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2018-03-26_Agenda Packet--Dossier de l'ordre du joure City of Saint John Common Council Meeting AGENDA Monday, March 26, 2018 6:00 pm Council Chamber Please use Chipman Hill entrance S'il vous plait utiliser 1'entree Chipman Hill Si vous avez besoin des services en francais pour une reunion de Conseil communal, veuillez contacter le bureau du greffier communal au 658-2862. Pages 1. Call to Order 1.1 Cheque Presentation for Community Grants Recipients 2. Approval of Minutes 2.1 Minutes of March 12, 2018 1 -5 3. Approval of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 Stewart McKelvey - Release of Covenant 815-819 Millidge Avenue 6 - 7 (Recommendation: Refer to City Manager) 5.2 Jeux de I'Acadie - Launch of the Selection Process for the Host Municipality of 8-10 the 42nd "Finale des Jeux de I'Acadie" in 2021 (Recommendation: Receive for Information) 5.3 D. James Letter - Prohibit Rail Traffic within City Boundaries (Recommendation: 11 -12 Receive for Information) 5.4 M.E. Carpenter Letter - Transit Passenger Advisory Committee 13-14 (Recommendation: Receive for Information) 5.5 Spring 2018 Debenture Refinance Application (Recommendation in Report) 15-17 5.6 Proposed Public Hearing Date - 630 Grandview Ave., 42 Leinster St., 237 Foster 18-20 1 Powered 6Y; 5 /l IBE' Thurston Dr., 110 Emerald Lake Rd. / 783 Hillcrest Rd., 449 & 453 Boars Head Rd / 573 Woodward Ave., and 36 St. James St. (Recommendation in Report) 5.7 City Market Tower Interior/Exterior Renovations - Additional Design Consulting 21 -23 Services Award (Recommendation in Report) 5.8 2018 Regional Digital Orthophotography Acquisition (Recommendation in 24-26 Report) 5.9 Long Distance and Teleconferencing Contract - Landlines (Recommendation in 27-32 Report) 5.10 Council Referral - Rezoning and Section 59 Amendment at 241 Bayside Drive 33-38 and 34 Mount Pleasant Avenue East (Recommendation in Report) 5.11 West Water - Orthophosphate Treatment Update (Recommendation: Receive for 39-41 Information) 5.12 2018 Mandate Letters for Develop SJ and Enterprise Saint John 42-48 (Recommendation in Report) 6. Members Comments 7. Proclamation 7.1 Child Abuse and Neglect Prevention Month - April 2018 49-49 7.2 Purple Day - March 26, 2018 50-50 8. Delegations / Presentations 9. Public Hearings - 6:30 p.m. 10. Consideration of By-laws 10.1 Proposed Water and Sewer By -Law Amendment 51 -59 10.2 Plumbing Permit Fee Rebate Program for Installation of Water Softeners 60-65 11. Submissions by Council Members 11.1 Saint John Airport's application to the National Trade Corridors Fund (NTCF) 66-68 (Mayor Darling) 12. Business Matters - Municipal Officers 12.1 Continuous Improvement - Update to Common Council 69-96 12.2 Project Performance Update - Safe, Clean Drinking Water Project 97-154 12.3 2018 Revised General Operating Budget 155-158 1 12.4 Safe Clean Drinking Water - East Side Potable Water System pH Adjustment 159-189 3 and Orthophosphate Treatment 13. Committee Reports 13.1 Sculpture Saint John Site Selection Committee Report 190-205 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 15.1 Worker Appeal Services - May Day Dinner 206-206 15.2 Saint John YMCA 2018 Red Triangle Award Gala 207-207 15.3 C. McGill - Lack of Taxicabs / Ride Sharing Option 208-208 16. Supplemental Agenda 16.1 Saint John Fire Department Access and Use Agreement at 45 Leinster Street 209-216 17. Committee of the Whole 17.1 M&C 2018-90 Arbitration Board Proceeding and Application to the Court of 217-224 Queen's Bench of New Brunswick - Local 771 — Pension Eligibility - An Act Respecting the Saint John Fire Fighters' Association 18. Adjournment 3 City of Saint John Common Council Meeting Monday, March 26, 2018 Committee of the Whole 1. Call to Order Si vous avez besoin des services en frangais pour une reunion de Conseil communal, veuillez contacter le bureau du greffier communal au 658-2862. Each of the following items, either in whole or in part, is able to be discussed in private pursuant to the provisions of subsection 10.(2)(4) of the Municipalities Act and Council / Committee will make a decision(s) in that respect in Open Session: 4:30 p.m., 8th Floor Boardroom, City Hall 1.1 Approval of Minutes 68(1) 1.2 Legal Matter 68(1)(f,g) 1.3 Legal Matter 68(1)(f,g) 1.4 Financial Matter 68(1)(c) 1.5 Financial Matter 68(1)(c) 4 Ville de Saint John Seance du conseil communal Le lundi 26 mars 2018 18 h, salle du conseil Comite pl6nier 1.Ouverture de la seance Si vous souhaitez obtenir des services en frangais pour une s6ance du conseil communal, veuillez communiquer avec le bureau du greffier communal au 658-2862. Chacun des points suivants, en totalit6 ou en partie, peut faire 1'objet d'une discussion en priv6 en vertu des dispositions pr6vues a Particle 10 de la Loi sur les municipalites. Le conseil/comit6 prendra une ou des d6cisions a cet 6gard au cours de la s6ance publique 16 h, Salle de conference, 8e 6tage, hotel de ville 1.1 Approbation du proces-verbal 68(1) 1.2 Question juridique — alin6as 68(1)f) et g) 1.3 Question juridique — alin6as 68(1)f) et g) 1.4 Question financiere — alin6a 68(1)c) 1.5 Question financiere — alin&a 68(1)c) Seance ordinaire 1. Ouverture de la seance 1.1 La pr6sentation des cheques pour les b6n6ficiaires de subventions communautaires 2. Approbation du proces-verbal 2.1 Proc&s-verbal du 12 mars 2018 3. Adoption de Pordre du jour 4. Divulgations de conflits d'interets 5. Questions soumises a Papprobation du conseil 5.1 Stewart McKelvey — Lib6ration de 1'engagement relatif au 815-819, avenue Millidge (recommandation : transmettre au directeur g6n6ral) 5.2 Jeux de 1'Acadie — Lancement du processus de s6lection pour la municipalit& qui accueillera la 42' » Finale des Jeux de 1'Acadie » en 2021 (recommandation : accept6 a titre informatif) 5.3 Lettre de D. James — Interdire la circulation ferroviaire dans les limites de la ville (recommandation : accept6 a titre informatif) 5.4 Lettre de M. E. Carpenter — Comit6 consultatif sur les passagers du transport en commun (recommandation : accept6 a titre informatif) 5.5 Demande de refinancement des obligations non garanties du printemps 2018 (recommandation figurant au rapport) 5.6 Date propose pour les audiences publiques — 630, avenue Grandview, 42, rue Leinster, 237, promenade Foster Thurston, 110, chemin Emerald Lake/783, chemin Hillcrest, 449 et 453, chemin Boars Head/573, avenue Woodward, et 36, rue St. James (recommandation figurant au rapport) 5.7 R&novations int6rieures et ext6rieures de la tour du march6 municipal — Attribution d'un contrat suppl6mentaire relatif aux services d'experts- conseils en mati&re de conception (recommandation figurant au rapport) 5.8 Acquisition d'une orthophotographie num&rique r6gionale de 2018 (recommandation figurant au rapport) 5.9 Contrat pour les appels interurbains et les t616conf6rences — lignes terrestres (recommandation figurant au rapport) 5.10 Renvoi au conseil — Changement de zonage et modification de Particle 59 concernant le 241, promenade Bayside et le 34, avenue Mount Pleasant Est (recommandation figurant au rapport) 5.11 Eau du quartier West Side — Mise a jour concernant 1'ajout d'orthophosphate (recommandation : accept6 a titre informatif) 5.12 Lettres de mandat de 2018 pour Develop SJ et Entreprise Saint John (recommandation figurant au rapport) 6. Commentaires pr6sent6s par les membres 7. Proclamation 7.1 Mois de la pr6vention du mauvais traitement des enfants Avril 2018 7.2 Journ6e pourpre — 26 mars 2018 C. 8. Delegations et presentations 9. Audiences publiques —18 h 30 10. Etude des arretes municipaux 10.1 Projet de modification relative a 1'Arrete concernant les reseaux d'eau et d'egouts 10.2 Programme de remboursement des frais de permis de plomberie pour l'installation d'adoucisseurs d'eau 11. Interventions des membres du conseil 11.1 Demande de Faeroport de Saint John au Fonds national des corridors commerciaux (maire Darling) 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.1 Amelioration continue — Informer le conseil communal 12.2 Point sur le rendement du projet Eau potable saine et propre 12.3 Budget de fonctionnement general revise de 2018 12.4 Projet Eau potable saine et propre — Ajustement du pH du reseau d'eau potable du quartier East Side et ajout d'orthophosphate 13. Rapports deposes par les comites 13.1 Rapport du comite de selection du site de Sculpture Saint John 14. Etude des sujets ecartes des questions soumises a 1'approbation du conseil 15. Correspondance generale 15.1 Services d'appel pour les travailleurs — Souper du May Day 15.2 Gala du Red Triangle Award de 2018 du YMCA de Saint John 15.3 C. McGill — Manque de voitures-taxis et option de covoiturage 16.Ordre du jour supplementaire 17. Comite plenier 18. Levee de la seance 7 100 - Council Minutes- Regular Meeting March 12, 2018 MINUTES — REGULAR MEETING COMMON COUNCIL OF THE CITY OF SAINT JOHN MARCH 12, 2018 AT 6:00 PM IN THE COUNCIL CHAMBER Present: Mayor D. Darling Deputy Mayor S. McAlary Councillor -at -Large Gary Sullivan Councillor Ward 1 Blake Armstrong Councillor Ward 1 Greg Norton Councillor Ward 2 John MacKenzie Councillor Ward 2 Sean Casey Councillor Ward 3 Gerry Lowe Councillor Ward 3 Donna Reardon Councillor Ward 4 David Merrithew Councillor Ward 4 Ray Strowbridge Also Present: City Manager J. Trail Deputy City Manager N. Jacobsen City Solicitor J. Nugent Commissioner of Finance and Treasurer K. Fudge Commissioner of Growth and Community Development J. Hamilton Commissioner Transportation and Environment M. Hugenholtz Commissioner Saint John Water B. McGovern Common Clerk J. Taylor Deputy Common Clerk P. Anglin 1. Call to Order Mayor Darling called the meeting to order. 2. Approval of Minutes 2.1 Minutes of February 20. 2018 Moved by Deputy Mayor McAlary, seconded by Councillor Merrithew: RESOLVED that the minutes of the meeting of Common Council, held on February 20, 2018, be approved. MOTION CARRIED. 2.2 Minutes of February 26, 2018 Moved by Deputy Mayor McAlary, seconded by Councillor MacKenzie: RESOLVED that the minutes of the meeting of Common Council, held on February 26 1 100 - Common Council Minutes March 12, 2018 2018, be approved. MOTION CARRIED. 3. Approval of Agenda Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that the agenda of this meeting be approved with the addition of the following items: 17.1 Collective Agreement between the City of Saint John and the Saint John Fire Fighters' Association Local Union No.771 17.2 FCM Annual Conference and Trade Show MOTION CARRIED. 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 That the Letter from Friends of Rockwood Park — Heritage Fair Exhibit be received for information. 5.2 That the Letter from the Island View School Parent School Support Committee — Traffic Safety Concerns be referred to the City Manager. 5.3 That the Letter from the Fundy Regional Service Commission — Intent to Borrow be received for information. 5.4 That the Letter from Town of Grand Bay- Westfield — Opposition to Amalgamation of Greater Saint John Region be received for information. 5.5 That the Civilized Worldwide Inc. - Request to Present be referred to the Clerk to Schedule. 5.6 That the Letter from the Huntington Society of Canada — Huntington Disease Awareness Month be referred to the Clerk to prepare Proclamation. 5.7 That as recommended by the City Manager in the submitted report M&C 2018- 63: Traffic Paint Sole Source, notwithstanding the City's Procurement Policy, Common Council authorize City staff to purchase Franklin Paint Company traffic paint for the 2018 construction season as a sole source procurement from Stinson Equipment Limited at a cost of $ 73,797.64 plus HST. 5.8 That as recommended by the City Manager in the submitted report M&C 2018- 64: Contact No. 2017-17: Bulk Water Dispensing System Upgrades, the contract be awarded to the low Tenderer, Fairville Construction Ltd., at the tendered price of $132,224.01 (including HST) as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. 5.9 That as recommended by the City Manager in the submitted report M&C 2018- 70: 2018 Agreement with SOT Brunswick Square Inc. for Cleaning and Security Services for Chipman Hill, 1) The City enter into a one (1) year agreement with SOT Brunswick Square Inc. for cleaning and security services for the Chipman Hill Pedway at an annual cost of $49,150.86 (excluding HST) for the calendar year 2018; and 2) That the Mayor and Common Clerk be authorized to execute the said agreement. 1 100 - Council Minutes- Regular Meeting March 12, 2018 5.10 That as recommended by the City Manager in the submitted report M&C 2018- 67: City Interest in Acquiring Properties from the Province - civic #859 Sand Cove Road and civic #31 Whitebone Way, Common Council direct staff to advise the Province of New Brunswick that it has no interest in acquiring either property specified in its two letters addressed to the Mayor, City of Saint John, dated January 24, 2018, as submitted. 5.11 That as recommended by the City Manager in the submitted report M&C 2018- 68: Update the City of Saint John Asset Management Policy, Common Council approve the updated Asset Management Policy Statement submitted as Appendix A. 5.12 That as the submitted brochure West Water News — Saint John Water South Bay Wellfield, be received for information. 5.13 That as recommended by the City Manager in the submitted report M&C 2018- 71: Beautification Policy Update, Common Council adopt the amended Beautification Grant Program Policy. Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that the recommendation set out for each consent agenda item be adopted. MOTION CARRIED. 6. Members Comments Council members commented on various community events. 7. Proclamation 7.1 March 2018 — Nutrition Month The Mayor declared March 2018 as Nutrition Month in the City of Saint John. 8. Delegations/Presentations 8.1 Harding Street West Presentation Referring to the submitted report entitled Harding Street West Presentation, G. Keating outlined the noise, air pollution, pedestrian safety in crosswalks, parking signage and violations caused by the truck and vehicle traffic on Harding Street. Moved by Councillor Sullivan, seconded by Councillor Norton: RESOLVED that the Harding Street West Presentation be referred to staff for a plan to address short, medium and long term solutions and report back to Council within eight weeks. 1► [QINI dy—Al1NL" 9. Public Hearings 6:30 PM 9.1 34 Mount Pleasant Ave. East and 241 Bayside Drive — Rezoning & Section 59 Amendment — Presentation 9.1.1 Plannine Advisory Committee report Recommending approval with Section 59 Conditions 9.1.2 Zoning Bylaw Amendment (1" and 2nd Reading) The Common Clerk advised that the necessary advertising was completed with regard to the proposed zoning bylaw amendment for a parcel of land located at 34 Mount 3 100 - Common Council Minutes March 12, 2018 Pleasant Ave. East and 241 Bayside Drive to permit the construction of a convenience store with gas bar and car wash, with no written objections received. The Planning Advisory Committee recommended approval of the re -zoning as set out in the submitted report, with Section 59 conditions. The Mayor called for members of the public to speak against the re -zoning with Claire Fairweather presenting, objecting that the notice did not inform residents an A&W drive-thru restaurant is also included in the plan and the restaurant hours of operation are not known. The Mayor called for members of the public to speak in favour of the re -zoning with Rick Turner, Hughes Surveys presenting. Moved by Councillor Merrithew, seconded by Councillor MacKenzie: RESOLVED that the process be referred back to the City Manager to consult with the proponent to explore potential Section 59 conditions on the restaurant that could address the hours of operation and return to Council with a recommendation. MOTION CARRIED with Councillors Strowbridge and Casey voting nay. 10. Consideration of By-laws 10.1 Proaosed Municiaal Plan Amendment — 384 Lancaster Avenue Moved by Councillor MacKenzie, seconded by Councillor Lowe: RESOLVED that the proposed Municipal Plan By -Law Amendment regarding 384 Lancaster Avenue be referred to the Planning Advisory Committee for a report and recommendation and the necessary advertising be authorized with a Public Hearing to be held on Monday, May 7, 2018 at 6:30 pm in the Council Chamber. MOTION CARRIED. 11. Submissions by Council Members 11.1 Reauested ChanL-es in Provincial Legislation for Candidates in the UDcomin Provincial Election (Councillor Sullivan) Moved by Councillor Sullivan, seconded by Councillor Norton: RESOLVED that Common Council direct the City Manager to prepare a briefing document to the leaders of each provincial political party and to all candidates running in the City of Saint John in the upcoming provincial election that will describe the legislative changes being requested by the City to help us achieve a sustainable solution to our structural deficit issues, and to bring the report back to Council for final approval. MOTION CARRIED. 12. Business Matters - Municipal Officers 13. Committee Reports 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 15.1 PRO Kids Annual "Fun" Raising Dinner Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: El 100 - Council Minutes- Regular Meeting March 12, 2018 RESOLVED that Common Council refer the PRO Kids Annual "Fun" Raising Dinner to the Common Clerk to purchase one table. MOTION CARRIED. 16. Supplemental Agenda 17. Committee of the Whole 17.1 Collective Agreement between the City of Saint John and the Saint John Fire Fighters' Association Local Union No.771 Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that as recommended by the Committee of the Whole having met on March 12th, 2018, Common Council: 1. Ratify the agreement between the City of Saint John and the Saint John Fire Fighters' Association Local Union No. 771, and that; 2. After a final review by the City Solicitor as to legality and form, authorize the Mayor and Common Clerk to execute the proposed Working Agreement on behalf of the City of Saint John. IL 1130H Q0KeL\:1:k11110 17.2 FCM Annual Conference and Trade Show Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that as recommended by the Committee of the Whole, having met on March 12th, 2018, the FCM Annual Conference and Trade Show be referred to the Common Clerk to accommodate the Mayor and two Members wishing to attend. MOTION CARRIED with Councillors Merrithew, Norton and Casey voting nay. 18. Adjournment Moved by Councillor MacKenzie, seconded by Councillor Armstrong: RESOLVED that the meeting of Common Council held on March 12, 2018, be adjourned. MOTION CARRIED. The Mayor declared the meeting adjourned at 8:07 p.m. Mayor/ maire Common Clerk / greffier communal 5 �&STEWART MCKELVEY March 14, 2018 Hand Delivered Brunswick House 1000— 44 cote Chipman Hill, P.O. Box/C.P. 7289, Postal Station/Succursale A Saint John NB E21- 4S6 Canada tel/tell: 506.632.1970 fax/t6lec: 506.652.1969 stewartmckelvey.com Common Council City of Saint John 15 Market Square 8th Floor PO Box 1971 Saint John, New Brunswick E21-41-1 Dear Sir: Re: Release of Covenant 815-819 Millidge Avenue (the "Prope ") C. Paul W. Smith Direct Dial: 506.632.2787 Direct Fax: 506.652.1989 psm ith @stewa rtm cke Ivey. corn We are writing on behalf of The Bishop of Fredericton (the "Bishop") and the Anglican Parish of Millidgeville and Trustees of the Mission Church (together, the "Parish"), respectively the legal and beneficial owner of the Property. The Property was conveyed by the City to the Bishop by deed dated October 20, 1963. The Deed included the following restriction: TO NAVE AND TO HOLD the said lot, piece or parcel of land and premises hereby granted, bargained and sold or meant, mentioned or intended so to be and every part thereof with the appurtenances unto the said Grantee, his successors and assigns, so long as the said lands and premises shall be used or occupied or permitted to be used or occupied as a place of worship or used for religious, philanthropic or educational wont in connection with such place of worship. Following the conveyance form the City, the church and hall presently located on the Property was constructed by the Parish and has, until very recently, been in continuous use as a place of worship. However, like many religious organizations, faced with changing populations and societal shifts, members of the Parish concluded that the cost of maintaining the facilities located on the Property was limiting their ability to serve the community. At the same time, the Parish was presented with the opportunity of relocating its place of worship to Outflow Ministry on Waterloo Street. This move will allow the Parish to serve the people of the Uptown and Waterloo Village area of the City and to support the work of Outflow Ministries in serving the homeless and underprivileged members of our community. The Parish sees this move as creating an exciting future for it and also linking it to its past as the origin of the Parish was the Mission Church that was located on Paradise Road which served the poor and underprivileged City for many years. 852911 0 CHARLOTTETOWN FREDERICTON HALIFAX 6 MONCTON SAINT JOHN ST. JOHN'S Pagr- 12 As a result of these changes the Property will become surplus and the intention is to sell it. We are advised by the Parish's real estate consultant however that there is little or no market for the Property as a place of worship or similar use. Consequently on behalf of the Bishop and the Parish we are asking that the City agree to remove the above restriction. We believe that this request is in the interests of the City as a sale of the Property will provide funds to the Parish to assist it with its mission on Waterloo Street while, at the same time, removing the restriction would allow for the purchase by a non -tax exempt purchaser thereby contributing to the City's tax base. On behalf of our client we would ask for your favourable consideration of this request. Respectfully, Stewart Kelvey 0 C. Paul W. Smith 852911 v1 7 Jeux de 171%.Udie Friday, March 2nd 2018 Societe des Jeux de I'Acadie Inc. 702, rue Principale, Bureau 210 Petit -Rocher, N. -B. E8J 1V1 m'i;:i1 r T61: (506) 783-4207 a :I 11 IF; �� C) Telec.: (506) 783-4209 Courriel : sja1@nbnet.nb.ca M,AR 1 2018 www.jeuxdelacadie.org s` Subject: Launch of the Selection Process for the Host Municipality of the 42nd "Finale des Jeux de I'Acadie" in 2021 Dear Municipal Officials, On behalf of La Societe des Jeux de I'Acadie (SJA), this is to advise your council that the selection process will soon begin for the host municipality (or group of municipalities) of the 42nd "Finale des Jeux de I'Acadie" to be held in 2021. You are no doubt aware that the "Finale des Jeux de I'Acadie" is a major event for the municipality or group of municipalities selected to welcome the Acadian youth participants. In fact, more than 1,100 athletes are expected to converge in June 2021 on the municipality chosen to host the 42"d "Finale des Jeux de I'Acadie." The numerous economic, social, technical and other spin-off benefits generated by the "Finale des Jeux de I'Acadie" make it a showcase event with immeasurable positive impact on the communities responsible for hosting it. A study of the tourism and economic impact of the "Finale des Jeux de I'Acadie" has demonstrated that some 27,000 visitors attend the various sports competitions and generate economic spin-off benefits totalling more than $1.2 million for the host municipality and an additional $400,000 for the host province as a whole. Far beyond this economic impact, however, the social impact of hosting the games cannot be understated in terms of fostering and promoting the volunteer culture that develops throughout the community along with the awareness that when we work together, we can achieve anything! An important information session will be held on Sunday, April 8th, 2018, at 1:00 p.m. at the main office of the SJA located at 702 Principal Street, Suite 210, Petit -Rocher, NB. The objective of this information session, which is mandatory for all municipalities seeking to apply for selection to host the 2021 "Finale des Jeux de I'Acadie," is to provide the management team of La Societe des Jeux de I'Acadie an opportunity to present the parameters and criteria that have been defined for the process of selecting the host municipality. - - - PRESENTATEUR 0%Ir Partenaires MAJEURS acadienouvelle fondation des Deux de I'Acadie Partenaires OR Jeunesse Canada au Travail Partenaires GOUVERNEMENTAUX ICI 4i_i► acaDie Canaaa ^ - Bru s"wick MIRAMICHI c � mn rn Processus de selection — 42' Finale des Jeux de I'Acadie de 2021 Le vendredi 2 mars 2018 Municipalities interested in taking part in this information session are asked to confirm their attendance by completing the enclosed form and returning it to our office via e-mail or fax by Wednesday, April 4th, 2018. Municipalities confirming their attendance in this manner may send up to three (3) representatives to the information session. Municipalities applying as a group may send a total of up to five (5) representatives to the session on behalf of their group. It is important to note that attending the information session is not binding in any manner whatsoever on any municipality. Municipalities seeking to proceed with application to host the games will have until Friday, May 11th, 2018, to confirm their intention. They will then have until Friday, June 22"d, 2018, to prepare and submit their application to the SJA. A screening committee formed by the SJA will conduct a thorough evaluation of all applications in September and October 2018. This evaluation will include a review of the application documentation, a meeting with the provisional committee of each municipality and visit to each site. In October 2018, at the banquet of the Annual General Meeting of La Societe des Jeux de I'Acadie, the name of the municipality selected to host the 42nd "Finale des Jeux de I'Acadie" in 2021 will then be announced. On behalf of the SJA, I consequently encourage your municipal council to seriously consider entering your municipality's name into the selection process to be the host municipality of the 42"d "Finale des Jeux de I'Acadie" in 2021. This selection process is a rewarding exercise in itself that we highly recommend. We look forward to seeing you at the information session on April 8th 2018, when we will be pleased to review the various aspects of the selection process and to answer any questions you may have in this regard. For additional information, please contact Mrs Mylene Ouellet-LeBlanc, Executive Director of La Societe des Jeux de I'Acadie, at 506-783-4207 or by e-mail at dg@ieuxdelacadie.org, or info@jeuxdelacadie.org Guy -Laine Legace P -j• (1) Jets de I'Acadie 2 P a g e lesuisover toiouxleuxdef cadie Jeux de F1,%%-Qdie Societe des Jeux de I'Acadie Inc. 702, rue Principale, Bureau 210 Petit -Rocher, N. -B. E8J 1Vl Te1:(506)783-4207 Telec.: (506) 783-4209 Courriel : sjal@nbnet.nb.ca www.jeuxdelacadie.org PROCESSUS DE SELECTION 42e FINALE DES DEUX DE L'ACADIE DE 2021 FORMULAIRE D'ATTESTATION D'UNE PARTICIPATION A LA SESSION D'INFORMATION Par la presente, la municipalite de atteste qu'elle sera presente a la session d'information sur Forganisation d'une Finale des Jeux de 1'Acadie qui aura lieu le dimanche 8 avril 2018 a 13 heures au siege social de la SJA, soit au 702, rue Principale, Bureau 210, Petit -Rocher, N. -B Cette session d'information est obligatoire pour toute municipalite desirant poursuivre le processus de selection de la Municipalite hotesse de la 42e Finale des Jeux de 1'Acadie de 2021 mais n'engage en rien les villes ou villages qui y seront alors representes. La municipalite sera representee par les personnes suivantes RESPONSABLE: NOM ET PRENOM : TITRE / FONCTION : ADRESSE: TELEPHONE: (m) (b) TELECOPIEUR : NOM ET PRENOM: NOM ET PRENOM: TITRE / FONCTIONS: TITRE / FONCTIONS: NOM ET PRENOM: NOM ET PRENOM: TITRE / FONCTIONS: TITRE / FONCTIONS: FAIRE PARVENIR CE FORMULAIRE La Societe des Jeux de 1'Acadie inc. 702, rue Principale, Bureau 210 AVANT LE MERCREDI 4 AVRIL 2018 Petit -Rocher, NB E8J 1V1 506-783-4209 (telecopieur) PRESENTATEUR Partenaires OR Jeunesse Canada au Travail Partenaires GOUVERNEMENTAUX Canada _ Ne.. Nouveau MIRAM1CHf .,, Brunswick 10 34 Pugsley Avenue Saint John, NB E2K2X2 jamesdouglaskeith@gmail.com March 17, 2018 Common Council City Hall Saint John, NB commonclerk@SaintJohn.ca I respectfully request that Common Council pass a bylaw to prohibit rail traffic within city boundaries between the hours of midnight and 6 a.m. This is a reasonable request given that the city already exercises control over many activities of local citizens and businesses, including but not limited to prohibiting excessive noise (except for railroads and emergency vehicles), allowing truck traffic only on designated routes, banning certain manufacturing etc.) As I stated in a previous letter, Saint John promotes itself as a healthy community (the Saint John Community Plan refers to the health of citizens no fewer than 25 times). And yet, elected representatives have refused to tackle the issue of excessive noise from train whistles that interrupt the sleep of citizens. Sleep disturbance is a well-known risk to our physical, mental, and emotional well-being. The World Health Organization has recognized environmental noise as harmful pollution, with adverse psychosocial and physiological effects on public health. Studies have specifically linked transportation noise to certain health risks. See, for example, https://www.eurekalert.org/pub_releases/2017-06/stap-tni062117.php. Further, Health Canada notes that insufficient sleep is associated with a range of adverse health outcomes, including obesity, type 2 diabetes, cardiovascular disease, injuries, all -cause mortality, depression, irritability, and reduced well-being. See http://www.statcan.gc.ca/pub/82-003- x/2017009/article/54857-eng. htm. As council is aware, the population of Saint John is in a freefall. Mayor Don Darling and others have stressed the importance of stopping the population decline and turning it around by attracting newcomers to the city. This will not be possible without a firm demonstration by elected representatives that this is a community that values the health of its citizens. Given the numerous and well-documented health risks associated with urban noise pollution and lack of sleep, and the city's previously stated commitment to a healthy community, I expect council to either prohibit overnight rail traffic within its boundaries or end the hypocrisy by removing the misleading reference to Saint John as being a healthy community from the municipal plan and any other publicly available or distributed municipal government documents. Yours sincerely; Douglas James 11 exercises control over many aspects of daily life in Saint John including but not necessarily limited to noise (for everything except train whistles), routes for truck traffic, fireworks manufacturing and sales, limits excessive noise from all other sources, designates approved routes for truck traffic, has in the past supported legislation governing retail operating hours (and still does for prescribed days of rest) Given that the city clearly states (numerous times) in its municipal plan that it supports and encourages a healthy community, it has no choice but to eliminate train whistles that interrupt the sleep of citizens on a regular basis. 12 LM�A 1)`'V � 0 201 To: Mayor and council of the City of Saint John Re: Is the Transit Passenger Advisory Committee a sham? Your Worship and council, I have been an enthusiastic advocate of public transit and pedestrian safety in this city since my first SJ Transit charter for the public, 20 years ago. My most recent charter demonstrated the viability of a West Side transit route that serviced the West Side and provided uptown/north access. I have not yet received an invoice for this 3 day, cash charter. I take an active interest in all things transit. I looked forward to the public engagement opportunities offered by the Central Peninsula Neighbourhood Action Plan. As no transportation representative attended the May 2017 launch, my Think Transit Explore SJ proposal was forwarded to transit routing by the planning department. This proposal redesigned transit routes using existing resources. By eliminating backtracking, overlapping route redundancy, regular service was expanded east to the Hickey Rd, west to the Gault Rd and north to the Kennebecasis River. Service time was equalized. All routes would have 30min or less service and existing bus stops would remain the same. I was disappointed at the July 6-8 Central Peninsula Summit when the scheduled transportation representative failed to show up I was naturally surprised on Mar 7th to learn of a failed attempt to form a Transit Passenger Advisory Committee. When exactly was this initiative conceived and how was the public informed? I saw nothing posted on any bus, advising passengers of this passenger advisory committee. Did the bus drivers know? Forward thinking transportation policy must include GENUINE public engagement. To date, my experience with SJ Transit has not been positive. They have not even acknowledged receiving my May 2017 Think Transit Explore SJ proposal. Santa brought me a $77.00 Jan bus pass to explore the city. I was shocked when I could not use my bus pass to board a bus. The driver informed me that he was just doing his job. It required two trips to the transit office to confirm this. Transit policy compels bus drivers to interrogate and actively keep passengers OFF the bus. This daily combative interaction with the public does not seem to be a very healthy work environment for these dedicated professionals. Does SJ Transit violate occupational health & safety standards? Does anyone associated with transit policy or design, actually use the bus? Which preferred special interest groups DO they represent? 13 Move SJ should not proceed until discriminatory Saint John Transit policy and procedures are professionally evaluated by a transportation expert from outside the greater Saint John area. Respectfully Mary Ellen Ca March 20, 2018 ioncton@gmail.com 14 COUNCIL REPORT M&C No. 2018-72 Report Date March 14, 2018 Meeting Date March 26, 2018 Service Area Finance and Administrative Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Spring 2018 Debenture Refinance Application OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Craig Lavigne Cathy Graham/Kevin Fudge Jeff Trail RECOMMENDATION Whereas occasion having arisen in the public interest for the following public civic works and needed civic improvements, that is to say: REFINANCE DEBENTURES Debenture No. AY 7-2008 $ 2,830,000 (General Fund — 5 years) Debenture No. AY 8-2008 $ 1,250,000 (Water & Sewerage — 10 years) $ 4,080,000 TOTAL $ 4,080,000 1. Therefore resolved that debentures be issued under provisions of the Acts of Assembly 52, Victoria, Chapter 27, Section 29 and amendments thereto to the amount of four million and eighty thousand dollars ($4,080,000). 2. Commissioner of Finance be authorized to issue and to sell to the New Brunswick Municipal Finance Corporation (the "Corporation") a City of Saint John bond or debentures in the principal amount of four million and eighty thousand dollars, ($4,080,000) at such terms and conditions as are recommended by the Corporation. 3. And further that the City of Saint John agrees to issue post-dated cheques to the Corporation, or other such arrangements as the Corporation may 15 from time to time accept, in payment of principal and interest charges on the above bond or debenture as and when they are required by the Corporation. 4. And further that the Commissioner of Finance be hereby authorized to receive an offer in connection with the foregoing debentures at a price not less than $98 per $100 of debenture, at interest rates not to exceed an average of 4.50% and a term not to exceed 5 years for the General Fund and term not to exceed 10 years for the Water and Sewerage Utility. 5. And further that the Commissioner of Finance report to Common Council the exact values for price per $100 of debenture, interest rate and term in years, together with the date of the issue. EXECUTIVE SUMMARY The debentures issued to the City of Saint John in May 2008 were for a term of 15 years General fund and 20 years Utility Fund. However, due to market conditions at that time, the New Brunswick Municipal Finance Corporation could only issue debentures with a 10 year term with a requirement to refinance the remaining balance in the spring of 2018. The next step in the debenture refinancing is to submit application to the New Brunswick Municipal Finance Corporation. In order to proceed with the debenture financing this recommendation requires Council's adoption. I1:7��IC�1►1��:7���]�►j�[�1P1 N/A REPORT The New Brunswick Municipal Finance Corporation is planning a bond issue in the near future and applications are to be submitted by April 6, 2018. While the issue will not be sold until the Corporation feels that rates are reasonable, they have provided ranges within which the issue could be sold. These are as follows: Interest Rate: Not to exceed an average of 4.50% Price, Net: Not to be less than $98.00 per $100.00 of debenture Term: Serial form to mature in equal annual amounts over a term not to exceed 5 years for the General Fund and 10 years for the Water & Sewerage Utility. iL -3 - The amount to be borrowed is a result of the refinancing of debentures issued in 2008. Market conditions in 2008 resulted in a fixed period of ten years on the debentures even though the City borrows for 15 years for General Capital and 20 years for Water and Sewerage. There is interest rate risk for the City when debentures require refinancing due to market conditions. The City has received debentures since 2012 that are for the full term and will not require refinancing, therefor eliminating interest rate risk. The City has also benefited from historically low interest rates when refinancing the balance owed on debentures. The average yield on the May 2007 debentures was 4.567%, where the average yield on debentures in December 2017 was 2.36% for a 10 year term. Market conditions are still favorable and the City will see a reduction in interest costs for these refinanced debentures. SERVICE AND FINANCIAL OUTCOMES N/A INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS N/A ATTACHMENTS N/A 17 COUNCIL REPORT M&C No. 2018-78 Report Date March 20, 2018 Meeting Date March 26, 2018 Service Area Growth and Community Development Services His Worship Mayor Don Darling and Members of Common Council SUBJECT. Proposed Public Hearing Date — 630 Grandview Avenue, 42 Leinster Street, 237 Foster Thurston Drive, 110 Emerald Lake Road/ 783 Hillcrest Road, 449 & 453 Boars Head Road/ 573 Woodward Avenue and 36 St. James Street OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Mark Reade Jacqueline Hamilton Jeff Trail I;7���1uIu7�►�I �7_� ��[�1P1 That Common Council schedule the public hearings for the rezoning applications of Natasha Tobias (42 Leinster Street), Tim Jones (237 Foster Thurston Drive), and Kevin Steele (110 Emerald Lake Road / 783 Hillcrest Road) for Monday May 7, 2018 at 6:30 p.m. in the Council Chamber, and refer the applications to the Planning Advisory Committee for a report and recommendation. 2. That Common Council schedule the public hearings for the rezoning and Section 59 amendment applications of Irving Oil Limited (630 Grandview Avenue), NJP Developments Inc. (449 & 453 Boars Head Road and 573 Woodward Avenue) and Mike Cavanaugh Homes (36 St. James Street) for Tuesday May 22, 2018 at 6:30 p.m. in the Council Chamber, and refer the applications to the Planning Advisory Committee for a report and recommendation. The purpose of this report is to advise Common Council of the rezoning and Section 59 amendment (formerly Section 39) applications received and to recommend an appropriate public hearing date. While the next available public hearing date is Monday May 7, 2018, given that six applications have been received, which is a larger than typical volume of applications, Staff recommend that three of the applications have Public Hearings scheduled for the May 7'2018 im Ira meeting, with the remaining three scheduled for the Common Council meeting of Tuesday, May 22, 2018. 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 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. REPORT As provided in Common Council's resolution of August 3, 2004, this report indicates the rezoning and Section 59 amendment applications received and recommends an appropriate public hearing date. Details of the applications are available in the Common Clerk's office and will form part of the documentation at the public hearings. The following applications have been received: Name of Location Existing Proposed Reason Applicant Zone Zone Kevin Steele 110 Emerald Rural (RU) Pit and Quarry To expand an existing Lake Road / 783 (PQ) aggregate extraction Hillcrest Road operation. Tim Jones 237 Foster Rural (RU) Neighbourhood To construct a private Thurston Drive Community school. Facility (CFN) Natasha Tobias 42 Leinster Street Neighbourhood General To convert the existing Community Commercial building into an office, Facility (CFN) (CG) dwelling unit and wedding/banquet hall. NIP 449 & 453 Boars One -Unit Low -Rise To develop a mix of Developments Head Road and Residential Residential multiple unit, semi - Inc. 573 Woodward (R1) (RL) and Mid- detached and Avenue Rise townhouse dwellings. Residential (RM) Mike Cavanaugh 36 St. James Major Urban Centre To rescind the existing Homes Street Community Residential Section 59 conditions Facility (CFM) (RC) and and convert the Section 59 existing buildings into Amendment multiple unit Irving Oil 630 Grandview Medium Special Zone 2 To develop a parking Limited Avenue Industrial (IM) (SZ -2) lot for the existing oil refinery. 19 -3 - STRATEGIC ALIGNMENT While the holding of public hearings for proposed rezoning and Section 59 amendments is 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. On a broader note, the development approvals 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 and services. 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 Service. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Not Applicable ATTACHMENTS None 20 COUNCIL REPORT M&C No. 2018-073 Report Date March 16, 2018 Meeting Date March 26, 2018 Service Area Finance and Administrative Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: City Market Tower Interior/Exterior Renovations — Additional Design Consulting Services Award OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadCity Manager Samir Yammine Kevin Fudge I Jeff Trail RECOMMENDATION It is recommended that the proposal submitted by Murdock and Boyd Architects for the Additional Design Consulting Services of the City Market Tower Interior/Exterior Renovations, in the amount of $133,680 plus HST be accepted. EXECUTIVE SUMMARY The purpose of this report is to seek Council's approval to award the Additional Design Consulting Services of the City Market Tower Interior/Exterior Renovations to Murdock and Boyd Architects. PREVIOUS RESOLUTION On December 16, 2014, Common Council ( M&C 2014-233) awarded the design consulting services for Proposed Renovations to the City Market Head Tower to the low bidder, Murdock and Boyd Architects, for the contract price of $154,000 plus HST. REPORT The original fee proposal of Murdock and Boyd Architects was limited in the scope of work and does not include items related to interior/exterior structure of the tower, reinforcement of roof structure to support HVAC equipment, new electrical service entrance, new heating plant, etc. Since the award of the 21 IrAN original proposal in December 2014, the following work and investigation were completed, which have resulted in an increase in the scope of work: • Interior demolition at the City Market Tower. The purpose is to remove all the finishes including mechanical, electrical items and any hazardous material, to allow Architects to identify any structure, electrical, heating, water leak, etc. related issues to the City Market Tower Interior/Exterior Renovation. • Analysis of the HVAC and Electrical Systems. The purpose of this analysis is to identify works that need to be performed on the mechanical, HVAC, Electrical, Plumbing Systems. The above analysis and demolition has revealed many structures, masonry, electrical, mechanical and HVAC issues that were not originally anticipated and addressed in the original scope of work of the consultant. These issues must be incorporated into the City Market Tower Renovations and will result in an increase in the scope of work. The additional scope of work includes the following: • Design for new boilers & heating system, including the provision of adequate space. • New roof structure and support for HVAC equipment on Market Hall • New electrical service entrance. • Exterior lighting of the City Market Tower. • CCTV/access control. • Elevator pit/drain design. • Access flooring design. • Renovation of the main level lobby. • Underside of roof insulation/ceiling design (Existing insulated attic space was removed). • Factoring in future renovations for the main market building. • Main stairway renovation. • Access flooring design. Staff from Facility Management have reviewed the Additional Design Consulting Services price and found the cost is acceptable and in line with the industry standard for the complexity of the project and the scope of work. STRATEGIC ALIGNMENT The proposed City Market Tower Interior/Exterior Renovations Design Consultant Services is part of the City Market capital renewal. The renovation of the City Market Tower was identified as a high priority by Common Council. SERVICE AND FINANCIAL OUTCOMES 22 -3 - The total cost of the Additional Design Consulting Services of the City Market Tower Interior/Exterior Renovations will be $$133,680 plus HST. Funding for this work is provided by a shared funding agreement with Regional Development Corporation (RDC) for 58% of project total ($77,534), with the remaining funds of 42% ($56,146) provided from the 2017 City of Saint John Capital budget envelope for the City Market Upgrade Program. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS This report has been reviewed by staff from Materials Management and is in accordance with the City's Procurement Policy ATTACHMENTS N.A. 23 { COUNCIL REPORT M&C No. 2018-83 Report Date March 14, 2018 Meeting Date March 26, 2018 Service Area Corporate Services His Worship Mayor Don Darling and Members of Common Council SUBJECT. 2018 Regional Digital Orthophotography Acquisition OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadCity Manager Yves Leger Neil Jacobsen /Stephanie Rackley -Roach Jeff Trail RECOMMENDATION It is recommended that Option 2 (5cm) of the proposal submitted by First Base Solutions, for the acquisition of 2018 digital orthophotography, in the amount of $84,253.77 plus HST be accepted. EXECUTIVE SUMMARY The purpose of this report is to seek Council's approval to award 2018 Regional Digital Orthophotography Acquisition to First Base Solutions. PREVIOUS RESOLUTION 2018 operating budget REPORT Orthophotos are aerial photographs in which the displacement of objects, due to normal photographic distortion, curvature of the earth and ground relief, has been eliminated. They are photos that show objects on the ground, in their correct geographic position. In addition to giving users a better understanding of their geography, within the Geographic Information System (GIS), orthophotos provide a means for updating existing asset and infrastructure mapping information as well as mapping any new features. Since the distances and angles can be measured directly from 24 sa orthophotos, the number of field visits required for each project are dramatically reduced or eliminated altogether. The recommended Option 2 (5cm) is higher resolution orthophotography than we have acquired in previous years. The higher resolution will enable better mapping of assets as well as condition assessment of some assets, such as roads and sidewalks from the desktop, thus significantly reducing the need for field visits and the time required to have the information in the asset management program. The City of Saint John Geographic Information Systems service area has been coordinating and managing biennial digital orthophotography acquisition projects for the Greater Saint John area, including the surrounding municipalities of Grand Bay -Westfield, Rothesay, Quispamsis and Hampton, since 2004. This year's project covers an area of 724 square kilometers. The primary reason for including the surrounding municipalities in the project is to realize an economy of scale, i.e. the greater the project area, the lower the per square kilometer cost for all partners. In addition to each partnering municipality paying for their own area, past practice has also been to sell the data to recover some of the costs. As part of the data refresh, we are investigating new cost -recovery models involving other levels of government and the private sector. Fir:7_�irx�IC��I�C�I►�IuI�Pi� The 2018 Digital Orthophotography Acquisition is well aligned with Council's Priority for Valued Service Delivery, specifically as it relates to developing an integrated asset management plan that aligns with PlanSJ to prioritize investment. SERVICE AND FINANCIAL OUTCOMES The total cost to perform the City's portion of this regional project, if awarded as recommended, will be $84,253.77 plus HST. Funding for this project is provided in the Geographic Information Systems and Saint John Water's operating budgets. uul►jr�asur•�►r.�:� :�►ire-►: 1r_-►:�:16"m IM Materials Management facilitated the publically advertised proposal call. Request for Proposal (RFP) no. 2018-081301P was issued on February 1, 2018 and closed on February 22, 2018 with the following six companies responding by submitting proposals: 25 -3 - COMPANY NAME LOCATION Aeroquest Mapcon British Columbia First Base Solutions Ontario Group Info Consult Quebec Perron, Hudon & Belanger, Inc. Quebec TDB Consultants British Columbia XEOS Imaging Inc. Quebec A review committee, consisting of staff from Materials Management and Geographic Information Systems as well as representatives from the towns of Rothesay and Quispamsis reviewed the submissions for completeness and compliance with the RFP requirements and selection criteria consisting of the following: 1. Completeness 2. Technical Approach (Methodology and Equipment) 3. Management Approach 4. Experience of Personnel Assigned to the Project 5. Experience of the Firm in Comparable Projects 6. Response of Bidder's References 7. Location and Accessibility of Pertinent Personnel 8. Production and Delivery Schedule When the technical evaluations of the proposals had been completed, the financial proposals were opened and evaluated. After final scores were calculated, the committee ranked First Base Solutions highest, as they met all the requirements set forth in the RFP and received the highest evaluation score. The above process is in accordance with the City's Procurement Policy and Materials Management support the recommendation being put forth. ATTACHMENTS None. 26 COUNCIL REPORT M&C No. 2018-79 Report Date March 21, 2018 Meeting Date March 26, 2018 Service Area Corporate Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Long Distance and Teleconferencing Contract - Landlines OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadCity Manager Sarah Ranson Stephanie Rackley -Roach Neil Jacobsen Jeff Trail RECOMMENDATION The City Manager recommends that the Mayor and Common Clerk be authorized to execute the Long Distance and Teleconference Service Schedule April 12018 to March 312020 agreement with Bell Aliant for long distance and tele- conferencing fees as listed in the agreement (attached). EXECUTIVE SUMMARY The City's long distance and teleconference services contract will expire at the end of March. The Province of New Brunswick (PNB) has recently renewed their rates, and the City can take advantage of this contract. The rates have remained the same as in the previous contract. The City must execute the attached contract to continue to take advantage of the PNB rates going forward. If this agreement is not adopted, the City will revert to the current market rate. PREVIOUS RESOLUTION N/A REPORT The current long distance agreement expires on March 31 2017. The current market rate for long distance for a phone and internet bundle is 4 cents per minute. 27 -2 - The PNB rate is 1.4 cents per minute ($0.014/minute) for intra -provincial calls and 1.8 cents per minute ($0.018/minute) for New Brunswick to Canada Outbound and Inbound toll free calls. This agreement results in the following long distance savings; Service Savings Intra -Provincial Calls in New Brunswick 2.6 cents / minute ($0.026/minute) New Brunswick to Canada Outbound and Inbound toll free calls 2.2 cents / minute ($0.022/minute) STRATEGIC ALIGNMENT As outlined in Council Priorities, the City is looking for strategic approaches to financial management, including leveraging collaborative procurement opportunities. Bell Aliant is offering the City the same rates that were negoatiated by the Province of New Brunswick. SERVICE AND FINANCIAL OUTCOMES The rates in the new contract maintain current rates. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The Materials Management department is supportive of proceeding with the contract as these services are a sole source. ATTACHMENTS Long Distance and Teleconferencing Services Schedule DocuSign Envelope ID: 4B110562-CFC4-4819-A559-71BF4095F046 EWIAIiant Master Agreement Number: CN -0807-8441 Services Schedule Number: CN -1802-61171 LONG DISTANCE AND TELECONFERENCING SERVICES SCHEDULE Customer Name: City of Saint John (the "Customer") The services described in this Long Distance and Teleconferencing Services Schedule (the "Services Schedule") are provided in accordance with and governed by either i) a Master Services Agreement between the Customer and Bell Aliant Regional Communications, Limited Partnership ("Bell Aliant"), subsequently assigned by Bell Aliant to Bell Canada (the "MSA"); or ii) a Master Communications Agreement between the Customer and Bell Canada ("Bell") (the "MCA"), whichever is applicable. The MSA and MCA, whichever is applicable, shall herein be referred to as the "Master Agreement". Bell and the Customer agree that this Services Schedule is attached to and forms part of the Master Agreement and is governed by its terms and conditions, with effect from the date of execution of this Services Schedule by the Customer. Capitalized terms used but not defined in this Services Schedule have the meanings given to them in the Master Agreement. For the purposes of this Services Schedule, references to the "Agreement" shall include both the Master Agreement and the Services Schedule. 1. TERM a. Initial Service Term: The Initial Service Term shall be effective as of April 1, 2018 (the "Effective Date") and shall continue until March 31, 2020. b. Service Renewal Term: Upon expiration of the Initial Service Term, and unless either party informs the other with 30 days prior written notice of non -renewal, there shall be i) 1 Service Renewal Term equal in length to 12 months, subject to Service New Brunswick extending its Long Distance Agreement with Bell, or ii) in the event Service New Brunswick does not extend its Long Distance Agreement there shall be consecutive Service Renewal Terms each equal in length to 1 month at rates equal to the month-to-month fees then in effect for the Services. c. Use of Service beyond Service Term: If the Customer for any reason continues to use the Services after the expiry or termination of this Services Schedule, the terms and conditions of the Agreement including this Services Schedule shall continue to apply for so long as the Customer uses the Services, except that the Fees shall be the month-to-month fees then in effect for the Services. 2. SERVICE a. Definitions: L "North American toll-free calls" means Canada -Canada and U.S.-Canada toll-free calling associated with Business Savings Plan service - Toll-free service. ii. "North American outbound toll calls" means Canada -Canada and Canada -U.S. outbound toll calling associated with Business Savings Plan - Long Distance service. iii. "Port" means a single user with a single access to a teleconferencing bridge. b. Description of Service: The Long Distance and Teleconferencing Service (the "Services") consist of 4 components: i. Long Distance Services: (1) Direct -Dialed Outbound: End-to-end voice connectivity from the point where Bell's service physically connects to the switching equipment servicing the Customer's originating caller to any terminating switching equipment within North America or the international country called. (2) Automated Calling Card: A card based service utilizing a personal identification number ("PIN") system allowing the Customer to make Direct -Dialed Outbound Long Distance Calls or make calls within the local calling area. (3) Call Duration Billable Parameters: The minimum billable call duration is 30 seconds and each call is billed in 6 second increments thereafter. The minimum connection to initiate a billable call is 0.48 seconds. ii. Toll-free Services: (1) Inbound: End-to-end connectivity from a caller's originating switching equipment in North America to the point where Bell's service physically connects to the switching equipment servicing the Customer's called party. (2) Message Duration Billable Parameters: The minimum billable call duration is 30 seconds and each call is billed in 6 second increments thereafter. The minimum connection to initiate a billable call is 0.48 seconds. iii. Teleconferencing Services: This service allows multiple users to hold a conference utilizing an audio bridge by accessing teleconferencing Ports connected to the bridge. A conference originator must Long Distance and Teleconferencing Services Schedule Version 1.9pnba Page 1 of 4 October 4, 2017 29 DocuSign Envelope ID: 4B110562-CFC4-4819-A559-71BF4095F046 EWIAIiant Master Agreement Number: CN -0807-8441 Services Schedule Number: CN -1802-61171 establish a call and obtain the calling parameters. Teleconferencing Services include Port access and optionally Toll-free Service. There are three types of Teleconferencing Services: (1) Operator -Assisted Service: Reservations are made through a conference operator. Upon request of the conference originator, the conference operator establishes the call and will provide assistance upon request during the meeting. The conference originator is responsible for all Fees incurred during the conference call. (2) Reservationless ("RLS") Service: Once a Passcode is established, port access is available 24 hours per day and 7 days per week. No reservations are required. The conference originator is responsible for all the participants' Teleconferencing Services Fees, while each conference participant is responsible for their own Long Distance Services Fees. Alternatively, a Toll Free Services number can be provided and all Fees assigned to the conference originator. iv. Web Conference Services: Bell's Web Conference Services is powered by WebEx and is a conferencing solution that connects participants by use of their computer to join online meetings, training, and events. The attendees are able to deliver a presentation, edit files, and collaborate on whiteboard. 3. FEES a. Fees Schedule: L The Customer shall pay to Bell fees for the Services (the "Fees") on a monthly and/or one time basis, as set out in Tables 2 and 3. ii. Fees listed in this Services Schedule are exclusive of Sales and Use Taxes, as defined in the MSA, or Taxes, as defined in the MCA, whichever is applicable. iii. The service components which are billed at the Business Savings Plan service rates and charges, shall receive, where applicable, the monthly volume term discounts available under Business Savings Plan service. b. Service Types: The Customer subscribes to the Services as specified in Table 1. Table 1 Table 2 Business Savings Plans Description Subscriber To Long Distance Service Yes Toll-free Service Yes Long Distance Rates Description Rate per Minute Per call Surcharge North American Intra- Provincial (outbound and toll free calls originating $0.014 not applicable ("N/A") and terminating in New Brunswick) New Brunswick to Canada Outbound and Inbound toll $0.018 N/A free calls New Brunswick to Continental United States outbound $0.018 N/A and Inbound toll free (excluding calling card calls) Intra- Provincial (originating and terminating in New $0.014 $0.00 Brunswick) automated calling card calls Remainder of North American automated calling card calls (excluding US -to -US calls) through use of North $0.018 $0.00 American Dial Around Number (1-800-555-1111) North American operator handled calling card calls Business Savings Plan Business Savings Plan US -to -US automated calling card calls through use of the North American Dial Around Number (1-800-555- $0.50 $1.00 1111) Overseas Long Distance and Teleconferencing Services Schedule Version 1.9pnba Page 2 of 4 October 4, 2017 30 DocuSign Envelope ID: 4B110562-CFC4-4819-A559-71BF4095F046 EWIAliant Master Agreement Number: CN -0807-8441 Services Schedule Number: CN -1802-61171 Overseas outbound direct -dialed toll calls (excluding 49% discount from N/A calling card calls) terminating on a landline phone Business Savings Plan Service Fee Overseas outbound direct -dialed toll calls (excluding 49% discount from N/A calling card calls) terminating on a mobile phone Business Savings Plan Service Fee Toll Free Reservationless (includes Toll Free charges — Canada and USA) Toll -Free N/A International toll-free calls International/Global N/A Web Conferencing Service Service Fee Overseas calling card calls Business Savings Plan Business Savings Plan Table 3 Teleconferencing Rates Description Rate per Minute Surcharge per Call Premiere (Operator Assisted) Conferencing Rate (per minute/ per port) Service Fee Premiere Operator Assisted $0.15 + regular long distance not applicable ("N/A") Reservationless Voice Conferencing Rate (per minute / per port) Service Fee Toll Free Reservationless (includes Toll Free charges — Canada and USA) $0.04 N/A Instant Playback $0.20 N/A Web Conferencing Rate (per minute / per port) Service Fee Meeting Center 1000 $0.21 N/A c. Minimum Commitment: L The Customer agrees to use Business Savings Plan service to attain the following Minimum Annual Usage Commitment (the "MAUC") during each year of the Service Term as follows: (1) 91,100 minutes. ii. The MAUC includes combined toll-free and outbound toll minutes. iii. If the MAUC is not achieved during any year of the Initial Service Period, Bell shall bill the Customer for the shortfall in annual minutes at the rate of $0.014 per minute. iv. The MAUC may only be met by minutes, which qualify under this Services Schedule. The eligible Business Savings Plan service minutes include those set out in table 1. d. The Customer understands, acknowledges that, in exchange for receipt of the rates provided under this Services Schedule, Customer hereby agrees that Bell shall be the sole supplier to the Customer of any additional services which are the same or substantially similar to the Services provided under this Service Schedule ("Similar Services"), and Customer agrees to procure all Similar Services it requires from Bell during the Service Term. Bell and the Customer acknowledge and agree that the Customer is a "Government Funded Body" as that term is defined in the Master Communications Agreement between Bell and Service New Brunswick (the 'SNB"), dated July I 1, 2017 as amended (the "PNB Agreement") and that as a Government Funded Body the Customer is entitled to receive the Services at the prices payable by SNB under the PNB Agreement. The Customer acknowledges and agrees that the prices for the Services set out in this Section 3 are being provided to the Customer pursuant to, and in accordance with, the PNB Agreement. If the prices of the Services provided to SNB under the PNB Agreement are modified during the Service Term, the price of the Services offered to the Customer will be changed to align with the PNB Agreement within 90 days of such change for SNB. The Customer acknowledges that a written amendment to this Services Schedule is not required to change the prices in such circumstances. The Customer further acknowledges and agrees that if the Customer ceases to be a Government Funded Body, or the PNB Agreement is terminated, or expires, the prices set out in this Section 3 may be modified by Bell in its discretion upon notice to the Customer. For clarity, the parties agree that only the prices for the Services as set out in this Section 3 will be provided in accordance with the PNB Agreement and that all other terms and conditions relating to the provision of Services are otherwise governed by, and will be provided in accordance with, the terms and conditions of this Schedule and the Agreement. By signing below, Bell and the Customer agree that this Services Schedule is attached to and forms part of the Master Agreement. Long Distance and Teleconferencing Services Schedule Version 1.9pnba Page 3 of 4 October 4, 2017 31 DocuSign Envelope ID: 4B110562-CFC4-4819-A559-71BF4095F046 EWIAIiant City of Saint John MAYOR: NAME: COMMON CLEARK: NAME: I am authorized to bind Customer to the terms and conditions of this Services Schedule. DATE: YYYY-MM-DD Master Agreement Number: CN -0807-8441 Services Schedule Number: CN -1802-61171 Bell Aliant, a division of Bell Canada Docuftned by: �" SIGNATURE: [l a NAME: Glen Gnazdowsky TITLE: Account Executive I am authorized to bind Bell Canada to the terms and conditions of this Services Schedule. DATE: 2018-02-12 YYYY-MM-DD Long Distance and Teleconferencing Services Schedule Version 1.9pnba Page 4 of 4 October 4, 2017 32 COUNCIL REPORT M&C No. 2018-81 Report Date March 20, 2018 Meeting Date March 26, 2018 Service Area Growth and Community Development Services His Worship Mayor Don Darling and Members of Common Council SUBJECT. Council referral - Rezoning and Section 59 Amendment at 241 Bayside Drive and 34 Mount Pleasant Avenue East OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadCity Manager Jennifer Brown Jaqueline Hamilton/Phil Ouellette Jeff Trail RECOMMENDATION That Common Council re-initiate the required public notice for Rezoning and Section 59 amendment applications for 241 Bayside Drive and 34 Mount Pleasant Avenue East and refer the application back to the Planning Advisory Committee for a report and recommendation and schedule a new public hearing for the application for Monday May 7, 2018 at 6:30 p.m. in the Council Chamber. EXECUTIVE SUMMARY As a follow-up to Council's referral on March 12th 2018, staff have hosted engagement with the proponent and the neighbourhood resident who appeared before Council at the public hearing to identify potential measures to mitigate noise from the proposed restaurant associated with the redevelopment of the subject site. The neighbourhood resident reiterated concerns about noise, recommending restrictions to the hours of operation of a future restaurant on the subject site, relocation of the restaurant, and relocation of speaker equipment for the drive through. The resident had additional concerns regarding traffic safety. The proponent further agreed to mitigate potential noise through the installation of screening in the form of trees, shrubs, or a fence between the subject site and the adjacent property. The proponent was not agreeable to the possibility of conditions restricting hours of operation of the future business on the site. 33 Wa Staff further reviewed all public notice undertaken for the file and found an error in the public advertising materials. It is therefore recommended the application by re -advertised and the application process be restarted to ensure compliance with the legislative process under the Community Planning Act. PREVIOUS RESOLUTION On March 12, 2018, Council resolved that the proposed rezoning and section 59 amendment for 34 Mount Pleasant Avenue East and 241 Bayside Drive be referred back to the City Manager to consult with the proponent to explore potential Section 59 conditions on the restaurant that could address the hours of operation and return to Council with a recommendation. REPORT At its March 12, 2018 meeting, Council resolved that the above mentioned application be referred back to Staff and consultation with the proponent be undertaken to consider possible solutions to issues raised by a neighbourhood resident. Staff were instructed to return to Council with a recommendation. Ms. Claire Fairweather of 40 Mount Pleasant Avenue East, appeared at the Public Hearing to voice concerns over the application process and operations of the future business at the site. Ms. Fairweather was in support of the development overall, however concerns about late-night noise from proposed drive-thru facilities were expressed. Ms. Fairweather also expressed concern that the proposed development was not described accurately on the letter received by neighbourhood residents as it omitted explicit reference to the proposed restaurant use. Upon review, staff discovered an error and inconsistencies in the advertising materials. A letter, dated February 9, 2018, circulated to the property owners within 100 metres of the subject site provided notice of the proposed rezoning and amendment to Section 39 (now 59) conditions. However, the Public Notice posted on the City's website beginning February 15, 2018, advertising the rezoning of a portion of the site, did not address the amendment to the Section 59 conditions which would include the rescinding of the previous conditions and any new ones to be imposed for the site development. Staff have engaged with the proponent and area resident following the March 12, 2018 meeting. The proponent expressed their willingness to cooperate with the neighbourhood and intent to engage with property owners within 100 metres of the subject site. In hearing Ms. Fairweather's concerns, the proponent suggested mitigating noise through the installation of trees, shrubs, or fencing. The proponent was not agreeable to hours of operation being restricted at the site. 34 so The proponent has provided additional details with respect to the concept design proposed for the subject site. A preliminary design rendering has been attached to this report. It is notable that the proposed development is a permitted use in the Commercial Corridor (CC) zone and the proposed rezoning facilitates site design only. Existing Section 59 conditions apply only to a portion of the site as the conditions were imposed through a 1988 rezoning which dealt specifically with the site of the former carwash. Staff recommend that the issue of hours of operation, along with possible noise mitigation measures, be reviewed in the Staff Report that will be prepared upon referral of the matter to the Planning Advisory Committee. Staff met with Ms. Fairweather to further understand her concerns about the application and to discuss ideas to mitigate those concerns. Ms. Fairweather's primary concern is with the hours of operation and late-night noise, recommending the proponent be required to close the drive-thru earlier than the dining room. Additionally, it was recommended the proponent move the ordering speaker to the other side of the structure where it would be further from the residential properties or switch the location of the restaurant and convenience store to provide a similar buffering effect. Ms. Fairweather also had concerns about the impact of the development on traffic, specifically with respect to the safety of those entering and exiting the proposed development and the difficulty proposed by the lack of an advanced green for those turning from Mount Pleasant Avenue East onto Bayside Drive. Ms. Fairweather was agreeable to the proponent's suggestion of installing trees, shrubs, or fencing as a way to mitigate noise, recommending the screening be extended to the Mount Pleasant Avenue East frontage to screen the development from residential properties located across the street. Ms. Fairweather was informed that Staff will be recommending to Council that the application process for the proposed development be restarted. She was agreeable with this recommendation and assured Staff the neighbourhood would appreciate an opportunity to engage on the proposal. Due to the error and inconsistencies in the advertising of the rezoning and Section 59 amendment, it is recommended the application be re -advertised to ensure compliance with the legislative requirements set out in the Community Planning Act. This would involve the following steps: • Council direct the re -advertising of the application including both the section 59 amendments and rezoning with additional clarification provided on the development proposal 35 -4 - The application be referred back to the Planning Advisory Committee and a new hearing date be set. This matter will be expedited to ensure a timely decision on the project, and placed on the Agenda for the April meeting of PAC with a Public hearing scheduled for May 7. Staff strive for customer service excellence to both City residents and the development community and regret this unfortunate situation. Weare reviewing our process for public notification and remedial measures are being taken to prevent this from occurring in the future. STRATEGIC ALIGNMENT This 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 and services. SERVICE AND FINANCIAL OUTCOMES Not applicable. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Not applicable. ATTACHMENTS 1. Renderings of the proposed development 36 4 fjrRt � K w ,k 1 ire aid Jt �y f may • �' t � � • - . `'�ilk express 40 i � Jt �•.+�i± it "1+�fs lk express JF COUNCIL REPORT M&C No. 2018-88 Report Date March 21, 2018 Meeting Date March 26, 2018 Service Area Saint John Water His Worship Mayor Don Darling and Members of Council SUBJECT. West Water - Orthophosphate Treatment 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 J. Brent McGovern J. Brent McGovern Jeff Trail RECOMMENDATION That Common Council receive and file this report. Io3ArAIIjI(P/#1111WIM 13➢ The temporary orthophosphate treatment system for west Saint John has been installed and tested and is ready to commence operation once the orthophosphate is delivered to site. Presently, delivery is scheduled for early the week of March 26, 2017 at which time the treatment system will commence operation. The research work with Dalhousie University is ongoing and the results are expected to be available in July 2018. PREVIOUS RESOLUTION RESOLVED that as a result of the copper pipe leakage review completed to date and based upon the opportunity to stabilize copper pipe scale, your City Manager is recommending that Council direct staff to undertake the following actions: • Over approximately the next month install a temporary orthophosphate treatment system at the South Bay Water Treatment Facility (formerly the Spruce Lake Water Treatment Facility) to assist in stabilizing the existing scale formation on copper pipes. • Report back to Council within approximately 5 months once research is completed and results available. 39 IRAN STRATEGIC ALIGNMENT This report aligns with Council's Priority for Valued Service Delivery by investing in sustainable City services and municipal infrastructure. REPORT The purpose of this report is to provide an update on the status of commissioning of the temporary orthophosphate treatment system at the South Bay Water Treatment Facility (formerly the Spruce Lake Water Treatment Facility) as well as the research work that is ongoing at Dalhousie University. As noted in M&C No. 2018-50 orthophosphates are commonly used in water treatment for copper corrosion or scale stabilization control. The use of them is well established in literature and in practice. Orthophosphates purpose is to act as an inhibitor to slow the breakdown of scale and stabilize existing pipe materials by forming protective coating of insoluble mineral scale on the inside of service lines and household plumbing. Since Council provided direction to proceed with implementation of the orthophosphate on the west system on February 20, 2018, Saint John Water has remained focused on completing the work necessary to commence orthophosphate treatment of the west water at the South Bay Water Treatment Facility. Engineering design, mechanical work, electrical work, programming and staff training have all been completed. In addition, the system has been commissioned and tested. Saint John Water simply awaits the delivery of the orthophosphate to the treatment facility which is being delayed a few days due to the winter storm on March 22nd, 2018. Considering this the scheduled delivery date is now the week of March 26, 2018. Once the delivery is completed staff will proceed to commission the orthophosphate treatment system. With respect to the research work at Dalhousie University, the work is ongoing and the results are expected to be available in July 2018. Initial results may be available as early as April/May, however conclusions cannot be drawn from these as results can vary early on in the testing. It is only after all of the testing is completed that we will be able to assess the results. Communication A West Water News brochure in both official languages was circulated to all west side properties in early March which included information on orthophosphate. In addition there is also information relating to orthophosphate on the City's west water webpage which is located at www.saintiohn.ca/westsidewater all -3 - SERVICE AND FINANCIAL OUTCOMES The cost to design, implement and operate the temporary system for the remainder of 2018 is approximately $138,000 which is being managed within the existing 2018 Water and Sewerage operating budget. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Both the Department of Health and the Department of Environment and Local Government have provided support in proceeding with the treatment of west water with orthophosphate. ATTACHMENTS n/a 41 COMMON COUNCIL REPORT Report Date March 12, 2018 Meeting Date March 15, 2018 Service Area Growth and Community Development Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: 2018 Mandate Letters for Develop SJ and Enterprise Saint John OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Phil Ouellette Jacqueline Hamilton I Jeff Trail RECOMMENDATION Common Council adopt the 2018 mandate letters for Develop Saint John and Enterprise Saint John and submit them to the two agencies. REPORT Growth Committee provided feedback to staff in December 2017 on the potential content of the 2018 mandate letters for Develop Saint John and Enterprise Saint John, and since that time, staff have connected with leadership from the two organizations to collaborate on mandate letter content. Mandate letters were drafted collaboratively with the City's economic development partners in order to build mutual understanding of expectations, capacity and growth outcomes. Leadership from Develop SJ and Enterprise Saint John have shared their comfort and support with the attached drafts of the mandate letter. These letters were shared with the Growth Committee on March 15th, 2018, and Committee Members endorsed the letters for Common Council's consideration. Attachments: Develop SJ 2018 Mandate Letter Enterprise Saint John 2018 Mandate Letter 42 Mayor Don Darling Mayor's Office Bureau du maire March 15, 2018 Ron Gaudet Enterprise Saint John 40 King Street Saint John, NB E2L 1G3 Dear Mr, Gaudet: Saint John is a vibrant city where its residents benefit from the quality of professional growth and the beauty of its landscape. Being the only city perched on the banks of the Bay of Fundy, Saint John offers world-class views, complemented by the stunning architecture in an uptown historic district that boasts a residential density and vibrancy characteristic of a community 10 times its size. In addition to being known for its friendliness, Saint John is also known for its uncompromising civic pride. The love for the City is expressed in the community's common reference to the City's ongoing "growth". For years, the general sentiment has been "we can do betted'. While Saint John continues to pride itself on its distinct setting and culture, it also faces a financially challenging climate, which requires the entire community to work together to achieve a more sustainable financial outlook and uphold its reputation as an exceptional place to live, work, and play. To this end, Saint John Common Council established a set of priorities that will govern its mandate until 2020. The priorities endeavor to create more sustainability in the community by focusing on creating growth and prosperity, a vibrant and safe city, valued service delivery and fiscal responsibility. Among a variety of outcomes and targets, these priorities identify the importance of offering a strong quality of life for its residents, all while becoming more efficient and productive in the delivery of municipal services and strategically pursuing an ambitious new growth agenda for the entire community. The City of Saint John has now entrenched a culture of continuous improvement within its operations, which empowers all employees to identify new efficiencies and solutions. From budget reductions, to pursuing ambitious new continuous improvement initiatives, asset management planning, long-term financial planning and other cost-saving efforts, the City is 91-�' SAINT iOUN P.O Box 1971 5ai:4t1o#u1, N9 Canaria ESL 40 ! 1 C,P 1971 '_Sint M maximizing its ability to achieve enhanced service delivery with fewer resources. In addition to becoming a leaner organization, the City, along with its partners, must also grow the Saint John economy to keep pace with growing costs and inflation. Council is committed to helping generate new growth specifically in the areas of employment, population and tax base. The City adopted the Roadmap for Smart Growth in 2017 which set -out an ambitious new course for our community's ability to achieve new levels of growth. In 2018, the City is expected to adopt a new Population Growth Framework as well as a new Neighborhood Plan for the Central Peninsula, both of which will generate new levels of coordination and enthusiasm of various City and community -led initiatives. The supports from Develop SJ in the delivery of tax base growth and Enterprise Saint John in the delivery of employment growth are critical for the City to be able to achieve positive growth results, and generate a stronger value proposition for our community. It is important for the numerous agencies, boards and commissions linked to the City of Saint John to align its efforts with the broader community needs and those established by Common Council. Before entering into specific expectations for ESJ, the City acknowledges the importance of ESJ's mandate to support regional collaboration and prosperity between five communities who have forged a voluntary partnership to achieve new growth outcomes. The City has specific expectations with the work of Enterprise Saint John in 2018, and looks forward to working in partnership with ESJ in achieving these goals, including: • The focused community outcome that is associated to the City of Saint John's investment into ESJ is employment growth. • Enterprise Saint John will be invited to present to the Growth Committee towards 2018 year-end with a report on their ability to achieve annual targets and clarification on how their efforts yielded direct and tangible employment growth for the Saint John community. • Actively participate in the economic targeting exercise and produce ambitious new employment targets for the Saint John community for 2018 to 2023. • Produce a detailed work plan to accompany the 2018-2023 employment targets and present to the Growth Committee in 2018. • Once the City finalizes details of its value proposition development exercise, Enterprise Saint John will be expected to align with the value proposition and integrate it within their marketing to their specific targets audiences. • Enterprise Saint John is expected to align with the terms and spirit of Council Priorities 2016-2020, the Roadmap for Smart Growth as well as the City's Municipal Plan. • As per the terms of PlanSJ, the City will look to Enterprise Saint John to help achieve its growth targets within the geographic boundaries of the City's intensification zones as well as within the Primary Development Area Working with local, provincial and federal partners, Enterprise Saint John is expected to generate more reliable labor market data on projected workforce needs in Saint John for the coming five to ten years. In order for the City of Saint John to maximize its ability to achieve its growth potential, Common Council is requesting ongoing synergy and cooperation between Enterprise Saint John, DevelopSJ and the City's Growth and Community Development team. The City is encouraged by the employment targets established by ESJ's Board of Directors, including the creation of 25 new start-ups as well as 845 new and retained jobs, and the City will invite ESJ to present year-end actuals on these targets. The City looks forward to working with ESJ to help achieve the common goals established by Council that will help move the community forward toward a positive growth scenario and more fiscal sustainability. The below signatures indicate the City of Saint John's and Enterprise Saint John's agreement with the content and the corresponding expectations of this 2018 mandate letter. Mayor Don Darling City of Saint John 45 # P". tea.,-X� AoK Gaudet Enterprise Saint John a The City of Saint John Mayor Don Darling Mayor's Office Bureau du maire March 15, 2018 Steve Carson Develop SJ One Market Square, Suite 301 Saint John, NB E2L 4Z6 Dear Mr. Carson: Saint John is a vibrant city where its residents benefit from the quality of professional growth and the beauty of its landscape. Being the only city perched on the banks of the Bay of Fundy, Saint John offers world-class views, complemented by the stunning architecture in an uptown historic district that boasts a residential density and vibrancy characteristic of a community 10 times its size. In addition to being known for its friendliness, Saint John is also known for its uncompromising civic pride. The love for the City is expressed in the community's common reference to the City's ongoing "growth." For years, the general sentiment has been "we can do better". While Saint John continues to pride itself on its distinct setting and culture, it also faces a financially challenging climate, which requires the entire community to work together to achieve a more sustainable financial outlook and uphold its reputation as an exceptional place to live, work, and play. To this end, Saint John Common Council established a set of priorities that will govern its mandate until 2020. The priorities endeavor to create more sustainability in the community by focusing on creating growth and prosperity, a vibrant and safe city, valued service delivery and fiscal responsibility. Among a variety of outcomes and targets, these priorities identify the importance of offering a strong quality of life for its residents, all while becoming more efficient and productive in the delivery of municipal services and strategically pursuing an ambitious new growth agenda for the entire community. The City of Saint John has now entrenched a culture of continuous improvement within its operations, which empowers all employees to identify new efficiencies and solutions. From budget reductions, to pursuing ambitious new continuous improvement initiatives, asset management planning, long-term financial planning and other cost-saving efforts, the City is P.O. Box 1971 Saint john, NB Canada. L2L 40 1 www.sahgohn.ca I C,R 1971 -akinl )s M. maximizing its ability to achieve enhanced service delivery with fewer resources. In addition to becoming a leaner organization, the City, along with its partners, must also grow the Saint John economy to keep pace with growing costs and inflation. Council is committed to helping generate new growth specifically in the areas of employment, population and tax base. The City adopted the Roadmap for Smart Growth in 2017 which set -out an ambitious new course for our community's ability to achieve new levels of growth. In 2018, the City is expected to adopt a new Population Growth Framework as well as a new Neighborhood Plan for the Central Peninsula, both of which will generate new levels of coordination and enthusiasm of various City and community -led initiatives. The supports from Develop SJ in the delivery of tax base growth and Enterprise Saint John in the delivery of employment growth are critical for the City to be able to achieve positive growth results, and generate a stronger value proposition for our community. It is important for the numerous agencies, boards and commissions linked to the City of Saint John to align its efforts with the broader community needs and those established by Common Council. The City has specific expectations associated with the work of DevelopSJ in 2018, and looks forward to working in partnership with DevelopSJ in achieving these goals, including: • The focused community outcome that is associated to the City of Saint John's investment into DevelopSJ is tax base growth within the City of Saint John. • DevelopSJ will be invited to present to the Growth Committee towards 2018 year-end with a report on their ability to achieve annual targets and clarification on how their efforts yielded direct and tangible tax base growth for the Saint John community. • Actively participate in the economic targeting exercise and produce ambitious new tax base targets for the Saint John community for 2018 to 2023. • Produce a work plan to accompany the 2018-2023 tax base targets and present to the Growth Committee in 2018. • Once the City finalizes details of its value proposition development exercise, DevelopSJ will be expected to align with the value proposition and integrate it within their marketing to their specific targets audiences. • DevelopSJ is expected to align with the terms and spirit of Council Priorities 2016-2020 and the Roadmap for Smart Growth as well as the City's Municipal Plan. • As per the terms of Plan SJ, the City will look to DevelopSJ to help achieve its development targets within the geographic boundaries of the City's intensification zones as well as within the Primary Development Area. In addition, Develop Saint John may bring strategic real estate opportunities forward that make business sense for the City and drive tax base growth. • In order for the City of Saint John to maximize its ability to achieve its growth potential, Common Council is requesting ongoing synergy and cooperation between Enterprise Saint John, DevelopSJ and the City's Growth and Community Development team. • DevelopSJ will support the City of Saint John in achieving the short-term development objectives set -out in the Neighborhood Plan for the Central Peninsula. 47 We look forward to working with you to help achieve the common goals established by Council that will help move the community forward toward a positive growth scenario and more fiscal sustainability. The below signatures indicate the City of Saint John's and Develop SJ's agreement with the content and the corresponding expectations of this 2018 mandate letter. Mayor Don Darling City of Saint John 29 St e Carson Develop SJ The City of saint john PROCLAMATION WHEREAS: Child Abuse Prevention Month began in 1983 to raise awareness of the alarming rates at which children were being abused and neglected; and WHEREAS: Every child deserves to grow up in a healthy, safe and nurturing environment; and WHEREAS: Child abuse continues to be one of our nation's most serious health problems. Studies have shown child abuse and neglect causes psychological, emotional and physical harm which can create lifelong problems for victims of abuse; and WHEREAS: Child abuse and neglect impacts our entire society and our society's future; and WHEREAS: Child abuse prevention is a community responsibility and finding solutions depends on the involvement of all people; and WHEREAS: This month, we emphasize the importance of understanding the devastating problem of child abuse and neglect and commit to learn more about the behavioural and physical signs of possible abuse. NOW THEREFORE: I, Mayor Don Darling, of Saint John, do hereby proclaim the month of April 2018 to be Child Abuse and Neglect Prevention Month in the City of Saint John and urge all citizens to work together to help reduce child abuse and neglect significantly in years to come. In witness whereof I have set my hand and affixed the official seal of the Mayor of the City of Saint John. wo r7�'-'� 1 The City of Saint john PROCLAMATION WHEREAS: Purple Day is a global effort dedicated to promoting epilepsy awareness in countries around the world; and WHEREAS: Purple Day was founded in 2008 by Cassidy Megan, a nine-year-old girl from Nova Scotia, who wanted people to know that if you have epilepsy, you are not alone; and WHEREAS: epilepsy is one of the most common neurological conditions, estimated to affect more than 50 million people worldwide, and more than 300,000 people in Canada; and WHEREAS: the public is seizure types, first aid; and often unable recognize the common or how to respond with appropriate WHEREAS: Purple Day will be celebrated on March 26 annually to increase understanding, reduce stigma and improve the quality of life for people with epilepsy throughout the country and globally. NOW THEREFORE: I, Mayor Don Darling, of Saint John do hereby proclaim March 26, 2018 as Purple Day in the City of Saint John in an effort to raise epilepsy awareness everywhere. In witness whereof I have set my hand and affixed the official seal of the Mayor of the City of Saint John. 50 COUNCIL REPORT M&C No. 2018-76 Report Date March 19, 2018 Meeting Date March 26, 2018 Service Area Saint John Water His Worship Mayor Don Darling and Members of Council SUBJECT. PROPOSED WATER & SEWER BY-LAW AMENDMENT OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadCity Manager J. Brent McGovern and Melanie Tompkins J. Brent McGovern Jeff Trail RECOMMENDATION It is recommended that Common Council give First and Second reading to the amendment to the Water and Sewerage By-law, By-law No. M-16, attached to this M&C No. 2018-76. I�:T��►j�PI�1►I►TIuI_T:i'I The proposed amendment to the Water and Sewerage By-law encompasses, amongst other things, housekeeping items, such as changes to the definition of Commissioner to reflect the current corporate governance, the repeal of a provision that was creating inequity and was not within the city's authority and the creation of new provisions aimed at improving the allocation of water costs among ratepayers — a Council Priority. The Amendment is also intended to improve By-law enforcement, through the creation of a new offence and the increase of the fine for violations of the by-law. The purpose of this report is to submit for Council's consideration the above described amendment to the Water and Sewerage By-law, and to request that Council give First and Second reading to the said amendment. PREVIOUS RESOLUTION On March 13, 2018 the Finance Committee "RESOLVED that the Finance Committee recommend that Common Council give First and Second reading to 51 the amendment to the Water and Sewerage By-law, By-law No. M-16, attached to this report dated March 6, 2018." STRATEGIC ALIGNMENT This report aligns with Council's Priority for Fiscal Responsibility, specifically as it relates to "investigating options to allocate water costs among ratepayers". REPORT BACKGROUND (CURRENT AND PAST PRACTICE) Presently, subsection 47(3) of the Water and Sewerage By-law states: "47(3) Whenever the water has been turned off from any premises for six consecutive months, and the building is vacant and unused for domestic or commercial purposes, no further bills for water and sewerage services shall be rendered to the owner for the building for any monthly or bi- monthly period after the expiration of this six-month period for as long as the building remains vacant and unused or until the water is turned on again, except for the base charge for metered service, if any." The practice has been to halt any charges to customers after the water has been turned off for a period of six months, provided the building has been vacant and unused for domestic or commercial purposes. REASONS TO AMEND THE BY-LAW After researching the reasoning behind Section 47(3) of the By-law, it was identified that it was intended to serve as a disincentive for "snow birds", those customers who travel south in the winter months, who may wish to terminate their water and sewerage services for the period during which they are away from their home. However, the practice of charging the full flat rate amount for water and sewerage services to a customer for a period of six months after the service has been disconnected, does not align with the user -charge principle of utility rates under the Local Governance Act. Legal advice was received in the past that there is no authority to support such an approach and that the practice should be brought to an end. Similarly the practice of not charging any water and sewerage rates to a customer after a six consecutive month period of disconnection, as long as the building remains vacant and unused, also lacks fairness and equity as it does not fully allocate water costs among ratepayers. In other words, there is a cost to 52 am having the service to a building, which is not being recovered once the rates stop being collected. The Province recognized the need for a utility, if it is to produce an annually balanced budget, to recover the cost of having services available to buildings on lands by which a service runs. In this respect, the province enacted a provision in the Local Governance Act (and previously in the Municipalities Act) which gives authority to a municipal utility to make a charge to the owner of a building standing on lands by which a service runs, if that owner refuses to connect to the service. Under this authority, the City introduced Subsection 5(2) to the Water and Sewerage By -Law some time ago, which aims to allocate water costs among ratepayers. In the simplest of terms, section 5(2) states that for homes that are not connected to the water system or sewer system, the owner is to pay a rate equal to what the water or sewer service charge (or both) would be if the owner had connected to the service. To bring about fairness and equity and to more appropriately allocate water and sewer costs among ratepayers, the attached amendment repeals subsection 47(3) and introduces a new section 48 which ensures that all water and sewer customers whose water and/or sewer services have been disconnected, or owners whose buildings are vacant and unused or made uninhabitable because of fire, a basic water/sewer service charge, which represents the cost of having the service available, but does not include the water consumption portion of the rate. OTHER Years ago, Council established an Appeals Committee under section 48 of the By - Law, whose mandate was, pursuant to subsection 48(4) of the by-law, to "relieve the owner of any property either in whole or in part, from the payment of any water or sewer service rate imposed under" the by-law if it was established that such owner was "in indigent circumstances". The creation of this Committee and its mandate were legally reviewed, and the City Solicitor concluded that there was no authority in the then Municipalities Act to create such a Committee and give it the stated mandate. This was so because the very existence of the Committee and its mandate went against the user -charge principle clearly articulated in the act. Following this legal advice, the Committee was disbanded, but section 48 of the By -Law was never actually repealed. The attached amendment repeals section 48, and replaces it with a new section 48, which addresses the equity amongst rate payers described earlier in this report. The attached amendment also creates a new offense for turning a valve back on when Saint John Water has turned it off. The amendment also increases the fine for violating the by-law and provides for a administrative penalty payment 53 -4 - scheme, whereby an owner charged under the by-law is required to make a mandatory payment of a smaller amount ($1,500). If the owner does so, he/she is not liable to prosecution. If the owner does not comply with the administrative penalty requirement, and he/she is found guilty of an offence under the by-law, the fine amount upon conviction is $2,100 ($600 higher). The attached amendment also increases the cost stipulated in the by-law for testing water meters, to reflect the actual cost to the utility to provide this service, and to ensure that the utility is able to produce an annually balanced budget, as mandated in the Local Governance Act. Note that if the meter is found to be outside of required tolerances the cost of testing is reimbursed. Finally, the amendment changes the definition of "Commissioner" to reflect the current corporate governance structure, such that the Commissioner is no longer the Chief City Engineer, but rather the "Commissioner of Saint John Water". [its] AA 1► to] ►1MITI IIQ01 Letters will be sent to the owners of properties that have been vacant and unused for domestic or commercial purposes to advise them of the by-law change in advance of issuing invoices. There are approximately 177 properties that would be impacted by this change. SERVICE AND FINANCIAL OUTCOMES In the 2018 Budget $85k was included as additional revenue due to anticipated By-law change. The $85k additional revenue was forecasted as a result of an inventory of approximately 177 properties that would be impacted by the By-law changes. Assuming that the 177 properties generate an approximate revenue of $480.30/property results in an additional $85,013.10 in revenue. However, it should be noted that there could be a higher than typical delinquency rate, particularly if the buildings are slated for demolition. While the delinquency rate could be higher than typical, the Utility should continue to still collect on the outstanding balance with the exception of cases where a property is auctioned for property tax sale. The number of water meters tested annually is approximately 7 and therefore the total increase in revenue associated with the increased water meter testing fee is approximately $1,400 per year. 54 -5 - INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Both the Finance and Legal Departments were involved in the development of the by-law amendment and the amendment itself was drafted by legal. Growth and Community Development were also consulted as well as Communications. ATTACHMENTS BY-LAW NO. M-16 A LAW TO AMEND A BY-LAW RESPECTING WATER AND SEWERAGE 55 BY-LAW NO. M-16 A LAW TO AMEND A BY-LAW RESPECTING WATER AND SEWERAGE ARRETE NO M-16 ARRRTE MODIFIANT L'ARRETE CONCERNANT LE RESEAU WEAU ET D'EGOUTS Be it enacted by the Common Council of Lors d'une reunion du conseil municipal, The City of Saint John as follows: The City of Saint John a decrete ce qui suit : A By-law of The City of Saint John entitled "A By-law Respecting Water and Sewerage", enacted on the 7th day of June, A.D. 2004, is hereby amended as follows: 1. Section 1 is amended by repealing the definition of "Commissioner" and replacing it with the following: "Commissioner means the Commissioner of Saint John Water or any person authorized by him/her to act on his/her behalf. (commissaire)" Par les presentes, 1'arret6 de The City of Saint John intitule « Arrete concernant les r6seaux d'eau et d'6gouts », decrete le 7 juin 2004, est modifie comme suit: 1. L'article 1 est modifie par 1'abrogation de la definition de "commissaire" et son remplacement par ce qui suit: "Commissaire" Commissaire de Saint John Water ou toute personne autoris6e par celui/celle-ci a agir en son nom. (Commissioner)" 2. Subsection 34(1) is amended by deleting 2. Le paragraphe 34(1) est modifie par la "$25.00" and replacing it with "$225.00". suppression de "25,00$" et son remplacement par "225,00$". 3. Section 46 is amended by adding the following: 3. L'article 46 est modifie par 1'adjonction de ce qui suit: "46(3) A customer whose water service has been discontinued pursuant to subsection 46(1), section 42, subsection 44(4) or for any other reason, shall not operate city valves or take any other action in relation to the City's water system to reinstate the water service." 4. Subsection 47(3) is repealed. "46(3) Un abonne dont le service d'eau a et6 interrompu en vertu du paragraphe 46(1), de Particle 42, du paragraphe 44(4) on pour toute autre raison, n'operera pas les valves d'eau de la ville ni ne fera tout autre chose envers le systeme d'eau de la ville afin de retablir le service d'eau. 4. Le paragraphe 47(3) est abroge. 5. Section 48 is repealed and replaced with the 5. L'article 48 est abroge et remplace par ce qui following: suit: "48(1) Where, in the case of metered customers, (a) the water service has been discontinued pursuant to section 42, subsection 44(4) or subsection 46(1) for a period of at least 72 hours, or (b) the water has been turned off at the request of the owner for a period of at least 72 "48(1) Lorsque, en ce qui a trait aux usagers munis d'un compteur, 56 (a) le service d'eau a 6t6 interrompu en vertu de Particle 42, du paragraph 44(4) on du paragraphe 46(1) pour une p6riode minimale de 72 hours, ou (b) 1'alimentation en eau a ete interrompue a la hours, or (c) a serviced building is vacant and unused for domestic, commercial or industrial purposes; or (d) fire has made a serviced building uninhabitable, the owner shall, upon the expiry of the 72 hour period described in paragraphs (a) or (b) or upon the building becoming vacant or uninhabitable, pay a monthly water rate equal to the water service charge based on the size of the appropriate meter, as set out in Schedule `B". 48(2) Where, in the case of flat rate customers, (a) the water service has been discontinued pursuant to section 42, subsection 44(4) or subsection 46(1) for a period of at least 72 hours, or (b) the water has been turned off at the request of the owner for a period of at least 72 hours, or (c) a serviced building is vacant and unused for domestic, commercial or industrial purposes; or (d) fire has made a serviced building uninhabitable, the owner shall, upon the expiry of the 72 hour period described in paragraphs (a) or (b) or upon the building becoming vacant or uninhabitable, pay a monthly water rate equal to what the water service charge would be if the flat rate customer was metered, based on the size of the appropriate meter, as set out in Schedule `B". 48(3) Where, (a) the sewer service has been discontinued demande de l'usager pour une p6riode minimale de 72 heures, ou (c) le batiment recevant 1'alimentation en eau est demeur6 vacant et non-utilis6 a des fins domestiques, commerciales ou industrielles, ou (d) le batiment est inhabitable en raison d'un feu, le propri6taire doit, des 1'expiration de la p6riode de 72 heures d6crite aux alin6as (a) ou (b) ou des que le batiment est vacant ou inhabitable, payer des frais mensuels 6quivalant au tarif des services d'eau bash sur la dimension du compteur appropri6, tel qu'6nonc6 a 1'annexe "B". 48(2) Lorsque, en ce qui a trait aux usagers a tarif forf6taire, (a) le service d'eau a &6 interrompu en vertu de Particle 42, du paragraphe 44(4) ou du paragraphe 46(1) pour une p6riode minimale de 72 heures, ou (b) 1'alimentation en eau a &6 interrompue a la demande de l'usager pour une p6riode minimale de 72 heures, ou (c) le batiment recevant 1'alimentation en eau est demeur& vacant et non-utilis6 a des fins domestiques, commerciales our industrielles, ou (d) le batiment est inhabitable en raison d'un feu, le propri6taire doit, des 1'expiration de la p6riode de 72 heures d6crite aux alin&as (a) ou (b) ou des que le batiment est vacant ou inhabitable, payer des frais mensuels 6quivalant au tarif des services d'eau bash sur la dimension du compteur appropri6 que 1'usager paierait s'il 6tait muni d'un compteur, tel qu'6nonc6 a 1'annexe "B". 48(3) Lorsque, 57 (a) le service d'&gouts a &6 interrompu en pursuant to section 42 or section 46(1) for a period of at least 72 hours, or (b) a serviced building is vacant and unused for domestic, commercial or industrial purposes; or (c) fire has made a serviced building uninhabitable, the owner shall, upon the expiry of the 72 hour period described at paragraph (a) or upon the building becoming vacant or uninhabitable, pay a monthly sewer rate equal to the applicable water service charge in paragraph (1) or (2), multiplied by the percentage set out in Schedule C""• vertu de Particle 42 on du paragraphe 46(1) pour une p6riode minimale de 72 heures, ou (b) le batiment recevant le service d'6gouts est demeur6 vacant et non-utilis6 a des fins domestiques, commerciales ou industrielles, on (c) le batiment est inhabitable en raison d'un feu, le propri6taire doit, des 1'expiration de la p6riode de 72 heures d6crite a Falin6a (a) on des que le batiment est vacant ou inhabitable, payer des frais d'6gouts mensuels &quivalant au tarif des services d'eau 6nonc6 au paragraphes (1) ou (2), multipli6 par le pourcentage identifi6 a Fannexe "C"". 7. Section 50 is repealed and replaced with the 7. L'article 50 est abrog6 et remplac6 par ce qui following: suit : "50(1) A person who violates any provision of this « 50(1) Quiconque contrevient a une disposition by-law is liable upon conviction to a fine of du pr&sent arrW commet une infraction et est $2,100.00. passible, sur d6claration de culpabilit6, d'une amende de 2100,00$. 50(2) A person who violates any provision of this by-law shall, within 20 business days after receiving the penalty notice from the city's By -Law Enforcement Officer, pay an administrative penalty of $1,500.00 at the Payment Center, City Hall, 15 Market Square, Saint John, NB, Monday to Friday between the hours of 8:30 am and 4:30 pm. 50(3) A person who violates a provision of this by- law and pays the administrative penalty pursuant to paragraph (2) is not liable to be prosecuted for said violation. " 50(2) Quiconque contrevient a une disposition du pr6sent arrW doit, dans les 20 jours ouvrables suivant la r6ception de Favis de p6nalit6 6mis par Fagent charg6 de 1'ex6cution des arr6t6s de la ville, acquitter une p6nalit6 administrative de 1500,00$ au bureau de perception a 1'H6tel de ville, au 15 Market Square, Saint John, N. -B., du lundi au vendredi, de 8h30 a 16h30. 50(3) Quiconque contrevient a une disposition du pr6sent arr&6 et acquitte la p6nalit6 administrative tel que pr6vu au paragraphe (2) nest passible d'aucune poursuite a cet &gard. » 9.1 IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by-law the day of , A.D. 2018 signed by: EN FOI DE QUOI, The City of Saint John a fait apposer son sceau municipal sur le present arrete le 2018, avec les signatures suivantes : Mayor /Maire Common Clerk/greffier communal First Reading - Premiere lecture Second Reading - Deuxieme lecture Third Reading - Troisieme lecture 59 Q�T= �i -1 COUNCIL REPORT M&C No. 2018-85 Report Date March 21, 2018 Meeting Date March 26, 2018 Service Area Growth and Community Development Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Plumbing permit fee Rebate program for Installation of Water Softeners OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Amy Poffenroth Jacqueline Hamilton I Jeff Trail RECOMMENDATION Your City Manager recommends that: 1. Common Council give first and second reading to the attached amendment to the Saint John Plumbing By-law; and 2. Common Council direct staff to proceed with the Plumbing Permit Fee Rebate program for the installation of water softeners (and backflow devices as applicable) from September 14, 2017 to December 31, 2019. EXECUTIVE SUMMARY As a result of a Common Council referral on February 12, 2018, staff developed options to provide plumbing permit fee relief to those property owners that have recently installed water softeners at their homes and businesses. Between September 14, 2017 and March 20, 2018, 28 plumbing permits have been issued for the installation of water softeners, with permit fees totaling $2,460 ($85 for residential installations, $105 for commercial installations). Staff is recommending a two-pronged approach - a Plumbing by-law amendment that removes the permit fees for future plumbing permits for water softeners (up to December 31, 2019) and a rebate program for those who have already paid the permit fee since September 14, 2017. Common Council could pass first and second reading of the attached amendment to the Plumbing By-law, with third reading at the next meeting of Council. As required in the Plumbing Installation and Inspection Act, the by-law sa would then be sent to the Minister and the Lieutenant -Governor in Council for their approval. The intent of the Rebate portion of the program is that it would be as convenient and seamless for customers as possible. A rebate cheque would be prepared and mailed to property owners that had water softener permits issued for their property. If Council proceeds with this option, further details and timing for the rebate cheques will be brought back to Council upon third reading of the by-law, as will a communication plan to advise the public of the rebate program. PREVIOUS RESOLUTION February 12, 2018: RESOLVED that agenda item 11.2 Plumbing Permit for West - Side Residential and Commercial Customers be referred to the City Manager to provide recommendations with regard to alleviating the plumbing permit fee as it relates to the installation of water softeners for residential and commercial customers on the west side. STRATEGIC ALIGNMENT This report aligns with the Growth and Prosperity and Valued Service Delivery priorities. REPORT Background The Saint John Plumbing By-law ensures that all work done to a plumbing system in the City conforms to the standards prescribed in the Plumbing Installation and Inspection Act, which includes compliance with the National Plumbing Code and other applicable codes and standards. The By-law requires a plumbing permit be obtained by a licensed plumber for the "construction, extension, alteration, or repair of a Plumbing System as defined in the Act". Once a plumbing permit is issued, the City's plumbing inspector inspects the work to ensure it meets the Codes and standards. The installation of a water softener (also referred to as a water conditioner) is an alteration to a plumbing system and therefore requires a permit. These devices are directly connected to the water distribution system and the drain is connected to the drainage system, so a possibility of cross connection exists. For residential systems, water softeners are considered a minor hazard, so while a backflow device is not required, a non -testable dual check valve would be installed (no permit fee required for this). However, commercial properties require a higher level of protection of the public water supply from 61 am contamination; therefore a backflow device would be required for the water softener. The general plumbing permit fee includes a $65 base processing fee plus $20 per fixture. Therefore, the permit fee to install a residential water softener is $85 (base fee plus 1 fixture); the fee to install a commercial water softener with required backflow device is $105 (base fee plus 2 fixtures). Typically, there are very few water softener permits issued in any given year. The west side water distribution system was transitioned to the new well system on September 14, 2017. Between September 14, 2017 and March 20, 2018, a total of 28 plumbing permits were issued for the installation of water softeners in the City; 24 residential installations and 4 commercial installations (with backflow devices). Of the 28 permits issued, 24 were issued to properties on the west side of the City. Options for Plumbing Permit Fee Rebate There are a few details staff considered when developing options to assist property owners who have recently obtained a plumbing permit for a water softener. First of all, Legal staff provided advice that any by-law amendments or rebate programs should be available to anyone in the City who installed water softeners, not only those living on the west side of the City. Secondly, staff considered whether or not to impose a time limit on a rebate program. The merits of a time limit include assisting property owners during the time when they need it most, limiting confusion about the fact that a permit is still required for water softener installation, and limiting lost permit revenue. With these impacts in mind, the options presented in this report suggest a time limit of December 31, 2019 for any by-law amendments and rebates. By-law Amendment and Rebate Program This recommended option is a two-pronged approach — a by-law amendment for future plumbing permits for water softeners (up until December 31, 2019) and a rebate program for those who have already paid the permit fee. The first part of the program would include an amendment to the Plumbing By- law (attached) that, while a permit must still be obtained for the installation of a water softener (and backflow device where applicable), there would be no fee required to be paid. The fee would be removed until December 31, 2019. After January 1, 2020, the normal permit fee would be required. Common Council could pass such an amendment in two meetings, starting with first and second reading at this meeting of March 26, 2018. Where the Plumbing Installation and Inspection Act requires the Plumbing by-law be approved by the Minister of Justice and Public Safety and the Lieutenant -Governor in Council, the 62 -4 - by -law amendment would not be effective until approved at the Provincial level, which will take at least a month, perhaps longer. The second part of the program rebates the full permit fee to anyone in the City who installed a water softener since September 14, 2017 and up until the by-law amendment becomes effective. While administrative details are currently being worked out, the intent of this rebate program is that it would be as convenient and seamless for customers as possible. A rebate cheque would be automatically prepared and mailed to property owners that had water softener permits issued for their property. If Council proceeds with this option, further details and timing for the rebate cheques will be brought back to Council upon third reading of the by-law, as will a communication plan to advise the public of the rebate program. Alternative Option — Rebate Program only If Council is concerned about the length of time to have a Plumbing by-law amendment approved at the Ministerial level, an alternative would be to implement only a rebate program for a limited time period and not to proceed with the by-law amendment. This program would rebate the full permit fee to anyone who installed a water softener between September 14, 2017 and December 31, 2019. This option is more administratively burdensome, whereas implementing the by- law amendment at the permit intake stage is simpler and additional steps to process rebates would no longer be required. It may also be confusing at the permit intake stage as a fee would be applied at the same time as the rebate, essentially resulting in a zero balance at the counter. Again, administrative details would have to be finalized to make the process change function as seamless as possible. Council may also provide direction to staff to change the December 31, 2019 time limit to shorten or lengthen eligibility for the rebate program, or may wish to eliminate the time limit altogether. SERVICE AND FINANCIAL OUTCOMES Rebating plumbing permit fees for the installation of water softeners will result in a reduction of permit revenues while processing and inspection costs will remain the same. The plumbing permit fee is structured to achieve approximate cost -recovery; it is intended to offset the processing and inspection service costs. While water softener installation permits are typically a minimal part of the plumbing permitting and inspection service, there will be a loss of revenue if the 63 -5 - rebate program is implemented, which will impact the intended cost offset to process and inspect the new installations. For example, rebating the 28 fees for permits issued between September 14, 2017 and March 20, 2018 totals $2,460. It is difficult to predict how many additional water softener permits will be issued during the rebate program time period (until December 31, 2019). If the volume is the same as the last six months, the lost revenue would be approximately $11,000. It is also possible that this number will decrease over the rebate program time period, which means less impact on permit revenue. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The City Solicitor's Office has been consulted throughout the development of the options and has prepared the attached Plumbing By-law Amendment. Growth and Community Development Services has also collaborated with Saint John Water and Finance in developing and evaluating the options. Implementation of the rebate program will require further collaboration with Saint John Water, Finance, Information Technology and Communications. G1i1081:/ul4Pi0 Proposed Amendment to the Saint John Plumbing By-law N BY-LAW NUMBER PI -1 A BY-LAW RESPECTING PLUMBING IN THE CITY OF SAINT JOHN ARRETE No PI -1 ARRETE RELATIF A LA PLOMBERIE DANS THE CITY OF SAINT JOHN Be it enacted by the Common Council of Le conseil communal de The City of Saint The City of Saint John as follows: John edicte : A By -Law of The City of Saint John entitled "Saint John Plumbing By -Law" enacted on the 5h day of August, A.D. 2014, is hereby amended as follows: Par les presentes, Farrete de The City of Saint John intitule "Arrete relatif a la plomberie de Saint John" edicte le 5 aout 2014 est modifie comme suit: 1. Section 2 is amended by adding the following 1. L'article 2 est modifie par Pajout de la definition: definition suivante : "Water Softener" means a unit that is used to soften water, by removing the minerals that cause the water to be hard. 2. Paragraph 5(2)(e) is amended by adding the words "Subject to section 5.1," immediately before the words "A permit fee". adoucisseur d'eau » designe un adoucisseur est une unite qui est employee pour adoucir Peau, en enlevant les mineraux qui rendent Peau dure. 2. Le paragraphe 5(2)(e) est modifie par 1'adjonction des mots « Sous reserve de Particle 5.1 » immediatement avant les mots des frais de permis ». 3. The following section is enacted and added 3. Le paragraphe suivant est edictes et suivent immediately following paragraph 5(2)(g): immediatement le paragraphe 5(2)(g) : 5.1 Neither a permit fee nor a plumbing fixture fee hereunder is payable with respect to the installation or repair of a Water Softener carried out before December 31, 2019. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by-law the day of , A.D. 2018 and signed by: 5.1 Ni les frais de permis ni les droit associe aux appareils sanitaires en vertu des presentes ne sont payables a 1'egard de 1'installation on de la reparation dun adoucisseur d'eau effectuee avant le 31 decembre 2019. EN FOI DE QUOI The City of Saint John a fait apposer son sceau communal sur le present arrete le 2018, avec les signatures suivantes : Mayor/Maire Common Clerk / Greffier communal First Reading - Premiere lecture - Second Reading - Deuxieme lecture - Third Reading - Troisieme lecture - 65 Received Date March 16, 2018 Meeting Date October 26, 2015 Open or Closed Open Session Members of Common Council Councillors: Subject: Saint John Airport's application to the National Trade Corridors Fund (NTCF) Background: The Saint John Airport has applied to the National Trade Corridors Fund (NTCF) for much needed funding to refurbish their aging runways and to install high-intensity and more efficient LED lighting on the runway edges and centreline. They also plan to implement Runway End Safety Areas (RESA's) where possible. In addition to the safety enhancements and improvements to the airport's transportation infrastructure, the economic impact to this project will add 26mm in economic output, 12.5mm to GDP, and 9mm to labour income leading to direct and induced 187 FTE jobs for the city of Saint John. The Saint John Airport has not received any Federal, Provincial, or Municipal funding since it's privatization in 1999 and has been self-sufficient for over 19 years. When the airports were privatized in 1999, it was understood by Transport Canada that the Small NAS airports (of which, Saint John is one of 6) would be unable to sustain such a large piece of infrastructure without eventual Federal assistance. It may interest you to note that the Saint John Airport is the fastest growing airport in Atlantic Canada for 7 months in a row. The Board of Directors and Management of the Saint John Airport Authority have done an excellent job in creating a vibrant gateway for economic development & tourism and positioning themselves for dramatic future growth. Motion: That the Mayor be authorized to send the attached Letter of Support Respectfully Submitted, (Received via email) Don Darling Mayor City of Saint John SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 I www.saint ohn.ca I C.P.1971 Saint John, N. -B. Canada E2L 4L1 •• The City of Saint john Mayor Don Darling Mayor's Office Bureau du maire March 26, 2018 The Honorable Marc Garneau, PC Minister of Transport House of Commons Ottawa, ON K1A OA6 Dear Minister Garneau, As you may know, the Saint John Airport has applied to the National Trade Corridors Fund (NTCF) for much needed funding to refurbish their aging runways and to install high-intensity and more efficient LED lighting on the runway edges and centreline. They also plan to implement Runway End Safety Areas (RESA's) where possible. In order to ensure that the project may start in time for the 2018 construction season, I urge you to consider their application for approval. In addition to the safety enhancements and improvements to the airport's transportation infrastructure, the economic impact to this project will add 26mm in economic output, 12.5mm to GDP, and 9mm to labour income leading to direct and induced 187 FTE jobs for the city of Saint John. The Saint John Airport has not received any Federal, Provincial, or Municipal funding since it's privatization in 1999 and has been self-sufficient for over 19 years. When the airports were privatized in 1999, it was understood by Transport Canada that the Small NAS airports (of which, Saint John is one of 6) would be unable to sustain such a large piece of infrastructure without eventual Federal assistance. This time has come. It may interest you to note that the Saint John Airport is the fastest growing airport in Atlantic Canada for 7 months in a row. The Board of Directors and Management of the Saint John Airport Authority have done an excellent job in creating a vibrant gateway for economic development & tourism and positioning themselves for dramatic future growth. /� a SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 41_1 I www.saintjohn.ca I C.I? 1971 Saint 67 Once again, I respectfully request you to consider their application for approval in time for the 2018 construction season. Kind Regards, Don Darling Mayor of Saint John .: woro,00 PO Continuous Improvement Update to Common Council March 26, 2018 AINT JOH J�5 Continuous Improvement Progress and Results Work Plan Moving Forward 70 HUM ,{M3N s. while increasing va nities to streamline a IJ rs... i ate+ Waste r ■ Continuous Improvement Results Hard savings Revenue Cost Avoidance Productivity Satisfaction Targeting $2 Million cumulative hard savings by the end of 2018 CLO rn $2.0 m N $1.5 0 a 0 $1.0 w N $0.5 M W Of $0.0 Continuous Improvement Projected Performance Year to Date - March 21, 2018 Tata I Target - $500,000 end of 2017 (2016 projects) Target - $2 Million cumulative by end of 2018 $792,425 $570,290 —0 2016 2017 2018 Generated and/or estimated savings - high probablity of achieving savings Projected savings - project on-going (analysis or improve phases) SAIN1 JOHN Hard Savings Contributions by Service Area Transportation & Environment Services, 1 Corporate Services, $214,398,25% \ $228,189,27% Parking, $7,790,1% $296,189,15% Saint John Water, 532,000,4% Growth & Community Development Services, $47,113,6% Fire Services, $48,439, 6% Finance & Finance & Administrative Services, $261,645, 31% 75 Projected Program Savings Contributions by Service Area Transportation & Environment Services, $248,339, 12% Corporate Services, Parking,$7,790, 0% $296,189,15% Saint John Water, $152,000,8-1 Growth & Community Development Services, $47,113,2% Five Services, $128,439,7% Finance & Administrative Services, $1,120,845, 56% Projected Productivity Savings Approximately 3,032 hours diverted to other value added activities Estimated value - $96,835 (wages and benefits) Note: Not inclusive of all productivity savings _w-W�jo ---.Mow _EET UTILIZATION PROJECT Solutions Outcomes Cars Pooled: 22 Annual Hard Savings: $155,267 Cars Auctioned: 11 One Time Revenue: $30,372 77 Enhancements Accessible to 159 Staff 24/7 WN, j{M3N WINTER SIDEWALK MAINTENANCE Solutions Balanced to 13 routes over previous 14 routes Outcome Total Hard Savings $47,000 Improvements Customer and employee satisfaction RUM ,{M3ry • Contract changed to flat rate • Proper garbage bins installed • Check -lists implemented 79 No N $32,000 Total Hard Savings MMMM RAN, ,[MHN 4w Fw L a PARKING SUMMONS PROCE. • Eliminated process server $7,790 Total Hard Savings • Digital signatures • Summons printed in proper order 35% Productivity Savings • Change in print timing — $20,000 in Soft Savings so WN,,{M3N N PUBLIC NOTICE PROJECT Leverage new Act j r $41,113 Hard Savings Annually Web -site notification •0 Soft Savings of 9 hours annually N $390 81 RUM ,{M3N STREET SWEEPING PROJECT In-house service delivery model Validation and further efficiencies M Initial Hard Savings $93,1000 Additional Savings $10,000 RUM j{M3N f Lk -71. 077 1 IRE DIFFERENTIAL RESPONSE Reduce the number of apparatus that respond to alarms (e"' $48,439 Total Hard Savings •� (parts and fuel) RUM ,{M3ry J ANN= &M Solution PAINTING Eliminate placement of cones for linear painting Outcomes Annual Hard Savings: $11,756 Projecting 1,560 hours reallocated to traffic markings (arrows, cross walks) 84 RUM ,{M3ry ATA CENTRE PROJECT Proposed co -location of L $8,000 Projected Hard Savings the City's Data Centre 1,, $114,000 Projected Capital Cost Avoidance • Business continuity • Flexible business model $1,200 Projected Annual Operating Cost Avoidance j Investment in Continuous Improvement ftk '**Ikqo ;Rlu r., ,.�kvri}LYl nal Hosplal(D 4 J,- � • A # IL µ wf,&r ahIGHIS It �J Summary Winter Operations Dashboard Th*fto*# d Lwowdn 9.•r•,Wwr rover dpereucm de4*11S+a rd4r ends dharleq k*hKlee,Suff~r M*LrMw'f 00 sAS. o-anl. �wiiw•. and vakv rR miu-e 5uead {bawd a, a per uwrLmee for eadl hoe d mak-mll. Tacfl NUPTI"r of voh'CO Taco' Tung (Mol 19 1 j563.21 Tavel Spraedinp K Hs Tate) Spr ding Timm {hm) 13f277.QP 481*23 'Fowl KM Trp"R" 30,502.53 Total Tomes Sprrad 11837.80 SS.*:Suw M IDY, L tit 66 Participants 2017 Lessons Learned Presenter 2018 Rapid Fire Presenter HUM ,{M3ry 11 6X � c k >qj } CIO On-going Projects Project Development and Shared Services f Embedding Continuous Improvement RUM ,{M3N Shared Services... . %I ., .. ,. log , Eliminate redundancy by consolidating business operations that are used by multiple parts of the same organization MM V-- '.." .` lam! . i �I Police — Initial Steps: • Develop scope of work • Garner support from key stakeholders SERVICE DE POLICE oil 1 9 toll • � DE SAINT JOHN � SAT -I .,A - �,; ;ll k Advance a culture of continuous improvement to drive operational efficiencies. o r -11,11IC6.W Daily Management Information Technology Jmin Al - ._7 Continuous Improvement 111 City Manager's Office ILMI Ilii: ,.�1 Illii - il. a ■■ �= Man! ME on III One Stop Shop Community Planning Common Clerk Refinement Deployment Leader Check -Ins JOH Honw f-anga 6 SW In erf�r�ee,Open Data andApps _ I .� ,. Connecting peop4e and information •.I III , •- _ F - i L. —V The Performance dashboard showcases progress related to achieving Common Councilds priorities. Through good governance and with the support of the community, our focus is on growing Saint John. Key performance indicators are selected that dernon,%Irate the Citys cornmilment to being fiscally responsible and delivering public services that contribute to a vibrant, attractive and prospefous city. This public platform also allows you to explore and download open data, discover and bukld appllcatlons, and commit to solving Important local proNems. Let's make our great community greater, togetheri woro,00 PO Continuous Improvement Update to Common Council March 26, 2018 AINT JOH COUNCIL REPORT M&C No. 2018-77 Report Date March 20, 2018 Meeting Date March 26, 2018 Service Area Saint John Water His Worship Mayor Don Darling and Members of Common Council SUBJECT: "Project Performance Update — Safe, Clean Drinking Water Project" OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Dean Price Brent McGovern I Jeff Trail RECOMMENDATION It is recommended that this report be received for information and filed. EXECUTIVE SUMMARY The project team requests 15 minutes to present the attached presentation in open session of Common Council. The purpose of this presentation is to provide Council with a current project performance update on the Safe, Clean Drinking Water Project. PREVIOUS RESOLUTION At its meeting of November 27th, 2017 M&C Report No. 2017-286 titled "Project Performance Update — Safe, Clean Drinking Water Project" recommended and Council RESOLVED that: The report be received for information and filed. STRATEGIC ALIGNMENT The Safe Clean Drinking Water Project remains a high priority and focus as it will bring safe, clean drinking water to the citizens of Saint John and reduce the occurrence of boil water orders and service interruptions through the construction of sustainable infrastructure. 97 -2 - SERVICE AND FINANCIAL OUTCOMES Not applicable INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Input was provided by Port City Water Partners. ATTACHMENTS Power Point Presentation — "Project Performance Update — Safe, Clean Drinking Water Project"- Reporting Period — November 2017 — February 2018 PDF — "SCDWP Statistics"— Reporting Period — November 2017 — February 2018 I 6— SAINT JOHN Project Performance Update "Safe, Clean Drinking Water Project" - or March 26th, 2018 Reporting Period: Nov 2017 — C A ■ Executive Summary ■ Project Map ■ Project Status Dashboard ■ By the Numbers ■ Mini Milestones C Performance Measurement ■ Construction photos Open Data Statistics —Appendix "A" 100 40 Results this Period (Nov 2017 —Feb 2018) ■ PCWP's substantial completion date is still projected to be November 30th, 2018 but there are concerns with the tight timelines. ■ West Milestone Certificate issued November 22, 2017. ■ The LLDWTF, Loch Lomond Drinking Water Treatment Facility has progressed; working on instrumentation, electrical and mechanical process works for a spring 2018 start to el commissioning. ■ Roofers continued to install foam insulation and the final roofing membrane on top of the insulation throughout the winter during good weather. 101 Results this Period (Nov 2017 - Feb 2018) (Cont'd) ■ Construction continued on 3 to 11 of the 13 components. ■ Completion of Component 4-3 pipework at Sunnyside/Westmorland Road in late November. ■ Rothesay Avenue pipework was shut -down in mid December for the winter and has now recently restarted. ■ Concrete repairs to the Robertson Lake Dam structure were shut -down in late November and they have just recently resumed. 102 c�r What's Working ■ PCWP have deployed crews in key locations in the City and have made progress on strategic items this winter on the A.I. components. ■ City operations group made critical repairs to some large valve chambers to allow PCWP to make an important water transmission main connection. Reminder - Two live webcams on WTP site for thep ublic I 103W�_ Next Steps (work between now & late spring) East A.I. components ■ Repair and replace concrete at Robertson Lake Dam ■ Clearing and grubbing for Latimer Lake main dam ■ Complete the large flow meter chambers at WTP ■ CHPS and LHPS transmission pipeline tie-ins ■ Finalize work on the insulated roof c� ■ Rothesay Avenue — Slip -line the transmission main between Staples and Russell Street. 104 Next Steps (Off Street A.I. work for 2018) ■ 3-2 Latimer Lake South Dam ■ 3-2 Latimer Lake Main Dam upgrades — and 3 new intakes ■ 5-1 Loch Lomond Road and a section from Commerce Drive to Westmorland Rd -- slip lining (2 pipes &limited excavations) M^ "I P Complete 4-1, 4-2 (tie-in transmission main pipes at LHPS & CHPS), zi C 40 ■ 3-1 Robertson Lake Dam Spillway, access road and earth dams. 105 Next Steps (On Street A.I. work for 2018) ■ 4-4 Pressure zone modifications (John T. McMillan, Mountain Rd., Westmorland Rd. and Metcalf St.) ■ 5-2 Rothesay Ave; and McLean Street distribution main ■ 5-1 Night work -corner of Hickey Rd. and Loch Lomond Rd. ■ 5-1 Cindy Lee St. and Martha Cres. (slip lining pits).., ■ 5-1 Westmorland Rd. near Ellerdale St. (slip lining pit) ■ 4-4 Metcalf Street removal of one pipe segment ■ 3-2 Culverts at Latimore Lake Rd. 106 Next Steps (work between now & summer) 1-1 Loch Lomond Drinking Water Treatment Facility ■ Complete installations of mech / elec equipment ■ Complete the water lab in the admin building mid-May ■ Connect all equipment and have the components c,, A successfully communicating with one another c e s Legend Water Treatment Plant Site (WTP) Proposed New Water Mains Propo..d Reh biritaten VSFater Mains o� Prop ... d Well Ex. Water Storage Ex. Transmission Mains SAFE, CLEAN DRINKING WATER PROJECT PRIMARY INFRASTRUCTURE CATEGORY#1: WATER TREATMENT 1-1: WATER TREATMENT PLANT (WTP) CATEGORY#2: STORAGE 2-1: STORAGE AT WTP ADDITIONAL INFRASTRUCTURE CATEGORY #3: SOURCE IMPROVEMENTS 3-1: ROBERTSON LAKE DAM 3-2: LATIMER LAKE INTAKES AND DAM UPGRADES CATEGORY #4: TRANSMISSION AND PUMPING 4-1: LAKEWOOD HEIGHTS PUMP STATION TO WTP 4-2: WTP TO COMMERCE DRIVE 4-3: LOCH LOMON D ROAD AND WESTMORLAND ROAD 4-4: EAST PRESSURE MODIFICATIONS 4-5: WELL SITE DEVELOPMENT 4-6: SPRUCE LAKE PUMP STATION UPGRADE CATEGORY #5: WATER MAIN REHABILITATION 5-1: LAKEWOOD HEIGHTS PUMP STATION TO WESTMORLAND ROAD (STRUCTURAL LINING) 5-2: ROTH ESAY AVEN UE (STRUCTURAL U N I N G) 5-3: OCEAN WESTWAY (STRUCTURAL LINING) Scope Steady No change in scope ---- There is a possibility that the schedule may slip beyond the Schedule v Steady Project is currently on original target. Some of the A.I. schedule. project components are finishing later than planned. Contaminated soil discovered on Budget Y Steady Project is on budget several sites. Team is reviewing the details with our Partner. Risks G Steady Some typical risks to date. Resolve Issues and Relief Events Overall Health G Steady Good ---- G Steady Progress Y YELLOW — Some concerns, actions being taken R RED — Critical, major Issues 109 Pipe Installed .4 Kilometres Truckloads of Asphalt .2 Tons of Rebar Concrete h. Date A. Nov / 17 (early) Completed tie-in @ Martha Avenue Nov 23 / 17 Murphy begins to pull HDPE (Rothesay Avenue) Component 5-1 Component 5-2 Nov 29 / 17 Sunnyside Ave Paved Component 4-3 200mm PVC turned in @ Rothesay Avenue Dec / 17 (Frederick St to Staples) & Temporary Service removed Component 5-2 Feb 7 / 18 Installed 750mm tee @ Champlain Heights Component 4-2 Feb 26 / 18 Treatment Facility — Permanent Power On Component 1-1 111 Design Complete Percentage for all 13 components 0% 100% SCDWP Design Completion SCDWP Design Remaining Construction Complete % Percentage for all 13 components r� 112 26% O,L I SCDWP Construction Completion SCDWP Construction Remaining Length of Watermain Installed / Rehabilitated to date r� 21.2 km M^ Pipe installed Pipe Remaining r c A ■ Number of Issued For Construction (IFC) drawings received from PCWP 500 450 400 3020 1 F 350 Drawings 300 _ received 250 200 150 100 50 0 �p k - + S ■ 75 7 Q U i --I U rl N p ci O n Z Li c Q T ^I a a o 114 C 40 Construction Photos Nov 2017 —Feb 2018 r F -A Construction Photos Nov 2017 —Feb 2018 a,t �x ✓rf4 J qW illpill i x r �4,Vli ^F..Y'_ .R�' ^<�'%i �•.si ar- .. .A'L'A. F+ f T\ 'v- 3-1 Robertson Lake Dam - Spillway !'November 10th, 2017 c in Construction Photos Nov — Dec 2017 '- .. 2 2 F -A Construction Photos Nov 2017 —Feb 2018 AMft Construction Photos Nov 2017 —Feb 2018 RAw `1 '� �� �#` ��x r�y�A f✓- � �, � � Lq �f�, 7��xk�q,�Ay�.,7�`��� �a..(s� PIN I M9'�M�'�g�#��`.,.� 4-2 at Champlain Heights — 750mm line hit to avoid freezing — February 1, 2018 Construction Photos Nov 2017 —Feb 2018 dft% AIMP 0 ppp" F -A Construction Photos Nov 2017 —Feb 2018 -1 Al PB o - IN Construction Photos Nov 2017 —Feb 2018 6 i .. 01 r F -A Construction Photos Nov 2017 —Feb 2018 Construction Photos Nov 2017 —Feb 2018 R " m _ - r _ 3 �-- <j k _ y v.• 11 WA 9 - 074 1 ` =� 5-2 Test Pig — November 22, 2017 128 f re � 7 V !� trt 5-2 Test Pig — November 22, 2017 128 Construction Photos Nov 2017 —Feb 2018 TVII Z sw .1 i741, F -A 5-2 Rothesay Avenue Slip lining — NM%mber 24, 2017 F -A Construction Photos Nov 2017 —Feb 2018 � �w 5-2 Rothesay Avenue at Frederick Sfrdet January 17, 2018 Construction Photos Nov 2017 —Feb 2018 r- Construction Photos Nov 2017 —Feb 2018 NO, 4 a z �- o m F -A - 1 M-MR&I`q r 'Jkr w 1-1 Treatment Facility with backup g0ferator building— February gt", 2018 Construction Photos Nov 2017 —Feb 2018 i F -A Construction Photos Nov 2017 —Feb 2018 .t -1 LLDWTF — Roof January 29th1 I Construction Photos Nov 2017 —Feb 2018 _Aw f Installation of catwalks and guard rail continues inside the plant Component 1-1 1-1 LLDWTF February Siding has been installed on the administration building Component 1-1 1-1 LLDWTF 13 1- _ Construction Photos Nov 2017 -Feb 2018 p ._ aAWA 102!2018 13:20 lit 1-1 LLDWTF Entrance Foyer of the Administration Building February 16th, 2018 Lobby area of the Administration build 1ng is now tiled Component 1-1 141 10-01-2018 Wed 16:56: Questions qMmEmb., .���7: ; �` - - t • � 1 it Ipw 4f .-..- .:Y• r 3 - r 1 • T SCDWP Statistics 20/03/2018 City Staff Audits Feb -16 Mar -16 Apr -16 May -16 Jun -16 Jul -16 Aug -16 Sep -16 Oct -16 Nov -16 Dec -16 Jan -17 Feb -17 Management System Audit 0 1 3 1 2 3 1 2 2 2 0 0 1 Design audits 0 2 2 3 4 1 8 3 4 1 3 0 3 Site Audits (Scheduled) 0 0 15 14 17 27 19 19 29 32 15 14 29 Monthly Total 0 3 20 18 23 31 28 24 35 35 18 14 33 143 SCDWP Statistics 20/03/2018 City Staff Audits Mar -17 Apr -17 May -17 Jun -17 Jul -17 Aug -17 Sep -17 Oct -17 Nov -17 Dec -17 Jan -18 Feb -18 Mar -18 Apr -18 May -18 Jun -18 Jul -18 0 0 1 1 2 0 1 1 1 1 0 2 2 2 1 0 0 0 0 0 0 0 0 0 49 33 52 83 54 46 97 87 48 23 11 19 51 35 54 84 56 46 98 88 49 24 11 21 0 0 0 0 0 120 .Q 100 City Staff A O 9 20 ti( ti( ti( ti0 ti(0 Period 144 2 SCDWP Statistics Design Completion Progress (total) 20/03/2018 145 Jan -16 Feb -16 Mar -16 Apr -16 May -16 Jun -16 Jul -16 Aug -16 Sep -16 Oct -16 Nov -16 Dec -16 Jan -17 Feb -17 Mar -17 Apr -17 May -17 Jun -17 Jul -17 Aug -17 Sep -17 Oct -17 Nov -17 Dec -17 Jan -18 Feb -18 1-1 Water Treatment Plant 0% 0% 0% 0% 38% 44% 48% 60% 75% 91% 94% 96% 97% 98% 99% 99% 99.1% 99.2% 99.5% 99.6% 99.7% 99.8% 99.9% 99.9% 100.0% 100.0% 2-1 Storage at WTP 0% 0% 0% 0% 38% 42% 50% 60% 75% 95% 99% 99.5% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 3-1 Robertson Lake Dam 0% 0% 0% 0% 45% 70% 80% 85% 90% 90% 95% 95% 95% 95% 95% 97% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 3-2 Latimer Lake Intakes 0% 0% 0% 0% 30% 50% 60% 65% 70% 75% 80% 80% 82% 84% 86% 90% 93% 95% 95% 96% 96% 96% 96% 96% 96% 96% and Dam Upgrades 4-1LHPSto WTP 0% 0% 0% 0% 60% 90% 95% 95% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 4-2 WTP to Commerce 0% 0% 0% 0% 60% 90% 100% 100% 95% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% Drive 4-3 Loch Lomond Road and 0% 0% 0% 0% 30% 60% 70% 75% 50% 85% 90% 93% 95% 96% 98% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% Westmorland Road 4-4 East Pressure 0% 0% 0% 0% 30% 60% 70% 75% 50% 85% 90% 92% 94% 95% 96% 96% 97% 99% 99% 99% 100% 100% 100% 100% 100% 100% Modifications 4-5 Well Site Development 0% 0% 0% 0% 70% 90% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 4-6 Sruce Lake Pump 0% 0% 0% 0% 60% 70% 80% 80% 80% 85% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% Station Upgrades 5-1 LHPS to Westmorland 0% 0% 0% 0% 40% 50% 60% 62% 85% 90% 95% 96% 96% 96% 97% 98% 99% 99% 99% 99% 100% 100% 100% 100% 100% 100% Road (Structural Lining) 5-2 Rothesay Avenue 0% 0% 0% 0% 30% 40% 60% 62% 75% 75% 75% 76% 78% 80% 80% 82% 90% 94% 95% 100% 100% 100% 100% 100% 100% 100% (Structural Lining) 5-3 Ocean Westway 0% 0% 0% 0% 55% 90% 100% 100% 95% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% (Structural Lining) 145 of Primary Infrastructure Design Progress - ■ Primary Infrastructure Design Completed ■ Primary Infrastructure Design Remaining SCDWP Statistics Additional Infrastructure Design Progress 0% SCDWP Design Progress 0% SCDWP Design Completion ■ SCDWP Design Remaining 146 ■ Additional Infrastructure Design Completed Additional Infrastructure Design Remaining 20/03/2018 SCDWP Statistics Construction Completion Percentage (total) 20/03/2018 147 Jan -16 Feb -16 Mar -16 Apr -16 May -16 Jun -16 Jul -16 Aug -16 Sep -16 Oct -16 Nov -16 Dec -16 Jan -17 Feb -17 Mar -17 Apr -17 May -17 Jun -17 Jul -17 Aug -17 Sep -17 Oct -17 Nov -17 Dec -17 Jan -18 Feb -18 1-1 Water Treatment Plant 0% 0% 0% 0% 1% 3% 3% 4% 4% 11% 16% 19% 21% 23% 25% 28% 31% 36% 41% 47% 53% 60% 68% 75% 82% 88% 2-1 Storage at WTP 0% 0% 0% 0% 0% 0% 8% 12% 12% 16% 20% 22% 24% 26% 29% 32% 45% 56% 67% 75% 82% 90% 95% 97% 98% 99% 3-1 Robertson Lake Dam 0% 0% 0% 0% 0% 0% 0% 0% 6% 7% 7% 7% 7% 7% 7% 7% 7% 7% 13% 13% 30% 48% 68% 68% 68% 68% 3-2 Latimer Lake Intakes 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 1% and Dam Upgrades 4-1 LHPS to WTP 0% 0% 0% 0% 1% 2% 3% 17% 44% 45% 46% 46% 46% 46% 46% 52% 55% 59% 61% 65% 69% 72% 74% 74% 74% 74% 4-2 WTP to Commerce 0% 0% 0% 0% 1% 14% 38% 50% 42% 52% 58% 61% 67% 68% 68% 76% 81% 86% 87% 88% 94% 95% 95% 95% 95% 96% Drive 4-3 Loch Lomond Road and 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 2% 18% 24% 48% 70% 90% 92% 99% 99% 99% 99% Westmorland Road 4-4 East Pressure 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 2% 2% 2% 2% 2% 2% 2% 2% 2% Modifications 4-5 Well Site Development 0% 0% 0% 0% 1% 14% 22% 22% 26% 35% 39% 44% 52% 52% 60% 69% 71% 90% 92% 100% 100% 100% 100% 100% 100% 100% 4-6 Sruce Lake Pump 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 2% 6% 26% 26% 76% 95% 100% 100% 100% 100% 100% 100% 100% Station Upgrades 5-1 LHPS to Westmorland Road (Structural Lining) 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 1% 1% 11% 12% 12% 12% 14% 15% 14% 14% 14% 5-2 Rothesay Avenue 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 1% 5% 12% 18% 54% 54% 63% 63% (Structural Lining) 5-3 Ocean Westway (Structural Lining) 0% 0% 0% 0% 1% 2% 9% 24% 28% 51% 55% 58% ° 58/ ° 60/ ° 85/ ° 99/ ° 99/ ° 99/ ° 99/ ° 100/ ° 100/ ° 100/ ° 100/ ° 100/ ° 100/ ° 100/ 147 Primary Infrastructure Construction Progress 11 Y Primary Infrastructure Construction Completed ■ Primary Infrastructure Construction Remaining SCDWP Statistics Additional Infrastructure Construction Progress 37 63% SCDWP Construction Progress 26% � 74% V SCDWP Construction Completion O SCDWP Construction Remaining Additional Infrastructure Construction Completed O Additional Infrastructure Construction Remaining 20/03/2018 SCDWP Statistics 20/03/2018 issuea Tor construction urawings Keceivea Jan -16 Feb -16 Mar -16 Apr -16 May -16 Jun -16 Jul -16 Aug -16 Sep -16 Oct -16 Nov -16 Dec -16 Jan -17 Feb -17 Mar -17 Apr -17 May -17 Jun -17 Jul -17 Aug -17 Sep -17 Oct -17 Nov -17 Dec -17 Jan -18 Feb -18 1-1 water Treatment Plant 0 0 7 0 11 110 3 195 148 135 374 130 94 34 37 131 169 89 34 51 69 35 9 52 106 40 2-1 Storage at WTP 0 0 0 0 0 0 0 22 2 1 42 6 0 0 14 4 5 0 0 0 3 2 0 0 0 0 3-1 Robertson Lake Dam 0 0 0 0 0 0 0 0 4 16 0 0 0 0 1 0 18 0 0 0 7 3 0 0 0 3 3-2 Latimer Lake Intakes and 0 0 0 0 0 0 0 0 0 0 0 0 4 0 0 0 0 0 0 0 0 0 2 0 0 0 Dam Upgrades 4-1 LH PS to WTP 0 0 0 0 0 17 10 0 3 13 18 0 0 1 1 1 12 4 0 0 0 0 0 0 0 0 4-2 WTP to Commerce Drive 0 0 0 0 0 50 14 41 23 17 19 6 0 1 1 0 9 0 1 0 1 0 2 0 2 0 4-3 Loch Lomond Road and 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 23 17 22 14 12 9 4 1 1 0 0 Westmorland Road 4-4 East Pressure Modifications 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 1 0 0 0 0 0 0 0 0 4-5 Well Site Development 0 0 0 0 0 13 65 0 8 0 8 1 15 15 8 9 14 9 1 6 5 0 0 0 0 0 4-6 Sruce Lake Pump Station 0 0 0 0 0 0 0 0 0 0 0 0 16 0 0 4 9 1 0 2 3 0 0 0 0 0 Upgrades 5-1 LHPS to Westmorland Road 0 0 0 0 0 0 0 0 0 0 14 2 13 0 0 24 0 6 0 0 19 0 0 0 0 1 (Structural Lining) 5-2 Rothesay Avenue (Structural Lining) 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 7 0 1 1 0 0 0 5-3 Ocean Westway (Structural 0 0 0 0 0 45 32 8 14 5 10 1 2 0 1 3 1 2 0 0 1 0 1 0 0 0 Lining) Total 0 0 7 0 11 235 124 266 202 187 485 146 144 51 63 199 255 134 50 78 117 45 16 53 108 44 3020 IFC Drawings Received 600 400 - -- 200 0 1J • QJ• O�. e' �j O Fe' PQM' �y• J; � , O3 P. 0 P O fie: 149 SCDWP Statistics 20/03/2018 Activity On site Jan -16 Feb -16 Mar -16 Apr -16 May -16 Jun -16 Jul -16 Aug -16 Sep -16 Oct -16 Nov -16 Dec -16 1-1 water Treatment Plant N N N Y Y Y Y Y Y Y Y Y 2-1 Storage at WTP N N N Y Y Y Y Y Y Y Y Y 3-1 Robertson Lake Dam N N N N N N N N Y Y N N 3-2 Latimer Lake Intakes and Dam Upgrades N N N N N N N N N N N N 4-1 LHPS to WTP N N N Y N N Y Y Y Y Y Y 4-2 WTP to Commerce Drive N N N N Y Y Y Y Y Y Y Y 4-3 Loch Lomond Road and Westmorland Road N N N N N N N N N N N N 4-4 East Pressure Modifications N N N N N N N N N N N N 4-5 Well Site Development N N N Y Y Y Y Y Y Y Y Y 4-6 Sruce Lake Pump Station Upgrades N N N N N N N N N N N N 5-1 LHPS to Westmorland Road (Structural Lining) N N N N N N N N N N N N 5-2 Rothesay Avenue (Structural Lining) N N N N N N N N N N N N 5-3 Ocean Westway (Structural Lining) N N N N N N Y Y Y Y Y Y 150 SCDWP Statistics 20/03/2018 Activity On site Jan -17 Feb -17 Mar -17 Apr -17 May -17 Jun -17 Jul -17 Aug -17 Sep -17 Oct -17 Nov -17 Dec -17 Jan -18 Feb -18 Mar -18 Apr -18 May -18 Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y N Y N N N N N N Y Y Y Y Y Y N N N N N N N N N N N N N N N N N N N Y Y Y Y Y Y Y Y Y N N Y Y N Y Y Y Y Y Y Y Y Y N Y N N N Y Y Y Y Y Y Y Y N N N N N N N N Y N N N N N N N N Y N Y Y Y Y Y Y Y Y Y Y Y Y N Y Y Y Y Y Y Y Y Y Y N N N N N N N Y Y Y Y Y Y Y N N N N N N N N N Y Y Y Y Y Y Y N Y Y Y Y Y N N Y Y Y Y N N N 151 SCDWP Statistics 20/03/2018 Water Main Layed and Lined Nov - Feb Jan -16 Feb -16 Mar -16 Apr -16 May -16 Jun -16 Jul -16 Aug -16 Sep -16 Oct -16 Nov -16 Dec -16 Water Main >_ 400mm (m) 0 0 0 0 0 1781 862 2048 112 2291 907 597 Water Main < 400mm (m) 0 0 0 0 0 0 0 271 514 100 15 0 Structural Lining (m) 0 0 0 0 0 0 0 0 767 273 2100 0 Monthly Total 0 0 0 0 0 1781 862 2319 1393 2664 3022 597 Remaing Pipe to install (m) 26000 26000 26000 26000 26000 24219 23357 21038 19645 16981 13959 13362 Total Installed (km) 21.2 0.362 Total Remaininiz (km) 4.8 Miscellaneous Nov - Feb Jan -16 Feb -16 Mar -16 Apr -16 May -16 Jun -16 Jul -16 Aug -16 Sep -16 Oct -16 Nov -16 Dec -16 Concrete Poured (m) 0 0 0 0 0 0 15 395 938 798 722 675 Concrete Poured (Truckload*) 0 0 0 0 0 0 2 52 123 104 94 88 Rebar Installed (kg) 0 0 0 0 0 4987 49000 126000 150000 35000 210000 106000 Total Rebar (t) 0 0 0 0 0 4.99 49.00 126.00 150.00 35.00 210.00 106 Asphalt (t) 0 0 0 0 0 0 600 600 1200 671 970 0 Asphalt (truckload**) 0 0 0 0 0 0 38 38 75 42 61 0 *Truckload of Concrete = 10 Cubic Yards per load = 7.65 Cubic Metres (approx) ** Truckload of Asphalt = 16 tonnes/truckload Period Nov - Feb February Total Rebar (t) 0.20 0 Total Concrete (m3) 73.5 9.61 0 Total Asphalt (t) 1440 90.00 0 Total Pipe (m) 362 0 Kilometres of Pipe Installed Pipe installed Pipe Remaining 21.2 km 152 9 SCDWP Statistics 20/03/2018 153 10 Water Main Layed and Lined Jan -17 Feb -17 Mar -17 Apr -17 May -17 Jun -17 Jul -17 Aug -17 Sep -17 Oct -17 Nov -17 Dec -17 Jan -18 Feb -18 Water Main >_ 400mm (m) 623 32 165 1397 886 1867 633 853 242 135 64 0 0 0 Water Main < 400mm (m) 36 36 95 0 60 0 549 216 0 350 224 74 0 0 Structural Lining (m) 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Monthly Total 659 68 260 1397 946 1867 1182 1069 242 485 288 74 0 0 Remaing Pipe to install (m) 12703 12635 12375 10978 10032 8165 6983 5914 5672 5187 4899 4825 4825 4825 153 10 Miscellaneous Jan -17 Feb -17 Mar -17 Apr -17 May -17 Jun -17 Jul -17 Aug -17 Sep -17 Oct -17 Nov -17 Dec -17 Jan -18 Feb -18 Concrete Poured (m) 601 139 500 235 295 519 212 46 25 79 57 10 6.5 0 Concrete Poured (Truckload*) 79 18 65 31 39 68 28 6 3 10 7 1 1 0 Rebar Installed (kg) 72225 65520 28575 53978 29307 20793 10957 3050 250 7715 0 0 200 0 Total Rebar (t) 72.00 66 29 54 29.00 21 11.00 3 0.25 7.7 0 0.00 0.2 0 Asphalt (t) 0 0 0 0 0 650 0 825 874 600 1000 440 0 0 Asphalt (truckload") 0 0 0 0 0 41 0 52 55 38 0 28 0 0 153 10 SCDWP Statistics 20/03/2018 Customer Disruption Jan -16 Feb -16 Mar -16 Apr -16 May -16 Jun -16 Jul -16 Aug -16 Sep -16 Oct -16 Nov -16 Dec -16 Jan -17 Customer Phone Calls 0 0 0 1 5 6 27 26 9 13 7 1 3 Traffic Detours 0 0 0 0 1 1 2 2 1 0 0 0 0 Service Disruptions 0 0 0 0 0 0 3 0 0 0 0 0 0 154 10 Feb -17 Mar -17 Apr -17 May -17 Jun -17 Jul -17 Aug -17 Sep -17 Oct -17 Nov -17 Dec -17 Jan -18 Feb -18 Customer Phone Calls 1 8 22 10 8 14 16 10 13 4 3 3 0 Traffic Detours 0 0 1 1 11 10 3 8 7 9 1 4 3 Service Disruptions 0 0 0 5 6 1 4 2 1 1 0 0 1 154 10 COUNCIL REPORT M&C No. 2018-74 Report Date March 16, 2018 Meeting Date March 26, 2018 Service Area Finance and Administrative Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: 2018 Revised General Operating Budget OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadCity Manager David Merrithew Hilary Nguyen/Kevin Fudge Jeff Trail RECOMMENDATION RESOVED that as recommended by the Finance Committee at its March 13th meeting: 1. That the sum of $156,090,792 be the total Operating Budget of the City of Saint John for 2018; 2. That Common Council approves the 2018 Establishment of Permanent Positions at 630; 3. That Common Council approves $350,000 to the Growth Reserve Fund to support the City's growth initiatives. EXECUTIVE SUMMARY The 2018 General Operating Budget was approved by the Common Council on December 11th, 2017. On February 12th, 2018, Council approved the Provincial Funding Agreement according to which the Province agreed to provide additional funding to the City in an amount up to $3,477,659 in 2018. Following the approval of the Funding Agreement, Staff has worked diligently on a revised 2018 General Operating Budget to ensure that all requirements in the Provincial Funding Agreement are met. The Finance Committee met on March 13th, 2018 to review the revised General Operating Budget and recommended that the revised Budget as presented be sent to Common Council for approval. PREVIOUS RESOLUTION 155 sa Common Council approved the 2018 General Operating Budget as recommended by the City Manager in the report M&C 2017-315 on December 11th, 2017. REPORT The 2018 General Operating Budget in the amount of $152,613,133 was approved by Common Council on December 11th, 2017. In February 2018, the Province announced a funding agreement for the City of Saint John which was designed to provide additional funding to the City in an amount up to $22,800,000 over a 3 -year period starting 2018 to allow the City to deliver on core frontline services while working collaboratively with the Province on long term solutions to adderess the City's structural deficit. The Provincial Funding Agreement was approved by Common Council on February 12th, 2018. Pursuant to the Agreement, the City will receive up to $3,477,659 in 2018. In order to reinstate frontline services which had been cut due to budget constraints, a revised 2018 General Operating Budget was prepared by Staff and submitted to the Finance Committee for review on March 13th, 2018. The following table summarizes major adjustments which have been made to the original 2018 General Operating Budget: Description Budget Adjustments Revenues Financial Assistance 3,477,659 Total Adjustment to Revenues 3,477,659 Expenses Growth & Community Development Services 458,885 Fire Rescue and Suppression Service 1,117,913 Emergency Management Service 7,305 Police Services 1,187,000 Transit Service 365,845 Other Transportation & Environment Services 1,328,799 Corporate Services 116,060 Restructuring Cost -1,239,537 Other Compensation Costs 135,389 Total Adjustment to Expenses 3,477,659 All adjustments have been made to minimize impacts on frontline services including Fire Rescue and Suppression service, Police services, Transit service as well as Transportation and Environment. The revised budget also focuses on growth as the Growth Reserve Fund of $350K has been reinstated and $35K has 156 am been reinstated to the Heritage Grant budget to bring it to a total of $80K. Additional funding of $21K has also been added to the previously approved Cultural Affairs' budget to support arts and culture. The restructuring cost budget was initially set up to support the City's restructuring effort. However, the restructuring cost budget will not be needed in 2018 as the City will receive short term provincial funding while working with the Province to find long term solutions to the City's structural deficit challenges. Even though the City will not move ahead with its restructuring program in 2018, wages and benefit escalation is still a major budget concern. Therefore, Staff has worked diligently and identified positions which could be eliminated during the budget process. Most positions eliminated were vacant due to retirement or resignation. As a result, the City's Establishment has been reduced from 641 positions in 2017 to 630 positions in 2018. Other small adjustments have been made to Corporate Services and other compensation costs to reflect up to date information or increased support for frontline services. �ir:7rrx�r�- I �C�IJIu1 �Ji� The 2018 Revised General Operating Budget aligns with Council's Priorities. W-1.1T11114F! ► relf-I►11111501110101u1AL7 Frontline service levels have been maintained. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Considerable input has been received from all service areas. ATTACHMENTS 2018 Revised General Operating Budget 157 The City of Saint John GENERAL OPERATING FUND City of Saint John 2018 Budget 2018 2018 Approved Proposed Budget Budget REVENUES Property taxes 121,319,088 121,319,088 Equalization & Unconditional Grant 16,603,206 16,603,206 Financial Assistance 1,239,537 4,717,196 Surplus 2nd previous year 1,338,515 1,338,515 Growth & Community Development Services 2,503,571 2,503,571 Public Safety Services 1,887,022 1,887,022 Transportation & Environment Services 3,982,308 3,982,308 Finance & Administrative Services 3,654,886 3,654,886 Corporate Services 85,000 85,000 TOTAL REVENUES rk 152,613,133 156,090,792 EXPENDITURES Growth & Community Development Services '� 10,118,529 10,577,414 Public Safety Services 53,073,561 55,385,779 Transportation & Environment Services 42,025,858 43,720,502 Finance & Administrative Services 9,503,272 9,503,272 Corporate Services 8,465,297 8,581,357 Other Charges 29,426,616 28,322,468 TOTAL EXPENDITURES 152,613,133 156,090,792 General Fund Surplus (Deficit) 158 1 COUNCIL REPORT M&C No. 2018-86 Report Date March 21, 2018 Meeting Date March 26, 2018 Service Area Saint John Water His Worship Mayor Don Darling and Members of Common Council SUBJECT. Safe, Clean Drinking Water - East Side Potable Water System pH Adjustment and Orthophosphate Treatment OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head' Manager Kendall Mason, P.Eng. James Margaris, P.Eng J. Brent McGovern, P.Eng. Jeff Trail RECOMMENDATION That Common Council adopt the following resolution: RESOLVED that in an effort to minimize any undesired impacts associated with the upcoming transition to fully treated drinking water, your City Manager is recommending that Council direct staff to undertake the following actions: • In mid to late April 2018 commence operation of a sodium hydroxide treatment system at the Latimer Lake Treatment Facility to slowly, over the course of approximately 10 to 15 weeks, increase the pH of the water upwards toward that of the future finished water quality that will come from the Loch Lomond Drinking Water Treatment Facility. • Once the water reaches a point where orthophosphate corrosion inhibitor becomes effective, commence operation of a temporary orthophosphate treatment system at the Latimer Lake Treatment Facility. The purpose of this report is to advise Common Council of the water quality transition that is scheduled to commence on the east side of Saint John and the steps Saint John Water is taking in preparation for the full operation of the Loch Lomond Drinking Water treatment facility. 159 -2 - Port City Water Partners remains focused on completing all components of the Safe, Clean Drinking Water Project while Saint John Water are preparing for the upcoming water quality transition period to fully treated surface water that meets the New Brunswick and Canadian Drinking Water Guidelines. Early pH adjustment of the drinking water utilizing sodium hydroxide is the first incremental step in preparation for the transition to fully treated Loch Lomond/Latimer Lake drinking water. The second step will occur once the pH of the water rises above 7, at which time treatment with orthophosphate will commence. Currently east side drinking water is surface water from the Latimer Lake and Loch Lomond watershed with coarse screening and disinfection (by injecting a chlorine solution into the water) at the Latimer Lake Chlorination Facility. In the near future the surface water will be screened at Latimer Lake and treated at the new Loch Lomond Drinking Water Treatment Facility producing a drinking water that meets the New Brunswick and the Canadian Drinking Water Guidelines. These interim system changes are being planned in collaboration with the New Brunswick Departments of Health and Environment and Local Government as well as expert advisors in drinking water treatment. It is important to note that while this interim work is being done to minimize any possible impacts to customers there will remain the potential for customers to experience discoloured water and changes in chlorine levels during the interim water quality transition period. Fully treated water will result in higher quality drinking water for all east side customers. I1:7��IC�1►1��:7���]�►j�[�1P1 On May 29, 2017 Council RESOLVED the tender for the establishment of a supply agreement for Sodium Hydroxide (50%) be awarded to the lowest compliant bidder, Univar Canada. STRATEGIC ALIGNMENT This report aligns with Council's Priority for Valued Service Delivery, specifically as it relates to investing in sustainable City services and municipal infrastructure. BACKGROUND Eastern Potable Water System The east side drinking water system is supplied from the Loch Lomond and Latimer Lake watersheds which include the following major Lakes: Loch Lomond 160 am Lakes, Robertson Lake, Latimer Lake and other smaller contributing lakes. A schematic key map is presented in Figure 1 showing the future flow of water (once the new water treatment facility is commissioned) through the watershed lakes into the large raw water transmission system to the future Loch Lomond Drinking Water Treatment Facility that remains under construction. LOCH LOWuND WATER TIIEATYENT FACILITY -"I[-- RAW WATER TRANSMISSION MAINS -0116- TREATED WATER TRANSMISSION MAINS LOCH LOMWD LAKE G74d&T TSVTAO L1XE J f r Figure 1. New East Saint John Potable Water System Schematic A photograph of the future Loch Lomond Drinking Water Treatment Facility and water storage reservoirs currently under construction is presented in Figure 2. This water treatment facility will service all potable water customers east of the Reversing Falls Bridge (with the exception of the Harbourview Subdivision). The water treatment facility will have a capacity of producing a net output of 75 MLD (million litres per day). The three water storage reservoirs shown in Figure 2 below will have a capacity of 33 Million Litres. Figure 2. 161 -4 - ANALYSIS The water quality provided to customers east of the Saint John River has been relatively unchanged for many decades. Water from Latimer Lake is screened, chlorinated, and flows directly to the distribution system. The City has developed a plan with the City's Water Treatment Consulting Team that takes into account the changes in water quality between present conditions, and future water quality conditions when the new water treatment plant for water customers on the eastern water distribution system in Saint John commences operation. CBCL's Water Treatment Consulting Team have presented to the City potential impacts with respect to the transition to the fully treated future water quality and impacts on the water distribution system and premise plumbing. These potential impacts are being considered and mitigated through intermediate steps that are noted in this report. The changes in water quality from the current water to the future drinking water produced at the Loch Lomond Drinking Water Treatment Facility include pH, chlorine residual, organic matter content, and mineral balance. The new surface water treatment plant will increase treated water pH, reduce organic matter concentrations, alter the balance of alkalinity and hardness, have a chlorine residual that persists in the distribution system, and include corrosion inhibitor (orthophosphate) treatment. As a part of planning for these pending changes in water quality it is important to implement pH correction at Latimer Lake Water Treatment Facility prior to the new Loch Lomond Drinking Water Treatment Facility delivering water to customers. The objective is to phase in the water quality changes to the greatest extent possible. Figure 3 below presents a schematic diagram of the various interim stages of treatment leading up to full treatment. Item 1 within the schematic shows the current water treatment (chlorination) at Latimer Lake. Item 2-A shows the interim treatment process which includes chlorination and pH adjustment. Item 2-13 shows the addition of orthophosphate at the Latimer Lake Water Treatment Facility. The long term schematic diagram presented as item 3 includes all steps of the new water treatment facility process when fully functioning. 162 -5- ' CITY Enow TwATmDrr oIURIMUnION Nf71MORK cnISQlNtnvN 1 1 �nNiNc LATIMER LAKE DOSiM'IC FACLM mm TwA7mwr A � oBueow PH NETIM K CHLpRW ON CQ9IEl- ELTCIN REEIiIHG LATIMER LAKE E1457MUa FACTURESCITY q 0 wmw mc•nAnr—e offnV3UFION PH GHLCRIH4ipN GOm[cnOR ONnONHpSPwiE X11 ® � - LATIMER LAKE VISA(, FACILIMOfff 1 O LOW TM 7RcnnEllr WMIJIMIN �C WPIRNr SEH ccRlmox NdWM 4 11 nLiR,ri noR NHIEFOR C19SOLVED nIR Fl_ornnoH LATIMER LAKE NOMI WA7E8 7111EXR Nr PLANT 11 4 Figure 3. The American Water Works Association defines pH as a measure of the acidity or alkalinity of a solution such as water. A pH with a value of 7 is neutral; lower numbers represent acidic solution and higher numbers, represent alkaline solutions. The pH of the Loch Lomond/Latimer Lake drinking water with current treatment ranges between 5.7 to 6.9 as presented in Appendix 1. The tables in Appendix 1 represent the water parameters immediately following production or treatment and are intended to provide a sense of the range of fluctuation or change in water quality as we progress from current treatment through interim treatment. Water quality can vary slightly from what is presented in the Tables as chemistry changes occur as the water travels through the distribution system and onto a customer's private plumbing. 2. Interim Treatment - A Treating the water with sodium hydroxide would increase the pH and the alkalinity of the drinking water delivered to customers on the east water distribution system. The pH would increase to meet the Guidelines for Canadian Drinking Water Quality. Sodium hydroxide is a chemical frequently used in water treatment processes to neutralize acidity, increase alkalinity, or raise the pH value. For example it is used 163 sm Moncton and in Nova Scotia it is used in Halifax at two of their water treatment facilities, Antigonish and at various utilities within the Cape Breton Regional Municipality. The sodium hydroxide product is National Sanitation Foundation (NSF)/ANSI Standard 60 certified, meaning it is approved as a food grade product for use in drinking water treatment operations. The use of sodium hydroxide is also supported for use in drinking water by the American Water Works Association (AWWA), a non-profit, scientific and educational association founded to improve water quality and supply. With the addition of sodium hydroxide the drinking water pH would be slowly increased to a range of between 7.0-9.0. Corrosiveness of the water would decrease at the higher pH. The drinking water quality parameters are presented in Table 2 in Appendix 1 for the interim stage that involves coarse screening, chlorination and adjustment of pH with sodium hydroxide. The target timeline to commence the process of slowly adjusting the pH is mid to late April 2018. The addition of sodium hydroxide will be gradually increased so the pH is incrementally increased from its current value to a pH greater than 7 in approximately 10 — 15 weeks. Once the pH increases above the designed value of 7 orthophosphate treatment will then commence. It should be noted that in interim step 2a, Saint John Water is only adjusting the pH of the drinking water. Based on practice and historical data there should be no adverse effects for copper piping with pH adjustment however Saint John Water advises customers to be cognizant of the system changes that will be commencing. Treatment of the drinking water with orthophosphate once the pH is above 7.0 will also add additional protection to the distribution infrastructure and plumbing systems. 2. Interim Treatment - B Since orthophosphate is ineffective at low pH, the pH correction (increase) has to be completed first until such time as the pH is greater than 7 so as to allow the orthophosphate to be effective. Once the pH is in a stable range that orthophosphate can be effective, treatment with orthophosphate would XQMal iIN1114 4 Potential Customer Impacts The adjustment of pH is being undertaken to reduce pipe corrosion, both for larger buried pipes and for premise plumbing. The implementation of an early pH correction program is intended to introduce changes slowly, to allow infrastructure a period of adjustment, before the new drinking water treatment facility begins to deliver treated water to customers. 164 -7 - While the slow adjustment of the water chemistry will be done in an attempt to mitigate any possible impacts it is important to note that simply raising the pH itself could destabilize the tuberculation inside the water system. Tuberculation as defined by AWWA states it is the growth of nodules (tubercules) on the pipe interior, which reduces the inside diameter and increases the pipe roughness. These nodules are essentially a buildup of corrosion that has formed on the inside of cast-iron pipes over a number years. It is important to note that significant efforts have been made over the past 12 years to clean and line the unlined cast iron watermains in the distribution system; there have been approximately 50km cleaned and lined which equates to approximately 33% of the entire cast iron water distribution inventory of the City of Saint John. The work that has been completed over the past 12 years will be of significant benefit in reducing possible issues with water quality however there still remains approximately 100km of distribution main that still has to be cleaned and lined and raising the pH could destabilize the tuberculation as raising the pH has the ability to soften the tuberculation. Therefore adjusting the pH with the addition of sodium hydroxide at the Latimer Lake Drinking Water Treatment Facility has the potential for Customers to experience discoloured water, increased iron in the water and changes in chlorine levels. However the early and slow adjustments to the pH are being done to mitigate these potential issues to the extent possible. Should there be any instances of discoloured water, customers are advised to notify Saint John Water and flush the water through their bath tub (given there is no aerator on it) until the water runs clear. If there are any changes to water quality or if there are any questions regarding the changes in water chemistry, customers can contact 658-4455. It should also be noted that increased water sampling and testing will also be done by Saint John Water during the period of transition. System Flushing Saint John Water has planned additional maintenance activities in the eastern water distribution system during the periods of water chemistry changes. Saint John Water will be flushing the east water distribution system utilizing the unidirectional flushing process (UDF) that has been successfully cleaning the pipes in water distribution in Saint John for many years. UDF involves the strategic closing of valves in the distribution system thereby increasing the flushing velocities of the water to scour the pipe walls and expel sediment, grit and particles in the water distribution pipes and flush this water out of the system through fire hydrants. This process will be ongoing as part of the annual program. 165 -8 - Communications A new east water webpage has been created on the City of Saint John website which will include this council report along with general project information, question and answers, and project updates. The webpage is available at www.saintiohn.ca/eastsidewater and is scheduled to go live on Monday March 26, 2018 prior to the council meeting. In addition separate communications will be happening with specific industrial, commercial and institutional customers re the interim water quality changes. If customers have questions they can contact Saint John Water at 658-4455 or via email at waterandsewerage@saintjohn.ca . While the customer service phone is staffed 24/7 it is best to call between the hours of 8:30am to 4:30pm Monday to Friday. F��:��1[�1�►P1�7dIP/_1P[�/_►��I�j���1��7�7 The use of sodium hydroxide at the Latimer Lake Treatment Facility is a planned expenditure and as such funds are provided in the annual Utility Operating Budget to cover this expense. The use of orthophosphate on the east system is part of the new Loch Lomond Drinking Water Treatment Facility. Expenses within the 2018 Utility Operating Budget and the costs associated with its use at the Latimer Lake Treatment Facility will be managed within the annual Utility Operating Budget. Service outcome will be improved water quality that will meet the pH requirements of the Guidelines for Canadian Drinking Water Quality while at the same time minimizing the possibility of customer impacts when transitioning to the future fully treated water that will be produced at the new Loch Lomond Drinking Water Treatment Facility. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Saint John Water will continue to work closely with Department of Health and Department of Environment and Local Government in the months leading up to the commissioning of the Loch Lomond Drinking Water Treatment Facility and during the conversion of the east side drinking water from current water quality through the interim pH increases and orthophosphate treatment periods. With respect to the interim treatment of the east water with sodium hydroxide followed by orthophosphate, the Department of Health has advised that "From a Health perspective we see no health concerns with the use of these drinking water additives as these chemical compounds are used widely in the water treatment industry and in numerous commercial applications. Therefore the NB 166 IRE Dept. of Health gives their approval for the use of these drinking water chemical compounds." The City will require written consent from the Minister of the Environment and Local Government as stipulated by Section 21 of the Water Quality Regulation — Clean Environment Act. Written consent from the Minister will be received in advance of commissioning the systems. ATTACHMENTS Appendix 1 167 Appendix 1 1— Current Treatment Parameter Alkalinity Units mg/L as CaCO3 Typical Range 4-20 Aluminum mg/L 0.02-0.10 Calcium mg/L 4-8 Chloride mg/L 5-15 Free Chlorine mg/L 1.0-3.0 Colour - Apparent Pt -Co 10-60 Colour - True Pt -Co 5-40 Conductivity micros/cm 45-60 DOC mg/L 2.0-7.0 Hardness (calculated) mg/L as CaCO3 12-22 Iron mg/L 0.05-0.20 Magnesium mg/L 0.5-0.8 Manganese mg/L 0.01-0.15 Nitrate mg/L as N 0.1-0.3 pH 5.7-6.9 Sulfate mg/L 3.0 Total Dissolved Solids mg/L 20-50 TOC mg/L 3.3-7.5 Turbidity NTU 0.06-3.5 UV Transmittance % 60-80 Zinc mg/L 0.005-0.05 Ortho -Phosphate mg/L 0.0 Trihalomethanes ug/L 40-100 Note — the parameters with the most significant change through the various interim treatment scenarios are highlighted for ease of review. 169 2 Interim Treatment A (addition of Sodium Hvdroxide Parameter Alkalinity Units mg/L as CaCO3 Typical Range 10-25 Aluminum mg/L 0.02-0.10 Calcium mg/L 4-8 Chloride mg/L 5-15 Free Chlorine mg/L 1.0-3.0 Colour - Apparent Pt -Co 10-60 Colour - True Pt -Co 5-40 Conductivity micros/cm 45-60 DOC mg/L 2.0-7.0 Hardness (calculated) mg/L as CaCO3 12-22 Iron mg/L 0.05-0.20 Magnesium mg/L 0.5-0.8 Manganese mg/L 0.01-0.15 Nitrate mg/L as N 0.1-0.3 pH 7.0-9.0 Sulfate mg/L 3.0 Total Dissolved Solids mg/L 20-50 TOC mg/L 3.3-7.5 Turbidity NTU 0.06-3.5 UV Transmittance % 60-80 Zinc mg/L 0.005-0.05 Ortho -Phosphate mg/L 0.0 Trihalomethanes ug/L 60-140 170 2 Interim Treatment B (addition of Sodium Hydroxide and Orthophosphate) Parameter Alkalinity Units mg/L as CaCO3 Typical Range 10-25 Aluminum mg/L 0.02-0.10 Calcium mg/L 4-8 Chloride mg/L 5-15 Free Chlorine mg/L 1.0-3.0 Colour - Apparent Pt -Co 10-60 Colour - True Pt -Co 5-40 Conductivity micros/cm 45-60 DOC mg/L 2.0-7.0 Hardness (calculated) mg/L as CaCO3 12-22 Iron mg/L 0.05-0.20 Magnesium mg/L 0.5-0.8 Manganese mg/L 0.01-0.15 Nitrate mg/L as N 0.1-0.3 pH 7.0-9.0 Sulfate mg/L 3.0 Total Dissolved Solids mg/L 20-50 TOC mg/L 3.3-7.5 Turbidity NTU 0.06-3.5 UV Transmittance % 60-80 Zinc mg/L <1.0 Ortho -Phosphate mg/L 0.0-2.0 Trihalomethanes ug/L 60-140 171 I ,��ohn wa SAINTJOHN� SCDWP - East Side Potable Water System pHc� Adjustment and Orthophosphate Treatment March 26, 2 172 East Water Current Treatment & Future Treatment 47-4 VM"A 3 KWA GE fl L € 0i LCOOM 'AT! Mk TI MATUFIT R Ac- VE• Molls ,r- East Water Existing Treatment at Latimer Lake Facility :10441I _ X011_ 7_l l' 7 A .. 1 -A East Water Future Loch Lomond Drinking Water Treatment Facility L�i .f'0.'"�'• �� ! W_ Am LATIMER LAKE NEM -1 LATIMER LACE NEW TREMW-B LATIMER LACE PH CORRECTION as 7—:11, t 3. PH CHL+OMMATION CCIMECTION ORTHOPHOS"TE F�aINC EMSTM FACUM 176 r -� mm t East Water Current Treatment Parameter Aluminum Calcium Chloride Free Chlorine Colour - Apparent Colour - True Conductivity DOC Hardness (calculated) Iron Magnesium Manganese Nitrate M Sulfate Total Dissolved Solids TOC Turbidity UV Transmittance Zinc Units Typical Range Z�� East Water Current Treatment with pH Adjustment Parameter Aluminum Calcium Chloride Free Chlorine Colour — Apparent Colour — True Conductivity DOC Hardness (calculated) Iron Magnesium Manganese Nitrate in Sulfate Total Dissolved Solids TOC Turbidity UV Transmittance Zinc Units I Typical Range East Water Current Treatment with pH Adjustment and Orthophosphate Parameter Aluminum Calcium Chloride Free Chlorine Colour - Apparent Colour - True Conductivity DOC Hardness (calculated) Iron Magnesium Manganese Nitrate M1 Sulfate Total Dissolved Solids TOC Turbidity UV Transmittance Zinc Units Typical Range FA i LAT I M E R LAKE (�) LOW TM IWANe+a LATIMER LAKE PH DHLORNATON C'WX IOM ORMOPHOS"TE ING CHLORNATI N PH 03vmOI FILIFUkTIQN 60MECTION INHIBITOR D155OLVED AR FLOTAn N �■mm �lm NBV WATER TREKINENT PLANT 4,• • Water quality will change • Early pH adjustment intended to introduce change slowly & orthophosphate prior to full treatment all intended to mitigate possible impacts • pH adjustment being done to reduce corrosion • Increasing pH could destabilize tuberculation in the water system • Tuberculation is a growth of nodule (tubercules) on the pipe interior, which reduces the inside diameter &increases the pipe roughness • Build-up of corrosion formed over a number of years 181 Cleaning and Lining of Unlined Cast Iron • Over the past 12 years • Annual investments made (approx. $1.5M/yr) • Approximately 4 — 5 kms per year cleaned and lined • 50km cleaned and lined (approx. 33% of inventory) • Cleaning and lining completed to date —significant benefit in c +� reducing possible issues e • Approx. 100km remaining to be cleaned and lined (effort is ongoing) •df -7- . � } �\ �i � z \/, . ,. .• - . 16 ���� f \ .� �• 2 \`�. � � \:� � < � F -A • Potential Customer Impacts (in general) • Discoloured water • Increased iron • Changes in chlorine levels • Based on practice and historical data should be no adverse effects on copper piping with pH adjustment, however, be cognizant • Interim Treatment —effort to mitigate potential customer impacts c� el� Oft • Saint John Water will increase monitoring and testing of watere 'Jr O • SJW will be flushing the east w�a�ter distribution system to scour and clean pipes to expel matter M. Interim Treatment • Mid to late April 2018 commence pH adjustment • Over approx. 10 — 15 weeks gradual increase to > pH 7 Once water reaches point where orthophosphate becomes effective (June/July 2018) commence operation of temporary orthophosphate treatmer+ oxic+om Air, i • New east water webpage has been created on the City of Saint John's website located at www.saintjohn.ca/eastsidewater • Webpage includes: • General project information • FAQs & answers • Council Report • Presentation • Separate communications with ICI customers re interim changes c +� • To contact Saint John Water Customer Service at 658-4455 � (Available 24/7 however best to call between 8:30am — 4:30pm Mon —Fri.) waterandsewerage(a-)-saintjohn.ca 188 Recommendation That Common Council adopt the following resolution: RESOLVED that in an effort to minimize any undesired impacts associated with the upcoming change in transition to fully treated drinking water, your City Manager is recommending that Council direct staff to undertake the following actions: • In mid to late April 2018 commence operation of a sodium hydroxide treatment system at the Latimer Lake Treatment Facility to slowly, over the course of approximately 10 to 15 weeks, increase the pH of the water upwards toward that of the future finished water quality that will come from the Loch Lomond Drinking Water Treatment Facility. • Once the water reaches a point where orthophosphate corrosion inhibitor becomes effective, commence operation of a temporary orthophosphate treatment system at the Latimer Lake Treatment Facility. { COUNCIL REPORT M&C No. 2018-75 Report Date March 16, 2018 Meeting Date March 26, 2018 Service Area Corporate Services His Worship Mayor Don Darling and Members of Common Council SUBJECT. Sculpture Saint John Site Selection Committee Report OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Jonathan Taylor Jonathan Taylor Jeff Trail RECOMMENDATION That Council adopt the recommendation of the Site Selection Committee to approve the placement of the two granite sculptures from the 2018 Sculpture Saint John Symposium at the two most popular locations, Rainbow Park and Market Place (West). EXECUTIVE SUMMARY At the request of Common Council, the Saint John Community Arts Board formed a Site Selection Committee to make recommendations for the placement of two sculptures the City has commissioned for the 2018 Sculpture Saint John Symposium. The Site Selection Committee is recommending the sculptures be placed in Rainbow Park and Market Place (West), based on the voting results from citizens who participated in the public engagement process. PREVIOUS RESOLUTION Council Resolution of September 5, 2017: "RESOLVED that Council request the assistance of the Saint John Community Arts Board with the Sculpture Saint John 2018 Symposium by recommending the 3 artists choices and proposing site locations" Council Resolution of February 27, 2017: 190 -2 - "RESOLVED that as recommended by the City Manager in the submitted report M&C 2017-037, Common Council enter into a City Partnership with Sculpture Saint John for two sculptures by contributing $30,000 in 2016 out of the General Operating Fund." REPORT The Sculpture Saint John Symposium will take place from August 8t" — September 22nd, 2018. The City of Saint John has commissioned two granite sculptures to be placed within the City and enjoyed as public art. In September 2017, Common Council requested the assistance of the Saint John Community Arts Board for a recommendation on possible site locations for the sculptures. The Community Arts Board formed a Site Selection Committee, comprised of Peter Buckland, Maggie Higgins, Michael Wennberg, and Bernard Cormier to carry out this work. The Site Selection Committee engaged the public through social media and ads in the newspaper. Citizens were asked to vote on the top five locations to place the sculptures from the location short-list prepared by the Committee. Citizens were also given the opportunity to suggest other locations for Council's consideration. In total, 127 votes were received over a two week period. The two locations receiving the most votes were: Rainbow Park (25 votes) and Market Place West (18 votes). The Site Selection Committee is recommending that Council approve the placement of the two sculptures at the two most popular locations: Rainbow Park and Market Place (West). STRATEGIC ALIGNMENT Council priority of Vibrant City: Invest in arts, culture and recreation, experiences that create a sense of community pride. Site Selection Committee Site Selection Committee Report *1FY�►Pl# 11,f f#,[@";1.y 191 SITE SELECTION COMMITTEE REPORT At the Common Council meeting of September 5, 2018, Council requested the assistance of the Saint John Community Arts Board with the Sculpture Saint John 2018 Symposium by recommending the 3 artists choices and proposing site locations. The Saint John Community Arts Board formed a Site Selection Committee comprised of Peter Buckland, Maggie Higgins, Michael Wennberg, and Bernard Cormier. Sculpture Saint John has assigned professional sculptors Rafail Georgiev of Bulgaria and Patrick Sullivan of Canada to create the granite artwork for the City of Saint John. As per the agreement with Sculpture Saint John, the City was encouraged to engage local citizens in determining possible site locations. Suggested Criteria provided to local citizens: The sculptures should be placed in areas of the City that are part of a distinct neighbourhood, where the works are readily visible by, and accessible to, the general public walking on foot, as well as being visible when driving by them. Through social media and newspaper ads, local citizens were given two weeks to vote on the top five locations shortlisted by the Site Selection Committee, and given the opportunity to suggest other locations for consideration. Deadline for all votes was Monday, February 26th at 4:00 pm. In total we received 127 votes. Here's the breakdown. Location Votes Area Rainbow Park 25 South Market Place West 18 West Queen Square West 17 West Visa rt/Wellesley Park 14 North Victoria Park 07 North 24 other location suggestions were made. Most popular suggestions are: Little River Reservoir 6 East Queen Square South 5 South Dominion Park 5 West Seaside Park West 4 West King Square West 3 West We received many other location suggestions which I have categorized by areas of the city. Uptown Chubb's Corner (Prince Wm. St.) 192 King's Square Saint John City Market (Germain St. entrance) Harbour Station (west corner) Chown Field Garden Street Park North Fort Howe Kiwanis Scotiaview Park Crescent Valley (entrance, Itty Bitty Way & Samuel Davis Drive) Rockwood Park (duck pond area) South Tin Can Beach (parking lot) East Mispec Beach Jervis Bay Memorial Park West Martello Tower Carleton Community Centre (front lawn) Digby Ferry Terminal Manawagonish Road (Purdy's corner) Woolostook Park Dominion Park South Bay (near Vet Wing) RECOMMENDATION: The Site Selection Committee recommends Council approve the sculptures to be placed at the two most popular locations, Rainbow Park and Market Place (West). 193 City Sculpture Locations Suggested Criteria: The sculptures should be placed in areas of the City that are part of a distinct neighbourhood, where the works are readily visible by, and accessible to, the general public walking on foot, as well being visible when driving by them. Nei hbourhood Location Comments South End Rainbow Park Best location (visible from playground, At Lower Cove Loop (Broad splashpad and road) may be the southwest Street) - deep South End corner of the paved former tennis court area, east of, and above, the splashpad itself. Tin Can Beach Too remote, not really part of a nei hbourhood. Waterloo Village Chown Field Several possible locations here: (i) centre Bordered by Paul Harris, of graveled entrance area off Paul Harris Prince Edward and Crown Street (although City may access over part Streets - between the Boys and of this with vehicles); and (ii) at bottom of Girls Club and Prince Charles slope along Prince Edward Street. School East Side Ellerdale Street Area Large number of apartment buildings along Ellerdale. There is a small, not very attractive playground area here, but not a particularly attractive site. Other East Side Locations? Walkable areas? North End YMCA/Little Syria/Rifle A few possible locations: (i) a triangular Range piece of grassland forming part of YMCA Both sides of Churchill parking area median; and (ii) across the Boulevard, near the YMCA street from the YMCA on large empty fields on private apartment building ro ertieS. Visart/Wellesley Park A distinct and active neighbourhood Triangular park and adjoining (WWII housing). Several possible steep -sloped park area at locations: (i) Y2 way up the sloped area; intersection of Visart Street, and (ii) in the triangular park area. Wellesley Terrace and Wellesley Avenue Victoria Park, Indiantown A very attractive square in a very rundown Square located within Cunard, neighbourhood, Dozens of boarded up Victoria, Holly and Metcalf buildings, many of them historic, beautiful, Streets but abandoned. However, the houses surrounding the square show signs of continuing life a few good renos . Robertson Square, Comments above are equally applicable Indiantown here (maybe more so). Fewer homes Right at the end of Main Street, adjacent to park, no particularly good site, at Bridge Street and Irving works yard across the street. Lower West Side Carleton Community Garden A nice green area, beautiful mature trees. Open park area to the south of Several possible locations. Adjacent to 194 195 Carleton Community Centre and playground, along Market Place volleyball courts and industrial Port lands. Queen Square West This is a huge square, with virtually Large square located within St. nothing in it (including few trees). St. James West, Watson, St. John Jude's Church abuts it to the southwest. and Lancaster Streets Any number of possible locations. King Square West Square is on 2 levels - the lower Smaller square located within northeastern level being very smooth and Watson, Duke West and Prince flat (like a court surface). The Streets, adjacent to Carleton- southwestern side slopes up to dramatic Kirk Nursing Home viewpoints. Several possible locations, but the most dramatic ones are furthest from the road, and might get little foot traffic. 195 South End Rainbow Park Best location (visible from playground, splashpad At Lower Cove Loop (Broad Street) - and road) may be the southwest corner of the paved deep South End former tennis court area, east of, and above, the snlashnad itself. . er 196 Waterloo Village Chown Field Several possible locations here: (i) centre of Bordered by Paul Harris, Prince graveled entrance area off Paul Harris Street Edward and Crown Streets - between (although City may access over part of this with the Boys and Girls Club and Prince vehicles); and (ii) at bottom of slope along Prince Charles School Edward Street. 197 ,rt 4 East Side Ellerdale Street Area Large number of apartment buildings along Ellerdale. There is a small, not very attractive playground area here, but not a particularly attractive site. 5 North End YMCA/Little Syria/Rifle Range A few possible locations: (i) a rectangular piece of Both sides of Churchill Boulevard, grassland forming part of YMCA parking area near the YMCA median; and (ii) across the street from the YMCA on large empty fields on private apartment building properties. 199 North End Visart/Wellesley Park A distinct and active neighbourhood (WWII Triangular park and adjoining steep- housing). Several possible locations: (i) Y2 way up sloped park area at intersection of the sloped area; and (ii) in the triangular park area. Visart Street, Wellesley Terrace and Wellesley Avenue m North End Victoria Park, /ndiantown A very attractive square in a very rundown Square located within Cunard, Victoria, neighbourhood. Dozens of boarded up buildings, many of Holly and Metcalf Streets them historic, beautiful, but abandoned. However, the houses surrounding the square show signs of continuing life a few good renos . 201 North End Robertson Square, /ndiantown Comments above are equally applicable here (maybe more Right at the end of Main Street, at Bridge so). Fewer homes adjacent to park, no particularly good Street site, and Irving works yard across the street. 202 Lower West Side Carleton Community Garden A nice green area, beautiful mature trees. Several Open park area to the south of possible locations. Adjacent to volleyball courts and Carleton Community Centre and industrial Port lands. playground, along Market Place I 203 10 Lower West Side Queen Square West This is a huge square, with virtually nothing in it Large square located within St. James (including few trees). St. Jude's Church abuts it to West, Watson, St. John and Lancaster the southwest. Any number of possible locations. Streets 11 204 Lower West Side King Square West Square is on 2 levels - the lower northeastern level Smaller square located within being very smooth and flat (like a court surface). Watson, Duke West and Prince The southwestern side slopes up to dramatic Streets, adjacent to Carleton -Kirk viewpoints. Several possible locations, but the most Nursing Home dramatic ones are furthest from the road, and might et little foot traffic. 12 205 Worker Appeal Services ogeeveNEA ANNtiAe MayDay Dinner May 1, 2018 at Lily Lake Pavilion Reception at 6:30pm •Dinner at 7:30pm Buffet Hip of Beef/ Seafood Casserole $125mOOper person $900.00 for table of eight ticket inquiries 635-0391 available at Worker Appeal Services 26 Kiwanis Court Keynote Speaker — To Be Announced Income Tax Receipt available for a portion of the ticket With the support of Saint John & District Labour Council 206 ,v Mayor Don Darling and Members of Saint John Common Council City of Saint John PO Box 1971 Saint John NB E2L 41-1 March 20, 2018 Dear Mayor Darling and Council Members, YMCA of Greater Saint John 191 Churchill Blvd. Saint John, NB E2K 3E2 Tel: 693-9622 Fax: 634-0783 We are excited to be hosting the 2018 Red Triangle Award Gala at the Saint John Regional Y on April 12th. This will be a great opportunity to recognize outstanding community leaders while raising funds to support the YMCA Strong Communities Campaign. Mr. Stephen MacMackin and Mr. Bill MacMackin will both be receiving the prestigious Red Triangle Award. This award is presented in recognition of long and meritorious volunteer service, outstanding contributions and achievement in the community. The Leader to Watch is presented to an individual that provides skilled and enthusiastic leadership in the community and the award is being presented to Harry Daley. They are all very deserving recipients and we are excited to share this evening with them. The Red Triangle Award Gala will be held on Thursday, April 12 at 6:30pm. Tickets can be purchased online at www.saintiohny.ymca.ca, at the front desk of the Saint John Regional Y or by phoning 634- 4922. They cost $100 each or 10 for $900. It would be appreciated if you could mention this important fundraising event at an upcoming Council meeting. Perhaps the City of Saint John would also consider purchasing 10 tickets in support of the recipients and the Strong Communities Campaign. Thank you for considering this request. Please let me know if you require any additional information. Sincerely, .lit -a:<-rlA Cindy Floyd, CFRE VP, Philanthropy and Communications B�ildin9 �e.ait�y "mmunif125 March 21, 2018 Good day Mr. Taylor I was given your name by Councillor Greg Norton who I reached out to as I was reading about his interaction on Twitter with a concerned citizen. My name is Corey McGill and I am the Owner/Operator of McGill's at Market Square. I am contacting you today as I am becoming further concerned about the continued lack of taxicabs in the city in the evening. Many nights, many patrons all over the Uptown SJ core wait for a considerable amount of time for a limited amount of cabs that can take hours to get to them. It is not uncommon to hear of people who have had to get hotels because they simply could not get home. Even worse the greater fear is people being stuck with no options and wrongly choose to drive home under the influence. The taxi companies in Saint John have made the choice to only put so many cars of their fleet on the roads in the evenings so we are stuck in a tough position as food and beverage operators. I understand that at the present time, the city by-laws have not been constructed to welcome a ride sharing service if the opportunity were to present itself. It is my belief that the city of Saint John, which at so many times, presents itself as a progressive and pro -active municipality, should look into amending the by-laws to reflect ride sharing as a viable option and welcomed. As it stands right now, Uber has said that it has no plans to look at New Brunswick to expand its footprint, but that doesn't mean that SJ can't be proactive and amend its by-laws to prepare for the inevitable entry into the market by ride sharing and all the positive economic spin offs that it would incur. There is a balance that can be struck between traditional cab services and ride sharing. As a progressive city that embraces innovation and creating new business opportunities, this is something that really should be brought back to the council table and debated on all its merits. Thank you and look forward to continuing the conversation. Corey McGill Owner/Operator McGill's 506-693-6666 (b) 506-333-6294 (c) Twitter @mcgillssj www.mc_ig llssj.com I COUNCIL REPORT M&C No. 2018-84 Report Date March 21, 2018 Meeting Date March 26, 2018 Service Area Public Safety Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Saint John Fire Department OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Josh Hennessy Acting Chief Joe Armstrong Jeff Trail RECOMMENDATION It is recommended that Common Council adopt the following resolution: RESOLVED that the Mayor and Common Clerk enter into agreement with 685502 NB Ltd. at 45 Leinster Street upon the terms and conditions contained in the agreement attached to M&C 2018-84 and that the Mayor and Common Clerk execute the said agreement. EXECUTIVE SUMMARY The City of Saint John is the owner of the fire station (Station 1) and lands at the northwestern corner of Carmarthen Street and Leinster Street (PID 18622). 685502 NB Ltd. is the owner of lands at the southwestern corner of King Street East and Carmarthen Street (PID 55010516) and lands between the southern side of King Street East and the northern side of Leinster Street (PID 9506, 9498, 9480, 9472, 9738 & 55013577). 685502 NB Ltd. intends to build a parking structure and requires access the City owned lands (PID 18622). The City owned land is currently used for staff parking at Station 1 and 685502 NB Ltd. will supply parking for staff throughout the duration of the parking structure construction. PREVIOUS RESOLUTION N/A 209 -2 - STRATEGIC ALIGNMENT Strong Economy— "Ensure Saint John has a competitive business environment for investment." Strong Economy— "Support the retention and attraction of businesses that create job opportunities." SERVICE AND FINANCIAL OUTCOMES As discussed in the Executive Summary, the city owned lands are used for staff parking at Fire Station 1. The builder, 685502 NB Ltd. is supplying parking for those staff impacted by the development. This agreement does not have a service level impact or financial impact to the City of Saint John Fire Department. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Input was received from Legal in creating this report. ATTACHMENTS i) Access and Use Agreement- M&C 2018-84 ii) Schedule A- M&C 2018-84 iii) Schedule B- M&C 2018-84 210 THIS AGREEMENT made this day of 12018. BY AND BETWEEN: THE CITY OF SAINT JOHN having its City Hall at 15 Market Square, Saint John, New Brunswick E21- 1E8, a body corporate by Royal Charter, confirmed and amended by Acts of the Legislative Assembly of the Province of New Brunswick (hereinafter the "City") OF THE FIRST PART - and - 685502 N.B. LTD. having its registered office at 10 Sydney Street, Saint John New Brunswick E21- 4K1, a body corporate pursuant to the laws of the Province of New Brunswick (hereinafter "685502") OF THE SECOND PART RECITALS: WHEREAS the City is the owner of the fire station and lands at the northwestern corner of Carmarthen Street and Leinster Street (PID Number 18622) (hereinafter "Parcel A"); AND WHEREAS 685502 is the owner of lands at the southwestern corner of King Street East and Carmarthen Street (PID Number 55010516) (hereinafter "Parcel B"); AND WHEREAS 685502 is the owner of lands between the southern side of King Street East and the northern side of Leinster Street (PID Numbers 9506, 9498, 9480, 9472, 9738 and 55013577) (hereinafter "Parcel C"); AND WHEREAS 685502 intends to build a parking structure on Parcel C (the "Structure"); AND WHEREAS during construction of the Structure, 685502 requires access to and use of the western portion of Parcel A as shown as hatched on the sketch attached hereto and marked as Schedule "A" (the "Area"); NOW THEREFORE THIS AGREEMENT WITNESSETH that the parties heretofore and in consideration of these presents and the covenants herein contained agree as follows 685502 shall have access to and use of the Area for the following purposes: a. to install a fence as shown in green on Schedule "B" hereto being "Sheet No A1- 03 date 17/12/13 rev: 4" (the "Fence"); b. to encroach into the Area and disturb and excavate the same when excavating for the foundation of the Structure; 211 Access and Use Agreement The City of Saint John and 685562 N.B. Ltd. Page 2of4 c. upon completion of the foundation the area encroached upon or disturbed shall be back-filled to grade and prepared for use in connection with the erection of the Structure; d. to install temporary granular levelling base or plywood to protect existing asphalt surfaces of the Area; e. to install concrete blocks, approximately 2.4 metres in length x 1.5 metres wide and 0.9 metres high as anchors for bracing required to stabilize the Structure during construction of the Structure; f. to remove the bracing and the concrete blocks; g. to relocate the Fence to the western boundary of Parcel A; h. to restore the Area accessed and used to a condition equal to or better than the condition existing at the time of initial entry by 685502. 2. At all times during the work performed under clause 1, 685502 shall allow the employees of the Saint John Fire Department to use the area depicted as hatched on Parcel B on the attached Schedule "A" (the "Parking Area") for parking of motor vehicles. The City, at its expense, will maintain the Parking Area in a neat and tidy condition and will be responsible for all costs to remediate and repair all damage to the Parking Area caused by the City or its employees or permittees' use and/or occupancy of the Parking Area during the period it is granted use as set out herein reasonable wear and tear excepted. Notwithstanding the foregoing, 685502 shall ensure the Parking Area is cleared of snow. 3. 685502 shall have access to and use of the Area and the City shall have use of the Parking Area as set out in paragraph 2 hereof until 685502 removes the Fence from the Area and restores the Area as required in paragraph 1 hereof. 4. Prior to exercising access to and use of the Area, 685502 shall deliver to the City a Certificate of Insurance naming the City as an additional insured evidencing a policy of commercial general liability coverage on "an occurrence basis" and containing a cross -liability clause which policy has an inclusive limit of not less than Five Million Dollars ($5,000,000.00); the certificate must provide that the coverage shall stay in force and not be amended, cancelled or allowed to lapse without thirty (30) days' prior notice in writing being given to the City. Such notice shall be deemed to have been satisfactorily given if delivered to the Office of the Insurance Claims and Adjustments Officer for The City of Saint John, City Hall, 11th Floor, 15 Market Square, P.O. Box 1971, Saint John, NB, F2L 4L1, or mailed by prepaid registered mail to that office. The aforesaid insurance coverage must remain in full force and effect until completion of the work contemplated in paragraph 1(a) -(h) inclusive. 5. Prior to exercising access to and use of the Parking Area, the City shall deliver to 685502 a Certificate of Insurance naming 685502 as an additional insured evidencing a policy of commercial general liability coverage on "an occurrence basis" and containing a cross -liability clause which policy has an inclusive limit of not less than Five Million Dollars ($5,000,000.00); 212 Access and Use Agreement The City of Saint John and 685502 N.B. Ltd. Page 3 of 4 the certificate must provide that the coverage shall stay in force and not be amended, cancelled or allowed to lapse without thirty (30) days' prior notice in writing being given to 685502. Such notice shall be deemed to have been satisfactorily given if delivered to the address first set out above to the attention of the Legal Office or mailed by prepaid registered mail to that office. The aforesaid insurance coverage must remain in full force and effect until the City ceases to have use of the Parking Area as per paragraph 3 herein. 6. 685502 hereby indemnifies and saves harmless the City, its employees, officers, agents, successors and assigns from and against any and all losses, costs, claims, demands, expenses, proceedings and action of every nature and kind for injury or direct damages to persons or property to the extent caused by the access to and use of the Area. 7. The City hereby indemnifies and saves harmless 685502, its employees, officers, agents, successors and assigns from and against any and all losses, costs, claims, demands, expenses, proceedings and action of every nature and kind for injury or direct damages to persons or property to the extent caused by the access to and use of the Parking Area. 8. It is expressly agreed and understood that the execution of these presents by the City does not constitute approval of the proposed parking structure on Parcel C which approval can be given only by the City's Development Officer., 9. This Agreement shall be construed, interpreted and enforced in accordance with, and the respective rights and obligations of the parties shall be governed by, the laws of the Province of New Brunswick and the federal laws of Canada applicable therein, and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of such province and all courts competent to hear appeals therefrom. 10. This Agreement constitutes the entire agreement between the parties hereto with respect to the subject matter hereof and supersedes all prior agreements, understandings, negotiations and discussions, whether written or oral. There are no conditions, covenants, agreements, representations, warranties or other provisions, express or implied, collateral, statutory or otherwise, relating to the subject matter hereof except as herein provided. No supplement, modification, waiver or termination of this Agreement shall be binding unless executed in writing by the parties in the same manner as the execution of this Agreement. 11. This Agreement shall enure to the benefit of and be binding upon the parties hereto, their successors and assigns respectively. [Signature Page to Follow] 213 Access and Use Agreement The City of Saint John and 685502 N.B. Ltd. Page 4 of 4 [Signature Page to Access and Use Agreement] IN WITNESS WHEREOF the parties hereto have caused these presents to be duly executed by the properly authorized officers and their respective corporate seals affixed hereto as of the day and year first above written. SIGNED, SEALED & DELIVERED } THE CITY OF SAINT JOHN In the presence of: } Mayor Common Clerk Common Council Resolution: 2018 685502 N.B. LTD. Per: And: 214 �� _ i-01nsier`n mt�� t Flre and Rescue `- 'y Sal -t Jahn 1 X �1 Former So.nt John County Court douse d -�• 6 .1 w' � 1 1 C Saint Jahn firefighter's Museum I Fence Rem als Fence Additions4 i Build e X685502 N.B. Ltd. Property Affl �� _ i-01nsier`n mt�� t Flre and Rescue `- 'y Sal -t Jahn 1 X �1 Former So.nt John County Court douse .° 1 .1 w' � 1 1 C Saint Jahn firefighter's Museum I Fence Rem als Fence Additions4 i Build e Affl �� _ i-01nsier`n mt�� t Flre and Rescue `- 'y Sal -t Jahn 11 .✓ e❑ B+H. n..euana cirwonwaw.u+. in. WiuW Prhrrshr lR1Ml1Ii FVYq W Iln,leC v Irving Oil Home Office Parkade sayn.w.e n.. SURVEY 7871201 SCHEDULE 'B' _N 1 5& F11 Al -03 4 1 X �1 1 .1 � 1 1 C 11 .✓ e❑ B+H. n..euana cirwonwaw.u+. in. WiuW Prhrrshr lR1Ml1Ii FVYq W Iln,leC v Irving Oil Home Office Parkade sayn.w.e n.. SURVEY 7871201 SCHEDULE 'B' _N 1 5& F11 Al -03 4 Meeting Date I March 26, 2018 Deputy Mayor McAlary and Councillors, Subject: M&C 2018-90 Arbitration Board Proceeding and Application to the Court of Queen's Bench of New Brunswick - Local 771— Pension Eligibility - An Act Respecting the Saint John Fire Fighters' Association RESOLVED that as recommended by the Committee of the Whole, having met on March 26, 2018, Common Council adopt the following: That the City approve the Agreement between the City and the Saint John Fire Fighters' Association, International Association of Fire Fighters, Local 771 attached to the Committee of the Whole's March 26th, 2018 report to Common Council in that regard, and that the Mayor and Common Clerk be authorized to execute the said Agreement and, further, that the City Solicitor or his designate be authorized to execute the Consent Order also as attached to the aforesaid March 26th, 2018 report. Sincerely, Don Darling Mayor lr _ SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 I www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1 217 IN THE MATTER OF GRIEVANCES RESPECTING FIREFIGHTERS J.D.K, AND D.A.C. UNDER THE NEW BRUNSWICK INDUSTRIAL RELATIONS ACT AND IN THE MATTER OF AN APPLICATION PURSUANT TO RULE 16.04(e) OF THE NEW BRUNSWICK RULES OF COURT, COURT FILE NO. SJM-16.2018 BETWEEN: SAINT JOHN FIRE FIGHTERS' ASSOCIATION, INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, LOCAL 771 (the "Union") and THE CITY OF SAINT JOHN (the "Employer") AGREEMENT WHEREAS the Union filed two grievances, each dated January 16th, 2017, on behalf of Firefighters J.D.K. and D.A.C. respectively (the "Grievances"), alleging a violation by the Employer of the Collective Agreement between the Union and Employer, by reason of the Employer's having refused to grant a pension to Firefighters J.D.K. and D.A.C. pursuant to a private statute known as An Act Respecting the Saint John Fire Fighters'Association (the "Heart and Lung Act'); AND WHEREAS the Grievances were denied by the Employer at each of the internal steps of the grievance process identified in the Collective Agreement between the Union and Employer; AND WHEREAS the Grievances were subsequently referred by the Union to an Arbitration Board; AND WHEREAS the Union and the Employer were of differing views as to the correct interpretation of the language "...unable to carry -on in the Saint John Fire Department...", as found in section 1 of the Heart and Lung Act; AND WHEREAS the Employer, in light of the differing views referred to in the immediately preceding recital, filed an Application with the Court of Queen's Bench of New Brunswick on March 1st, 2018 pursuant to Rule 16.04(e) of the New Brunswick Rules of Court seeking the Court's determination of the correct interpretation of the language "..unable to carry on in the Saint John Fire Department.." set out in the immediately preceding recital (the "Application"); AND WHEREAS a hearing date for consideration of the Application has been set for March 28, 2018; 1 NM AND WHEREAS the Arbitration Board constituted to hear the Grievances advised the parties on March 23rd, 2018 that the hearing originally scheduled for April 9th and 10th, 2018 has been adjourned sine die at the request of the Employer pending the outcome of the Application; AND WHEREAS discussions have taken place between the Union and Employer in an effort to resolve the differing views respecting the correct interpretation of the language "...unable to carry on in the Saint John Fire Department...." as well as the differences giving rise to the Grievances; AND WHEREAS the aforesaid discussions between the Union and the Employer have been fruitful and have produced the resolution outlined more fully in this Agreement. NOW THEREFORE IT IS HEREBY AGREED BY THE UNION AND EMPLOYER that for and in consideration of these presents and other good and valuable consideration, the receipt of which is hereby acknowledged, the Union and Employer agree each with the other as follows: Part I - Consent Order from the Court of Queen's Bench of New Brunswick 1. The Union and the Employer shall execute the Consent Order, which is attached hereto as Schedule "A", and shall immediately submit said executed Consent Order to the Court of Queen's Bench of New Brunswick for its consideration and approval upon the execution of this Agreement. 2. For greater clarity, this Agreement shall have no force or effect unless the Court of Queen's Bench of New Brunswick executes the Consent Order in the form found in Schedule "A" or in a form that, in the opinion of both the Union and the Employer, is substantively equivalent to the Consent Order in the form found in Schedule "A". 3. Should the Court of Queen's Bench of New Brunswick be unprepared to execute the Consent Order in the form found in Schedule "A" but be prepared to execute the Consent Order in a form that both the Union and the Employer considers to be substantively equivalent to the Consent Order found in Schedule "A", the Union shall execute such Consent Order forthwith. Part II - Without Prejudice or Precedent Agreement 4. Part II of this Agreement is made on a "without prejudice or precedent basis" between the Union and Employer and only has application to Firefighters J.D.K. and D.A.C. 5. Firefighters J.D.K. and D.A.C. shall each provide, within five (5) business days of the execution of this Agreement, any necessary written consents for the release of all medical information that the independent medical consultant reasonably considers relevant for the purpose of evaluating the eligibility of Firefighters J.D.K. and/or D.A.C. for a pension under the Heart and Lung Act. 6. Within sixty (60) calendar days of the execution of this Agreement, Firefighters J.D.K. and D.A.C. shall submit to and fully cooperate with a functional capacity evaluation and any other medical or other evaluation deemed necessary by the chosen independent medical consultant for the purpose of inquiring into and ascertaining what limitations are presented by their respective medical conditions and, 2 219 correspondingly, what specific duties and responsibilities they would be capable of performing within the Saint John Fire Department. The independent medical consultant, for the benefit of greater clarity, shall be chosen by Firefighters J.D.K. and D.A.C. from one (1) of the following two (2) firms with discrete and recognized expertise in this area: (1) LifeMark, or (2) CBI Health Group. 7. Upon receipt of the written recommendation and supporting written assessment of the chosen independent medical consultant arising from the foregoing inquiry, which shall be provided to both the Employer and the Union by the chosen independent medical consultant, the Employer shall have fifteen (15) business days to submit in writing to the independent medical consultant, copying the Union, any follow-up questions or questions of clarification that the Employer may have arising from the written recommendation and supporting written assessment of the chosen independent medical consultant provided they are reasonably related to evaluating the eligibility of Firefighters J.D.K. and/or D.A.C. for a pension under the Heart and Lung Act. Correspondingly, the Union and Employer agree that the independent medical consultant may have follow-up questions or questions of clarification for the Employer in the course of discharging its functions. 8. Upon receipt of written responses from the chosen independent medical consultant respecting any reasonable follow-up questions or questions of clarification that the Employer may have arising from the written recommendation and supporting written assessment of the chosen independent medical consultant, the Employer shall have fifteen (15) business days to evaluate the additional information provided and make a determination respecting whether Firefighters J.D.K. and/or D.A.C. shall be awarded a pension under the Heart and Lung Act and to communicate that determination in writing to J.D.K. and D.A.C. respectively, copying the Union on any such correspondence. 9. Should it be the decision of the Employer to decline the awarding of a pension under the Heart and Lung Act to Firefighters J.D.K. and/or D.A.C., the Employer shall simultaneously offer in writing a suitable position (accommodated or otherwise) to Firefighters J.D.K. and/or D.A.C. in the Saint John Fire Department. 10. Should Firefighters J.D.K. and D.A.C. be offered what the Employer believes to be a suitable position (accommodated or otherwise) in the Saint John Fire Department and, further, should Firefighters J.D.K. and/or D.A.C. disagree that such offered position is indeed suitable, Firefighters J.D.K. and/or D.A.C. shall submit a new grievance(s) directly to the Arbitration Board, correspondingly waiving all of the internal steps set out in the Collective Agreement for the adjudication of grievance(s) which precede referral to an Arbitration Board. 11. The Arbitration Board shall be of the same composition as the Arbitration Board that was arranged to hear the Grievances provided that the Chairperson and Members are prepared to accept that mandate and shall be called upon to consider and decide, within forty-five (45) calendar days of the submission to the Arbitration Board by Firefighters J.D.K. and/or D.A.C., the narrow and discrete issue of whether the offer(s) made by the Employer is/are indeed suitable, having regard to the medical limitations of Firefighters J.D.K. and/or D.A.C., as he case may be. 3 220 12. The Union agrees that it shall immediately withdraw the Grievances and provide written notice of same to the Arbitration Board upon: (1) the execution of this Agreement, and (2) upon receipt of confirmation that the conditions in Part I, paragraphs 2 or 3 hereof have been satisfied. 13. The Employer agrees that Firefighters J.D.K. and/or D.A.C. shall continue to receive benefits and salary equivalent to the sick benefit that they were receiving at the time they were respectively advised by the Employer that their entitlement to sick benefits had expired under the Collective Agreement, until the issue of their respective eligibility for a pension under the Heart and Lung Act is resolved, provided that the process does not extend beyond one hundred and eighty (160) calendar days from the date of the execution of this Agreement. Notwithstanding the foregoing, should the work of the independent medical consultant or the Arbitration Board, as contemplated in this Agreement, require more time than the allocation of sixty (60) calendar days and forty-five (45) calendar days, respectively, the Employer agrees to extend the aforementioned period of one hundred and eighty (180) calendar days QUI by the number of days in addition to those expressly allocated herein that are required by the independent medical consultant and the Arbitration Board, respectively. Part III - Non -Waiver 14. By executing this Agreement, the Employer does not waive its position more generally that an Arbitration Board appointed pursuant to the terms of the Collective Agreement has no jurisdiction/authority to consider any questions as they pertain to the interpretation and application of the Heart and Lung Act. DATED at Saint John, New Brunswick this 26 day of 14P rcL 2018. For the Union Peter Alexander, President For the Employer Don Darling, Mayor Resolution Date: 4 221 rA'� Witness Jonathan Taylor, Common Clerk 3CHEDIR Court File Number: SJM-16-2018 N THE COURT OF QUEEN'S BENCH OF NEW BRUNSWICK TRIAL DIVISION JUDICIAL DISTRICT OF SAINT JOHN IN THE MATTER OF AN APPLICATION PURSUANT TO RULE 16.04(e) OF THE NEW BRUNSWICK RULES OF COURT BETWEEN: THE CITY OF SAINT JOHN APPLICANT and - SAINT JOHN FIRE FIGHTERS' ASSOCIATION, INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, LOCAL 771 RESPONDENT CONSENT ORDER WHEREAS the Applicant is a municipality in the County of Saint John and the Province of New Brunswick established by Royal Charter, as confirmed and amended from time to time by Acts of the Legislative Assembly of the Province of New Brunswick; AND WHEREAS the Respondent is a trade union within the meaning of the Industrial Relations Act, R.S.N.B. 1973, c. 1-4 and is the sole bargaining agent for unionized firefighters employed by the Applicant; AND WHEREAS by Notice of Application dated March 1st, 2018 the Applicant submitted two (2) questions to this Court pursuant to Rule 16.04(e) of the New Brunswick Rules of Court seeking the Court's interpretation of the meaning of certain provisions found in a private statute entitled An Act Respecting the Saint John Fire Fighters' Association, S.N.B. 2010, c. 9 (the "Heart and Lung Act"), which interpretation is necessary to the determination of a live dispute as to whether a right exists to a pension under the Heart and Lung Act, AND WHEREAS the Respondent was served on March 7th, 2018 with the Notice of Application and supporting Affidavit of Kevin Clifford, which was sworn to on March 18t, 2018; 222 2 AND WHEREAS the Applicant and the Respondent, through negotiations, have arrived at the terms of the within Consent Order. NOW THEREFORE IT IS HEREBY ORDERED BY THIS COURT THAT: 1. The answer is "NO" to each part of the first question submitted to this Court, as set out in the Notice of Application, namely: Does being ", -rendered rendered unable to carry on in the Saint John Fire Department..." by reason of an eligible "condition of impairment of health", as that language is used in section 1 of the Heart and Lung Act, narrowly mean being "...rendered unable to cavy on in the Saint John Fire Department..." in either.• (1) an "operational/on the truck firefighter" position or, alternatively, (2) the actual firefighter position that the applicant happens to occupy at the time he or she makes application for a pension under the Heart and Lung Act? For the benefit of greater clarity and guidance respecting the meaning of "operationayon the truck firefighter", this Court adopts the general explanation of this terminology, as set out in paragraph 28 and the first part of paragraph 29 of the Affidavit of Kevin Clifford, sworn to on March 1St, 2018, as reproduced below: 28. For the benefit of greater clarity and context, the majority of positions within the SJFD are of the "operationai/on the truck frrefghter" variety. The duties and responsibilities that fall to those who occupy such positions include the following: Interior and exterior fire rescue operations, including handling and advancing high pressure hose lines in very dynamic (high heat/low visibility) and high risk environments; working below grade, above grade, at extreme heights; off of ladders; using a host of tools including self-contained breathing apparatus', chainsaws, axes, ceiling hooks, hydraulic equipment (for extrication) and thermal imagers to identify the location of fire, contain and prevent the spread of fire and to protect people, property, and the environment. That being said, there are several duties and responsibilities within a modem firefighting service, such as the SJFD, that do not fall within the "operationaUon the truck firefighter" scope. Such duties and responsibilities include the following: public education, inspection services, training delivery of numerous classroom subjects, equipment maintenance, administration, and emergency planning, 29. In a modern firefighting service, such as the SJFD, it is possible to bundle certain duties and responsibilities into a single meaningful and legitimate firefighter position that all fall outside of the 223 3 "operational/on the truck firefighter" scope and are consistent with the firefighter's ability to discharge those functions from a physical/medical perspective, thereby achieving the accommodation of certain medical conditions and disabilities. Indeed, there is a long history within the SJFD of doing just that... 2. The answer is "YES" to the second question submitted to this Court, as set out in the Notice of Application, namely: 2. If the answer to the first question above is "no" is a broader inquiry required to determine whether an applicant for a pension under the Heart and Lung Act with an eligible "condition of impairment of health" is "unable to carry on" in any permanent firefighter position which would be made available to him or her "in the Saint John Fire Department"? DATED at Saint John, New Brunswick this WE HEREBY CONSENT TO THIS ORDER: Scott A. Brittain Solicitor for the Applicant day of 2018. The Honourable Justice of the Court of Queen's Bench of New Brunswick, Trial Division Sean McManus Solicitor for the Respondent 224