliminary estimates are that the development will generate between $2 Million and $3 Million in municipal property tax revenues annually at full build out. Developer Option Agreement Requirements The option agreement for the Fundy Quay ground lease sets out several developer requirements to be addressed within the first year of option. While there were some delays because of the timeline for infrastructure funding approvals, all the requirements were met by early 2021. This includes: !The payment of a non-refundable $250,000 option fee, which will be credited as the first lease payment; !The acquisition of the portion of the Fundy Quay property owned by the Province of New Brunswick; !Assembling a project team with the experience necessary to complete the development; !The preparation of a concept plan and public engagement in coordination with the City of Saint John; !To complete business and project plans demonstrating project viability and proposed phases for the development. - 6 - Infrastructure Design & Construction Public Infrastructure Since the formal launch of the project in late February 2021 significant progress has been made in moving forward the public infrastructure components of the Fundy Quay project. Progress on the major components is summarized below: Seawall: As the first component of the project to receive infrastructure funding, design work for the seawall repairs is completed, the project was tendered, and the contractor was mobilized on site in April of 2021. The construction to repair and raise the seawall is broken into two phases. The first phase focuses on the southern portion of the seawall and is scheduled for completion by late September of 2021. The second phase of construction is along the northern portion of the seawall and is anticipated to be completed by the Fall of 2021. Currently, seawall construction is on schedule. Site Works: The site works project includes both the soil remediation and management and the site regrading. Design and engineering services were retained in March of 2021 and this work has moved forward at an expedited pace. Currently concept design work has been completed and the consultant is moving forward with the preparation of detailed design drawings and the tender package. A tender release is planned for over the summer with construction beginning in late September or early October. This component of the project is phased in alignment with the seawall schedule, as the site regrading will follow the completion of each seawall phase. In fall of 2021, soil remediation and regrading work will be isolated to the southern portion of the site, with work beginning on the northern portion in fall of 2022. Public Space: The public space includes both the redesign and construction of loyalist plaza in addition to extension of Harbour Passage along the perimeter of the Fundy Quay property. Architectural services were retained in February of 2021 and design work is proceeding quickly. To date, the first major phase of stakeholder and public engagement was completed, which included a digital public open house in April of this year. This formative engagement supported the project team in identifying solutions to foundational items which require consideration as part of the concept design, which included items such as the location of the stage, the location and design of the pedway connection, and options for the boardwalk and patio area. With this formative direction, the consultants are well into concept design. The concept design will be used to support the next phase of community engagement. Construction of the public space component of the project will be phased and coordinated with the numerous municipal infrastructure projects occurring in the area. The first phase of construction is planned for this fall and will focus primarily on demolition, material salvage, infrastructure, and site regrading at loyalist plaza. New construction of loyalist plaza is planned for spring of 2022 and is anticipated to span the majority of the construction season. Harbour Passage will be phased to follow the completion of the siteworks project, with the majority of construction occurring in 2022 and 2023. The pedway connection is expected to be predominantly constructed offsite and could be in place in either late 2022 or 2023, subject to finalizing the design. - 7 - Current Status of the Private Sector Development Fundy Quay Developments Inc. has continued to ramp activities towards the development of the interior of the Fundy Quay property. Design and engineering work in support of the project continues to progress and the development team has expressed intentions of undergoing the development approvals process this year. The current objective of the developer is to begin their first building in 2022, once the City completes the site regrading for the southern portion of the Fundy Quay property. Important Project Considerations Infrastructure Canada Timelines: At the last update to Common Council, a significant project risk was identified with regards to unachievable funding timelines for the public space component of the project. At this time, it was noted the Covid-19 resilience stream that the project was funded through required all st work to be completed by December 31, 2021. Since this update, the City has received an extension on the funding, providing an additional 2 years to complete the work and eliminating this project risk. Managing Impacts on the Boardwalk Businesses: Construction activities at loyalist plaza and along the boardwalk pose a serious challenge to the businesses operating patios in this area, particularly given the impacts of Covid-19 on the financial health of all service industry establishments. Every effort is being made to identify opportunities to minimize and mitigate these impacts on the boardwalk businesses and communications with the North Market Wharf Cultural Association occurs on a weekly basis. Strategies to mitigate these impacts will be built into any tender documents released. Harbour Passage as an Active Transportation Network: Harbour Passage offers an opportunity for Saint John residents to enjoy the waterfront and to travel within the City using active modes of transportation. The design of this segment of Harbour Passage will continue this active transportation linkage offering another alternative to Saint John residents. STRATEGIC ALIGNMENT Responsibility, Growth and Prosperity, and Vibrant Safe City and it is one of Saint a strategic Growth Concept identified in SERVICE AND FINANCIAL OUTCOMES The Fundy Quay public space improvements are part of a broader project to development on the Fundy Quay site, creating a strong business case for the project. The Ground Lease with Fundy is based on a maximum value of $6.45M and will generate initial lease payments of $250,000 annually until purchased. The development of the site is anticipated to generate $2M - $3M in annual property tax revenue at full build out and securing the development has been instrumental - 8 - in the approval of an additional $15M in federal and provincial infrastructure investments. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS N/A ATTACHMENTS N/A June 3, 2021 Saint John Common Council City Hall 15 Market Square Saint John, NB E2L 4L1 Dear Mayor and council, I am writing to you in the interests of public safety. On May 24, 2021, I drove up Pugsley Avenue and stopped at a red light at the intersection with Somerset Street. The light turned green. I paused and looked both ways before proceeding. As I started to advance, a car came up the hill on Somerset and ran the red light. Fortunately, I was able to stop in time as the car zipped past me, it's young driver's head down as if he were texting or was otherwise distracted. Had my light changed to green a few seconds before I arrived and I had proceeded without stopping, my car would have been t-boned and there would have been serious injuries. This was not the first, second, third, fourth, fifth, sixth, or seventh time that I have witnessed cars running red lights on th Somerset Street. It was the 8 time in 3 months, at this particular intersection (3 times), at the intersection of Somerset and Wellesley Avenue (3 times), and at the entrance to the Atlantic Superstore (twice). That's 8 violations of this nature on just one street, witnessed by just one driver. One can only imagine how often this happens across the entire city! Among the events that I witnessed was a driver who came down Somerset towards the Superstore and, seemingly oblivious to anything, passed cars on the right hand side of the road (in a designated bike path) that had already stopped for the red light. As well, I was horrified to witness the driver of a school bus appear to deliberately step on the gas and run a red light at the corner of Somerset and Wellesley. I am assuming there is a history of this behaviour, particularly at Pugsley and Somerset, as I have on several occasions noticed a police car parked opposite the church, apparently monitoring traffic. If this is the case, this' watching and waiting' has clearly been ineffective. As well, with budget cuts to the police force, the officers who remain on duty have little time to deal with traffic violations. As you are no doubt aware, the New Brunswick government has tabled legislation to allow municipalities to use photo radar and red-light cameras with automated license plate readers to gather evidence of potential violations of the Motor Vehicle Act. L Ǟƚǒƌķ ƌźƉĻ Ʒƚ ƩĻĭĻźǝĻ ğƓ ğƭƭǒƩğƓĭĻ ƷŷğƷ {ğźƓƷ WƚŷƓ /ƚƒƒƚƓ /ƚǒƓĭźƌ Ǟźƌƌ ƭǒƦƦƚƩƷ Ʒŷźƭ ƌĻŭźƭƌğƷźƚƓ ğƓķͲ ǞŷĻƓ ƦğƭƭĻķͲ Ǟźƌƌ ƆƚźƓ ƚƷŷĻƩ ĭźƷźĻƭ ğĭƩƚƭƭ /ğƓğķğ ƷŷğƷ ŷğǝĻ ĭŷƚƭĻƓ Ʒƚ ǒƭĻ Ʒŷźƭ ƷĻĭŷƓƚƌƚŭǤ Ʒƚ ƒğƉĻ ƚǒƩ ƭƷƩĻĻƷƭ ƭğŅĻƩ͵ There is an abundance of evidence that red light cameras effectively reduce the number of vehicles running red lights. No further study is needed. Hundreds of communities across North America have recognized that this initiative can save lives. I trust that this Mayor and council will agree that this is an important public safety issue that 1nust be addressed. Yours sincerely, Doug James Pugsley Avenue - 1 - /haahb /h…b/L\[ w9thw M&C No. 2021-179 Report Date June 7, 2021 Meeting Date June 14, 2021 Service Area Legislative Services Her Worship Mayor Noade Reardon and Members of Common Council SUBJECT: tƩƚĭĻƭƭ ŅƚƩ {ĻƌĻĭƷźƚƓ ƚŅ 5ĻƦǒƷǤ ağǤƚƩ AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Jonathan Taylor Jonathan Taylor John Collin RECOMMENDATION That this report be received for information. EXECUTIVE SUMMARY th At the first meeting of the 2021 Council on June 14, councillors wishing to serve as deputy st mayor will declare their interest. At the next meeting on June 21, Council will elect a deputy mayor by majority vote for the term of Council. A balloting voting procedure in Committee of the Whole will be used to assist in the appointment process and will be completed before a majority vote in Open Council. PREVIOUS RESOLUTION: (March 22, 2021) RESOLVED that that as recommended by the City Manager in the submitted report M&C 2021- 083, Council approve Option 3 for the selection of the Deputy Mayor and direct staff to prepare a Procedural Bylaw amendment for council's approval reflecting the following: Council Nominates and Elects the Deputy Mayor During the first meeting of Council following the quadrennial election, councillors who are interested in the deputy mayor position will self-identify declaring their interest and stating their reasons at the meeting in Open Session; and, at the second meeting of Council following the quadrennial election, council members will elect the deputy mayor by a show of hands and adopt a resolution to appoint the deputy mayor for the 4-year term of Council. - 2 - REPORT In New Brunswick, the positions of mayor and councillor are chosen by the local electorate in the quadrennial municipal election, however, the position of deputy mayor does not appear on the voting ballot and is not elected by the public. The Local Governance Act s.48(3) Council of a local government shall elect the deputy mayor in accordance with a procedural bylaw Each local Council is therefore responsible for determining how it elects the deputy mayor; which council members are eligible for appointment (ward councillors, at-large councillors, or both); the election process to be employed and the term length of office. Role of the Deputy Mayor The role of the deputy mayor is to act in the place of the mayor in the absence or inability of the mayor to act, or if the office of Mayor is vacant. When the mayor is present the deputy When acting in place of the mayor, per s. 48(1) of the Local Governance Act, the deputy mayor is expected to fulfill the following duties of the mayor: (a)!preside at all meetings of council, except as provided for otherwise in a procedural by-law made under paragraph 10(2)(a) or in a municipal charter or a private or special Act, (b)!provide leadership to council, (c)!communicate information and recommend actions to council for the improvement of the local finances, administration and government, (d)!speak on issues of concern to the local government on behalf of council, and (e)!perform any other duties conferred on him or her by this or any other Act or by council. The role of deputy mayor, under the Local Governance Act, does not have any regular or day- to-day responsibilities or authorities over and above those assigned under the Act to other councillors. Deputy Mayor Procedural By-law Provisions In May 2021 Common Council enacted its current procedural by-By-law Respecting the Procedures of the Common Council of The City of Saint John-law prescribes how Council meetings are conducted, how decisions are made and recorded, how participants (including the public) are involved in meetings, and how the Deputy Mayor is elected. Pursuant to s. 12.2 of the by-law, the deputy mayor appointment process as follows: (a)!At the first regular Meeting of Council following an election, newly elected Councillors may nominate themselves for the position of Deputy Mayor by verbal declaration in open session. (b)!Consideration by Council of these nominations shall be scheduled for the following regular Meeting of Council, at which time Council shall openly elect by show of hands a Deputy Mayor from the list of Councillors who nominated themselves pursuant to paragraph (a). (c)!The successful candidate shall hold office until the next municipal election. Prior to this by-law change, Council had followed a custom of electing as deputy mayor the councillor having received the most votes in the municipal election. - 3 - Deputy Mayor Appointment The 2021 Council will hold its first regular Council meeting on June 14, 2021. Councillors wishing to serve as deputy mayor must verbally declare their interest at this meeting. At the next regular meeting, Council must adopt a motion by majority vote to elect deputy mayor. Should more than one councillor declare an interest in serving as deputy mayor, a balloting voting method would be employed to allow Council to determine which Councillor has majority support. -law does not address balloting as described above, when a matter relating to proceedings in Council or Committee of the Whole arises that is not covered in provisions of the procedural by-law, the procedure to be followed is decided with reference to Rules of Order (s. 4.2). Rules recommends employing a repeated balloting procedure until 1 candidate receives majority support. The method would be a Plurality Vote and would involve each council member choosing 1 councillor to be elected as deputy mayor. Should the first round of voting not result in a majority candidate (a tie), the councillor(s) receiving the lowest number of votes would be dropped from the ballot and an addition round of voting would commence. This procedure would continue a councillor receives the majority vote. The procedure is as follows: th !Councillors having declared their interest to serve as deputy mayor on June 14 would be added to a ballot; !The ballots would be distributed to Council members in Open Session of Committee of st; the Whole on June 21 !Each Council member, including the Mayor, would select the top candidate of their choice and submit it to the clerk; !The Clerk and General Counsel would tally the votes separately and the Clerk would announce the name of the candidate who received the most votes; !Should a tie occur, the candidate with the lowest vote count would be removed from the ballot and additional rounds of voting would occur until one candidate has received the majority of votes; !Council would adjourn the Committee of the Whole meeting and reconvene in open session of Council; !The Committee of the Whole would recommend the appointment of the successful candidate; !Council would vote to elect the Deputy Mayor. The Mayor does not vote in Council unless to break a tie. STRATEGIC ALIGNMENT Good governance SERVICE AND FINANCIAL OUTCOMES N/A INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS General Office - 4 - ATTACHMENTS N/A